Title 03
COMPTROLLER OF THE TREASURY

Subtitle 06 SALES AND USE TAX

Notice of Proposed Action

[25-295-P]

The Comptroller of the Treasury proposes to:

(1) Amend Regulations .01, .03, .05, .07, .08, .11, .21, .25, .28, and .47, and adopt new Regulations .48, .49, and .50 under COMAR 03.06.01 Sales and Use Tax; and

(2) Amend Regulation .02 under COMAR 03.06.03 Administrative and Procedural Regulations Sales and Use, and Admissions and Amusement Taxes.

Statement of Purpose

The purpose of this action is to reflect changes to Maryland s sales and use tax laws based upon legislation passed by the General Assembly in 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 Krista Sermon, Deputy Director - Legal Division, Comptroller of the Treasury, P.O. Box 2983, Annapolis, MD 21404, or call 410-260-7319, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

03.06.01 Sales and Use Tax

Authority: Tax-General Article, 2-102, 2-103, 11-102, 11-104, 11-105, 11-206, 11-245, 11-502, and 11-504, Annotated Code of Maryland

.01 Personal, Professional, or Insurance Services.

A. (text unchanged)

B. Purchases.

(1) (text unchanged)

(2) A person providing taxable services shall pay tax on purchases of materials, supplies, tools, equipment, [and] digital codes [or], digital products, and taxable services used by the person.

(3) [but] A person providing taxable services may, however, issue a resale certificate for the purchase of:

(a) [tangible] Tangible personal property, digital codes, or digital products transferred as part of a taxable service if the person has not used the tangible personal property, digital codes, or digital products and the tangible personal property, digital codes, or digital products are resold in unchanged form; and

(b) [taxable] Taxable services that the person has not used and that are resold in unchanged form. [For example, a]

(4) Examples.

(a) A janitorial company may purchase paper towels tax-free by issuing a resale certificate if those towels are used to stock the bathroom of a customer receiving taxable cleaning services. The janitorial company shall pay tax on its purchase of cleaning agents which the janitorial company uses to clean the bathroom of a customer receiving taxable cleaning services.

(b) A web hosting company may rent server space from a cloud storage company tax-free by issuing a resale certificate if the server space is used to provide cloud storage for a customer purchasing web hosting services and the web hosting company has made or makes no use of the server space being resold.

C. Sales.

(1) If a person providing personal, professional, or insurance services also makes independent sales of tangible personal property, digital codes,[ or] digital products, or taxable services, that person shall collect and remit the sales and use tax on those sales unless a specific statutory exemption applies.

(2) Examples of sales subject to tax are sales of [packaged]:

(a) Packaged cosmetics, hair tonics, and lotions sold by barbers and beauticians.

(b) A web design service by a graphic design company that is sold independently from the sale of a nontaxable logo design service.

.03 Repairs of Tangible Personal Property, Digital Codes, [and] Digital Products, and Taxable Services.

A. General.

(1) The charge for labor to repair or alter existing tangible personal property, a digital code, or a digital product belonging to another for the purpose of restoring the property, digital code, or digital product to its original condition or usefulness is not subject to tax, unless the labor constitutes a taxable service described in Tax General Article, 11 101(m), Annotated Code of Maryland.

(2) (text unchanged)

B. Persons engaged in repairing tangible personal property, digital codes, [or] digital products, or taxable services of others for a consideration may handle the sales and use tax on their transactions in either of the following ways:

(1) If separate charges are made for materials incorporated in the property, digital code, [or] digital product, or taxable service being repaired, the tax shall be applied to the charges for the materials. The resale exclusion may be claimed on purchases of materials transferred to customers under these circumstances, so long as the person transferring the materials made no use of them.

(2) If separate charges are not made for materials incorporated in the property, digital code, [or] digital product, or taxable service being repaired, that is, the repair [is] and materials used in repair are charged for on a lump-sum basis, the tax may not apply to any portion of the charge to the customer. The resale exclusion may not be claimed on purchases of materials transferred to customers under these circumstances. A person making a repair of tangible personal property, a digital code, [or] a digital product, or a taxable service who charges for the repair and materials used in repair on a lump-sum basis shall pay the tax on purchases of materials used in performing the repair. The taxability of purchases for lump-sum contracts is not affected by the fact that the person for whom the repair work is performed would not have been required to pay the tax on a separately stated charge for materials.

C. Maintenance Contracts.

(1) The tax does not apply to a charge for a maintenance contract unless it is required to be purchased as a condition of a sale of other tangible personal property, digital code, [or] digital product, or taxable service.

(2) (4) (text unchanged)

D. Persons engaged in repairing tangible personal property, digital codes, [or] digital products, or taxable services shall pay the tax on all purchases of equipment, tools, consumables, taxable services, and other materials used in performing the repair work which are not transferred to customers, without regard to the method of billing employed.

E. The circumstances under which resale certificates may be issued by persons engaged in repairing tangible personal property, digital codes, [or] digital products, or taxable services who utilize both separately stated materials and lump-sum charge bases for those repairs are set forth in Regulation .07 of this chapter.

F. (text unchanged)

.05 Food for Human Consumption.

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

(1) (7) (text unchanged)

(8) ["Snack food" means:

(a) Potato chips and sticks;

(b) Corn chips;

(d) Cheese puffs and curls;

(e) Pork rinds;

(f) Extruded pretzels and chips;

(g) Popped popcorn;

(h) Nuts and edible seeds; or

(i) Snack mixtures that contain one or more of the foods listed in A(8)(a) (h) of this regulation.] Cannabis products means products that are composed of cannabis, cannabis concentrate, cannabis extract, or other ingredients and are intended for use or consumption, including cannabinoid beverages, edible products, oils, and tinctures.

(9) Food does not include

(a) Cannabis as defined in the Alcoholic Beverages and Cannabis Article, 1 101, Annotated Code of Maryland; or

(b) Cannabis products.

B. Sales of food for human consumption are not subject to the tax in the following circumstances:

(1) (10) (text unchanged)

(11) Sales of food by a nonprofit food vendor if there are no facilities for food consumption on the premises, unless the food is sold within an enclosure for which a charge is made for admission; or

[(12) Sales of snack food through a vending machine; or]

[(13)] (12) (text unchanged)

C. D. (text unchanged)

.07 Sales Where It Is Impractical to Establish the Amount of Property or Service to Be Resold.

A. [If,]Except as provided in D of this regulation, if at the time of a sale, it is impractical for the buyer to establish the actual amount of the property, digital code,[ or] digital product, or taxable service being purchased which is to be resold, the tax shall be paid on the entire amount of the sale, either if the buyer has reason to believe that a majority of the tangible personal property, digital code,[ or] digital product, or taxable service will not be resold, or if the buyer cannot determine whether or not a majority of the tangible personal property, taxable service, digital code, or digital product will be resold. If any portion of the property is later resold without having first been used by the buyer, the buyer may apply for a refund of the taxes attributable to this property, digital code,[ or] digital product, or taxable service within 4 years of the date of purchase.

B. If no tax is paid upon the purchase of tangible personal property, digital codes,[ or] digital products, or taxable services pursuant to A of this regulation, the buyer shall include the cost of that portion converted to the buyer's personal use as a purchase subject to the sales and use tax on the return to be filed for the period in which the property was converted.

C. The procedure described in B shall also be followed by any person who purchases tangible personal property, digital codes,[ or] digital products, or taxable services for resale without paying the tax, and who subsequently converts the property, digital codes, digital products, or taxable services to personal use.

D. A buyer who provides a vendor with a multiple points of use certificate which includes a resale to a related entity as provided for in Regulation .49 of this chapter may not apply for a refund based on a claim that it was impractical at the time of purchase to establish the amount of property to be resold.

.08 Taxable Price Defined.

A. The sales and use tax is computed on the taxable price of a transaction subject to the tax. The term taxable price is broadly defined by statute to include, with certain specific exceptions, the total consideration for the transaction, which may be either in the form of money, rights, property, promises, or anything else of value, or by exchange or barter. The total monetary value of the consideration, that is, of all those things which in fact are, or are promised to be, paid or delivered by or on behalf of the purchaser, to or on behalf of the vendor in the consummation and complete performance of a sale, whether or not the vendor receives any benefit from them, constitutes the price on which the tax is to be computed. Deductions are not permitted for any expense or cost, including the cost of any labor or service rendered, any material used or any property, digital code, or digital product sold regardless of how any contract, invoice or other evidence of the transaction is stated or computed, except for those items specifically described in D, or in Regulation .10 with respect to certain utilities or Regulation .28 with respect to leases.

B. Components of Taxable Price Examples.

(1) The following illustrate some items which might appear as a separate amount in the vendor's computation of a bill that nevertheless are a part of the taxable price , and which therefore may not be deducted before computation of the tax:

(a) (e) (text unchanged)

(f) Any charges for warranties, maintenance or service agreements, or insurance coverage required by the vendor to be taken as a condition of the sale. If the sale could be consummated without the payment of these charges, the charges, unless for a taxable service as described in Tax-General Article, 11-101(m), Annotated Code of Maryland, are not part of the taxable price if separately stated. For example, if the lessee of an automobile who has a contractual obligation to return the automobile undamaged may elect to purchase insurance protecting the lessee against the possibility of having to pay for damages, but need not purchase this insurance in order to lease the vehicle, a separately stated charge for this insurance is not part of the taxable price.

(g) (h) (text unchanged)

(2) The following illustrate some forms of consideration [which] that might be tendered by or on behalf of the buyer, the values of which are a part of the "taxable price" and [which] therefore may not be deducted before computation of the tax:

(a) The transfer, whether in the nature of a trade-in , return, exchange, or otherwise, of anything to the vendor, regardless of whether the buyer may have paid any tax on acquisition of the item or service transferred or whether, in the case of a return or exchange, the buyer may be entitled to any refund of tax previously paid.

(b) (d) (text unchanged)

C. (text unchanged)

D. Each of the following items, if made in connection with the sale and clearly identified with the consideration stated separately from any other item by documentary evidence in existence and made known to the buyer at the time of sale, is not a part of the taxable price and is therefore deductible from the total consideration before computation of the tax:

(1) (text unchanged)

(2) A charge for a professional service, except for a taxable service.

(3) (10) (text unchanged)

.11 Printing.

A B. (text unchanged)

C. Sales to a Person Engaged in Printing [and Sales of Photographic Materials].

(1) (text unchanged)

[(2) The sale of photographic material to any person for the production of an item used in composition or printing or in the production of another item used in printing is not subject to tax. Photographic material includes radiant energy sensitive material susceptible of accepting a photographic or similar image, such as film, a negative, or a presensitized plate, a substance which causes other material to have this property, such as a sensitizer, a substance which, when applied to material which has been exposed to radiant energy, causes a further change to that material, such as developer, and a substance which causes a stabilization of that material, such as gum lacquer.]

[(3)] (2) A sale of artwork, hand or machine compositions, lithographic plates or negatives, or typographies, whether in tangible or digital form, to a person engaged in the printing of tangible personal property for sale and for direct use by the person to produce that property for sale is exempt from the tax. The following apply:

(a) (b) (text unchanged)

.21 Time of Collection.

A. A sale is a transaction for the present or future transfer of title or possession of tangible personal property, a digital code, or a digital product or for the performance of [certain] taxable services, for a consideration, and the tax imposed on a retail sale applies when the transaction is entered into, regardless of when the consideration is to be paid, the tangible personal property, digital code, or digital product is to be delivered, or the services are to be performed. Except as provided by this regulation or for a rental, [or] lease, subscription, or license for use, the vendor shall collect the tax from the buyer when the sale occurs.

B. Exception for Certain Credit or Installment Sales.

(1) If a vendor makes a credit or installment sale of tangible personal property, taxable services, digital codes, or digital products which the vendor must manufacture, design, create, custom-alter, or order from a third party, collection of the tax may be deferred at the option of the vendor until the property, digital code, [or] digital product, or taxable service is delivered. Among other things, this exception does not apply to a sale, such as a lay-away sale, when delivery of existing property in the possession of the vendor is delayed pending full payment.

(2) The vendor may not defer collection of the tax beyond the time of full payment for or delivery of the property, taxable service, digital code, or digital product, whichever occurs first. A vendor obligated to make more than one delivery as a result of a single sale of property, services, digital codes, or digital products which the vendor must manufacture, design, create, custom-alter, or order from a third party may defer collection of the tax on the portion of the price attributable to each delivery until payment of that portion of the price or the date of that delivery, whichever occurs first.

(3) (text unchanged)

(4) The authority to defer collection of the tax created by this section does not affect the nature or amount of the vendor's or buyer's liability as created at the time of entering into a transaction[,] but only affects the time of collection of the tax. [Thus, for example]

(a) If a change in the tax rate occurs between the time of sale and the time of delivery of tangible personal property, a digital code, a digital product, or a taxable service, [a change in the rate of tax should occur], the original tax rate [of tax] shall apply.

(b) If the sale of the tangible personal property, digital code, digital product, or service is not taxable at the time the sale occurs, the sale does not become taxable if the tangible personal property, digital code, digital product, or service becomes taxable after the sale but before the items or services are delivered.

(c) If the sale of the tangible personal property, digital code, digital product, or service is taxable at the time the sale occurs, the sale is taxable even if the tangible personal property, digital code, digital product, or service would not be taxable at the time the items or services are delivered.

(5) Examples.

(a) Example 1. A contract for the sale of tangible personal property is entered into on June 10. The contract states the property is to be delivered July 10, and requires a single payment due by August 10. Effective July 1 the same year, the rate of sales and use tax on the tangible personal property increases from 5 percent to 6 percent. The vendor is required to collect the tax on the transaction at the 5 percent rate that is in effect on June 10. The tax must be collected no later than the delivery date, July 10.

(b) Example 2. A contract for the sale of tangible personal property is entered into on June 10. The contract states the property is to be delivered July 10 and requires a single payment due by August 10. Effective July 1 the same year, the tangible personal property is exempt from the sales and use tax. The vendor is required to collect the tax on the transaction at the rate that was in effect on June 10. The tax must be collected no later than the delivery date, July 10.

(c) Example 3a. A contract for the sale of computer systems integration design consulting services is entered into on January 1, 2025. Services are to be delivered over a negotiated period of 5 years, from March 1, 2025, through February 28, 2030. The contract states the total price for the services is $5,000,000 to be paid in installments upon completion of milestones as defined by the contract. At the time of sale, computer systems integration design consulting is a nontaxable service. Computer systems integration design consulting becomes taxable effective July 1, 2025. Although some installment payments are made after the change in the taxability of the service, taxability for this contract is determined as of the date of sale, which is January 1, 2025. Because the service was not taxable at the date of sale, no sales and use tax is due on any of the installment payments.

(d) Example 3b. Assume the facts in Example 3a, except the January 1, 2025 contract also includes an option for additional data or information technology services at a set price and an option for an additional period at a set price. Prior to February 28, 2030, the buyer exercises the rights to the additional services and additional years. Because the terms for the optional additional services and additional period were agreed upon and included in the January 1, 2025 contract, the additional services and additional period retain their status as nontaxable as determined as of the date of sale, which is January 1, 2025.

(e) Example 3c. The parties from Example 3a effectuate a change order on December 1, 2025, contracting for additional data or information technology services not included in the January 1, 2025 contract. The change order adds $2,500,000 to the contract price and the payment of the $2,500,000 be based on additional milestones not included in the original contract. Although the installment payments made pursuant to the January 1, 2025 contract are not subject to the sales and use tax, the December 1, 2025 change order constitutes a new sale. The new sale is subject to the sales and use tax in effect on the date of sale, which is December 1, 2025. The vendor is required to collect the tax on milestone installment payments made for the services included in the change order.

(f) Example 4. A contract for a subscription cloud storage service is initially entered into for a period from June 10, 2025 through July 9, 2025. Effective July 1, 2025, the cloud storage service becomes taxable. The subscription contract requires advance payments, gives the subscriber access to the service for a 1-month period, and is renewable thereafter on a monthly basis. Each subscription payment period is considered a separate lease, and thus a separate sale, for the purpose of determining when the tax is to be collected or paid. Because the cloud storage service is not subject to the sales and use tax as of June 10, 2025, no tax is due on the June 10, 2025 through July 9, 2025 subscription payment. Because the cloud storage service becomes subject to the sales and use tax on July 1, 2025, the tax is due on the July 10, 2025, through August 9, 2025, subscription payment and any subsequent monthly subscription payments for continued access.

.25 Transactions in Interstate Commerce.

A. D. (text unchanged)

E. Taxable Services.

(1) The sale of a digital code, digital product, data or information technology service, a software publishing service, or a taxable service described in Tax-General Article, 11-101(m)(14) and (15), Annotated Code of Maryland is presumed to be made in the state in which the customer tax address is located.

(2) If a seller located outside the State delivers a taxable service within the State, the tax applies if the seller is an out-of-state vendor under Regulation .33 of this chapter.

.28 Lease of Tangible Personal Property, Digital Codes, Digital Products, Data or Information Technology Services, and Software Publishing Services.

A. In this regulation, lease means:

(1) The transfer of possession, absolutely or conditionally by any means, of tangible personal property, digital codes, or digital products for a consideration, by way of lease, rental, royalty agreement, or grant of a license for use[, referred to in this regulation as a "lease",]; and

(2) A license for use of a data or information technology service or a software publishing service as defined in Regulation .48 of this chapter.

B. Lease is included within the statutory definition of the term "sale" and is thus subject to the tax in the absence of a specific exemption or exclusion.

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

E. The tax applies to the entire lease payment if the property, digital code, digital product, or taxable service acquired by lease is used within the State at any time during that lease payment period regardless of where the lease was transacted or possession of the property, the digital code, or the digital product was taken, or where the taxable service was delivered.

[D.] F. (text unchanged)

[E.] G. Service Charges.

(1) In this section, nontaxable service means any service other than a taxable service as defined in Tax-General Article, 11-101(m), Annotated Code of Maryland.

[(1)] (2) The tax applies to the entire lease payment if a charge for lease or rental of tangible personal property or digital products includes a charge for a nontaxable service, whether the charge for a nontaxable service is separately stated or not, if the dominant purpose of the transaction is to obtain the tangible personal property or digital product and the nontaxable service is a mandatory charge imposed by the vendor as a condition of renting the item or is incidental and is not the dominant purpose of the transaction. For example, a charge for the lease of a portable toilet that includes a mandatory charge for cleaning is subject to the tax whether the cleaning charge is separately stated or not. The dominant purpose [for] of the lease of the toilet is to provide a specific item of tangible personal property and not to provide cleaning or servicing of the toilet. Separately stated charges for the nontaxable services enumerated in [ F(2)] H(2) of this regulation are excluded from taxable price.

[(2)](3) The tax does not apply to a charge for a nontaxable service that includes a charge for lease or rental of tangible personal property or digital product, whether the charge for the tangible personal property or digital product is separately stated or not, or whether the charge is mandatory or not, if the dominant purpose of the transaction is to obtain a nontaxable service, and the provision of the tangible personal property or digital product is incidental to the nontaxable service. For example, a charge for trash removal service where a trash receptacle is provided in conjunction with the trash removal service is not a taxable lease of tangible personal property. The dominant purpose of the lease is to remove trash from a premise and not to lease a trash receptacle.

(4) The tax applies to the entire lease payment if a charge for a lease of a taxable service includes a charge for a nontaxable service if the charge for the nontaxable service is not separately stated, if the dominant purpose of the transaction is to obtain the taxable service, and the nontaxable service is a mandatory charge imposed by the vendor as a condition of, or incidental to, receiving the taxable service and not the dominant purpose of the transaction. For example, a vendor charges a software developer for publishing a non-custom software application, which is a taxable software publishing service, and includes a charge for customer support, which is a nontaxable service. The dominant purpose for the lease of the software publishing service is to provide the software to end users, not to provide customer support. The entire lease payment is subject to the sales and use tax if the charge for customer support is not separately stated.

(5) The tax does not apply to a charge for a lease of a nontaxable service that includes a charge for a lease of a taxable service that is not separately stated, if the dominant purpose of the transaction is to obtain the nontaxable service, and the provision of the taxable service is incidental to the nontaxable service.

[F.] H. Computation of Tax.

(1) The tax applies to the value in money of the consideration of any kind required to be paid to the lessor under the terms of the lease, except as provided in [ E(2)] G(3) of this regulation. Included in the taxable price are charges for required maintenance or required insurance agreements, reimbursement for registration fees, taxes, and other expenses of the owner, passed on to the lessee, and all charges for an operator of leased equipment including waiting time, overtime, guaranteed time, travel time, and holiday pay.

(2) The following charges, if separately stated and identified, are not a part of the taxable price:

(a) (text unchanged)

(b) Charges for professional services, unless the services are taxable services;

[G.] I. [A] Except as provided in Regulation .49 of this chapter, a person who buys tangible personal property [or], a digital code, a digital [products]product, or a taxable service for the dual purpose of leasing it to others and also for personal use, or who buys tangible personal property [or], a digital code, a digital product, or a taxable service with the sole intention of leasing it but in fact also employs the property or digital product for personal purposes, shall pay the tax on the purchase price and shall also collect the tax on all leases. The fact that the buyer may simultaneously or subsequently offer this property or digital product for outright sale does not create an exemption for the original purchase.

.47 Cannabis.

A. Scope. This regulation applies to all businesses required to be licensed or registered by the Maryland Cannabis Administration, including growers, micro growers, processors, microprocessors, incubator space operators, dispensaries, micro dispensaries, on-site consumption establishments, nurseries, and delivery services.

B. Definitions.

(1) (text unchanged)

(2) Terms Defined.

(a) (text unchanged)

(b) Cannabinoid beverage has the meaning stated in Alcoholic Beverages and Cannabis Article, 36 101, Annotated Code of Maryland;

(c) Cannabis business means a cannabis business that is licensed under Alcoholic Beverages and Cannabis Article, Title 36, Annotated Code of Maryland.

(d) Cannabis nursery means a cannabis nursery that is registered under Alcoholic Beverages and Cannabis Article, Title 36, Annotated Code of Maryland.

[(b)](e) [(d)](g) (text unchanged)

C. (text unchanged)

D. Exemptions.

(1) Sales Between Cannabis Businesses.

(a) Subject to D(1)(b) and (c) of this regulation, the sales and use tax does not apply to the retail sale of cannabis between cannabis businesses [that are licensed under Alcoholic Beverages and Cannabis Article, Title 36, Annotated Code of Maryland] or between cannabis businesses and cannabis nurseries.

(b) (e) (text unchanged)

(2) (text unchanged)

E. Clarifications.

(1) (text unchanged)

(2) Notwithstanding the exemption from sales and use tax for certain food, the sale of food or edible products containing cannabis or cannabinoid beverages shall be subject to the sales and use tax rate applicable to cannabis under Tax-General Article, 11-104(k), Annotated Code of Maryland.

.48 Data or Information Technology Services and Software Publishing Services.

A. Definitions.

(1) In this regulation, the following terms have the meaning indicated.

(2) Terms Defined.

(a) Buyer has the meaning stated in Tax-General Article, 11-101(b), Annotated Code of Maryland.

(b) Cloud computing means a service that enables on-demand, self-service network access to a shared pool of configurable computer resources, including data storage, analytics, commerce, streaming, e-mail, document sharing, and document editing.

(c) Customer tax address has the meaning stated in Tax-General Article 11-101(c-1), Annotated Code of Maryland.

(d) Data or information technology service means services described under NAICS sectors 518, 519, and subsector 5415.

(e) Emerging technology development area means the University of Maryland s Discovery District located in Prince George s County.

(f) NAICS means the North American Industrial Classification System, United States Manual, 2022 Edition, published by the United States Office of Management and Budget.

(g) Services described under NAICS subsector 5132 means:

(i) Applications development and publishing (except on a custom basis);

(ii) Computer software publishing and reproduction;

(iii) Gaming site publishing;

(iv) Mobile applications development and publishing (except on a custom basis);

(v) Packaged computer applications software;

(vi) Packaged computer operating systems software;

(vii) Packaged computer software publishing;

(viii) Packaged computer utility software;

(ix) Packaged programming language and compiler software publishing;

(x) Packaged software publishing;

(xi) Publishing computer software for games; and

(xii) Software publishing.

(h) Services described under NAICS sector 518 means:

(i) Application hosting (excluding software publishing);

(ii) Automated data processing;

(iii) Cloud computing (except software publishing and computer systems design);

(iv) Cloud storage;

(v) Co-location in data centers (i.e., rental of server and networking space in data centers);

(vi) Computer data storage;

(vii) Computer input preparation;

(viii) Computer time leasing;

(ix) Computer time rental;

(x) Computer time sharing;

(xi) Computing infrastructure provision;

(xii) Computing platform infrastructure provision;

(xiii) Data capture imaging;

(xiv) Data entry;

(xv) Data processing computer services;

(xvi) Data processing (except payroll services, financial transaction processing services);

(xvii) Disk and diskette conversion;

(xviii) Disk and diskette recertification;

(xix) Electronic data processing;

(xx) Game server hosting;

(xxi) Infrastructure as a service (IaaS);

(xxii) Media streaming data storage;

(xxiii) Media streaming technical support;

(xxiv) Microfiche recording and imaging;

(xxv) Microfilm recording and imaging;

(xxvi) Optical scanning;

(xxvii) Platform as a service (PaaS);

(xxviii) Video and audio technical streaming support;

(xxix) Video tape and film stock technical streaming support;

(xxx) Virtual currency (cryptocurrency) mining; and

(xxxi) Web hosting (excluding software publishing).

(i) Services described under NAICS sector 519 means:

(i) Archives;

(ii) Bookmobiles;

(iii) Centers for documentation (i.e., archives);

(iv) Circulating libraries;

(v) Film archives;

(vi) Internet search portals;

(vii) Internet search websites;

(viii) Lending libraries;

(ix) Libraries (except motion picture stock footage, motion picture commercial distribution);

(x) Motion picture film libraries;

(xi) Music archives;

(xii) News clipping services;

(xiii) Press clipping services;

(xiv) Provision of stock photos;

(xv) Reference libraries;

(xvi) Telephone-based recorded information services;

(xvii) Title search services (except real estate); and

(xviii) Web search portals.

(j) Services described under NAICS subsector 5415 means:

(i) Audio visual and IT (information technology) systems integration design;

(ii) CAD (computer-aided design) systems integration design;

(iii) CAE (computer-aided engineering) systems integration design;

(iv) CAM (computer-aided manufacturing) systems integration design;

(v) Computer disaster recovery;

(vi) Computer hardware consulting;

(vii) Computer network systems integration design;

(viii) Computer software consulting;

(ix) Computer systems integration analysis and design;

(x) Computer systems integration design consulting;

(xi) Computer systems integrator;

(xii) Computer software installation;

(xiii) Computer systems facilities (i.e., client s facilities) management and operation;

(xiv) Custom computer application software programming;

(xv) Custom computer program or software development;

(xvi) Custom computer programming services;

(xvii) Custom computer software analysis and design;

(xviii) Custom computer software support;

(xix) Custom search engine optimization (SEO) (except hosting and infrastructure support services);

(xx) Custom software programming;

(xxi) Custom webpage design services;

(xxii) Data processing facilities (i.e., client s facilities) management and operation;

(xxiii) Industrial robot automation applications/software design and development;

(xxiv) Industrial robot programming;

(xxv) Information management computer systems integration design;

(xxvi) Local area network (LAN) computer system integration design;

(xxvii) Machine vision software design and development;

(xxviii) Material handling robot applications/software design and development;

(xxix) Office automation computer systems integration design;

(xxx) Robotics applications/software design and development;

(xxxi) Robotics process automation software design and development; and

(xxxii) Welding robot applications/software design and development.

(k) Qualified Company means a company that contracts with the University of Maryland s Applied Research Laboratory for Intelligence and Security to develop systems and technologies to advance the use of quantum computing.

(l) Qualified Cybersecurity Business means an entity organized for profit that is engaged primarily in the development of innovative proprietary cybersecurity technology or the provision of cybersecurity services.

(m) Retail sale has the meaning stated in Tax-General Article, 11-101(h), Annotated Code of Maryland.

(n) Software publishing service means a system software or application software publishing service described under NAICS subsector 5132.

(o) Taxable price has the meaning stated in Regulation .08 of this chapter.

(p) Vendor has the meaning stated in Tax-General Article, 11-101(o), Annotated Code of Maryland.

(3) Every classification detail under a NAICS sector's or subsector's industry groups, NAICS industries, and national industries includes all listed services, which can be performed together, separately, or in any combination.

B. The sale of data or information technology services or software publishing services in the State are subject to sales and use tax in the State as provided in Tax-General Article, Title 11, Annotated Code of Maryland.

C. Except as provided in Regulation .49 of this chapter, a retail sale of a data or information technology service or software publishing service is presumed to be made in the state in which the customer tax address is located.

D. Application of NAICS sector codes.

(1) Each service the vendor provides must be evaluated individually to determine whether it is a data or information technology service or software publishing service.

(2) A vendor may not rely on the principal business activity code reported on the vendor s annual income tax return to determine whether the services the vendor provides are subject to sales and use tax.

E. A buyer who is registered to remit sales and use tax may present to a vendor a certificate indicating multiple points of use of a data or information technology service or software publishing service as provided in Regulation .49 of this chapter.

