Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 63 COMMUNITY-BASED BEHAVIORAL HEALTH PROGRAMS AND SERVICES

Notice of Withdrawal

[25-063-W]

The Secretary of Health withdraws the proposal to:

(1) Repeal existing Regulations .01—.05 and adopt new Regulations .01—.13 under COMAR 10.63.01 General Compliance and Reporting Requirements;

(2) Repeal existing Regulations .01—.04 and adopt new Regulations .01—.14 under COMAR 10.63.02 General Staffing Requirements;

(3) Repeal existing Regulations .01—.21 and adopt new Regulations .01—.10 under COMAR 10.63.06 Licensure Process; and

(4) Adopt new Regulations .01—.10 under a new chapter, COMAR 10.63.09 Corrective Actions and Sanctions, as published in 52:10 Md. R. 449—469 (May 16, 2025).

MEENA SESHAMANI, MD, PHD
Secretary of Health

Proposed Action on Regulations

Title 08
DEPARTMENT OF NATURAL RESOURCES

Notice of Proposed Action

[25-167-P]

The Secretary of Natural Resources proposes to:

(1) Amend Regulation .10 under COMAR 08.01.07 Chesapeake Forest Lands;

(2) Adopt new Regulations .01—.06 under a new chapter, COMAR 08.01.10 Use of Bicycles and Electric Bicycles on Department Lands;

(3) Amend Regulation .25 under COMAR 08.07.01 State Forests; and

(4) Amend Regulation .25 under COMAR 08.07.06 Use of State Parks.

Statement of Purpose

The purpose of this action is to propose regulations to provide clear guidelines for the use of bicycles and electric bicycles on Maryland state lands. They are designed to complete three goals:

(1) Define where bicycles and electric bicycles are permitted, including specific trails, roads, and areas;

(2) Establish criteria for restricting access to certain trails or areas based on environmental, safety, or user conflict concerns; and

(3) Provide operational rules for users.

Estimate of Economic Impact

I. Summary of Economic Impact. It is possible that this action may have a positive impact both on Department revenues and small businesses which deal in the affected types of cycles. It is not possible to determine the exact benefit that will ultimately be realized by these changes.

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:	NONE
E. On other industries or trade groups:
Bike Dealers	(+)	Indeterminable
F. Direct and indirect effects on public:	NONE

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

A. The increase in trails where electric bicycles are permitted may lead to increased visitation to state lands; however, the specific impacts are unknown/speculative/difficult to predict. If this leads to increased visitation, there may be a potential increase in the income of the Department through the entry fees to state lands; however, many state lands do not charge an entrance fee and cyclists who ride in do not pay the entrance fee. It is unclear whether the amount of cycling will increase or the type of bicycles used in the parks will change.

E. The action could positively impact small businesses throughout the state that sell bikes and electric bicycles by expanding allowable places to ride and providing clear guidance on trail usage. However, the potential positive economic impact is indeterminable.

Economic Impact on Small Businesses

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

The regulation could positively impact small businesses throughout the state that sell bikes and electric bicycles by expanding allowable places to ride and providing clear guidance on trail usage. However, the potential positive economic impact is indeterminable.

Impact on Individuals with Disabilities

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

The proposed action has a positive impact on individuals with disabilities by providing additional opportunities for outdoor recreation. The regulation defines and allows adaptive bikes as a type of electric bicycle, providing them the same access to trails as non-adaptive electric bicycles. In addition, allowing the use of electric bicycles will advance equitable access for individuals who, due to physical disabilities, age, or limited physical capacity, may be otherwise unable to engage in traditional bicycling.

Opportunity for Public Comment

Comments may be sent to Office of Outdoor Recreation, Director, Department of Natural Resources, 580 Taylor Avenue, C4, Annapolis, MD 21401, or call 410-260-8979, or email to [email protected]. Comments will be accepted through September 22, 2025. A public hearing has not been scheduled.

Subtitle 01 OFFICE OF THE SECRETARY

08.01.07 Chesapeake Forest Lands

Authority: Natural Resources Article, §§5-209(a) and 10-808, Annotated Code of Maryland

.10 Vehicles.

A. The Service may restrict the use of [bicycles, mountain bikes, and] animals on certain forest roads and trails on Chesapeake Forest Lands.

B—C. (text unchanged)

08.01.10 Use of Bicycles and Electric Bicycles on Department Lands

Authority: Natural Resources Article, §§5-209, 5-1211, and 10-808, Annotated Code of Maryland

.01 Applicability.

This chapter applies to the use of bicycles and electric bicycles on Department lands.

.02 Definitions.

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

B. Terms Defined.

(1) “Adaptive bicycle” means a bicycle designed with a specialized mobility device for use by individuals with physical disabilities or mobility challenges and that may be customized with one or more of the following adaptive features:

(a) Hand-cycles;

(b) Three-wheeled designs for stability;

(c) Reinforced frames;

(d) Adaptive seating; or

(e) Specialized controls.

(2) “Bicycle” means a vehicle that:

(a) Is designed to be operated by human power; and

(b) Has two or three wheels, of which one is more than 14 inches in diameter.

(3) “Department” means the Department of Natural Resources.

(4) “Department lands” means Chesapeake Forest Lands, State Forests, State Parks, Wildlife Management Areas, Cooperative Wildlife Management Areas, Natural Environmental Areas, Natural Resource Management Areas, and Wildlands.

(5) Electric bicycle.

(a) “Electric bicycle” has the meaning stated in Transportation Article, §11-117.1, Annotated Code of Maryland.

(b) “Electric bicycle” includes an adaptive bicycle equipped with an electric assist motor.

.03 Usage.

A. Subject to §§B—G of this regulation, a person may use a bicycle or an electric bicycle only on recreational trails, public roads, or parking lots on Department lands.

B. A person may only use a Class 1 or Class 3 electric bicycle that has a pedal-assist motor on Department lands.

C. Except for adaptive bicycles, a person is prohibited from using a Class 2 electric bicycle or an electric bicycle with a non-pedal-assist motor on Department lands.

D. A person is prohibited from using a bicycle or an electric bicycle on Wildlands, as designated under Natural Resources Article, §5-1203, Annotated Code of Maryland.

E. The Secretary, or their designee, may restrict on a temporary or permanent basis the use of bicycles or electric bicycles on trails on Department lands.

F. If the use of bicycles is prohibited in an area on Department lands, the use of an electric bicycle is also prohibited.

G. If a recreational trail is designated as pedestrian-use only, the use of bicycles and electric bicycles is prohibited.

.04 Notice.

A. The Secretary, or their designee, shall provide notice of temporary or permanent bicycle or electric bicycle restrictions by:

(1) Posting signage at a trailhead;

(2) Posting notice on a bulletin board on the affected Department land; or

(3) Publishing the restriction on the Department’s website.

B. When determining whether to restrict the use of bicycles and electric bicycles from Department lands, the Secretary, or their designee, shall consider:

(1) If the trail is designed for a particular user group;

(2) If the area contains appropriate infrastructure;

(3) If critical habitat protection is necessary;

(4) If the area is designated as a wildland; and

(5) The safety of the trail users.

.05 Conduct.

A person may not operate a bicycle or electric bicycle:

A. In a reckless, careless, or negligent manner;

B. In a manner that disregards the rights or safety of an individual;

C. While under the influence of alcohol or drugs; or

D. In a manner that causes damage to property, wildlife, vegetative resources, or individuals.

.06 Violations.

An individual who violates any provision of this chapter is subject to the provisions of Natural Resources Article, §5-1301, Annotated Code of Maryland, in addition to any penalties under Criminal Law Article, §6-405, Annotated Code of Maryland.

Subtitle 07 FORESTS AND PARKS

08.07.01 State Forests

Authority: Natural Resources Article, §5-209, Annotated Code of Maryland

.25 Use of Trails.

The Service may restrict the use of [bicycles, mountain bikes, and] animals on certain trails in a State forest.

08.07.06 Use of State Parks

Authority: Natural Resources Article, §5-209, Annotated Code of Maryland

.25 Use of Trails.

The Service may restrict the use of [bicycles, mountain bikes, and] animals on certain trails in a State park.

JOSH KURTZ

Secretary of Natural Resources

Subtitle 03 WILDLIFE

08.03.09 Wildlife Possession

Authority: Natural Resources Article, §§10-206 and 10-408, Annotated Code of Maryland

Notice of Proposed Action

[25-170-P]

The Secretary of Natural Resources proposes to amend Regulation .11 under COMAR 08.03.09 Wildlife Possession.

Statement of Purpose

The purpose of this action is to remove a sunset clause that would alter the date structure for when Deer Cooperator Permits can be used.

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 Brian Eyler, Wildlife and Heritage Service, Maryland Department of Natural Resources, 14038 Blairs Valley Road, Clear Springs, MD 21722, or call 301-842-0332, or email to [email protected]. Comments will be accepted through September 22, 2025. A public hearing has not been scheduled.

.11 Deer Cooperator License.

A.—P. (text unchanged)

[Q. The time of year requirements in §E(1) of this regulation shall sunset and have no further force and effect on January 1, 2025.]

JOSH KURTZ
Secretary of Natural Resources

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 15 STATE BOARD OF HEATING, VENTILATION, AIR CONDITIONING, AND REFRIGERATION CONTRACTORS

09.15.02 General Regulations

Authority: Business Regulation Article, §§ 9A-205(a)(1) and 9A-309(e), Annotated Code of Maryland

Notice of Proposed Action

[25-155-P]

The State Board of Heating, Ventilation, Air-conditioning, and Refrigeration Contractors proposes to amend Regulation .04 under COMAR 09.15.02 General Regulations. This action was considered at a public meeting of the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors held on July 9, 2025, notice of which was given by posting on the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors' website pursuant to General Provisions Article, §3-302(c)(3)(ii), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend the time within which an individual can apply to renew and expired license renewal after expiration pursuant to Maryland law passed during the 2025 legislative session.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Charles Marquette, Executive Director, Mechanical Boards, Maryland Department of Labor, 100 South Charles Street, Tower 1, Suite 3300, Baltimore, MD 21201, or call 410-230-6160, or email to [email protected]. Comments will be accepted through September 22, 2025. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Heating, Ventilation, Air-conditioning, and Refrigeration Contractors during a public meeting to be held on October 8, 2025 at 10:30 a.m., at 100 South Charles Street, Tower 1, Suite 3300, Baltimore, MD 21021.

.04 Restoration of Expired License.

A. The Board may restore the license of an individual who has failed to renew the license for any reason if the individual:

(1) Applies for restoration within [90 days] 4 years of expiration of the license;

(2)—(3)(text unchanged)

B. An individual who fails to seek the restoration of a license within [90 days] 4 years of expiration of the license shall:

(1)—(2) (text unchanged)

C. (text unchanged)

WINFIELD JONES
Chair, Board of HVACR Contractors

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.81 Increased Community Services (ICS) Program

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

Notice of Proposed Action

[25-165-P]

The Secretary of Health proposes to repeal existing Regulation .41 and adopt new Regulation .41 under COMAR 10.09.81 Increased Community Services (ICS) Program.

Statement of Purpose

The purpose of this action is to repeal and replace the existing regulation and to update the rates for services in the payment procedures regulation to reflect the rates for Fiscal Year 2025.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action updates reimbursement rates for existing Increased Community Services (ICS) covered under this chapter, including a 3 percent rate increase provided pursuant to the Fiscal Year 2025 budget. This represents an estimated $5,882.44 increase in total funds for this program (50 percent general funds $2,941.22; 50 percent federal funds $2,941.22).

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:
Maryland Department of Health	(E+)	$5,882.44
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
Maryland Medicaid ICS Providers	(+)	$5,882.44
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. (a) The current rates for waiver services, which are inclusive of all rate increases, statutory or otherwise, as of July 1, 2024.

(b) The Fiscal Year 2024 quarterly cost for these services was $1,427.78. The new quarterly cost will be $1,470.61. This reflects a quarterly total cost difference of $42.83.

(d) The total magnitude represents the cost of a three percent rate increase and is subject to a 50 percent federal match (50 percent general funds $2,941.22; 50 percent federal funds $2,941.22).

D. See A above.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or email to [email protected]. Comments will be accepted through September 22, 2025. A public hearing has not been scheduled.

.41 Payment Procedures—Rates.

A. To receive payment as a provider of services covered under Regulations .23, .24, and .33—.37 of this chapter, a provider shall submit claims in accordance with procedures outlined in the Department's billing manual.

B. Billing time limitations for the services covered under this chapter are set forth in COMAR 10.09.36.06.

C. Payments.

(1) Payments shall be made directly to a qualified provider.

(2) A provider shall be paid the lesser of:

(a) The provider's customary charge to the general public unless the service is free to individuals not covered by Medicaid; or

(b) The rates established in §D of this regulation.

D. Rates.

(1) For dates of service beginning July 1, 2024, fees per unit of service shall be as follows:

(a) Assisted Living Level II, No Medical Day Care—reimbursed at the maximum rate of $90.74 per day;

(b) Assisted Living Level III, No Medical Day Care—reimbursed at the maximum rate of $114.51 per day;

(c) Assisted Living Level II, Medical Day Care—reimbursed at the maximum rate of $68.09 per day;

(d) Assisted Living Level III, Medical Day Care—reimbursed at the maximum rate of $85.86 per day;

(e) Behavioral Consultation—reimbursed at the maximum rate of $99.25 per hour;

(f) Case Management—Administrative—reimbursed at the maximum rate of $93.06 per hour or $23.2645 per 15-minute unit;

(g) Case Management—Comprehensive—reimbursed at the maximum rate of $93.06 per hour or $23.2645 per 15-minute unit;

(h) Case Management—Ongoing—reimbursed at the maximum rate of $93.06 per hour or $23.2645 per 15-minute unit;

(i) Dietitian and Nutritionist Services—reimbursed at the maximum rate of $99.25 per hour;

(j) Family 1/1 Training—reimbursed at the maximum rate of $99.25 per hour;

(k) Medical Day Care Services—reimbursed at the maximum rate of $116.59 per day; and

(l) Senior Center Plus—reimbursed at the maximum rate of $72.19 per day.

(2) The ICS Program’s rates for covered services under Regulations .23, .24, and .33—.37 of this chapter shall be adjusted subject to the limitations of the State budget.

MEENA SESHAMANI, MD, PHD
Secretary of Health

Subtitle 44 BOARD OF DENTAL EXAMINERS

10.44.01 Dental Assistants

Authority: Health Occupations Article, [§4-205] §§4-205(a)(1)(iii), 4-301.1, 4-302.1, 4-304.1, 4-305.1, and 4-311.1, Annotated Code of Maryland

Notice of Proposed Action

[25-178-P]

The Secretary of Health proposes to repeal existing Regulations .01—.08 and adopt new Regulations .01—.30 under COMAR 10.44.01 Dental Assistants. This action was considered by the Board of Dental Examiners at a public meeting held on June 4, 2024, notice of which was given under the Notice of Public Meetings link on the Board’s website pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to establish a new regulatory scheme to recognize and certify general duties expanded function dental assistants and orthodontic expanded function dental assistants in accordance with House Bill 968, Health Occupations—Dental Assistants—Certification and Regulation, Chapter 364 (2022). The bill specifies the intraoral procedures that require certification, sets forth initial educational requirements, continuing education requirements, and sets forth requirements for certification renewal and reinstatement. These regulations also specify those intraoral procedures that do not require certification.

