Capitol Building

Maryland Register


Issue Date: January 20, 2017

Volume 44 • Issue 2 • Pages 75-166

IN THIS ISSUE

Regulations

Errata

Special Documents

General Notices

 

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before December 30, 2016 5 p.m.
 
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of December 30, 2016.
 
Brian Morris
Administrator, Division of State Documents
Office of the Secretary of State

Seal

Information About the Maryland Register and COMAR

MARYLAND REGISTER

   The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly.

   The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published  in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

   The following information is also published regularly in the Register:

   • Governor’s Executive Orders

   • Attorney General’s Opinions in full text

   • Open Meetings Compliance Board Opinions in full text

   • State Ethics Commission Opinions in full text

   • Court Rules

   • District Court Administrative Memoranda

   • Courts of Appeal Hearing Calendars

   • Agency Hearing and Meeting Notices

   • Synopses of Bills Introduced and Enacted by the General Assembly

   • Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

   The Maryland Register is cited by volume, issue, page number, and date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register issued on April 17, 1992.

CODE OF MARYLAND REGULATIONS (COMAR)

   COMAR is the official compilation of all regulations issued by agencies of the State of Maryland. The Maryland Register is COMAR’s temporary supplement, printing all changes to regulations as soon as they occur. At least once annually, the changes to regulations printed in the Maryland Register are incorporated into COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

   COMAR regulations are cited by title number, subtitle number, chapter number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

   Incorporation by reference is a legal device by which a document is made part of COMAR simply by referring to it. While the text of an incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is identified in the Maryland Register by an Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or Repealed, found online, also identifies each regulation incorporating a document. Documents incorporated by reference are available for inspection in various depository libraries located throughout the State and at the Division of State Documents. These depositories are listed in the first issue of the Maryland Register published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives information about past changes to regulations. To determine if there have been any subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf. This table lists the regulations in numerical order, by their COMAR number, followed by the citation to the Maryland Register in which the change occurred. The Maryland Register serves as a temporary supplement to COMAR, and the two publications must always be used together. A Research Guide for Maryland Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

   For subscription forms for the Maryland Register and COMAR, see the back pages of the Maryland Register. Single issues of the Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

   Maryland citizens and other interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the validity and applicability of regulations is determined. Listed below are some of the ways in which citizens may participate (references are to State Government Article (SG),

Annotated Code of Maryland):

   • By submitting data or views on proposed regulations either orally or in writing, to the proposing agency (see ‘‘Opportunity for Public Comment’’ at the beginning of all regulations appearing in the Proposed Action on Regulations section of the Maryland Register). (See SG, §10-112)

   • By petitioning an agency to adopt, amend, or repeal regulations. The agency must respond to the petition. (See SG §10-123)

   • By petitioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3)

   • By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)

   • By inspecting a certified copy of any document filed with the Division of State Documents for publication in the Maryland Register. (See SG, §7-213)

 

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland 21401. Tel. 410-260-3876; Fax 410-280-5647. Published biweekly, with cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $225 per year (first class mail). All subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices.

Lawrence J. Hogan, Jr., Governor; John C. Wobensmith, Secretary of State; Brian Morris, Administrator; Gail S. Klakring, Senior Editor; Mary D. MacDonald, Editor, Maryland Register and COMAR; Elizabeth Ramsey, Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

 

     Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

 


Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register ........................................................................  79

 

COMAR Research Aids

Table of Pending Proposals .............................................................  80

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

03        Comptroller of the Treasury .................................................  86

08        Department of Natural Resources ..................................  84, 87

09        Department of Labor, Licensing, and Regulation .................  92

10        Department of Health and Mental Hygiene ..................  84, 131

11        Department of Transportation ............................................  140

13A     State Board of Education ....................................................  144

13B     Maryland Higher Education Commission ..........................  146

15        Department of Agriculture .................................................  146

20        Public Service Commission .................................................  85

26        Department of the Environment .........................................  152

31        Maryland Insurance Administration ...................................  156

 

PERSONS WITH DISABILITIES

Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

General .....................................................................................  84

Fish ...........................................................................................  84

Horseshoe Crabs ......................................................................  84

10  DEPARTMENT OF HEALTH AND MENTAL HYGIENE

MEDICAL CARE PROGRAMS

Community Personal Assistance Services ................................  84

Home and Community-Based Options Waiver .........................  84

Community First Choice ...........................................................  85

DEVELOPMENTAL DISABILITIES

Behavior Support Services Program Service Plan ....................  85

20  PUBLIC SERVICE COMMISSION

TERMINATIONS OF SERVICE

General Regulations ..................................................................  85

Restrictions on Terminations ....................................................  85

 

Proposed Action on Regulations

03  COMPTROLLER OF THE TREASURY

OFFICE OF THE COMPTROLLER

Tax Payments — Immediately Available Funds .......................  86

INCOME TAX

General Regulations ..................................................................  87

Corporations .  87

Pass-Through Entity Nonresident Tax ......................................  87

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Crabs ........................................................................................  87

Gear ..........................................................................................  89

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

COMMISSIONER OF FINANCIAL REGULATION

Mortgage Lenders .....................................................................  92

Mortgage Loan Originators ......................................................  102

Recordation of Security Instruments for Residential
   Property .  104

Foreclosure Procedures for Residential Property ......................  104

BOARD OF MASTER ELECTRICIANS

Fees and Deadlines .  106

RACING COMMISSION

Thoroughbred Rules .................................................................  106

General  108

REAL ESTATE COMMISSION

General Regulations .  109

Code of Ethics .  111

Hearing Regulations .  111

Time Share Registrations .  111

Continuing Education .  111

Residential Property Disclosure/Disclaimer Statement .............  111

Agency Relationship Disclosure/Dual Agency Consent ...........  111

BOARD FOR PROFESSIONAL LAND SURVEYORS

Code of Ethics for the Practice of Professional Land
   Surveying and Property Line Surveying .  113

Survey Markers .  113

Fees .  114

Continuing Professional Competency Requirements .  115

STATE ATHLETIC COMMISSION

General Provisions .  118

Safety and Health Standards for Contestants .  119

Conduct of Boxing Contests .  119

Wrestling Regulations .  120

STATE BOARD OF HEATING, VENTILATION, AIR-
   CONDITIONING, AND REFRIGERATION
   CONTRACTORS

Fees .  120

General Regulations .  121

BOARD OF BARBERS

General Regulations .  122

BOARD OF STATIONARY ENGINEERS

General Regulations .  122

BOARD OF PLUMBING

Enforcement of the Plumbing Law by the Board .  123

BOARD OF ARCHITECTS

Fees .  123

BOARD OF COSMETOLOGISTS

General Regulations .  124

BOARD FOR PROFESSIONAL ENGINEERS

Fees .  125

BOARD OF FORESTERS

General Regulations .  126

OFFICE OF CEMETERY OVERSIGHT

Registration and Permit Requirements .  127

Registration and Permit Requirements .  128

Perpetual Care .  129

ELEVATOR SAFETY REVIEW BOARD

Continuing Professional Competency .......................................  130

COMMISSION OF REAL ESTATE APPRAISERS,
   APPRAISAL MANAGEMENT COMPANIES, AND HOME
   INSPECTORS — HOME INSPECTORS

Work Experience Requirements .  130

10  DEPARTMENT OF HEALTH AND MENTAL HYGIENE

PROCEDURES

Income Tax Credits for Preceptors in Areas with Health Care
   Workforce Shortages .  131

BOARD OF NURSING

Examination and Licensure .  131

BOARD OF DENTAL EXAMINERS

Unprofessional Conduct  134

BOARD OF PROFESSIONAL COUNSELORS AND
   THERAPISTS

Behavior Analyst Advisory Committee .  135

11  DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION —
   ADMINISTRATIVE PROCEDURES

Payment by Check .  140

Motor Vehicle Fees .  141

MOTOR VEHICLE ADMINISTRATION — DRIVER
   LICENSING AND IDENTIFICATION DOCUMENTS

Proof of Age, Name, Identity, Residence, and Lawful
   Status .  141

13A STATE BOARD OF EDUCATION

SPECIAL INSTRUCTIONAL PROGRAMS

Automated External Defibrillator Program in Middle Schools
   and High Schools .  144

13B MARYLAND HIGHER EDUCATION COMMISSION

ACADEMIC REGULATIONS

Exemption Procedures for Religious Educational
   Institutions .  146

15  DEPARTMENT OF AGRICULTURE

STATE CHEMIST

Pet Food and Specialty Pet Food .  146

26  DEPARTMENT OF THE ENVIRONMENT

AIR QUALITY

Low Emissions Vehicle Program ..  152

WATER MANAGEMENT

Erosion and Sediment Control  155

31  MARYLAND INSURANCE ADMINISTRATION

PROPERTY AND CASUALTY INSURANCE

Application of a Percentage Deductible in the Case of a
   Hurricane or Other Storm ..  156

 

Errata

COMAR 21.07.01 .  158

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Public Hearing ......................................................................  159

MARYLAND HEALTH CARE COMMISSION

GROSS AND NET 2025 BED NEED PROJECTION FOR
   MEDICAL/SURGICAL/GYNECOLOGICAL/
   ADDICTIONS AND PEDIATRIC BEDS BY
   JURISDICTION ..  160

 

General Notices

ATHLETIC COMMISSION

Public Meeting .  163

FIRE PREVENTION COMMISSION

Public Meeting .  163

DEPARTMENT OF HEALTH AND MENTAL
   HYGIENE/OFFICE OF HEALTH SERVICES

Public Notice Waiver for Children with Autism Spectrum
  Disorder Amendment  163

MARYLAND HEALTH CARE COMMISSION

Public Meeting Rescheduled .  163

Public Meeting .  163

Receipt of Application .  163

Notice of Project Change .  164

MINORITY BUSINESS ENTERPRISE ADVISORY
   COMMITTEE

Public Meeting .  164

Public Meeting .  164

Public Meeting .  164

Public Meeting .  164

Public Meeting .  164

DEPARTMENT OF NATURAL RESOURCES/FISHERIES
  SERVICE

Public Notice — Commercial Striped Bass Common Pool
   Gill Net Season Modification .  164

DEPARTMENT OF NATURAL RESOURCES/FISHING AND
  BOATING SERVICES

Public Notice — Commercial Striped Bass Common Pool
   Gill Net Season Modification .  164

Public Notice — 2017 Commercial Shark Catch Limits .  164

RACING COMMISSION

Public Meeting .  164

COMMISSION OF REAL ESTATE APPRAISERS AND
   HOME INSPECTORS

Public Meeting .  165

TEACHER INDUCTION, RETENTION AND
   ADVANCEMENT ACT OF 2016 WORKGROUP

Public Meeting .  165

BOARD OF WATERWORKS AND WASTE SYSTEMS
   OPERATORS

Public Meeting .  165

BOARD OF WELL DRILLERS

Public Meeting .  165

WORKERS’ COMPENSATION COMMISSION

Public Meeting .  165

 

 

COMAR Online

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

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

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

 

Availability of Monthly List of
Maryland Documents

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

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

 

CLOSING DATES AND ISSUE DATES through JULY 21, 2017

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

February 3**

January 13

January 25

January 23

February 17

January 30

February 8

February 6

March 3**

February 13

February 22

February 17

March 17

February 27

March 8

March 6

March 31

March 13

March 22

March 20

April 14

March 27

April 5

April 3

April 28

April 10

April 19

April 17

May 12

April 24

May 3

May 1

May 26

May 8

May 17

May 15

June 9**

May 22

May 31

May 26

June 23

June 5

June 14

June 12

July 7

June 19

June 28

June 26

July 21

July 3

July 12

July 10

 

*   Due date for documents containing 8 to 18 pages — 48 hours before date shown; due date for documents exceeding 18 pages — 1 week before date shown

NOTE:  ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE REVISED PAGE COUNT REFLECTS THIS FORMATTING.

** Note closing date changes

***   Note issue date and closing date changes

The regular closing date for Proposals and Emergencies is Monday.

 


 

RegCodificationSystem

Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

   This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals

   The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by “(err)”. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

 


02 OFFICE OF THE ATTORNEY GENERAL

 

02.06.03.01—.10 • 42:13 Md. R. 798 (6-26-15)

 

03 COMPTROLLER OF THE TREASURY

 

03.01.02.01,.02 • 44:2 Md. R. 86 (1-20-17)

03.04.01.01 • 44:2 Md. R. 87 (1-20-17)

03.04.03.04 • 44:2 Md. R. 87 (1-20-17)

03.04.07.03 • 44:2 Md. R. 87 (1-20-17)

 

07 DEPARTMENT OF HUMAN RESOURCES

 

07.02.10.01,.02,.04,.09 • 43:26 Md. R. 1452 (12-23-16)

07.02.10.08,.18 • 43:24 Md. R. 1352 (11-28-16)

07.02.11.03,.05,.16 • 43:24 Md. R. 1353 (11-28-16)

07.02.14.01—.14 • 43:2 Md. R. 143 (1-22-16)

07.02.15.01—.11 • 43:17 Md. R. 964 (8-19-16)

07.02.17.03,.04,.06—.08 • 43:17 Md. R. 968 (8-19-16)

07.02.18.02,.04,.06—.14 • 43:17 Md. R. 969 (8-19-16)

07.02.19.01—.08,.10,.12—.14,.16 • 43:17 Md. R. 971 (8-19-16)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.01.09 • 43:25 Md. R. 1388 (12-9-16)

08.02.01.13 • 43:16 Md. R. 903 (8-5-16)

08.02.03.01,.09,.11,.12,.14 • 44:2 Md. R. 87 (1-20-17)

08.02.11.01,.04 • 43:25 Md. R. 1389 (12-9-16)

08.02.21.03 • 43:26 Md. R. 1453 (12-23-16)

08.02.25.01—.04 • 44:2 Md. R. 89 (1-20-17)

08.03.01.01 • 43:16 Md. R. 904 (8-5-16)

08.04.01.01 • 44:1 Md. R. 14 (1-6-17)

08.04.16.01—.03 • 43:2 Md. R. 162 (1-22-16)

08.18.01.03 • 44:1 Md. R. 14 (1-6-17)

08.18.07.01,.02 • 44:1 Md. R. 15 (1-6-17)

08.18.21.03 • 44:1 Md. R. 16 (1-6-17)

08.18.25.02 • 44:1 Md. R. 16 (1-6-17)

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

09.03.06.02—.27 • 44:2 Md. R. 92 (1-20-17)

09.03.09.01—.09 • 44:2 Md. R. 102 (1-20-17)

09.03.11.01,.02 • 44:2 Md. R. 104 (1-20-17)

09.03.12.01,.02 • 44:2 Md. R. 104 (1-20-17)

09.09.01.01 • 44:2 Md. R. 106 (1-20-17)

09.10.01.04,.07,.12,.17,.22,.23,.29,.36,.37,.54,
     .58
• 44:2 Md. R. 106 (1-20-17)

09.10.04.08 • 44:2 Md. R. 108 (1-20-17)

09.11.01.04,.06—.11,.13—.16,.18,.19,.21,
     .26
• 44:2 Md. R. 109 (1-20-17)

09.11.02.01 • 44:2 Md. R. 111 (1-20-17)

09.11.03.04 • 44:2 Md. R. 111 (1-20-17)

09.11.04.01—.03 • 44:2 Md. R. 111 (1-20-17)

09.11.06.01,.03,.05,.08—.10 • 44:2 Md. R. 111 (1-20-17)

09.11.07.02 • 44:2 Md. R. 111 (1-20-17)

09.11.08.01 • 44:2 Md. R. 111 (1-20-17)

09.12.43.02,.05 • 43:26 Md. R. 1453 (12-23-16)

09.13.01.01—.08 • 44:2 Md. R. 113 (1-20-17)

09.13.03.03 • 44:2 Md. R. 113 (1-20-17)

09.13.05.03 • 44:2 Md. R. 114 (1-20-17)

09.13.08.02—.10,.12,.16—.17 • 44:2 Md. R. 115 (1-20-17)

09.14.01.02 • 44:2 Md. R. 118 (1-20-17)

09.14.04.04,.10 • 44:2 Md. R. 119 (1-20-17)

09.14.06.10 • 44:2 Md. R. 119 (1-20-17)

09.14.08.04 • 44:2 Md. R. 120 (1-20-17)

09.15.01.01 • 44:2 Md. R. 120 (1-20-17)

09.15.02.01,.06—.11 • 44:2 Md. R. 121 (1-20-17)

09.16.01.06—.08,.10 • 44:2 Md. R. 122 (1-20-17)

09.17.01.02 • 44:2 Md. R. 122 (1-20-17)

09.20.02.02,.07,.11 • 44:2 Md. R. 123 (1-20-17)

09.21.04.03 • 44:2 Md. R. 123 (1-20-17)

09.22.01.05—.16 • 44:2 Md. R. 124 (1-20-17)

09.23.04.03 • 44:2 Md. R. 125 (1-20-17)

09.24.01.09 • 44:1 Md. R. 17 (1-6-17)

09.29.01.01—.06 • 44:2 Md. R. 126 (1-20-17)

09.34.01.05 • 44:2 Md. R. 127 (1-20-17)

09.34.01.06 • 44:2 Md. R. 128 (1-20-17)

09.34.02.03 • 44:2 Md. R. 129 (1-20-17)

09.35.02.02,.03 • 43:21 Md. R. 1170 (10-14-16)

09.35.04.10 • 44:2 Md. R. 130 (1-20-17)

09.36.02.01 • 44:2 Md. R. 130 (1-20-17)

09.38.01.01 • 43:18 Md. R. 1022 (9-2-16)

 

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

 

     Subtitles 01—08 (1st volume)

 

10.01.01.01—.11 • 44:2 Md. R. 131 (1-20-17)

10.02.01.04 • 43:26 Md. R. 1454 (12-23-16)

10.03.01.08 • 43:23 Md. R. 1284 (11-14-16)

10.05.01.04 • 44:1 Md. R. 18 (1-6-17)

10.05.01.08 • 43:26 Md. R. 1457 (12-23-16)

10.05.03.04 • 43:26 Md. R. 1458 (12-23-16)

10.06.01.01,.02,.17,.18 • 43:26 Md. R. 1458 (12-23-16)

10.06.02.02,.04,.13 • 43:25 Md. R. 1392 (12-9-16)

10.07.01.01,.31 • 43:26 Md. R. 1460 (12-23-16)

10.07.01.04,.21 • 44:1 Md. R. 18 (1-6-17)

10.07.03.05 • 44:1 Md. R. 18 (1-6-17)

10.07.04.03 • 44:1 Md. R. 18 (1-6-17)

10.07.05.04 • 44:1 Md. R. 18 (1-6-17)

10.07.07.04 • 44:1 Md. R. 18 (1-6-17)

10.07.08.04,.05 • 44:1 Md. R. 18 (1-6-17)

10.07.09.08,.21 • 44:1 Md. R. 18 (1-6-17)

10.07.10.04 • 44:1 Md. R. 18 (1-6-17)

10.07.11.04,.05,.09,.10 • 44:1 Md. R. 18 (1-6-17)

10.07.12.04,.20 • 44:1 Md. R. 18 (1-6-17)

10.07.14.07 • 44:1 Md. R. 18 (1-6-17)

10.07.16.05 • 44:1 Md. R. 18 (1-6-17)

10.07.17.03.04 • 44:1 Md. R. 18 (1-6-17)

10.07.18.04 • 44:1 Md. R. 18 (1-6-17)

10.07.20.04 • 44:1 Md. R. 18 (1-6-17)

10.07.21.04 • 44:1 Md. R. 18 (1-6-17)

 

     Subtitle 09 (2nd volume)

 

10.09.01.01—.10 • 43:26 Md. R. 1462 (12-23-16)

10.09.02.07 • 43:26 Md. R. 1454 (12-23-16) (ibr)

10.09.06.01—.18 • 43:26 Md. R. 1464 (12-23-16)

10.09.08.04 • 43:26 Md. R. 1487 (12-23-16)

10.09.08.07,.10 • 43:26 Md. R. 1454 (12-23-16)

10.09.09.07 • 43:26 Md. R. 1454 (12-23-16)

10.09.14.07 • 43:25 Md. R. 1393 (12-9-16)

10.09.15.07 • 43:26 Md. R. 1454 (12-23-16)

10.09.17.06 • 43:25 Md. R. 1393 (12-9-16)