F. Exempt Sales.

(1) The sales and use tax does not apply to:

(a) A sale of cloud computing to a qualified cybersecurity business;

(b) A sale of a data or information technology service or software publishing service to a qualified company located in an emerging technology development area made in connection with the work of the company; or

(c) A sale of a data or information technology service or software publishing service by a qualified company in an emerging technology development area.

(2) The exemption in F(1) of this regulation does not apply to any tangible personal property, digital product, digital code, or taxable service sold with the exempt service.

(3) A vendor may accept a signed statement from a buyer certifying the exemption under F(1)(a) or (b) of this regulation applies unless if, at the time of acceptance, the vendor knows or should have known that the exemption does not apply. The vendor shall retain the statement with the record of sale.

(4) If sales and use tax is paid on the sale of a service that qualifies for an exemption, the person paying the tax may apply to the Comptroller for a refund pursuant to COMAR 03.06.03.05.

.49 Multiple Points of Use Certificates.

A. Definitions.

(1) In this regulation, the following terms have the meaning indicated.

(2) Terms Defined.

(a) Affiliated Group has the meaning stated in Internal Revenue Code 1504.

(b) Affiliated Group includes related parties described under Internal Revenue Code 267(b)(10) (12).

(c) Authorized buyer means a buyer authorized by the Comptroller to issue a multiple points of use certificate in accordance with this regulation.

(d) Buyer has the meaning stated in Tax-General Article, 11-101(b), Annotated Code of Maryland.

(e) Data or information technology service has the meaning stated in Regulation .48 of this chapter.

(f) Multiple points of use certificate means a certificate presented by an authorized buyer to a vendor that indicates, in accordance with Tax-General Article, 11-403(e), Annotated Code of Maryland, that a digital code, digital product, taxable data or information technology service or software publishing service will be concurrently available for use by the buyer or a related entity both in the State and outside of the State.

(g) Related entity means a member of an affiliated group or a related pass-through entity of which the buyer is also a member.

(h) Related Pass-Through Entities means one or more pass-through entities connected through ownership with a common parent pass-through entity but only if the common parent:

(i) Possesses at least 80 percent of the total voting power of the total value of the pass-through entity; and

(ii) Has a value equal to at least 80 percent of the total value of the pass-through entity.

(i) Software publishing service has the meaning stated in Regulation .48 of this chapter.

(j) Vendor has the meaning stated in Tax-General Article, 11-101(o), Annotated Code of Maryland.

B. Multiple Points of Use Certificate Requirements.

(1) To issue a multiple points of use certificate, a buyer must:

(a) Be registered with the Comptroller for a sales and use tax account before requesting authorization to issue a multiple points of use certificate;

(b) Submit to the Comptroller a separate request for authorization to issue a multiple points of use certificate for each transaction in which the buyer intends to use a multiple points of use certificate.

(c) Be authorized by the Comptroller to issue a multiple points of use certificate; and

(d) Deliver a multiple points of use certificate, in the form and manner required by the Comptroller, to the vendor at or before the time of purchase.

(2) The Comptroller may deny a buyer s request for authorization to issue a multiple points of use certificate for reasonable cause, including but not limited to the buyer s fraud, gross negligence, misuse of a multiple points of use certificate, or delinquency in the payment of undisputed sales and use tax.

C. A buyer who is authorized by the Comptroller may issue a multiple points of use certificate for the purchase of a digital code, digital product, data or information technology service, or software publishing service if, at the time of the purchase, the buyer knows the digital code, digital product, data or information technology service, or software publishing service will be:

(1) Concurrently available for use by the buyer both in the State and outside of the State; or

(2) Resold in its original form to at least one related entity for use both inside and outside of the State.

D. Buyer s Obligation to Pay or Remit Sales and Use Tax.

(1) Except as provided in D(2) of this regulation, a buyer who issues a multiple points of use certificate is required to pay or remit the applicable tax to the Comptroller.

(2) A buyer who issues a multiple points of use certificate with an apportionment determined based on a subsequent resale to a related entity shall:

(a) Assume or absorb the tax due from the related entity; or

(b) Remit the tax due from the related entity if the tax is not paid by the related entity.

(3) A buyer who does not issue a multiple points of use certificate at or before the time of sale, or whose request for authorization to issue a multiple points of use certificate is denied by the Comptroller under B(2) of this regulation may request a refund for sales and use tax paid on the portion of the digital product, digital code, data or information technology service, or software publishing service used outside of Maryland.

E. Vendor s Obligation to Collect, Pay, or Remit Sales and Use Tax.

(1) Except as provided in E(3) of this regulation, a vendor is relieved of the duty to collect, pay, or remit the sales and use tax on the sale of a digital code, digital product, data or information technology service, or software publishing service if the buyer provides the vendor with a completed, authorized multiple points of use certificate.

(2) A vendor shall obtain a multiple points of use certificate from the buyer before or at the time the sale is consummated to support each transaction for which a multiple points of use certificate applies.

(3) A vendor may not accept a multiple points of use certificate at any time, including within the period described in F, or rely on its acceptance of a multiple points of use certificate to relieve the vendor of the obligation to collect and the sales and remit the sales use tax if the vendor:

(a) Failed to verify at or before the time of the sale, using the methods provided by the Comptroller, that the buyer was authorized by the Comptroller to issue the certificate;

(b) Knows or should have known that the sale is not for a digital code, digital product, data or information technology service, or software publishing service; or

(c) Knows or should have known that the sale is not a sale for use in both the State and outside the State.

F. When the Comptroller notifies a vendor of an intent to assess the tax on a transaction for which the vendor does not possess a multiple points of use certificate, the vendor shall have 60 days from the mailing of the notice to obtain the certificate. If the vendor fails to obtain a proper multiple points of use certificate within the 60-day period, the Comptroller's assessment is final.

G. Apportionment.

(1) The apportionment must accurately reflect the primary use location in the State.

(2) A buyer may use any reasonable method of apportionment that is supported by the buyer s records as they exist at the time of the sale.

(3) A buyer s method of apportionment must be:

(a) Consistent; and

(b) Uniform.

H. The multiple points of use certificate must state:

(1) The name of the buyer;

(2) The tax address of the buyer;

(3) The Maryland combined registration number of the buyer;

(4) The name of the vendor;

(5) The address of the vendor;

(6) The estimated date of the sale or, for a subscription, the renewal term;

(7) A general description of the purchase including, for each item in the sale:

(a) Information sufficient to identify the item as a digital product, digital code, data or information technology service, or software publishing service;

(b) The estimated taxable price; and

(c) The percentage of the use allocated to Maryland.

(8) If the digital code, digital product, data or information technology service, or software publishing service is to be resold in its original form to one or more related entities within the State who are expected to remit the use tax to the Comptroller, the certificate must also state for each entity:

(a) The name of the related entity;

(b) The tax address of the related entity;

(c) The Maryland combined registration number of the related entity; and

(d) The estimated taxable price of the digital code, digital product, data or information technology service, or software publishing service resold in its original form to the related entity.

.50 Applicable Rate for Data or Information Technology Services and Software Publishing Services.

A. Definitions.

(1) In this regulation, the following terms have the meaning indicated.

(2) Terms Defined.

(a) Data or information technology service has the meaning stated in Regulation .48 of this chapter.

(b) Software publishing service has the meaning stated in Regulation .48 of this chapter.

B. Notwithstanding Tax-General Article, 11-104(l)(1), Annotated Code of Maryland regarding the sales and use tax rate for data or information technology services or software publishing services, if a different rate could be applied to a sale or use of tangible personal property, a digital code, a digital product, or a taxable service, the higher rate shall apply to the sale.

03.06.03 Administrative and Procedural Regulations Sales and Use, and Admissions and Amusement Taxes

Authority: Tax-General Article, 2-102, 2-103, 11-104, and 11-245, Annotated Code of Maryland Ch. 203, Acts of 2003

.02 Records.

A. E. (text unchanged)

F. If a sale is subject to a multiple points of use certificate, the certificate and all applicable records obtained from the purchaser shall be retained by the vendor.

G. If a sale is subject to a multiple points of use certificate, the buyer shall retain records as they exist at the time of sale supporting:

(1) The apportionment reflecting the primary use location in the State; and

(2) The method of apportionment.

[F.] H. [G.] I. (text unchanged)

[H.] J. The computation of the tax under [ F] I of this regulation is presumptively correct.

BROOKE LIERMAN

Comptroller of the Treasury

Subtitle 12 DIGITAL ADVERTISING TAX

03.12.01 General Regulations

Authority: Tax-General Article, 2-102, 2-103, and 7.5-102, Annotated Code of Maryland

Notice of Proposed Action

[25-290-P]

The Comptroller of the Treasury proposes to amend Regulation .01 under COMAR 03.12.01 Digital Advertising Tax.

Statement of Purpose

The purpose of this action is to provide additional guidance on digital advertising services, revenues from which are subject to the digital advertising gross revenues tax.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action may result in a decrease in digital advertising gross revenues tax.

II. Types of Economic Impact.

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

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

B. The amendments clarify that advertising services on a digital interface that are programmatic and visually conveyed are subject to the tax. Those digital advertising services which are not programmatic or not visually conveyed are not subject to the tax. To the extent that any sellers of digital advertising services previously remitted the tax on services that were not programmatic or visually conveyed, the taxpayer may file an amended return to request a refund of the digital advertising gross revenues tax. In that case, there would be a reduction in revenue distributed to the Blueprint for Maryland s Future Fund. This fund is administered by the State Department of Education. The digital advertising tax returns do not require the taxpayer to itemize advertising transactions; therefore, the Comptroller s Office is unable to reliably estimate the reduction in revenue that may result from the amendments.

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 Krista Sermon, Deputy Director, Legal Division, Comptroller of the Treasury, PO Box 2983 Annapolis, MD 21404, or call 4102607319, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (2) (text unchanged)

(3) [ Digital advertising services: ] Digital Advertising Services.

(a) Digital advertising services means advertising services on a digital interface that are:

(i) Programmatic; and

(ii) Visually conveyed.

[(a)] (b) [Includes] Digital advertising services includes advertisement services on a digital interface, including advertisements in the form of banner advertising, search engine advertising, interstitial advertising, and other comparable advertising services.

[(b)] (c) [Does] Digital advertising services does not include:

(i) [advertisement] Advertisement services on digital interfaces owned or operated by or operated on behalf of a broadcast entity or news media entity as defined in Tax-General Article, 7.5-101, Annotated Code of Maryland[.];

(ii) Any advertising services that are not programmatic; or

(iii) Any advertising services that are not visually conveyed.

(4) [ Digital interface ] Digital Interface.

(a) Digital interface means any type of software, including a website, part of a website, or application, that a user is able to access; and

(b) Can be accessed or conveyed either on or off the Internet.

(5) (text unchanged)

(6) Other comparable advertising services includes the following digital advertising services:

(a) Display advertising;

(b) Internet programmatic video advertising;

(c) Multichannel video programming distributor advertising conveyed via cable television, satellite television, or a digital fiber-optic distribution system;

(d) Advertising on social media;

(e) Native advertising; and

(f) Incentivized or rewarded advertising.

(7) Programmatic.

(a) Programmatic means capable of automating advertising services.

(b) Programmatic digital advertising services may be sold in real time by employing technology that uses computer- or software-driven workflow or machine learning algorithms to deliver advertisements to users based on advertiser-defined parameters, including precise user targeting data such as user:

(i) Geographic locations;

(ii) Types of devices;

(iii) Recent online search behaviors;

(iv) Browsing history;

(v) Shopping history;

(vi) Purchase history; and

(vii) Biographical and other information compiled in databases.

[(6)] (8) (text unchanged)

BROOKE E. LIERMAN
Comptroller of the Treasury

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.04 Oysters

Authority: Natural Resources Article, 4-215 and 4-11A-04, Annotated Code of Maryland

Notice of Proposed Action

[25-263-P-I]

The Secretary of Natural Resources proposes to amend Regulation .17 under COMAR 08.02.04 Oysters.

Statement of Purpose

The purpose of this action is to incorporate by reference Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries (October 2025) . This document designates each public shellfish fishery area (PSFA) located in the Chesapeake Bay and its tidal tributaries and replaces Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries (June 2023) . The document is being incorporated to:

(1) Declassify a portion of PSFA 83 to allow for shellfish aquaculture; and

(2) Make corrections to the buffers of PSFA 152 and PSFA 156.

Leases cannot be located within a PSFA or within 150 feet of a PSFA. However, if a proposed lease area meets certain criteria, the PSFA may be declassified and a lease can be issued in that location. A person may petition the Department to declassify a portion of a PSFA for the purpose of issuance of a commercial shellfish aquaculture lease in conjunction with submission of an application for a lease within a PSFA. The criteria for declassifying a PSFA are not affected by this proposed action and are described in the Code of Maryland Regulations (COMAR) 08.02.04.17.

PSFA 83

The proposed action declassifies a portion of PSFA 83 by modifying the boundaries to exclude an approximately 8-acre portion located in Crab Alley Bay, Queen Anne s County. The declassification was requested in shellfish aquaculture lease application #524 (Lewis, Jr. & Lewis). The proposed lease area is 1.6 acres. In accordance with COMAR 08.02.04.17, the Department evaluated commercial oyster harvest data and conducted a biological survey of the proposed lease and surrounding buffer area. The Department determined that the average density of oysters per square meter within the proposed lease area meets the regulatory criteria that provides for declassification, and the lease application satisfies the requirements of COMAR 08.02.23.03.

Since a lease is not allowed to be located within 150 feet of a PSFA, the proposed declassification includes the leased area (1.6 acres) and the required 150-foot buffer (6.4 acres) around the portion of the leased area that falls within the PSFA. The buffer remains open to oyster harvest following declassification. Once the area is declassified, the Department will issue the shellfish aquaculture lease to the applicants. The shellfish aquaculture operation established at this location will result in rehabilitated oyster bottom that can provide both ecological and economic benefits consistent with the Department s resource management and economic development goals.

PSFA 152

The proposed action modifies the northwestern boundary of PSFA 152 so that it cleanly abuts rather than overlaps the Upper Patuxent Oyster Sanctuary. The PSFA is located in the Patuxent River, Calvert County. The boundaries of the Upper Patuxent Oyster Sanctuary are described in the Oyster Sanctuaries of the Chesapeake Bay and Its Tidal Tributaries September 2010 document, which is incorporated by reference into Maryland regulation (Code of Maryland Regulations 08.02.04.15). The same regulation establishes that a person may not harvest wild oysters from a sanctuary described in that document. By definition, a PSFA is a commercially harvestable area, so the two cannot occupy the same location; therefore the boundary of PSFA 152 was adjusted to eliminate the overlap.

PSFA 156

The proposed action modifies the boundaries of PSFA 156 so that its 150-foot buffer no longer overlaps with shellfish aquaculture leases SM 524 and SM 790. The PSFA is located in Smith Creek, St. Mary s County. PSFAs were initially established in September of 2011 and the law required a 150-foot buffer between all shellfish aquaculture leases and PSFAs. The overlaps were inadvertently created when the PSFA boundaries were originally established.

Shellfish aquaculture lease SM 524 predates the establishment of the PSFAs. During a recent mapping exercise, the Department realized that there was not a full 150-foot buffer between the PSFA and the lease area. The proposed action ensures that there is a full buffer.

Shellfish aquaculture lease SM 790 was issued in 2019 after the area was declassified. However, it was recently discovered that the buffer area was not designated properly. The proposed action ensures that the PSFA and its 150-foot buffer no longer overlap with the shellfish aquaculture lease.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action has a positive economic impact on the Department and the regulated industry.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)		Magnitude
A. On issuing agency:
Maryland Department of Natural Resources	(R+)	$5.60 per year
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
Shellfish Aquaculturists	(+)	Indeterminable
E. On other industries or trade groups:	NONE
F. Direct and indirect effects on public:	NONE

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

A. This action will allow the issuance of a 1.6 acre submerged land lease in the area. The current annual rental rate for a submerged land lease is $3.50 per acre per year (COMAR 08.02.23.03). This will result in an annual increase in revenue of $5.60.

D. The declassification of PSFA 83 will allow the Department to issue a submerged land lease. The lease site will allow for the development of a commercial aquaculture business in the name of the applicants. The direct economic impacts to the applicants are indeterminable. However, because this will be a commercial operation, it is assumed that the applicants will be receiving revenue from the aquaculture activity that is proposed at the site.

Economic Impact on Small Businesses

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

Shellfish aquaculturists and commercial harvesters are considered small businesses.

The declassification of PSFA 83 will allow the Department to issue a submerged land lease. The lease site will allow for the development of a commercial aquaculture business in the name of the applicants. The direct economic impacts to the applicants are indeterminable. However, because this will be a commercial operation, it is assumed that the applicants will be receiving revenue from the aquaculture activity that is proposed at the site.

This action will remove approximately 1.6 acres of bottom from the existing public shellfish fishery areas. The buffer area (6.4 acres) remains open for commercial harvest. The process for declassification of a public shellfish fishery area is set forth in COMAR 08.02.04.17. Resource surveys of the area yielded a density of oysters below the minimum threshold necessary to consider the bottom viable for the commercial oyster fishery. Therefore, removing the acres does not have an economic impact for commercial fishermen.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to PSFA Regulations, Regulatory Staff, Maryland Department of Natural Resources Fishing and Boating Services, 580 Taylor Ave., E-4, Annapolis, MD 21401, or call 410-260-8300, or email to [email protected] or complete the comment form at https://dnr.maryland.gov/fisheries/Pages/regulations/changes.aspx. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

Editor s Note on Incorporation by Reference

Pursuant to State Government Article, 7-207, Annotated Code of Maryland, the Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries (October 2025) has been declared a document generally available to the public and appropriate for incorporation by reference. For this reason, it will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of this document are filed in special public depositories located throughout the State. A list of these depositories was published in 52:2 Md. R. 53 (January 24, 2025), and is available online at www.dsd.maryland.gov. The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

.17 Public Shellfish Fishery Area.

A. Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries [(June 2023)] (October 2025) designates public shellfish fishery areas in the Chesapeake Bay and its tidal tributaries and is hereby incorporated by reference.

B. (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

08.02.05 Fish

Authority: Natural Resources Article, 4-215 and 4-2A-03, Annotated Code of Maryland

Notice of Proposed Action

[25-240-P]

The Secretary of Natural Resources proposes to amend Regulation .24 under COMAR 08.02.05 Spiny Dogfish.

Statement of Purpose

The purpose of this action is to implement area-based commercial gear requirements in the spiny dogfish gill net fishery to reduce bycatch of Atlantic sturgeon. This action is necessary to implement the Atlantic States Marine Fisheries Commission (ASMFC) Addendum VII to the Spiny Dogfish Interstate Fishery Management Plan. Addendum VII has gear restrictions for the Delaware and Maryland Sturgeon Bycatch Reduction Areas.

In August 2024, NOAA Fisheries published a proposed rule (Federal Register notice 89 FR 65576; August 12, 2024) to approve and implement Spiny Dogfish Framework Adjustment 6, as recommended by the Mid-Atlantic and New England Fishery Management Councils. The Councils developed Spiny Dogfish Framework Adjustment 6 in response to a 2021 Biological Opinion and 2022 Action Plan that called for reducing bycatch of Atlantic sturgeon in spiny dogfish gill net fisheries. Atlantic sturgeon harvest has been under a coastwide moratorium in federal and state waters since 1998. The ASMFC Fishery Management Plan for Atlantic Sturgeon maintains the moratorium through at least 2038, and while the 2024 stock assessment update showed signs of improvement, the stock remains depleted coastwide. The proposed rule was approved in December 2024 by NOAA Fisheries and will implement area-based gear requirements in the spiny dogfish gill net fishery to reduce bycatch of Atlantic sturgeon for harvesters that possess a federal spiny dogfish permit.

Currently, harvesters who hold a Maryland Spiny Dogfish Permit, do not possess a federal spiny dogfish permit, and only fish in state waters are not captured by the federal action. Because the specific areas included for additional management span state and federal waters, action is needed by the Department to implement corresponding measures for state-only permit holders to maintain consistency between the federal and interstate fishery management plans. ASMFC developed Addendum VII to ensure consistency with the the Mid-Atlantic and New England Fishery Management Councils Spiny Dogfish Framework Adjustment 6 by applying the overnight soak restrictions for harvesters who have state spiny dogfish permits in Maryland, but do not possess a federal spiny dogfish permit.

The proposed action creates a definition for roundfish gill nets and restrictions for using the nets in State waters of the Atlantic Ocean (0-3 miles from shore). The proposed action requires harvesters that possess a Maryland spiny dogfish permit, who do not have a federal permit and use roundfish gill nets with a mesh size equal to or greater than 5.25 inches and less than 10 inches to remove roundfish gill nets from the water by 8:00 p.m. each day and prohibits them from setting the nets prior to 5:00 a.m. the following day during the time period November 1 through March 31 each year.

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 Spiny Dogfish Regulations, Regulatory Staff, Maryland Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to [email protected] or complete the comment form at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#spiny. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

.24 Spiny Dogfish.

A. B. (text unchanged)

C. Commercial Season and Catch Limits.

(1) (2) (text unchanged)

(3) The commercial catch limits for spiny dogfish shall be established and may be modified through a public notice issued in accordance with [ I] J of this regulation.

(4) The public notice establishing the commercial catch limit issued in accordance with [ I] J of this regulation shall state the catch limit in pounds per vessel per day for an individual:

(a) (c) (text unchanged)

(5) (6) (text unchanged)

D. H (text unchanged)

I. Commercial Gear.

(1) Definition.

(a) In this regulation, the following term has the meaning indicated.

(b) Term Defined. Roundfish gill net means a gill net that is constructed with floats on the float line and that has no tie-down twine between the float line and the lead line.

(2) In waters of the Atlantic Ocean, during the period from November 1 through March 31, a roundfish gill net with mesh size equal to or greater than 5.25 inches and less than 10 inches:

(a) May not be set prior to 5 a.m. each day; and

(b) Shall be removed from the water no later than 8 p.m. each day.

(3) The restriction in I(2) of this regulation applies only to a commercial tidal fish licensee who:

(a) Holds a valid Maryland spiny dogfish permit; and

(b) Does not hold a federal spiny dogfish permit.

[I.] J. General

(1) (4) (text unchanged)

(5) A violation of the restrictions set by the Secretary in accordance with [ I] J of this regulation is a violation of this regulation.

(6) (7) (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.81 Elevator, Escalator, and Chairlift Safety

Authority: Public Safety Article, 12-805(c) Annotated Code of Maryland

Notice of Proposed Action

[25-294-P-I]

The Commissioner of Labor and Industry proposes to amend Regulations .01, .02, and .06 under COMAR 09.12.81, Elevator, Escalator, and Chairlift Safety.

Statement of Purpose

The purpose of this action is to adopt through Incorporation by Reference the latest consensus standards, with amendments for elevators, escalators, platforms,/stairlifts, and wind turbines regulated under the Elevator Inspection Unit. In addition, this proposal clarifies ladder and lighting requirements, deletes chapters on Marine and Mine elevators that are not included in the scope of the authorizing statute, corrects a typo on an electrical code reference, removes newly added door monitoring requirements for existing installations, provides how to safely secure out-of-service elevators, and separately aligns the amount of time that certain records need to be maintained with the adopted code.

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 Mischelle F Vanreusel, Deputy Commissioner, Division of Labor and Industry, 10946 Golden West Drive, Suite 160, or call 410-767-2225, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

Editor s Note on Incorporation by Reference

Pursuant to State Government Article, 7-207, Annotated Code of Maryland, ASME A17.1-2022/CSA B44:22 (Revision of ASME A17.1-2019/CSA B44:19) Safety Code for Elevators and Escalators, and ASME A17.8-2021/CSA B44.8:21 Standard for Wind Turbine Tower Elevators 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 Safety Code for Elevators and Escalators.

A. DD. (text unchanged)

EE. ASME A17.1-2022/CSA B44:22 (Revision of ASME A17.1-2019/CSA B44:19) Safety Code for Elevators and Escalators is incorporated by reference with the following changes:

(1) On page 23, after requirement number 2.2.4.2.2:

(a) Insert an (a) at the beginning of the existing paragraph; and 

(b) Add new section (b) For alterations where obstructions are encountered, the width shall be permitted to be decreased to less than 400 mm (16 in.). The reduced width shall be as wide as the available space permits, but not less than 304.8 mm (12 in.) .

(2) On page 24, add to the beginning of requirement 2.2.5.1, Where access is necessary to service or access elevator equipment, ;

(3) On page 232, delete Section 5.8, Marine Elevators ;

(4) On page 233, delete Section 5.9, Mine Elevators ;

(5) On page 241, under requirement 5.10.1.21.3, replace Article 305 of NFPA 70 with Article 590 of NFPA 70 ;

(6) On page 374, delete requirement 8.6.4.24;

(7) On page 439, under requirement 8.11.1.4, add at the end of subsection (b)(1) by bolting, welding, or dry walling to prevent access to the hoistway. The lowest landing may be sealed from outside the hoistway ; and

(8) On page 439, under requirement 8.11.1.4, add at the end of section (b)(2) by bolting, welding, or dry walling to prevent access to the hoistway. The lowest landing may be sealed from outside the hoistway .

FF. ASME A17.8-2021/CSA B44.8:21 Standard for Wind Turbine Tower Elevators is incorporated by reference.

.02 Safety Standard for Platform Lifts and Stairway Chairlifts.

A. Scope.

(1) (12) (text unchanged)

(13) ASME A18.1-2023 (Revision of ASME A18.1-2020) Safety Standard for Platform Lifts and Stairway Chairlifts is incorporated by reference.

.06 Record Keeping and Filing.

A. Record Keeping.

[(1)] (text unchanged)

[(a)] (1) [(b)] (2) (text unchanged)

[(2) A contractor, owner, or lessee shall retain the records according to A(1) of this regulation for the life of the elevator unit.]

DEVKI K. VIRK

Commissioner of Labor and Industry

Subtitle 22 BOARD OF COSMETOLOGISTS

Notice of Proposed Action

[25-287-P]

The Board of Cosmetologists proposes to:

(1) Amend Regulations .01 and .04, adopt new Regulations .06 and .10, amend and recodify existing Regulations .11, .12, and .15 to be Regulations .13, .14, and .17, and recodify existing Regulations .06, .07, .08, .09, .10, .13, .14, and .16 to be Regulations .07, .08, .09, .11, .12, .15, .16, and .18 under COMAR 09.22.01 General Regulations;

(2) Amend Regulations .03 and .05, adopt new Regulation .07, and amend and recodify existing Regulation .07 to be Regulation .08 under COMAR 09.22.02 Beauty Salons;

(3) Adopt new Regulation .06, amend and recodify existing Regulation .07 to be Regulation .08, and recodify existing Regulation .06 to be Regulation .07 and under COMAR 09.22.03 Schools; and

(4) Amend Regulations .02 and .05 under COMAR 09.22.04 Continuing Education.

This action was considered at public meetings of the Board of Cosmetologists on June 2, 2025, and November 3, 2025.

Statement of Purpose

The purpose of this action is to implement the expanded definition of esthetic services enacted by the General Assembly in SB1044 in April 2024 by defining specific esthetic services authorized by the legislation, and implement the limited license for the provision of eyelash extension services authored by the General Assembly in SB617 in May 2025.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

The proposed amendments will benefit businesses by allowing beauty salons to provide additional services, which may result in additional revenue. Eyelash technicians will have to pay modest licensing fees.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Nicole Fletcher, Executive Director, Board of Cosmetologists, 100 S. Charles Street, Tower I, Baltimore, Maryland 21201, or call 410-230-6190, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

09.22.01 General Regulations

Authority: Business Occupations and Professions Article, Titles 4 and 5; Business Regulation Article, 2-106.13 and 2-106.14; Annotated Code of Maryland; Ch. 256, Acts of 2017

.01 General Requirements.

A. C. (text unchanged)

D. A [senior cosmetologist, cosmetologist, esthetician, nail technician, or makeup artist] licensee operating a barber shop shall comply with all pertinent sanitation regulations contained in COMAR 09.22.02.04 .06.

E. A photography studio [which] that provides hair styling or makeup services as a part of a photo package shall obtain an owner's permit, and the services shall be performed by an authorized licensee.

F. J. (text unchanged)

.04 Esthetician License.

A. An esthetician license authorizes the licensee to engage in providing esthetic services as defined in Business Occupations and Professions Article, [ 5-101(l)] 5-101(o), Annotated Code of Maryland.

B. The term "massaging", as used in Business Occupation and Professions Article, [ 5-101(l)] 5-101(o), Annotated Code of Maryland, means contact with the skin limited to the beautification, cleansing, and embellishment of the skin during the application and removal of skin care products.

C. The term exfoliating as used in Business Occupation and Professions Article, 5-101(o), Annotated Code of Maryland, means to remove dead skin cells, dirt, bacteria, and excess oil from the skin.

D. The term cosmetic microneedling as used in Business Occupation and Professions Article, 5-101(o), Annotated Code of Maryland, means the use of cosmetic, non-medical devices that have needles no longer than 1 mm and are used in a manner that does not penetrate the skin beyond the epidermis.