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

.01 Definitions.

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

B. Terms Defined.

(1) “Board” means the State Board of Dental Examiners.

(2) “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(3) “Dental assistant” means an individual, other than an individual licensed in the State as a dentist or a dental hygienist, who directly assists a dentist in the practice of dentistry.

(4) “Dental Assisting National Board (DANB)” means the national certification and credentialing agency for dental assistants that examines and certifies qualified individuals as orthodontic EFDAs and general duties EFDAs.

(5) “Direct supervision” means that the supervising dentist is in the dental office personally:

(a) Diagnoses the condition to be treated;

(b) Authorizes the procedure; and

(c) Evaluates the performance of the dental assistant, before the dismissal of the patient.

(6) “General duties EFDA” means an individual who is certified by the Board to perform the intraoral procedures of a general duties expanded function dental assistant as set forth in this chapter.

(7) “General supervision” means the supervision of a dental assistant by a dentist where the dentist may or may not be present in the dental office when the dental assistant performs the dental assisting procedures.

(8) “Level one dental assistant” means a dental assistant who may perform the duties of a level one dental assistant as provided in this chapter without being certified by the Board.

(9) “Orthodontic EFDA” means an individual who is certified by the Board to perform the intraoral procedures of an orthodontic expanded function dental assistant as set forth in this chapter.

.02 Classifications No Longer Recognized by the Board.

A. Dental Assistant Recognized as Qualified in Orthodontics.

(1) The Board no longer recognizes the classification “dental assistant recognized as qualified in orthodontics.”

(2) A dental assistant previously recognized by the Board as a “dental assistant recognized as qualified in orthodontics” shall obtain certification from the Board as an orthodontic EFDA before the dental assistant may perform any of the duties of an orthodontic EFDA as set forth in Regulation .24 of this chapter.

B. Dental Assistant Recognized as Qualified in General Duties.

(1) The Board no longer recognizes the classification “dental assistant recognized as qualified in general duties.”

(2) A dental assistant previously recognized by the Board as a “dental assistant recognized as qualified in general duties” may, under the direct supervision of a licensed dentist, perform the duties of a level one dental assistant as set forth in Regulation .03 of this chapter without obtaining certification from the Board.

.03 Level One Dental Assistants.

A. A Level one dental assistant shall be at least 18 years old.

B. Except as otherwise provided, a dentist may use the services of a level one dental assistant to perform the following intraoral procedures under the direct supervision of a licensed dentist without first receiving certification from the Board:

(1) Rinsing and aspiration of the oral cavity;

(2) Retraction of the lips, cheeks, tongue, and flaps;

(3) Placement and removal of the materials for the isolation of the dentition, provided that the material is not retained by the dentition;

(4) Instructing on oral hygiene;

(5) Taking alginate or digital impressions for study models or diagnostic casts;

(6) Constructing athletic mouthguards on models;

(7) Applying topical anesthetic;

(8) Light curing;

(9) Checking for loose bands;

(10) Assisting in performing intraoral photography, other than conventional or digital X-ray, under the general supervision of a licensed dentist who reviews the photography and authorizes the treatment plan;

(11) Placing and removing cotton rolls;

(12) Delivery of restorative material with dentist at chairside;

(13) Fluoride application — rinse or foam tray or fluoride varnish;

(14) Taking and recording vital signs, including blood pressure and pulse readings;

(15) Performing vitality tests;

(16) Taking alginate impressions for intraoral appliances;

(17) Taking digital and electronic impressions;

(18) Applying desensitizing agents;

(19) Placing or removing a rubber dam;

(20) Fabricating indirect restorations in a dental office;

(21) Placing or removing a matrix band;

(22) Drying a root canal;

(23) Preparing and fitting stainless steel crowns;

(24) Placing or removing a retraction cord;

(25) Fabricating temporary crowns;

(26) Cementing temporary crowns or restorations;

(27) Removing temporary crowns;

(28) Removing excess cement;

(29) Removing or replacing a periodontal dressing (except placing the original periodontal dressing);

(30) Removing sutures;

(31) Bite registration;

(32) Placing temporary restorations;

(33) Placing and removing wedges; and

(34) Fabricating on models:

(a) Athletic mouthguards;

(b) Bleaching trays;

(c) Fluoride trays;

(d) Impression trays; and

(e) Nightguards.

C. A level one dental assistant may perform duties in accordance with §B of this regulation if a licensed dentist:

(1) Provides the level one dental assistant with specific instructions to perform the intraoral procedure; and

(2) Except as otherwise provided, directly supervises the level one dental assistant performing the intraoral procedure.

D. A dentist who supervises a level one dental assistant shall ensure that the level one dental assistant is properly trained in:

(1) Infection control; and

(2) Cardiopulmonary resuscitation.

.04 Dental Assisting National Board.

The Board shall in consultation with DANB determine:

A. The subjects, scope, form, and passing score for EFDA examinations; and

B. The grading method.

.05 Qualifications for General Duties Expanded Function Dental Assistants.

A. To qualify for a Board certification to be a general duties EFDA, an applicant shall:

(1) Be of good moral character;

(2) Be at least 18 years old;

(3) Be a high school graduate or have attained a high school equivalency;

(4) Submit to a State criminal history records check;

(5) Have successfully completed a Board-approved course of at least 60 hours related to Maryland general duties EFDA which shall include at least 15 hours of in-person hands-on clinical training apart from the in-person hands-on clinical training required by Regulation .18A(2) of this chapter.

(6) Have the appropriate general duties EFDA certification from the Dental Assisting National Board;

(7) Submit proof of having passed the Maryland Jurisprudence Examination on Dental Assisting with a score of 75 or greater in each required section; and

(8) Maintain cardiopulmonary resuscitation certification from one of the following programs:

(a) The American Heart Association’s Basic Life Support for Healthcare Providers;

(b) The American Red Cross’s Cardiopulmonary Resuscitation for Professional Rescuers; or

(c) An equivalent program approved by the Board.

B. Criminal History Records Check.

(1) An applicant shall apply to the Central Repository for a State criminal history records check.

(2) An applicant shall submit to the Central Repository:

(a) Two complete sets of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; and

(b) The fee authorized under Criminal Procedure Article, §10-221(b)(7), Annotated Code of Maryland, for access to State criminal history records.

(3) In accordance with Criminal Procedure Article, §§10–201—10–229, Annotated Code of Maryland, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant.

(4) If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual a revised printed statement of the individual’s State criminal history record.

(5) Information obtained from the Central Repository under this section:

(a) Is confidential;

(b) May not be redisseminated; and

(c) May be used only for the licensing purpose authorized by this chapter.

(6) The applicant may contest the contents of the printed statement issued by the Central Repository in accordance with Criminal Procedure Article, §10–223, Annotated Code of Maryland.

(7) Subject to the notice and hearing provisions set forth in Health Occupations Article, §4-318, Annotated Code of Maryland, the Board may deny certification under this chapter if the applicant has been convicted of or has plead guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.

.06 Application for Board Certification—General Duties Expanded Function Dental Assistants.

A. To apply for a Board certification as a general duties EFDA, an applicant shall:

(1) Submit to the Board an application on the form provided by the Board;

(2) Submit a recent photograph of the applicant not to exceed 3 inches by 3 inches accompanied by a notarized statement attesting to the photograph’s authenticity;

(3) Pay the application fee set by the Board in COMAR 10.44.20;

(4) Provide evidence satisfactory to the Board that the applicant meets the qualifications for Board certification as a general duties EFDA as set forth in Regulation .05A of this chapter; and

(5) Provide any other pertinent documents or information requested by the Board.

B. The applicant shall include with the application proof of completion of a 60-hour Board-approved course of instruction in general duties EFDA in the form of a letter from one of the institutions referenced in Regulation .18C of this chapter indicating that the applicant has successfully completed the course.

C. The letter referenced in §B of this regulation shall:

(1) Be on the letterhead of one of the institutions referenced in Regulation .18C of this chapter;

(2) Contain a raised embossed school seal or institution seal; and

(3) Contain the original signature of either:

(a) The dean or principal of the school or program; or

(b) The head of the department.

D. The Board may issue a Board certification as a general duties EFDA after the Board’s review of:

(1) The applicant’s application;

(2) The applicant’s qualifications;

(3) The applicant’s criminal history records check; and

(4) Any other pertinent documents or information that may affect the applicant’s ability to safely provide dental assistant duties.

.07 Qualifications for Orthodontic Expanded Function Dental Assistants.

A. To qualify for a Board certification to be an orthodontic EFDA, an applicant shall:

(1) Be of good moral character;

(2) Be at least 18 years old;

(3) Be a high school graduate or have attained a high school equivalency;

(4) Submit to a State criminal history records check in accordance with §B of this regulation;

(5) Have successfully completed a Board-approved course of at least 35 hours related to Maryland orthodontic EFDA, of which at least 10 hours shall include in-person hands-on clinical training;

(6) Have the appropriate orthodontic EFDA certification from the Dental Assisting National Board;

(7) Submit proof of having passed the Maryland Jurisprudence Examination on Dental Assisting with a score of at least 75 or greater in each required section;

(8) Maintain cardiopulmonary resuscitation certification from one of the following programs:

(a) The American Heart Association’s Basic Life Support for Healthcare Providers;

(b) The American Red Cross’s Cardiopulmonary Resuscitation for Professional Rescuers; or

(c) An equivalent program approved by the Board.

B. Criminal History Records Check.

(1) An applicant shall apply to the Central Repository for a State criminal history records check.

(2) An applicant shall submit to the Central Repository:

(a) Two complete sets of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; and

(b) The fee authorized under Criminal Procedure Article, §10-221(b)(7), Annotated Code of Maryland, for access to State criminal history records.

(5) Information obtained from the Central Repository under this section:

(a) Is confidential;

(b) May not be redisseminated; and

(c) May be used only for the licensing purpose authorized by this chapter.

(6) The applicant may contest the contents of the printed statement issued by the Central Repository in accordance with Criminal Procedure Article, §10–223, Annotated Code of Maryland.

.08 Application for Board Certification for Orthodontic Expanded Function Dental Assistants.

A. To apply for a Board certification as an orthodontic EFDA, an applicant shall:

(1) Submit to the Board an application on the form provided by the Board;

(2) Submit a recent photograph of the applicant not to exceed 3 inches by 3 inches accompanied by a notarized statement attesting to the photograph’s authenticity;

(3) Pay the application fee set by the Board in COMAR 10.44.20;

(4) Provide evidence satisfactory to the Board that the applicant meets the qualifications for Board certification as an orthodontic EFDA as set forth in Regulation .07A of this chapter; and

(5) Provide any other pertinent documents or information requested by the Board.

B. The applicant shall include with the application proof of completion of a 35-hour Board-approved course of instruction in orthodontic EFDA in the form of a letter from one of the institutions referenced in Regulation .18E of this chapter indicating that the applicant has successfully completed the course.

C. The letter referenced in §B of this regulation shall:

(1) Be on the letterhead of one of the institutions referenced in Regulation .18E of this chapter;

(2) Contain a raised embossed school seal or institution seal; and

(3) Contain the original signature of either:

(a) The dean or principal of the school or program; or

(b) The head of the department.

D. The Board may issue a Board certification as an orthodontic EFDA after the Board’s review of:

(1) The applicant’s application;

(2) The applicant’s qualifications;

(3) The applicant’s criminal history records check; and

(4) Any other pertinent documents or information that may affect the applicant’s ability to safely provide dental assistant duties.

.09 Dental Assistants Previously Recognized as Qualified in Orthodontics.

A. Except as otherwise provided in this regulation, in order to perform the intraoral procedures of an orthodontic EFDA, a dental assistant recognized by the Board as qualified in orthodontics prior to the effective date of this chapter shall:

(1) Apply to the Board for certification as an orthodontic EFDA;

(2) Submit a recent photograph of the applicant not to exceed 3 inches by 3 inches accompanied by a notarized statement attesting to the photograph’s authenticity;

(3) Pay the appropriate fee; and

(4) Meet all of the qualifications of an orthodontic EFDA set forth in Regulation .07 of this chapter.

B. A dental assistant recognized by the Board as qualified in orthodontics prior to the effective date of this chapter is not required to take the Board-approved course or take the DANB orthodontic EFDA examination.

C. After initial orthodontic EFDA certification, a dental assistant recognized by the Board as qualified in orthodontics prior to the effective date of this chapter who becomes an orthodontic EFDA shall meet all of the requirements o renewal in accordance with Regulation .11 of this chapter.

D. Grace Period.

(1) A dental assistant recognized by the Board as qualified in orthodontics prior to the effective date of this chapter may lawfully perform the duties of an orthodontic EFDA for 6 months after the effective date of this chapter.

(2) A dental assistant recognized by the Board as qualified in orthodontics prior to the effective date of this chapter who has not become an orthodontic EFDA within 6 months of the effective date of this chapter may not perform the duties of either a dental assistant recognized as qualified in orthodontics or an orthodontic EFDA.

.10 Board Issuance of Expanded Function Dental Assistant Certificates.

A. The Board shall issue an appropriate certificate to an applicant who meets the requirements of Health Occupations Article, Title 4, Subtitle 3, Annotated Code of Maryland, this chapter, and any other applicable laws or regulations.

B. The Board shall include on each certificate that the Board issues:

(1) The designation of the certificate as either orthodontic expanded function or general duties expanded function dental assistant;

(2) The name of the certified individual;

(3) The date the certificate was issued;

(4) A serial number or certificate number;

(5) The signatures of the President and Secretary of the Board which may be electronic; and

(6) The seal of the Board.

.11 Term and Renewal of Expanded Function Dental Assistant Certificates.

A. Term of Certificate. A certification as an orthodontic EFDA or a general duties EFDA shall expire on October 31 of the second year following the effective date of the certificate unless it is renewed for an additional 2-year term in accordance with this regulation.

B. Renewal Notice. At least 1 month before a certificate expires, the Board shall send to the EFDA, by electronic means to the last known electronic address of the EFDA, a renewal notice that states:

(1) The date on which the current certificate expires;

(2) The date by which the application shall be received by the Board for the renewal to be issued and forwarded before expiration; and

(3) The amount of the renewal fee set by the Board in accordance with COMAR 10.44.20.

C. Renewal of Certificate. Before a certification as an orthodontic EFDA or a general duties EFDA expires, the individual may renew the certification for an additional 2 years if the individual:

(1) Applies for renewal of the certification on the form provided by the Board;

(2) Pays to the Board a renewal fee set by the Board in accordance with COMAR 10.44.20; and

(3) Successfully completes the required continuing education requirements set forth in Regulation .16 of this chapter.