10.09.21.01—.11 • 43:26 Md. R. 1462 (12-23-16)

10.09.23.01-1,.07 • 43:25 Md. R. 1393 (12-9-16) (ibr)

10.09.23.03 • 43:24 Md. R. 1354 (11-28-16)

10.09.21.01—.11 • 43:26 Md. R. 1462 (12-23-16)

10.09.24.08-2 • 43:26 Md. R. 1488 (12-23-16)

10.09.38.06 • 43:26 Md. R. 1454 (12-23-16)

10.09.39.01—.10 • 43:26 Md. R. 1462 (12-23-16)

10.09.49.11 • 43:26 Md. R. 1454 (12-23-16)

10.09.50.07 • 43:26 Md. R. 1454 (12-23-16)

10.09.51.07 • 43:25 Md. R. 1393 (12-9-16)

10.09.60.01—.08 • 43:24 Md. R. 1355 (11-28-16)

10.09.62.01 • 43:26 Md. R. 1489 (12-23-16)

10.09.65.19 • 43:25 Md. R. 1394 (12-9-16)

10.09.65.19-3 • 43:24 Md. R. 1354 (11-28-16)

10.09.67.01,.07,.12 • 43:24 Md. R. 1354 (11-28-16)

10.09.67.20 • 43:26 Md. R. 1454 (12-23-16)

10.09.67.28 • 43:26 Md. R. 1489 (12-23-16)

10.09.68.01—.03 • 43:26 Md. R. 1489 (12-23-16)

10.09.70.02 • 43:25 Md. R. 1398 (12-9-16)

10.09.76.01—.11 • 43:26 Md. R. 1489 (12-23-16)

10.09.77.04,.06 • 43:26 Md. R. 1487 (12-23-16)

10.09.80.01,.05,.06,.08 • 43:25 Md. R. 1402 (12-9-16)

10.09.87.07 • 43:26 Md. R. 1454 (12-23-16)

10.09.88.07 • 43:26 Md. R. 1454 (12-23-16)

10.09.92.01—.14 • 43:26 Md. R. 1464 (12-23-16)

10.09.93.01—.16 • 43:26 Md. R. 1464 (12-23-16)

10.09.94.01—.13 • 43:26 Md. R. 1464 (12-23-16)

10.09.95.01—.13 • 43:26 Md. R. 1464 (12-23-16)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.10.03.02 • 44:1 Md. R. 18 (1-6-17)

10.10.13.02—.04,.12—.18,.20,.21,
     .23—.27
• 44:1 Md. R. 23 (1-6-17)

10.11.03.14 • 43:26 Md. R. 1454 (12-23-16)

10.14.01.01,.02,.02-1,.07 • 43:25 Md. R. 1404 (12-9-16) (ibr)

10.14.06.02—.06 • 43:25 Md. R. 1406 (12-9-16)

10.15.05.01,.01-1,.13,.14,.20-1,.21,
     .24—.26-2
• 43:25 Md. R. 1407 (12-9-16) (ibr)

10.15.06.01-.07,.10,.12—.20 • 43:25 Md. R. 1407 (12-9-16)

10.15.08.02,.03 • 43:25 Md. R. 1407 (12-9-16)

10.16.07.03,.14 • 43:25 Md. R. 1415 (12-9-16)

10.18.04.01—.03 • 43:26 Md. R. 1458 (12-23-16)

10.18.09.01—.08 • 44:1 Md. R. 31 (1-6-17)

10.21.16.04 • 44:1 Md. R. 18 (1-6-17)

10.21.25.03-2,.05—.13 • 43:19 Md. R. 1077 (9-16-16)

10.22.01.01 • 44:1 Md. R. 34 (1-6-17)

10.22.02.02 • 44:1 Md. R. 18 (1-6-17)

10.22.18.04 • 44:1 Md. R. 34 (1-6-17)

 

     Subtitles 23 — 36 (4th Volume)

 

10.24.15.01 • 43:25 Md. R. 1417 (12-9-16) (ibr)

10.24.19.01 • 43:18 Md. R. 1027 (9-2-16) (ibr)

10.27.01.02 • 44:2 Md. R. 131 (1-20-17)

10.27.01.04—.18 • 43:24 Md. R. 1357 (11-28-16)

10.27.21.02—.05,.07 • 43:25 Md. R. 1418 (12-9-16)

10.29.09.02—.06,.11,.14 • 43:26 Md. R. 1492 (12-23-16)

10.29.15.02—.05,.07,.08 • 43:26 Md. R. 1494 (12-23-16)

10.33.01.14 • 43:25 Md. R. 1419 (12-9-16)

 

     Subtitles 37—65 (5th Volume)

 

10.38.12.01—.04 • 43:23 Md. R. 1287 (11-14-16)

10.39.01.03—.09 • 43:24 Md. R. 1357 (11-28-16)

10.39.04.04 • 43:24 Md. R. 1357 (11-28-16)

10.41.03.08 • 43:25 Md. R. 1420 (12-9-16)

10.41.08.02 • 43:25 Md. R. 1420 (12-9-16)

10.41.11.02 • 43:25 Md. R. 1420 (12-9-16)

10.44.23.01—.04 • 44:2 Md. R. 134 (1-20-17) (ibr)

10.47.04.04,.05 • 44:1 Md. R. 18 (1-6-17)

10.48.01.07 • 43:26 Md. R. 1454 (12-23-16)

10.51.03.02,.03 • 44:1 Md. R. 18 (1-6-17)

10.52.01.01—.09 • 44:1 Md. R. 36 (1-6-17)

10.52.12.03—.15 • 44:1 Md. R. 23 (1-6-17)

10.53.02.01—.10 • 43:24 Md. R. 1357 (11-28-16)

10.54.03.03,.04,.07—.11,.13—.16,.18,
     .19
• 43:26 Md. R. 1495 (12-23-16)

10.58.16.01—.18 • 44:2 Md. R. 135 (1-20-17)

10.60.01.02—.05 • 44:1 Md. R. 40 (1-6-17)

10.60.02.03—.05 • 44:1 Md. R. 40 (1-6-17)

10.60.03.03 • 44:1 Md. R. 40 (1-6-17)

10.60.04.09—.13 • 44:1 Md. R. 40 (1-6-17)

10.60.06.01 • 44:1 Md. R. 40 (1-6-17)

10.62.01.01 • 43:22 Md. R. 1245 (10-28-16)

10.62.08.03,.05—.07 • 43:22 Md. R. 1245 (10-28-16)

10.62.09.03 • 43:22 Md. R. 1245 (10-28-16)

10.62.12.02 • 43:22 Md. R. 1245 (10-28-16)

10.62.15.04—.07 • 43:22 Md. R. 1245 (10-28-16)

10.62.19.02,.04—.06 • 43:22 Md. R. 1245 (10-28-16)

10.62.20.03 • 43:22 Md. R. 1245 (10-28-16)

10.62.22.02 • 43:22 Md. R. 1245 (10-28-16)

10.62.25.03,.05—.07 • 43:22 Md. R. 1245 (10-28-16)

10.62.26.03 • 43:22 Md. R. 1245 (10-28-16)

10.62.28.02 • 43:22 Md. R. 1245 (10-28-16)

10.63.01.02,.04,.05 • 43:23 Md. R. 1289 (11-14-16)

10.63.03.14,.18,.19 • 43:23 Md. R. 1289 (11-14-16)

10.63.04.03 • 43:23 Md. R. 1289 (11-14-16)

10.63.06.10 • 43:23 Md. R. 1289 (11-14-16)

10.63.07.01—.12 • 44:1 Md. R. 43 (1-6-17)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.01.18.01,.02 • 43:22 Md. R. 1251 (10-28-16)

 

     Subtitles 11—22 (MVA)

 

11.11.01.01—.04 • 44:2 Md. R. 140 (1-20-17)

11.11.05.03 • 44:2 Md. R. 141 (1-20-17)

11.12.01.01—.25 • 44:1 Md. R. 46 (1-6-17)

11.17.09.01—.07 • 44:2 Md. R. 141 (1-20-17)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.04.01.01,.16 • 43:26 Md. R. 1500 (12-23-16)

 

13A STATE BOARD OF EDUCATION

 

13A.02.08.01—.03 • 43:22 Md. R. 1252 (10-28-16)

13A.03.07.01—.05 • 43:22 Md. R. 1252 (10-28-16)

13A.04.03.01—.11 • 43:22 Md. R. 1253 (10-28-16)

13A.04.05.01—.08 • 44:1 Md. R. 54 (1-6-17)

13A.04.19.01—.09 • 43:26 Md. R. 1502 (12-23-16)

13A.04.20.02,.04,.05,.07 • 43:26 Md. R. 1503 (12-23-16)

13A.05.10.01—.03 • 44:2 Md. R. 144 (1-20-17)

13A.06.07.01,.08—.10 • 43:26 Md. R. 1503 (12-23-16)

13A.07.11.01—.05 • 43:10 Md. R. 595 (5-13-16) (ibr)

13A.12.04.04 • 43:26 Md. R. 1505 (12-23-16)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.01.01.03,.15 • 43:25 Md. R. 1421 (12-9-16)

13B.02.02.08 • 43:25 Md. R. 1422 (12-9-16)

13B.02.04.02 • 44:2 Md. R. 146 (1-20-17)

13B.05.01.05 • 43:25 Md. R. 1423 (12-9-16)

13B.05.01.06 • 43:25 Md. R. 1424 (12-9-16)

13B.06.01.02,.02-1,.04—.10 • 43:26 Md. R. 1505 (12-23-16)

13B.07.02.07 • 43:23 Md. R. 1290 (11-14-16)

13B.08.09.01—.11 • 42:22 Md. R. 1398 (10-30-15)

13B.08.13.01—.10 • 43:8 Md. R. 506 (4-15-16)

13B.08.14.01—.15 • 43:6 Md. R. 421 (3-18-16)

13B.08.15.01—.16 • 43:9 Md. R. 546 (4-29-16)

 

14 INDEPENDENT AGENCIES

 

14.06.03.05,.06 • 42:26 Md. R. 1638 (12-28-15)

14.35.01.01,.02 • 43:18 Md. R. 1039 (9-2-16)

14.35.07 • 43:19 Md. R. 1092 (9-16-16) (err)

14.35.07.01—.21 • 43:18 Md. R. 1039 (9-2-16)

14.36.04.01,.03—.08 • 43:4 Md. R. 342 (2-19-16)

 

15 DEPARTMENT OF AGRICULTURE

 

15.05.01.02 • 43:19 Md. R. 1088 (9-16-16)

15.06.04.06 • 43:21 Md. R. 1171 (10-14-16)

15.18.09.01—.15 • 44:2 Md. R. 146 (1-20-17) (ibr)

 

21 STATE PROCUREMENT REGULATIONS

 

21.02.01.04,.05 • 44:1 Md. R. 57 (1-6-17)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 01—07 (Part 1)

 

26.04.02.09 • 43:25 Md. R. 1424 (12-9-16)

 

     Subtitles 08—12 (Part 2)

 

26.08.07.04 • 43:24 Md. R. 1361 (11-28-16)

26.11.34.02 • 44:2 Md. R. 152 (1-20-17) (ibr)

 

     Subtitles 13 — 18 (Part 3)

 

26.17.01.01,.08,.09,.11 • 44:2 Md. R. 155 (1-20-17) (ibr)

 

     Subtitles 19—27 (Part 4)

 

26.19.01.01—.61 • 43:23 Md. R. 1293 (11-14-16) (ibr)

 

29 DEPARTMENT OF STATE POLICE

 

29.01.02.01,.02,.11,.16 • 43:10 Md. R. 609 (5-13-16)

29.05.02.01—.08 • 43:12 Md. R. 693 (6-10-16)

 

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.08.15.03 • 43:23 Md. R. 1316 (11-14-16)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.06.10 • 43:26 Md. R. 1508 (12-23-16)

31.03.18.01—.03 • 44:1 Md. R. 58 (1-6-17)

31.04.15.03 • 43:25 Md. R. 1425 (12-9-16)

31.05.11.02 • 43:25 Md. R. 1425 (12-9-16)

31.05.12.01 • 43:25 Md. R. 1425 (12-9-16)

31.08.01.02 • 43:24 Md. R. 1362 (11-28-16)

31.08.02.02 • 43:24 Md. R. 1362 (11-28-16)

31.08.03 • 43:24 Md. R. 1362 (11-28-16)

31.08.08.07 • 43:24 Md. R. 1362 (11-28-16)

31.08.09.06—.08,.13,.14 • 43:24 Md. R. 1362 (11-28-16)

31.08.10.02 • 43:24 Md. R. 1362 (11-28-16)

31.08.11.01—.07 • 44:1 Md. R. 59 (1-6-17)

31.08.13.01—.06 • 44:2 Md. R. 156 (1-20-17)

31.08.13.03,.04,.06 • 43:20 Md. R. 1146 (9-30-16)

31.09.04 • 44:1 Md. R. 62 (1-6-17)

31.09.08 • 44:1 Md. R. 62 (1-6-17)

31.10.11.14 • 43:24 Md. R. 1365 (11-28-16)

31.13.01.22 • 43:23 Md. R. 1318 (11-14-16)

31.14.01.13,.24,.36 • 43:26 Md. R. 1509 (12-23-16)

31.14.02.03—.06,.06-1 • 43:26 Md. R. 1509 (12-23-16)

31.14.03.06 • 43:24 Md. R. 1365 (11-28-16)

31.15 • 43:2 Md. R. 128 (1-22-16) (err)

31.15.15.01—.07 • 44:1 Md. R. 59 (1-6-17)

31.16.08.06 • 43:24 Md. R. 1366 (11-28-16)

 

33 STATE BOARD OF ELECTIONS

 

33.01.01.01 • 43:4 Md. R. 345 (2-19-16)

33.05.04.05 • 43:4 Md. R. 346 (2-19-16)

33.13.07.06 • 43:24 Md. R. 1367 (11-28-16)

33.13.08.06,.07 • 43:24 Md. R. 1367 (11-28-16)

33.13.10.02—.04 • 43:24 Md. R. 1367 (11-28-16)

33.13.13.08 • 43:24 Md. R. 1367 (11-28-16)

33.14.02.03 • 43:24 Md. R. 1369 (11-28-16)

33.16.01.01 • 43:4 Md. R. 346 (2-19-16)

33.16.02.05 • 43:4 Md. R. 346 (2-19-16)

33.16.03.01,.02 • 43:4 Md. R. 346 (2-19-16)

33.16.04.01 • 43:4 Md. R. 346 (2-19-16)

33.16.05.03,.04 • 43:4 Md. R. 346 (2-19-16)

33.16.06.01 • 43:4 Md. R. 346 (2-19-16)

33.20.06.01 • 43:24 Md. R. 1369 (11-28-16)

 

35 DEPARTMENT OF VETERANS’ AFFAIRS

 

35.03.01.05 • 43:26 Md. R. 1515 (12-23-16)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.10.23,.28,.50 • 44:1 Md. R. 63 (1-6-17)

 


Final Action on Regulations

 

Symbol Key

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

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

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

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

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

 

 


Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.01 General

Authority: Natural Resources Article, §4-701, Annotated Code of Maryland

Notice of Final Action

[16-294-F]

On January 9, 2017, the Secretary of Natural Resources adopted amendments to Regulation .05 under COMAR 08.02.01 General. This action, which was proposed for adoption in 43:23 Md. R. 1282—1283 (November 14, 2016), has been adopted as proposed.

Effective Date: January 30, 2017.

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.05 Fish

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

Notice of Final Action

[16-296-F]

On January 9, 2017, the Secretary of Natural Resources adopted amendments to Regulation .22 under COMAR 08.02.05 Fish. This action, which was proposed for adoption in 43:23 Md. R. 1283 (November 14, 2016), has been adopted as proposed.

Effective Date: January 30, 2017.

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.10 Horseshoe Crabs

Authority: Natural Resources Article, §4-215, Annotated Code of Maryland

Notice of Final Action

[16-295-F]

On January 9, 2017, the Secretary of Natural Resources adopted amendments to Regulation .01 under COMAR 08.02.10 Horseshoe Crabs. This action, which was proposed for adoption in 43:23 Md. R. 1283 (November 14, 2016), has been adopted as proposed.

Effective Date: January 30, 2017.

MARK J. BELTON
Secretary of Natural Resources

Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.20 Community Personal Assistance Services

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

Notice of Final Action

[16-284-F]

On January 9, 2017, the Secretary of Health and Mental Hygiene adopted amendments to Regulations .09―.11 and .14 under COMAR 10.09.20 Community Personal Assistance Services. This action, which was proposed for adoption in 43:23 Md. R. 1284—1285 (November 14, 2016), has been adopted as proposed.

Effective Date: January 30, 2017.

VAN T. MITCHELL
Secretary of Health and Mental Hygiene

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.54 Home and Community-Based Options Waiver

Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and 15-132, Annotated Code of Maryland

Notice of Final Action

[16-292-F]

On January 9, 2017, the Secretary of Health and Mental Hygiene adopted amendments to Regulations .13―.19 and .22 under COMAR 10.09.54 Home and Community-Based Options Waiver. This action, which was proposed for adoption in 43:23 Md. R. 1285—1286 (November 14, 2016), has been adopted as proposed.

Effective Date: January 30, 2017.

VAN T. MITCHELL
Secretary of Health and Mental Hygiene

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.84 Community First Choice

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

Notice of Final Action

[16-285-F]

On January 9, 2017, the Secretary of Health and Mental Hygiene adopted amendments to Regulations .14―.20, .23, and .24 under COMAR 10.09.84 Community First Choice. This action, which was proposed for adoption in 43:23 Md. R. 1286—1287 (November 14, 2016), has been adopted as proposed.

Effective Date: January 30, 2017.

VAN T. MITCHELL
Secretary of Health and Mental Hygiene

 

Subtitle 22 DEVELOPMENTAL DISABILITIES

10.22.10 Behavior Support Services Program Service Plan

Authority: Health-General Article, §7-904; Health Occupations Article,
§17-6A-01 et seq.,
Annotated Code of Maryland

Notice of Final Action

[16-286-F]

On January 4, 2017, the Secretary of Health and Mental Hygiene adopted amendments to Regulation .05 under COMAR 10.22.10 Behavior Support Services Program Service Plan. This action, which was proposed for adoption in 43:23 Md. R. 1287 (November 14, 2016), has been adopted as proposed.

Effective Date: January 30, 2017.

VAN T. MITCHELL
Secretary of Health and Mental Hygiene

 

Title 20
PUBLIC SERVICE COMMISSION

Subtitle 31 TERMINATIONS OF SERVICE

Notice of Final Action

[16-283-F]

On January 4, 2017, the Public Service Commission adopted amendments to:

(1) Regulation .02 under COMAR 20.31.01 General Regulations; and

(2) Regulation .01 under COMAR 20.31.03 Restrictions on Terminations.

This action, which was proposed for adoption in 43:23 Md. R. 1291—1292 (November 14, 2016), has been adopted as proposed.

Effective Date: January 30, 2017.

DAVID J. COLLINS
Executive Secretary

 


Proposed Action on Regulations

 


 



Title 03
COMPTROLLER OF THE TREASURY

Subtitle 01 OFFICE OF THE COMPTROLLER

03.01.02 Tax Payments — Immediately Available Funds

Authority: Tax-General Article, §§2-103, 13-104, and 13-105, Annotated Code of Maryland

Notice of Proposed Action

[17-059-P]

The Comptroller of the Treasury proposes to amend Regulations .01 and .02 under COMAR 03.01.02 Tax Payments — Immediately Available Funds.

Statement of Purpose

The purpose of this action is to remove “U.S. currency” from the definition of immediately available funds. To reflect U.S. currency is no longer accepted as a payment by immediately available funds.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Wayne P. Green, Director, Revenue Administration Division, Comptroller of the Treasury, 110 Carroll Street, Annapolis, MD 21411, or call 410-260-7445, or email to wgreen@comp.state.md.us, or fax to 410-974-3456. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (6) (text unchanged)

(7) “Immediately available funds” means an ACH credit, an ACH debit, direct debit, [U.S. currency,] or wire transfer.

(8) — (12) (text unchanged)

.02 Requirements for Payment by Immediately Available Funds.