E. The term toning as used in Business Occupation and Professions Article, 5-101(o), Annotated Code of Maryland, means the cleaning, manipulating and stimulating of skin by use of facials, face masks, and wraps.

.06 Eyelash Extension Technician License.

A. An eyelash extension technician license authorizes the licensee to engage in the practice of applying, removing, cleansing, and maintenance of semi-permanent individual or volume eyelash extensions to enhance the length, curl, fullness, and thickness of natural lashes.

B. Temporary Eyelash Extension Technician License.

(1) The Board may issue a temporary eyelash extension technician license to an applicant who submits an application on or before December 31, 2026.

(2) An applicant for a temporary license shall submit to the Board an application on the form that the Board provides.

(3) To qualify for a temporary license, an applicant shall be at least 17 years old and have completed successfully a ninth grade education or the equivalent.

(4) Applicants for a temporary license are exempt from the training and exam requirements of Business Occupations and Professions Article, 5-305(c) and (h), Annotated Code of Maryland.

(5) The term of a temporary license is 1 year.

(6) The fee for a temporary license is $11.

(7) The Board may issue no more than one temporary license to an individual.

(8) Renewal.

(a) Temporary licenses may be renewed no more than one time for a term of 1 year.

(b) An applicant for the renewal of a temporary license shall submit to the Board an application on the form that the Board provides.

(c) The Board shall not renew a temporary license unless the applicant demonstrates good cause as to why they did not obtain a permanent eyelash technician license and that they are

(i) Enrolled in an eyelash extension course approved by the State Department of Education or the Maryland Higher Education Commission; or

(ii) Registered as an apprentice as provided under Business Occupations and Professions Article, 5-404 and 5-505, Annotated Code of Maryland.

(d) The fee for the renewal of a temporary license is $11.

.10 Eyelash Extension Technician Apprentice Registration.

A. An eyelash extension technician apprentice registration authorizes the eyelash extension technician apprentice to learn all aspects of applying, removing, cleansing, and maintaining semi-permanent individual or volume eyelash extensions to enhance the length, curl, fullness, and thickness of natural lashes.

B. Beginning January 1, 2027, one senior cosmetologist who has completed a Board approved continuing education course regarding eyelash extension services or one licensed eyelash extension technician with 2 years experience as a licensed practitioner shall directly train one apprentice.

C. Before becoming eligible to take the eyelash extension technician examination, an eyelash extension technician apprentice shall:

(1) Train at least 10 hours per week;

(2) Train for not less than 3 or more than 7 months; and

(3) Complete the apprenticeship curriculum approved by the Board.

D. For good cause, the Board may issue a new eyelash extension technician apprentice registration to an individual previously registered as a cosmetologist apprentice or an eyelash extension technician apprentice if:

(1) A minimum of 6 months has passed since the individual was last registered as a cosmetologist apprentice or an eyelash extension technician apprentice; and

(2) The individual surrenders the number of hours earned under any other cosmetologist apprentice or eyelash extension technician apprentice registration.

E. An eyelash extension technician apprentice registration shall be obtained and used only for the purpose of receiving the amount of training required to qualify for a licensing examination given by the Board.

[.11] .13 Examinations.

A. M. (text unchanged)

N. Content of Eyelash Extension Examination.

(1) An eyelash extension examination shall consist of a theoretical and a practical portion.

(2) The theoretical portion of the eyelash extension examination shall consist of questions that relate to the subject of eyelash extensions, including, but not limited to, the following:

(a) Sanitation and safety;

(b) Lash extension types, adhesives, and tools;

(c) Lash anatomy and growth cycles;

(d) Contraindications and allergic reactions; and

(e) Laws and regulations regarding the practice of cosmetology.

(3) The practical portion of the eyelash extension examination shall consist of the candidate demonstrating and explaining:

(a) Lash isolation;

(b) Lash extension application;

(c) Adhesive control;

(d) Lash extension removal;

(e) Client safety measures; and

(f) Sanitation practices.

[.12] .14 Fees.

A. D. (text unchanged)

E. As provided for in Business Regulation Article, 2-106.13 and 2-106.14, Annotated Code of Maryland, and this regulation, the Cosmetologist Board sets the following license and permit fees:

(1) (7) (text unchanged)

(8) Eyelash extension technician $28;

[(8)] (9) [(10)] (11) (text unchanged)

F. G. (text unchanged)

[.15] .17 Citations to Licensees.

Unless otherwise indicated, the following civil penalties are applicable to the following violations of the laws and regulations of the Board of Cosmetologists discovered by a Board inspector during an inspection of a beauty salon:

A. B. (text unchanged)

C. Sanitation:

(1) (2) (text unchanged)

(3) Other:

(a) (dd) (text unchanged)

(ee) Unsanitary manicuring or eyelash extension table or surrounding area $100;

(ff) (hh) (text unchanged)

(ii) Improper procedures when performing eyelash extension services $100;

(jj) Failure to label eyelash adhesive with accurate date of opening or failure to discard eyelash adhesive container within 30 days of opening;

(kk) Any other sanitation violation $50;

D. Unauthorized services:

(1) (3) (text unchanged)

[(4) Glycolic acid formal hearing;]

[(5)] (4) Chemical peels that penetrate the skin beyond the epidermis formal hearing;

[(6)] (5) [(7)] (6) (text unchanged)

F. (text unchanged)

09.22.02 Beauty Salons

Authority: Business Occupations and Professions Article, Title 5, Annotated Code of Maryland

.03 Prohibitions.

The following activities are prohibited in any full service or limited practice salon or in regard to any salon-sponsored services:

A. I. (text unchanged)

J. Unless an individual possesses a valid and appropriate health occupation license issued by the Maryland Department of Health:

(1) The use of lasers, microdermabrasion equipment, or any other mechanical device used to remove one or more layers of skin; [and]

(2) The use of any product or method that causes tissue destruction or penetrates the blood fluid barrier [, including:];

[(a) Chemical peels; and

(b) Glycolic acids.]

(3) Chemical peels that penetrate the skin beyond the epidermis;

(4) Mechanical tissue alteration, including, but not limited to:

(a) Microdermabrasion; and

(b) Electrotherapy;

(5) Contouring or sculpting using cryotherapy, radio frequency, or liposuction;

(6) Any procedure causing ablation of the dermis or hypodermis; and

(7) Any form of skin injections.

.05 Sanitation Requirements Estheticians.

A. (text unchanged)

B. Sanitation Requirements.

(1) (5) (text unchanged)

(6) [Blood] Extraction lancets shall be [wrapped and discarded] cleaned and disinfected immediately after each use.

(7) An EPA-registered disinfectant effective against HIV and hepatitis viruses or a hospital-grade tuberculocidal disinfectant shall be:

(a) (text unchanged)

(b) Changed [every 1 to 2 hours, or immediately upon becoming dirty, cloudy, or contaminated with blood] after each use.

(8) (text unchanged)

(9) Microneedling.

(a) New needles must be used for each client.

(b) Needles must be discarded into a sharps container.

.07 Sanitation Requirements Eyelash Extensions.

A. In addition to the sanitation requirements in Regulation .04 of this chapter, all establishments offering the services normally performed by eyelash extension technicians shall comply with the requirements of this regulation.

B. Sanitation Requirements.

(1) If linens are used, clean linens must be used for each client.

(2) Hands must be washed immediately before and after serving each client.

(3) Chairs and beds, including headrests, must be cleaned and disinfected after providing services to each client. Chairs and beds must be made of or covered in a non-porous material that can be disinfected.

(4) Adhesive palettes must be disposed of after each use.

(5) When a container of adhesive used for eyelash extensions is first opened, it must be labeled with the date of opening, and such containers must be disposed of within 30 days of opening.

(6) Premade fans must not be reused.

(7) Disposable tools must not be reused.

(8) Gel pads and tape used to secure lower lashes must be disposed of after each use.

(9) Tape used must be medical grade.

[.07] .08 Citations to Beauty Salons.

A. C. (text unchanged)

D. Sanitation, unauthorized services, prohibited practices, and interference with inspector[;]. The civil penalties applicable to licensees under COMAR 09.22.01.17C-F apply to beauty salons.

[(1) Improper disinfection:

(a) Failure to wash implements before disinfection $150;

(b) Failure to properly disinfect implements, bowls, basins, or other areas $150;

(d) Failure to keep clean disinfectant on esthetician tray or nail technician table $150;

(2) Improper procedures for cut or blood-related incidents formal hearing;

(3) Other:

(a) Poor lighting, heating, or ventilation $50;

(b) Unclean walls, curtains, or floor coverings $50;

(d) Presence of rodents or insects $50;

(e) Use of salon (shop) for sleeping or living $100;

(f) Failure to promptly remove hair or debris $50;

(g) Unsanitary restroom $50;

(h) No soap dispenser and disposable towels $50;

(i) Unclean operator's garments $50;

(j) Failure to wash hands before each client $50;

(k) No wet sanitizer at station $50;

(l) No closed drawer or cabinet for disinfected implements at station $100;

(m) Use of neck duster, powder puff, sponge, septic pencil, or lump alum on more than one client $100;

(n) Improper application, removal, or discarding of lotions, oils, and other liquids $100;

(o) Improper application of creams $100;

(p) Improper maintenance of lotions, oils, and other liquids $100;

(q) Failure to properly cover head, foot rest, or manicuring cushion $100;

(r) Improper storage or disposal of towels $50;

(s) Improper sanitation of pressing combs or curling iron $100;

(t) Insufficient number of combs or brushes $50;

(u) Failure to use protective neck strip $50;

(v) Improperly washed or sanitized shampoo bowl $50;

(w) Improper cleansing or sanitation of retention rods $100;

(x) Failure to remove soiled items from top of work station after us $50;

(y) Placement of pins or clips in mouth $50;

(z) Use of implements dropped on floor without cleaning and disinfecting $100;

(aa) Failure to sharpen lip or eyebrow pencil after each use $100;

(bb) Failure to discard disposable implement or cosmetic after use $100;

(cc) Use of hair removal wax for more than one client $300;

(dd) Failure to launder nondisposable draping after each client $50;

(ee) Unsanitary manicuring table or surrounding area $100;

(ff) Improper paraffin wax procedures $100;

(gg) Improper use of electric files, bits, or sanding bands $100;

(hh) Improper procedures when working on acrylic nails $100;

E. Unauthorized services:

(1) Massage $300;

(2) Microdermabrasion formal hearing;

(3) Lasers formal hearing;

(4) Glycolic acid formal hearing;

(5) Chemical peels formal hearing;

(6) Practice causing tissue destruction or penetration to the blood fluid barrier formal hearing;

(7) Credo blade $300;

F. Prohibited practices:

(1) Services on client with infectious or contagious disease formal hearing;

(2) Operator with infectious or contagious disease performing services formal hearing;

(3) Services on inflamed skin or scalp without physician authorization formal hearing;

(4) Removal of corns, calluses, or other growths of skin by cutting $300;

(5) Use of electrical muscle stimulator devices $300;

(6) Cosmetic tattooing formal hearing;

(7) Presence of an animal other than a designated service animal $100;

(8) Sale of used hairpieces $300;

(9) Methyl methacrylate liquid monomer (MMA) formal hearing;

G. Interference with inspector formal hearing.]

09.22.03 Schools

Authority: Business Occupations and Professions Article, Title 5, Annotated Code of Maryland

.06 Sanitation Requirements-Eyelash Extensions.

In addition to the sanitation requirements in Regulation .03 of this chapter, a cosmetology school approved by the State Board of Education or the Maryland Higher Education Commission that offers cosmetology services normally performed by an eyelash extension technician shall comply with the requirements of COMAR 09.22.02.07B.

[.07] .08 Citations to Schools.

Unless otherwise indicated, the [following] civil penalties [are] applicable to [the following violations of the laws and regulations of the Board of Cosmetologists discovered by a Board inspector during an inspection of a school:] licensees under COMAR 09.22.01.17C F apply to schools.

[A. Sanitation;

(1) Improper disinfection:

(a) Failure to wash implements before disinfection $150;

(b) Failure to properly disinfect implements, bowls, basins, or other areas $150;

(d) Failure to keep clean disinfectant on esthetician tray or nail technician table $150;

(2) Improper procedures for cut or blood-related incidents formal hearing;

(3) Other:

(a) Poor lighting, heating, or ventilation $50;

(b) Unclean walls, curtains, or floor coverings $50;

(d) Presence of rodents or insects $50;

(e) Use of salon (shop) for sleeping or living $100;

(f) Failure to promptly remove hair or debris $50;

(g) Unsanitary restroom $50;

(h) No soap dispenser and disposable towels $50;

(i) Unclean operator's garments $50;

(j) Failure to wash hands before each client $50;

(k) No wet sanitizer at station $50;

(l) No closed drawer or cabinet for disinfected implements at station $100;

(m) Use of neck duster, powder puff, sponge, septic pencil, or lump alum on more than one client $100;

(n) Improper application, removal, or discarding of lotions, oils, and other liquids $100;

(o) Improper application of creams $100;

(p) Improper maintenance of lotions, oils, and other liquids $100;

(q) Failure to properly cover head, foot rest, or manicuring cushion $100;

(r) Improper storage or disposal of towels $50;

(s) Improper sanitation of pressing combs or curling irons $100;

(t) Insufficient number of combs or brushes $50;

(u) Failure to use protective neck strip $50;

(v) Improperly washed or sanitized shampoo bowl $50;

(w) Improper cleansing or sanitation of retention rods $100;

(x) Failure to remove soiled items from top of work station after use $50;

(y) Placement of pins or clips in mouth $50;

(z) Use of implements dropped on floor without cleaning and disinfecting $100;

(aa) Failure to sharpen lip or eyebrow pencil after each use $100;

(bb) Failure to discard disposable implement or cosmetic after use $100;

(cc) Use of hair removal wax for more than one client $300;

(dd) Failure to launder nondisposable draping after each client $50;

(ee) Unsanitary manicuring table or surrounding area $100;

(ff) Improper paraffin wax procedures $100;

(gg) Improper use of electric files, bits, or sanding bands $100;

(hh) Improper procedures when working on acrylic nails $100;

B. Prohibited Practices:

(1) Services on client with infectious or contagious disease formal hearing;

(2) Operator with infectious or contagious disease performing services formal hearing;

(3) Services on inflamed skin or scalp without physician authorization formal hearing;

(4) Removal of corns, calluses, or other growths of skin by cutting $300;

(5) Use of electrical muscle stimulator devices $300;

(6) Cosmetic tattooing formal hearing;

(7) Presence of an animal other than a designated service animal $100;

(8) Sale of used hairpieces $300;

(9) Methyl methacrylate liquid monomer (MMA) formal hearing;

C. Interference with inspector formal hearing.]

09.22.04 Continuing Education

Authority: Business Occupations and Professions Article, 5-205 and 5-311, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (11) (text unchanged)

(12) Licensee means an individual awarded a license by the Board[.] [and includes a:

(a) Cosmetologist;

(b) Limited Blow Dry Stylist;

(d) Limited Hair Stylist;

(e) Limited Nail Technician; and

(f) Senior Cosmetologist[.]].

.05 Course Content.

A. The Board may approve continuing education courses that include, but are not limited to, the following topics:

(1) (2) (text unchanged)

(3) The practice of cosmetology, esthetics, eyelash extension techniques, and nail techniques;

(4) (8) (text unchanged)

B. C. (text unchanged)

KENNETH SIGMAN

Assistant Attorney General

Subtitle 34 OFFICE OF CEMETERY OVERSIGHT

Notice of Proposed Action

[25-279-P]

The Office of Cemetery Oversight proposes to amend:

(1) Regulation .02 under COMAR 09.34.05 Crematories Definitions;

(2) Regulations .02 .07, and .14 under COMAR 09.34.06 Crematories Permit and Registration Process and Fees;

(3) Regulations .02 and .04 under COMAR 09.34.07 Crematories Inspections, Complaints, and Discipline;

(4) Regulations .01 .03, and .05 .12 under COMAR 09.34.08 Crematories Crematory Procedures; and

(5) Regulation .02 under COMAR 09.34.09 Crematories Code of Ethics.

This action was considered at the November 12, 2025 Office of Cemetery Oversight Advisory Council on Cemetery Operations public meeting.

Statement of Purpose

The purpose of this action is to expand the options available for Marylanders for the final disposition of human remains by regulating alkaline hydrolysis in order to protect the dignity and needs those who choose alkaline hydrolysis.

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 Deborah Rappazzo, Director of the Office of Cemetery Oversight, Maryland Department of Labor, 100 S. Charles St., Tower 1, Baltimore MD 21201, or call 410-230-6228, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing will be held on January 29, 2026 at 9:30a.m. at Maryland Department of Labor, 100 S. Charles St., Baltimore, MD 21201 or virtually via meet.google.com/ezs-jngg-qkp or phone#: 1-505-399-2943 Pin #: 935924497

Open Meeting

Final action on the proposal will be considered by Office of Cemetery Oversight Advisory Council during a public meeting to be held on February 26, 2026 at 9:30, at Maryland Department of Labor,100 South Charles Street, Tower 1, Baltimore, MD 21201 or virtually Meeting Link: meet.google.com/ezs-jngg-qkp or by phone #: 1 505-399-2943 pin #: 935924497..

09.34.05 Crematories Definitions

Authority: Business Regulation Article, 5-204[,]; Health-General Article, 5-508; Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(2) Alkaline hydrolysis means the process of reducing human remains using water, alkaline chemicals, and heat inside a watertight vessel to accelerate decomposition.

[(2)] (3) Authorizing agent means an individual [legally entitled to order the cremation of human remains or legally authorized to control] who has legal authority to arrange for and make decisions regarding the final disposition of human remains, including cremation or alkaline hydrolysis.

[(3)] (4) (text unchanged)

[(4)] (5) Consumer.

(a) (b) (text unchanged)

(c) Consumer includes a funeral establishment contracting with a crematory or the designated next of kin of a decedent contracting with a crematory.

[(5)] (6) Cremated human remains means [all human remains recovered after completion of cremation and the use of pulverizing equipment] the recoverable bone fragments of a deceased person that result from the completion of cremation.

[(6)] (7) Cremation means [the process of reducing human remains to bone fragments through intense heat and evaporation, including any mechanical or thermal process and may include pulverization.] disposition of a dead human body by means of incineration.

[(7)] (8) Cremation container means a readily combustible, rigid container in which human remains are sent to the crematory and then placed in the [cremation chamber] cremator for cremation.

[(8)] (9) Cremator means the machinery within which the process of cremation [of human remains] begins.

[(9)] (10) Crematory means a building, portion or a building, or structure that houses the necessary appliances and facilities for cremation, alkaline hydrolysis, or both.

[(10) Crematory authority means a legal entity or sole proprietor that has been issued a permit by the Office of Cemetery Oversight to operate as a crematory and perform cremations.]

(11) Decedent means a dead human being.

[(11)] (12) [(12)] (13) (text unchanged)

[(13)] (14) Holding facility means an area, within or adjacent to a crematory, designed for the retention of human remains before cremation or alkaline hydrolysis.

[(14)] (15) Human Remains.

(a) Human remains means:

(i) [the] The body of a deceased person[,]; or

(ii) A part of a body or limb that has been removed from a living person.

(b) Human remains includes the body or part of a body or limb in any state of decomposition.

(16) Hydrolysis container means a container, including a body bag, in which human remains are sent to the crematory for alkaline hydrolysis, but the human remains may be removed prior to the start of the process of alkaline hydrolysis.

(17) Hydrolysis unit means the watertight vessel in which the process of alkaline hydrolysis occurs.

(18) Hydrolyzed human remains means the recoverable bone fragments of a deceased person that result from the completion of alkaline hydrolysis.

[(15)] (19) [(18)] (22) (text unchanged)

[(19)] (23) Processed human remains means the end result of pulverization [of cremated human remains, where the residue from the cremation process is cleaned, leaving only bone fragments reduced to 5 millimeters or less.]

(24) Pulverization means the process following cremation or alkaline hydrolysis of crushing, grinding, or milling skeletal remains into fine particles or powder, leaving bone fragments reduced to 5 millimeters or less.

[(20)] (25) Registered crematory operator means an individual registered to operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder.

[(21)] (26) [(22)] (27) (text unchanged)

09.34.06 Crematories Permit and Registration Process and Fees

Authority: Business Regulation Article, 5-102, 5-204, 5-205, 5-301 5-310, 5-312, 5-401 5-403, and 5-901 5-905, Annotated Code of Maryland

.02 Permit Issuing Agency.

A. C. (text unchanged)

D. A person who is a licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland, and owns a greater interest in a crematory than a person who holds a permit or registration under Business Regulation Article, Title [7] 5, Annotated Code of Maryland, shall obtain a permit to engage in the operation of a crematory from the Board.

F. All operating crematories and individuals designated as the registered crematory operator required to obtain a permit from the Office shall apply to the Office for a permit [within 90 days from the effective date of this chapter].

G. A permit issued by the Office shall specify if the crematory is authorized to offer and perform either cremation services, alkaline hydrolysis services, or both.

.03 Permit Requirements for Permit for a Crematory Owned by a Corporation, Limited Liability Company, or Partnership.

A. (text unchanged)

B. A corporation, limited liability company, or partnership shall receive a permit if the entity:

(1) (3) (text unchanged)

(4) Designates a registered crematory operator as the responsible party for each affiliated crematory provided that:

(a) [the] The registered crematory operator may not be designated as the responsible party for more than a total of two crematories; and

(b) A registered crematory operator shall be registered to operate a cremator, an alkaline hydrolysis unit, or both;

(5) (7) (text unchanged)

.04 Permit Requirements for Permit for a Crematory Owned by a Sole Proprietor.

A. (text unchanged)

B. A sole proprietor shall receive a permit if the sole proprietor:

(1) (3) (text unchanged)

(4) Designates a registered crematory operator as the responsible party for each affiliated crematory provided that:

(a) [the] The registered crematory operator may not be designated as the responsible party for more than a total of two crematories; and

(b) A registered crematory operator shall be registered to operate a cremator, alkaline hydrolysis unit, or both; and

(5) Provides an affidavit stating that:

(a) (text unchanged)

(b) The crematory business is financially stable [; and

(6) Provides evidence to the Office of the sole proprietor's ability to read and write].

.05 Permit Requirements for Registration for a Registered Crematory Operator.

A. An individual shall register with and receive a permit from the Office as a registered crematory operator if the individual meets the registration requirements of this regulation. The permit shall specify whether the individual s training and registration required by this chapter permits the individual to operate a cremator, alkaline hydrolysis unit, or both.

B. An individual shall be registered with the Office as a registered crematory operator if the individual:

(1) (3) (text unchanged)

(4) Is of good character and reputation and provides at least three character references from employers, community leaders, or professional societies, that the applicant is an individual of good character and reputation [lists the applicant s previous three employers];

(5) Has achieved certification as a crematory operator by the Cremation Association of North America [(CANA)], International Cemetery, Cremation and Funeral Association [(ICCFA)], or other equivalent certification recognized by the Office and the Board;

(6) Has successfully completed the operator training course of the manufacturer of the cremator or alkaline hydrolysis unit located in the crematory with which the applicant is affiliated;

(7) (text unchanged)

(8) States whether the crematory with which the applicant is affiliated is owned or controlled by:

(a) (c) (text unchanged)

(d) A sole proprietorship; and

(9) States whether the applicant is the responsible party for the affiliated crematory [; and

(10) Provides evidence to the Office of the individual's ability to read and write].

C. Additional Requirements.

(1) (2) (text unchanged)

(3) An individual applying for a permit, who is designated by the [crematory authority] permit holder as the responsible party, shall state the name and residential address of each employee who sells goods or services to the public while engaging in the operation of a crematory.

D. E. (text unchanged)

[F. An individual who will become the registered crematory operator for a crematory which was in operation prior to the effective date of this chapter or for a crematory which has filed an application for a permit pursuant to this chapter shall obtain the certification and training required by B(5) and (6) of this regulation within 90 days from the effective date of this chapter or be subject to action by the Office.]

.06 Permit Requirements for Permit for a New Crematory Owned by a Corporation, Limited Liability Company, or Partnership.

A. (text unchanged)

B. A corporation, limited liability company, or partnership shall receive a permit from the Office if, at least 30 days prior to the opening of the new crematory, the entity:

(1) (3) (text unchanged)

(4) Designates a registered crematory operator as the responsible party for each affiliated crematory provided that:

(a) [the] The registered crematory operator may not be designated as the responsible party for more than a total of two crematories; and

(b) A registered crematory operator shall be registered to operate a cremator, alkaline hydrolysis unit, or both.

(5) (6) (text unchanged)

[C. Crematories not in operation prior to the effective date of this chapter shall be certified by:

(1) The Cremation Association of North America (CANA);

(2) The International Cemetery, Cremation and Funeral Association (ICCFA); or

(3) Another equivalent body recognized by the Office and the Board.]

.07 Permit Requirements for a New Crematory Owned by a Sole Proprietor.

A. (text unchanged)

B. A sole proprietor shall receive a permit from the Office if, at least 30 days prior to the opening of the new crematory, the sole proprietor applicant:

(1) (3) (text unchanged)

(4) Designates a registered crematory operator as the responsible party for each affiliated crematory provided that:

(a) [the] The registered crematory operator may not be designated as the responsible party for more than a total of two crematories; and

(b) A registered crematory operator shall be registered to operate a cremator, alkaline hydrolysis unit, or both; and

(5) Provides an affidavit stating that the new crematory business:

(a) (text unchanged)

(b) Has the ability to continue to operate the crematory business for a 2-year period after issuance of a permit [; and

(6) Provides evidence to the Office of the individual's ability to read and write.]

C. Before applying to the Office for a permit, [any] a crematory [not in operation before the effective date of this chapter,] shall have in its employ an individual who holds a certification from:

(1) The Cremation Association of North America [(CANA)];

(2) The International Cemetery, Cremation and Funeral Association [(ICCFA)]; or

(3) Another equivalent body recognized by the Office and the Board.

.14 Cremation Prior to Obtaining a Permit.

A crematory may cremate or hydrolyze the human remains of one decedent prior to obtaining a permit from the Office, provided:

A. The cremation or alkaline hydrolysis is only performed as part of the manufacturer s operator training course for the cremation machinery or alkaline hydrolysis unit in which the cremation or alkaline hydrolysis takes place; and

B. The person or persons with the right to final disposition of the decedent are notified and have given permission prior to the cremation or alkaline hydrolysis.

09.34.07 Crematories Inspections, Complaints, and Discipline

Authority: Business Regulation Article, 5-204, 5-310, and 5-311, Annotated Code of Maryland

.02 Inspection by the Office.

A. A crematory shall be available for inspection by a representative of the Office at any time during operating hours. The permit holder or registered crematory operator shall be available to accompany the inspector during the inspection and sign the initial inspection report. A copy of the inspection report shall be provided to the permit holder or registered crematory operator.

B. (text unchanged)

C. A crematory shall maintain the following minimum standards:

(1) (text unchanged)

(2) Except by express, written consent of the authorizing agents to perform simultaneous, multiple cremations or alkaline hydrolyses, there shall be no more than one human body cremated or hydrolyzed in a single cremator or alkaline hydrolysis unit at a time;

(3) A cremator or alkaline hydrolysis unit shall be cleaned completely after each cremation or alkaline hydrolysis;

(4) There may not be co-mingling of human remains and pet remains in refrigeration units, [or cremation machinery] cremators, or alkaline hydrolysis units;

(5) Separate cremators or alkaline hydrolysis units shall be dedicated for the cremation or alkaline hydrolysis of human remains and the cremation or alkaline hydrolysis of pets;

(6) There may not be:

(a) Co-mingling of [cremated] processed human remains with other [cremated] processed human remains or pet remains;

(b) Scooping of [cremated] processed human remains from a bucket containing commingled [cremated] processed human remains; or

(7) Excluding a deceased person with a known communicable infection, human remains shall be properly identified before cremation or alkaline hydrolysis by verifying that the documentation accompanying the human remains is consistent with a visual observation of the human remains;

(8) (text unchanged)

(9) Each crematory shall have:

(a) A sink with hot and cold water in the room in which the [cremator] crematory equipment is housed; and

(b) The [equipment] tools necessary to thoroughly clean the floor within the room housing the [cremator] crematory equipment with water and an appropriate sanitizing agent;

(10) The name of the deceased shall be visible on the outside of the [cremation] crematory container;

(11) Human remains shall be properly stored prior to cremation or alkaline hydrolysis;

(12) Crematories shall:

(a) (text unchanged)

(b) Pulverize the [cremated] processed human remains with a mortar and pestle when the [cremated] processed human remains are not sufficient in amount for pulverizing in mechanical equipment;

(13) Separate pulverizing drums shall be dedicated for [cremated] processed human remains and [cremated] processed pet remains;

(14) (text unchanged)

(15) A crematory may not refuse to release [cremated] processed human remains pending payment of outstanding fees;

(16) [Within 6 months of the effective date of this regulation, cremators] Cremators without safety devices that prevent the automatic door from dropping prematurely shall be retrofitted with such safety devices;

(17) (20) (text unchanged)

(21) All individuals who operate the cremator or alkaline hydrolysis unit in a crematory shall be certified by the Cremation Association of North America [(CANA)], International Cemetery, Cremation and Funeral Association [(ICCFA)], or other equivalent certification recognized by the Office and the Board. Individuals receiving training toward certification to operate a cremator or alkaline hydrolysis unit shall be allowed to work under the supervision of a registered crematory operator who has the required certification for a period not to exceed 6 months.