.12 Renewal and Reinstatement of Expired Certificates.

A. Renewal of Expired Certificates Held for 30 Days or Less.

(1) After the expiration date of a certificate to practice EFDA in the State, the certificate holder may renew the certificate within 30 days of its expiration if the certificate holder:

(a) Is otherwise entitled to be issued a certificate;

(b) Submits to the Board a completed renewal application on the form provided by the Board; and

(c) Pays the Board the renewal fee and late fee in accordance with COMAR 10.44.20.

(2) An individual who uses continuing education credits to renew their certificate after the expiration date of their certificate may not use the same continuing education credits for the renewal period succeeding the renewal period in which the continuing education credits were used.

B. Reinstatement of Expired Certificates.

(1) An individual holding an expired orthodontic EFDA certificate or an individual holding an expired general duties EFDA certificate may apply for reinstatement if the individual:

(a) Has held an expired orthodontic EFDA certificate or an expired general duties EFDA certificate for more than 30 days and less than 3 years;

(b) Is otherwise entitled to be reinstated;

(c) Completes the reinstatement application on the form provided by the Board;

(d) Provides proof of completion of 15 hours of dental assisting continuing education from Board-approved courses of which 3 hours shall be in infection control as provided in Regulation .16 of this chapter; and

(e) Pays to the Board a certification reinstatement fee set in COMAR 10.44.20.

C. Certificates Expired for 3 or More Years.

(1) An individual holding an expired orthodontic EFDA certificate or an expired general duties EFDA certificate which has been expired for 3 years or more may not apply for reinstatement.

(2) An individual holding an expired orthodontic EFDA certificate or an expired general duties EFDA certificate which has been expired for 3 years or more shall meet the qualifications for initial certification set forth in either Regulation .07 of this chapter for orthodontic EFDAs , or Regulation .05 of this chapter for general duties EFDAs.

.13 Lost or Destroyed Certificates.

The Board shall issue a certificate to replace a lost or destroyed certificate if the EFDA pays the fee set by the Board in accordance with COMAR 10.44.20 that approximates the actual cost of replacing the certificate.

.14 Display of Regulations and Certificates.

A. Regulations. The supervising dentist in charge of a dental office where an orthodontic EFDA or a general duties EFDA performs intraoral procedures shall display a copy of this chapter in a conspicuous place in the office for the information of office personnel.

B. Certificates. The supervising dentist in charge of a dental office where one or more orthodontic EFDAs or one or more general duties EFDAs perform intraoral duties shall display the certificates and any current renewal certificates conspicuously in the office where the holders are engaged in practice.

.15 Retention of Certification and Qualification Documents.

A. An individual certified as either an orthodontic EFDA or a general duties EFDA shall keep their original Board certification and their original current renewal document in the office where the dental assistant is employed for the greatest number of hours.

B. An individual certified as either an orthodontic EFDA or a general duties EFDA who works in more than one dental office shall keep a copy of their original Board certification and a copy of their current renewal document in all other offices in which the dental assistant is employed.

.16 Continuing Education.

A. In addition to the requirements set forth in Regulation .11 of this chapter, an orthodontic EFDA or a general duties EFDA seeking certification renewal shall, at minimum, complete:

(1) 15 hours of Board-approved continuing education specifically designed to enhance their clinical knowledge and ability to perform their duties; and

(2) A 3-hour Board-approved course on infection control which shall count toward the required 15 hours of continuing education.

B. A clock hour constitutes 1 hour of continuing education.

C. Certificate holders shall have a 2-year period to complete the required continuing education in the 2-year period preceding the expiration date of the immediately preceding certificate.

.17 Continuing Education Certificates of Completion.

A. A Board-approved continuing education sponsor shall, at a minimum, issue a hard copy of a Continuing Education Certificate of Completion to an EFDA who successfully completes a Board-approved continuing education course.

B. The Certificate of Completion set forth in §A of this regulation shall contain at least the following:

(1) The exact name of the course sponsor as approved by the Board;

(2) The full business address of the course sponsor;

(3) The exact name of the course as approved by the Board;

(4) An indication whether the course was taught in person or electronically;

(5) The full name of the student recipient;

(6) The number of credit hours obtained;

(7) The name of the course instructors;

(8) The signature of the course instructors which may be electronic; and

(9) The Board’s course approval number.

.18 Requirements for Board-Approved Courses.

A. General Duties EFDA. The course identified in Regulation .05A(5) of this chapter shall include at a minimum, the following:

(1) 6 hours of instruction on nitrous oxide monitoring;

(2) 2 hours of in-person hands-on clinical training, including the direct observation of the performance of procedures; and

(3) 4 hours of didactic training, including at least the following subjects:

(a) The history, philosophy, and psychology of nitrous oxide minimal sedation;

(b) The definition and descriptions of the physiological and psychological aspects of pain and anxiety;

(c) Concepts and management of pain and anxiety;

(d) Indications and contraindications for nitrous oxide sedation;

(e) Anatomy and physiology of pediatric and adult respiration;

(f) Medical assessment of a patient before nitrous oxide administration by a dentist or a dental hygienist;

(g) Moderate sedation, deep sedation, and general anesthesia versus nitrous oxide;

(h) Pharmacological and physiological effects of nitrous oxide, including drug interactions;

(i) A description of the stages of drug induced central nervous system depression through all levels of consciousness and unconsciousness with emphasis on the distinction between the conscious and unconscious state;

(j) Monitoring of a patient to whom nitrous oxide has been administered, including the monitoring of a patient’s vital functions;

(k) Recognition and management of complications and medical emergencies;

(l) Occupational exposure; and

(m) Preventing, recognizing, and managing possible complications of inhalation sedation.

B. The course identified in Regulation .05A(5) shall adequately prepare the student to competently and safely perform each of the intraoral procedures that a general duties EFDA may perform under Regulation .22 of this chapter.

C. The course identified in Regulation .05A(5) of this chapter shall be part of:

(1) A U.S. Department of Labor Jobs Corps dental assisting program;

(2) A dental assisting program located within an institution of postsecondary education that is accredited by an accrediting institution recognized by the U.S. Department of Education;

(3) A dental assisting program that is located within a high school and is recognized by an accrediting body recognized by the U.S. Department of Education or the high school accrediting body of a state, or

(4) A dental assisting program that is accredited by the Council on Dental Accreditation, or a successor organization.

D. Orthodontic EFDA. The course identified in Regulation .07A(5) of this chapter shall adequately prepare the student to competently and safely perform each of the orthodontic procedures that an orthodontic EFDA may perform under Regulation .24 of this chapter.

E. The course identified in Regulation .07A(5) of this chapter shall be part of:

(1) A U.S. Department of Labor Job Corps dental assisting program;

(2) A dental Assisting Program located within an institution of postsecondary education that is accredited by an accrediting institution recognized by the U.S. Department of Education;

(4) A dental assisting program that is accredited by the Council on Dental Accreditation, or a successor organization.

.19 Requirements for Instructors of Expanded Function Dental Assistant and Courses.

A. Any instructor of either an orthodontic EFDA course or a general duties EFDA course shall:

(1) Be qualified by education and experience to provide instruction in the subject matter; and

(2) Provide instruction in a competent manner.

B. Encumbered License.

(1) To the extent that an instructor is a licensed dentist or a licensed dental hygienist, the instructor may not have an encumbered license in any state.

(2) For the purposes of the regulation, an encumbered license does not include a reprimand issued more than 5 years prior to the date of instructing a Board-approved course.

.20 Assessment of Board-Approved Courses.

A. At least once every calendar year, each Board-approved orthodontic EFDA course and each Board-approved general duties EFDA course shall be assessed by a dentist licensed in the State other than the dentist who is the instructor.

B. The results of the assessment shall be entered on the form provided by the Board and maintained in accordance with §D of this regulation by the dentist performing the assessment and the entity presenting the course.

C. Course Deficiencies. If an assessment indicates that there are course deficiencies, the entity presenting the course shall:

(1) Immediately correct the deficiencies;

(2) Provide the Board in writing within 5 business days:

(a) Notice of the deficiencies;

(b) A copy of the assessment; and

(c) Any corrective measures taken.

D. All assessments shall be maintained by the dentist conducting the assessment and the entity presenting the course for at least 5 years and be made available to the Board upon written request within 5 working days of the request.

.21 Rescission of Course Approval.

A. The Board may rescind approval of a previously approved orthodontic EFDA course or a general duties EFDA course if the Board determines that the course:

(1) Does not meet the requirements of this chapter;

(2) Does not meet its stated objectives; or

(3) The sponsor has committed fraud or made other misrepresentations to the Board.

B. On its own initiative or on a written complaint filed with the Board by any person, the Board may conduct an investigation of the:

(1) Sponsor of the course;

(2) Course site; or

(3) Instructors of the course.

.22 Procedures Permitted to be Performed by General Duties EFDAs.

A. Except for an individual licensed as a dentist or a dental hygienist under Health Occupations Article, Title 4, Annotated Code of Maryland, an individual shall be expressly certified by the State Board of Dental Examiners as a general duties EFDA before the individual may perform any of the following intraoral procedures:

(1) Placing dental sealants;

(2) Coronal polishing only to remove stain or biofilm, in connection with a dental prophylaxis:

(a) As determined necessary and appropriate, secondary to the more complex dental procedures of a dental prophylaxis, such as removal of hard and soft deposits and stain of the tooth crown, root surfaces, and periodontal pockets; and

(b) If applicable, in consultation with the treating dental hygienist or before a dentist performs an esthetic or cementation procedure;

(3) Applying silver diamine fluoride;

(4) Monitoring nitrous oxide by observing a patient;

(a) During the flow of nitrous oxide;

(b) During the reduction of the flow of nitrous oxide;

(c) During the shutting off of equipment controlling the flow of nitrous oxide; and

(d) At all times in between the start of the flow of nitrous oxide until the nitrous oxide has been terminated and the patient has fully awoken and is coherent;

(5) Acid etching; and

(6) Applying bonding agents.

B. In addition to the intraoral procedures set forth in §A of this regulation, a general duties EFDA may perform the intraoral procedures of level one dental assistant set forth in Regulation .03B of this chapter if performed in accordance with the requirements of Regulation .03C of this chapter.

.23 Monitoring Nitrous Oxide—Standards of Practice for General Duties EFDAs.

A. A general duties EFDA who monitors a patient to whom nitrous oxide has been administered may not:

(1) Increase the nitrous oxide levels;

(2) Monitor more than one patient at a time;

(3) Treat any other patient during the course of the monitoring; or

(4) Leave the operatory during the monitoring except in emergency circumstances.

B. A dentist who orders a general duties EFDA to monitor a patient to whom nitrous oxide has been administered shall:

(1) Have a written emergency plan;

(2) Remain in the dental office and in close proximity to be summoned in the event of an emergency; and

(3) Discharge the patient.

.24 Procedures Permitted to be Performed by Orthodontic EFDAs.

A. Except for an individual licensed as a dentist or a dental hygienist under Health Occupations Article, Title 4, Annotated Code of Maryland, an individual shall be expressly certified by the State Board of Dental Examiners as an orthodontic EFDA before the individual may perform any of the following intraoral procedures:

(1) Preparing and fitting orthodontic bands;

(2) Placing and removing arch wires;

(3) Cementing of orthodontic bands, placement of bonded attachments, or removal of cemented or bonded orthodontic bands and attachments;

(4) Placing elastics and ligatures;

(5) Selecting headgear;

(6) Acid etching; and

(7) Applying bonding agents.

B. In addition to the intraoral procedures set forth in §A of this regulation, an orthodontic EFDA may perform the intraoral procedures of a level one dental assistant set forth in Regulation .03B of this chapter if performed in accordance with the requirements of Regulation .03C of this chapter.

.25 Radiographs.

A dentist may not permit a dental assistant to place and expose radiographs unless the individual is certified to practice dental radiation technology in accordance with COMAR 10.44.19.

.26 Simultaneous Certification.

An individual may be simultaneously certified as an orthodontic EFDA, a general duties EFDA, a dental radiation technologist, or any combination thereof.

.27 Dental Sealant Program Exception — General Supervision.

A. This regulation applies only to the dental assistant dental sealant program described in §C of this regulation.

B. Notwithstanding any other provision of this chapter, a level one dental assistant may provide the following dental assisting duties under the general supervision of a dentist for a dental sealant program:

(1) Instructing on oral hygiene;

(2) Cleaning and disinfecting environmental surfaces and equipment;

(3) Preparing materials for the application of sealants;

(4) Retracting lips, cheek, and tongue;

(5) Placing and removing materials for the isolation of the dentition, if the material is not retained by the dentition;

(6) Transferring instruments and sealants to a dentist or dental hygienist;

(7) Rinsing and aspirating of the oral cavity; and

(8) Sterilizing instruments.

C. Under the general supervision of a dentist, a level one dental assistant may only perform the duties enumerated in §B of this regulation:

(1) For a facility that has been granted a waiver of on-site supervision for a dental hygienist under COMAR 10.44.21; and

(2) While assisting a dental hygienist who has received a waiver of on-site supervision under COMAR 10.44.21.

D. A dental assistant performing dental assistant duties under this regulation may not place dental sealants.

E. A level one dental assistant who provides dental assistant duties under this regulation shall maintain cardiopulmonary resuscitation certification from one of the following programs:

(1) The American Heart Association's Basic Life Support for Healthcare Providers;

(2) The American Red Cross's Cardiopulmonary Resuscitation for Professional Rescuers; or

(3) An equivalent program approved by the Board.

F. A level one dental assistant who provides dental assistant duties under this regulation shall have at least 400 hours of dental assisting clinical practice in direct patient care.

G. An orthodontic EFDA who provides dental assistant duties under this regulation shall successfully complete a Board-approved course of at least 3 hours in infection control every renewal cycle.

H. A level one dental assistant who provides dental assistant duties under this regulation shall successfully complete a Board-approved course with at least 3 hours in infection control before providing dental assistant duties under this regulation, and within every 2 calendar years thereafter.

I. A facility that uses a level one dental assistant to provide dental assistant duties under this regulation shall ensure that there is a written agreement between the supervising dentist and the dental assistant practicing under general supervision that clearly sets forth the terms and conditions under which the dental assistant may practice, including a statement that the dental assistant may provide dental assistant duties without the supervising dentist on the premises.

J. Each facility that uses the services of a level one dental assistant to provide dental assistant duties under this regulation shall maintain for 5 years for inspection by the Board:

(1) The name of the dentist providing general supervision to the dental assistant;

(2) The name and current address of the dental assistant;

(3) The name and address of each institution where the dental assistant provided dental assistant duties; and

(4) Any dates in which the dental assistant provided dental assistant duties.

K. This regulation does not affect the duties a level one dental assistant may lawfully perform under the direct supervision of a dentist under this chapter.