A. A taxpayer whose unpaid tax liability is $10,000 or more shall remit payment by immediately available funds pursuant to the following:

(1) Except as provided for in §A(2) of this regulation, payment shall be made by using:

(a) (text unchanged)

(b) ACH debit; or

(c) Direct debit; [or

(d) U.S. currency;]

(2) (text unchanged)

B. — E. (text unchanged)

[F. A taxpayer may satisfy the obligation to remit payment in immediately available funds by physical delivery of U.S. currency, with the appropriate return, on or before 1 p.m. on the due date of the obligation, to the Comptroller of the Treasury, 301 West Preston Street, Baltimore, MD 21201.]

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

PETER FRANCHOT
Comptroller

 

Subtitle 04 INCOME TAX

Notice of Proposed Action

[17-060-P]

The Comptroller of the Treasury proposes to amend:

(1) Regulation .01 under COMAR 03.04.01 General Regulations;

(2) Regulation .04 under COMAR 03.04.03 Corporations; and

(3) Regulation .03 under COMAR 03.04.07 Pass-Through Entity Nonresident Tax.

Statement of Purpose

The purpose of this action is to update language so as to be consistent with the statutory language of Tax-General Article, §10-911(b), Annotated Code of Maryland, and amend language to conform with statutory language of Tax-General Article, §10-821(a), Annotated Code of Maryland.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Wayne P. Green, Director, Revenue Administration Division, Comptroller of the Treasury, 110 Carroll Street, Annapolis, MD 21411, or call 410-260-7445, or email to wgreen@comp.state.md.us, or fax to 410-974-3456. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

 

03.04.01 General Regulations

Authority: Tax-General Article, §§2-103, 10-822, and 10-911, Annotated Code of Maryland

.01 Withholding of Tax at Source.

A. — D. (text unchanged)

E. Year-end Reconciliation Return of Monthly, Quarterly, Annual, and Periodic Returns and Employer Withholding Returns.

(1) (text unchanged)

(2) On or before [February 28] January 31 of each year, the employer or payor shall file with the Comptroller the following forms, returns, and information:

(a) — (f) (text unchanged)

F. — G. (text unchanged)

 

03.04.03 Corporations

Authority: Tax-General Article, §§2-103 and 10-306.1(h), Annotated Code of Maryland

.04 Filing of Returns.

A. A corporation shall file a corporation income tax return by the 15th day of the [3rd] 4th month following the end of the tax year or period. The return shall be filed with a copy of the federal return for the corresponding tax year or period.

B. — D. (text unchanged)

 

03.04.07 Pass-Through Entity Nonresident Tax

Authority: Tax-General Article, §§2-103 and 10-102.1(c) and (f), Annotated Code of Maryland

.03 Filing of Returns and Payment of Tax.

A. Information Returns.

(1) — (2) (text unchanged)

(3) Due Date. Except as provided in §A(4) of this regulation, the due date for filing an information return is:

(a) (text unchanged)

(b) For a pass-through entity that is an S corporation, the 15th day of the [3rd] 4th month following the close of the taxable year.

(4) Extension of Time to File.

(a) — (b) (text unchanged)

(c) Time for Filing. The due date for filing an extension is:

(i) (text unchanged)

(ii) For a pass-through entity that is an S corporation, the 15th day of the [3rd] 4th month following the close of the S corporation’s taxable year.

B. — E. (text unchanged)

PETER FRANCHOT
Comptroller

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.03 Crabs

Authority: Natural Resources Article, §§4-215 and 4-803, Annotated Code of Maryland

Notice of Proposed Action

[17-050-P]

The Secretary of Natural Resources proposes to amend Regulations .01, .09, .11, .12, and .14 under COMAR 08.02.03 Crabs.

Statement of Purpose

The purpose of this action is to change the time for commercially harvesting blue crabs in the coastal bays of the Atlantic Ocean and their tidal tributaries and update statewide blue crab regulations by clarifying text.

In Regulation .01, the proposed action clarifies the definition of “net ring”. The definition is clarified by stating that a net ring only has one ring, not a ring. A ring could be interpreted by some to mean one or more rings and the intention of the definition when first adopted was one ring.

In Regulation .09, the proposed action clarifies that there are exceptions to the crab license requirements and corrects inconsistency relating to the use of recreational gear. It was not completely clear that anyone could help a licensed crabber use trotlines and traps. Even though the exemptions are in regulation, the statement that anyone needed a license created confusion. The proposed action adds text to highlight the exemptions. Code of Maryland Regulations (COMAR) 08.02.03.09 Section A says that individuals with a crabbing license may use all recreational gear, meaning an individual may use trotlines and collapsible traps at the same time. Section B says that an individual with a crabbing boat license cannot use the gear at the same time. Anyone with a crabbing license (individual or boat) may use all gear simultaneously. The proposed action fixes the inconsistency.

In Regulation .11, the proposed action removes the commercial female closure periods. The commercial female crab daily catch limit is determined by license type, based on the abundance target and published by public notice. The text in Regulation .11 is obsolete because the process for determining female harvest is described in Regulation .14.

In Regulation .12, the proposed action changes the times that licensees can remove crabs from commercial gear and set or retrieve crab pots in the coastal bays of the Atlantic Ocean and their tidal tributaries to be consistent with Chesapeake Bay. Currently, a harvester may not remove crabs from gear or set or retrieve crab pots between 2 p.m. and 5:30 a.m. from April through October. The change maintains the 8.5 hour workday, is more consistent with the Chesapeake Bay regulations and gives harvesters flexibility. Additionally, it would allow harvest to occur earlier in the day to avoid high air temperatures which will reduce mortality and allow more crabs to reach the market.

In Regulation .14, the proposed action clarifies the intent of the regulation by adding text that allows a licensee to operate as a mate or an authorized user for a different licensee on Sundays and Mondays and combines text in two sections to make it clearer. Currently, the wording in the regulation could be interpreted as prohibiting a harvester from working on the water on their day off. By clarifying the regulation a harvester can mate or be an authorized user for someone else. The statements regarding declaration of days off in section C are combined for clarity. The two statements are very similar and it is unnecessary to keep both. The statement is added to section D because the process for declaring days off is the same.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. This action may benefit the commercial crab industry.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

Harvesters/dealers/
processors

(+)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

D. Changing the times for harvest in the coastal bays of the Atlantic Ocean and their tidal tributaries may provide business flexibility for harvesters allowing them to choose when to start harvesting. It could also lead to better harvest because if they can land before the heat of the day, they may have less mortality. The actual amount of impact is indeterminable because we cannot predict harvester actions and how much that will affect the industry (harvester, dealer, processor). Clarifying that a licensee may work for another licensee on their day off may benefit several individuals. The actual impact is indeterminable because the Department does not know how many individuals work for other licensees and how much compensation they receive.

Economic Impact on Small Businesses

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

Changing the times for harvest in the coastal bays of the Atlantic Ocean and their tidal tributaries may provide business flexibility for harvesters allowing them to choose when to start harvesting. It could also lead to better harvest because if they can land before the heat of the day, they may have less mortality. Clarifying that a licensee may work for another licensee on their day off may benefit several individuals.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Blue Crab Regulations, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through February 21, 2017. A public hearing will be held on February 6, 2017, at 5 p.m., at Tawes State Office Building, 580 Taylor Avenue, Conference Room C-1, Annapolis, MD 21401.

.01 Crabbing Gear.

A. (text unchanged)

B. Recreational Gear—Definitions.

(1)—(2) (text unchanged)

(3) “Crab net ring” means netting supported by [a] one ring-shaped rim that is less than or equal to 30 inches in diameter.

(4)—(8) (text unchanged)

C. (text unchanged)

.09 Recreational Crabbing Licenses — Chesapeake Bay and Its Tidal Tributaries.

A. Recreational Crabbing License.

(1) [An] Except as provided in §E of this regulation, an individual who catches or attempts to catch crabs for recreational purposes in the waters of the Chesapeake Bay and its tidal tributaries shall pay the fee and obtain a recreational crabbing license in order to use the following gear to catch crabs:

(a)—(d) (text unchanged)

(2)—(3) (text unchanged)

B. Recreational Crabbing Boat License.

(1) A recreational crabbing boat license authorizes an individual to use the following gear to catch or attempt to catch crabs in the licensed boat in the Chesapeake Bay and its tidal tributaries:

(a) Trotline; [or] and

(b) (text unchanged)

(2)—(4) (text unchanged)

C.—F. (text unchanged)

.11 Season and Time for Catching Crabs.

A. Commercial.

(1)—(4) (text unchanged)

[(5) An individual licensed to catch crabs for commercial purposes may not harvest mature female hard crabs from the Chesapeake Bay and its tidal tributaries during the periods:

(a) June 1 through June 15, inclusive;

(b) September 26 through October 4, inclusive; and

(c) November 11 through December 15 inclusive.]

B.—C. (text unchanged)

.12 Special Regulations for Crabbing in Worcester County.

A.—C. (text unchanged)

D. Commercial Daily Time Restrictions. A person licensed to catch crabs for sale may [not] remove crabs from commercial gear and set or retrieve crab pots in the coastal bays of the Atlantic Ocean and their tidal tributaries only during the following time periods:

[(1) Remove crabs from commercial gear in the coastal bays of the Atlantic Ocean and their tidal tributaries between 2 p.m. and 5:30 a.m.; or

(2) Set or retrieve crab pots in the coastal bays of the Atlantic Ocean and their tidal tributaries between 2 p.m. and 5:30 a.m.]

(1) Between sunrise and 8-½ hours after sunrise during April and October; and

(2) Between 1/2 hour before sunrise to 8 hours after sunrise during the period May through September.

E.—F. (text unchanged)

.14 General Prohibitions.

A. (text unchanged)

B. Commercial — General.

(1) [Except for a person who declares intent under §C of this regulation, a] A person licensed to catch crabs for sale may not set or retrieve gear or catch crabs for commercial purposes in the Chesapeake Bay and its tidal tributaries on Sundays and Mondays[.] unless the person:

(a) Declares intent under §C of this regulation;

(b) Is granted an alternate day off under §D of this regulation;

(c) Is operating as a licensee’s authorized user on the vessel designated in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland; or

(d) Is assisting as an unlicensed crew member on another licensee’s vessel.

(2)—(12) (text unchanged)

C. Closed Day Declaration of Intent.

(1)—(2) (text unchanged)

(3) A person licensed to catch crabs for sale who declares a day off under §C(1) of this regulation shall declare a Sunday or Monday day off only at the time of license renewal or issuance on forms provided by the Department.

[(4) A person licensed to catch crabs for sale may only declare a day off at the time of license renewal or issuance.]

D. Alternate Closed Day.

(1)—(3) (text unchanged)

(4) A person licensed to catch crabs for sale who declares a day off under §D(1) of this regulation shall declare an alternate day off only at the time of license renewal or issuance on forms provided by the Department.

E.—G. (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.25 Gear

Authority: Natural Resources Article, §§4-221 and 4-701.1, Annotated Code of Maryland

Notice of Proposed Action

[17-049-P]

The Secretary of Natural Resources proposes to amend Regulations .01—.03 and adopt new Regulation .04 under COMAR 08.02.25 Gear.

Statement of Purpose

The purpose of this action is to implement regulations to reflect legislative changes from the 2016 Legislative Session and amend regulations to reflect current practice.

The proposed action removes the definition for “bow” and replaces it with a definition for “archery equipment.” The term “archery equipment” is in line with terminology used by the Wildlife and Heritage Service and is more reflective of current practices. References to this gear throughout the chapter have also been changed.

House Bill 766, Chapter Law 117 of the 2016 Laws of Maryland removed certain references to recreational fishing gear. As a result of these changes, the proposed action amends provisions regarding bush bobs, bank poles, and dip nets.

The proposed action removes bush bobs and bank poles as legal gears in nontidal waters. Bush bobs and bank poles, both nonactive line fishing gears that either dangle lines from overhead limbs (bush bobs) or from sticks wedged into a river bank (bank poles), previously had been allowed in nontidal waters. The removal of these gears is due to recommendations from Departmental biologists as well as public safety concerns. These gears are typically used at night, with a high likelihood of bycatch of species which had been prohibited under the old statute. By removing these gears, the Department will cut down on bycatch of nontarget species. Furthermore, there was the potential for other anglers, boaters, or float tubers to become entangled in the gear if it was not well marked, unattended, or not collected by the owner. Removing this gear from the water will mitigate this concern. This gear is already not allowed in tidal waters.

The proposed action amends the use of dip nets in nontidal waters. Previously under Natural Resources Article, §4-617, Annotated Code of Maryland, dip nets had been allowed in the Susquehanna River in Harford and Cecil counties, in the Monocacy and Potomac rivers in Carroll and Frederick counties, and in Allegany and Washington counties, from January 1 through April 15. These rules had allowed for traditional shad fisheries in the Susquehanna River and sucker fisheries in the western counties. HB 766 removed the rules for dip nets from this statute. The proposed action does not reinstitute the use of dip nets in the Susquehanna River due to the closure of the shad and herring fisheries. The proposed action will allow dip nets in Allegany, Carroll, Frederick, and Washington counties to catch carp, catfish, Northern snakehead, and suckers. This maintains the traditional fishery and allows the gear to be used to target invasive species.

The proposed action amends the rules for the recreational use of gigs in both nontidal and tidal waters. The action clarifies that gigs are a hand-propelled gear, which is in line with current practice, and removes the requirement that a retrieval line be attached to a gig. The safety zone requirement for gigs is also removed.

The proposed action establishes a regulation for commercial gear. House Bill 63, Chapter 86 of the 2016 Laws of Maryland provided the Department the authority to regulate finfish trotlines. This authority will sunset on June 30, 2019 unless the Maryland General Assembly takes action to either extend this authority or make the authority permanent. The proposed action creates rules for the commercial use of finfish trotlines. The proposed regulations are the result of discussions between the Departmental biologists that manage tidal fisheries including catfish, striped bass, and resident estuarine species and the Sport Fisheries Advisory Commission and Tidal Fisheries Advisory Commission Joint Gear Workgroup, as well as public feedback on the rules that had initially been scoped. It is anticipated that finfish trotlines will be used mainly to target invasive blue catfish. Finfish trotlines will have to be marked the same way as crabbing trotlines in order to ensure visibility. The hooks used on finfish trotlines will have to be circle hooks at least 5/0 in size to minimize bycatch of and damage to non-target species. The proposed action also creates a maximum length of 1,200 feet. The gear will be required to be set on the bottom of the water body in which it is set during the striped bass spawning period of March 1 to June 15 in order to minimize interactions with striped bass. The remainder of the year, the gear must be set at least 10 feet below the surface of the water in waters that are at least 10 feet deep at mean low tide, or on the bottom of the water body in which it is set in waters that are less than 10 feet deep at mean low tide. The purpose of this depth requirement is to minimize user conflicts and interactions with non-target species. The proposed action limits the area in which the gear is allowed to the Chesapeake Bay and its tidal tributaries, excluding the mainstem of the Bay below the Bay Bridge, including the Pocomoke and Tangier sounds. Lastly, the proposed action creates a free permit that a commercial licensee must obtain prior to using this gear. The permit is available to any licensee whose gear type would allow for the use of this gear, which includes the Unlimited Finfish Harvester and Unlimited Tidal Fish License licenses. In conjunction with the permit requirement will be a reporting requirement. The Department will use the data collected under this permit to track the use, amount of effort, catch, and bycatch with this gear in order to ensure that the regulations that have been established are minimizing bycatch and not causing any undue harm to species which cannot legally be caught with this gear such as striped bass or any threatened or endangered species.

Senate Bill 1054, Chapter Law 708 of the 2016 Laws of Maryland provides the Department authority to regulate the commercial use of bowfishing gear. The proposed action includes rules for the commercial use of archery equipment in the new commercial fishing gear regulation. These rules largely mirror the current recreational rules, which are in place for public safety. These rules include the requirement that projectiles have retrieval lines attached to them and a safety zone for the gear. These rules also include a list of species that may not be harvested with archery equipment that largely mirrors the recreational rules in tidal waters, but reflects only those species that would otherwise be commercially harvestable.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action has an indeterminable economic impact. By allowing the commercial use of finfish trotlines, commercial harvesters will have access to an efficient, economical gear to target catfish in waters where gill nets are not allowed during certain parts of the year.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

Commercial Licensees — Finfish Trotlines

(+)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

D. The proposed action will have an indeterminable positive impact on commercial licensees. By allowing the commercial use of finfish trotlines, commercial licensees will have access to an efficient, economical gear that can be used in areas where gill nets may be otherwise prohibited. The Department anticipates this gear will mainly be used to target catfish species. Market price for catfish has generally ranged between $0.50/pound and $1.00/pound. Year-to-date just over one million pounds of catfish have been landed with an average dockside value of $0.68/pound. There are currently 2,454 commercial licensees who would be able to use this gear. The number of commercial licensees who actually take advantage of this gear will determine the ultimate economic impact of allowing finfish trotlines. It is not known how many licensees will utilize this new gear type. Furthermore, based on the enabling legislation, the Department is only authorized to allow this gear through June 30, 2019. The economic impact will only last through that time unless the Legislature takes further action.

Economic Impact on Small Businesses

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

The proposed action will have a meaningful, although indeterminable, positive impact on commercial licensees. Commercial licensees are small businesses. By allowing the commercial use of finfish trotlines, commercial licensees will have access to an efficient, economical gear that can be used in areas where gill nets may be otherwise prohibited. The Department anticipates this gear will mainly be used to target catfish species. Market price for catfish has generally ranged between $0.50/pound and $1.00/pound. Year-to-date just over one million pounds of catfish have been landed with an average dockside value of $0.68/pound. There are currently 2,454 commercial licensees who would be able to use this gear. The number of commercial licensees who actually take advantage of this gear will determine the ultimate economic impact of allowing finfish trotlines. It is not known how many licensees will utilize this new gear type. Furthermore, based on the enabling legislation, the Department is only authorized to allow this gear through June 30, 2019. The economic impact will only last through that time unless the Legislature takes further action.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Fishing Gear Regulations, Regulatory Staff, Department of Natural Resources — Fishing and Boating Services B-2, 580 Taylor Avenue, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

.01 Gear Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Archery equipment” means a vertical bow or a crossbow.

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

[(2) “Bow” means bow and arrow or crossbow.]

(3)—(7) (text unchanged)

(8) “Finfish trotline” means a length of rope or line, buoyed at both ends with one or more anchors, which is baited with hooks set at intervals for the purpose of catching finfish.

[(8)] (9)[(42)] (43) (text unchanged)

.02 Recreational Gear — Nontidal Waters.

A.—C. (text unchanged)

[D. Nonactive Line Fishing Gear.

(1) Individuals catching fish in nontidal waters may only use the following nonactive line fishing gear:

(a) Bank pole; and

(b) Bush-bob.

(2) Nonactive line fishing gear shall be marked with the individual’s:

(a) Name and address; or

(b) DNRid number.

(3) Bush-bobs and bank poles may only be used in accordance with Natural Resources Article, §4-617, Annotated Code of Maryland.]

[E.] D. Nets.

(1)—(5) (text unchanged)

[(6)Dip nets in nontidal waters:

(a) May not be used to fish for any trout species, walleye, striped bass, striped bass hybrid, northern pike, largemouth bass, smallmouth bass, muskellunge, or muskellunge hybrids including tiger musky; and

(b) Shall be used in accordance with Natural Resources Article, §4-617, Annotated Code of Maryland.]

(6) Dip nets may be used in nontidal waters only to catch carp, catfish, Northern snakehead, and suckers from areas of the Potomac River, Monocacy River, and Conococheague Creek that lie within Allegany, Carroll, Frederick, and Washington counties.

(7) (text unchanged)

[F.] E. Projectile Gear.

(1) Individuals catching fish in nontidal waters may only use the following projectile gear:

(a) [Bow] Archery equipment;

(b)—(d) (text unchanged)

(2) [Projectile] Except for a gig, projectile gear shall have a retrieval line attached to it.

(3) A gig may only be propelled by hand.

[(3)] (4)[(5)] (6) (text unchanged)

[(6)] (7) Additional Restrictions.

(a) Except as provided in [§F(6)(b)] §E(7)(b) of this regulation, a person may not shoot projectile gear within 100 yards of any:

(i)—(v) (text unchanged)

(b) The distance restriction in [§F(6)(a)] §E(7)(a) of this regulation does not apply:

(i) To the use of gigs; or

(ii) [if] If the person using the projectile gear receives permission from all affected parties within that area prior to engaging in fishing activities.