D. The following completed forms shall be available at all times for inspection and copying and are subject to be pulled at random by the inspector:

(1) [Cremation] Crematory services authorization form;

(2) (4) (text unchanged)

(5) Record of cremation or alkaline hydrolysis;

(6) Certificate of cremation or alkaline hydrolysis; and

(7) Return of human [cremated] processed remains certificate.

E. G. (text unchanged)

H. At the time of the Office s inspection, the permit holder shall provide written documentation to the Office s inspector that:

(1) The [cremator] crematory equipment has been inspected in accordance with manufacturer specifications;

(2) (text unchanged)

(3) The permit holder has requested that the manufacturer conduct an inspection of the [cremator] crematory equipment.

.04. Complaints.

A. A complaint regarding a [crematory authority] permit holder or a registered crematory operator under the jurisdiction of the Office shall be:

(1) (2) (text unchanged)

B. (text unchanged)

09.34.08 Crematories [Cremation] Crematory Procedures

Authority: Business Regulation Article, 5-204, Annotated Code of Maryland

.01 Scope.

This chapter governs the procedures to be followed by a permit holder in performing a cremation or alkaline hydrolysis in this State.

.02 Removal, Identification, and Transportation of Human Remains.

A. Upon receipt of human remains, a permit holder, in the presence of the authorizing agent or representative of the funeral establishment engaging crematory services, shall:

(1) (2) (text unchanged)

(3) Refuse to accept human remains for cremation or alkaline hydrolysis if an inspection of the human remains indicates the presence of any battery operated, implanted device;

(4) Remove and properly dispose of any hazardous object or any other materials that the permitted designee of the [crematory authority] permit holder deems should be removed from the human remains or [cremation] crematory container in order to prevent harm to the public health or damage to the cremator or alkaline hydrolysis unit;

(5) Remove any jewelry on the human remains or in the [cremation] crematory container;

(6) Return any removed jewelry to the authorizing agent or representative of the funeral establishment engaging [cremation] crematory services; and

(7) Obtain a signed, itemized receipt from the authorizing agent or representative of the funeral establishment engaging [cremation] crematory services for the removed jewelry and retain the receipt as a permanent record.

B. (text unchanged)

C. Materials identifying the human remains placed in the custody of a [crematory authority] permit holder shall contain the following information:

(1) (6) (text unchanged)

D. A [crematory authority] permit holder shall not accept unidentified human remains for cremation or alkaline hydrolysis.

.03 [Cremation Container] Crematory Containers.

A. A cremation container:

(1) (7) (text unchanged)

(8) A cremation container which appears to be heavily coated with varnish, lacquer, or any other highly combustible substance shall be:

(a) Placed in a cold cremator within which no cremation has occurred in the prior 4 hours; or

(b) Coated completely with water before being placed in the cremator.

B. [A cremation container which appears to be heavily coated with varnish, lacquer, or any other highly combustible substance shall be:] An alkaline hydrolysis container:

(1) [Placed in a cold cremator within which no cremation has occurred in the prior 4 hours; or] Shall completely enclose the human remains;

(2) [Coated completely with water before being placed in the cremator.] Shall be resistant to leakage or spillage;

(3) Shall provide protection to the health and safety of crematory establishment personnel and the public; and

(4) May be removed prior to the start of the alkaline hydrolysis process as long as the human remains are covered to protect the dignity of the decedent.

.05 Holding Remains.

A. Unless prevented by emergency circumstances, human remains that have been designated for cremation or alkaline hydrolysis shall be cremated or hydrolyzed by a [crematory authority] permit holder within 48 hours after receipt.

B. A [crematory authority] permit holder may not hold human remains for cremation or alkaline hydrolysis unless the human remains are contained within an individual, [rigid, stackable,] closed cremation or alkaline hydrolysis container as required under Regulation .03 of this chapter.

C. A [crematory authority] permit holder may not accept a cremation or alkaline hydrolysis container from which there is any evidence of leakage of the body fluids from the human remains therein.

D. Whenever a [crematory authority] permit holder is unable to cremate or hydrolyze human remains within 48 hours of taking custody thereof due to emergency circumstances, the [crematory authority] permit holder shall maintain the human remains in a refrigerated holding facility, either on or off site, at 40 F or less, unless the remains have been embalmed.

.06 Identification of Human Remains Immediately Prior to Cremation or Alkaline Hydrolysis.

A. Immediately prior to being placed within the cremator or alkaline hydrolysis unit, a designee of the [crematory authority] permit holder shall:

(1) (text unchanged)

(2) Place in the cremator or alkaline hydrolysis unit the [circular,] hard metal or plastic identification disc of the human remains being [cremated] processed where it shall remain in place until the cremation or alkaline hydrolysis process is complete.

B. The designee of the [crematory authority] permit holder who is operating the cremator may not leave the immediate area of the cremator during the cremation process

C. The alkaline hydrolysis unit shall be monitored at all times during alkaline hydrolysis.

.07 [Cremation] Crematory Services Authorization.

A. Except as otherwise provided in this regulation, a [crematory authority] permit holder may not cremate or hydrolyze human remains until:

(1) (text unchanged)

(2) The crematory has received:

(a) A [cremation] crematory services authorization on a form approved by the Office and signed by an authorizing agent;

(b) (c) (text unchanged)

(3) The [crematory authority] permit holder has documented that at least 12 hours have elapsed from the time of death of the individual whose remains are to be [cremated] processed.

B. The [cremation] crematory services authorization form shall:

(1) Be provided by the [crematory authority] permit holder to the authorizing agent, and signed by the authorizing agent;

(2) Contain the following information:

(a) The identity of the [human remains] decedent;

(b) (text unchanged)

(d) (text unchanged)

(e) Authorization for the [crematory authority] permit holder to cremate or hydrolyze the human remains;

(f) Indicate whether the decedent is a veteran, as defined in State Government Article, 9-90,1 Annotated Code of Maryland, or an eligible dependent, as defined in Business Regulation Article, 5-803, Annotated Code of Maryland;

[(f)] (g) Authorization to verify that the following have been removed prior to cremation or alkaline hydrolysis:

(i) (ii) (text unchanged)

[(g)] (h) A representation by the authorizing agent that radiological implant treatment has not occurred to the human remains within 5 days before cremation or alkaline hydrolysis;

[(h)] (i) A representation that the authorizing agent is aware of no objection to the human remains being [cremated] processed by any person who has a right to control the disposition of the human remains; and

[(i)] (j) The name and address of the person authorized to claim the [cremated] processed remains from the [crematory authority] permit holder or accept the [cremated] processed remains via registered mail; and

(3) Be signed by the authorizing agent.

C. If an authorizing agent is not available to execute the [cremation] crematory services authorization form, the authorizing agent may delegate that authority to another individual:

(1) (2) (text unchanged)

D. (text unchanged)

E. A person signing a [cremation] crematory services authorization form is deemed to warrant the truthfulness of any facts set forth in the [cremation] authorization form, including the identity of the deceased whose remains are sought to be [cremated] processed and the authority of that person to order such a cremation or alkaline hydrolysis.

F. A [crematory authority] permit holder shall notify and obtain the written consent of the authorizing agent before the cremation or alkaline hydrolysis of human remains at a location other than the location named on the cremation or alkaline hydrolysis authorization form.

G. A [crematory authority] permit holder shall maintain a copy of every [cremation] crematory services authorization form required under this regulation as permanent records.

H. [Cremation] Crematory services authorization records are subject to inspection and copying by the Office.

.08 Record of Receipt of Remains.

A. A [crematory authority] permit holder shall provide to an individual who delivers human remains for cremation or alkaline hydrolysis a receipt signed by both the [crematory authority] permit holder and the person who delivered the human remains, that includes the:

(1) (6) (text unchanged)

B. The [crematory authority] permit holder shall maintain a record of each cremation or alkaline hydrolysis which shall include the:

(1) (text unchanged)

(2) Name and address of the crematory [authority];

(3) (5) (text unchanged)

(6) Date, time, and location of cremation or alkaline hydrolysis; and

(7) Name of the individual who performed the cremation or alkaline hydrolysis.

C. The [crematory authority] permit holder shall provide a certificate of disposition of [cremated] processed human remains to the authorizing agent or funeral establishment that arranged for the cremation or alkaline hydrolysis that contains the:

(1) (2) (text unchanged)

(3) Date, time, and location where cremation or alkaline hydrolysis occurred;

(4) Name of the individual who performed the cremation or alkaline hydrolysis;

(5) Name and address of the person who received the [cremated] processed human remains from the [crematory authority] permit holder; and

(6) If ascertainable, the location, including the name of the cemetery and plot location if the remains are interred, the manner, and the date of the disposition of the [cremated] processed human remains.

D. The [crematory authority] permit holder shall maintain a copy of every record and receipt required by this regulation as permanent records.

E. All records required to be maintained by a [crematory authority] permit holder by this chapter are subject to inspection and copying by the Office.

.09 Use of a Casket; Embalming.

A. Except as provided in B of this regulation, a [crematory authority] permit holder may not:

(1) (2) (text unchanged)

(3) Refuse to accept human remains for cremation because the remains are in a suitable, combustible wooden casket, but may request the authorizing agent or funeral establishment engaging the services of the [crematory authority] permit holder to remove the metal mattress holder in the casket.

B. Human remains delivered to a [crematory authority] permit holder may not be removed from the cremation container and the cremation container shall be cremated with the human remains unless the authorizing agent for the deceased requests that the human remains be placed in the cremator without enclosure in a cremation container.

C. The cremation container shall be cremated with the human remains unless the authorizing agent for the deceased requests a more natural environment for the deceased. A [crematory authority] permit holder is not required to accept this manner of disposition.

D. A [crematory authority] permit holder may not require that human remains be subjected to embalming before cremation.

.10 Disposition of [Cremated] Processed Human Remains.

A. Upon completion of the cremation or alkaline hydrolysis, insofar as is possible:

(1) All of the recoverable residue of the cremation or alkaline hydrolysis process shall be:

(a) Removed from the cremator or alkaline hydrolysis unit; and [:]

(b) Except for medical devices remaining after cremation or alkaline hydrolysis, [processed] pulverized; and

(2) The identification disc required by Health Occupations Article, 7-411, Annotated Code of Maryland, shall be:

(a) Removed from the cremator or alkaline hydrolysis unit; and

(b) Placed in the sealable container with the [cremated] processed human remains.

B. Medical devices which remain after the completion of the cremation or alkaline hydrolysis process shall be treated as medical waste and disposed of accordingly.

C. (text unchanged)

D. If the [cremation] sealable container opening is not of adequate dimensions to accommodate an identification disc, it shall be affixed to the exterior of the sealable container and a record of the cremation number shall be [place] placed in the sealable container.

E. G. (text unchanged)

H. If processed human remains have been in the possession of a [crematory authority] permit holder, as originally authorized by the authorizing agent, without instructions for disposition, for a period of 10 days or more from the date of cremation or alkaline hydrolysis, the [crematory authority] permit holder may send the processed human remains, using the current mailing standard approved by the U.S. Postal Service, to the authorizing agent.

I. Veteran and Eligible Dependent Decedents.

(1) Unless the authorizing agent directs otherwise, if a permit holder in possession of processed remains of a decedent veteran or a decedent eligible dependent shall provide the decedent s identifying information to a veterans service organization, as defined in Business Regulation Article, 5-803, Annotated Code of Maryland.

(2) The veterans service organization will notify the permit holder whether the decedent is a veteran or eligible dependent eligible for burial in a veterans cemetery.

(3) If the unclaimed processed remains are those of a veteran or an eligible dependent, the permit holder may transfer the processed remains to a veterans service organization for the purpose of disposition of the processed remains.

(4) If a veterans service organization does not take possession of unclaimed processed remains that qualify for a plot in a State veterans cemetery under State Government Article, 9-906, Annotated Code of Maryland, within 10 days after the permit holder receives the notification required this regulation, permit holder shall:

(a) Notify the Department of Veterans and Military Families of the status of the processed remains for the purpose of the appropriate disposition of the processed remains; and

(b) Transfer the processed remains to the Department of Veterans and Military Families for the purpose of the appropriate disposition of the processed remains.

.11 Tools.

A. A crematory offering cremation shall maintain, at its own expense, the following tool inventory:

[A.] (1) [H.] (8) (text unchanged)

[I.] (9) [Dust masks] National Institute for Occupational Safety & Health certified N95 filtering facepiece respirators.

B. A crematory offering alkaline hydrolysis shall maintain, at its own expense, the following tool inventory:

(1) Suitable tools for cleaning the alkaline hydrolysis unit;

(2) Brush with fine bristles for cleaning pulverizers;

(3) Mortar and pestle;

(4) Funnel;

(5) Hand magnet and metal detector wand to detect and remove metal from hydrolyzed human remains;

(6) Tweezers to remove nonmetal objects from hydrolyzed human remains;

(7) National Institute for Occupational Safety & Health certified respirators; and

(8) An emergency shower and eyewash combination unit meeting the criteria established under the American National Standards Institute and the International Safety Equipment Association Z358.1-2014 (R2020) or its successor.

.12 Visitors.

A. (text unchanged)

B. Crematories that begin operation after July 1, 2014, shall construct a viewing room the area of the cremator or alkaline hydrolysis unit if the [crematory authority] permit holder intends to permit more than two visitors present in the area of the cremator or alkaline hydrolysis unit during a cremation.

09.34.09 Crematories Code of Ethics

Authority: Business Regulation Article, 5-204 and 5-310, Annotated Code of Maryland

.02 General Professional Practices.

A. B. (text unchanged)

C. A permit holder or registered crematory operator may not:

(1) (text unchanged)

(2) Operate a crematory or perform a cremation or alkaline hydrolysis while under the influence of alcohol, an illegal drug, or a controlled dangerous substance which has not been prescribed by a physician.

DEBORAH RAPPAZZO

Director of the Office of Cemetery Oversight

Subtitle 34 OFFICE OF CEMETERY OVERSIGHT

Notice of Proposed Action

[25-292-P]

The Office of Cemetery Oversight proposes to:

(1) Adopt new Regulations .01 and .02 under COMAR 09.34.10 Natural Organic Reduction Definitions;

(2) Adopt new Regulations .01 .14 under COMAR 09.34.11 Natural Organic Reduction Permits, Registration Process, and Fees;

(3) Adopt new Regulations .01 .06 under COMAR 09.34.12 Natural Organic Reduction Inspections, Complaints, and Discipline;

(4) Adopt new Regulations .01 .13 under COMAR 09.34.13 Natural Organic Reduction Procedures; and

(5) Adopt new Regulations .01 and .02 COMAR 09.34.14 Natural Organic Reduction Code of Ethics.

This action was considered at the November 12, 2025 Office of Cemetery Oversight Advisory Council meeting.

Statement of Purpose

The purpose of this action is to add the process of Natural Organic Reduction to the Office of Cemetery Oversight's regulation by adopting new regulation to safeguard the dignity of Marylanders choosing Natural Organic Reduction.

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 Deborah Rappazzo, Director of the Office of Cemetery Oversight, Maryland Department of Labor, 100 S. Charles St., Twr 1, Baltimore MD 21201, or call 410-230-6228, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing will be held on January 29, 2026 at 9:30a.m. at Maryland Department of Labor, 100 S. Charles St., Baltimore, MD 21201 or virtually via meet.google.com/ezs-jngg-qkp or phone#: 1-505-399-2943 Pin #: 935924497

Open Meeting

Final action on the proposal will be considered by Office of Cemetery Oversight Advisory Council during a public meeting to be held on January 29, 2026 at 9:30, at Maryland Department of Labor, 100 South Charles Street, Tower 1, Baltimore, MD 21201 or virtually Meeting Link: meet.google.com/ezs-jngg-qkp or by phone #: 1 505-399-2943 pin #: 935924497.

09.34.10 Natural Organic Reduction Definitions

Authority: Business Regulation Article, 5-204, Annotated Code of Maryland

.01 Scope.

This chapter governs the definitions of terms used in COMAR 09.34.11, COMAR 09.34.12, COMAR 09.34.13, and COMAR 09.34.14.

.02 Definitions.

A. In COMAR 09.34.11, COMAR 09.34.12, COMAR 09.34.13, and COMAR 09.34.14, the following terms have the meanings indicated.

B. Terms Defined.

(1) Advertisement means the publication, dissemination, or circulation of any oral or written matter, including labeling, which directly or indirectly calls to the attention of the public the goods or services one has to offer.

(2) Aerobic means the biochemical decomposition of organic matter primarily into stabilized solids and carbon dioxide by microorganisms in the presence of air.

(3) Authorizing Agent means an individual who has legal authority to arrange for and make decisions regarding the final disposition of human remains.

(4) Board means the Board of Morticians and Funeral Directors.

(5) Bulking agent means a material added to remains to increase porosity and facilitate aeration during composting and can only be organic materials and cannot include synthetic microbes, insects, or chemicals.

(6) Compost means a stabilized organic product produced by the controlled aerobic decomposition process of organic materials, other than human remains, in such a manner that the product may be handled, stored, and applied to the land or used as a soil conditioner in an environmentally acceptable manner without adversely affecting plant growth.

(7) Composting is the aerobic degradation of organic matter, other than human remains, to make compost.

(8) Consumer

(a) Consumer means an actual or prospective purchaser of consumer services, consumer goods, or consumer credit.

(b) Consumer includes an individual directed by the consumer, or properly acting on behalf of a deceased consumer, to inquire about the cost or purchase of reduction services or reduction related goods, or to act on behalf of the consumer.

(c) Consumer includes a funeral establishment contracting with a reduction facility or the designated next of kin of a decedent contracting with a reduction facility.

(9) Curing

(a) Curing means the phase of the reduction process after:

(i) Most of the human remains have been decomposed and stabilized; and

(ii) Any pathogen reduction process needed for the soil remains to meet the standards set in COMAR 09.34.13.11.

(b) Curing includes periods in which the decomposed human remains are managed to increase maturity prior to the completion of natural organic reduction.

(10) Decedent means a dead human being.

(11) Director means the Director of the Office of Cemetery Oversight.

(12) Engage in the Operation of a reduction facility means

(a) Controlling or managing a reduction facility.

(b) Engage in the operation of a reduction facility does not include:

(i) The practice of funeral direction or the practice of mortuary science; or

(ii) Assistance in making decisions and filling out forms that are not directly related to natural organic reduction;

(iii) Obtaining vital statistics, signatures, and other information necessary to complete a death certificate;

(iv) Transportation of a body to the place of disposition; or

(v) Any other services regarding the disposition of a body that are not directly related to natural organic reduction.

(13) Holding facility means an area, within or adjacent to a reduction facility, designed for the retention of human remains before natural organic reduction begins.

(14) Funeral establishment means a building, structure, or premises licensed by the Board, with facilities for:

(a) Embalming or holding of human remains for disposition;

(b) Viewing of the human remains; and

(c) Funeral services.

(15) Human remains

(a) Human remains means:

(i) the body of a deceased person; or

(ii) a part of a body or limb that has been removed from a living person.

(b) Human remains includes the body or part of a body or limb in any state of decomposition.

(c) Human remains does not include soil remains produced after the completion of natural organic reduction.

(16) Label means the display of all written, printed, or graphic matter on the soil remains container or a statement accompanying a soil remains container.

(17) Mature means the characteristics of a soil after completing natural organic reduction so that is harmless to plant growth if used as a topsoil or soil supplement and it sufficiently stable that it will not generate nuisance odors and can be returned to the authorizing agent or the authorizing agent s designee as soil remains.

(18) Natural Organic Reduction means the contained, accelerated, aerobic degradation of human remains into soil.

(19) Office means the Office of Cemetery Oversight.

(20) Organic means any natural biological substance of plant origin that is capable of microbial degradation.

(21) Organic materials means biodegradable materials such as wood chips, straw, and alfalfa added to the vessel to facilitate the natural decomposition process and create nutrient-rich soil.

(22) Pathogenic organisms means disease-causing organisms including, but not limited to bacteria, viruses, protozoa and viable helminth ova.

(23) Permit means a permit issued by the Office to allow a sole proprietor, partnership, limited liability company, or corporation to operate a business which engages in the operation of a reduction facility or to act as a registered reduction operator.

(24) Permit Holder means the holder of a permit under Business Regulation Article, Title 5, Annotated Code of Maryland, to engage in the operation of a reduction facility or to act as a registered reduction operator.

(25) Pulverization means the process of breaking down of skeletal remains into fine particles or powder by crushing, grinding, or milling after natural organic reduction leaving bone fragments reduced to 5 millimeters or less.

(26) Reduction container means a leak-proof container, including a body bag or casket, in which human remains are transported to the reduction facility for natural organic reduction, but the human remains are removed from prior to the start of the natural organic reduction process.

(27) Reduction facility means a building, portion of a building, or enclosed structure that houses the necessary appliances, containers, and facilities for performing natural organic reduction.

(28) Registered Reduction Operator means an individual registered with the Office to operate a reduction facility as a sole proprietor or on behalf of a sole proprietor or a permit holder.

(29) Responsible Party means a sole proprietor or the individual designated by a corporation, limited liability company, or partnership which holds a permit to engage in the operation of a reduction facility, to be the registered reduction operator responsible for the operations of the reduction facility.

(30) Soil Remains means the soil produced at final disposition of a dead human body at a reduction facility by completion of natural organic reduction.

(31) Soil remains container means a closable container, including an urn, box, or sack, in which soil remains are returned to the authorizing agent or the authorizing agent s designee following the completion of natural organic reduction.

(32) Vector means a carrier organism that is capable of transmitting a pathogen to another organism and includes, but is not limited to, flies and other insects, rodents, birds and vermin.

(33) Vessel means the chamber, container, or pod into which the remains are placed for natural organic reduction. The vessel shall:

(a) promote aerobic reduction during natural organic reduction; and

(b) be stainless steel.

09.34.11 Natural Organic Reduction Permits, Registration Process, and Fees

Authority: Business Regulation Article, 5-204, Annotated Code of Maryland

.01 Scope.

This chapter governs the permit process for persons, regulated under Business Regulation Article, Title 5, Annotated Code of Maryland, who operate a reduction facility in the State and the fees for reduction facilities and registered reduction operator permits.

.02 Permit Issuing Agency.

A. A person who holds a permit or registration under Business Regulation Article, Title 5, Annotated Code of Maryland, and owns a greater interest in a reduction facility than a licensee under Health Occupations Article, Title 7, Annotated Code of Maryland, shall obtain a permit to engage in the operation of a reduction facility from the Office.

B. A person whose ownership interest in a reduction facility is equal to the ownership interest in the reduction facility of a licensee under Health Occupations Article, Title 7, Annotated Code of Maryland, shall obtain a permit to engage in the operation of a reduction facility from the Office.

C. A person who owns a reduction facility and is neither a licensee under Health Occupations Article, Title 7, Annotated Code of Maryland, nor a registrant or permit holder under Business Regulation Article, Title 5, Annotated Code of Maryland, shall obtain a permit to engage in the operation of a reduction facility from the Office.

D. A person who is a licensee or holder of a corporation license under Health Occupations Article, Title 7, Annotated Code of Maryland, and owns a greater interest in a reduction facility than a person who holds a permit or registration under Business Regulation Article, Title 5, Annotated Code of Maryland, shall obtain a permit to engage in the operation of a reduction facility from the Board.

E. An individual, who is designated as the registered reduction operator by a person required to obtain a permit to operate a reduction facility from the Office, shall obtain a registered reduction operator permit from the Office.

F. All operating reduction facilities and individuals designated as the registered reduction operator required to obtain a permit from the Office shall apply to the Office for a permit.

.03 Permit Requirements for a Reduction Facility Owned by a Corporation, Limited Liability Company, or Partnership.

A. A corporation, limited liability company, or partnership shall receive a permit to operate a reduction facility in this State if the corporation, limited liability company, or partnership meets the permit requirements of this regulation.

B. A corporation, limited liability company, or partnership shall receive a permit if the entity:

(1) Completes an application form;

(2) Pays the nonrefundable application fee and any other fees due under this chapter;

(3) Provides the name, address, and phone number of each affiliated reduction facility;

(4) Designates a registered reduction operator as the responsible party for each affiliated reduction facility provided that the registered reduction operator may not be designated as the responsible party for more than a total of two reduction facilities;

(5) Provides a list of the officers, directors, members, partners, agents, and employees of the entity applying for the permit;

(6) Provides a certificate of status, issued by the Maryland Department of Assessments and Taxation, indicating that the entity is in good standing, or its equivalent as determined by the Office, and dated not earlier than 30 days before the date of the application;

(7) Provides evidence of a bond, letter of credit, or trust account established to meet the requirements of Regulation .07 of this chapter; and

(8) Provides an affidavit stating that:

(a) No local, federal or State taxes or fees are delinquent; and

(b) The corporation, limited liability company or partnership is financially stable.

.04 Permit Requirements for a Reduction Facility Owned by a Sole Proprietor.

A. A sole proprietor applicant for a reduction facility permit shall receive a permit to operate a reduction facility in this State if the sole proprietor applicant meets the permit requirements of this regulation.

B. A sole proprietor shall receive a permit if the sole proprietor:

(1) Completes an application form;

(2) Pays the nonrefundable application fee and any other fees due under this chapter;

(3) Provides the name, address, and phone number of each affiliated reduction facility;

(5) Provides evidence of a bond, letter of credit, or trust account established to meet the requirements of Regulation .07 of this chapter;

(6) Provides an affidavit stating that:

(a) No local, federal or State taxes or fees are delinquent; and

(b) The reduction facility business is financially stable.

.05 Permit Requirements for Registration for a Registered Reduction Operator.

A. An individual shall register with and receive a permit from the Office as a registered reduction operator if the individual meets the registration requirements of this regulation.

B. An individual shall be registered with the Office as a registered reduction operator if the individual:

(1) Completes an application form;

(2) Pays the nonrefundable application fee and any other fees due under this chapter;

(3) Is 18 years old or older;

(4) Is of good character and reputation and provides at least three character references from employers, community leaders, or professional societies, that the applicant is an individual of good character and reputation;

(5) Has achieved certification as a reduction operator by the Cremation Association of North America, International Cemetery, Cremation and Funeral Association, or other equivalent certification recognized by the Office and the Board;

(6) Has successfully completed the operator training course of the manufacturer of each vessel located in the reduction facility with which the applicant is affiliated;

(7) States the name and mailing address of the reduction facility with which the applicant is affiliated;

(8) States whether the reduction facility with which the applicant is affiliated is owned or controlled by:

(a) A corporation;

(b) A partnership;

(c) A limited liability company; or

(d) A sole proprietorship; and

(9) States whether the applicant is the responsible party for the affiliated reduction facility.

C. Additional Requirements.

(1) An individual applying for a permit as a registered reduction operator shall provide the Office with a detailed description of activities including, but not limited to, whether the applicant has:

(a) Had a license, certification, registration, or permit of the type for which the application is being made ever denied, suspended, or revoked by any jurisdiction;

(b) Been convicted of a felony in any state or federal court;

(c) Been convicted in any State or federal court of a misdemeanor directly related to the ownership or operation of a reduction facility;

(d) Had any civil judgments or settlements within the 5 years before applying for a permit which directly related to the ownership or operation of a reduction facility; or

(e) Been convicted by a court in this State of violating a usury provision under Commercial Law Article, Title 12, Annotated Code of Maryland, or an unfair and deceptive trade practices provision under Commercial Law Article, Title 13, Annotated Code of Maryland.

(2) An applicant shall submit copies of all:

(a) Charging documents which were issued and docket entries for convictions, which occurred before applying for a permit, for a misdemeanor or felony referred to in C(1)(b), (c), or (e) of this regulation;

(b) Disciplinary actions, judgments, and final orders which occurred or were issued before applying for a permit for any regulatory probation, suspension, or revocation referred to in C(1)(a) of this regulation; and

(c) Civil judgments or settlements against the applicant within the past 5 years which directly relate to the ownership or operation of a reduction facility.

(3) An individual applying for a permit, who is designated by the permit holder as the responsible party, shall state the name and residential address of each employee who sells goods or services to the public while engaging in the operation of a reduction facility.

D. A registered reduction operator may not be designated as the responsible party for more than two reduction facilities.

E. An individual may be issued permits for affiliations with more than two reduction facilities if each affiliated reduction facility is owned by the same individual or entity.

F. An individual who will become the registered reduction operator for a reduction facility which was in operation prior to the effective date of this chapter or for a reduction facility which has filed an application for a permit pursuant to this chapter shall obtain the certification and training required by B(5) and (6) of this regulation within 90 days from the effective date of this chapter or be subject to action by the Office.

.06 Permit Requirements for a New Reduction Facility.

A. A sole proprietor, corporation, limited liability company, or partnership shall receive a permit to operate a new reduction facility in this State if the sole proprietor, corporation, limited liability company, or partnership meets the permit requirements of this regulation.