L. A violation of this regulation may result in:

(1) Revocation of the facility's right to operate under a waiver of on-site supervision for dental hygienists; or

(2) Revocation of the facility's right to utilize the services of a dental assistant under this regulation.

M. Penalties.

(1) For violations of this regulation, a dentist and a dental hygienist is subject to the penalties set forth in Regulation .29 of this chapter.

(2) A dentist or a dental hygienist who uses the services of a dental assistant who is not qualified or for purposes other than what are permitted under this regulation may be found guilty of:

(a) Unprofessional conduct in accordance with Health Occupations Article, §4-315, Annotated Code of Maryland; or

(b) Violating any rule or regulation adopted by the Board in accordance with Health Occupations Article, §4-315, Annotated Code of Maryland.

.28 Expanded Function Dental Assistant Practicing After Certificate Has Expired.

A supervising dentist who allows an EFDA to practice EFDA duties after their certificate has expired may be found guilty of unprofessional conduct under Health Occupations Article, §4-315(a)(16), Annotated Code of Maryland.

.29 Violations.

A dentist who uses the services of a dental assistant who is not qualified or for purposes other than what is permitted may be found guilty of:

A. Unprofessional conduct in accordance with Health Occupations Article, §4-315(a)(16), Annotated Code of Maryland;

B. Violating any rule or regulation adopted by the Board in accordance with Health Occupations Article, §4-315(a)(20), Annotated Code of Maryland;

C. Allowing a dental assistant to assist in the practice of dentistry in violation of Health Occupations Article, §4-315(a)(38), Annotated Code of Maryland;

D. Violating COMAR 10.44.23; or

E. Violating any other applicable law or regulation.

.30 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

MEENA SESHAMANI, M.D., Ph.D.

Secretary of Health

Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 04 POLICE TRAINING AND STANDARDS COMMISSION

12.04.01 General Regulations

Authority: Public Safety Article, §§3-207 and 3-208, Annotated Code of Maryland

Notice of Proposed Action

[25-137-P]

The Maryland Police Training and Standards Commission proposes to amend Regulation .10 under COMAR 12.04.01 General Regulations. This action was considered at an open meeting held by the Commission on July 9, 2025.

Statement of Purpose

The purpose of this action is to amend and correct a technical error. This action will correct an incorrect reference in Regulation .10D(3) of this chapter to Regulation .14E(7), also of this chapter. In July of 2023 several edits were made to COMAR 12.04.01.09 and .14 that affected the regulatory numbering. The renumbering impacted the regulation reference in Regulation .10D(3) which should now read as Regulation .14E(8), instead of .14E(7).

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 Wayne Silver, Executive Director, Maryland Police Training and Standards Commission, 6852 4th Street, Sykesville, MD 21784, or call 410-875-3601, or email to [email protected]. Comments will be accepted through September 22, 2025. A public hearing has not been scheduled.

.10 Commission Requirements for an Academy or School Providing Commission-Required Police Officer Training.

A.―C. (text unchanged)

D. Academy Certification―Classifications.

(1)—(2) (text unchanged)

(3) An academy certified by the Commission as a class II academy may provide only specified portions of Commission-approved police officer entrance-level training required under Regulation [.14E(7)] .14E(8) of this chapter.

(4)―(5) (text unchanged)

E.―H. (text unchanged)

COLONEL ROLAND BUTLER

Chairman

Title 13A
STATE BOARD OF EDUCATION

Subtitle 01 STATE SCHOOL ADMINISTRATION

13A.01.05 Appeals to the State Board of Education

Authority: Education Article, §§2-205, 4-205, 6-202, and 7-305; State Government Article, §§10-122 and 10-201 et seq.; Annotated Code of Maryland

Notice of Proposed Action

[25-162-P]

The State Board of Education proposes to amend Regulation .12 under COMAR 13A.01.05 Appeals to the State Board of Education. This action was considered by the State Board at its meeting on June 24, 2025.

Statement of Purpose

The purpose of this action is to add a process for request of interim relief during the period in between an individual’s submission of a request for the State Board to issue charges for removal of a local member of a board of education and when the State Board issues a final decision on the removal request.

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 Hannah Oakley, Deputy Director, State Board of Education, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 443-386-7990, or email to [email protected]. Comments will be accepted through September 22, 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 November 4, 2025 at 9:00 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.12 Procedures Applicable to Requests to Remove a Local Board Member.

A.—G. (text unchanged)

H. Interim Relief.

(1) A party who has filed a request for removal may bring a separate motion to the State Board for interim relief on the grounds that the continued service of the local board member is likely to result in substantial harm to the:

(a) Operations of the local school system;

(b) Safety or well-being of students or staff; or

(c) Integrity of local board governance.

(2) The motion shall include:

(a) A summary of the factual record to date;

(b) A statement describing the harm alleged and the urgency of the relief;

(c) A request for specific limitations on the local board member’s participation in local board activities up to and including suspension of service pending the State Board’s decision on removal; and

(d) A signed statement that includes the following language: “I solemnly affirm under the penalties of perjury that the contents of the foregoing are true to the best of my knowledge, information, and belief.”

(3) Within 5 days of receipt of the motion, the State Board President or designee shall:

(a) Provide a copy of the motion to the local board member; and

(b) Review the motion; and

(i) Dismiss a motion that is not factually or legally sufficient, or otherwise fails to meet the requirements of this regulation; or

(b) Transmit the motion to the Office of Administrative Hearings.

(4) Within 5 days of receipt of the transmittal, the Office of Administrative Hearings shall:

(a) Schedule a hearing on the motion to occur within 20 days of the motion being filed; and

(b) Provide the local board member with an opportunity to respond in writing prior to the hearing.

(5) Within 5 days of the hearing, the administrative law judge shall issue final findings of fact and conclusions of law on whether interim relief is warranted, applying a balancing test that considers:

(a) Whether the harm that would result without interim relief is irreparable; and

(b) The public interest served by granting interim relief.

(6) The issuance of interim relief shall:

(a) Remain in effect until the State Board issues a final decision on the removal request;

(b) Not affect any compensation for which the local board member is eligible; and

(c) Not be construed as a determination on the merits of the removal request.

[H.] I.—[K.] L. (text unchanged)

CAREY M. WRIGHT, ED.D.
State Superintendent of Schools

Subtitle 05 SPECIAL INSTRUCTIONAL PROGRAMS

13A.05.04 Programs for Library Media Services

Authority: Education Article, §2-205 and §4-142, Annotated Code of Maryland

Notice of Proposed Action

[25-168-P]

The State Board of Education proposes to repeal existing Regulation .01 and adopt new Regulations .01—.03 under COMAR 13A.05.04 Programs for Library Media Services. This action was considered by the State Board of Education at its June 24, 2025 meeting.

Statement of Purpose

The purpose of this action is to align regulations with the requirements in the Freedom to Read Act and provide clarity to ensure consistency across the local school systems.

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 Kimberly Cowles, Education Program Specialist, School Library Media, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call (410) 767-0315, or email to [email protected]. Comments will be accepted through September 22, 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 November 4, 2025 at 9:00 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.01 Definitions.

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

B. Terms Defined.

(1) Digital Citizenship.

(a) “Digital citizenship” means a set of norms that define how to use technology responsibly and appropriately.

(b) The norms include digital access, etiquette, law, communication, digital literacy, commerce, safety, security, health, wellness, digital rights, and digital responsibilities.

(2) Digital Literacy.

(a) “Digital literacy” means the knowledge and skills that enable individuals to effectively utilize digital, information, and communication technologies to locate, evaluate, synthesize, create, and communicate information.

(b) “Digital literacy” requires both cognitive and technical competencies, as well as an understanding of the human and technological complexities within the digital media landscape.

(3) Information Literacy.

(a) “Information literacy” means the knowledge and skills that enable individuals to recognize when information is needed and to effectively locate, evaluate, organize, use, and communicate that information.

(b) “Information literacy” is critical in situations that involve decision making, problem solving, or knowledge acquisition, requiring the ability to navigate and utilize information in a variety of formats.

(4) Media Literacy.

(a) “Media literacy” means the knowledge and skills that enable individuals to interpret and produce media content by encoding and decoding symbols transmitted through various media, while also critically analyzing, synthesizing, and creating mediated messages.

(b) “Media literacy” includes all forms of electronic, digital, print, and artistic visuals used to convey messages.

.02 Public School Library Programs.

A. Each local school system shall establish in each school a unified school library media program for the use of all students which shall include, but not be limited to:

(1) An organized and centrally managed collection of instructional materials and technologies;

(2) Instruction emphasizing digital, media, and information literacy integrated into all content areas;

(3) Appropriate materials and technologies to support the instructional programs of the local school system; and

(4) A certified school library media specialist.

B. The school library media program shall be integrated with the local school system’s instructional programs by having certified library media personnel:

(1) Participate in the development and implementation of all educational programs;

(2) Participate in the selection of school library media materials; and

(3) Instruct students, in cooperation with other teachers, in information literacy skills, which have been integrated into other areas of the curriculum.

C. Each local school system shall develop and implement a plan for its school library media program which shall include the following goals and subgoals to:

(1) Provide direct instruction to help students become digital, media, and information literate through the achievement of the following learner outcomes:

(a) Locating and using information resources including digital technologies;

(b) Reviewing, evaluating, and selecting materials and digital tools for an identified information need;

(c) Learning and applying reading, research, and critical thinking skills to organize information;

(d) Comprehending content in various types of media;

(e) Retrieving and managing information;

(f) Demonstrating an appreciation of literature and other creative expressions as sources of information and recreation;

(g) Creating materials with digital tools and formats; and

(h) Applying ethical behavior to the use of information through digital citizenship instruction;

(2) Support instruction by:

(a) Collaborating with school and system level staff as well as with other individuals and organizations;

(b) Including school library personnel in curriculum development implementation and evaluation at each grade level;

(c) Providing resources to support instruction; and

(d) Providing professional development services which include but are not limited to:

(i) Copyright;

(ii) Privacy;

(iii) Accessibility;

(iv) Instructional technology and digital learning; and

(v) Digital citizenship;

(3) Provide services which include but are not limited to:

(a) Evaluating and selecting instructional materials and technologies in accordance with local board of education policies;

(b) Implementing procedures for the acquisition, organization, circulation, and removal of instructional materials and technologies in accordance with Education Article, §4-142, Annotated Code of Maryland;

(c) Providing reference and information assistance for specific requests;

(d) Promoting instructional materials, technologies, and services that address the interest, information, and instructional support of students, staff, parents, and the community; and

(e) Providing access to people and information outside of the school community;

(4) Provide personnel who include:

(a) Certified school library media personnel at each school with additional technical or clerical assistance at the school building level to organize and operate a school library media program; and

(b) A certified library media administrator and technical and clerical assistance to support and coordinate the school library media program;

(5) Make accessible a comprehensive and organized collection of selected instructional materials and technologies according to policies established by local boards of education; and

(6) Provide an adequate physical facility which is accessible and conducive to learning.

D. Beginning October 1, 2025, each local school system shall have school library media program implementation documents which are reviewed and approved by local boards of education every 2 years. These documents shall include:

(1) Selection policies and procedures consistent with §B(2) of this regulation;

(2) Objection policies and procedures consistent with §E of this regulation;

(3) Curriculum and instruction documents for teaching digital and information literacy skills including reading, research, and critical thinking skills which:

(a) Align with the Maryland Standards for School Library Media;

(b) Align with the Maryland Digital Learning Standards for Students;

(c) Integrate with content curriculum;

(d) Include a scope and sequence of skills and objectives; and

(e) Include the use of technology; and

(4) Handbooks or manuals of operational procedures which include but are not limited to:

(a) Circulation policies and procedures;

(b) Budgeting and purchasing policies and procedures;

(c) Selection policies;

(d) Policies and procedures for the evaluation and removal of obsolete or damaged books;

(e) Inventory policies and procedures; and

(f) Policies and procedures for end-of-year reports.

E. Objection Policies and Procedures.

(1) Objection Review Committee.

(a) Each local school system shall establish a committee to review objections to materials in a school library media program.

(b) The committee must include at least one certified school library media specialist or certified school library media administrator.

(2) Each local school system shall establish a uniform process to submit an objection to materials in a school library media program by a student, parent or guardian of a student enrolled in a school in the local school system, or school personnel.

(3) The process shall include:

(a) The standards or criteria used to review materials;

(b) A reasonable timeline to conduct and conclude the review process;

(c) A requirement that final review decisions and the basis for those decisions be documented in writing; and

(d) An explanation of the appeal process.

(4) The approved policy and procedures will be posted on the website of the local school system.

(5) The approved policy and procedures shall align with the following standards:

(a) The materials, services, and resources provided in a school library media program are provided for the interest, information, and instructional support of students and school personnel of the schools the program serves;

(b) Materials may not be excluded from a school library media program solely because of the origin, background, or views of the individual who created the material; and

(c) Materials may not be excluded or removed from the catalogue of a school library media program because of partisan, ideological, or religious disapproval.

(6) Materials under review due to an objection shall remain available for use by students and school personnel until the review process has concluded.

(7) A county board may not dismiss, demote, suspend, discipline, reassign, transfer, or otherwise retaliate against a librarian, certified library media specialist, or school library media program support staff for performing their job duties consistent with the standards in §F(4) of this regulation.

.03 Public School Library Program Reporting and Monitoring.

A. Each local school system superintendent shall certify to the State Superintendent that the elementary and secondary school library media programs meet or are working towards meeting the requirements set forth in these regulations, according to the periodic review schedule established by the State Department of Education, including but not limited to:

(1) Annual submission of the Maryland Annual School Library Survey by May 31; and

(2) The biannual submission of the school library media program implementation documents referenced in Regulation .02E of this chapter.

B. The State Department of Education shall implement a procedure for conducting periodic reviews of local school system school library media programs in order to identify program and professional development needs that exist in library media programs. The Department shall submit a copy of the results of its periodic review to the appropriate local school system superintendent.

CAREY M. WRIGHT, ED.D.
State Superintendent of Schools

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-R-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. Because substantive changes have been made to the original proposal as published in 52:8 Md.R. 372—376 (April 18, 2025), this action is being reproposed at this time. This action was considered by the State Board of Education at its June 24, 2025 meeting.

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. The re-proposed amendments clarify and build upon proposed regulations published in Volume 52, Issue 8 of the Maryland Register on April 18, 2025 based on certain public comments received.

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 [email protected]. Comments will be accepted through September 22, 2025. A public hearing has not been scheduled.

Ed. Note: Pursuant to State Government Article, §10-113, Annotated Code of Maryland, if a promulgating agency substantively alters the text of regulations that have been previously proposed in the Maryland Register, the altered text must be published in the Maryland Register as though it were initially proposed. The text of regulations appearing immediately below has been altered substantively from the initially proposed text.