[G.] F. (text unchanged)

.03 Recreational Gear — Tidal Waters.

A.—E. (text unchanged)

F. Projectile Gear.

(1) Individuals catching fish in tidal waters may only use the following projectile gear:

(a) [Bow] Archery equipment;

(b) Gig;

[(b)] (c)[(c)] (d) (text unchanged)

(2) [Projectile] Except for a gig, projectile gear shall have a retrieval line attached to it.

(3) A gig may only be propelled by hand.

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

[(4)] (5) Additional Restrictions.

(a) Except as provided in [§F(4)(b)] §F(5)(b) of this regulation, a person may not shoot projectile gear within 100 yards of any:

(i)—(v) (text unchanged)

(b) The distance restriction in [§F(4)(a)] §F(5)(a) of this regulation does not apply:

(i) To the use of gigs; or

(ii) [if] If the person using the projectile gear receives permission from all affected parties within that area prior to engaging in fishing activities.

G. (text unchanged)

.04 Commercial Gear.

A. Archery Equipment.

(1) Archery equipment shall have a retrieval line attached to any projectile.

(2) An individual may use archery equipment to take any fish during an open commercial season except for the following species:

(a) All shark species;

(b) American lobster;

(c) Muskellunge;

(d) Muskellunge hybrids, including tiger musky;

(e) Northern pike;

(f) Snapping turtles;

(g) Striped bass;

(h) Striped bass hybrids;

(i) Walleye; and

(j) Any species listed as threatened or endangered under COMAR 08.03.08.

(3) Additional Restrictions.

(a) Except as provided in §A(3)(b) of this regulation, a person may not shoot archery equipment within 100 yards of any:

(i) Human being;

(ii) Private or public swimming area;

(iii) International diving flag;

(iv) Occupied duck blind; or

(v) Vessel other than the vessel occupied by the individual using archery equipment.

(b) The distance restriction in §A(3)(a) of this regulation does not apply if the person using the archery equipment receives permission from all affected parties within that area prior to engaging in fishing activities.

B. Finfish Trotlines.

(1) An individual may not set or fish a finfish trotline within 100 feet of another individual’s set trotline.

(2) The length of a finfish trotline is measured along the baited portion of the line.

(3) A finfish trotline:

(a) May not exceed 1,200 feet in length;

(b) May not be baited with live bait; and

(c) shall only be rigged with circle hooks with a minimum size of 5/0.

(4) Float Requirements.

(a) A finfish trotline shall have a float of the same color, size, and shape attached to each end.

(b) Floats that have a round or spherical shape shall be at least 12 inches in diameter.

(c) Floats that do not have a round or spherical shape shall be at least 12 inches long and 10 inches wide.

(d) Floats shall be marked with the owner’s commercial license number.

(5) Depth Requirements.

(a) During the period from June 16 through the end of February, a finfish trotline shall be set:

(i) At least 10 feet below the surface of the water, in waters that are at least 10 feet deep at mean low tide; or

(ii) On the bottom of the water body in which they are set, in waters that are less than 10 feet deep at mean low tide.

(b) During the period from March 1 through June 15, finfish trotlines shall be set on the bottom of the water body in which they are set.

(6) Area Restrictions. A finfish trotline:

(a) Shall only be set in the Chesapeake Bay and its tidal tributaries; and

(b) May not be set in the Chesapeake Bay south of the William Preston Lane, Jr. Memorial Bay Bridge, including Pocomoke Sound and Tangier Sound.

(7) An individual shall be appropriately licensed to catch finfish under Natural Resources Article, §4-701, Annotated Code of Maryland and permitted in accordance with this regulation in order to use a finfish trotline.

(8) Finfish Trotline Permit.

(a) A finfish trotline permit may only be issued to a licensee who has met all reporting requirements as required by Natural Resources Article, §4-206, Annotated Code of Maryland and this regulation.

(b) An individual may be issued only one finfish trotline permit.

(c) An individual shall have their finfish trotline permit in their possession while using a finfish trotline.

(d) A finfish trotline permit may not be transferred.

(e) Reporting and Penalties.

(i) In addition to the requirements of Natural Resources Article, §4-206, Annotated Code of Maryland, a finfish trotline permittee shall report in the manner specified by the Department.

(ii) In addition to any other penalty established in COMAR 08.02.13, failure to comply with this regulation may result in the suspension of the current permit or the denial of a subsequent permit.

(iii) Prior to suspending a permit under this regulation or denying an application for a permit, the Department shall give the licensee notice of its intended action and an opportunity to appear at a hearing conducted in accordance with the contested case procedures set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

(9) The provisions of this section shall be effective through June 30, 2019.

MARK J. BELTON
Secretary of Natural Resources

 

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION

09.03.06 Mortgage Lenders

Authority: Business Regulation Article, §2-105; Financial Institutions Article, §§2-105.1, 11-503, 11-503.1, 11-505, 11-506(a), 11-506(c)(1), 11-507,
11-508(g), 11-511, 11-511.1, 11-513(a) and 11-515(c); Real Property Article, §3-104.1; Annotated Code of Maryland

Notice of Proposed Action

[17-058-P]

The Commissioner of Financial Regulation proposes to amend existing Regulation .02, .20, and .21, adopt new Regulations .03 and .23—.27, amend and recodify existing Regulations .03—.07, .09, .11, .15, .17, and .18 to be Regulations .04—.08, .10, .12, .16, .18, and .19, respectively, and recodify existing Regulations .08, .10, .12—.14, .16, and .23 to be Regulations .09, .11, .13—.15, .17, and .22, respectively, under COMAR 09.03.06 Mortgage Lenders.

Statement of Purpose

The purpose of this action is to clarify the Commissioner’s requirements related to the delivery and receipt of mortgage disclosures; clarify the scope or requirements of specific regulations to prevent inconsistent interpretations or applications of those regulations; specify the process for obtaining approval of a trade name; change record-keeping requirements to align with the statutorily mandated examination cycle; add provisions relating to electronic records, provision of records to the Commissioner and loss of records; allow licensees to substitute compliance with certain federal laws and regulations for compliance with certain Maryland laws and regulations; make corrections to outdated or invalid terminology, references, and typographical errors; provide clarity to licensees regarding the Commissioner’s requirements related to supervision of mortgage loan originators; establish date protection standards; clarify when a licensee is required to make certain reports to the Commissioner; and generally add requirements relating to mortgage servicing transfers.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action is expected to have a positive economic impact on licensees. The changes will bring clarity to licensees regarding certain obligations, and certain changes will make it easier to do business in Maryland. The new regulations are expected to impose a very minimal burden for licensees and are tailored to the size and complexity of the licensee’s business operations.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

Indeterminable

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

D. By providing clarity to and simplifying the regulatory process, the proposed action should reduce compliance costs for licensees.

F(1). The new requirements related to record keeping, supervision of mortgage loan originators, data protection, and mortgage servicing transfers should help improve the Commissioner’s supervision of licensees and thereby benefit the public.

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 Jedd Bellman, Assistant Commissioner for Enforcement and Compliance, Office of the Commissioner of Financial Regulation, 500 North Calvert Street, Room 402, Baltimore, Maryland, 21202, or call 410-230-6390, or email to jedd.bellman@maryland.gov, or fax to 410-333-0475. Comments will be accepted through March 6, 2017. A public hearing has not been scheduled.

 

Note: Appendix A.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(2) “Annual percentage rate (APR)[, under §B(13) of this regulation,] has the meaning stated in 12 CFR Part [226] 1026, as may be amended from time to time.

(3) (text unchanged)

(4) “Average prime offer rate” [means an annual percentage rate that is derived from average interest rates, points, and other loan pricing terms currently offered to consumers by a representative sample of creditors for mortgage transactions that have low-risk pricing characteristics. The Board of Governors of the Federal Reserve publishes average prime offer rates for a broad range of types of transactions in a table updated at least weekly as well as the methodology the Board uses to derive these rates] has the meaning stated in 12 CFR Part 1026, as may be amended from time to time.

(5) (text unchanged)

(6) “Breach of the security of a system” has the meaning stated in Commercial Law Article, §14-3501, Annotated Code of Maryland.

[(6)] (7) Broker.

(a) (text unchanged)

(b) For purposes of all Maryland laws and regulations applicable to mortgage lenders, a person is acting as a broker if:

(i) The person [procures a mortgage loan or arranges] aids or [otherwise] assists a borrower in obtaining a mortgage loan for a fee or other valuable consideration; and

(ii) The creditor identified in the loan documents is a different [entity than that] person than the person described in §B(7)(b)(i) of this regulation.

(c) There is no broker in a transaction solely because the lender contracts with a third party for processing or underwriting services if:

(i) The [entity] person contracting to perform the [underwriting or] processing or underwriting did not generate the loan application; and

(ii) The loan is closed in the name of the lender which did generate the loan application.

[(7)] (8)[(8)] (9) (text unchanged)

(10) “Customer information” has the meaning stated in 16 CFR Part 314, as may be amended from time to time.

[(9)] (11) [Dwelling.

(a)] “Dwelling” has the meaning stated in Financial Institutions Article, §11-501, Annotated Code of Maryland.

(12) “Electronic record” has the meaning stated in Commercial Law Article, §21-101(h), Annotated Code of Maryland.

[(10)] (13)[(11)] (14) (text unchanged)

[(12)] (15) “Fully indexed rate” [means the index rate, as defined in the mortgage loan documents, prevailing at the time the mortgage loan is approved by the lender, plus the margin that will apply after the expiration of an introductory interest rate] has the meaning stated in 12 CFR Part 1026, as may be amended from time to time.

[(13)] (16) [Higher-Priced Mortgage Loan.

(a)] “Higher-priced mortgage loan” has the meaning stated in 12 CFR Part 1026, as may be amended from time to time [means a mortgage loan for which the annual percentage rate exceeds the average prime offer rate for a comparable transaction as of the date the interest rate is set by:

(i) 1.5 or more percentage points for loans secured by a first lien on residential real estate; or

(ii) 3.5 or more percentage points for loans secured by a subordinate lien on residential real estate.

(b) Notwithstanding §B(13)(a) of this regulation, the calculation set forth therein for determining whether a loan is a higher-priced mortgage loan shall adjust as may be necessary to be consistent with the final rule codified at 12 CFR §226.35, as it may be amended from time to time.

(c) “Higher-priced mortgage loan” does not include a:

(i) Transaction to finance the initial construction of a dwelling on residential real estate;

(ii) Temporary loan with a term of 12 months or less, such as a loan to purchase residential real estate where the borrower plans to sell current residential real estate within 12 months;

(iii) Reverse mortgage transaction subject to 12 CFR §226.33; or

(iv) Home equity line of credit subject to 12 CFR §226.5b].

(17) “Information security program” has the meaning stated in 16 CFR Part 314, as may be amended from time to time.

[(14)] (18) [Initial Application.

(a)] “Initial application” means the submission of a borrower’s financial information in anticipation of a credit decision relating to a mortgage loan, which shall include the borrower’s name, the borrower’s monthly income, the borrower’s social security number to obtain a credit report, the property address, an estimate of the value of the property, and the mortgage loan amount sought [when:

(i) An applicant requests that a mortgage loan be made or obtained on the applicant’s behalf; and

(ii) The person to whom the request was made agrees to begin processing the loan application.

(b) A person may require an applicant to complete a written application before agreeing to begin processing the loan, if that requirement is explained to the applicant].

[(15)] (19)[(19)] (23) (text unchanged)

(24) Loan Modification.

(a) “Loan modification” means a change to a mortgage loan that alters the loan amount or one or more of the credit terms of the mortgage loan.

(b) “Loan modification” includes, but is not limited to, one or more of the following:

(i) A reduction in interest rate;

(ii) A conversion from a variable interest rate to a fixed interest rate;

(iii) An extension of term length; and

(iv) A reduction in principal.

(25) “Loss mitigation option” has the meaning stated in 12 CFR Part 1024, as may be amended from time to time.

(26) “Maryland loan” means a mortgage loan.

(27) “Master servicer” has the meaning stated in 12 CFR Part 1024, as may be amended from time to time.

[(20)] (28) [(22)] (30) (text unchanged)

(31) “Mortgage servicer” includes a person that engages in one or more of the following actions for the benefit of other persons in connection with mortgage loans:

(a) Collects or receives one or more of the following types of payments directly from borrowers for distribution to the owner of the mortgage loan or another third party, including a master servicer:

(i) Principal;

(ii) Interest;

(iii) Tax;

(iv) Insurance; or

(v) Any other payment due under a loan agreement or security instrument;

(b) Evaluates borrower eligibility for loss mitigation options;

(c) Communicates to borrowers regarding loss mitigation options;

(d) Is responsible for taking actions to protect a secured party’s interest in the property under the applicable security instrument, including:

(i) Maintenance of hazard and mortgage insurance coverage; and

(ii) Preservation of the property; or

(e) Conducts or supervises the foreclosure process, except if the person is an attorney acting as a substitute trustee in a foreclosure action under a deed of trust.

(32) “Mortgage servicing right” means the right to perform one or more of the actions listed in §B(31)(a)—(e) of this regulation in connection with one or more mortgage loans.

[(23)] (33) Nationwide Mortgage Licensing System and Registry “NMLSR” has the meaning stated in Financial Institutions Article, §11-501, Annotated Code of Maryland [means the Nationwide Mortgage Licensing System and Registry established by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators].

[(24)] (34) [(26)] (36) (text unchanged)

(37) “Service provider” has the meaning stated in 16 CFR Part 314, as may be amended from time to time.

(38) Social Media.

(a) “Social media” means an Internet website or application software that:

(i) Requires a person to register or create an account to become a member; and

(ii) Allows two or more members to communicate directly with one another.

(b) “Social media” includes, but is not limited to, an Internet website or application software that allows members to communicate by means of one or more of the following:

(i) Text;

(ii) Video;

(iii) Still photograph; or

(iv) Audio.

(c) “Social media” does not include an electronic mail account.

(39) “Subservicer” has the meaning stated in 12 CFR Part 1024, as may be amended from time to time.

(40) “Trade name” means any word or group of words used to identify a business to the public.

(41) “Transfer date” means the date on which the transfer of the servicing or subservicing responsibility to the transferee servicer or subservicer occurs.

(42) Transfer of Servicing Rights.

(a) “Transfer of servicing rights” means the transfer or sale of mortgage servicing rights.

(b) “Transfer of servicing rights” includes a transfer of mortgage servicing rights from a master servicer to a subservicer pursuant to an agreement, if one of the parties is a mortgage servicer licensed by the Commissioner.

(c) “Transfer of servicing rights” does not include a transfer of mortgage servicing rights that occurs before the first payment is due under the applicable note or security instrument.

(43) “Transferee servicer” means a mortgage servicer licensed by the Commissioner that obtains the right to service a loan under either a subservicing agreement or an agreement for the sale of mortgage servicing rights.

(44) “Transferor servicer” means a mortgage servicer licensed by the Commissioner that transfers the right to service a loan under either a subservicing agreement or an agreement for the sale of mortgage servicing rights.

[(27)] (45) (text unchanged)

.03 Delivery and Receipt of Mortgage Disclosures

A. This regulation explains how the Commissioner will exercise supervisory authority granted to the Commissioner under Financial Institutions Article, §11-501 et seq., Annotated Code of Maryland.

B. A licensee shall be deemed to have complied with a requirement under Commercial Law Article, Title 12, Subtitles 1, 3, 4, 8, 9, or 10 to provide a written disclosure or agreement within a specified time period after the date the loan application is completed if the mortgage disclosure is provided to an applicant in person, or placed in the mail, before the end of the time period specified in the applicable statute.

C. Electronic Disclosures.

(1) Mortgage disclosures required by Commercial Law Article, Title 12, Subtitles 1, 3, 4, 8, 9, 10, 12, or 13 may be provided to an applicant in electronic form, subject to compliance with the consumer consent and other applicable provisions of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. §7001 et seq.) and the Maryland Uniform Electronic Transactions Act (Commercial Law Article, Title 21, Annotated Code of Maryland).

(2) For the purpose described in §A of this regulation, unless otherwise agreed between the licensee and an applicant, the time of sending and receipt of a mortgage disclosure sent as an electronic record shall be governed by Commercial Law Article, §21-114, Annotated Code of Maryland.

[.03] .04 Licensing and Application Requirements.

A. Scope.

(1) — (4) (text unchanged)

(5) For purposes of Financial Institutions Article, §11-506(b)(4), Annotated Code of Maryland, a “principal officer” includes:

(a) An individual who owns, directly or indirectly, 10% or more of the business;

(b) Any individual who serves on the board of directors of the business;

(c) An elected or appointed senior officer of the business; or

(d) Any individual regardless of title who has the power to direct the management or policies of the mortgage lending business.

B. — E. (text unchanged)

F. Loan Processing Under Expired License. If a [licensee] person who had a license is operating without a license because of a failure to timely renew, or an unauthorized change in location, [the licensee] that person may continue to process and close loans if the application for the loan was taken at the time the person was licensed and [which were applied for] before the deadline for renewal or the unauthorized change of location.

G. Posting License.

(1) A licensee shall post its license for each licensed location[, on the premises in a conspicuous location accessible to the public].

(2) A licensee shall post the license:

(a) On the premises of the licensed location;

(b) In a manner that is accessible to the public; and

(c) In a conspicuous location within the licensed location.

(3) A licensee is not required to post its license if the licensee does not grant access to the licensed location to members of the general public.

H. Complaint Resolution.

(1) A licensee shall designate [an officer, director, or member of senior management] a person as being responsible for, and authorized to make, decisions regarding the resolution of complaints received from the Commissioner.

(2) (text unchanged)

(3) The person designated under §H(1) of this regulation shall have:

(a) The necessary skills and knowledge of the mortgage industry to be able to adequately respond to consumer complaints; and

(b) Authority to resolve the complaint, or shall report directly to an individual with such authority.

(4) If, after the Commissioner grants a license to the licensee, the name of the person designated under §H(1) of this regulation changes, the licensee shall notify the Commissioner in writing within 10 business days of the change.

I. Designation of Mortgage-Related Activity.

(1) (text unchanged)

(2) Notification.

(a) A licensee shall notify the Commissioner in writing through the NMLSR if, after the issuance or the renewal of its license, it begins conducting a new activity that the licensee did not designate under §I(1) of this regulation.

(b) The licensee shall deliver the notification through the NMLSR to the Commissioner within 10 business days after beginning the new activity.

J. (text unchanged)

K. [Incomplete] Applications.

(1) The Commissioner shall approve or deny an application for an initial license, a renewal license, or a license amendment within 60 days after the Commissioner receives a completed application, including, if applicable, a surety bond and all required fees.

(2) If the Commissioner notifies an applicant that an application for an initial license, a renewal license, or a license amendment is incomplete, the Commissioner shall itemize the steps that the applicant must take to complete the application.

(3) The application for an initial license, a renewal license, or a license amendment shall not be approved until after the applicant completes all steps identified in the Commissioner’s notice.

(4) If an application for an initial license, a renewal license, or a license amendment is incomplete when submitted and remains incomplete [for at least 60 days], the Commissioner may cease processing and deem the incomplete application withdrawn [and return it to the applicant], provided that the Commissioner has previously notified the applicant of the basis for incompleteness in accordance with §K(2) of this regulation, and given the applicant not less than 15 days to correct the incompleteness.

L. Trade Names.

(1) Prior to a licensee’s use of a trade name to engage in mortgage lending business in Maryland, the licensee shall:

(a) Register the trade name with the Maryland Department of Assessments and Taxation; and

(b) Obtain the approval of the Commissioner for the use of the trade name.

(2) A licensee shall obtain the approval of the Commissioner for the use of a trade name by:

(a) Designating on an original license application, license renewal application, and through the NMLSR, any trade name under which the licensee will engage in mortgage lending business in Maryland; and

(b) Specifying on an original license application, license renewal application, and through the NMLSR, which licensed locations will utilize the trade name.

(3) At all times subsequent to obtaining the approval of the Commissioner for the use of the trade name, a licensee shall maintain registration of the trade name in accordance with the requirements of Corporations and Associations Article, §1-406, Annotated Code of Maryland, and accompanying regulations.

(4) A licensee shall immediately notify the Commissioner if the licensee amends, cancels, or otherwise fails to renew the registration of a trade name which the Commissioner has approved previously.