B. A sole proprietor, corporation, limited liability company, or partnership shall receive a permit from the Office if, at least 30 days prior to the opening of the new reduction facility, the entity:

(1) Completes an application form;

(2) Pays the nonrefundable application fee and any other fees due under this chapter;

(3) Provides the name, address, and phone number of each affiliated reduction facility;

(5) A corporation, limited liability company, or partnership shall provide a list of the officers, members, partners, agents, and employees of the entity applying for the permit;

(6) Provides evidence of a surety bond established to meet the requirements of Regulation .07 of this chapter; and

(7) Provides an affidavit stating that the sole proprietor, corporation, limited liability company, or partnership:

(a) Is financially stable; and

(b) Has the ability to continue to operate the reduction facility business for a 2-year period after issuance of a permit.

.07 Surety Bond Requirements.

A. With each application for a new permit and renewal for an existing permit, a permit holder or an applicant shall provide proof of a surety bond with the Office.

B. (1) The bond shall run to the Office, as obligee, for the benefit of:

(a) The State; and

(b) Any consumer who has been damaged by a violation committed by a permit holder of any law or regulation governing the activities of reduction facilities.

(2) The bond shall be:

(a) In an amount determined by the Office under C of this regulation; and

(b) Issued by a surety company that:

(i) Is authorized to do business in the State;

(ii) Holds a certificate of authority issued by the Maryland Insurance Commissioner; and

(iii) Conditioned that the licensee shall comply with all Maryland laws regulating the activities of natural organic reduction.

(3) The liability of the surety:

(a) Shall be continuous;

(b) May not be aggregated or cumulative, whether or not the bond is renewed, continued, replaced, or modified;

(c) May not be determined by adding together the penal sum of the bond, or any part of the penal sum of the bond, in existence at any two or more points in time;

(d) Shall be considered to be one continuous obligation, regardless of increases or decreases in the penal sum of the bond;

(e) May not be affected by:

(i) The insolvency or bankruptcy of the permit holder;

(ii) Any misrepresentation, breach of warranty, failure to pay a premium, or any other act or omission of the permit holder or an agent of the permit holder; or

(iii) The suspension of the permit;

(f) May not require an administrative enforcement action by the Office as a prerequisite to liability; and

(g) Shall continue for 3 years after the later of the date on which:

(i) The bond is canceled; or

(ii) The permit holder, for any reason, ceases to be permitted.

(4) A bond may be canceled by the surety or the licensee by giving notice of cancellation to the Office. Notice of cancellation shall:

(a) Be in writing; and

(b) Be sent by certified mail, return receipt requested.

(c) A cancellation of a bond is not effective until 90 days after receipt of a notice of cancellation by the Office.

(5) A claim against the bond may be filed with the surety by:

(a) A claimant; or

(b) The Office for the benefit of a claimant or the State.

(6) If the amount of claims against a bond exceeds the amount of the bond, the surety:

(a) Shall pay the amount of the bond to the Office for pro rata distribution to claimants; and

(b) Is relieved of liability under the bond.

(7) If the penal amount of a bond is reduced by payment of a claim or judgment, the permit holder shall file a new or additional bond with the Office.

(8) A penalty imposed against a permit holder under Business Regulation Article, 5-905, Annotated Code of Maryland may be collected and paid from the proceeds of a bond required under this section.

C. (1) The amount of the surety bond under subsection (b) of this section shall be in an amount of not less than $10,000 and not more than $20,000, as determined by the Office for each vessel used for natural organic reduction by the permit holder.

(2) In setting the amount of the surety bond, the Office may consider:

(a) The nature and volume of the business or proposed business of the permit holder or applicant;

(b) The financial condition of the permit holder or applicant, including:

(i) The amount, nature, quality, and liquidity of the assets of the permit holder or applicant;

(ii) The amount and nature of the liabilities, including contingent liabilities, of the permit holder or applicant;

(iii) The history of and prospects for the permit holder or applicant to earn and retain income;

(iv) The potential harm to consumers if the applicant or permit holder becomes financially impaired; and

(v) Any other factor that the Office considers relevant.

D. Subject to approval by the Office, an applicant for a permit who files an application for a new permit or renewal of a permit may satisfy the bonding requirement under this section by establishing a trust account with or obtaining an irrevocable letter of credit from a financial institution insured by the Federal Deposit Insurance Corporation in an amount equal to the bond required under this section.

E. If a permit holder is subject to a receivership proceeding, the Office or a court-appointed receiver without regard to any priorities, preferences, or adverse claims, may:

(1) Reduce the bond or the deposit in lieu of a bond to cash; and

(2) Use the cash to defray the costs associated with the receivership.

.08 Change of Information.

The responsible party shall notify the Office of any change in the information provided in the application for permit for a reduction facility or for a permit as a registered reduction operator, either before or after the issuance of a permit, within 1 week of the date of the change.

.09 Renewal.

A. Before the expiration date of a permit, a permit holder shall complete and return the renewal form, pay the renewal fee, and submit any required documentation.

B. A person who has a permit to engage in the operation of a reduction facility or a permit as a registered reduction operator may renew the permit every 2 years, beginning on a date specified by the Office, in the following manner:

(1) Complete the renewal application form;

(2) Pay the nonrefundable renewal fee set forth in Regulation .12 of this chapter;

(3) Meet the permit requirements under Regulation .03, .04, or .05 of this chapter; and

(4) Submit the documentation required by Regulation .03, .04, or .05 of this chapter.

C. After the expiration date of a permit, if a permit holder has not yet applied for renewal, the permit holder is no longer authorized to engage in the operation of a reduction facility or to act as a registered reduction operator.

D. If a permit holder completes the renewal application process set forth in B of this regulation before the expiration date of the permit and the Office does not renew the permit before its expiration date, the permit holder is considered to be actively permitted until receipt from the Office of either a renewed permit or a notice of denial of a permit.

E. If a permit holder applies for renewal of a permit after the expiration date of the permit, the permit holder shall pay the renewal fee plus the late renewal fee under Regulation .12 of this chapter.

.10 Lapsed Permit.

A person who has been issued a permit and who has allowed the permit to lapse for at least 6 months may apply for a permit in the following manner:

A. Complete a permit application form;

B. Pay the permit fee and the late renewal fee under Regulation .12 of this chapter;

C. Meet the permit requirements under Regulation .03, .04, or .05 of this chapter;

D. Submit the documentation required by Regulation .03, .04, or .05 of this chapter;

E. Provide a full written explanation to the Office detailing the reasons why the permit was allowed to expire and why a permit is now sought; and

F. Submit to the Office an affidavit stating that the person did not engage in the operation of a reduction facility or act as a registered reduction operator in this State while the permit was lapsed.

.11 Hearings Permit Denial.

A. Permit Denial. An applicant or permit holder applying for an initial or renewal permit to the Office may be denied the issuance of a permit, subject to the hearing provisions of Business Regulation Article, 5-312, Annotated Code of Maryland.

B. Hearing Before Director of Office.

(1) Except as otherwise provided in B(2)-(6) of this regulation, all contested cases before the Director of the Office shall be governed by COMAR 09.01.02.

(2) An applicant who has been notified that a new or renewal permit has been or may be denied and who requests a hearing before the Director of the Office must file the request for a hearing not later than 30 days after the notice of proposed action was mailed.

(3) The Director of the Office shall send the hearing notice described in COMAR 09.01.02.07B at least 10 days before the hearing or, if the parties have agreed to a date for which 10 days notice cannot be given, at the earliest time possible.

(4) The notice to an applicant that a new or renewal permit has been or may be denied shall state that the proposed action of the Director of the Office shall be affirmed if:

(a) A hearing is not requested within 30 days after the date the notice of proposed action was mailed; or

(b) The applicant fails to appear for the hearing after requesting a hearing.

(5) If, after a hearing, the proposed action of the Director of the Office is upheld, the appellant shall pay the hearing costs described in Regulation .12 of this chapter.

C. Hearings Delegated by the Office to the Office of Administrative Hearings. All contested case hearings delegated to the Office of Administrative Hearings shall be governed by COMAR 09.01.03.

.12 Fees.

A. Permit fees:

(1) Initial and renewal reduction facility permit $350;

(2) Initial and renewal registered reduction operator permit $300; and

(3) Late renewal fee $200.

B. Miscellaneous fees:

(1) Replacement of permit $50;

(2) Returned check fee $50;

(3) Additional copy of permit $50;

(4) Business name change $50;

(5) Personal name change $50; and

(6) Business address change $50.

C. Hearing costs described in Business Regulation Article, 5-312(h), Annotated Code of Maryland, shall be determined to be the cost of a court reporter and the transcripts ordered by the Office, or by the Office of the Attorney General, for the purpose of presenting a case alleging violation of Business Regulation Article, Title 5, Annotated Code of Maryland, before the Office or before the Office of Administrative Hearings.

.13 Display of Permit.

A permit holder shall display the permit conspicuously, in a public area at each business address of the permit holder.

.14 Reduction Prior to Obtaining a Permit.

Reduction facilities may perform the natural organic reduction of one decedent prior to obtaining a permit from the Office provided:

A. The natural organic reduction is only performed as part of the manufacturer s operator training course for the vessel in which the natural organic reduction takes place; and

B. The authorizing agent of the decedent is notified and has given permission prior to the natural organic reduction.

09.34.12 Natural Organic Reduction Inspections, Complaints, and Discipline

Authority: Business Regulation Article, 5-204, Annotated Code of Maryland

.01 Scope.

This chapter governs reduction facility inspections, the complaint process, investigations, grounds for discipline, and penalties.

.02 Inspection by the Office.

A. A reduction facility shall be available for inspection by a representative of the Office at any time during operating hours.

B. Each reduction facility shall be inspected:

(1) On at least a biennial basis;

(2) In furtherance of an investigation; or

(3) Upon the initial permitting, sale, or change of ownership of the reduction facility.

C. A reduction facility shall maintain the following minimum standards:

(1) The premises shall be maintained in a safe and sanitary manner to comply with Centers for Disease Control's guidelines on universal precautions and the Maryland Occupational Safety and Health Act;

(2) Except by express, written consent of the authorizing agents to perform simultaneous, multiple reductions, there shall be no more than one decedent in a single vessel at a time;

(3) A vessel shall be cleaned after each natural organic reduction to prevent unauthorized co-mingling;

(4) There may not be co-mingling of human remains and pet remains in the holding facility;

(5) Separate vessels shall be dedicated for the reduction of human remains and the reduction of pet remains;

(6) There may not be:

(a) Co-mingling of one decedent s soil remains with another decedent s soil remains or reduced pet remains without written consent by the authorizing agent;

(b) Any form of misrepresentation in the return of soil remains;

(7) Human remains shall be properly identified before natural organic reduction by verifying that the documentation accompanying the human remains is consistent with a visual observation of the human remains;

(8) A burial transit permit shall be an original document pertaining to the decedent;

(9) Each reduction facility shall have:

(a) A sink with hot and cold water in the room in which the vessel is housed; and

(b) The equipment necessary to thoroughly clean the floor within the room housing the vessel with water and an appropriate sanitizing agent;

(10) The name of the decedent shall be visible on the outside of the vessel;

(11) Human remains shall be properly stored prior to natural organic reduction;

(12) Reduction facilities shall:

(a) Use only mechanical pulverizing equipment meeting industry standards that are cleaned between each use; and

(b) Pulverize the soil remains with a mortar and pestle when the soil remains are not sufficient in amount for pulverizing in mechanical equipment;

(13) Separate pulverizing drums shall be dedicated for soil remains and reduced pet remains;

(14) A reduction facility may not refuse to release soil remains pending payment of outstanding fees;

(15) Portable fans may not be used in the area of the vessel, where curing occurs, or pulverizing equipment;

(16) A registered reduction operator shall be present at the reduction facility during regular business hours;

(17) Reduction facilities shall be capable of monitoring the status of each vessel s progress during natural organic reduction; and

(18) All individuals who operate the vessels in a reduction facility shall be certified by the Cremation Association of North America, International Cemetery, Cremation and Funeral Association, or other equivalent certification recognized by the Office and the Board. Individuals receiving training toward certification to operate a vessel shall be allowed to work under the supervision of a registered reduction operator with written permission from the Office.

D. The following completed forms shall be available at all times for inspection and copying and are subject to be pulled at random by the inspector:

(1) Natural organic reduction authorization form;

(2) Burial transit permit;

(3) Delegation of authority form;

(4) Receipt for human remains;

(5) Record of each natural organic reduction, including evidence of all human remains reaching a minimum temperature of 131 degrees Fahrenheit for seventy-two consecutive hours during the natural organic reduction;

(6) Certificate of natural organic reduction;

(7) Return of soil remains certificate; and

(8) Reduction Facility Operations Plan (RFOP).

(a) A reduction facility shall have and follow an RFOP that contains a high-level overview of the operational procedures for the reduction facility in order to comply with the requirements of these regulations, to include:

(i) A description of the methods, equipment, and bulking agents to be used;

(ii) A description of the movement of materials throughout the reduction process, including a description of the locations to be used at the reduction facility for receipt, active reduction, curing, and storage phases.

(iii) Total amount of vessels;

(iv) A plan for the prevention of nuisances, including odors;

(v) A plan for the prevention of harborage and infestation of vectors;

(vi) A plan and procedure for monitoring temperature of each vessel, including a procedure for demonstrating that the pathogen reduction requirements of Regulation .11 of this chapter are met;

(vii) A plan and procedure for monitoring moisture during reduction;

(viii) A plan for periodic inspection of the site by the reduction operator or personnel;

(ix) A description of an ongoing testing program to ensure the safety of soil remains produced, compliant with Regulation .11 of this chapter;

(x) A procedure for recording instances where soil remains failed the testing program and actions taken by the registered reduction operator to bring the soil remains into compliance with Regulation .11 of this chapter; and

(xi) Establish any other reasonable prohibition, rule, or requirement the Director determines is necessary to protect the public health and safety during the process of natural organic reduction.

(b) The registered reduction operator shall review the RFOP internally every 6 months and update the RFOP when there is a change in registered reduction operators, procedures, or bulking agents.

E. Inspection results shall be written on forms approved by the Office.

F. The representative of the Office performing the inspection shall, upon completion of the inspection:

(1) Apprise the permit holder of the findings of the inspection; and

(2) Provide the permit holder or a representative of the permit holder with a copy of the inspection report.

G. The permit holder or representative of the permit holder shall sign and verify receipt of the inspection report.

H. At the time of the Office's inspection, the permit holder shall provide written documentation to the Office s inspector that:

(1) The vessel has been inspected in accordance with manufacturer specifications;

(2) In accordance with manufacturer specifications, it is not time for a manufacturer's inspection; or

(3) The permit holder has requested that the manufacturer conduct an inspection of the vessel.

.03 Reports, Deficiencies, Violations, and Penalties.

A. The Director shall review the inspection report and make a determination as to whether a deficiency exists.

B. The Office shall notify the permit holder of the results of the inspection by providing a copy of the inspection report to the permit holder.

C. If a permit holder passes an inspection, the permit holder shall prominently display, in public view on the premises, a statement issued by the Office that the reduction facility has successfully passed an inspection.

D. If the Director finds a deficiency, the Director shall:

(1) Within 7 days notify the permit holder of the deficiency or failure to pass the inspection; and

(2) Provide a copy of the inspection report, notice of the deficiency, or failure to pass the inspection to the permit holder within 30 days of completion of the inspection.

E. Correction of Deficiency.

(1) Except as provided in this section, a permit holder shall correct a deficiency within 30 days after receipt of notification or sooner as determined by the Office.

(2) The Office may require immediate correction of a deficiency if the Office considers the correction necessary in the interest of public health.

(3) The permit holder may request an extension of time within which to correct a deficiency.

(4) The Office may approve an extension of time for correction of a deficiency.

(5) Upon completion of the correction of all deficiencies, the permit holder shall notify the Office.

(6) Upon notification by the permit holder, a representative of the Office shall re-inspect the reduction facility.

(7) The Office shall notify the permit holder, in writing, of the results of the re-inspection report by providing a copy of a new inspection report to the permit holder.

(8) If re-inspection reveals additional deficiencies not cited in the first report, the permit holder shall correct those deficiencies in the time period specified by the Office unless an extension of time for correction of the additional deficiencies is requested by the permit holder and approved by the Office.

F. Penalties. In the event that a permit holder fails to allow an inspection of the reduction facility or fails to comply with a notice to correct deficiencies or violations within the time specified, the Office shall:

(1) Deem the failure to be a threat to the public health, safety, or welfare requiring immediate action;

(2) Summarily suspend the permit as provided under State Government Article, 10-226(c)(2), Annotated Code of Maryland;

(3) Provide notice of the Office's action to the permit holder; and

(4) Provide the permit holder a subsequent opportunity for a hearing pursuant to Business Regulation Article, 5-312, Annotated Code of Maryland.

.04 Complaints.

A. A complaint regarding a reduction facility or a registered reduction operator under the jurisdiction of the Office shall be:

(1) Filed by the complainant, on a form devised by the Office in compliance with the provisions of Business Regulation Article, 5-311(b), Annotated Code of Maryland; and

(2) Processed in accordance with the provisions of Business Regulation Article, 5-311(c) (h), Annotated Code of Maryland.

B. The Office may initiate a complaint or investigation.

.05 Investigations.

The Office and the Board may share investigative information and conduct joint investigations.

.06 Grounds for Discipline.

A. Subject to the hearing provisions of Business Regulations Article, 5-312, Annotated Code of Maryland, the Office may deny a reduction facility permit or registered reduction operator permit to an applicant, reprimand any person required to obtain a reduction facility permit or registered reduction operator permit, or suspend or revoke a reduction facility permit or registered reduction operator permit of an applicant or permit holder, or an agent, employee, officer, director, or partner of the applicant or permit holder for the reasons set forth in Business Regulation Article, 5-310, Annotated Code of Maryland.

B. The Office may seek the remedies and may impose the penalties set forth in Business Regulation Article, Title 5, Annotated Code of Maryland, for violations of that title.

09.34.13 Natural Organic Reduction Procedures

Authority: Business Regulation Article, 5-204, Annotated Code of Maryland

.01 Scope.

This chapter governs the procedures to be followed by a permit holder in performing natural organic reduction in this State.

.02 Removal, Identification, and Transportation of Human Remains.

A. Upon receipt of human remains, a registered reduction operator, in the presence of the authorizing agent or representative of the funeral establishment engaging reduction facility services, shall:

(1) Verify that the information on the wrist tag of the human remains is consistent with the documentation accompanying the human remains and consistent with the visual observation of the human remains;

(2) Verify with a hand magnet or metal detector wand that any battery operated, implanted devices including pacemakers, defibrillators, or pain relief devices are removed before the process may begin;

(3) Refuse to accept human remains for natural organic reduction if human remains are confirmed to have or suspected of having one or more of the following conditions:

(a) A radioactive seed implant within thirty days of death;

(b) A nuclear pacemaker;

(c) Perishing as a result of a radiologic incident or accident, unless a written release is provided by the Maryland Department of Environment Radiological Health Program or other local, state, or federal agency in charge of the response to the radiological incident or accident; or

(d) A presence of Creutzfeldt-Jakob disease or other prion disease, Ebola virus infection, mycobacterium tuberculosis infection, or any other infection, disease, or biological condition identified by the Director based on the reasonable recommendation of federal, state, or local health authority;

(4) Remove and properly dispose of any hazardous object or any other materials that the registered reduction operator deems should be removed from the human remains or vessel in order to prevent harm to the public health or damage to the vessel;

(5) Remove any jewelry on the human remains or in the vessel;

(6) Return any removed jewelry to the authorizing agent or representative of the funeral establishment engaging natural organic reduction services; and

(7) Obtain a signed, itemized receipt from the authorizing agent or representative of the funeral establishment engaging natural organic reduction services for the removed jewelry and retain the receipt as a permanent record.

B. Foreign objects removed from human remains:

(1) Shall be treated as medical waste and disposed of accordingly; and

(2) May not be donated until a sterilization process through a third party, recognized by the Office, to dispose properly of medical waste has been performed.

C. Materials identifying the human remains placed in the custody of a permit holder shall contain the following information:

(1) Name;

(2) Date of birth;

(3) Date of death;

(4) Name of funeral establishment or authorizing agent;

(5) Gender; and

(6) Name and relationship to the decedent of authorizing agent.

D. A permit holder shall not accept unidentified human remains for reduction.

.03 Vessels.

Vessel requirements. The vessel shall:

A. Be leak-proof, fully sealed, and made of stainless steel metal;

B Enable accurate testing of temperature designed to measure from the interior of the vessel and the accurate collection of any other data required by the natural organic reduction process used by the reduction facility;

C. Prevent vectors from entering the vessel; and

D. Control odor.

.04 Holding Facilities.

Holding facility requirements. A holding facility shall:

A. Comply with applicable public health laws;

B. Preserve the dignity of human remains;

C. Recognize the integrity, health, and safety of reduction facility establishment personnel; and

D. Be secure from access by unauthorized persons.

.05 Holding Remains.

A. Unless prevented by emergency circumstances, human remains that have been designated for natural organic reduction shall be placed in a vessel and begin natural organic reduction services within 48 hours of receipt.

B. A registered reduction operator may not hold human remains for natural organic reduction unless the human remains are contained within a reduction container.

C. A registered reduction operator may not accept a reduction container from which there is any evidence of leakage of bodily fluids from the human remains therein.

D. Whenever a registered reduction operator is unable to perform natural organic reduction services on a decedent within 48 hours of taking custody thereof due to emergency circumstances, the registered reduction operator shall maintain the human remains in a refrigerated holding facility, either on or off site, at 40 F or less, unless the remains have been embalmed.

E. If any remains exhibit an objectionable odor either at delivery or at any time thereafter, reduction of such remains shall commence as soon as possible after they have been accepted by the registered reduction operator or as soon as possible after the objectionable odor is first detected.

.06 Identification of Human Remains Immediately Prior to Natural Organic Reduction.

Immediately prior to being placed within the vessel, a registered reduction operator shall:

A. Verify the identification of the human remains; and

B. Place in the vessel the hard metal or plastic identification disc of the human remains receiving natural organic reduction services where it shall remain in place until the natural organic reduction process is complete.

.07 Natural Organic Reduction Authorization.

A. Except as otherwise provided in this regulation, a registered reduction operator may not perform natural organic reduction on human remains until:

(1) The human remains have been identified as required by Health Occupations Article, 7-411, Annotated Code of Maryland;

(2) The reduction facility has received:

(a) A natural organic reduction authorization form on a form approved by the Office and signed by an authorizing agent;

(b) If applicable, a written delegation document, paper or electronic;

(c) Any other documentation required by federal, State, or local law; and

(3) The registered reduction operator has documented that at least 12 hours have elapsed from the time of death of the individual whose remains are to receive natural organic reduction services.

B. The natural organic reduction authorization form shall:

(1) Be provided by the permit holder to the authorizing agent, and signed by the authorizing agent;

(2) Contain the following information:

(a) The identity of the decedent;

(b) Date of death;

(c) The name and address of the reduction facility where the natural organic reduction will occur;

(d) The name and address of the authorizing agent and the relationship between the authorizing agent and the deceased;

(e) Disclose that the authorizing agent may not use or dispose of soil remains:

(i) On public or private property without the prior written permission of the owner or surviving owner of the property;

(ii) By using the soil remains to grow food for consumption by humans or livestock;

(iii) By selling or reselling the soil remains to a third party; or

(iv) By combining or incorporating the soil remains into compost offered for sale to consumers or for commercial or agricultural purchasers;

(f) Indicate whether the decedent is a veteran, as defined in 9-901 of the State Government Article, or an eligible dependent, as defined in 5-803 of the Business Regulation Article;

(g) Authorization for the registered reduction operator to perform natural organic reduction services;

(h) Authorization to verify that the following have been removed prior to perform natural organic reduction:

(i) Implanted pacemaker or defibrillator; or

(ii) Any other materials that the registered reduction operator deems should be removed to prevent harm to the public health or damage to equipment;

(i) A representation by the authorizing agent that none of the following apply:

(i) A radioactive seed implant within thirty days of death until such time that thirty days have elapsed or the organ containing the seed(s) has been removed;

(ii) Containing a nuclear pacemaker until such time that the nuclear pacemaker is removed;

(iii) Perishing as a result of a radiologic incident or accident, unless a written release is provided by the department of health office of radiation protection or other state or federal agency in charge of the response to the radiological incident or accident; or

(iv) there is a presence of Creutzfeldt-Jakob disease or other prion disease, Ebola virus infection, mycobacterium tuberculosis infection, or any other infection, disease, or biological condition identified by the Director based on the reasonable recommendation of federal, state, or local health authority;

(j) A representation that the authorizing agent is aware of no objection to the decedent receiving natural organic reduction services by any person who has a right to control the disposition of the decedent;

(k) The name and address of the person authorized to claim the soil remains from the reduction facility or accept the soil remains via registered mail;

(l) Informs the authorizing agent of the procedures that will be followed if disposition instructions are not received within sixty days of the permit holder first attempts to contact the authorizing agent to notify the authorizing agent the natural organic reduction service is complete;

(m) Informs the authorizing agent that recovery of the soil remains after the disposition may not be possible; and

(3) Be signed by the authorizing agent.

C. If an authorizing agent is not available to execute the natural organic reduction authorization form, the authorizing agent may delegate that authority to another individual:

(1) In writing; or

(2) If located outside the area, by transmitting to the permit holder:

(a) A signed, notarized statement, electronically or by facsimile device, that contains the name, address, and relationship of the sender to the decedent and the name and address of the individual to whom authority is delegated; and

(b) Once the authorizing agent is located in the area, a notarized statement attesting to the delegation of authority.

D. Upon receipt of the written delegation document or a copy of the delegation statement transmitted electronically or by facsimile device, the permit holder shall allow the named individual to serve as the authorizing agent. The documents shall be signed by the authorizing agent in the presence of a notary.

E. A person signing a natural organic reduction authorization form is deemed to warrant the truthfulness of any facts set forth in the natural organic reduction authorization form, including the identity of the decedent whose remains are receiving natural organic reduction and the authority of that person to order natural organic reduction.

F. A permit holder shall notify and obtain the written consent of the authorizing agent before the natural organic reduction of human remains at a location other than the location named on the reduction authorization form.

G. A permit shall maintain a copy of every natural organic reduction authorization form required under this regulation as permanent records.

H. Natural organic reduction authorization records are subject to inspection and copying by the Office.

.08 Record of Receipt of Remains.

A. A registered reduction operator shall provide to an individual who delivers human remains for natural organic reduction a receipt signed by both the registered reduction operator and the person who delivered the human remains, that includes the:

(1) Name of the individual from whom the human remains were received and the name of the individual s employer, if any;

(2) Name and address of the reduction facility;

(3) Name and address of the decedent;

(4) Gender of the decedent;

(5) Date of death of decedent; and

(6) Verification of authorized burial transit permit.

B. The permit holder shall maintain a record of each natural organic reduction which shall include the:

(1) Name of the decedent;

(2) Date of birth of the decedent;

(3) Date of death of the decedent;

(4) Gender of the decedent;

(5) Name and address of the authorizing agent;

(6) Relationship of the authorizing agent to the decedent;

(7) Date, time, and location of the reduction facility; and

(8) Name of the registered reduction operator who performed the natural organic reduction.

C. The permit holder shall provide a certificate of disposition of soil remains to the authorizing agent or funeral establishment that arranged for the natural organic reduction that contains the:

(1) Name of the decedent;

(2) Name of the authorizing agent;

(3) Relationship of the authorizing agent to the decedent;

(4) Date, time, and location where the natural organic reduction occurred;

(5) Name of the registered reduction operator who performed the natural organic reduction;

(6) Name and address of the person who received the soil remains from the permit holder; and

(7) If ascertainable, the location, including the name of the cemetery and plot location if the soil remains are interred, the manner, and the date of the disposition of the soil remains.

D. The permit holder shall maintain a copy of every record and receipt required by this regulation as permanent records.

E. All records required to be maintained by a permit holder by this chapter are subject to inspection and copying by the Office.

.09 Reduction Procedures and Prohibited Acts.

A. Basic Operating Requirements.

(1) The permit holder shall keep a permanent record of:

(a) The starting and ending date of each natural organic reduction; and

(b) The daily temperature data for each natural organic reduction, including records showing that the minimum temperature of 131 degrees Fahrenheit was reached for seventy-two consecutive hours.

(2) The Registered reduction operator shall ensure:

(a) Only a vessel that is designed to promote aerobic reduction, minimizes odors and vectors, and made of stainless steel is used for natural organic reduction;

(b) A registered reduction operator is on site during business hours;

(c) A registered reduction operator is able to monitor active vessels at all times;

(d) Compliance with all other applicable local, State, and federal laws and regulations; and

(e) Vessels reach an internal minimum temperature of 131 degrees Fahrenheit for seventy-two consecutive hours during natural organic reduction.

(3) The reduction facility shall be maintained in a clean and sanitary condition.

(4) The reduction facility, including the bulking agent receipt area, bulking agent storage area, active vessel storage area, curing area, and soil remains storage areas, shall be maintained to prevent nuisances, odors and vectors.