Symbols: Roman type indicates existing text of regulations. Italic type indicates initially proposed new text. Arial Bold Italic type indicates new text that substantively alters the text as initially proposed. [Single brackets] indicate existing text proposed for repeal. [[[Triple brackets]]] indicate text proposed for deletion which substantively alters the originally proposed text.

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, 201); 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); . 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. (originally proposed text unchanged)

.02 Incorporation by Reference. (originally proposed text unchanged)

.03 Definitions. (originally proposed text unchanged)

.04 Programmatic Requirements. (originally proposed text unchanged)

.05 Mentoring Component of the Comprehensive Induction Program.

A.—E. (originally proposed text unchanged)

F. To the extent practicable given staffing and fiscal concerns, each new teacher shall receive at least [[[180]]] 400 minutes of mentoring per [[[month]]] marking period.

(1) A local school system and new teacher may mutually agree to a reduction in mentoring minutes per marking period if the new teacher achieves a rating of effective, or comparable, on a year-end evaluation.

(2) The reduction of mentoring minutes per marking period shall not be less than:

(a) 300 minutes per marking period in year two of induction; and

(b) 200 minutes per marking period in year three of induction.

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)]]] (1) Assurance that the mentor holds:

(a)—(b) (originally proposed text unchanged)

[[[(3)]]] (2) A recommendation from a school or district leader who previously or currently supervises the individual and can attest to their readiness for the mentor role; and

[[[(4)]]] (3) 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, with the prioritization of the licensure area when possible; and

(2) (originally proposed text unchanged)

I.—J. (originally proposed text unchanged)

.06 Evaluation of the Comprehensive Induction Program. (originally proposed text unchanged)

.07 Compliance and Reporting.

A.—B. (originally proposed text unchanged)

C. Local school systems shall provide a report to the Department beginning July 1, 2029, and every three years thereafter, that includes:

(1) Mentee and mentor data, including:

(a)—(d) (originally proposed text unchanged)

(e) The number of teachers who did not receive [[[at least 180 minutes of]]] the minimum number of mentoring minutes per [[[month]]] marking period 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]]] .06 of this chapter.

CAREY M. WRIGHT, Ed.D.

State Superintendent of Schools

Title 14
INDEPENDENT AGENCIES

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

Notice of Proposed Action

[25-171-P]

The Maryland State Commission on Criminal Sentencing Policy proposes to amend:

(1) Regulation .12 under COMAR 14.22.01 General Regulations; and

(2) Regulation .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories.

Statement of Purpose

The purpose of this action is to modify Regulation .12 under COMAR 14.22.01 General Regulations to in response to Senate Bill 152/House Bill 89 (2025), which provides that each animal harmed in violation of Criminal Law Article, Title 10, Subtitle 6, Annotated Code of Maryland, shall be considered a victim for the purposes of applying the multiple victims stacking rule (MVSR). The MVSR specifies that when there is a criminal event with multiple victims and not more than one seriousness category I or II offense, the person completing the sentencing guidelines worksheet shall add the highest of the upper limits of the guidelines ranges for each victim to find the correct overall range for the criminal event.

Additionally, the purpose of this action is to modify Regulation.02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories to reflect (1) new and revised penalties from the 2025 Legislative Session and (2) minor edits to the table, including the addition of new CJIS Codes for several existing offenses.

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 David Soule, Executive Director, Maryland State Commission on Criminal Sentencing Policy, 4511 Knox Rd, Suite 309 College Park, MD 20740, or call 301-403-4165, or email to [email protected]. Comments will be accepted through September 22, 2025. A public hearing has not been scheduled.

14.22.01 General Regulations

Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland

.12 Multiple Offense Scoring.

A. Single Criminal Event, Not More Than One Seriousness Category I or II Offense.

(1) (text unchanged)

(2) The individual completing the worksheet shall determine the overall guideline range by:

(a) (text unchanged)

(b) Identifying the greater of:

(i) (text unchanged)

(ii) If there are separate offenses involving different victims, adding or “stacking” the highest of the upper guidelines limit for each offense with a unique victim. Only one offense per distinct victim may be used to calculate the overall guidelines range. [Animals may not] Pursuant to Criminal Law Article, §10-627, Annotated Code of Maryland, each animal harmed in violation of Criminal Law Article, Title 10, Subtitle 6, Annotated Code of Maryland, shall be considered [victims] a victim for the purposes of applying the multiple victims stacking rule; or

(iii) (text unchanged)

B.—D. (text unchanged)

14.22.02 Criminal Offenses and Seriousness Categories

Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland

.02 Seriousness Categories.

	Offense Literal	CJIS Code	Source	Felony or Misd.	Max Term	Min Term	Offense Type	Ser. Category	Fine
1—9-4 (text unchanged)
9-5	*Animals, Crimes Against* Abuse or neglect of an animal that results in the death of or need to euthanize a domestic animal or livestock	1-0316	CR, §10-604.1	Misd.	1Y		Property	VII	$5,000
[9-5]9-6 (text unchanged)
10—14 (text unchanged)
14-1	*Arson and Burning* Malicious or fraudulent burning resulting in the death of or serious physical injury to a firefighter	1-2227	CR, §6-112	Felony	10Y		Person	IV
15—25-1 (text unchanged)
25-2 Vacant	[Assault and Other Bodily Woundings] [Knowingly transfer or attempt to transfer HIV virus]	[4-7360]	[HG, §18-601.1]	[Misd.]	[3Y]		[Person]	[V]	[$2,500]
25-3—36-7 (text unchanged)
36-8	*Boating Offenses* Failure to render all practical and necessary assistance to persons affected by a vessel collision, accident, or other casualty; failure to provide operator’s information		NR, §8-724(b)	Misd.	2M		Person	VII	$500
36-9	*Boating Offenses* Failure to immediately stop a vessel involved in a collision, accident, or other casualty that results in bodily injury to another person		NR, §8-724(a)(3)(ii)(1)	Misd.	1Y		Person	VII	$3,000
36-10	*Boating Offenses* Failure to immediately stop a vessel involved in a collision, accident, or other casualty that results in the death of another person		NR, §8-724(a)(3)(ii)(2)	Misd.	5Y		Person	V	$5,000
36-11	*Boating Offenses* Failure to immediately stop a vessel involved in a collision, accident, or other casualty when the person knew or reasonably should have known that serious bodily injury to another person might occur and serious bodily injury actually occurred		NR, §8-724(a)(3)(iii)(1)	Felony	5Y		Person	V	$5,000
36-12	*Boating Offenses* Failure to immediately stop a vessel involved in a collision, accident, or other casualty when the person knew or reasonably should have known that the death of another person might occur and death actually occurred		NR, §8-724(3)(iii)(2)	Felony	10Y		Person	IV	$10,000
37—48-1 (text unchanged)
48-2	*CDS and Paraphernalia* Manufacture, distribute, dispense, or possess certain Schedule I through V non-narcotics, large amounts as specified in CR, §5-612, non-cannabis	1-0879 1-0880 1-0881	CR, §5-612(c)(1)	Felony	5Y	MM=5Y*	Drug	IV	$100,000
48-3	*CDS and Paraphernalia* Manufacture, distribute, dispense, or possess certain Schedule I or II controlled dangerous substances, large amounts as specified in CR, §5-612	1-0879 1-0880 1-0881	CR, §5-612(c)(1)	Felony	20Y	MM=5Y*	Drug	IIIB	$100,000
48-4	*CDS and Paraphernalia* Manufacture, distribute, dispense, or possess 50 pounds or more of cannabis	1-2216 1-2217 1-2218	CR, §5-612(c)(2)	Misd.	10Y		Drug	IV	$50,000
49	CDS and Paraphernalia [Drug distribution—drug kingpin] Drug kingpin—non-cannabis	1-0488	[CR, §5-613] CR, §5-613(b)(1)	Felony	40Y	MM*=20Y	Drug	II	$1,000,000
49-1	*CDS and Paraphernalia* Drug kingpin—cannabis	1-2219	CR, §5-613(b)(2)	Felony	20Y		Drug	IIIB	$100,000
50—53-1 (text unchanged)
54 Vacant	[CDS and Paraphernalia] [Manufacture, distribute, dispense, or possess certain Schedule I or II controlled dangerous substances, large amounts as specified in CR, §5-612]	[1-0879] [1-0880] [1-0881]	[CR, §5-612]	[Felony]	[20Y]	[MM*=5Y]	[Drug]	[IIIB]	[$100,000]
54-1—60 (text unchanged)
61 Vacant	[CDS and Paraphernalia] [Manufacture, distribute, dispense, or possess certain Schedule I through V non-narcotics, large amounts as specified in CR, §5-612]	[1-0879] [1-0880] [1-0881]	[CR, §5-612]	[Felony]	[5Y]	[MM*=5Y]	[Drug]	[IV]	[$100,000]
62—64 (text unchanged)
65	CDS and Paraphernalia Paraphernalia—[possess or] distribute controlled paraphernalia—non-cannabis, subsequent	[1-0255] [1-0256] [1-0257] 1-2214 1-2215	[CR, §5-620(d)] CR, §5-620(d)(2)	Misd.	[4Y] 1Y		Drug	[V] VII	[$25,000] $1,000
66	CDS and Paraphernalia Paraphernalia—deliver or sell, or manufacture or possess with intent to deliver or sell, drug paraphernalia, subsequent	[6-3555] 1-2213	CR, §5-619(d)(2)(ii)	Misd.	[2Y] 1Y		Drug	VII	[$2,000] $1,000
67	CDS and Paraphernalia Paraphernalia—use or possess with intent to use drug paraphernalia—non-cannabis, subsequent	[5-3555] 1-2212	CR, §5-619(c)(2)(ii)	Misd.	[2Y] 1Y		Drug	VII	[$2,000] $1,000
68—71-2 (text unchanged)
71-3	*CDS and Paraphernalia* Prepare, distribute, sell, or expose for sale phenibut product without required disclosures; not recognized by the FDA; adulterated or contaminated with a dangerous substance; or to an individual under the age of 21 years		HG, §21-2F-02(f)	Misd.	90D		Drug	VII	$5,000
72—79 (text unchanged)
79-1	Cemeteries and Funerary Objects, Crimes Involving Committing, or aiding or abetting another to commit, certain destructive acts to human remains with the intent to conceal a crime	1-2225 1-2226	CR, §10-405	Felony	5Y		Property	VI
80—159-3 (text unchanged)
159-4	Fraud, Miscellaneous Practicing respiratory care without a license	2-0987	[HO, §§14-5A-20 — 14-5A-22.1] HO, §§14-5A-20 — 14-5A-22 HO, §14-5A-23(a) (penalty)	Misd.	1Y		Person	VII	$1,000
159-5	Fraud, Miscellaneous Practicing radiation therapy, nuclear medicine technology, radiography, or radiology assistance without a license		[HO, §§14-5B-17 — 14-5B-18.1] HO, §§14-5B-17 — 14-5B-18 HO, §14-5B-19(a) (penalty)	Misd.	1Y		Person	VII	$1,000
159-6	Fraud, Miscellaneous Practicing polysomnography without a license		[HO, §§14-5C-20 — 14-5C-22.1] HO, §§14-5C-20 — 14-5C-22 HO, §14-5C-23(a) (penalty)	Misd.	1Y		Property	VII	$1,000
159-7—159-9 (text unchanged)
159-10	*Fraud, Miscellaneous* Practicing genetic counseling without a license		HO, §§14-5G-23 — 14-5G-25 HO, §14-5G-27(a) (penalty)	Misd.	1Y		Person	VII	$1,000
[159-10]159-11—[159-14]159-15 (text unchanged)
160—187 (text unchanged)
188 [Vacant]	*Handguns—In General* Manufacture for distribution or sale a handgun that is not included on the handgun roster	1-2222	PS, §5-406(c)(1)	Felony	5Y		Person	VI	$10,000
189 [Vacant]	*Handguns—In General* Sell or offer to sell a handgun that is not included on the handgun roster	1-2223	PS, §5-406(c)(2)	Felony	5Y		Person	VI	$2,500
190—244-2 (text unchanged)
244-3	*Motor Vehicle Offense* Reckless driving		TR, §21-901.1(c)(1)	Misd.	60D		Person	VII	$1,000
[244-3]244-4—[244-6]244-7 (text unchanged)
245—289 (text unchanged)
290	Obscene Matter Possess, retain, access, or view visual representations of persons younger than 16 years old engaged in certain sexual acts, subsequent	1-1756 1-1796	CR, §11-208(c)(2)	Felony	10Y		Person	IV	$10,000
291—295 (text unchanged)
296	Obscene Matter Possess, retain, access, or view visual representations of persons younger than 16 years old engaged in certain sexual acts, 1^st offense	1-1756 1-1796	CR, §11-208(c)(1)	Misd.	5Y		Person	V	$2,500
297—347 (text unchanged)
348	Sexual Crimes Rape, 1^st degree	1-1102 1-1812 1-1813 1-1814 1-1815 1-1816	CR, §3-303(d)(1)	Felony	LIFE ♦		Person	I
348-1	Sexual Crimes Rape, 1^st degree, in conjunction with kidnapping child younger than 16 years old	1-1102 1-1817	CR, §3-303(d)(2)	Felony	LIFE without Parole ♦		Person	I
348-2	Sexual Crimes Rape, 1^st degree, subsequent	1-1102 1-1812 1-1813 1-1814 1-1815 1-1816 1-1817	CR, §3-303(d)(3)	Felony	LIFE without Parole ♦		Person	I
348-3	Sexual Crimes Rape, 1^st degree, adult offender with victim younger than 13 years old	1-1102 1-1818	CR, §3-303(d)(4)	Felony	LIFE without Parole ♦	MM*=25Y	Person	I
349—351 (text unchanged)
352	Sexual Crimes Rape, 2^nd degree	1-1819 1-1820 1-1821 2-1103	CR, §3-304(c)(1)	Felony	20Y ♦		Person	II
352-1	Sexual Crimes Rape, 2^nd degree, adult offender with victim younger than 13 years old	1-1822 1-1823 2-1103	CR, §3-304(c)(2)	Felony	LIFE ♦	MM*=15Y	Person	II
353—356 (text unchanged)
356-1	Sexual Crimes Sex Offense, 3^rd degree (a)(1) employ or display a dangerous weapon, etc.; (a)(2) with substantially cognitively impaired, mentally incapacitated, or physically helpless individual	1-1824 1-1825 1-1826 1-1827 1-1828 3-3600	CR, §3-307(a)(1) CR, §3-307(a)(2)	Felony	10Y		Person	IV
357	Sexual Crimes Sex Offense, 3^rd degree (a)(3), (a)(4), (a)(5) —age based elements	1-1829 1-1830 1-1831 3-3600	CR, §3-307(a)(3) CR, §3-307(a)(4) CR, §3-307(a)(5)	Felony	10Y		Person	IV
358—364-1 (text unchanged)
365	Stalking and Harassment Harassment, 1^st offense	1-0191 1-2210 1-5406	[CR, §3-803(c)(1)] CR, §3-803(d)(1)	Misd.	90D		Person	VII	$500
365-1	Stalking and Harassment Harassment, subsequent	1-0191 1-2210 1-5406	[CR, §3-803(c)(2)] CR, §3-803(d)(2)	Misd.	6M		Person	VII	$1,000
365-2—376-2 (text unchanged)
376-3	*Telecommunications and Electronics, Crimes Involving* Taking certain actions with the intent to interrupt or impair the functioning of a public safety answering point	1-2231	CR, §7-302(d)(5)	Felony	5Y		Property	V	$25,000
377—385 (text unchanged)
385-1	*Theft, Crimes Involving* Organized retail theft, $100,000 or greater	1-2230	CR, §7-104.1(c)(3)	Felony	20Y		Property	III	$25,000
385-2	*Theft, Crimes Involving* Organized retail theft, at least $25,000 but less than $100,000	1-2229	CR, §7-104.1(c)(2)	Felony	10Y		Property	V	$15,000
385-3	*Theft, Crimes Involving* Organized retail theft, at least $1,500 but less than $25,000	1-2228	CR, §7-104.1(c)(1)	Felony	5Y		Property	VI	$10,000
386—400-2 (text unchanged)
400-3	Weapons Crimes—In General Purchase, receive, sell, offer to sell, or transfer an unfinished frame or receiver that has not been imprinted with a serial number in compliance with federal laws and regulations (i.e., a “ghost gun”)	[1-1685] 1-2224	PS, §5-703(c)(1)	[Misd.] Felony	5Y		Person	V	$10,000
400-4—409 (text unchanged)
410	Weapons Crimes—In General Possess, sell, transfer, or otherwise dispose of stolen regulated firearm	[1-2801] 1-2220	PS, §5-138 [PS, §5-144] [(penalty)]	[Misd.] Felony	5Y		Person	VI	$10,000
411	Weapons Crimes—In General Transport regulated firearm into State for purpose of unlawfully selling or trafficking	[1-5295] 1-2221	PS, §5-140	[Misd.] Felony	10Y		Person	IV	$25,000
412—421 (text unchanged)