[.04] .05 Records.

A. Preservation of Records.

(1) A licensee shall preserve the records of a mortgage loan transaction in one or more of the following ways:

(a) — (c) (text unchanged)

(2) A licensee’s use of electronic or microphotographic preservation of records, or storage of books and records at a location other than the licensee’s place of business, shall be considered approved by the Commissioner if the licensee:

(a) Completes an attestation in the format prescribed by the Commissioner; and

(b) Uploads an electronic copy of the attestation to the NMLSR system in accordance with directions provided by the Commissioner.

(3) A licensee who stores records in the form of electronic copies shall:

(a) Store the records in a format which shall allow the Commissioner to read the records using common, readily available software;

(b) Maintain electronic copies of the original documents that are:

(i) Complete;

(ii) Accurate;

(iii) Unaltered; and

(iv) Unabridged;

(c) Ensure that, when printed, the records will be legible; and

(d) Protect the records from:

(i) Deletion;

(ii) Damage to, or failure of, electronic storage media; and

(iii) Unauthorized access, use, modification or disclosure.

(4) A licensee who stores records at a location other than its licensed address shall:

(a) Ensure that all records are:

(i) Complete;

(ii) Accurate;

(iii) Unaltered; and

(iv) Unabridged;

(b) Protect the records from:

(i) Deletion;

(ii) Damage to, or failure of, electronic storage media; and

(iii) Unauthorized access, use, modification or disclosure; and

(c) Immediately notify the Commissioner when the licensee:

(i) Knows of any actual or potential loss of records required to be kept by this regulation; or

(ii) Reasonably should know of any actual or potential loss of records required to be kept by this regulation.

[(2)] (5) Time Period.

(a) A lender shall retain records for [25] 37 months after a loan is denied, repayment of the loan is made in full, or the loan is sold, whichever occurs first.

(b) A servicer shall retain records for [25] 37 months after final payment is made or the [loan is sold] right to service the loan under either a servicing or subservicing agreement is terminated or transferred, whichever occurs first.

(c) If a licensee acts as a broker in a loan transaction, records of the transaction shall be retained for [25] 37 months after the loan is made or denied.

[(3)] (6) [(4)] (7) (text unchanged)

B. Content of Records.

(1) For each mortgage loan made or serviced by a licensee, a file shall be maintained which contains, at a minimum, the following:

(a) — (g) (text unchanged)

(h) An accurate [payment] history, since the date of loan closing, of the application of all:

(i) Payments;

(ii) Charges; and

(iii) Credits;

(i) — (k) (text unchanged)

(l) All required [truth-in-lending] State and federal disclosure documents;

(m) — (p) (text unchanged)

(q) Optional insurance:

(i) (text unchanged)

(ii) This paragraph does not apply to hazard insurance on the property securing the loan; [and]

(r) Records of any foreclosure action begun by the licensee by filing an order to docket or a complaint to foreclose including, if applicable:

(i) The name and mortgage originator license number of the mortgage originator that originated the loan if that information is contained in the security instrument underlying the foreclosure or is otherwise known to the licensee; [and]

(ii) The name and mortgage lender license number of the mortgage lender that originated the loan[.]; and

(iii) Copies of all documents provided to the borrower or filed with a court in conjunction with the foreclosure action;

(s) Copies of all documents filed by or on behalf of the licensee in a bankruptcy proceeding involving the mortgage loan;

(t) If the licensee is a mortgage servicer:

(i) Copies of all written correspondence between the licensee or its vendors and the borrower;

(ii) Written records of verbal communications between the mortgage servicer or its vendors and the borrower; and

(iii) Copies of any audio recordings of communication with the borrower; and

(u) Other documents necessary to prove compliance with any State or federal statute or regulation applicable to the mortgage loan.

(2) Notwithstanding §B(1) of this regulation, a licensee acting as a broker in connection with a particular transaction:

(a) — (b) (text unchanged)

(c) Shall retain a record of the lender to whom the loan was brokered; [and]

(d) Shall retain a record of the amount of any finder’s fee received;

(e) Shall retain a record of any compensation as required by federal law; and

[(d)] (f) (text unchanged)

[(3) A licensee acting as a servicer shall compile and submit to the Commissioner, on or before the 25th day of each month, a report on the form required by the Commissioner that contains the following information for the preceding month:

(a) The number of mortgage loans the licensee is servicing;

(b) The number of mortgage loans that the licensee is servicing that are in payment default and a breakdown of these mortgage loans by length of payment delinquency, including 30-day, 60-day, and 90-day and longer delinquencies;

(c) Information on loss mitigation activities undertaken including, but not limited to, the following:

(i) The number of workout arrangements entered into by the licensee in connection with mortgage loans;

(ii) A description of the types of workout arrangements, including mortgage loan modifications, and the percentage of each type of workout arrangement entered into;

(iii) The proactive steps taken by the licensee to identify borrowers at a heightened risk of default, such as those with impending interest rate resets, including, but not limited to, contacts with borrowers to assess their ability to repay their mortgage loan obligations;

(d) The number of foreclosure actions commenced in this State in connection with mortgage loans the licensee is servicing;

(e) Information regarding adjustable rate mortgage loans; and

(f) Any other information that the Commissioner may consider necessary, including geographic information regarding applicable mortgage loans.

(4) The Commissioner may:

(a) Publish for public review the report required under §B(3) of this regulation, or any information contained in the report, except personally identifying information regarding borrowers;

(b) Require that the information contained in the report be for a period other than the preceding month; and

(c) Require that the report be provided to the Commissioner on a date later than the 25th day of each month or terminate the reporting requirement for such length of time as the Commissioner may consider appropriate.]

(3) A licensee shall maintain all records which demonstrate that the licensee meets the general qualifications for a license as described in Financial Institutions Article, §11-506, Annotated Code of Maryland.

[(5)] (4) (text unchanged)

C. Provision of Records to the Commissioner.

(1) A licensee who keeps books and records at its place of business shall, at the request of the Commissioner, immediately make those books and records available to the Commissioner at the licensee’s place of business.

(2) A licensee who keeps books and records at a location other than its place of business shall, within 5 business days of a request by the Commissioner, make those books and records available to the Commissioner at the licensee’s place of business.

(3) If the Commissioner makes a written request that the licensee deliver records to the Commissioner, the licensee shall ensure that the Commissioner receives the requested records:

(a) Within 10 business days from the date of the request; or

(b) By a date agreed to by the Commissioner.

(4) When delivered to the Commissioner, records shall be:

(a) In an electronic format agreed to by the Commissioner; or

(b) In paper form, if the licensee does not maintain its records in an electronic format.

(5) The licensee shall organize the records requested by the Commissioner in the manner specified by the Commissioner.

D. Loss of Records. A licensee shall immediately notify the Commissioner when the licensee:

(1) Knows of any actual or potential loss of records required to be kept by this regulation; or

(2) Reasonably should know of any actual or potential loss of records required to be kept by this regulation.

[.05] .06 Advertising and Solicitation.

A. (text unchanged)

B. Licensee Name and Address.

(1) A [person] licensee may not advertise under any name or address other than a name or address which:

(a) [appears] Appears on its license; or

(b) Has been approved by the Commissioner pursuant to Regulation .04L of this chapter and is listed as a trade name on the licensee’s NMLSR record.

(2) (text unchanged)

(3) Notwithstanding §B(1) of this regulation, a licensee may use an email address or website address that is different from the name or address that appears on the licensee’s license, provided that the content of any email correspondence, or of the website itself, uses only a name which appears on the licensee’s license or has been approved by the Commissioner pursuant to Regulation .04L of this chapter and is listed as a trade name on the licensee’s NMLSR record.

(4) A licensee must disclose the licensee’s NMLSR unique identifier in every advertisement.

(5) Notwithstanding §B(4) of this regulation, a licensee who utilizes social media for advertising purposes need not disclose the licensee’s NMLSR unique identifier in each statement published through a social media platform, provided that the NMLSR unique identifier is displayed prominently on the licensee’s profile page within the social media platform.

[(3)] (6) (text unchanged)

(7) A licensee is responsible for any advertisement disseminated by an employee of the licensee if such advertisement relates to activities performed by the licensee or by the employee in the employee’s capacity as an employee of the licensee.

[.06] .07 Financing Agreements.

A. — B. (text unchanged)

C. A financing agreement need not be provided under Commercial Law Article, §§12-125, 12-922, or 12-1022, Annotated Code of Maryland, if within 10 business days after initial application the:

(1) (text unchanged)

(2) Applicant receives a written commitment [that the loan will be made, which contains all material terms of the loan].

D. Beginning October 3, 2015, a licensee that provides disclosures that comply with 12 CFR Parts 1024 and 1026, as applicable and as amended from time to time, shall be deemed compliant with the requirement to:

(1) Provide a financing agreement if the licensee also completes and signs, on a form substantially similar to Appendix A of this chapter, an attestation that the terms provided in those disclosures are accurate and provides the signed attestation to the applicant within 10 business days of initial application; and

(2) Provide a commitment if the licensee also completes and signs, on a form substantially similar to Appendix A of this chapter, an attestation that the terms provided in those disclosures are accurate and not subject to change, and provides the signed attestation to the applicant at least 72 hours prior to loan settlement, or at settlement if the borrower waives the 72-hour advance presentation requirement.

[.07] .08 Agreements with the Borrower.

A. Written Agreements.

(1) Agreements between a borrower and a licensee shall be:

(a) (text unchanged)

(b) Provided promptly to the borrower following execution by all parties.

(2) (text unchanged)

B. Agreements in Blank.

(1) (text unchanged)

(2) The prohibitions of §B(1) of this regulation do not apply to blanks for the signatures of a:

(a) (text unchanged)

(b) Witness who is not a borrower, guarantor, or obligor on the loan; or

(c) Person required to sign a certification or affidavit required by law for recordation.

C. Undisclosed Fees.

(1) — (2) (text unchanged)

(3) Compliance with applicable disclosures under the federal Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and corresponding regulations and applicable disclosures under the federal Truth in Lending Act (15 U.S.C. §1601 et seq.) and corresponding regulations shall be deemed compliance with §C(1) and (2) of this regulation.

(4) (text unchanged)

D. (text unchanged)

[.09] .10 Fees.

A. (text unchanged)

B. Timing of Collection.

(1) If a financing agreement is required under Commercial Law Article, §§12-125, 12-922, or 12-1022, Annotated Code of Maryland, and these regulations, a licensee may not collect any fee from the applicant before providing the financing agreement.

(2) (text unchanged)

C. — D. (text unchanged)

[.11] .12 Brokers.

A. — C. (text unchanged)

D. Cure of Unintentional Violation.

(1) This section applies only to a licensee [which] that engages in both brokering and lending in the regular course of its business.

(2) (text unchanged)

[.15] .16 Bonds, Letters of Credit, and Trust Accounts.

A. — B. (text unchanged)

C. Restitution awarded and to be paid from a bond, letter of credit, or trust account shall be paid as follows:

(1) (text unchanged)

(2) Awards resulting from an examination or investigation by the Commissioner which will exceed the total available under the bond, letter of credit, or trust account, shall be paid on a pro rata basis;

(3) (text unchanged)

D. (text unchanged)

[E. Claims against a bond, letter of credit, or trust account:

(1) Shall be filed by the claimant if against a:

(a) Surety bond, directly with the surety,

(b) Letter of credit or trust account, with the Commissioner;

(2) Shall be filed in accordance with §E(1) of this regulation within 1 year after the occurrence from which the claim arises;

(3) May not include:

(a) Attorneys’ fees,

(b) Damages for personal injury, or

(c) Punitive damages.]

[F.] E. (text unchanged)

F. Nothing in this regulation shall preclude the Commissioner from filing a claim against a bond, letter of credit, or trust account to obtain restitution for a consumer.

[.17] .18 Continuing Education.

A. Purpose and Applicability.

(1) (text unchanged)

(2) [Subject to Financial Institutions Article, §11-511.1, Annotated Code of Maryland, the] The continuing education requirement does not apply to the original application for a license.

B. (text unchanged)

C. Requirements.

(1) Except as provided in §A(2) [and (3)] of this regulation, in order to renew a license, each covered employee of a licensee shall successfully complete in the licensing period immediately preceding the current renewal period at least 8 hours of continuing education in approved courses.

(2) The required 8 hours of continuing education shall be the same as the continuing education requirements for mortgage loan originators set forth in Financial Institutions Article, §11-612, Annotated Code of Maryland, and COMAR 09.03.09.03, and include at least the following subjects in the number of hours indicated:

(a) Federal law and regulations relating to mortgage origination—3 hours;

(b) (text unchanged)

(c) Lending standards and loan terms for the nontraditional mortgage product market—2 hours; and

(d) [Maryland mortgage-related laws] Maryland law and regulations relating to mortgage lending and origination—1 hour.

(3) (text unchanged)

D. Reporting, Verification, and Record Keeping.

(1) [Except as provided in §A(2) of this regulation, a] A licensee, when applying for a license renewal, shall:

(a) Provide to the Commissioner any information or certification as the Commissioner may require as proof of satisfactory completion of each covered employee’s education requirements; and

(b) (text unchanged)

(2) The Commissioner may [verify] require verification, on a random or other basis, of satisfactory completion of the requirements of this regulation.

(3) (text unchanged)

E. — G. (text unchanged)

[.18] .19 Special Rules for Covered Loans.

A. Purpose and Scope.

(1) (text unchanged)

(2) This regulation applies to [all covered loans made under the provisions of Commercial Law Article, Title 12, Subtitle 1, 3, 4, or 10, Annotated Code of Maryland] loans subject to Commercial Law Article, §§12-127, 12-311, 12-409.1, and 12-1029, Annotated Code of Maryland.

[B. Definitions. In this regulation, the following terms have the meanings indicated:

(1) “Consumer report” has the meaning stated in Commercial Law Article, §14-1201, Annotated Code of Maryland.

(2) “Consumer reporting agency” has the meaning stated in Commercial Law Article, §14-1201, Annotated Code of Maryland.

(3) “Covered loan” means a mortgage loan made under Commercial Law Article, Title 12, Subtitle 1, 3, 4, or 10, Annotated Code of Maryland, that meets the criteria for a loan subject to the Federal Home Ownership Equity Protection Act set forth in 15 U.S.C. §1602(AA), as modified from time to time by Regulation Z, 12 CFR 226, except that the comparison percentages for the mortgage loan shall be 1 percentage point less than those specified in 15 U.S.C. §1602(AA), as modified from time to time by Regulation Z, 12 CFR 226.

(4) “Credit grantor” has the meaning stated in Commercial Law Article, §12-1001, Annotated Code of Maryland.

(5) Lender.

(a) “Lender” has the meanings stated in Commercial Law Article, §§12-101, 12-301, or 12-401, Annotated Code of Maryland, as the context may require.

(b) “Lender” includes a credit grantor under Commercial Law Article, Title 12, Subtitle 10, Annotated Code of Maryland.

(6) “Loan application” has the meaning stated in Commercial Law Article, §12-125(a), Annotated Code of Maryland.

(7) “Mortgage loan” has the meaning stated in Financial Institutions Article, §11-501, Annotated Code of Maryland.

C. Requirements.

(1) For purposes of Commercial Law Article, §§12-124.1(c), 12-311(e), 12-409.1(c), and 12-1029(c), Annotated Code of Maryland:

(a) A loan application is completed at the time of initial application; and

(b) In the case of loan applications received by a lender by mail, telephone, or other electronic means the requirement that the lender shall provide a written recommendation that the borrower seek home buyer education or housing counseling and a list of approved agencies and organizations is satisfied, if they are mailed or otherwise provided to the borrower at the time of the initial application or within 3 business days after completion of the initial application.

(2) Under Commercial Law Article, §§12-127(b), 12-311(d), 12-409.1(b), and 12-1029(b), Annotated Code of Maryland:

(a) If the residential real estate securing the covered loan of a borrower is not located in a metropolitan statistical area, the borrower’s monthly gross income shall be compared to the nonmetropolitan median family income for the county in which the property is located, as reported in the most recent estimates made available by the United States Department of Housing and Urban Development as of the date of initial application for a covered loan;

(b) A borrower’s total scheduled monthly payment obligations are the amounts required to be paid to satisfy the borrower’s legally enforceable minimum monthly financial obligations as of the date of initial application for a covered loan;

(c) A borrower’s total scheduled monthly payment obligations include secured and nonsecured debt, alimony, child support, and other similar legally enforceable financial obligations payable in two or more installments;

(d) A borrower’s total scheduled monthly payment obligations do not include any debts that are consolidated with, or paid off by, a covered loan;

(e) A lender’s consideration of a borrower’s scheduled monthly payment obligations may be limited to information provided directly by the borrower and verified by a consumer report from a consumer reporting agency, unless information provided by the borrower or the consumer reporting agency reasonably leads to further investigation by the lender; and

(f) A lender shall retain information used to determine a borrower’s ability to repay for at least 25 months after final payment is made or the covered loan is sold, whichever occurs first.]

B. Subject to §C of this regulation, a lender shall give due regard to the borrower’s ability to repay the mortgage loan utilizing the following standards:

(1) If the residential real estate securing the loan of a borrower is not located in a metropolitan statistical area, the borrower’s monthly gross income shall be compared to the nonmetropolitan median family income for the county in which the property is located, as reported in the most recent estimates made available by the United States Department of Housing and Urban Development as of the date of initial application for a loan;

(2) A borrower’s total scheduled monthly payment obligations are the amounts required to be paid to satisfy the borrower’s legally enforceable minimum monthly financial obligations as of the date of initial application for a loan;

(3) A borrower’s total scheduled monthly payment obligations include secured and nonsecured debt, alimony, child support, and other similar legally enforceable financial obligations payable in two or more installments;

(4) A borrower’s total scheduled monthly payment obligations do not include any debts that are consolidated with, or paid off by, a mortgage loan; and

(5) A lender’s consideration of a borrower’s scheduled monthly payment obligations may be limited to information provided directly by the borrower and verified by a consumer report from a consumer reporting agency, unless information provided by the borrower or the consumer reporting agency reasonably leads to further investigation by the lender.

C. Compliance with applicable provisions in 12 CFR Part 1026, as may be amended from time to time, may be substituted for the obligations required by, and shall be sufficient to meet the requirements of, §B of this regulation.

D. A lender shall retain information used to determine a borrower’s ability to repay for at least 37 months after final payment is made or the loan is sold, whichever occurs first.

.20 Duty of Care.

A. (text unchanged)

B. Method to Determine Net Tangible Benefit.

(1) (text unchanged)

(2) A licensee is considered to have conducted a reasonable inquiry of whether a refinance of a mortgage loan provides a net tangible benefit to a borrower if the mortgage lender has the borrower complete and sign a net tangible benefit worksheet on the form prescribed by the Commissioner, or a form that is substantially similar to the form prescribed by the Commissioner.

.21 Nontraditional and Higher-Priced Mortgage Loans.

A. — B. (text unchanged)

C. Risk Management Policies, Procedures, and Control Systems.

(1) (text unchanged)

(2) Policies and Procedures.

(a) — (c) (text unchanged)

(d) A licensee acting as a lender shall establish written [polices] policies and procedures to implement the requirements set forth in this subsection.

(3) (text unchanged)

.23 Supervision of Mortgage Loan Originators.

A. A licensee who is the employer of a mortgage loan originator shall at all times reasonably and adequately supervise those activities of the mortgage loan originator which are conducted within the scope of the mortgage loan originator’s employment.

B. The Commissioner may consider the following factors, or additional factors, to determine whether supervision by the licensee is reasonable and adequate:

(1) The availability of:

(a) Experienced supervisory personnel to review and discuss:

(i) Mortgage loan terms;

(ii) Disclosure requirements; and

(iii) Advertising; and

(b) Regularly updated policies and procedures that provide adequate guidance to mortgage loan originators in the following areas:

(i) Licensing and education requirements;

(ii) State and federal mortgage lending laws and regulations, including any new requirements or changes to existing requirements;

(iii) The preparation, execution, and review of disclosures, agreements, and other documents; and

(iv) Advertising; and

(2) Evidence of:

(a) Review of disclosures, agreements, and other documents prepared or executed by mortgage loan originators;

(b) Compliance with the policies and procedures specified in §B(1)(b) of this regulation; and

(c) Dissemination of the policies and procedures specified in §B(1)(b) of this regulation.