(5) Bulking agents shall be received in a timeframe and managed to prevent nuisance odors, unauthorized discharge of contact water, fire, and scavenging by vectors.

(6) Veteran and Eligible Dependent Decedents.

(a) Unless the authorizing agent directs otherwise, a permit holder in possession of human remains of a decedent veteran or a decedent eligible dependent shall, within 5 business days of the initiation of the natural organic reduction provide the decedent s identifying information to a veterans service organization, as defined in 5-803 of the Business Regulation Article.

(b) The veterans service organization will notify the permit holder whether the decedent is a veteran or eligible dependent eligible for burial in a veterans cemetery.

(c) The permit holder will notify the authorizing agent whether the decedent is eligible for burial in a veterans cemetery. The authorizing agent may authorize the permit holder to:

(i) Transfer a portion of the soil remains to a veterans service organization that grants permission for the purpose of disposition; and

(ii) Transfer the balance of the soil remains to a cemetery or the owner of a woodland protected under the Forest Conservation Act.

(d) If a veterans service organization does not take possession of a portion of unclaimed soil remains under this regulation that qualifies for a plot in a State veterans cemetery under 9-906 of the State Government Article, within 10 days after the reduction facility receives the notification, the reduction facility shall:

(i) notify the Department of Veterans and Military Families of the status of the soil remains for the purpose of the appropriate disposition of the soil remains;

(ii) transfer the soil remains to the Department of Veterans and Military Families for the purpose of the appropriate disposition of the soil remains; and

(iii) if authorized by the cemetery or owner, transfer the balance of the soil remains to a cemetery or the owner of a woodland protected under the Forest Conservation Act.

(7) Soil remains may not be stored on site for longer than 12 months, unless approved by the Office on a case-specific basis and addressed in the RFOP.

B. General Restrictions.

(1) A permit holder shall not engage in operating a reduction facility in a manner which will likely:

(a) Create a nuisance;

(b) Be conducive to insect and rodent infestation or the harborage of animals;

(c) Cause nuisance odors or other air pollution in violation of state, local, or federal laws and regulations unless permitted by state, federal, or local authorities;

(d) Cause a discharge of liquid or solid waste derived from human remains to waters of this State unless otherwise permitted by state, federal, or local authorities; or

(e) Create other hazards to the public health, safety, or comfort as may be determined by state, federal, or local authorities.

(2) A registered reduction operator may not:

(a) Perform natural organic reduction on human remains which are known, or reasonably suspected, to have been embalmed or have an infection, disease, or other biological condition that renders the process of natural organic reduction or the soil remains unreasonably unsafe, including:

(i) Creutzfeldt-Jakob disease or other prion disease;

(ii) Ebola virus infection;

(iii) Mycobacterium tuberculosis infection;

(iv) The presence of diagnostic or therapeutic radioisotopes; or

(v) Any other infection, disease, or biological condition identified by the Director based on the reasonable recommendation of a federal, State, or local health authority;

(b) Use or dispose of soil remains on public or private property without the prior written permission of the owner or surviving owner of the property;

(c) Knowingly use or sell the soil remains to grow food for consumption by humans or livestock;

(d) Combining or incorporating the soil remains into compost offered for sale to consumers or for commercial or agricultural purchasers.

C. The Office, in exercising its authority under these regulations with respect to granting or renewing permits or inspecting a reduction facility may consider any documentation required under these regulations to evaluate whether any of the conditions described in these regulations is likely to occur or has occurred.

.10 Disposition of Soil Remains.

A. Upon completion of the natural organic reduction process, insofar as is possible:

(1) All of the recoverable soil remains shall be:

(a) Removed from the vessel;

(b) Except for medical devices remaining after reduction, pulverized; and

(c) Placed in a soil remains container; and

(2) The identification disc required by Health Occupations Article, 7-411, Annotated Code of Maryland, shall be:

(a) Removed from the vessel; and

(b) Placed in the soil remains container with the soil remains.

B. Medical devices which remain after the completion of the natural organic reduction process shall be treated as medical waste and disposed of accordingly.

C. After pulverization, all soil remains, together with the identification disc, shall be placed in a soil remains container or containers adequate to accommodate the soil remains.

D. A registered reduction operator is responsible for the label or labeling or providing on a written invoice or shipping statement indicating the soil remains containers, and a person may not use or dispose of soil remains produced by natural organic reduction:

(1) On public or private property without the prior written permission of the owner or surviving owner of the property;

(2) By using the soil remains to grow food for consumption by humans or livestock;

(3) By selling or reselling the soil remains to a third party; or

(4) By combining or incorporating the soil remains into compost offered for sale to consumers or for commercial or agricultural purchasers.

E. If a soil remains container is to be shipped, the soil remains container shall have the name of the decedent contained therein legibly written on the outside of the soil remains container.

F. If soil remains have been in the possession of a permit holder without instructions for disposition for a period of 90 days or more from the date of reduction, the permit holder may arrange for disposition in any legal manner, provided the entity:

(1) Attempts to contact the authorizing agent for disposition instructions by U.S. mail to the last known address;

(2) Informs the authorizing agent at the time of authorization the procedures that will be followed if disposition instructions are not received;

(3) Informs the authorizing agent at the time of authorization that disposition will occur in a manner at the permit holder s discretion if disposition instructions are not received within sixty days of the first attempt to notify the authorizing agent of the completion of natural organic reduction;

(4) Informs the authorizing agent that recovery of the soil remains after disposition may not be possible; and

(5) Maintains a permanent record of the location of disposition.

G. A permit holding making disposition arrangements of unclaimed soil remains will not be liable for the disposition or nonrecoverability of the soil remains.

H. Bodily fluids, blood, tissues, and waste removed from human remains must be kept with the body or disposed in accordance with local ordinances and other applicable laws and rules for infectious waste.

I. A sewage system approved by local authorities may be used for the disposal of wastewater, blood, other bodily fluids, and effluent.

J. All containers and liners used to receive solid or fluid materials removed from human remains must be cleaned and disinfected immediately after use and disposed of in accordance with local ordinances and other applicable laws and rules for infectious waste.

.11 Testing of Soil Remains.

A. A permit holder shall:

(1) Collect material samples for analysis that are representative of each instance of natural organic reduction using a sampling method such as described in the U.S. Composting Council 2002 Test Methods for the Examination of Composting and Compost, Method 02.01-A through E, or its successor;

(2) Analyze each instance of soil remains for physical contaminants. Soil remains must have less than 0.01 mg/kg dry weight of physical contaminants which include, but are not limited to, intact bone, dental fillings, and medical implants;

(3) Test for arsenic, cadmium, lead, mercury, and selenium, and either fecal coliform or salmonella in soil remains to meet the testing parameters and limits identified in Table A;

(4) Analyze, using a third-party laboratory, the reduction facility s soil remains according to the following schedule:

(a) The reduction facility s initial 20 instances of soil remains for the parameters identified in Table A, and any additional instances of soil remains necessary to achieve 20 reductions meeting the limits identified in Table A; and

(b) After 20 soil remains meet the limits outlined in Table A, analyze, at minimum, 25 percent of a reduction facility s monthly instances of soil remains for the parameters identified in Table A until 80 total instances have met the requirements in Table A;

(5) The local health authority may require tests for additional parameters under (2) and (3) of this regulation; and

(6) Not release any soil remains that exceed the limits identified in Table A.

B. The permit holder shall prepare, maintain, and have available upon request by the Office or other State, local, or federal authority an annual report for each calendar year detailing the reduction facility s:

(1) Name and address;

(2) Registered reduction operator name;

(3) Calendar year covered by the report;

(4) Number of natural organic reductions completed and in progress;

(5) Results of all laboratory analyses of soil remains; and

(6) Any additional information required by the Office or other State, local or federal authorities.

Table A

Testing Parameters

Metals and other testing parameters	Limit (mg/kg dry weight), unless otherwise specified
Fecal coliform	< 1,000 Most probable number per gram of total solids (dry weight)
or
Salmonella	< 3 Most probable number per 4 grams of total solids (dry weight)
and
Arsenic	≤ 20 ppm
Cadmium	≤ 10 ppm
Lead	≤ 150 ppm
Mercury	≤ 8 ppm
Selenium	≤ 18 ppm

.12 Tools.

Permit holders providing natural organic reduction services shall maintain, at its own expense, the following tool inventory:

A. Suitable tools for cleaning a vessel;

B. Suitable tools for cleaning pulverizers;

C. Mortar and pestle;

D. Hand magnet and metal detector wand to detect and remove metal from soil remains;

E. Tweezers to remove nonmetal objects from soil remains;

F. National Institute for Occupational Safety & Health certified N95 filtering facepiece respirators; and

G. An emergency eyewash unit meeting the criteria established under the American National Standards Institute and the International Safety Equipment Association Z358.1-2014 (R2020) or its successor.

.13 Visitors.

A. Privacy. Entrances and exterior windows of the reduction facility shall be maintained at all times to secure privacy, including:

(1) Doors shall be tight closing and rigid;

(2) Windows shall be covered;

(3) Entrances other than to the office or ceremony room shall be marked private or authorized entry only to preclude entry by unauthorized persons; and

(4) Entrances shall be locked and secured when not actively attended by one or more authorized persons.

B. Access. No persons except authorized persons shall be admitted into the holding facility while human remains are being stored and no persons except authorized persons shall be admitted into the area containing vessels for natural organic reduction while the decedents are receiving natural organic reduction. Authorized persons shall enter and remain in the holding facility or vessel area only as necessary to perform or assist with the performance of reduction facility business and operations. On admittance, authorized persons shall comply with all rules of the reduction facility and not infringe upon the privacy and dignity of the remains of decedents.

C. Dignity of ceremony room. A reduction facility may have a ceremony room available for viewings and ceremonies. The ceremony room shall be separated from the holding facility. The holding facility interior shall not be visible from the ceremony room. No persons except authorized persons shall be admitted into the ceremony room during the commencement of natural organic reduction.

D. Authorized persons. The following are authorized persons:

(1) Registered funeral directors, undertakers, registered residents, and enrolled students of mortuary science;

(2) Officers and directors of the reduction facility;

(3) Authorized employees or agents of the reduction facility;

(4) Public officers acting in the discharge of their duties;

(5) Authorized instructors of funeral directing schools;

(6) The person or persons in control of disposition;

(7) Members of the immediate family of the decedent, their authorizing agent and designated representatives; and

(8) Other individuals authorized by the authorizing agent or accompanied by reduction facility staff.

09.34.14 Natural Organic Reduction Code of Ethics

Authority: Business Regulation Article, 5-204, Annotated Code of Maryland

.01 Scope.

This chapter governs any person who holds a permit, pursuant to Business Regulation Article, Title 5, Annotated Code of Maryland, to engage in the operation of a reduction facility or to act as a registered reduction operator.

.02 General Professional Practice.

A. A permit holder shall:

(1) Act in a manner that respects and protects the dignity of a decedent and the decedent s family;

(2) Conduct business in a reasonable, usual, and customary manner;

(3) Comply with the State public health laws as set forth in Health General Article, 4-215 and 5-501 to 5-1001, Annotated Code of Maryland;

(4) Comply with Business Regulation Article, Title 5, Annotated Code of Maryland;

(5) Comply with the Commercial Law Article, Titles 12 and 13, Annotated Code of Maryland;

(6) Implement and follow through on all arrangements agreed upon between a consumer and the reduction facility;

(7) Provide appropriate services for and respect the rights of individuals without regard to age, race, creed, national origin, gender, disability, marital status, political belief, religious affiliation, social or economic status, or social preferences;

(8) Comply with all local, State, and federal laws regarding the disposition of human remains;

(9) Be sensitive and responsive to the bereavement needs of a decedent s family;

(10) Provide a general price list in effect at that time, in accordance with the requirements of the Federal Trade Commission s funeral rule found at 16 CFR part 453; and

(11) Provide accurate information from the general price list to any person who requests information, by telephone, regarding natural organic reduction related goods or services.

B. In advertising, a permit holder may not include statements:

(1) That are misrepresentations of facts;

(2) That are likely to mislead or deceive because, in context, the statement makes only a partial disclosure of relevant facts;

(3) Relating to fees without reasonable disclosure of all relevant variables so that the statement would not be misunderstood or be deceptive to a consumer; or

(4) Containing representations or implications that in reasonable probability can be expected to cause an ordinarily prudent person to misunderstand or be deceived.

C. A permit holder or registered reduction operator may not:

(1) Use, or participate in the use of, any form of communication to consumers containing a false, fraudulent, misleading, deceptive, or unfair statement or claim; or

(2) Operate a reduction facility or perform a natural organic reduction while under the influence of alcohol, an illegal drug, or a controlled dangerous substance which has not been prescribed by a physician.

DEBORAH RAPPAZZO

Director of the Office of Cemetery Oversight

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 07 HOSPITALS

10.07.04 Residential Treatment Centers for Emotionally Disturbed Children and Adolescents

Authority: Health-General Article, 19 301 and 19 360, Annotated Code of Maryland

Notice of Proposed Action

[25-284-P]

The Secretary of Health proposes to amend Regulations .02, .04, and .17 under COMAR 10.07.04 Residential Treatment Centers for Emotionally Disturbed Children and Adolescents.

Statement of Purpose

The purpose of this action is to revise COMAR 10.07.04 so that it is consistent with Maryland law. This proposed action is being requested because it will address concerns brought forth by the regulated industry (residential treatment centers) and the accrediting organization industry. This change will allow licensed residential treatment centers to have additional, recognized accreditation options of the Commission on Accreditation of Rehabilitation Facilities (CARF) and Council on Accreditation (COA) in addition to the Joint Commission on Accreditation of Healthcare Organizations.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534, Baltimore, Maryland 21201, or call 410-767-0938, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) Accreditation organization means a private entity that conducts inspections and surveys of health care facilities based on nationally recognized and developed standards.

[(1)] (2) Accredited residential treatment center means a residential treatment center that is accredited by [the Joint Commission]:

(a) The Joint Commission on Accreditation of Healthcare Organizations;

(b) The Commission on Accreditation of Rehabilitation Facilities; or

(c) The Council on Accreditation.

[(2)] (3) [(9)] (10) (text unchanged)

(11) Nonaccredited residential treatment center means a residential treatment center that is not accredited by:

(a) The Joint Commission on Accreditation of Healthcare Organizations;

(b) The Commission on Accreditation of Rehabilitation Facilities; or

(c) The Council on Accreditation.

[(11)] (12) [(13)] (14) (text unchanged)

.04 Licensing Procedure.

A. Application. Applicants shall conform to the following:

(1) (5) (text unchanged)

(6) License renewal shall be based on accreditation by the Joint Commission, the Commission on Accreditation of Rehabilitation Facilities, or the Council on Accreditation.

(7) (text unchanged)

B. C. (text unchanged)

D. Licenses for Less Than 12 Months for the Operation of Hospitals and Related Institutions. The Secretary may issue a provisional license[,] to a nonaccredited residential treatment center if:

(1) The nonaccredited residential treatment center is pending accreditation by The Joint Commission, the Commission on Accreditation of Rehabilitation Facilities, or the Council on Accreditation; and

(2) The provision license is valid for a period not to exceed 12 months.

.17 Complaint Investigations.

A. (text unchanged)

B. Complaints.

(1) (3) (text unchanged)

(4) When conducting its independent investigation of an accredited residential treatment center, the Department shall use the standards of the [Joint Commission] accreditation organization that accredits the residential treatment center and this chapter.

MEENA SESHAMANI, MD, PHD
Secretary of Health

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.49 Telehealth Services

Authority: Health-General Article, 2-104(b), 15-103, 15-105, and 15-105.2(b), Annotated Code of Maryland; Ch. 280, Acts of 2013; Ch. 366, Acts of 2016; Ch. 367, Acts of 2016

Notice of Proposed Action

[25-281-P]

The Secretary of Health proposes to amend Regulations .02, .07, and .08 under COMAR 10.09.49 Telehealth Services.

Statement of Purpose

The purpose of this action is to:

(1) Permanently expand telehealth services, in accordance with the Preserve Telehealth Access Act of 2025;

(2) Remove previous sunset dates, making telehealth coverage changes that began during the Public Health Emergency and were extended by the Preserve Telehealth Access Act of 2023 permanent; and

(3) Amend the definition of telehealth to include audio-only communication in accordance with the Preserve Telehealth Access Act of 2025.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (4) (text unchanged)

(5) "GT modifier" means the Healthcare Common Procedure Coding System [(HCPCS)] service code modifier indicating that the provider rendered a healthcare service via an interactive audio and video telecommunications system.

(6) (13) (text unchanged)

(14) UB modifier means the Healthcare Common Procedure Coding System service code modifier indicating that the provider rendered a healthcare service via an interactive audio-only telecommunications system.

.07 Limitations.

A. (text unchanged)

B. A service delivered via telehealth does not include:

[(1) An audio-only telephone conversation between a health care provider and a patient unless provided on dates of service between July 1, 2021, and June 30, 2023, inclusive;]

[(2)] (1) [(4)] (3) (text unchanged)

C. E. (text unchanged)

F. A provider [eligible to bill a professional fee for a health care service shall bill a professional fee for the health care service instead of a clinic facility fee] may not bill for facility, room, or board charges for telehealth visits if a professional fee can be billed separately.

.08 Reimbursement.

A. (text unchanged)

B. Distant Site Reimbursement.

(1) (text unchanged)

(2) Services delivered via audio-visual telehealth shall be billed with the telehealth GT modifier.

(3) Services delivered via audio-only telehealth shall be billed with the UB modifier.

[(3)] (4) (text unchanged)

MEENA SESHAMANI, MD, PHD

Secretary of Health

Subtitle 67 MARYLAND HEALTHCHOICE PROGRAM

10.67.05 Maryland Medicaid Managed Care Program: Access

Authority: Health-General Article, 2-104, 15-102.1(b)(10), 15-102.3 and 15-103; Insurance Article 15-112, 15-605, and 15-1008; Annotated Code of Maryland

Notice of Proposed Action

[25-282-P]

The Secretary of Health proposes to amend Regulation .05 under COMAR 10.67.05 Maryland Medicaid Managed Care Program: Access.

Statement of Purpose

The purpose of this action is to align with the State s vision for advanced primary care as the foundation of our health system. This change aligns with the American Academy of Family Physicians definition of primary care as clinicians.

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

.05 Access Standards: PCPs and MCO s Provider Network.

A. Primary Care Provider (PCP).

(1) (4) (text unchanged)

(5) An MCO may include, as appropriate, any of the following practitioners to serve as the primary care provider for an enrollee:

(a) (d) (text unchanged)

[(e) OB/GYN;]

[(f)] (e) Physician assistant; and

[(g) Certified nurse midwife;]

[(h)] (f) Nurse practitioner certified in any of the following areas of specialization:

(i) (ii) (text unchanged)

[(iii) Geriatric;

(iv) OB/GYN;]

[(v)] (iii) (text unchanged)

[(vi)] (iv) Family[; and].

[(i) A physician practicing in a specialty area other than those enumerated in A(5)(b) (e) of this regulation.]

(6) (7) (text unchanged)

B. (text unchanged)

MEENA SESHAMANI, MD, PHD
Secretary of Health

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 04 STATE HIGHWAY ADMINISTRATION

11.04.19 Vehicle Equipment Portable Variable Messaging Signs Authorization

Authority: Transportation Article, 22 218(c)(7) and 22 218.2(a), Annotated Code of Maryland

Notice of Proposed Action

[25-237-P]

The Administrator of the State Highway Administration proposes to adopt new Regulations .01 .03 under a new chapter, COMAR 11.04.19 Vehicle Equipment Portable Variable Messaging Signs Authorization.

Statement of Purpose

The purpose of this action is to authorize a tow truck to display a portable variable messaging sign mounted on the tow truck while at the scene of a crash or a disabled vehicle. The portable variable messaging sign must conform to the standards established in the Manual on Uniform Traffic Control Devices adopted by the State Highway Administration (SHA) and display only those messages approved by SHA.

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 Zachary Mohler, COMAR Coordinator, State Highway Administration, 707 North Calvert Street C-412, Baltimore, MD 21202, or call 410-545-5691, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

.01 Definitions.

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

B. Terms Defined:

(1) MdMUTCD means the Maryland Manual on Uniform Traffic Control Devices for Streets and Highways adopted in Transportation Article, 25-104, Annotated Code of Maryland.

(2) Portable variable messaging sign , also referred to as a portable changeable message sign in the MdMUTCD, means a sign that is capable of displaying more than one message, of which one message may be a blank display, and that is changeable manually, by remote control, or by automatic control.

(3) Tow truck has the meaning stated in Transportation Article, 13-920, Annotated Code of Maryland.

.02 Tow Truck-mounted Portable Variable Messaging Signs.

All tow truck-mounted portable variable messaging signs shall be:

A. Permanently affixed to a tow truck;

B. Installed at a height of at least 7 feet measured from the surface of the roadway to the bottom of the sign; and

C. In conformance with the requirements of the MdMUTCD.

.03 Message Display.

A. A message may be displayed only while at the scene of a crash or a disabled vehicle.

B. The message that may be displayed is SLOW DOWN , displayed as two lines in all upper-case letters.

C. Any tow truck-mounted portable variable messaging sign shall only display static text that:

(1) Is colored yellow or amber, on an opaque black background;

(2) Is one consistent letter height of at least 10 inches; and

(3) Contains words within which the letter spacing is between 25 and 40 percent of the letter height.

D. The vertical spacing between the lines of text shall be between 50 and 75 percent of the letter height.

E. The message shall not include animation, flashing, dissolving, exploding, scrolling, or other dynamic display elements.

WILLIAM PINES
Administrator

Subtitle 12 MOTOR VEHICLE ADMINISTRATION LICENSING OF BUSINESSES AND OCCUPATIONS

11.12.07 Assessment of Fines

Authority: Transportation Article, 12-104(b), 15-110.1, 15-212, 15-315, 15-514, 15-607, 15-710, and 15-807, Annotated Code of Maryland

Notice of Proposed Action

[25-252-P]

The Administrator of the Motor Vehicle Administration proposes to amend Regulation .01 under COMAR 11.12.07 Assessment of Fines.

Statement of Purpose

The purpose of this action is to establish and standardize the assessment of fines on business or occupations that are licensed as a new or used vehicle dealer and title service agents.

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 Tracey C. Sheffield, Regulations Coordinator, MVA, 6601 Ritchie Highway N.E. Room 102, Glen Burnie, MD 21062, or call 410-768-7545, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

.01 Standards.

A. (text unchanged)

B. [For submission of titling] Failure to submit title and registration data, fees, and taxes, [in addition to A of this regulation, the Administration shall consider the degree of lateness.] may result in a standard fine which is assessed at a rate of:

(1) For a tag and title service that submits transaction information later than required by the contract between the tag and title service and the Administration, the standard fine shall be:

(a) For the first late day after the requirement to submit by contract, $30; and

(b) Increased by $1 per day thereafter.

(2) For a dealership that submits transaction information later than 30 days after the transaction date, the standard fine shall be:

(a) For the first day after 30 days, $30; and

(b) Increased by $1 per day thereafter.

C. Fines levied in B of this regulation are the standard fines and can be adjusted as determined by the Administration based on circumstance. Nothing in this section limits additional administrative action as determined by the Administration including license suspension and revocation.

CHRISTINE NIZER
Administrator

Subtitle 15 MOTOR VEHICLE ADMINISTRATION VEHICLE REGISTRATION

11.15.15 Issuance of Chesapeake Bay Commemorative Plates

Authority: Transportation Article, 12-104(b) and 13-618, Annotated Code of Maryland

Notice of Proposed Action

[25-236-P]

The Administrator of the Motor Vehicle Administration proposes to amend Regulation .02 under COMAR 11.15.15 Issuance of Chesapeake Bay Commemorative Plates.

Statement of Purpose

The purpose of this action is to clarify the distribution of funds for the issuance of Chesapeake Bay Commemorative Plates.

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 Tracey C. Sheffield, Regulations Coordinator, MVA, 6601 Ritchie Highway N.E., Room 200 Glen Burnie, MD 21062, or call 410-768-7545, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

.02 Distribution of Funds.

A. Pursuant to Transportation Article, 13-618, Annotated Code of Maryland, the [fee] fees in B of this regulation shall be distributed equally between the Motor Vehicle Administration and the Chesapeake Bay Trust [as follows:].

B. Chesapeake Bay registration plate fees is as follows:

(1) [$10 to the Motor Vehicle Administration] For original Chesapeake Bay registration plates, the fee as set in COMAR 11.11.05.04(A)(3)(a); and

(2) [$10 to the Chesapeake Bay Trust, a nonprofit organization created by the Maryland General Assembly in 1985] For the renewal of Chesapeake Bay registration plates, the fee as set in COMAR 11.11.05.04(A)(3)(b).

[B.]C. (text unchanged)

CHRISTINE NIZER
Administrator

11.15.30 Issuance of Special Agricultural Registration Plates

Authority: Transportation Article, 12-104(b) and 13-619.2, Annotated Code of Maryland

Notice of Proposed Action

[25-245-P]

The Administrator of the Motor Vehicle Administration proposes to amend Regulation .02 under COMAR 11.15.30 Issuance of Special Agriculture Registration Plates.

Statement of Purpose

The purpose of this action is to clarify the distribution of funds for the issuance of Special Agriculture Registration Plates.

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 Tracey C. Sheffield, Regulations Coordinator, MVA, 6601 Ritchie Highway, N.E., Room 102, Glen Burnie, or call 410-768-7545, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

.02 Distribution of Funds.

A. The fee provided for in [Regulation .01E of this chapter] COMAR 11.11.05.04(A(3)(a) for original special agriculture registration plates shall be distributed equally between the Motor Vehicle Administration and the Maryland Agricultural Education Foundation.

B. The fee provided for in [Regulation .01E of this chapter] COMAR 11.11.05.04(A(3)(b) for renewal of special agriculture registration plates shall be distributed to the Maryland Agricultural Education Foundation.

C. (text unchanged)

CHRISTINE NIZER
Administrator

Subtitle 19 MOTOR VEHICLE ADMINISTRATION SCHOOL VEHICLES

11.19.05 School Vehicle Drivers

Authority: Transportation Article, 12-104(b) and 25-110, Annotated Code of Maryland

Notice of Proposed Action

[25-256-P]

The Administrator of the Motor Vehicle Administration proposes to amend Regulation .01 under COMAR 11.19.05 School Vehicle Drivers.

Statement of Purpose

The purpose of this action is to update the requirement for an employer or owner of the school vehicle to maintain a copy of their school vehicle drivers medical examiner s certificate to ensure that a medical exam has happened within the previous 12 months; and monitor the driver in a licensing monitoring system approved by the Administration.

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 Tracey C. Sheffield, Regulations Coordinator , MVA, 6601 Ritchie Highway N.E., Room 102, Glen Burnie, MD 21062, or call 410-768-7545, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

.01 Physical Examination.

A. F. (text unchanged)

G. [A copy] For drivers who do not hold a Maryland license the employer or owner of the school vehicle shall:

(1) Maintain and keep on file a copy of the driving record that has been issued within the past 12 months; and

(2) Record the issuance date of the medical [examination report and certificate shall be retained by the employer or owner of a school vehicle. If the owner of the school vehicle is under contract to provide services by the local board of education, a copy of the report and certificate shall be retained by the local board of education. These copies shall be available for inspection] examiner s certificate to ensure that a medical exam has occurred as required under A of this regulation; and

(3) Monitor the driver in a license monitoring system, if available, in the state where their license is issued.

H. For drivers who hold a Maryland license, the employer or owner of the school vehicle shall:

(1) Maintain and keep on file a copy of the driving record that has been issued within the past 12 months;

(2) Record the issuance date of the medical examiner s certificate to ensure that a medical exam has occurred as required under A of this regulation; and

(3) Monitor the driver in a license monitoring system approved by the Administration.

CHRISTINE NIZER
Administrator

Title 13A
STATE BOARD OF EDUCATION

Subtitle 02 LOCAL SCHOOL ADMINISTRATION

13A.02.01 Local Boards of Education

Authority: Education Article, 2-205, 4-101, 4-105, 4-106, 5-101, 5-109, and 7-103, Annotated Code of Maryland

Notice of Proposed Action

[25-277-P]

The State Board of Education proposes to amend Regulation .01 under COMAR 13A.02.01 Local Boards of Education. This action was considered by the State Board of Education at its meeting on November 4, 2025.

Statement of Purpose

The purpose of this action is to establish requirements for local boards of education to hold regular meetings of the local board in-person. There are outlined exceptions for special meetings of the local board and for exceptional circumstances. The amendments would also establish minimum requirements for local boards to hold an opportunity for public comment and adopt a written policy for conducting public comment.

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 Zachary Hands, Executive Director, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201., or call 443-915-6094, or email to [email protected]. Comments will be accepted through January 26, 2026. 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 February 24, 2026 at 9:00 am, at 200 West Baltimore Street, Baltimore, MD 21201.

.01 Rules for Meetings.

[The rules generally adopted by deliberative bodies for their government shall be observed by the local board of education. A motion or resolution may not be declared adopted without the concurrence of a majority of the whole board; namely: three members when the board consists of five, four members when the board consists of six or seven, and five members when the board consists of eight or nine.]