Footnotes (text unchanged)

General Rules: (text unchanged)

DAVID SOULE
Executive Director

Subtitle 39 INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION

14.39.02 Administration of the Public School Construction Program

Authority: Education Article, §§4-126, 5-112, and 5-303; State Finance and Procurement Article, §5-7B-07, Annotated Code of Maryland;

Ch. 32, §5, Acts of 2022

Notice of Proposed Action

[25-176-P]

The Interagency Commission on School Construction proposes to amend Regulation .06 under COMAR 14.39.02 Administration of the Public School Construction Program. This action was considered by the Interagency Commission on School Construction at an open meeting held on July 17, 2025, notice of which was given by publication on the General Assembly website calendar pursuant to General Provisions Article §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to establish the State and local cost share percentages for school construction projects for FY 2027 and 2028, codify the 100 percent State cost share for the Maryland School for the Blind, as established in statutory law, and simplify the calculation of cost share adjustments based on a county's tier 1 status.

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 [email protected]. Comments will be accepted through September 22, 2025. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by The Interagency Commission on School Construction during a public meeting to be held on October 9, 2025 at 9:00 am, at https://iac.mdschoolconstruction.org/?page_id=315.

.06 State Cost Share Percentage.

A. (text unchanged)

B. Percentages

(1)—(4) (text unchanged)

(5) The State share percentage for the Maryland School for the Blind shall be [93] 100 percent of eligible costs of approved projects.

C. (text unchanged)

D. LEA State Cost Share. The IAC shall add the following amounts to calculate the recommended revised cost share amounts:

(1)—(3) (text unchanged)

(4) [5 percent if the county where the LEA is located is a Tier I county that has an unemployment rate greater than the average rate or number of percentage points identified in Economic Development Article, §1-101, Annotated Code of Maryland, or has met the average rate or number of percentage points identified in Economic Development Article, §1-101, Annotated Code of Maryland, at some time during the preceding 24-month period;] 10 percent if the county where the LEA is located is a Tier I county as defined in Economic Development Article § 1-101, Annotated Code of Maryland.

[(5) 5 percent if the county where the LEA is located is a Tier I county that has a median household income level below the level identified in Economic Development Article, §1-101, Annotated Code of Maryland, or has had a median household income level below the level identified in Economic Development Article, §1-101, Annotated Code of Maryland, at some time during the preceding 24-month period;]

(6)—(7) (text unchanged)

E. (text unchanged)

F. For FY [2025 and 2026,] 2027 and 2028 the State share percentages of public school construction funding for eligible costs of approved projects are as follows:

(table text unchanged)

ALEX DONAHUE
Executive Director

Title 20
PUBLIC SERVICE COMMISSION

Subtitle 53 COMPETITIVE ELECTRICITY SUPPLY

20.53.07 Residential Customer Protection

Authority: Public Utilities Article, §§2-113, 2-121, 4-308, 5-101, 7-505, 7-507, 7-511, 7-603, and 7-707, Annotated Code of Maryland

Notice of Proposed Action

[25-172-P]

The Public Service Commission proposes to amend Regulation .07 under COMAR 20.53.07 Residential Customer Protection. This action was considered by the Public Service Commission at a scheduled rulemaking (RM 84) meeting held on July 9, 2025, 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 serve as the disclosure retail suppliers shall include in their green power marketing materials.

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 [email protected]. Comments will be accepted through September 22, 2025. A public hearing has not been scheduled.

.07 Advertising and Solicitations.

A. (text unchanged)

B. Disclosures.

(1)—(3) (text unchanged)

(4) When offering green power for sale to residential customers, a supplier, except for those described in Public Utilities Article §7-707(g), Annotated Code of Maryland, shall, in a conspicuous manner and in at least 12-point font, disclose the following or a similar message approved by the Commission:

[(a) The electricity delivered to your home is generated from a variety of sources, both renewable and nonrenewable, and energy from renewable resources, such as wind and solar, cannot be tracked directly into your home, instead:

(i) The energy your home uses will support renewable energy sources through the purchase of renewable energy credits (“RECs”) (A REC represents the environmental and social good associated with 1 megawatt hour of renewable electricity generation);

(ii) RECs may be sold separately from the electricity itself, so the buyer of a REC may be different than the buyer of the electricity;

(iii) In your contract, (X) percent of the RECs qualify for Maryland’s renewable portfolio standard; and

(iv) The remaining (Y) percent of RECs are (the specific product being marketed.)

(b) By purchasing RECs that qualify for Maryland’s renewable portfolio standard, you are supporting renewable energy development in the region.

(i) Can help reduce conventional electricity generation from fossil fuels in the region where the renewable electricity generator is located: and

(ii) May also have other environmental benefits such as reducing regional air pollution.]

The electricity delivered to your home is generated from a variety of sources, both renewable and nonrenewable. Energy from renewable resources, such as wind and solar, cannot be tracked directly into your home. Instead, the energy your home uses will support renewable energy sources through the purchase of renewable energy credits (“RECs”). A REC represents the environmental and social good associated with 1 megawatt hour of renewable electricity generation. RECs may be sold separately from the electricity itself, so the buyer of a REC may be different than the buyer of the electricity. In your contract, X% of the RECs qualify for Maryland’s renewable portfolio standard. By purchasing RECs that qualify for Maryland’s renewable portfolio standard, you are supporting renewable energy development in the region. Increased demand for, and generation of, renewable electricity can help reduce conventional electricity generation from fossil fuels in the region where the renewable electricity generator is located. It may also have other environmental benefits such as reducing regional air pollution.

(5) (text unchanged)

C.—D. (text unchanged)

ANDREW S. JOHNSTON
Executive Secretary

Title 27
CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

Notice of Proposed Action

[25-145-P]

The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays proposes to:

(1) Adopt new Regulations .01—.06 under a new chapter, COMAR 27.01.15 Enforcement; and

(2) Amend Regulations .03 and .04 under COMAR 27.03.01 Project Applications.

This action was considered by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays at their meeting on July 9, 2025.

Statement of Purpose

The purpose of this action is to:

(1) Adopt new Regulations .01—.06 under a new chapter, COMAR 27.01.15 Enforcement, to include in COMAR what is in Natural Resources Article 8, Title 18, Annotated Code of Maryland, and address the following provisions related to enforcement: property access; active violations and stop work orders; notices of violation; fees and penalties; abatement, restoration, and mitigation plans; timeframes for notifying the property owner of a violation; deadlines for response to a violation from the property owner; appeals process; and processes for local jurisdictions to request enforcement assistance from the Commission Chair; and

(2) Amend Regulations .03 and .04 under COMAR 27.03.01 Project Applications to update the type and number of project applications submitted to Commission staff for review and comment, and to update the notice procedures for state and local government projects.

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 Kate Durant, Natural Resource Planner, Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, 1804 West Street, Suite 100, Annapolis, MD 21041, or call 410-260-3477, or email to [email protected]. Comments will be accepted through September 22, 2025. A public hearing has not been scheduled.

Subtitle 01 CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT

27.01.15 Enforcement

Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1809, 8-1815, and 8-1815.1, Annotated Code of Maryland

.01 Definitions.

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

B. Terms Defined.

(1) Abatement.

(a) “Abatement” means the elimination of the violation;

(b) “Abatement” includes stabilization of the site.

(2) “Restoration” means returning the affected area to its previous condition prior to the violation.

(3) “Violator” means a contractor, property owner, or any other person who committed, assisted, authorized, or participated in the violation.

(4) Violation.

(a) “Violation” means an act that violates the provisions of this subtitle or Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland.

(b) “Violation” includes:

(i) Clearing, disturbance of the Buffer, construction of unpermitted structures, grading in the Critical Area without a permit, grading in the Critical Area beyond the allowable limits authorized by a local jurisdiction, and exceedance of allowable lot coverage limits; and

(ii) Failure to comply with the deadlines required under Regulation .03 of this chapter.

.02 Applicability.

A. Notwithstanding any provision in a local law or ordinance, or the lack of provision in a local law or ordinance, all of the requirements of this regulation shall apply to, and be applied by, a local jurisdiction as minimum standards for a local program sufficient to meet the goals of the Critical Area program.

B. In the event that a provision of this chapter conflicts with a provision of a local program, the stricter provision applies.

.03 Minimum Requirements for Enforcement Program.

A local jurisdiction shall include all of the following requirements as part of their enforcement program.

A. A local jurisdiction may obtain access to and enter a property in order to:

(1) Identify or verify a suspected violation;

(2) Restrain a development activity; or

(3) Issue a notice of violation if a local jurisdiction believes that a violation of the local program has occurred or is occurring.

B. A local jurisdiction shall make a reasonable effort to contact a property owner before obtaining access to or entering the property.

C. If a property owner denies entry, a local jurisdiction may seek an injunction to enter the property to pursue an enforcement action.

D. If a local jurisdiction identifies an active violation, it shall issue a stop work order.

E. Within 30 days of identifying a violation or issuing a stop work order, a local jurisdiction shall send the alleged violator, via certified mail, a notice of violation letter that includes:

(1) A description of the facts supporting the alleged violation;

(2) References to the provisions of Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland, this title, or a local jurisdiction’s Critical Area program which have been alleged to have been violated;

(3) A notice of the right to file an appeal in accordance with §J of this regulation;

(4) If eligible to apply for a variance, an explanation that applying for a variance constitutes a waiver of the right to appeal the notice of violation;

(5) Actions necessary to bring the site into compliance, which may include:

(a) Paying fines in accordance with Regulation .04 of this chapter;

(b) A description of the abatement and restoration measures required under §H of this regulation to resolve the violation and the deadline by which those measures must be implemented;

(c) If the violation is a clearing violation, a requirement that the alleged violator replant trees where the cutting or clearing occurred in accordance with a plan prepared by the State Forester, a licensed professional forester, a licensed landscape architect, or a Forest Conservation Qualified Professional approved by the Department of Natural Resources;

(d) A mitigation plan as required under §H of this regulation; and

(e) Applying for an after-the-fact variance; and

(6) A deadline for when a response action is required from the alleged violator.

F. The local jurisdiction shall:

(1) Track the deadlines required in §E of this regulation;

(2) Communicate in writing if an alleged violator fails to meet the initial deadline; and

(3) Perform one of the following actions if the alleged violator does not resolve the violation as required by the notice of violation, and fails to respond to the local jurisdiction’s written communication for 30 days:

(a) Request assistance from the Commission;

(b) Refer the matter to the Commission as required under Regulation .05 of this chapter for referral to the Office of the Attorney General;

(c) Refer the matter to the local jurisdiction’s Office of Law to bring an enforcement action, including civil penalties;

(d) Refer the matter to the Office of the Attorney General for criminal prosecution; or

(e) If the violation is for clearing, file suit in circuit court for damages in an amount equal to the estimated cost of replanting trees which shall be paid by the alleged violator to the local jurisdiction.

G. If a local jurisdiction fails to comply with the requirements under §F of this regulation, the Commission may notify the local jurisdiction of the deficiency and take any necessary actions, in accordance with Natural Resources Article, §8-1809(n), Annotated Code of Maryland.

H. The local jurisdiction may require any of the following actions in order to remedy the violation:

(1) Abatement;

(2) A restoration plan to provide plantings at a mitigation rate in accordance with a local program; and

(3) A mitigation plan to provide plantings at the rate required by a local program if the alleged violator pursues an after-the-fact variance.

I. If the alleged violator pursues an after-the-fact variance, mitigation requirements are cumulative and consist of plantings for:

(1) The violation in accordance with an approved restoration plan under §H(2) of this regulation; and

(2) The variance in accordance with an approved mitigation plan under §H(3) of this regulation.

J. A local jurisdiction shall provide an appeals process consistent with their local program that allows the alleged violator to appeal the notification of violation.

.04 Fees and Penalties.

A. These regulations are not intended to alter a local jurisdiction’s authority to assess fines, as provided under the Maryland Constitution or the Express Powers Act.

B. Each alleged violator who violates a provision of a local program shall be subject to separate fines for each offense in accordance with Natural Resources Article, §8-1808(c)(1)(iii)15, Annotated Code of Maryland, including:

(1) Each violation constitutes a separate offense;

(2) Each calendar day that a violation continues constitutes a separate offense; and,

(3) Fines for a continuing violation shall accrue without a requirement for an additional assessment, notice, or opportunity for hearing for each separate offense.

C. In determining the amount of the penalty to be assessed, a local jurisdiction shall consider:

(1) The gravity of the violation;

(2) Any willfulness or negligence involved in the violation;

(3) The environmental impact of the violation; and

(4) The cost of restoration of the resources affected by the violation and mitigation for damage to that resource.

D. A jurisdiction may require a bond or other financial security for restoration or mitigation that exceeds 1,000 square feet or $1,000.

.05 Request for Assistance from the Chair of the Commission or the Attorney General.

A. At any time during the enforcement process, a local jurisdiction may request, in writing, assistance from the Commission with an enforcement action.