C. If it is shown that the licensee has not provided reasonable and adequate supervision in the areas specified under §B of this regulation, the burden of proof shall be on the licensee to show that the supervision which was provided was reasonable and adequate.

.24 Data Protection.

A. A licensee shall develop, implement, and maintain a comprehensive information security program that is commensurate with the licensee’s size and complexity, the nature and scope of the licensee’s activities, and the sensitivity of any customer information at issue.

B. A licensee’s information security program shall be designed to achieve the following objectives:

(1) Ensuring the security and confidentiality of customer information;

(2) Protecting against any anticipated threats or hazards to the security or integrity of such information; and

(3) Protecting against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any customer.

C. Governance Over Information Technology.

(1) A licensee shall have an established governance process in place to control and monitor information security.

(2) The governance process shall include, as appropriate for the size and complexity of the licensee and its information technology systems:

(a) The establishment, with approval by the board of directors, ownership, or other most senior level of management, of policies and procedures related to information technology; and

(b) A management structure that encompasses:

(i) The assignment of responsibilities and authorities for ensuring adherence to information technology policies and procedures;

(ii) Documented accountability functions to ensure compliance with information technology policies and procedures; and

(iii) Reporting to the board of directors, ownership, or other most senior level of management, no less than annually, regarding the effectiveness of the information technology policies and procedures.

D. Information Technology Security Risk Assessment.

(1) A licensee shall complete an information technology security risk assessment on a periodic basis, but not less than once every 3 years.

(2) A licensee’s security risk assessment shall include:

(a) Identification of the data and information systems that need to be protected;

(b) Classification and ranking of sensitive data, systems, and applications; and

(c) Identification and assessment of threats and vulnerabilities.

E. Information Technology Security Testing and Monitoring.

(1) A licensee shall perform periodic testing and monitoring of information technology security controls as appropriate for the size and complexity of the licensee’s information technology systems.

(2) A licensee’s periodic testing and monitoring of information technology security controls shall include:

(a) Evaluation of the effectiveness of existing internal controls;

(b) Corrective action to address any significant deficiencies identified during the course of licensee’s evaluation of the effectiveness of existing internal controls;

(c) Monitoring of external sources for new vulnerabilities; and

(d) Development and implementation of additional control frameworks for any new or changed threats or risks identified by the licensee.

F. Third Party Provider Oversight. A licensee shall oversee third party service providers, by:

(1) Taking reasonable steps to select and retain service providers that are capable of maintaining appropriate safeguards for the customer information at issue; and

(2) Requiring service providers by contract to implement and maintain such safeguards.

G. Reporting Obligations.

(1) A licensee shall provide to the Commissioner through the NMLSR an annual certification as to the performance and results of the periodic testing required by §E(1) of this regulation.

(2) A licensee shall provide notice of a breach of the security of a system to the Commissioner prior to giving the notice required by Commercial Law Article, §14-3504(b), Annotated Code of Maryland.

H. A licensee that adequately demonstrates compliance with the federal Interagency Guidelines Establishing Information Security Standards, 12 CFR Part 30, Appendix B, as may be amended from time to time, shall be deemed to be in compliance with §§A—C of this regulation.

.25 Significant Event Reporting.

A. A licensee shall comply with the duty to report at COMAR 09.03.10.02.

B. A licensee shall notify the Commissioner in writing, and, if applicable, amend the licensee’s information and disclosures in the NMLSR, within 2 business days of the occurrence of any of the following events:

(1) Insolvency, filing for bankruptcy or reorganization of the licensee, the placement into receivership by any court, or initiation of any form of attachment of any of the licensee’s assets;

(2) Receiving notification of any initiation, settlement agreement or other form of consensual resolution, or entry of judgment in any administrative, civil, or criminal action against the licensee by any government entity;

(3) Expiration, termination or default, technical or otherwise, of any existing line of credit or warehouse credit agreement;

(4) Suspension or termination of the licensee’s status as an approved seller or seller/servicer by the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Government National Mortgage Association, or a direct endorsement mortgagee by the Federal Housing Administration;

(5) Any change to net worth resulting from market valuation or future loss liability or any other change which causes the net worth of the licensee to fall below the requirements of Financial Institutions Article, §11-508.1, Annotated Code of Maryland;

(6) Cancellation or modification by the licensee, or termination by a surety, of the licensee’s surety bond required by Financial Institutions Article, §11-508, Annotated Code of Maryland; and

(7) Becoming aware of systemic violations of any provision of Financial Institutions Article, Title 11, Subtitle 5, Annotated Code of Maryland, any regulation adopted thereunder, or any other law regulating mortgage loan lending in the State.

C. The notice required by §B(2) of this regulation shall include, as applicable, a copy of the complaint, settlement agreement or judgment that is the subject of the notice.

.26 Notice of Mortgage Servicing Transfers.

A. General Information Regarding Transfers of Servicing Rights.

(1) For each transfer of servicing rights involving 7,500 or more loans, a transferee servicer shall provide the Commissioner with the following information at least 30 days before the transfer date, regardless of whether the transfer of servicing rights includes Maryland loans:

(a) Whether the transfer agreement is a subservicing agreement or an agreement for the sale of mortgage servicing rights;

(b) The names of all parties to the agreement;

(c) The total number of loans that will be transferred;

(d) The total unpaid principal balance for the loans that will be transferred;

(e) The total number of additional staff that has been or will be hired in order to service the transferred loans; and

(f) Whether the pool of transferred loans includes Maryland loans.

(2) Waiver of 30 Day Requirement.

(a) A transferee servicer may submit a written request to the Commissioner for a waiver from the 30 day requirement in §A(1) of this regulation.

(b) After receipt of a written request, the Commissioner may grant a waiver from the 30 day requirement in §A(1) of this regulation if extenuating circumstances exist, such as where a court or regulator required the transfer.

B. Information Regarding Maryland Loans.

(1) For each transfer of servicing rights subject to §A of this regulation that includes one or more Maryland loans, a transferee servicer shall provide the following information, accurate as of the date of submission to the Commissioner, at least 30 days before the transfer date:

(a) The total number of Maryland loans in the pool of transferred loans;

(b) A breakdown of the Maryland loans by investor type;

(c) The number of Maryland loans that are delinquent, broken out by 30+, 90+, and 360+ days delinquent;

 (d) The number of Maryland loans with a permanent loan modification;

 (e) The number of Maryland loans for which the borrower has completed a trial loan modification and the transferor servicer has not supplied an executed copy of a permanent loan modification to the borrower;

 (f) The number of Maryland loans with a loan modification that is in a trial period;

 (g) The number of Maryland loans where the borrower has submitted a complete loss mitigation application and the transferor servicer has not made a decision regarding eligibility for a loss mitigation option;

 (h) The number of Maryland loans that have incomplete loss mitigation applications; and

 (i) The number of Maryland loans that include an escrow for taxes, insurance, ground rent, or other charges or levies.

(2) Waiver of 30 Day Requirement.

(a) A transferee servicer may submit a written request to the Commissioner for a waiver from the 30 day requirement in §B(1) of this regulation.

(b) After receipt of a written request, the Commissioner may grant a waiver from the 30 day requirement in §B(1) of this regulation if extenuating circumstances exist, such as where a court or regulator required the transfer.

C. For a transfer of servicing rights subject to §B of this regulation, a transferee servicer shall designate an individual as the contact person authorized to discuss, negotiate, and make decisions for the resolution of complaints related to the servicing of Maryland loans that are in the pool of transferred loans.

D. Subsequent to a licensee’s submission of the information required by §§B and C of this regulation in compliance with the applicable time frame, the Commissioner may request not less than 5 days before the transfer date, and a transferee servicer shall provide, additional information before the transfer date, including, but not limited to:

(1) The names and loan numbers of Maryland borrowers whose loans are included in one or more of §B(1)(a)—(i) of this regulation; and

(2) An informational plan describing how the transferee servicer will manage risks related to the transfer.

E. Calendar Year Information Regarding Mortgage Servicing Transfers.

(1) If, at the conclusion of a calendar year, a transferee servicer has acquired mortgage servicing rights, including subservicing rights, for 15,000 or more loans, a transferee servicer shall provide the information required by §§B and C of this regulation to reflect all transfers of servicing rights during the preceding calendar year, even if no single transfer of servicing rights was for 7,500 or more loans.

(2) Subsequent to receipt of the information required by §E(1) of this regulation, the Commissioner may request, and a transferee servicer shall provide, additional information, including, but not limited to, the names and loan numbers of Maryland borrowers whose loans are included in one or more of §B(1)(a)—(i) of this regulation.

F. The Commissioner may allow the submission of information and documents required under this regulation by an electronic method, including the NMLSR.

.27 Obligations Related to Mortgage Servicing Transfers.

A. Policies and Procedures.

(1) If a licensee is involved in a transfer of mortgage servicing rights as either a transferor or a transferee servicer, the licensee shall have policies and procedures in place to ensure compliance with applicable state and federal law regarding mortgage servicing, including, but not limited to, evaluation of borrowers for loss mitigation options.

(2) Examples of appropriate policies and procedures include:

(a) Requiring counterparties to provide all necessary documents and information, including all information needed to validate the debt and process payments, before the transfer date;

(b) Flagging all loans with pending offers of loss mitigation options or approved loss mitigation options;

(c) Ensuring that discussions with borrowers and any loss mitigation requests, applications, or documentation are provided to the transferee servicer;

(d) Testing transferor servicer and transferee servicer systems of record to ensure compatibility of transferred data;

(e) Identifying and promptly addressing data errors, missing information or documents, and other loan level issues;

(f) Creating a customer service plan for responding to inquiries from borrowers and for identifying whether a loan is subject to a pending loss mitigation application, offer of a loss mitigation option, or approved loss mitigation agreement;

(g) Creating a customer service plan for responding to and processing loss mitigation requests or inquiries from successors in interest of borrowers; and

(h) Remediating actual harm to borrowers that results from a transfer of servicing rights.

B. Obligations of Transferor Servicers.

(1) On or before the transfer date, a transferor servicer shall take all of the following actions:

(a) Provide all necessary loan level documents and information, including a complete history of loan payments, charges, and credits and of any loss mitigation activity, to the transferee servicer;

(b) Provide an itemization of all payments applied to the account, including any fees incurred by the borrower;

(c) Flag for the transferee servicer all loans with any of the following:

(i) A pending loss mitigation application;

(ii) An approved loss mitigation option;

(iii) A pending written complaint; or

(iv) A pending notice of error;

(d) Provide descriptions to the transferee servicer of loss mitigation options that are unique to the transferor servicer and that are applicable to one or more of the transferred loans, including the criteria for determining eligibility;

(e) Describe specific regulatory requirements that are applicable to some or all of the transferred loans; and

(f) Describe specific requirements related to the terms of a settlement agreement that are applicable to some or all of the transferred loans.

(2) A transferor servicer shall forward all borrower payments received after the transfer date to the transferee servicer.

(3) Subject to Financial Institutions Article, §11-518, Annotated Code of Maryland, if a transferor servicer’s failure to promptly comply with §B(1)—(2) of this regulation causes demonstrable financial loss to the borrower or harm to the borrower’s credit score, the transferor servicer shall promptly take affirmative action to correct the violation including, but not limited to:

(a) Providing restitution of money or property to the affected borrower; and

(b) Taking steps to repair the borrower’s credit score.

C. Obligations of Transferee Servicers.

(1) On or after the transfer date, a transferee servicer shall comply with all of the following requirements:

(a) Accept and continue processing pending loss mitigation applications within the time frames that were applicable to the transferor servicer under relevant state and federal law;

(b) Honor trial and permanent loan modification agreements entered into by the transferor servicer;

(c) Provide general information about the transfer process to borrowers, including notice of a borrower’s complaint resolution rights under applicable state and federal law;

(d) Confirm the amount and status of scheduled payments, including any fees incurred before the transfer date, with information and documents provided by the transferor servicer from its system of record; and

(e) Respond, within the time frames established by applicable state and federal law, to any pending written complaint or pending notice of error sent to the transferor servicer.     

(2) A transferee servicer may not take any of the following actions on or after the transfer date:

(a) Attempt to obtain from the borrower any missing information or documents that were previously submitted by the borrower to the transferor servicer, without first contacting the transferor servicer to attempt to obtain the missing information or documents; or

(b) Engage in any of the following activities before complying with §C(1)(d) of this regulation:

(i) Charge a late fee or any other fee in connection with the servicing of the loan;

(ii) Begin or continue collection activities; or

(iii) Provide information about delinquency to a credit reporting agency.

(3) Subject to Financial Institutions Article, §11-518, Annotated Code of Maryland, if a transferee servicer’s failure to comply with §C(1)—(2) of this regulation causes demonstrable financial loss to the borrower or harm to the borrower’s credit score, the transferor servicer shall promptly take affirmative action to correct the violation including, but not limited to:

(a) Providing restitution of money or property to the affected borrower; and

(b) Taking steps to repair the borrower’s credit score.

GORDON M. COOLEY
Commissioner of Financial Regulation

 

Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION

09.03.09 Mortgage Loan Originators

Authority: Business Regulation Article, §2-105; Financial Institutions Article, §§2-105.1, 11-602, 11-603.1, 11-605, 11-606, 11-609, 11-612, 11-612.1, and 11-613(b); Annotated Code of Maryland

Notice of Proposed Action

[17-045-P]

The Commissioner of Financial Regulation proposes to amend Regulations .01—.05, repeal existing Regulation .06, recodify existing Regulation .07 to be Regulation .06, and adopt new Regulations .07—.09.

Statement of Purpose

The purpose of this action is to conform certain terminology and defined terms to parallel certain federal laws and regulations; clarify the prelicensing and continuing education requirements to parallel the federal requirements; clarify the application approval or denial process for obtaining a mortgage loan originator license; permit licensees to conduct mortgage lending business at certain limited locations different from the address appearing on the license; permit loan origination under an expired license in a limited situation where a consumer’s mortgage loan status may be jeopardized due to a change in a mortgage loan originator’s job status; prohibit the use of false, misleading or deceptive statements in advertising and/or solicitations; clarify the information required to be published with advertisements and/or solicitations; clarify the scope or requirements of specific regulations to prevent inconsistent interpretations or applications of those regulations; make corrections to and eliminate outdated or invalid provisions, terminology, references, and typographical errors.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action is expected to have a positive economic impact on licensees. The changes will bring clarity to licensees regarding certain obligations. The new regulations are expected to impose a very minimal burden for licensees and will make it easier to do business in Maryland.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

D. By providing clarity to and simplifying the regulatory process, the proposed action should reduce compliance costs for licensees.

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 Jedd Bellman, Assistant Commissioner, Office of the Commissioner of Financial Regulation, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6390, or email to jedd.bellman@maryland.gov, or fax to 410-333-0475. Comments will be accepted through March 6, 2017. A public hearing has not been scheduled.

.01 Scope.

This chapter governs the conduct of any individual employed as a mortgage loan originator with respect to residential real [property] estate located in this State.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(2) “Average prime offer rate” [means an annual percentage rate that is derived from average interest rates, points, and other loan pricing terms currently offered to consumers by a representative sample of creditors for mortgage transactions that have low-risk pricing characteristics. The Board of Governors of the Federal Reserve publishes average prime offer rates for a broad range of types of transactions in a table updated at least weekly as well as the methodology the Board uses to derive these rates] has the meaning stated in 12 CFR Part 1026, as may be amended from time to time.

(3) — (5) (text unchanged)

(6) [Higher-Priced Mortgage Loan.

(a)] “Higher-priced mortgage loan” has the meaning stated in 12 CFR Part 1026 as may be amended from time to time. [means a mortgage loan for which the annual percentage rate exceeds the average prime offer rate for a comparable transaction as of the date the interest rate is set by:

(i) 1.5 or more percentage points for loans secured by a first lien on residential real property; or

(ii) 3.5 or more percentage points for loans secured by a subordinate lien on residential real property.

(b) Notwithstanding §B(6)(a) of this regulation, the calculation set forth therein for determining whether a loan is a higher-priced mortgage loan shall adjust as may be necessary to be consistent with the final rule codified at 12 CFR §226.35, as it may be amended from time to time.

(c) “Higher-priced mortgage loan” does not include a:

(i) Transaction to finance the initial construction of a dwelling on residential real property;

(ii) Temporary loan with a term of 12 months or less, such as a loan to purchase residential real property where the borrower plans to sell a current residential real property within 12 months;

(iii) Reverse mortgage transaction subject to 12 CFR §226.33; or

(iv) Home equity line of credit subject to 12 CFR §226.5b.]

(7) — (8) (text unchanged)

(9) “Mortgage lending business” has the meaning state in Financial Institutions Article, §11-501, Annotated Code of Maryland.

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

[(11)] (12) “NMLSR” [means the Nationwide Mortgage Licensing System and Registry established by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators] has the meaning stated in Financial Institutions Article, §11-501, Annotated Code of Maryland.

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

.03 Education and Testing Requirements.

A. Prelicensing Education. [Subject to the NMLSR transition procedures under Regulation .06 of this chapter, to] To qualify for a license, a mortgage loan originator shall have:

(1) Successfully completed at least 20 hours of prelicensing education as required by Financial Institutions Article, §11-606, Annotated Code of Maryland, which shall include at least the following subjects in the number of hours indicated:

(a) Federal law and regulations relating to mortgage origination—3 hours;

(b) Ethics, including instruction on fraud, consumer protection, and fair lending issues—3 hours;

(c) Lending standards and loan terms for the nontraditional mortgage [products] product market—2 hours;

(d) Maryland law and regulations relating to [mortgage-related law] mortgage lending and origination—3 hours;

(e) Maryland finder’s fee law as stated in Commercial Law Article, §12-801 et seq., Annotated Code of Maryland—2 hours; and

(f) [Electives] Undefined or elective instruction on mortgage origination—7 hours; and

(2) (text unchanged)

B. Continuing Education. To renew a license, a mortgage loan originator shall have successfully completed in the 12 months immediately preceding the current renewal period at least 8 hours of continuing education in approved courses, as required by Financial Institutions Article, §11-612, Annotated Code of Maryland, which shall include at least the following subjects in the number of hours indicated:

(1) Federal law and regulations relating to mortgage origination—3 hours;

(2) (text unchanged)

(3) Lending standards and loan terms for the nontraditional mortgage product market—2 hours; and

(4) Maryland law and regulations relating to [mortgage-related laws] mortgage lending and origination—1 hour.

C. Reporting, Verification, and Record Keeping.

(1) (text unchanged)

(2) The Commissioner may [verify] require verification, on a random or other basis, of satisfactory completion of the requirements of this regulation.

(3) (text unchanged)

D. (text unchanged)

.04 Duty of Care.

A. (text unchanged)

B. Method to Determine Net Tangible Benefit.

(1) (text unchanged)

(2) A mortgage loan originator is considered to have conducted a reasonable inquiry of whether a refinance of a mortgage loan provides a net tangible benefit to a borrower if the mortgage loan originator has the borrower complete and sign a net tangible benefit worksheet on the form prescribed by the Commissioner for that purpose, or a form that is substantially similar to the form prescribed by the Commissioner.

.05 [Incomplete] Applications.

A. The Commissioner shall approve or deny an application for an initial license, a renewal license, or a license amendment within 60 days after the Commissioner receives a completed application, including a surety bond and all required fees.

B. If the Commissioner notifies an applicant that an application for an initial license, a renewal license, or a license amendment is incomplete, the Commissioner shall itemize the steps which the applicant must take to complete the application.

C. The application for an initial license, a renewal license, or a license amendment may not be approved until after the applicant completes all steps identified in the Commissioner’s notice.

D. If an application for an initial license, a renewal license, or a license amendment is incomplete when submitted and remains incomplete [for at least 60 days], the Commissioner may cease processing and deem the incomplete application withdrawn [and return it to the applicant], provided that the Commissioner has previously notified the applicant of the basis for incompleteness in accordance with §B of this regulation, and gives the applicant not less than 15 days to correct the incompleteness.

.07 Locations.

A. A mortgage loan originator may not conduct mortgage lending business at any location different from the address that appears on the license or licenses of the mortgage loan originator’s employer.