A. This regulation governs the requirements for any meeting of a local board of education (local board). A local board shall comply with the rules generally adopted by deliberative bodies for their governance to ensure that all meetings are conducted in an open and transparent manner and as required by this chapter.

B. Terms Defined.

(1) Exceptional circumstances means a temporary, unexpected event that makes an in-person meeting unfeasible or unsafe, such as a state or local government-declared public health emergency, severe weather event that closes schools and government offices, or an infrastructure failure that renders the designated meeting location unusable.

(2) In-person meeting means the physical gathering of a quorum of a local board in a location to conduct public business.

(3) Open session means a meeting or part of a meeting of the local board that is open to the public as required by the Maryland Open Meetings Act, General Provisions Article, Title 3, Annotated Code of Maryland.

(4) Special Meetings means any non-regularly scheduled meeting of a local board that is typically called to address urgent or specific matters that arise between regular meetings.

C. Requirements for Open Sessions.

(1) In-Person Meetings Required. A local board shall meet in person for all open sessions to conduct its official business.

(2) Public Observation. All open sessions shall be held in a physical location that:

(a) Admits the public;

(b) Is reasonably accessible to individuals who wish to attend;

(c) Is sufficiently sized to accommodate the expected audience; and

(d) Permits the public to observe and hear the meeting.

(3) Hybrid Meetings. Board members may participate remotely by video or telephone conference provided that a quorum of the local board is present in person.

(4) Virtual Meetings Limited Exception.

(a) A local board may only meet virtually for an open session under exceptional circumstances or special meetings as defined in B of this regulation.

(b) A local board shall meet the notice, access, and transparency requirements of Maryland s Open Meetings Act.

(c) The open session in-person meeting requirement does not apply to committees and task forces of the local board.

D. Closed Session. This regulation does not preclude a local board from meeting virtually when convening in closed session, provided the closed session is conducted in compliance with the provisions of the Maryland Open Meetings Act, General Provisions Article, Title 3, Annotated Code of Maryland.

E. Public Comment.

(1) Opportunity for Public Comment. The local board shall permit a period during its open session meetings to hear comment from members of the public.

(2) Adoption of Policy. The local board shall adopt a written policy regarding the process, rules, and procedures for public comment, which shall include:

(a) The rules for registering to speak;

(b) Any reasonable limitations on the time allotted to each speaker; and

(c) The subject matter that may be addressed during the public comment period.

(3) The local board shall make its public comment policy readily available to the public on its official website.

F. Motions and Resolutions.

(1) A motion or resolution may not be declared adopted without the concurrence of a majority of the member of the local board.

(2) A majority of member of the local board consists of three members when the board consists of five, four members when the board consists of six or seven, and five members when the board consists of eight or nine.

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

Title 26
DEPARTMENT OF ENVIRONMENT

Subtitle 11 AIR QUALITY

26.11.20 Mobile Sources

Authority: Environment Article, 2-102, 2-103, and 2-301, Annotated Code of Maryland

Notice of Proposed Action

[25-029-P]

The Secretary of the Environment proposes to amend Regulations .02 under COMAR 26.11.20 Mobile Sources.

Statement of Purpose

The purpose of this action is to repeal record-keeping requirements for vehicle dealers or other businesses regarding vehicle emissions inspections. The Maryland Department of the Environment (MDE) determined that this requirement was redundant as vehicle safety inspections include checking emissions control equipment and are managed by a Maryland State Police certified program. Under this program, a Maryland Safety Inspection Certificate certifies that vehicles meet Maryland safety standards. A safety inspection is required for all used cars, trucks, tractors, trailers, motorcycles, special equipment, and class "B" for hire vehicles being titled and registered in Maryland. They must be inspected by a licensed Maryland vehicle safety inspection station, such as automobile dealers, service stations and specialized automobile service centers. A certificate of inspection issued by the inspection station within the previous 90 days of the vehicle titling must accompany an application for title. Inspection certificate records are submitted to the MVA by the inspection station.

The proposed amendments to COMAR 26.11.20.02 will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland s SIP.

Background

Tampering with a vehicle's emissions control system is illegal under existing state regulations, COMAR 26.11.20.02, and the federal Clean Air Act (CAA), 42 U.S.C. 7522. The CAA also prohibits manufacturing, selling, offering for sale and installing aftermarket devices which effectively defeat those controls. Tampering causes excess emissions of nitrogen oxides (NOx), particulate matter (PM), and other pollutants to the air we breathe.

Both existing Maryland and federal law prohibit the removal, alteration or otherwise tampering with a vehicle s pollution control equipment. Maryland regulations also currently prohibit the operation of a motor vehicle that has had its air pollution control equipment tampered or removed.

In February 2022, MDE adopted a new regulation that clarified and expanded Maryland s existing COMAR 26.11.20.02 pertaining to:

(1) The removal or alteration of a motor vehicle s air pollution control systems;

(2) The operation of motor vehicles with removed, altered, or inoperative air pollution control systems;

(3) The manufacture, sale, installation, and use of any device that prevents a motor vehicle s air pollution control system from operating as originally designed; and

(4) The offering for sale, sale, lease, auction or transfer of any motor vehicle with removed, altered, or inoperative air pollution control systems. Further, the regulation required a vehicle dealer or business that sells, auctions or transfers a motor vehicle to maintain records confirming all air pollution control systems are in operating conditions at the time of sale.

In December 2022, MDE adopted an amendment to COMAR 26.11.20.02 that extended exemptions to cover new motor vehicles, vehicles sold at wholesale and by auto insurers that take ownership of motor vehicles associated with total loss claims, which occur when a vehicle sustains so much damage it is more economical for the insurance company to purchase the vehicle for its pre-accident value rather than repair the vehicle.

The purpose of this proposed action is to repeal Section F of COMAR 26.11.20.02 adopted in February 2022 that required a vehicle dealer or business transferring vehicles to maintain records confirming all air pollution control systems are in operating condition at the time of sale. Through continued research, MDE determined that these records were unnecessarily duplicative of the vehicle safety inspection records managed by the Maryland State Police certified program (under the Automotive Safety Enforcement Division).

In Maryland, vehicles require a safety inspection primarily when being registered, sold, or transferred, and when a resident moves to Maryland from another state. Under the Annotated Code of Maryland, Transportation Article and COMAR Title 11 Department of Transportation, Subtitle Motor Vehicle Administration Vehicle Inspections, the seller or transferor of a vehicle is required to obtain a inspection certification. To obtain an inspection certification, a seller must have their vehicle inspected at a licensed vehicle safety inspection station in Maryland. There are approximately 1,600 of these facilities throughout the state.

Sources Affected

The proposed amendment applies to a vehicle dealer or business that sells, auctions, or transfers a motor vehicle.

Requirements

The purpose of this action is to amend COMAR 26.11.20.02 - Motor Vehicle Emission Control Devices to repeal record-keeping requirements for vehicle dealers. The amendment will repeal 26.11.20.02F to remove MDE s record keeping requirement for a vehicle dealer or business that sells, auctions, or transfers a motor vehicle.

Projected Emission Reductions

The proposed amendments do not impact emissions.

Federal Equivalent Standard

Maryland s existing and proposed regulations largely mirror and compliment federal regulations pertaining to the tampering of motor vehicles. Federal standards under CAA 203(a)(3)(A) & (B), 42 U.S.C. 7522(a)(3)(A), 42 U.S.C. 7522(a)(3)(B), and CAA 113(c)(2)(C), 42 U.S.C. 7413(c)(2)(C) address similar motor vehicle tampering prohibitions.

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 Kathryn Seaman, Natural Resources Planner, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, Maryland 21230, or call 410-537-3237, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing will be held on January 28th, 2026 virtually by the Maryland Department of the Environment. See the Department s website for virtual hearing information, https://mde.maryland.gov/programs/Regulations/air/Pages/reqcomments.aspx

.02 Motor Vehicle Emission Control Devices.

A. E. (text unchanged)

[F. Record Keeping.

(1) A vehicle dealer or business that sells, auctions, or transfers a motor vehicle shall maintain records, including:

(a) Date of sale or transfer of motor vehicle;

(b) Fuel type of motor vehicle;

(d) Vehicle Identification Number (VIN); and

(e) Statement that all air pollution control systems are in place and in operating condition.

(2) Records shall be maintained on-site for 5 years and available to the Department upon request.]

SERENA McILWAIN
Secretary of the Environment

Subtitle 16 LEAD

26.16.08 Environmental Investigations

Authority: Environment Article, 6-304, 6-305, 6-801, 6-819, 6-846, and 6-1001 6-1005, Annotated Code of Maryland

Notice of Proposed Action

[25-067-P]

The Secretary of the Environment proposes to amend Regulation .05 under COMAR 26.16.08 Environmental Investigations.

Statement of Purpose

The purpose of this action is to centralize appointment scheduling under a dedicated dispatch team, improving operational efficiency, quality control (QC), and quality assurance (QA) while reducing tenant refusals. Key benefits include enhanced quality assurance and control, improved reporting and tracking, reduced tenant refusals, optimized use of lead inspectors' time, and streamlined communication. This change will enhance efficiency, oversight, and customer service, ultimately leading to more successful inspections and improved compliance.

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 Frederick Banks, Program Manager , Maryland Department of Environment, 1800 Washington Boulevard, Baltimore, Maryland 21230, or call (410)-537-3311, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

.05 Scheduling an Environmental Investigation.

A. (text unchanged)

B. The [lead paint risk assessor] Department or local health department representative:

(1) (text unchanged)

(2) [If] May, if determined necessary by the [lead paint risk assessor] Department while conducting the environmental investigation, [may] schedule an on-site assessment for a secondary property through coordination with the caregiver or pregnant woman.

C. Procedures for Scheduling an On-Site Assessment.

(1) The on-site assessment of a primary residence may be scheduled by the [lead paint risk assessor] Department or local health department representative in coordination with a local health department representative s home visit.

(2) The [lead paint risk assessor] Department or local health department representative shall make at least two attempts to contact the caregiver or pregnant woman by telephone to schedule an on-site assessment.

(3) If the [lead paint risk assessor] Department or local health department representative is unable to establish contact with the caregiver or pregnant woman in accordance with C(2) of this regulation, the [lead paint risk assessor] Department or local health department representative shall mail a letter through first-class mail to the caregiver or pregnant woman.

(4) The [lead paint risk assessor] Department or local health department representative shall include, at a minimum, all of the following information in the letter required under C(3) of this regulation:

(a) The [lead paint risk assessor] Department s or local health department representative s intention to schedule an on-site assessment of the primary residence of the child or pregnant woman with EBL;

(b) Notice that the letter constitutes the final attempt by the [lead paint risk assessor] Department or local health department representative to schedule the on-site assessment of the primary residence;

(c) The latest calendar date that the caregiver or pregnant woman may contact the [lead paint risk assessor] Department or local health department representative to schedule an on-site assessment of the primary residence;

(d) Notice that failure to contact the [lead paint risk assessor] Department or local health department representative to schedule an on-site assessment of the primary residence may result in the child s or pregnant woman s case being closed by the Department or local health department without an environmental investigation; and

(e) (text unchanged)

D. Failure to Schedule an On-Site Assessment.

(1) (text unchanged)

(2) If a case is closed by the Department or local health department [pursuant to] under D(1) of this regulation, the Department or local health department:

(a) [If] Shall, if the primary residence is not owned by the caregiver or pregnant woman, [shall] mail a letter through first-class mail to the property owner advising that the:

(i) [Lead paint risk assessor] Department or local health department representative was unable to contact the caregiver or pregnant woman to schedule an on-site assessment of the property; and

(ii) (text unchanged)

(b) (text unchanged)

(3) If the [lead paint risk assessor] Department or local health department representative, in accordance with B(2) of this regulation, is unable to schedule an on-site assessment for a secondary property, the [lead paint risk assessor] Department or the local health department representative shall:

(a) (b) ((text unchanged)

SERINA McILWAIN
Secretary

Title 36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

Notice of Proposed Action

[25-289-P]

The Maryland State Lottery and Gaming Control Agency proposes to amend:

(1) Regulations .01 and .03 under COMAR 36.03.06 Enforcement of Voluntary Exclusion Program;

(2) Regulation .38 under COMAR 36.03.10 Video Lottery Facility Minimum Internal Control Standards;

(3) Regulation .14 under COMAR 36.07.04 Instant Bingo Minimum Internal Control Standards

(4) Regulation .08 under COMAR 36.07.06 Technical Standards;

(5) Regulation .01 under COMAR 36.10.10 Enforcement of Voluntary Exclusion Program; and

(6) Regulations .29 and .41 under COMAR 36.10.13 Sports Wagering Licensee Minimum Internal Control Standards.

This action was considered October 23, 2025.

Statement of Purpose

The purpose of this action is to: ensure that technology related to the Voluntary Exclusion Program complies with all legal requirements and can only be accessed by facility operators in the continental U.S.; establish criteria for advertising pertaining to responsible gaming messages; clarify language about the filing of W-2G forms for the IRS for jackpot payouts; clarify the definition of sports wagering licensee for the purpose of enforcement under the Voluntary Exclusion Program; and explain the responsibility of the licensee when violations occur; describes the use of rewards programs for Class A and B Sports Wagering Facility licensees.

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 Jennifer Beskid, Director Legislation and Policy, Maryland Lottery and Gaming Control, 1800 Washington Boulevard, Suite 330, or call 4435714390, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

Subtitle 03 GAMING PROVISIONS

36.03.06 Enforcement of Voluntary Exclusion Program

Authority: State Government Article, 9-1A-24, Annotated Code of Maryland

.01 Enforcement.

A. B. (text unchanged)

C. If a facility operator uses technology for the purpose of complying with E of this regulation, the facility operator shall ensure that [the technology]:

(1) [Complies] The technology complies with all applicable [State] legal requirements; [and]

(2) [Is designed to] The technology prevents unauthorized access to confidential records[.]; and

(3) The data may be accessed by facility operators only from within the continental United States.

D. (text unchanged)

E. A facility operator may not:

(1) (text unchanged)

(2) Knowingly fail to exclude an individual on the voluntary exclusion list from the premises [an individual on the voluntary list]; or

(3) (text unchanged)

F. A facility operator shall:

(1) Ensure that an individual on the voluntary exclusion list surrenders an unredeemed item that has monetary value, that the individual won, obtained, or otherwise received; or

(2) Update its technology within 72 hours of being notified by the Commission of an individual s placement on or removal from the voluntary exclusion list.

.03 Requirements.

A. Definitions.

(1) (text unchanged)

(2) Terms Defined.

(a) (d) (text unchanged)

(e) Online advertisement means an advertisement on a website, an application, in social media, or otherwise on the internet, that is intended to encourage video lottery terminal or table game play.

[(e)] (f) (text unchanged)

[(f)] (g) Underage warning message means the [phrase:] language that prohibits individuals [ No patron] under the age of 21 [is permitted] on the [casino] gaming floor .

B. A facility operator shall:

(1) (8) (text unchanged)

(9) Ensure that [the gambling assistance message is conspicuous and readable.] an advertisement does not include language that suggests an outcome is guaranteed or without risk; and

(10) Ensure that an advertisement includes a gambling assistance message that:

(a) For a printed advertisement, the font height is the greater of:

(i) The majority of the text in the advertisement; or

(ii) Three percent of the height or width of the advertisement.

(b) For a billboard advertisement, the font height of the gambling assistance message shall be at least 5 percent of the height or width, whichever is greater, of the face of the billboard;

(c) For a video and television advertisement, the gambling assistance message shall:

(i) Be visible for the entire duration of the advertisement, with a font size that is at least 3 percent of the image height or width, whichever is greater; or

(ii) From the first instance video lottery terminal, table game play or a facility operator is displayed, appear on the final screen for at least the final three seconds of the advertisement with a font height that is at least 8 percent of the image height or width, whichever is greater;

(d) For websites and social media, the gambling assistance message shall:

(i) Be posted on each webpage or profile page, and on any gaming-related advertisement posted on the webpage or profile page, with a font height that is at least the same size as the majority of the text used on the webpage or profile page; or

(ii) Meet the font height and shall comply with the requirements in B(10)(a) of this regulation.

36.03.10 Video Lottery Facility Minimum Internal Control Standards

Authority: Family Law Article, 10-113.1; State Government Article, 9-1A-01, 9-1A-02, 9-1A-04, and 9-1A-24; Annotated Code of Maryland

.38 Jackpot Payout.

A. B. (text unchanged)

C. A facility operator shall:

(1) (2) (text unchanged)

(3) Immediately report to the Commission any incident in which a video lottery terminal fails to lock up and preclude play following a single jackpot event [of $1,200 or more.]:

(a) Requiring the filing of an IRS Form W-2G, Certain Gambling Winnings, as required by the IRS; or

(b) At an amount lower than the IRS requires for reporting, as approved by the Agency.

D. H. (text unchanged)

Subtitle 07 Instant Bingo Machines in Anne Arundel and Calvert Counties

36.07.04 Instant Bingo Minimum Internal Control Standards

Authority: Criminal Law Article, 12-301.1 and 12-308; State Government Article, 9-110; Annotated Code of Maryland

.14 Jackpot Payout.

A. (text unchanged)

B. A facility operator shall prepare and timely file IRS Form W-2G, Certain Gambling Winnings[, in connection with the payment of a jackpot of $1,200 or more] as required by the IRS.

C. (text unchanged)

36.07.06 Technical Standards

Authority: State Government Article, 9-110; Criminal Law Article, 12-301.1 and 12- 308; Annotated Code of Maryland

.08 Instant Bingo Machine Additional Requirements.

A. An instant bingo machine shall be configured to lock-up and preclude further play following a single jackpot event:

(1) [that requires] Requiring the filing of an IRS Form W-2G, Certain Gambling Winnings[.], as required by the IRS; or

(2) At an amount lower than the IRS requires for reporting, as approved by the Agency.

B. E. (text unchanged)

Subtitle 10 SPORTS WAGERING PROVISIONS

36.10.10 Enforcement of Voluntary Exclusion Program

Authority: State Government Article, 9-1A-24 and 9-1E-01 9-1E-15, Annotated Code of Maryland

.01 Enforcement.

A. Definition. [Unless context dictates otherwise, for purposes of this chapter, sports wagering licensee includes:] In this section, sports wagering licensee means:

(1) (4) (text unchanged)

B. C. (text unchanged)

D. If a sports wagering licensee uses technology for the purpose of complying with this regulation, the sports wagering licensee shall ensure that [the technology]:

(1) [Complies] The technology complies with all applicable [State and local] legal requirements; [and]

(2) [Is designed to] The technology prevents unauthorized access to confidential records[.]; and

(3) The data may only be accessed by the sports wagering licensee within the continental United States.

E. (text unchanged)

F. A sports wagering licensee may not:

(1) (text unchanged)

(2) Knowingly fail to exclude an individual on the voluntary exclusion list from the part of the premises of a location where a sports wagering licensee [where] conducts sports wagering [is conducted an individual on the voluntary exclusion list]; or

(3) (text unchanged)

G. A sports wagering licensee shall:

(1) Ensure that an individual on the voluntary exclusion list surrenders an unredeemed item that has monetary value, that the individual won, obtained, or otherwise received; or

(2) Update its technology within 72 hours of being notified by the Commission of an individual s placement on or removal from the voluntary exclusion list.

[G.] H. (text unchanged)

36.10.13 Sports Wagering Licensee Minimum Internal Control Standards

Authority: Education Article, 10-101 and 26-801; State Government Article, 9-1A-02, 7 9-1A-04, 9-1A-33, 9-1E-01 9-1E-15; Annotated Code of Maryland

.29 Bettor Tracking System.

A. (text unchanged)

B. Participation in a bettor tracking system:

(1) (2) (text unchanged)

C. (text unchanged)

D. A sports wagering licensee may use a player rewards program that allows a bettor to exchange reward credits for complimentary service in accordance with Regulation .08 of this chapter.

E. Limitation on Reward Programs at Sports Wagering Facilities.

(1) Subject to the limitations in this section, a Class A Sports Wagering Facility Licensee that provides sports wagering services on behalf of a Class B Sports Wagering Facility may allow a bettor to:

(a) Use reward credits from the rewards program of the Class A Sports Wagering Facility at the Class B Sports Wagering Facility for non-wagering activity;

(b) Earn reward credits for the reward program of the Class A Sports Wagering Facility at the Class B Sports Wagering Facility; and

(c) Use reward credits from the reward program earned at the Class B Sports Wagering Facility at the Class A Sports Wagering Facility.

(2) A Class A sports wagering licensee may not allow a bettor to use:

(a) The account wallet of a Class A Sports Wagering Facility Licensee for wagering at a Class B Sports Wagering Facility;

(b) Reward credits earned in E(1)(b) of this regulation to be applied in the bettor s wallet; and

(c) Reward credits of the Class A Sports Wagering Facility for wagering at the Class B Sports Wagering Facility.

F. A sports wagering licensee shall submit a description of the player reward program to the Commission for review and written approval.

.41 Consumer Protections.

A. D. (text unchanged)

E. Signage.

(1) A sports wagering licensee shall clearly and conspicuously display the licensee s branding.

(2) A Sports Wagering Facility Operator may not display its branding in a manner that provides greater prominence than the Sports Wagering Facility Licensee s branding.

(3) A Sports Wagering Facility Licensee may not advertise in a manner that misleads the public.

(4) All signage shall be approved by the Agency.

JOHN MARTIN
Director

Notice of Proposed Action

[25-226-P]

The Maryland State Lottery and Gaming Control Agency proposes to amend:

(1) Regulations .11, .12 and .43 under COMAR 36.03.10 Video Lottery Facility Minimum Internal Control Standards;

(2) Regulation .04 under COMAR 36.03.11 Facility Standards;

(3) Regulations .04 and .05 under COMAR 36.05.03 Table Games Procedures;

(4) Regulation .01 under COMAR 36.08.04 General Standards;

(5) Regulation .03 under COMAR 36.10.04 Specific Requirements for Sports Wagering Facilities;

(6) Regulation .03 under COMAR 36.10.10 Enforcement of Voluntary Exclusion Program;

(7) Regulation .34 under COMAR 36.10.13 Sports Wagering Licensee Minimum Internal Control Standards;

(8) Regulation .06 under COMAR 36.10.14 Sports Wagering Requirements and Limitations; and

(9) Regulations .04 and .06 under COMAR 36.10.18 Sports Wagering Technical Standards.

This action was considered on August 28, 2025

Statement of Purpose

The purpose of this action is to: establish a manner for storing and providing a video recording or photograph on any event caught by the surveillance system; increase the use of electronic formats for operating surveillance; enhance protections for Video Lottery Facility employees who collect cash storage and table game drop boxes; specify surveillance requirements for certain table games; improve the procedures for distributing and removing value chips, coins, and plaques at gaming tables; set a minimum and maximum value for skills-based amusement game prizes; adjust the bonds for Class A-1 sports wagering facilities to align with revenues; increase the visibility of gambling assistance messages across the various advertising platforms; enhance protections for sports wagering facility employees who collect cash storage and drop boxes; specify how funds may be accessed in a reserve account; expand upon reporting requirements for geolocation systems and information security.

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 Jennifer Beskid, Director Legislation and Policy, Maryland Lottery and Gaming Control, 1800 Washington Boulevard, Suite 330, Baltimore, MD 21230, or call 443-571-4390, or email to [email protected]. Comments will be accepted through January 26, 2026. A public hearing has not been scheduled.

Subtitle 03 GAMING PROVISIONS

36.03.10 Video Lottery Facility Minimum Internal Control Standards

Authority: Family Law Article, 10-113.1, State Government Article, 9-1A-01(u), 9-1A-02, 9-1A-04, and 9-1A-24; Annotated Code of Maryland

.11 Surveillance System Design Standards.

A. I. (text unchanged)

J. A facility operator shall timely comply with a request from the Commission to:

(1) (4) (text unchanged)

(5) Make a video recording or photograph of any event capable of being captured by the surveillance system; and provide the recording:

(a) In a compact disc;

(b) Using a secure drive; or

(c) Another method approved by the Commission; and

(6) Restrict or deny access to a recording or photograph.

K. L. (text unchanged)

.12 Surveillance Department Operating Procedures.

A. B. (text unchanged)

C. A facility operator s surveillance department operating procedures shall, at a minimum, require:

(1) (2) (text unchanged)

(3) A surveillance incident log:

(a) Maintained by monitor room employees in:

(i) A book with bound numbered pages that cannot be readily removed; [or]

(ii) An electronic format equipped with a software that prevents modification of an entry after it has been initially entered into the system; [and] or

(iii) An electronic format equipped with software that documents changes made by each user; and

(b) (text unchanged)

D. F. (text unchanged)

.43 Collection of Cash Storage and Table Game Drop Boxes.

A. J. (text unchanged)

K. Except for security officers, the drop and count team members assigned to the collection of cash storage or table game drop boxes shall wear a one-piece, pocketless jumpsuit.

36.03.11 Facility Standards

Authority: State Government Article 9-1A-02, 9-1A-04, 9-1A-11, and 9-1A-23, Annotated Code of Maryland

.04 Table Games Surveillance Requirements.

A. Surveillance System. In addition to the surveillance system requirements in Regulation .03 of this chapter and

COMAR 36.03.10, a facility operator that offers table games shall have a surveillance system that includes:

(1) (text unchanged)

(2) Stationary cameras dedicated to each table [games, including:] game offered by the facility, which shall be:

(a) Except for Craps, Baccarat, Roulette and Big Six Wheel, for each table game, at least one stationary camera [for each table game offered by the facility];

(b) [At] For a Craps table, at least two stationary cameras [for each Craps table], with one camera covering each end of the table;

(c) [At least two stationary cameras for each Baccarat table, with one camera covering each end of the table;] For a Baccarat table:

(i) That is 72 inches or longer, at least two stationary cameras, with one camera covering each end of the table; or

(ii) That is less than 72 inches, at least one stationary camera covering the table;

(d) [At] For a Roulette table, at least two stationary cameras [for each Roulette table], with one camera covering the Roulette wheel and one camera covering the Roulette table layout;

(e) [At] For a Big Six Wheel, at least two stationary cameras [for each Big Six Wheel], with one camera covering the Big Six Wheel and one camera covering the Big Six Wheel table layout;

(f) (g) (text unchanged)

B. D. (text unchanged)

Subtitle 05 TABLE GAMES

36.05.03 Table Game Procedures

Authority: State Government Article, 9-1A-02 and 9-1A-04, Annotated Code of Maryland

.04 Procedure for Distributing Chips, Coins, and Plaques to a Gaming Table.

A. B. (text unchanged)

C. A Fill Request Slip shall be a two-part form on which the following information shall be recorded:

(1) The date [,] and time [and shift] of preparation;

(2) (5) (text unchanged)

D. S. (text unchanged)

.05 Removing a Value Chip, Coin, or Plaque from a Gaming Table.

A. B. (text unchanged)

C. A Credit Request Slip shall be a two-part form on which the following information shall be recorded:

(1) The date [,] and time [and shift] of preparation;

(2) (5) (text unchanged)

D. R. (text unchanged)

Subtitle 08 SKILLS-BASED AMUSEMENT DEVICES

36.08.04 General Standards

Authority: Criminal Law Article, 12-301 and 12-301.1, Annotated Code of Maryland

.01 General Standards.

A. (text unchanged)

B. The individual merchandise, prizes, tickets, tokens, or other objects that are awarded by a skill-based

amusement device may:

(1) [be accumulated and exchanged for non-cash merchandise or prizes that have a wholesale value of not more than the minimal value] Have a wholesale value that does not exceed the minimal value; and

(2) Be accumulated and exchanged for non-cash merchandise or prizes that do not exceed $599.

C. (text unchanged)

Subtitle 10 SPORTS WAGERING PROVISIONS

36.10.04 Specific Requirements for Sports Wagering Facilities Licensees

Authority: State Government Article, 9-1E-01 9-1E-15, Annotated Code of Maryland; Ch.638, Acts 2023

.03 Class A-1 Sports Wagering Facility License.

A. C. (text unchanged)

D. The performance bond for a Class A-1 sports wagering facility license is [$6,000,000.]:

(1) $2,000,000 for annual sports wagering revenue of $0 to $2,000,000;

(2) $4,000,000 for annual sports wagering revenue of $2,000,001 to $4,000,000;and

(3) $6,000,000 $4,000,000 for annual sports wagering revenue above $4,000,000.

E. G. (text unchanged)

36.10.10 Enforcement of Voluntary Exclusion Program

Authority: State Government Article, 9-1A-24 and 9-1E-01 9-1E-15, Annotated Code of Maryland

.03 Requirements.

A. Definitions.

(1) (text unchanged)

(2) Terms Defined.

(a) (d) (text unchanged)

(e) Online advertisement means an advertisement that appears on a website, an application in social media, or otherwise on the internet that is intended to encourage sports wagering.