B. A local jurisdiction may request in writing that the Chair refer an enforcement action to the Office of the Attorney General.

.06 Timeframes.

A. A local jurisdiction shall require any additional mitigation as a condition of approval for a permit, approval, variance, or special exception be completed within 90 days of issuance of the permit, approval, variance, or special exception unless an extension of time is appropriate because of adverse planting conditions, not to exceed an additional 90 days.

B. A local jurisdiction shall institute a criminal prosecution or suit for a civil penalty for a violation within three years after a Commission or the local jurisdiction knew or reasonably should have known of a violation.

Subtitle 03 PROJECT APPLICATIONS

27.03.01 Notification of Project Applications

Authority: Natural Resources Article, §§8-1806, 8-1808(c), and 8-1811, Annotated Code of Maryland

.03 Notice Requirements for State Agency and Local Agency Development.

A. (text unchanged)

B. Public Notice.

(1) Except as provided under §A of this regulation, a State agency or local agency that proposes development in the Critical Area shall, as part of its formal project submittal to the Commission, provide evidence that:

(a) Public notice was published [for 1 business day in a newspaper of general circulation in the geographic area in which the proposed development would occur;]:

(i) At least 30 days prior to the date of the project committee meeting at which the project will be presented for a vote; and

(ii) For one business day in a newspaper of general circulation in the geographic area in which the proposed development would occur;

(b) (text unchanged)

(c) At least [14] 30 days were provided for public comment in the local jurisdiction in which the proposed development would occur; and

(d) (text unchanged)

(2) (text unchanged)

C.—D. (text unchanged)

.04 Categories of Applications to be Submitted to the Executive Director.

A. [Developments, Subdivisions, and Site Plans Requiring Project Approval.

(1) The local approving authority shall electronically submit to the Executive Director each application for a development, subdivision, and site plan that is located wholly or partially within the Critical Area, except those specified in §A(2) of this regulation.

(2) The following types of developments, subdivisions, and site plans are exempted from §A(1) of this regulation, if the proposed development, subdivision, or site plan does not result in a physical disturbance to the buffer:

(a) The following developments, subdivisions, or site plans that would occur wholly or partially within [the IDAs] an intensely developed area:

(i) A single family dwelling unit;

(ii) A structure which is necessary to a single family dwelling unit which may include a pool, garage, porch, shed, or tennis courts;

(iii) Development in which the land disturbance does not exceed 15,000 square feet; and

(iv) Subdivisions resulting in up to ten lots or up to ten dwelling units;

(b) The following developments, subdivisions, or site plans that would occur wholly or partially within a limited development area:

(i) Those listed in §A(2)(a)(i)—(iii) of this regulation; and

(ii) A subdivision resulting in up to three lots that does not affect the local jurisdiction's growth allocation; and

(c) Developments, subdivisions, or site plans occurring wholly or partially within a resource conservation area for which the land disturbance does not exceed 5,000 square feet.] A local jurisdiction shall electronically submit to the Executive Director each application for:

(1) A variance from the local Critical Area program;

(2) In the resource conservation area:

(i) A site plan;

(ii) A subdivision;

(iii) A lot consolidation or a reconfiguration;

(iv) A special exception;

(v) A conditional use; and

(vi) A zoning map amendment or a rezoning.

(3) In an intensely developed area or a limited development area, a subdivision or a lot consolidation or reconfiguration:

(i) That proposes impacts to any habitat protection area, including the buffer; or

(ii) On a site that has received growth allocation; and

(4) In accordance with COMAR 27.01.14 and COMAR 27.02.07, a major or minor solar energy generating system that would be located wholly or partially in a limited development area or a resource conservation area.

[B. Other Applications. The local approving authority shall electronically submit to the Executive Director:

(1) Each initial and subsequent application for a rezoning or a floating zone that would occur wholly or partially within the resource conservation area or would result in a change to the Critical Area land classification;

(2) Each application for a special exception or a conditional use that would allow industrial, commercial, institutional, nonresidential, or multifamily uses to be located wholly or partially within a limited development area or a resource conservation area;

(3) Each application for a variance from the local Critical Area program; and

(4) In accordance with COMAR 27.01.14 and COMAR 27.02.07, each application for a major or minor solar energy generating system that would be located wholly or partially in a limited development area or a resource conservation area.]

[C.] B. [Approvals.] The local approving authority shall electronically submit to the Executive Director final approvals for:

(1) [Each final approval of a] A major solar energy generating system; and

(2) In accordance with COMAR 27.01.04.03 and 27.01.09.01-3, for each category of application under §A(1)—(3) of this regulation [and for each Critical Area variance application];

[(a) Each approved] (3) Upon request by the Executive Director, a major buffer management plan; and

[(b)] (4) As applicable, each [approved] completed Commission form entitled “Shoreline Stabilization Measure Buffer Management Plan.”

ERIK FISHER
Chair

Title 33
STATE BOARD OF ELECTIONS

Notice of Proposed Action

[25-173-P]

The State Board of Elections proposes to:

(1) Adopt new Regulations .01—.04 under a new chapter, COMAR 33.01.08 Election Plan;

(2) Amend Regulation .01 under COMAR 33.03.02 Copies of Registration Lists;

(3) Adopt new Regulation .03 under COMAR 33.07.11 Election Judges;

(4) Amend Regulations .05-1 and .09, and adopt new Regulation .13 under COMAR 33.08.01 Definitions; General Provisions;

(5) Amend Regulation .04 under COMAR 33.11.01 Definitions; General Provisions;

(6) Amend Regulations .01—.02 under COMAR 33.15.03 Polling Places; and

(7) Amend Regulation .02 under COMAR 33.17.02 Early Voting Centers.

This action was considered at an open board meeting on July 3, 2025.

Statement of Purpose

The purpose of this action is to:

(1) Adopt 33.01.08.01—.04 to reflect new requirements for local boards to submit an election plan as outlined in SB259 from the 2025 MGA legislative season.

(2) Amend 33.03.02.01 to bring the State Board of Elections practices regarding voting lists into compliance with a recent court decision regarding the definition of electoral process.

(3) Adopt 33.07.11.03 to standardize and minimize any forms or documentation related to service as an election judge.

(4) Amend 33.08.01.05-1 to include email notification as a valid form of notice of canvass.

(5) Amend 33.08.01.09 to update the wording to reflect the current practice of local boards to test systems for accuracy.

(6) Adopt 33.08.01.12 to create a process for local boards to inform SBE if they will not certify their county results on the second Friday after the election.

(7) Amend 33.11.01.04 to reflect new requirements for local boards to submit an election plan as outlined in SB259 from the 2025 MGA legislative season.

(8) Amend 33.15.03.01—.02 to reflect new requirements for local boards to submit an election plan as outlined in SB259 from the 2025 MGA legislative season.

(9) Amend 33.17.02.02 to reflect new requirements for local boards to submit an election plan as outlined in SB259 from the 2025 MGA legislative season.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Morgan Rhoden, Director of Special Projects, State Board of Elections, State Board of Elections, PO Box 6486, Annapolis, MD 21401, or call 410-269-2840, or email to [email protected]. Comments will be accepted through September 22, 2025. A public hearing has not been scheduled.

Subtitle 01 DEFINITIONS; GENERAL PROVISIONS

33.01.08 Election Plan

Authority: Election Law Article, §2-102(b)(4) §2-303.1, 2-304, and 10-301.1, Annotated Code of Maryland

.01 Requirements for an Election Plan.

A. A local board shall include in the election plan:

(1) A polling place plan that meets the requirements of COMAR 33.15.03.01;

(2) A ballot drop box plan developed in accordance with COMAR 33.11.01.04;

(3) An early voting center plan that meets the requirements of COMAR 33.17.02.02;

(4) An analysis of how to maximize voter participation in the county and each precinct; and

(5) A letter from the local board that includes:

(a) The date of the local board meeting where the election plan was considered;

(b) A summary of any oral testimony about the election plan that was offered at the meeting where the election plan was considered;

(c) As an attachment, any written testimony submitted by the public regarding the election plan; and

(d) An affirmation of compliance with the notice and comment requirements of Election Law Article, §2-303.1(e)(3)(5).

.02 Submission of an Election Plan.

A. The State Board shall:

(1) Prescribe a form and submission process for a local board to use to provide a proposed election plan; and

(2) Provide each local board with the prescribed form at least 9 months before a primary election.

B. Requirements of Election Plan Submission Process.

(1) The form and submission process required under §A of this regulation shall ensure that an election plan meets the requirements of COMAR 33.01.08.01.

(2) A local board shall submit an election plan by completing the form and submission process required under §A(1)of this regulation at least 7 months before each Statewide primary election. Completion of the form and submission process shall constitute fulfillment of a local board’s duty to submit an election plan pursuant to Election Law Article, §2-303.1(a), Annotated Code of Maryland.

.03 Approval of Elections Plan.

A. Upon receipt of an election plan, the State Administrator shall review it and make a recommendation to the State Board whether to approve it.

B. The State Board shall:

(1) Vote on a local board's proposed election plan within 30 days of receipt of the submission required in COMAR 33.01.08.02(B)(2) of this regulation;

(2) Approve an election plan if the election plan:

(a) Complies with the requirements of Election Law Article, §2-303.1 and 10.101(a)(2), Annotated Code of Maryland;

(b) Complies with this regulation and COMAR 33.15.03.01, 33.11.01.04, and 33.17.02.02;

(c) Has been reviewed by the State Administrator; and

(d) Will not negatively affect access to voting for historically disenfranchised communities, as defined in Election Law Article § 1-101(aa-1), Annotated Code of Maryland; and.

(3) Within 2 days after its vote on an election plan, notify the local board of the State Board's vote.

C. If the State Board votes on an election plan and does not approve the election plan under §B(2) of this regulation, the State Board shall:

(1) In the notice required by § B(3) of this Regulation include:

(a) The reason that the plan was not approved;

(b) A statement that a revised plan is due 15 days after the vote by the State Board; and

(c) The date on which the State Board will meet to review the revised plan.

(2) Set a date for a meeting to consider the revised plan that is no later than 5 days after the submission date of the revised plan.

D. Upon approval by the State Board, a local board shall include in its disaster recovery plan the name, address, and contact information for each early voting center, polling place and ballot drop box.

.04 Notice of Proposed Election Plan by the Local Boards.

A. Contact List.

(1) Each local board shall maintain a contact list of individuals and organizations as required by Election Law Article, §2-303.1(e)(2), Annotated Code of Maryland.

(2) There shall be one list for the purposes of sending notices of election plans and polling place changes as required by Election Law Article, §2-303.1(e)(4), Annotated Code of Maryland.

B. Each local board shall make available in a conspicuous location on its website:

(1) Information about the contact list in §A of this regulation, including:

(a) A statement that the purpose of the list is to provide notice about local board meetings where an election plan or proposed change to a location of a polling place will be considered;

(b) A statement that by signing up for the list, the person will receive notice of any meeting where election plans or polling place changes are considered; and

(c) How to register for the list.

(2) At least 14 days before a meeting where an election plan or polling place change will be discussed, the proposed election plan or written description of the proposed change in polling place.

C. At least 14 days before meeting to consider an election plan, the local board shall provide written notice of the meeting to:

(1) Each individual and organization on the contact list required in §A of this regulation; and

(2) The following elected officials who represent all or any portion of the county:

(a) The Mayor;

(b) County Executive;

(c) County Commissioner;

(d) County Council member;

(e) Each Municipal Council member; and

(f) Member of the General Assembly.

Subtitle 03 RECORDS MANAGEMENT

33.03.02 Copies of Registration Lists

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and 3-506(a)(2)(i)(ii)and (iv), Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(2) (text unchanged)

(3) Electoral Process.

(a)—(b) (text unchanged)

[(c) “Electoral process” does not include investigations. The use of a voter registration list to contact an individual voter as part of an investigation into an illegal or suspected illegal infraction or violation involving the voter’s behavior in a specific election is not a “purpose… related to the electoral process” as those terms are used in Election Law Article, §3-506(a)(1)(ii)(2), Annotated Code of Maryland.]

(4)—(9) (text unchanged)

Subtitle 11 ABSENTEE BALLOTS

33.11.01 Definitions; General Provisions

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 2-304, 2-305, 3-202.1, 9-303, 9-305, 9- 306, 11-301, 11-302, and 11-304, Annotated Code of Maryland

.04 Ballot Drop Boxes.

A. [Considerations] Factors for Determining Ballot Drop Box Locations. A local board shall use [consider] the following factors when determining the location of a ballot drop box:

(1) (text unchanged)

(2) Proximity of the ballot drop box to dense concentrations of voters such that[;]:

(a) If a county has fewer than 200,000 registered voters, 75 percent of the registered voters in the county live within 10 miles of a proposed ballot drop box; or

(b) If a county has 200,000 or more registered voters, 90 percent of the registered voters live within 5 miles of a proposed ballot drop box.

(3) Accessibility of the ballot drop box by public transportation; and

(4) Ensuring equitable geographic distribution of ballot drop boxes throughout the county.[; and]

[(5) Maximizing voter participation, including through the use of community centers and public gathering places.]

B. (text unchanged)

C. Approval Process for Ballot Drop Box [Locations] Plan.

(1) The State Administrator shall:

(a) (text unchanged)

(b) Provide each local board with the form at least [7 months] 9 months before a primary election.

(2) The form shall:

(a) Include questions related to whether the proposed ballot drop box meets the factors [considerations] and requirements defined in §§A and B of this regulation; and,

(b) If a proposed ballot drop box does not satisfy all of the [considerations] factors defined in §A of this regulation, allow the local board to list other locations that were considered and why they were not proposed and describe the factors that mitigate the fact that the proposed ballot drop box location does not meet the [considerations] factors defined in §A of this regulation.

(3) At least [6] 7 months before a primary election, the local board shall submit a ballot drop box plan to the State Administrator including:

(a)—(b) (text unchanged)

(4) The State Administrator shall approve a proposed location that meets the [considerations] factors defined in §A of this regulation.

(5) If the State Administrator determines that a proposed ballot drop box [location] plan does not meet the [considerations] factors defined in §A of this regulation, before the ballot drop box plan is submitted to the State Board:

(a) Within 2 days of making the determination, the State Administrator shall provide the local board with a detailed explanation of why the proposed [location] plan does not meet the factors;

(b) The State Administrator shall [require] request that the local board reconsider the proposed location for one or more ballot drop boxes and propose one or more other locations that meet the [considerations] factors defined in §A of this regulation; and

(i) Propose one or more locations that meet the [considerations] factors defined in §A of this regulation; or

(ii) Explain why a location that meets the [considerations] factors defined in §A of this regulation cannot be proposed and propose the location of an additional ballot drop box.

(6) The State Administrator may add additional ballot drop box locations:

(a) [if] If, after reconsideration and resubmission by the local board pursuant to §C(5) of this regulation, the State Administrator determines that the proposed ballot drop box location does not meet the [considerations defined] factors in §A of this regulation[.],

(b) If a local board of elections proposes fewer drop boxes than in a previously comparable statewide election and fails to justify the reduction in drop boxes in reference to the factors in §A, it is presumed that the factors defined in §A are not sufficiently met.