B. Notwithstanding §A of this regulation, a mortgage loan originator may take a loan application or offer or negotiate terms of a mortgage loan at a location other than the address that appears on the license or licenses of the mortgage loan originator’s employer if neither the mortgage loan originator nor the mortgage loan originator’s employer:

(1) Owns or leases the location for the purpose of conducting mortgage lending business;

(2) Indicates or suggests by use of signage that the mortgage loan originator or the mortgage loan originator’s employer utilizes the location for taking mortgage loan applications or offering or negotiating terms of mortgage loans;

(3) Advertises that the mortgage loan originator or the mortgage loan originator’s employer takes mortgage loan applications or offers or negotiates terms of mortgage loans at the location;

(4) Maintains work space, telephone service, or internet service at the location in the name of the mortgage loan originator or the mortgage loan originator’s employer for the purpose of conducting mortgage lending business;

(5) Receives mail relating to the mortgage lending business at the location; or

(6) Stores books or records relating to the mortgage lending business at the location.

.08 Loan Origination Under Expired License.

A. A person may not take or receive a mortgage loan application or offer or negotiate the terms of a mortgage loan without a license.

B. Notwithstanding §A of this regulation, a mortgage loan originator operating under an expired license resulting from a failure to timely renew may offer or negotiate the terms of a mortgage loan if:

(1) The application for the mortgage loan was taken or received before the deadline for renewal of the license; and

(2) The licensee’s employer does not employ any other mortgage loan originator licensed by the Commissioner.

.09 Advertising and Solicitation.

A. A mortgage loan originator may not publish, or cause to be published, any advertisement, or make or cause to be made any representation, that:

(1) Contains any false, misleading, or deceptive statements regarding the making, brokering, or servicing of mortgage loans; or

(2) Misrepresents terms, availability, rates, or charges incident to a mortgage loan.

B. Licensee Name and Address.

(1) A mortgage loan originator may not advertise under any name or address other than the name and address which appear on its license.

(2) Notwithstanding §B(1) of this regulation:

(a) An advertisement need not disclose any address of the advertiser; and

(b) A mortgage loan originator may advertise under any name:

(i) By which the mortgage loan originator is commonly known; and

(ii) Which is shown in the mortgage loan originator’s NMLSR record.

(3) In any advertisement, a mortgage loan originator must disclose:

(a) The name or approved trade name as required by COMAR 09.03.06.04L of the mortgage loan originator’s employer; and

(b) The mortgage loan originator’s NMLSR Unique Identifier.

(4) Notwithstanding §B(3) of this regulation, a mortgage loan originator who utilizes social media for advertising purposes need not disclose the name of the mortgage loan originator’s employer or the NMLSR Unique Identifier of the mortgage loan originator in each statement published through a social media platform, provided that such information is disclosed prominently on the mortgage loan originator’s home page within that social media platform.

GORDON M. COOLEY
Commissioner of Financial Regulation

 

Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION

Notice of Proposed Action

[17-057-P]

The Commissioner of Financial Regulation proposes to amend:

(1) Regulations .01 and .02 under COMAR 09.03.11 Recordation of Security Instruments for Residential Property; and

(2) Regulations .01 and .02 under COMAR 09.03.12 Foreclosure Procedures for Residential Property.

Statement of Purpose

The purpose of this action is to allow secured parties to include the Nationwide Mortgage Licensing System and Registry (NMLSR) unique identifier for the mortgage lender and originator when filing a security instrument. This action further allows a person to include the NMLSR unique identifier for the mortgage lender and originator when sending a notice of intent to foreclose.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action is expected to reduce regulatory burden for mortgage lenders and mortgage servicers by, in part, harmonizing existing regulations with newer requirements under federal law.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

Indeterminable

E. On other industries or trade groups:

(+)

Indeterminable

F. Direct and indirect effects on public:

NONE

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

D(1). The proposed action will reduce regulatory burden by allowing mortgage lender licensees to include one identification number, the Nationwide Mortgage Lending System and Registry unique identifier, instead of the Maryland mortgage lender or originator license number and the NMLSR unique identifier.

E(1). The proposed action will reduce regulatory burden by allowing mortgage lenders to include one identification number, the Nationwide Mortgage Lending System and Registry unique identifier, instead of the Maryland mortgage lender or originator license number and the NMLSR unique identifier.

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 Jedd Bellman, Assistant Commissioner, Office of the Commissioner of Financial Regulation, 500 North Calvert Street, Room 402, Baltimore, Maryland, 21202, or call 410-230-6390, or email to jedd.bellman@maryland.gov, or fax to 410-333-0475. Comments will be accepted through March 6, 2017. A public hearing has not been scheduled.

 

09.03.11 Recordation of Security Instruments for Residential Property

Authority: Real Property Article, §3-104.1, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (3) (text unchanged)

(4) “Nationwide Mortgage Licensing System and Registry (NMLSR)” has the meaning stated in Financial Institutions Article, §11-501, Annotated Code of Maryland.

[(4)] (5) [(6)] (7) (text unchanged)

(8) “Unique identifier” has the meaning stated in Financial Institutions Article, §11-601, Annotated Code of Maryland.

.02 Information in Recorded Security Instrument.

A. Licensee Information or Affidavit in Lieu of Licensee Information.

(1) If a mortgage lender licensee is named in the promissory note or agreement evidencing a mortgage loan on a residential property that is secured by a security instrument to be recorded under Real Property Article, §3-104.1, Annotated Code of Maryland, the following information shall be filed with the security instrument:

(a) (text unchanged)

(b) The Maryland mortgage lender license number of the mortgage lender licensee or the NMLSR unique identifier of the mortgage lender licensee.

(2) If a mortgage loan originator licensee originated the mortgage loan on residential property that is secured by a security instrument to be recorded under Real Property Article, §3-104.1, Annotated Code of Maryland, the following information shall be filed with the security instrument:

(a) (text unchanged)

(b) The Maryland mortgage loan originator license number of the mortgage loan originator licensee or the NMLSR unique identifier of the mortgage loan originator licensee.

(3) — (4) (text unchanged)

B. — C. (text unchanged)

 

09.03.12 Foreclosure Procedures for Residential Property

Authority: Real Property Article, §7-105.1, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (17) (text unchanged)

(18) “Nationwide Mortgage Licensing System and Registry (NMLSR)” has the meaning stated in Financial Institutions Article, §11-501, Annotated Code of Maryland.

[(18)] (19) [(27)] (28) (text unchanged)

(29) “Unique identifier” has the meaning stated in Financial Institutions Article, §11-601, Annotated Code of Maryland.

.02 Notice of Intent to Foreclose.

A. (text unchanged)

B. Owner-Occupied Residential Property.

(1) (text unchanged)

(2) For purposes of the notice set forth in §B(1) of this regulation, the names and license numbers of mortgage lender licensees and mortgage loan originator licensees are required to be included in the notice only if this information is included on or recorded with the security instrument securing the mortgage loan related to the notice, or is otherwise known to the person sending the notice. The person sending the notice set forth in §B(1) of this regulation may satisfy the requirement to include the license number of the mortgage lender licensee and mortgage loan originator licensee by including the NMLSR unique identifier. If the mortgage lender was exempt from licensure under Financial Institutions Article, §11-501 et seq., Annotated Code of Maryland, at the time the mortgage loan was made, then a mortgage lender license number is not required under this section. If the mortgage loan originator was exempt from licensure under Financial Institutions Article, §11-601 et seq., Annotated Code of Maryland, at the time the mortgage loan was originated, then a mortgage lender license number is not required under this section.

(3) — (4) (text unchanged)

C. — G. (text unchanged)

GORDON M. COOLEY
Commissioner of Financial Regulation

 

Subtitle 09 BOARD OF MASTER ELECTRICIANS

09.09.01 Fees and Deadlines

Authority: Authority: Business Occupations and Professions Article, §§6-205, 6-305, 6-306 and 6-306.1, Annotated Code of Maryland

Notice of Proposed Action

[17-044-P]

The State Board of Master Electricians proposes to amend Regulation .01 under COMAR 09.09.01 Fees and Deadlines. This action was considered at a public meeting of the State Board of Master Electricians held on October 25, 2016, notice of which was provided by posting on the Board of Master Electricians’ website pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify that an applicant for an applicable licensing examination or reexamination shall pay the examination- or reexamination-related fees (1) directly to the testing service chosen by the State Board of Master Electricians to develop or administer the examination, and (2) in an amount set by the testing service selected by the State Board of Master Electricians.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Robin Bailey, Executive Director, Department of Labor, Licensing, and Regulation, 500 North Calvert Street, Baltimore, Maryland 21202, or call 410-230-6160, or email to robin.bailey@maryland.gov, or fax to 410-244-0977. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by State Board of Master Electricians during a public meeting to be held on March 28, 2017, at 500 North Calvert Street, Third Floor, Baltimore, Maryland 21202.

.01 Fees.

[The] An applicant for an examination or reexamination shall pay an examination or reexamination fee [for administering the master electrician exam is $65 for the initial examination and $65 for each reexamination.] directly to the testing service chosen by the Board to develop or administer the examination, as such fees are established by the testing service selected by the Board.

JACK N. WILSON, JR.
Chairman
State Board of Master Electricians

 

Subtitle 10 RACING COMMISSION

09.10.01 Thoroughbred Rules

Authority: Business Regulation Article, § 11-210, Annotated Code of Maryland

Notice of Proposed Action

[17-027-P]

The Maryland Racing Commission proposes to amend Regulations .07, .12, .17, .22, .23, .29, .36, and .58 and repeal existing Regulations .04, .37, and .54 under COMAR 09.10.01 Thoroughbred Rules. This action was considered at a public meeting on October 18, 2016, notice of which was provided in 43:20 Md. R. 1152 (September 30, 2016).

Statement of Purpose

The purpose of this action is to repeal certain language in certain regulations that has not been used since their original date of adoption; amend certain regulations to clarify existing practices; and remove obsolete language, that had a purpose at one time before pari-mutuel wagering became more evolved and modern technology has made pari-mutuel wagering available on virtually all platforms.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 J. Michael Hopkins, Executive Director, Maryland Racing Commission, 300 East Towsontown Boulevard, Towson, Md. 21286, or call 410-296-9682, or email to mike.hopkins@maryland.gov, or fax to 410-296-9687. Comments will be accepted through March 17, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Maryland Racing Commission during a public meeting to be held on March 21, 2017 at 12:30 p.m., at Laurel Park, Laurel, Maryland.

.04 [Stalls.] Reserved.

[A. At least 30 days before the commencement of a race meeting, the track licensee shall:

(1) Submit to the Commission for approval the eligibility criteria established by the track for stall allocation;

(2) Make a stall application form available to all licensed trainers; and

(3) Specify the closing date by which a stall application must be received in order to be considered for that race meeting.

B. A track licensee shall notify a licensed trainer in writing of the granting or denial of all or any part of the request for stall space within 10 calendar days of the application date.

C. A licensed trainer who has been denied stall space may appeal that denial to the Commission within 7 calendar days of receipt of the notice.

D. The Commission shall hold a hearing on the appeal to determine whether the track licensee has acted in accordance with the applicable eligibility criteria.

E. A track licensee or a licensed trainer aggrieved by the decision of the Commission may appeal that decision in accordance with the provisions of State Government Article, §10-222, Annotated Code of Maryland.]

.07 Claiming.

A. (text unchanged)

A-1. In claiming races a horse is not subject to claim if:

(1) (text unchanged)

(2) The last start of the horse was a claiming race;

[(2)] (3) The horse is entered for a claiming price [at least equal to the claiming price for which the horse last started] not less than the claiming price of its last start;

[(3)] (4)[(4)] (5) (text unchanged)

B.—C. (text unchanged)

D. A valid claim shall:

(1)—(7) (text unchanged)

(8) Be deposited in [the time] a lock box of the claims clerk at least 10 minutes before the post time for the race in which the claimed horse is to participate; and

(9) (text unchanged)

E.—R. (text unchanged)

.12 Dead Heats.

[A. When a race results in a dead heat, the dead heat may not be run off.]

[B.] A.[E.] D. (text unchanged)

.17 Entries, Declarations and Scratches.

A.—B. (text unchanged)

C. Entries and declarations shall be made in [writing] a manner designated by the racing secretary and signed by the owner of the horse, by his authorized agent, or by some person deputized by him. [Each association shall provide blank forms on which entries and declarations are to be made.]

D. Entries and scratches may be made by [telephone or telegraph] any manner designated by the racing secretary.

E.—L. (text unchanged)

M. [All maiden and claiming races shall have seven betting interests before they are drawn while all other races may have less than seven betting interests. If the racing secretary finds it difficult to make up the day’s racing program, he may as a last resort card maiden or claiming races, or both, with less than seven betting interests.] In all races, except handicaps and races where the conditions expressly state to the contrary, the scale of weights is less by the following: for fillies two years old, 3 pounds; for mares three years old and upwards, 5 pounds before September 1 and 3 pounds thereafter when running against colts, geldings or horses.

N.—O. (text unchanged)

P. [The list of entries for overnight races shall be closed at the advertised time.] An entry may not be admitted after [that time] the racing secretary has declared them closed, except that, in case of an emergency, the racing secretary, with the consent of a steward, may [grant an extension of time] re-open the entries.

Q.—R. (text unchanged)

[S. In the absence of conditions or notice to the contrary, entries to overnight races shall be considered closed not later than 10:30 a.m. on the day designated for entries to close. The stewards may permit entries to close later than 10:30 a.m. on the day of closing.]

[T.] S.—[Z.] Y. (text unchanged)

AA. (text unchanged)

BB. Each horse is entitled to 5 feet of the width of the track. [If the starters exceed the width of allowance for the whole number, owners may be required to decide by lot on the horses that are to run; provided, however, that in stake races the horses may be arranged in lines behind a barrier approved by the steward.]

CC. —YY. (text unchanged)

.22 Jockey Agents.

A.—C. (text unchanged)

D. [If any jockey agent gives up the making of engagements for any rider, he immediately shall notify the stewards, the Commission, and the clerk of the scales. The agent also shall turn over to the stewards a list of any unfilled engagements he may have made for that rider.

E.] Conflicting claims for the services of a jockey shall be decided by the stewards and first call shall have priority.

[F. All jockey agents shall have in their possession at all times engagement books approved by the stewards, and all engagements made for jockeys by agents shall be recorded in these books. Books are subject to examination by the stewards at all times.

G.] E. No person other than an owner, trainer, jockey agent, or authorized agent of an owner in good standing shall make engagements for an apprentice jockey or jockey. However, a jockey not represented by an agent may make his own engagements.

[H. A jockey agent may not give to anyone, directly or indirectly, any information or advice, or engage in the practice commonly known as “touting”, for the purpose of influencing any person, or tending so to do, in the making of a wager on the result of any race.

I.] F. Jockey agents shall explain rival claims for any mount or for any rider. Inability to satisfy the stewards that the rival claims arose through bona fide error shall create a presumption of fraud, and constitute cause for an agent’s license to be revoked.

[J.] G.[K.] H. (text unchanged)

.23 Apprentice Jockey.

A.—A-1. (text unchanged)

B. [Contracts and Certificates.

(1) A contract entered into between an apprentice jockey, or an individual aspiring to become an apprentice jockey, and an owner or trainer shall:

(a) Provide for instruction in horsemanship to an individual in exchange for services by the individual in relation to racing;

(b) Have a term of not less than 3 years or more than 5 years;

(c) If made for a term of less than 5 years, be subject to a written extension which, when added to the initial term, would total not more than 5 years;

(d) Be subject to approval by the stewards; and

(e) Be filed with the Commission:

(i) Before the individual rides in a race,

(ii) Within 30 days of the contract’s execution, or

(iii) Upon the individual filing an application for a license, whichever comes first.

(2) If the individual is younger than 18 years old, written parental consent to the contract is required.

(3) A contract may not be approved by the stewards unless the contract provides to the apprentice:

(a) Fair remuneration;

(b) Adequate medical attention;

(c) Suitable board and lodging;

(d) Workers’ compensation insurance coverage; and

(e) A provision for saving a portion of the individual’s earnings.

(4) After at least 1 year’s service with a racing stable, the apprentice jockey may apply to the stewards for an apprentice certificate to be used instead of the traditional apprentice contract for record-keeping purposes.

(5) The original apprentice jockey contract shall be kept in full force and effect throughout its contract period unless terminated earlier with the mutual consent of the contracting parties.

(6) An individual under contract may ride, or agree to ride, a horse in a race for someone other than the individual’s contract holder only:

(a) With the consent of the contract holder; and

(b) If the contract holder is not the trainer or owner, in whole or in part, of another horse in that race.

(7) An amendment to the original apprentice contract shall be sent to the Commission where the original contract is filed.

(8) The holder of an apprentice contract shall be subject to investigation as to:

(a) Character;

(b) Ability; and

(c) Financial responsibility.

(9) An owner or trainer may not be allowed to enter into a contract in Maryland with an apprentice jockey or an individual aspiring to become an apprentice jockey unless the owner or trainer is in control or possession of such a stable of horses as would, in the opinion of the stewards, warrant the employment of an apprentice.

C.] Fees. An apprentice jockey shall be entitled to the regular jockey fees, except when riding a horse owned in part or solely by the contract holder.

[D.] C. (text unchanged)

.29 Paddock to Post.

A.— N. (text unchanged)

O. A [bell may be rung to indicate the time to saddle and a] bugle [shall] may be sounded to indicate the time to go to the post.

.36 Racing Officials.

A. (text unchanged)

B. [The racing secretary, or a designee of the secretary, shall be clerk of the course.]

[C.] B.—[F.] E. (text unchanged)

.37 [Clerk of the Course.] Reserved.

[The clerk of the course shall:

A. Discharge all duties required by these rules, and he shall report regulations;

B. Report to the stewards all violations of the regulations;

C. Keep complete records of all races;

D. Receive stakes, entrance monies, and fees, including jockeys’ fees;

E. Accept, on behalf of the association, entries to races and transfers of engagements; and

F. Within 15 days from the close of the meeting:

(1) Pay to the persons entitled to it, all the money collected by the clerk of the course; and

(2) Notify the association of the charges, if any, then remaining unpaid, which shall become the responsibility of the association.]

.54 [Scale of Weights.] Reserved.

[A.] (table proposed for repeal)

[B. In races of intermediate distances the weights for the shorter distance are carried.

C. In thoroughbred races exclusively for 3-year-olds or 4-year-olds the weight is 126 pounds, and in races exclusively for 2-year-olds, it is 122 pounds. In nonthoroughbred races exclusively for 3-year-olds or 4-year-olds the weight is 122 pounds.

D. In all races except handicaps and races where the conditions expressly state to the contrary, the scale of weights is less by the following: for fillies two years old, 3 pounds; for mares three years old and upwards, 5 pounds before September 1 and 3 pounds thereafter.

E. Welterweights are 28 pounds, added to the weight for age.

F. In all overnight races except handicaps, not more than 6 pounds may be deducted from the scale of weights for age, except for allowances; the total allowances of any type may not reduce the lowest weight below 101 pounds excepting two-year-olds or three-year-olds when racing with older horses.

G. In all handicaps which close more than 72 hours before the race, except claiming handicaps, the top weight shall be determined by the handicapper.

H. In all overnight handicaps and in all claiming handicaps, the top weight may not be less than 122 pounds.

I. In all overnight races for two-year-olds, for three-year-olds, or for four-year-olds and upwards, the minimum weight shall be 112 pounds, subject to sex and apprentice allowance. This rule does not apply to handicaps or to races written for three-year-olds and upward.]

.58 Weighing In.

A. After a race has been run, the jockey shall ride promptly to the area designated by the association [and there] to dismount[, after obtaining permission from the stewards,] and report to the clerk of the scales to be weighed in.

B. —I. (text unchanged)

J. MICHAEL HOPKINS
Executive Director
Maryland Racing Commission

 

Subtitle 10 RACING COMMISSION

09.10.04 General

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Proposed Action

[17-055-P]

The Maryland Racing Commission proposes to amend Regulation .08 under COMAR 09.10.04 General. This action was considered at a public meeting held on October 18, 2016, notice of which was provided in Maryland Register, Volume 43, Issue 20, September 30, 2016.

Statement of Purpose

The purpose of this action is to repeal obsolete language regarding a racetrack providing a facility to handle “comeback”‘ money and allowing handbooks and tipsters.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 J. Michael Hopkins, Executive Director, Maryland Racing Commission, 300 East Towsontown Boulevard, Towson, MD 21286, or call 410-296-9682, or email to mike.hopkins@maryland.gov, or fax to 410-296-9687. Comments will be accepted through March 10, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Maryland Racing Commission during a public meeting to be held on March 15, 2017, at Laurel Park, Laurel, Maryland.