[(e)] (f) [(f)] (g) (text unchanged)

B. A sports wagering licensee shall:

(1) (9) (text unchanged)

[(10) Ensure that the gambling assistance message is conspicuous and readable; and]

[(11)] (10) Ensure that an advertisement for sports wagering, video lottery terminal, or table game play does not

include language that suggests an outcome is guaranteed or without risk[.]; and

(11) Ensure that advertisements for sports wagering includes a gambling assistance message that complies:

(a) For signs, direct mail materials, posters, and other printed advertisements the font height of the gambling assistance message shall be the greater of:

(i) The same size as the majority of the text in the advertisement; or

(ii) Three percent of the height or width, whichever is greater, of the advertisement;

(b) For billboards, the font height of the gambling assistance message shall be at least 5 percent of the height or width, whichever is greater, of the face of the billboard;

(c) For video and television advertisements:

(i) The gambling assistance message shall be visible for the entire duration of the advertisement, with a font size at least 3 percent of the image height or width;

(ii) The gambling assistance message shall appear from the first instance sports wagering or a licensed operator is displayed or mentioned for not less than 3 seconds, and again on a final screen for the final 3 seconds of the advertisement;

(iii) The font height shall be at least 3 percent of the height or width, whichever is greater, of the image during the advertisement; or

(iv) The font height shall be at least 8 percent of the height or width, whichever is greater, of the image on the final screen; and

(d) For websites and social media:

(i) The gambling assistance message shall be posted on each webpage or profile page, and on any gaming-related advertisement posted on those pages;

(ii) The font height of the gambling assistance message shall be at least the same size as the majority of the text used on the webpage or profile page; and

(iii) For advertisements posted on the webpage or profile page, the font height shall comply with the requirements in B(11)(a) of this regulation.

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

.34 Collection of Cash Storage and Drop Boxes.

A. K. (text unchanged)

L. Except for security officers, the drop and count team members assigned to the collection of cash storage drop boxes shall wear a one-piece, pocketless jumpsuit.

36.10.14 Sports Wagering Requirements and Limitations

Authority: State Government Article, 9-1E-01 9-1E-15, and 9-1E-17, Annotated Code of Maryland

.06 Reserve.

A. (text unchanged)

B. [A] Except for funds held in the reserve account that exceed the licensee s reserve requirement specified in C of this regulation, a sports wagering licensee may not remove, release, or withdraw funds from its reserve without the written approval of the Commission.

C. G. (text unchanged)

36.10.18 Sports Wagering Technical Standards

Authority: State Government Article, 9-1E-01 9-1E-15, Annotated Code of Maryland

.04 Geolocation Systems.

A. D. (text unchanged)

E. A sports wagering licensee shall:

(1) Prior to commencing operations, and annually thereafter, ensure:

(a) [its] Its geolocation system is tested by a Commission approved testing laboratory; and

(b) A report on the annual testing is submitted to the Commission no later than 120 days after the end of the licensee s fiscal year;

(2) (6) (text unchanged)

F. G. (text unchanged)

.06 Information Security.

A. (text unchanged)

B. A sports wagering licensee shall:

(1) (2) (text unchanged)

(3) Ensure that a Commission approved third party described in Regulation .02B of this chapter conducts the testing required in B(1) and (2) of this regulation; [and]

(4) Ensure that the annual reporting requirement required in B(1) (3) of this regulation is submitted to the Commission no later than 120 days after the end of the licensee s fiscal year;

[4] (5) Perform internal quarterly vulnerability scans[,]; and [retain]

(6) Submit to the Commission documentation of the scan results and the actions taken to resolve identified vulnerabilities.

C. E. (text unchanged)

JOHN MARTIN
Director

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

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

DATES: November 1 30, 2025.

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

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

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

Approvals by Rule - Issued Under 18 CFR 806.22(e):

1. Nestle Purina PetCare Company; Nestle Purina PetCare Company; ABR-202511001; Hampden Township, Cumberland County, Pa.; Consumptive Use of Up to 0.0800 mgd; Approval Date: November 12, 2025.

2. BEST BEV, LLC; Waverly Canning Facility; ABR-202511002; Waverly Village, Tioga County, Ny.; Consumptive Use of Up to 0.2000 mgd; Approval Date: November 18, 2025.

Approvals by Rule - Issued Under 18 CFR 806.22(f):
1. RENEWAL - Coterra Energy Inc.; Pad ID: KingD P1; ABR-201009010.R3; Dimock Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: November 23, 2025.
2. RENEWAL - Coterra Energy Inc.; Pad ID: Maiolini P3; ABR-201008114.R3; Dimock and Auburn Townships, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: November 23, 2025.
3. RENEWAL - Coterra Energy Inc.; Pad ID: StockholmK P2; ABR-201008134.R3; Rush Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: November 23, 2025.
4. RENEWAL - Coterra Energy Inc.; Pad ID: Teel P2; ABR-201508004.R2; Dimock Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: November 23, 2025.

5. RENEWAL - Coterra Energy Inc.; Pad ID: WarrinerR P4; ABR-201008123.R3; Dimock Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: November 23, 2025.
6. RENEWAL - Expand Operating LLC; Pad ID: Chamberlin; ABR-201008088.R3; Stevens Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: November 23, 2025.
7. RENEWAL - Pennsylvania General Energy Company, L.L.C.; Pad ID: COP Tract 729 Pad C; ABR-201008051.R3; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 3.0000 mgd; Approval Date: November 23, 2025.
8. RENEWAL - Pennsylvania General Energy Company, L.L.C.; Pad ID: COP Tract 729 Pad D; ABR-201008052.R3; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 3.0000 mgd; Approval Date: November 23, 2025.
9. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: AYERS (05 005) K; ABR-201008129.R3; Orwell Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: November 23, 2025.
10. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: CARPENTER (03 023) K; ABR-201008141.R3; Columbia Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: November 23, 2025.
11. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: DCNR 587 (02 019); ABR-201008072.R3; Ward Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: November 23, 2025.
12. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: Hedrick 702; ABR-201007092.R3; Union Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: November 23, 2025.
13. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: STROPE (05 026) G; ABR-201008152.R3; Windham and Warren Townships, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: November 23, 2025.
14. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: YOUNG (05 080) R; ABR-201007080.R3; Warren Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: November 23, 2025.
15. RENEWAL - Seneca Resources Company, LLC; Pad ID: Fuleihan 417; ABR-201008073.R3; Delmar Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: November 23, 2025.
16. RENEWAL - Seneca Resources Company, LLC; Pad ID: Sticklin 610; ABR-201007113.R3; Delmar Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: November 23, 2025.
17. RENEWAL - Coterra Energy Inc.; Pad ID: CosnerW P1; ABR-201009047.R3; Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: November 26, 2025.
18. RENEWAL - Coterra Energy Inc.; Pad ID: Teel P4; ABR-20080701.R3; Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: November 26, 2025.
19. RENEWAL - LPR Energy, LLC ; Pad ID: Lightner East Drilling Pad #1; ABR-201009087.R3; Juniata Township, Blair County, Pa.; Consumptive Use of Up to 2.0000 mgd; Approval Date: November 26, 2025.
20. RENEWAL - PPG Operations LLC; Pad ID: Coldstream Affiliates #1MH; ABR-201007051.R3; Goshen Township, Clearfield County, Pa.; Consumptive Use of Up to 3.0200 mgd; Approval Date: November 26, 2025.
21. RENEWAL - PPG Operations LLC; Pad ID: Whitetail #1-5MH; ABR-201008112.R3; Goshen Township, Clearfield County, Pa.; Consumptive Use of Up to 3.0200 mgd; Approval Date: November 26, 2025.
22. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: DCNR 594 (02 205); ABR-201008040.R3; Bloss Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: November 26, 2025.
23. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: DETWEILER (02 100) R; ABR-201008023.R3; Covington Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: November 26, 2025.
24. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: ROY (03 062) L; ABR-201008089.R3; Wells Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: November 26, 2025.
25. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: Sparrow Hawk; ABR-201009044.R3; Covington Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: November 26, 2025.
26. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: Swingle 725; ABR-201007129.R3; Canton Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: November 26, 2025.
27. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: Yaggie 704; ABR-201006113.R3; Union Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: November 26, 2025.
28. RENEWAL - BKV Operating, LLC; Pad ID: Baker 2H; ABR-201008137.R3; Forest Lake Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: November 28, 2025.
29. RENEWAL - Expand Operating LLC; Pad ID: Tama; ABR-201010057.R3; North Towanda Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: November 28, 2025.
30. RENEWAL - Seneca Resources Company, LLC; Pad ID: Hotchkiss 472; ABR-201009045.R3; Charleston Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: November 28, 2025.
31. RENEWAL - EQT ARO LLC; Pad ID: Brooks Family Pad A; ABR-201508002.R2; Cascade Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: November 30, 2025.

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

Jason E. Oyler,

General Counsel and Secretary to the Commission.

Dated: December 4, 2025

[25-26-08]

SUSQUEHANNA RIVER BASIN COMMISSION

General Permit Notice

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

SUMMARY: This notice lists General Permits approved by the Susquehanna River Basin Commission during the period set forth in DATES.

DATES: November 1-30, 2025

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

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

SUPPLEMENTARY INFORMATION: This notice lists General Permits for projects, described below, pursuant to 18 CFR 806.17(c)(4), for the time period specified above.

1. Pennsylvania Fish & Boat Commission Spring Creek Sportsmen Association, General Permit Approval of Coverage No. GP-03-202511016, Cass Township, Huntingdon County, Pa.; Cooperative Fish Nursery withdrawal approved up to 0.375 mgd (peak day) from Roaring Run; Approval Date: November 19, 2025.

2. Pennsylvania Fish & Boat Commission PA Wildlife Habitat Unlimited, General Permit Approval of Coverage No. GP-03-202511017, Huston Township, Clearfield County, Pa.; Cooperative Fish Nursery withdrawal approved up to 0.288 mgd (peak day) from unnamed tributary to Mountain Lick Creek and 0.288 mgd (peak day) from Mountain Lick Creek; Approval Date: November 25, 2025.

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

Dated: December 4, 2025.

JASON E. OYLER,

General Counsel and Secretary to the Commission.

[25-26-07]

SUSQUEHANNA RIVER BASIN COMMISSION

Grandfathering Registration Notice

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

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

DATES: November 1-30, 2025.

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

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

SUPPLEMENTARY INFORMATION: This notice lists GF Registration for projects, described below, pursuant to 18 CFR Part 806, Subpart E, for the time period specified above:

1. Farmers Pride, Inc. Bell & Evans Plant 1, GF Certificate No. GF-202511307, Bethel Township, Lebanon County, Pa.; consumptive use; Reissue Date: November 26, 2025.

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

Dated: December 4, 2025.

Jason E. Oyler,

General Counsel and Secretary to the Commission.

[25-26-06]

SUSQUEHANNA RIVER BASIN COMMISSION

Actions Taken at the December 4, 2025 Meeting

AGENCY: Susquehanna River Basin Commission

ACTION: Notice.

SUMMARY: As part of its regular business meeting held on December 4, 2025 in Harrisburg, Pennsylvania, the Commission approved the applications of certain water resources projects and took additional actions, as set forth in the Supplementary Information below.

DATE: December 4, 2025.

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

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

SUPPLEMENTARY INFORMATION: The Commission took the following actions at its December 4, 2025 business meeting: (1) adopted Resolution 2025-07 approving the 2026 Regulatory Program Fee Schedule; (2) approved two grant amendments; (3) adopted Resolution 2025-08 for the emergency certificate extension for Mott s LLP Aspers Plant; and (4) approved 14 regulatory program projects and tabled one project as listed below.

Project Applications Approved:

1. Project Sponsor: Aqua Pennsylvania, Inc. Project Facility: Monroe Manor System, Monroe Township, Snyder County, Pa. Application for renewal of groundwater withdrawal of up to 0.392 mgd (30-day average) from Well 6 (Docket No. 20101202).

2. Project Sponsor and Facility: College Township Water Authority, College Township, Centre County, Pa. Application for renewal of groundwater withdrawal of up to 1.800 mgd (30-day average) from Spring Creek Park Well 1 (Docket No. 19990302).

3. Project Sponsor and Facility: Coterra Energy Inc. (Susquehanna River), Susquehanna Depot Borough, Susquehanna County, Pa. Application for renewal of surface water withdrawal of up to 1.500 mgd (peak day) (Docket No. 20201201).

4. Project Sponsor and Facility: Elizabethville Area Authority, Elizabethville Borough and Washington Township, Dauphin County, Pa. Applications for renewal of groundwater withdrawals (30-day averages) of up to 0.038 mgd from Well 3, 0.031 mgd from Well 4, and 0.036 mgd from Well 5 (Docket Nos. 19930907 and 19981203).

5. Project Sponsor: Essential Power Rock Springs, LLC. Project Facility: Rock Springs Generation Facility, Oakwood District, Cecil County, Md. Application for renewal of consumptive use of up to 0.262 mgd (peak day) (Docket No. 20001203).

6. Project Sponsor and Facility: Expand Operating LLC (Towanda Creek), Monroe Township

and Monroe Borough, Bradford County, Pa. Application for renewal of surface water withdrawal of up to 1.500 mgd (peak day) (Docket No. 20201202).

7. Project Sponsor and Facility: Expand Operating LLC (Wyalusing Creek), Rush Township, Susquehanna County, Pa. Application for renewal with modification of surface water withdrawal of up to 3.000 mgd (peak day) (Docket No. 20220604).

8. Project Sponsor and Facility: Indian Trail Mountain Spring Water, Gratz Borough, Dauphin County, Pa. Application for renewal of consumptive use of up to 0.092 mgd (peak day) (Docket No. 20001205).

9. Project Sponsor and Facility: Moccasin Run Golf Club, Inc., West Fallowfield Township, Chester County, Pa. Application for renewal with modification of consumptive use of up to 0.249 mgd (30-day average) (Docket No. 20001204).

10. Project Sponsor and Facility: Pennsylvania Grain Processing LLC, Clearfield Borough, Clearfield County, Pa. Application for groundwater withdrawal of up to 0.259 mgd (30-day average) from Well GW-1, and modification to add a source (Well GW-1) for consumptive use (Docket No. 20220909).

11. Project Sponsor and Facility: RES Coal LLC, Boggs Township, Clearfield County, Pa. Application for renewal with modification of consumptive use of up to 0.099 mgd (30-day average) (Docket No. 20120613).

12. Project Sponsor: Schuylkill County Municipal Authority. Project Facility: Tremont Service Area, Tremont Borough and Tremont Township, Schuylkill County, Pa. Applications for renewal of groundwater withdrawals (30-day averages) of up to 0.194 mgd from Well 4 and 0.087 mgd from Well 15 (Docket Nos. 19950103 and 19990902).

13. Project Sponsor and Facility: State College Borough Water Authority, Benner Township, Centre County, Pa. Applications for renewal of groundwater withdrawals (30-day averages) of up to 1.440 mgd from Well 71, 1.224 mgd from Well 73, 1.584 mgd from Well 78, and 0.576 mgd from Well 79 (Docket No. 19940903).

Project Tabled:

14. Project Sponsor and Facility: Aquaport, LLC, Old Lycoming Township, Lycoming County, Pa. Application for groundwater withdrawal of up to 0.250 mgd (30-day average) from Well 1.

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

Dated: December 4, 2025

JASON E. OYLER

General Counsel and Secretary to the Commission

[25-26-09]

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 25-WQC-0011 &

Federal Consistency Determination

U.S. Army Corps of Engineers, Baltimore District

2 Hopkins Plaza

Baltimore, MD 21201

Add l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 25-WQC-0011.

Location: Waters of the United States, including wetlands and navigable waters, within the State of Maryland except: Back Creek (of the Chesapeake and Delaware Canal), east of a line extending from Welch Point to Courthouse Point to the Delaware line and to the Second Street Bridge to the south; Herring Creek east of the line extending from Welch Point to Courthouse Point to the dam that crosses Herring Creek; and Long Branch to the Boat Yard Road Bridge to the north, including jurisdictional wetlands adjacent and contiguous to these tidal waterways.

The Maryland State Programmatic General Permit-7 (MDSPGP-7) applies to the discharge of dredged or fill material and/or the placement of structures into waters of the United States as regulated by Section 404 of the CWA and/or Section 10 of the Rivers and Harbors Act of 1899. Activities authorized by the MDSPGP-7 must be components of a single and complete project, including all attendant features, both temporary and permanent, which individually and cumulatively result in no more than minimal adverse environmental impacts. Activities authorized under the MDSPGP-7 require compliance with all terms and conditions of the Water Quality Certification 25-WQC-0011. In addition, the Corps may add project-specific conditions to ensure that the adverse environmental effects are no more than minimal. These can include permit conditions such as time-of-year restrictions, use of best management practices, or compensatory mitigation requirements to offset authorized losses of waters of the United States so that the net adverse environmental effects are no more than minimal.

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

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx

Appeal of Final Decision: This Water Quality Certification is a final agency decision. Any person aggrieved by the Department s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.

Contact: Alex Vazquez at [email protected] or 410-537-3541.

[25-26-14]

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 23-WQC-0012 (R1)

United States Coast Guard

Facilities Engineering, Coast Guard Yard

2401 Hawkins Point Road

Baltimore, MD 21226

Add l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a revised Water Quality Certification 23-WQC-0012 (R1).

Location: Coast Guard Yard 2401 Hawkins Point Road Baltimore, MD 21226 (Anne Arundel County and Baltimore City, Maryland)

Proposed Work and Purpose: expand the dredging area and depths originally presented in Water Quality Certification (WQC) # 23-WQC-0012, and perform up to 100 core borings in Curtis Creek located at latitude 39.207296 and longitude -76.580547. The dredging methods and placement site will not change from what was previously certified. The drilling program is needed to collect geotechnical information and to supplement the 2022 sediment characterization for the USCG Yard Improvement and dredging project. The following are modifications to the dredge scope in 23-WQC-0012:

1) Dredging in navigational channel, turning basin, and berth areas from a depth of 27.5 feet (2023 work description) to 30 feet MLLW.

2) Dredging along Pier 3/future dry dock area from a depth up to 34.5 feet (2023 work description) to a depth of 45 feet MLLW.

3) Expansion of the proposed dredging limits from just south of the I-695 Bascule bridge to under and just north of the Bascule bridge.

The borings will be advanced using hollow-stem augers (up to 12 inches in diameter), direct pushing, or vibratory coring. Boreholes will be advanced up to 100 feet below the mudline for geotechnical purposes. Soil cuttings from all testing will be properly disposed of. Field testing will consist of standard penetration testing, cone penetration testing, dilatometer testing, direct-push sampling, vane shear testing, and collection of Shelby tubes. Samples from the drilling program will be taken to a geotechnical laboratory for physical and chemical testing.

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

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx

Appeal of Final Decision: This Water Quality Certification (WQC) is a final agency decision. Any person aggrieved by the Department s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision in the Maryland Register, and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.

Contact: Alex Vazquez at [email protected] or 410-537-3541.

[25-26-15]

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 25-WQC-0015

Maryland Transportation Authority (MDTA)

Office of Engineering & Construction

300 Authority Drive

Baltimore, Maryland 21222

Add l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 24-WQC-0033

Location: MDTA Police Headquarter; 4330 Broening Highway, Baltimore, MD

The purpose of the project is maintenance dredging and shoreline stabilization.

Description of Authorized Work:

1. Construct 121 linear feet of stone revetment, within a maximum of 26 feet channelward of the mean high water line. The construction of the revetment includes mechanically dredging a 3,154 square foot area to remove 566 cubic yards of material for the revetment construction and the placement of approximately one foot of clean sand fill over 1,508 square feet of the revetment to provide restoration following construction.

2. Construct 672 linear feet of segmented stone sand containment breakwaters, with 2,779 cubic yards of clean sand fill, graded and planted with approximately 15,371 square feet of low marsh and 10,703 square feet of high marsh. The shoreline includes an approximately 10-foot wide rip-rap ditch for stormwater. All extending a maximum of 94 feet channelward of the mean high water line.

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

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx

Appeal of Final Decision: This Water Quality Certification is a final agency decision. Any person aggrieved by the Department s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.

Contact: Matt Wallach at [email protected] or 410-207-0893

[25-26-13]

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 25-WQC-0030

Town of Queenstown

P.O. Box 4

Queenstown, MD 21658

Add l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 25-WQC-0030.

Location: Queenstown Harbor End of 2nd Ave & Eastern Neck Wildlife Refuge Queenstown, MD 21658

The purpose of the project is maintenance dredging and shoreline stabilization.

Description of Authorized Work:

1. Mechanically or hydraulically maintenance dredge a 2,575-foot long by 100-foot wide channel to a depth of 7.0 feet at mean low water; and to deposit approximately 14,600 cubic yards of dredged material at an previously approved disposal site located on the Western shore of the Eastern Neck National Wildlife Refuge; and to provide for periodic maintenance dredging for six years;

2. Construct nine breakwater extensions:

a. Type A(1): a 57-foot long by 22-foot wide stone breakwater.

b. Type A(2): a 60-foot long by 22-foot wide stone breakwater.

c. Type B(1): a 49-foot long by 22-foot wide stone breakwater.

d. Type B(2): a 51-foot long by 22-foot wide stone breakwater.

e. Type B(3): a 48-foot long by 22-foot wide stone breakwater.

f. Type B(4): a 51-foot long by 22-foot wide stone breakwater.

g. Type B(5): a 45-foot long by 22-foot wide stone breakwater.

h. Type C(1): a 44-foot long by 22-foot wide stone breakwater.

i. Type C(2): a 52-foot long by 22-foot wide stone breakwater.

3. Construct two 88-foot long by 8-foot wide low profile stone vents;

4. Emplace 800 (1.5-foot wide by 2.5-foot high) reef balls and;

5. Construct 10 piles for obstruction signs, all within a maximum of 239 feet channelward of the mean high water line.

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

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx

Contact: Matt Godbey at [email protected] or 410-901-4033.

[25-26-12]

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Proposed Additions to Handgun Roster and Notice of Right to Object or Petition

Issue Date	Emergency and Proposed Regulations 5 p.m.*	Notices, etc. 10:30 a.m.	Final Regulations 10:30 a.m.
2026
January 9	December22	December29	December31
January 23	January 5	January 12	January 14
February 6**	January 16	January 26	January 28
February 20	February 2	February 9	February 11
March 6**	February 13	February 23	February 25
March 20	March 2	March 9	March 11
April 3	March 16	March 23	March 25
April 17	March 30	April 6	April 8
May 1	April 13	April 20	April 22
May 15	April 27	May 4	May 6
May 29	May 11	May 18	May 20
June 12**	May 22	June 1	June 3
June 26	June 8	June 15	June 17
July 10	June 22	June 29	July 1
July 24	July 6	July 13	July 15
August 7	July 20	July 27	July 29
August 21	August 3	August 10	August 12
September 4	August 17	August 24	August 26
September18**	August 31	September 4	September 9
October 2	September14	September21	September23
October 16	September28	October 5	October 7
October 30**	October 9	October 19	October 21
November 13	October 26	November 2	November 4
November30***	November 9	November16	November18
December 11	November23	November30	December 2
December28***	December 7	December14	December16

Make	Model	Caliber	Additional Comments
PIETTA (TRADITIONS)	1873 SINGLE ACTION FRONTIER	45 LC	Caliber addition
MAGNUM RESEARCH	BFR	500 Linebaugh	Caliber addition
GIRSAN (EAA)	WITNESS2311S	45 ACP	Model addition
SIG SAUER/SIGARMS INC.	P226 Elite Equinox	9 mm	Model addition
SIG SAUER/SIGARMS INC.	P226 EQUINOX	9 mm	Caliber addition
ROCK ISLAND ARMORY	M1911 A2 Tac Ultra FS HC	45 ACP	Caliber addition
F. TANFOGLIO (E.A.A.)	WITNESS COMPACT	10 mm, 38 SA, 45 ACP, 9 mm	Model addition
F. TANFOGLIO (ITALIAN FIREARMS GROUP)	DEFIANT LIMITED MASTER	38 SA, 40 S&W, 45 ACP, 9 mm	Caliber addition
KIMBER	2K11 Pro	45 ACP, 9 mm	Model addition
COLT/COLTS MFG. CO., INC.	GOLD CUP MK IV SERIES 70	9 mm	Caliber addition
BERSA	BP380CC	380 ACP	Model addition
SMITH & WESSON	442-1 AIRWEIGHT	38 SPL+P	Model addition
SMITH & WESSON	649-5	357 Mag	Model addition
BOND ARMS	30th VET	45 COLT/410 BORE	Model addition
KIMBER	Next Generation 1911	45 ACP	Model addition
ARMSCOR PHILIPPINES (ROCK ISLAND ARMORY)	Rock Stainless Standard CS	45 ACP	Model addition
GFORCE ARMS	1911A1 U.S. ARMY	45 ACP	Model addition
KIMBER	Next Generation Custom 1911	9 mm	Model addition
SMITH & WESSON	940-3	9 mm	Model addition
ZASTAVA (FOXTROT)	M83/94	357 Mag	Model addition
NIGHTHAWK CUSTOM	THUNDER RANCH COMBAT SPECIAL	9 mm	Caliber addition
ALDO UBERTI & CO. (TAYLOR & CO.)	STALLION	32 H&R Mag	Model addition
NOVESKE RIFLEWORKS, LLC	CHAINSAW PISTOL	5.56 NATO
Ranger Silah (Blue Wolf Arms)	Ranger RA9 Defence 2	9 mm
STACCATO	Staccato HD C3.6	9 mm	Model addition
P7PRO LLC	P7M13	9 mm	Model addition
STURM RUGER	P95DC	9 mm	Model addition
STURM RUGER	P89DC	9 mm	Model addition
BUL ARMORY (BUL ARMORY USA, LLC)	SAS II EDC PRO COMPACT	9 mm	Model addition
SPRINGFIELD ARMORY/INC. (HS PRODUKT)	HELLCAT	380 ACP	Caliber addition
KAHR ARMS	TP9-2	9 mm	Model addition
SIG SAUER/SIGARMS INC.	P365 AXG Luxe	380 ACP	Model addition
SIG SAUER/SIGARMS INC.	P320 SXG RESERVE	9 mm	Model addition
BERSA	Thunder 32	32 ACP	Model addition
STANDARD MANUFACTURING CO. LLC	Switch-Gun	22 LR/22 WMR
SIG SAUER/SIGARMS INC.	P211-GTO COMBAT	9 mm	Model addition
MKE (CENTURY ARMS)	AP51 PDW Pistol	7.62X51MM NATO	Model addition
SIG SAUER/SIGARMS INC.	P226 X CARRY LEGION	9 mm	Model addition
SIG SAUER/SIGARMS INC.	P226 X CARRY LEGION SAO	9 mm	Model addition
SMITH & WESSON	M&P 22X	22 LR	Model addition
Ranger Silah (DICKINSON LLC)	Ranger RA9	9 mm	Model addition
GLOCK	17 V	9 mm
GLOCK	17C V	9 mm
GLOCK	19 V	9 mm
GLOCK	19C V	9 mm
GLOCK	45 V	9 mm
GLOCK	45C V	9 mm
GERMAN SPORTS GUNS (AMERICAN TACTICAL)	GSG-9 Pistol	9 mm
Burgu Savunma A.S. (Universal Imports Inc.)	BRG9 FD	9 mm
Burgu Savunma A.S. (Universal Imports Inc.)	BRG9 FDX	9 mm
ARMSCOR PRECISION (ARMSCOR PRECISION INTERNATIONAL)	LI380	380 ACP
GLOCK	19X V	9 mm	Model addition
GLOCK	19X V MOS	9 mm	Model addition
GLOCK	20 V MOS	10 mm	Model addition
GLOCK	21 V MOS	45 ACP	Model addition
GLOCK	23 V	40 S&W	Model addition
GLOCK	23 V MOS	40 S&W	Model addition
GLOCK	26 V	9 mm	Model addition
GLOCK	44 V	22 LR	Model addition
SMITH & WESSON	20	357 Mag	Model addition
ZASTAVA (SOUTHERN TACTICAL)	M83/93	357 Mag	Model addition
COLT/COLTS MFG. CO., INC.	GOLD CUP MK IV SERIES 70	38 Super	Caliber addition
KIMBER	Next Generation Custom 1911	45 ACP	Caliber addition
CBC [ROSSI] (BRAZTECH INTERNATIONAL, LC)	R95 Triple Black Pistol	45-70 Govt, 454 Casull, 357 Mag, 44 Mag
JACOB GREY	Nox 9	9 mm	Model addition
CBC [ROSSI] (BRAZTECH INTERNATIONAL, LC)	RS22 Pistol	22 LR	Model addition
Akdas (Military Armament Corporation)	SA-9 Pistol	9 mm	Model addition
SMITH & WESSON	625 "MODEL OF 1989"	45 Colt	Caliber addition
DERYA ARMS (DERYA)	DY9 Island	9 mm	Model addition
BOND ARMS	30th	45 COLT/410 BORE	Model addition
SMITH & WESSON	PERFORMANCE CENTER M&P SHIELD X CARRY COMP	9 mm	Model addition
FUSION FIREARMS, INC. [ERMOX]	XP COMP	9 mm	Model addition
TISAS	PX-9 GEN 3 DUTY COMP	9 mm	Model addition
Armi Olmi G. (Taylor s & Company)	963 MF Defense	357 Mag	Model addition
Adler Arms	AD-9	9 mm	Model addition
HECKLER & KOCH	VP9A1 X	9 mm	Model addition
Armi Olmi G. (Taylor s & Company)	963 MF	357 Mag	Model addition