D.—F. (text unchanged)

Subtitle 07 ELECTION DAY ACTIVITIES

33.07.11 Election Judges

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 10-202, 10-201.1, 10–203, and 10–205, Annotated Code of Maryland

.03 Documentation Required from Election Judges.

A. Election Judge Applications.

(1) The State Administrator shall prescribe a form to collect information sufficient to determine whether an individual is qualified to serve as an election judge and can fulfill the duties of an election judge.

(2) Each local board shall require only:

(a) The State prescribed form from applicants to be election judges; or

(b) An electronic application form that has been approved by the State Administrator.

B. Service as an Election Judge. In addition to an executed Oath of Election Judge and Rules of Security Behavior, each local board or county government may require only the following forms from election judges to serve and be compensated:

(1) Either IRS Form W-4 or IRS Form W-9;

(2) IRS Form I-9;

(3) Maryland Form MW-507.

Subtitle 08 CANVASSING

33.08.01 Definitions; General Provisions

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 11-201, and 11-301, Annotated Code of Maryland

.05-1 Notice of Canvass.

A. Each election director shall provide notice of [the first and second] all absentee canvasses and the provisional canvass by:

(1) Mail or email sent directly to:

(a)—(c) (text unchanged)

(2) (text unchanged)

B.—C. (text unchanged)

.09 Voting System [Verification] Testing.

A local board shall [verify] test the voting system as provided in COMAR 33.10 for accuracy.

.13 Certification Deadlines.

A. A board of canvassers may not certify and transmit a copy of election results, pursuant to Election Law Article, §11-401(a)(1), Annotated Code of Maryland, until after the deadline for receipt of timely mail-in ballots provided by COMAR 33.11.03.08B(4)(a).

B. If a board of canvassers is unable to certify election results on the second Friday after election day, the board of canvassers, in consultation with the election director, shall notify in writing the State Board of Elections of the delay.

C. The notification shall contain:

(1) Detailed plan on the continuation of the canvass including staffing figures, dates, and hours to be worked;

(2) The number of outstanding ballots to be canvassed; and

(3) An anticipated end date for the canvass and certification of election results.

D. The State Board of Elections has the authority to modify the plan to ensure completion of the canvass and certification of election results in a timely manner for State certification and any post-election audits.

Subtitle 15 PRECINCTS, POLLING PLACES, AND FACILITIES

33.15.03 Polling Places

Authority: Criminal Procedure Article, §11-722; Election Law Article, §§1-101, 2-102(b)(4), 2-202(b), 2-303.1 and 10-101, Annotated Code of Maryland

.01 Required Polling Place Plan.

A. Requirements for Polling Place Plan. A local board shall include in the polling place plan:

(1) (text unchanged)

[(2) An analysis of how to maximize voter participation in each precinct; and]

[(3)] (2) [If] In a Statewide election except for the first election immediately following statewide redistricting based on the census, if the polling place plan proposes to reduce the number of separate buildings used as polling places below the total number of separate buildings used as polling places in the [2018 General Election] first statewide general election held after the most recent Statewide redistricting based on the census:

(a)—(g) (text unchanged)

(3) In the first Statewide election held after a Statewide redistricting based on the census, if the polling place plan proposes to reduce the total number of separate buildings used as polling places below the total number of separate buildings used as polling places in the immediately preceding general election:

(a) The address and a description of the location of each affected polling place;

(b) An analysis of available suitable buildings within the precinct boundary, including the availability of parking and a determination regarding building compliance with the federal Americans with Disabilities Act;

(c) Of the voters who cast ballots in each affected precinct in the three most recent Statewide elections:

(i) The percentage who voted in person on election day;

(ii) The percentage who voted by mail;

(iii) The number who registered to vote on election day; and

(iv) The number who voted at an early voting center;

(d) The proximity of the proposed polling place to a dense concentration of voters in the affected precinct;

(e) The change in the number of registered voters in the affected precinct from the last Statewide election;

(f) The public transportation options that voters in each affected precinct could use to access the polling place that would serve the precinct under the plan; and

(g) An analysis of the impact on the ability of historically disenfranchised communities to cast a ballot, including demographic information of the voters in the affected precinct.

B. Form for Polling Place Plan.

(1) The State Board shall:

(a) (text unchanged)

(b) Provide each local board with the form at least [1 year] 9 months before a primary election.

(2) (text unchanged)

(3) Form Submission. A local board shall submit the form at least [6] 7 months before each Statewide primary election. Completion and submission of the form shall constitute fulfillment of a local board’s duty to submit a polling place plan pursuant to Election Law Article, §2-303.1(a), Annotated Code of Maryland.

C. Additional Information. For each polling place plan, a local board shall submit with the form required in §B of this regulation:

(1)—(5) (text unchanged)

(6) If [a plan proposes to reduce the total number of separate buildings used as polling places in the 2018 General Election] required by §A(2) or (3) of this regulation, documentation to support the determination that all buildings that will no longer be used as polling places are no longer suitable to be used as polling places.

[D. Approval of Polling Place Plan.

(1) The polling place plan shall be approved if:

(a) It complies with the requirements of §A of this regulation and Election Law Article, §10-101(a)(2), Annotated Code of Maryland; and

(b) It will not negatively affect access to voting for historically disenfranchised communities.

(2) The polling place plan shall be rejected if it does not meet the requirements §A of this regulation and Election Law Article, §10-101(a)(2), Annotated Code of Maryland. The basis for rejection shall be set forth and provided to the local board.

(3) If the plan is rejected, the local board shall submit a revised polling place plan to the State Board within 15 days after the date on which the State Board rejected the previous plan.]

.02 New or Changed Polling Place.

A. Board Action Required to Change the Location of a Polling Place. A local board may not vote to change the location of a polling place unless the local board first:

(1) Holds a meeting to discuss the proposed change; and

(2) Provides an opportunity for interested parties to testify on the proposed change at the meeting.

B. Notice of Proposed Changes.

[(1) Each local board shall:

(a) Maintain a contact list of individuals and organizations who wish to be notified about local board meetings at which proposed changes to the locations of polling places will be discussed; and

(b) Enable individuals and organizations to register for the contact list.

(2) At least 14 days before the meeting required by §A of this regulation, the local board shall provide written notice of the meeting to:

(a) Each individual and organization on the contact list; and

(b) The following elected officials:

(i) County Executive or Mayor of Baltimore City, if applicable;

(ii) County Commissioner or County Council member elected by voters in the precinct or precincts with the current polling place and proposed polling place;

(iii) Each Municipal Council member elected by voters in the precinct(s) with the current polling place and proposed polling place; and

(iv) Member of the General Assembly elected by voters in the precinct or precincts with the current polling place and proposed polling place.]

(1) Each local board shall maintain a contact list of individuals and organizations who wish to be notified about local board meetings at which an election plan or any proposed changes to the locations of polling places will be discussed.

(2) Each local board shall make available in a conspicuous location on its website:

(a) Information about the contact list in §B(1) of this regulation, including:

(i) A statement that the purpose of the list is to provide notice about local board meetings where an election plan or proposed change to a location of a polling place will be considered, in fulfillment of this regulation and COMAR 33.01.08.04(a).

(ii) A statement that by signing up for the list the person will receive notice of any meeting where election plans or polling place changes are considered; and

(iii) How to register for the list.

(b) At least 14 days before a meeting where an election plan or polling place change will be discussed, the proposed election plan or written description of the proposed change in polling place.

(3) At least 14 days before meeting to consider a change of a polling place, the local board shall provide written notice of the meeting to:

(a) Each individual and organization on the contact list; and

(b) The following elected officials who represent the precinct containing either the current polling place location or its proposed location:

(i) The Mayor;

(ii) County Executive;

(iii) County Commissioner;

(iv) County Council member;

(v) Each Municipal Council member; and

(vi) Member of the General Assembly.

C.—D. (text unchanged)

Subtitle 17 EARLY VOTING

33.17.02 Early Voting Centers

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and 10-301.1, Annotated Code of Maryland

.02 Selecting Early Voting Centers.

A. [Considerations] Factors for Location of Early Voting Centers. A local board shall [consider] use the following factors when determining the location of an early voting center:

(1) (text unchanged)

(2) Proximity of the early voting center to dense concentrations of voters such that:

(a) If a county is required by Regulation .01 of this chapter to have one or two early voting centers, 50 percent of the registered voters in the county live within 10 miles of [one of the] a proposed early voting center; or

(b) If a county is required by Regulation .01 of this chapter to have three or more early voting centers, 80 percent of the registered voters live within 5 miles of a [one of the] proposed early voting centers;

(3) (text unchanged)

(4) [Ensuring equitable distribution of early voting centers throughout the county] If a county is required by Regulation .01 of this chapter to have four or more early voting centers, ensuring equitable geographic distribution of early voting centers throughout the county;

(5) [Maximizing voter participation, including through the use of] Use of community centers and public gathering places as locations for early voting centers;

(6)—(7) (text unchanged)

B. (text unchanged)

C. Form for Proposed Early Voting Center.

(1) The State Board shall:

(a) (text unchanged)

(b) Provide each local board with the form at least [1 year] 9 months before a primary election.

(2) Form Submission for Early Voting Center.

(a)—(b) (text unchanged)

(c) A local board shall submit early voting center proposal forms together with all other information required for the election plan in COMAR 33.01.08.01.

D. Contents of Form. The form shall include questions related to whether the proposed early voting center meets the [considerations] factors and requirements defined in §§A and B of this regulation.

E.—G. (text unchanged)

[H. Approval of Early Voting Centers.

(1) Upon receipt of a form for a proposed early voting center, the State Administrator shall review and make a recommendation to the State Board as to whether to accept or reject the proposed early voting center.

(2) The State Board shall:

(a) Vote on a local board's proposed early voting center within 30 days of receipt of the form required in §C of this regulation; and

(b) Give deference to a proposed early voting center for which a local board considered the factors required in §A of this regulation and the requirements of §B of this regulation; and

(c) Within 2 days after its vote on a proposed early voting center, notify the local board of this outcome of the State Board's vote.

(3) Upon approval by the State Board, a local board shall include in its disaster recovery plan the name, address, and contact information for the early voting center.]

H. Optional Early Voting Centers.

(1) In addition to the early voting centers required in this subsection, each county may establish one additional early voting center if:

(a) First, the local board and the governing body of the county agree to establish an additional early voting center; and

(b) Then, the State Board approves the establishment of the additional early voting center.

(2) In approving an additional early voting center, the governing body of the county must acknowledge the following in writing:

(a) The approval of the additional center is for the next Statewide election cycle, unless the governing body specifies approval for all future elections; and

(b) Once approved for the next Statewide election cycle, that approval cannot be rescinded.

(3) In approving an additional early voting center, the State Board shall consider the requirements of §B of this regulation, but need not consider the factors in §A of this regulation.

I. Use of a Public Building. If a local board proposes to use a public building as an early voting center, the local board shall give written notice of intent to the public official with responsibility for the public building.

[I.] J. (text unchanged)

JARED DEMARINIS
State Administrator

Title 36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

Subtitle 10 SPORTS WAGERING PROVISIONS

36.10.13 Sports Wagering Licensee Minimum Internal Control Standards

Authority: Education Article, §§10-101 and 26-801; State Government Article, §§9-1A-02, 9-1A-04, 9-1A-33, 9-1E-01—9-1E-15; Annotated Code of Maryland

Notice of Proposed Action

[25-164-P]

The Maryland State Lottery and Gaming Control Agency proposes to amend Regulation .39 under COMAR 36.10.13 Sports Wagering Licensee Minimum Internal Control Standards. This action was considered June 26, 2025.

Statement of Purpose

The purpose of this action is to reduce the cap for deductible promotional play for mobile sports wagering licensees from 20 percent to 5 percent of the proceeds from the prior fiscal year. This change does not apply to sports wagering facility licensees, the retail sports wagering establishments.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action has an economic impact. Mobile sports wagering licensees benefit from a tax break as they are able to deduct 20 percent of promotional play credits from revenues generated by mobile sports wagering activities. Decreasing the percentage of promotional play a licensee may deduct could impact the proceeds a licensee receives.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:
Maryland State Lottery and Gaming Control Agency	(R-)	Nominal
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
Mobile Sports Wagering	(-)	Nominal
E. On other industries or trade groups:	NONE
F. Direct and indirect effects on public:	NONE

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

A. The MLGCA recognizes there could be an impact on mobile sports wagering revenues as less promotional play will be offered; however, revenues from mobile sports wagering have been growing and it is difficult to determine whether this is the result of promotional play for new players or continued use by existing players. The impact could be nominal.

D. The MLGCA recognizes there could be an impact on mobile sports wagering revenues as less promotional play will be offered; however, revenues from mobile sports wagering have been growing and it is difficult to determine whether this is the result of promotional play for new players or continued use by existing players. The impact could be nominal.

Economic Impact on Small Businesses

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

The extent of the proposed action on small businesses cannot be determined as mobile sports wagering can be conducted anywhere an individual has a mobile phone.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jennifer Beskid, Director Legislation and Policy, Maryland State Lottery and Gaming Control Agency, 1800 Washington Boulevard, Suite 330, Baltimore, MD 21230, or call 443-571-4390, or email to [email protected]. Comments will be accepted through September 22, 2025. A public hearing has not been scheduled.

.39 Promotional Play.

A.—E. (text unchanged)

F. Limitation on Free Promotional Play.

(1) (text unchanged)

(2) After the first full fiscal year of a sports wagering facility licensee’s operations, the amount of money given away as free promotional play in a fiscal year may not exceed [a percentage of the licensee’s proceeds received in the prior fiscal year that equates to] 20 percent of total sports wagering proceeds that the sports wagering facility licensee generated in the prior fiscal year.

(3) (text unchanged)

(4) After the first full fiscal year of a mobile sports wagering licensee’s operations, the amount of money given away as free promotional play in a fiscal year may not exceed 5 percent of total sports wagering proceeds that the mobile sports licensee generated in the prior fiscal year.

(5) After the first full fiscal year of sports wagering activity, the 5 percent cap specified under §F(4) of this regulation includes only mobile sports wagering revenues generated by the licensee.

[(4)] (6) An amount of money given away as free promotional play in a fiscal year exceeding the percentage of the sports wagering licensee’s proceeds of the prior fiscal year defined in §F(2) or (4) of this regulation [of the sports wagering licensee’s proceeds of the prior fiscal year] shall be allocated as proceeds.

G. No later than 90 days after the end of the fiscal year, all sports wagering licensees shall submit to the Commission a written:

(1) (text unchanged)

(2) Recommendation for any adjustment to the limitation of free promotional play during established under §F(2) or (4) of this regulation.

H. (text unchanged)

JOHN MARTIN
Director

Special Documents

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