.08 Associations.

A. — D. (text unchanged)

E. An association licensed by the Commission to conduct racing may not:

(1) — (3) (text unchanged)

(4) [Provide, or permit facilities to be provided, for the handling of “come-back” money;

(5)] Advance credit for betting purposes; or

[(6) Permit the making of handbooks on the association grounds or fail to take immediate steps to eliminate a handbook if one is found to exist;

(7) Permit tipsters to be employed in any capacity on its grounds or allow such a person to remain on its grounds; or]

[(8)] (5) (text unchanged)

F. (text unchanged)

J. MICHAEL HOPKINS
Executive Director
Maryland Racing Commission

 

Subtitle 11 REAL ESTATE COMMISSION

09.11.01 General Regulations

Authority: Business Occupations and Professions Article, §§17-208, 17-303, 17-306, 17-315, and 17-530, Annotated Code of Maryland

Notice of Proposed Action

[17-032-P]

The Real Estate Commission proposes to repeal existing Regulations .04, .08, .15, and .26, recodify existing Regulations .05, .12, .17, .20, .22—.25, and .27 to be Regulations .04, .10, .14, .17, .19—.22, and .23, and amend and recodify existing Regulations .06, .07, .09, .10, .11, .13, .14, .16, .18, .19, and .21 to be Regulations .05, .06, .07, .08, .09, .11, .12, .13, .15, .16, and .18 under COMAR 09.11.01 General Regulations.

This action was considered at a public meeting held on July 20, 2016, notice of which was given by posting notice on the agency website, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to repeal certain regulations and amend certain regulations which are inconsistent with or duplicative of current statutes; make revisions to clarify the Commission’s policy regarding license applications; repeal certain regulations and amend certain regulations which do not accurately reflect current Commission policy; make corrections to outdated or invalid terminology, references, and typographical errors; clarify the requirements related to pre-license education; and clarify the requirements related to a licensee’s obligation to respond to the Commission’s written inquiries.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Kathie Connelly, Executive Director, Real Estate Commission, 500 North Calvert Street, or call 410-230-6227, or email to kathie.connelly@maryland.gov, or fax to 410-333-0023. Comments will be accepted through March 6, 2017. A public hearing has not been scheduled.

 [.06] .05 Submission of Credit Report.

An applicant for an original real estate broker’s license shall submit a credit report from an approved credit reporting agency. The credit report shall include any [a statement of the applicant’s personal background with respect to lawsuits,] judgments[,] and local, state or federal tax liens [the moral character] of the applicant.

[.07] .06 Records of Transactions.

[Licensees shall maintain adequate records of all real estate transactions engaged in by them as licensed real estate brokers or salesmen.] If a licensee has custody or possession of money belonging to others, in the absence of proper written instructions from the parties involved in the transaction to the contrary, [these funds may not be intermingled with funds belonging to the licensee, but rather] they shall be deposited and retained [as required] in a non-interest-bearing escrow account clearly designated as containing funds held for others. [The records of transactions, including bank accounts or deposits referred to in these regulations, shall be available during usual business hours for inspection by the Commission, its field representatives, or other employees.]

[.09] .07 Establishing an Escrow or Special Account.

A. A real estate broker shall maintain a non-interest-bearing escrow or special account and report the bank’s name and account number to the Commission as soon as trust monies are received. If a licensee establishes another non-interest-bearing or special escrow account, changes [his] the escrow account number, or transfers the account to another bank, [he] the licensee shall notify the Commission in writing within 10 days after the action.

B. The establishment of individual interest-bearing accounts, as provided under Business Occupations and Professions Article, §17-505, Annotated Code of Maryland, [and accounts which earn interest to benefit the Maryland Housing Resource Corporation, as provided under Business Occupations and Professions Article, §17-506,] need not be reported to the Commission as long as records are maintained for each account and available for inspection by Commission personnel during regular business hours.

[.10] .08 Change of Business Location.

When a licensed broker changes [his] business location, [he] the licensed broker shall notify the Commission in writing within 10 days.

[.11] .09 Instruction in Real Estate Principles and Practices for Salespersons.

A. (text unchanged)

B. The minimum 60 clock-hour educational requirement for a salesperson shall embrace the following areas of study:

(1) — (13) (text unchanged)

(14) Property Condition Disclosure and Latent Defects;

(15) (text unchanged)

C. — D. (text unchanged)

E. An individual who demonstrates by evidence satisfactory to the Commission active and regular engagement in real estate practice as a licensed real estate salesperson in a jurisdiction other than Maryland [for at least 3 of the 5 years immediately preceding submission of an application] may be considered to have satisfied the educational requirement for a salesperson set forth in this regulation if the prelicensing education requirements of that jurisdiction are equivalent to or greater than those of Maryland.

F. (text unchanged)

G. Completion of Examination.

[(1) Subject to §G(2) and (3) of this regulation, an] An applicant for a salesperson’s license shall have 1 year from completion of a prelicensing education course to pass both portions of the salesperson licensing examination. An applicant who does not pass both portions of the licensing examination within 1 year of the course completion date must complete a new prelicensing course in order to be eligible to take or retake the examination.

[(2) An applicant who has completed a prelicensing course more than 1 year prior to March 1, 2013, must pass both portions of the salesperson licensing examination no later than August 31, 2013, in order to avoid the need to complete a new prelicensing course.

(3) An applicant who has completed a prelicensing course less than 1 year prior to March 1, 2013, must pass both portions of the salesperson licensing examination within 1 year of the course completion date to avoid the need to complete a new prelicensing course.]

[.13] .11 Place of Business for Real Estate Broker.

The definite place of business required by Business Occupations and Professions Article, §17-507, Annotated Code of Maryland, shall be an office or headquarters where the real estate broker and [his] the real estate broker’s employees regularly transact the business of a real estate broker. The records of the brokerage business, including the records of the escrow account, shall be kept in this office or headquarters. The Real Estate Commission may not consider an answering service, a mechanical message recording device or a mail drop, singly or in combination, to satisfy the requirements of an office under Business Occupations and Professions Article, 17-517, 17-518, and 17-520, Annotated Code of Maryland.

[.14] .12 Instruction in Real Estate Principles and Practice for Brokers.

A. — G. (text unchanged)

H. Licensing Examination.

[(1) Subject to §H(2) and (3) of this regulation, an] An applicant for a broker’s license shall have 1 year from full completion of prelicensing education requirements to pass both portions of the broker licensing examination. An applicant who does not pass both portions of the licensing examination within 1 year of completion of the requirements shall complete a new set of prelicensing education requirements in order to be eligible to take or retake the examination.

[(2) An applicant who has fully completed prelicensing education requirements more than 1 year prior to August 31, 2013, shall pass both portions of the broker’s licensing examination no later than February 28, 2014.

(3) An applicant who has fully completed prelicensing education requirements less than 1 year prior to August 31, 2013, shall pass both portions of the broker’s licensing examination within 1 year of completion of the requirements to avoid the need to complete a new set of prelicensing education requirements.]

I. (text unchanged)

[.16] .13 Form of Licensee’s Reply to Commission’s Written Inquiries.

A licensee shall reply in writing to the Commission within 20 business days of receipt of written inquiries directed to the licensee by the Commission. Failure to reply in this way may be considered by the Commission to be a violation of Business Occupations and Professions Article, [§17-322(a)(25)] §17-322(b)(25), Annotated Code of Maryland, for which revocation or suspension of the license can be imposed.

[.18] .15 Amount of Compensation Recoverable from Real Estate Guaranty Fund.

The amount of compensation recoverable by a claimant from the Real Estate Guaranty Fund, pursuant to Business Occupations and Professions Article, Title 17, Subtitle 4, Real Estate Guaranty Fund, Annotated Code of Maryland, shall be restricted to the actual monetary loss incurred by the claimant, but may not include monetary losses other than the monetary loss from the originating transaction. Actual monetary losses may not include commissions owed to a licensee of this Commission acting in [his] the licensee’s capacity as either a principal or agent in a real estate transaction, or any attorney’s fees the claimant may incur in pursuing or perfecting the claim against the guaranty fund.

[.19] .16 Use of Trade Names.

A. — B. (text unchanged)

C. Licensee Using Trade Name.

(1) In the advertising of or contracting for any real estate brokerage services defined under Business Occupations and Professions Article, §17-101, Annotated Code of Maryland, a licensee using a trade name shall clearly and unmistakably include in the advertisement or contract [his] the licensee’s name or trade name, as registered with the Commission, to insure that [his] the licensee’s identity is meaningfully and conspicuously displayed to members of the general public.

(2) A licensee using a trade name on a for-sale sign, business card, office sign, sales contract, listing contract, or other document relating to real estate activities as defined under Business Occupations and Professions Article, §17-101, Annotated Code of Maryland, shall clearly and unmistakably include on any of these documents [his] the licensee’s name, or trade name, as registered with the Commission.

D. Any licensee who is in the course of oral communication with another person (whether in person or by telephone), shall clearly and unmistakably include in the communication [his] the licensee’s name, or trade name, as registered with the Commission, to insure that [his] the licensee’s identity is meaningfully and conspicuously made known to that person.

[.21] .18 Disposition of Deposit Monies Held by Licensees.

In any transaction in which a licensee has custody or possession of funds which belong to others, in the absence of a provision to the contrary, in the contract of sale, rental lease, option agreement, or other similar type of document, and a dispute arises as to the disposition of these funds by and between the parties to the transaction, the licensee shall:

A. (text unchanged)

B. File a bill of interpleader in the proper court in the county or Baltimore City, as the case may be, thereby causing these funds to be deposited in the registry of this court; [or]

C. Hold these funds until such time as one of the parties to the transaction files suit and the court in which this suit is filed orders the disbursement of these funds, whichever event under the purview of B and C of this regulation shall first occur[.]; or

D. Distribute the funds in accordance with the procedure set forth in Business Occupations and Professions Article, §17-505, Annotated Code of Maryland.

KATHIE CONNELLY
Executive Director
Real Estate Commission

 

Subtitle 11 REAL ESTATE COMMISSION

Notice of Proposed Action

[17-031-P]

The Real Estate Commission proposes to:

(1) Amend Regulation .01 under COMAR 09.11.02 Code of Ethics;

(2) Repeal Regulation .04 under COMAR 09.11.03 Hearing Regulations;

(3) Amend Regulations .01—.03 under COMAR 09.11.04 Time Share Registrations;

(4) Amend Regulations .01, .03, .05, and .08—.10 under COMAR 09.11.06 Continuing Education;

(5) Amend Regulation .02 under COMAR 09.11.07 Residential Property Disclosure/Disclaimer Statement; and

(6) Amend Regulation .01 under COMAR 09.11.08 Agency Relationship Disclosure/Dual Agency Consent.

This action was considered at a public meeting held on July 20, 2016, notice of which was given by posting notice on the agency website, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend certain regulations which are inconsistent with or duplicative of current statutes; make corrections to outdated or invalid terminology, references, and typographical errors; amend certain regulations which do not accurately reflect current Commission policy; and amend regulations pertaining to course content and credit for continuing education (CE) to expand the potential CE courses available to licensees.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Kathie Connelly, Executive Director, Real Estate Commission, 500 North Calvert Street, or call 410-230-6227, or email to kathie.connelly@maryland.gov, or fax to 410-333-0023. Comments will be accepted through March 6, 2017. A public hearing has not been scheduled.

 

09.11.02 Code of Ethics

Authority: Business Occupations and Professions Article, §§17-207 and
17-208, Annotated Code of Maryland

.01 Relations to the Public.

A. — I. (text unchanged)

[J. If the licensee offers the name of a service provider, including, but not limited to, a mortgage lender or mortgage broker, a real estate appraiser, a home inspector, a home improvement contractor, a plumber, an electrician, or a heating/ventilation/air conditioning/cooling (HVAC) contractor, in the provision of real estate brokerage services, the licensee shall first verify that the provider’s State license to perform those services is current. The licensee shall also give the person the electronic link to the licensing record information as well as the date on which the licensee last verified the information, so that the person may verify continued license status before entering into a contract with the provider.]

 

09.11.04 Time Share Registrations

Authority: Business Occupations and Professions Article, [§16-208] §17-208, Annotated Code of Maryland

.01 Application for Registration.

A. — D. (text unchanged)

E. Denial of an application on other than technical grounds will be communicated to the applicant by at least first class mail at the address stated on the application. The denial notice will inform the applicant that the applicant may file a written request for a hearing on the denial before a Hearing Panel of the Commission. [If a hearing is requested, the applicant shall be notified in writing of the time, date, and place of the hearing, which will be mailed so as to give the applicant 10 days’ notice.

F. At all stages of the proceeding, the burden of affirmatively showing that the standards and requirements established by statute or by regulation have been met or complied with shall rest on the applicant. Parties to the proceeding will be the applicant and the Commission. Other persons may not participate in the proceeding except that the Commission may, in its discretion, allow any person to file a written statement or memorandum addressing the issues.

G. If the applicant does not appear for a hearing after notice as provided in these regulations, and without a postponement, then the applicant has not met the burden established in § F of this regulation.

H. Order of Proceeding at Hearing. The manner and order of proceeding at the hearing is as follows:

(1) The Assistant Attorney General assigned to the Commission for the purpose will introduce the case stating its present posture including evidence to support the denial of the application.

(2) The applicant will then proceed to present to the Commission any matters which the applicant deems relevant to the issue of registration.

(3) After the applicant has presented relevant matters to the Commission, the Commission may ask for a response by way of argument, testimony, or exhibits by the Assistant Attorney General.

(4) After the response, if any, the applicant may be allowed a rebuttal addressed to those matters raised in the Assistant Attorney General’s response.

(5) The testimony and evidence will then be deemed closed and the Panel may, in its discretion, accept or request closing comments in the same order as the evidence, or instead of comments, or in addition to comments, may accept or request written memoranda or statements.

(6) If the parties agree, the case may proceed on a statement of facts. In that event, the Commission may call for the production of evidence or testimony to clarify the issues.]

.02 Rules of Procedure for Revocation or Suspension of Registration.

[The regulations of the Commission governing rules of procedure for revocation or suspension of licenses contained in COMAR 09.01.03.03 shall apply to registration] All hearings regarding denials of applications or revocations or suspensions of registration of time share developers are governed by COMAR 09.01.02.

.03 Records of Transactions.

A. (text unchanged)

B. Purchase Money.

(1) (text unchanged)

(2) The penalty of bond shall reflect the amount of purchase money held by the developer, [his] the developer’s agents, employees, licensed real estate brokers or independent contractors engaged by the developer resulting from the sale of time share estates in Maryland.

(3) The developer shall make available to the Commission, upon its request, all records concerning the amount of purchase money held by the developer, [his] the developer’s agents, employees, or independent contractors.

(4) (text unchanged)

C. — D. (text unchanged)

 

09.11.06 Continuing Education

Authority: Business Occupations and Professions Article, §§17-208 and
17-315, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (8) (text unchanged)

(9) Distance Learning Instruction.

(a) (text unchanged)

(b) Distance learning methods include:

(i) The specific delivery systems listed in Business Occupations and Professions Article, §17-315, Annotated Code of Maryland; and [Remote access satellite;

(ii) Closed circuit video;

(iii) Computer;

(iv) Disk;

(v) CD-ROM;

(vi) Internet;

(vii) World Wide Web;

(viii) Correspondence/home study;

(ix) Audiotape;

(x) Videotape; and

(xi)]

(ii) Any other delivery system approved by the Commission.

(10) (text unchanged)

.03 Course Providers.

A. — D. (text unchanged)

E. All payments for courses shall be made directly to the approved course provider or to the course provider’s third party payment processor.

[F. All course completion certificates shall be approved and issued, in the name of the attendee, by the course provider.]

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

[J.] I. The following situations could form the basis on which course provider approval is denied, suspended, or withdrawn:

(1) — (7) (text unchanged)

(8) Submission of inaccurate course completion information to the Commission;

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

(10) Submission of course completion information to the Commission for licensees who were not entitled to obtain credits;

[(9)] (11)[(11)] (13) (text unchanged)

.05 Course Content.

A. The Commission may approve a continuing education course that meets all of the following [six] five criteria:

(1) — (2) (text unchanged)

[(3) The course is related to the activities for which a licensee has responsibility under the Real Estate Brokers Act;]

[(4)] (3) [(6)] (5) (text unchanged)

B. (text unchanged)

.08 Conduct of Courses.

A. — F. (text unchanged)

G. Certificate of Completion.

[(1) A certificate of completion shall include:

(a) The full name of the student;

(b) The approved course provider’s name and address, and the course approval number;

(c) The title of the course as approved by the Commission, the approved topic letter, and the number of clock hours for which it was approved;

(d) The date of completion; and

(e) An official signature or seal.

(2) A certificate of completion shall be issued by the course provider to each student who has met all the requirements for completion of the course and is entitled to receive the certificate.

(3)] (1) [The] A certificate of completion [may] shall be distributed by the instructor at the end of the class, or mailed or electronically transmitted to the student at a later date.

[(4)] (2) A course provider or instructor may not [issue]:

[(a) A blank certificate of completion to a student; or

(b) A] (a) Issue a certificate of completion to a student who has not complied with all regulations governing the conduct of the course, including the timeliness and attendance requirements[.]; or

(b) Submit course completion information to the Commission for a student who has not complied with all regulations governing the conduct of the course, including the timeliness and attendance requirements.

[(5) A licensee who completes an approved continuing education course to qualify for license renewal shall submit the certificate of completion to the Commission on request.]

H. (text unchanged)

.09 Licensee Credit Hours.

A. — B. (text unchanged)

[C. Technology. A licensee may only use continuing education credits that total 3 clock hours on the topic of technology relating to real estate brokerage services toward license renewal during a 2-year licensing period.]

[D.] C. Licenses Originating in Other Jurisdictions.

(1) (text unchanged)

(2) A licensee may receive credit for an elective course taken in a jurisdiction where the licensee holds a license if that course was approved for continuing education credit by the real estate licensing authority in that jurisdiction[, and the course meets the requirements of Maryland law and regulation].

(3) — (4) (text unchanged)

[E.] D.[H.] G. (text unchanged)

.10 Distance Learning.

A. — D. (text unchanged)

E. Student Affirmation.

(1) The course provider shall be responsible for obtaining from students who have completed a distance learning course the following affirmation: “I (name of student) affirm that I have personally completed every requirement of the course and that I have not provided any aspect of the course to others.”

(2) The course provider may obtain the affirmation described in §E(1) of this regulation by electronic means.

[F. Notwithstanding Regulation .03E of this chapter, payment for a distance learning course may be made to the course developer.]

 

09.11.07 Residential Property Disclosure/Disclaimer Statement

Authority: Business Occupations and Professions Article, §17-208; Real Property Article, §10-702; Annotated Code of Maryland

.02 Guidelines.

A. A licensed broker, associate broker, or salesperson acting as a [listing agent for a seller] seller’s agent should obtain a written residential property condition disclosure statement or a written residential property disclaimer statement at the time the licensed broker, associate broker, or salesperson obtains the listing on the property.

B. The [listing] seller’s agent should provide the disclosure statement or disclaimer statement to the prospective purchaser or to the [selling or cooperating] buyer’s agent assisting the purchaser promptly upon notification that an offer is going to be made. If the [listing] seller’s agent does not know in advance that an offer is to be made, the [listing] seller’s agent should provide the disclosure statement or disclaimer statement at the time the [listing] seller’s agent receives the written offer.

C. The [selling or cooperating] buyer’s agent should make every effort to ensure that the prospective purchaser has the disclosure statement or the disclaimer statement in hand before submission of the offer to purchase the property.

 

09.11.08 Agency Relationship Disclosure/Dual Agency Consent

Authority: Business Occupations and Professions Article, [§17-528] §17-530, Annotated Code of Maryland

.01 Agency Relationship Disclosure Form/Dual Agency Consent Form.

In accordance with the provisions of Business Occupations and Professions Article, [§17-528] §17-530, Annotated Code of Maryland, model Agency Disclosure and Dual Agency Consent forms provided by the Maryland Real Estate Commission shall be used in all applicable real estate property transactions.

KATHIE CONNELLY
Executive Director
Real Estate Commission

 

Subtitle 13 BOARD FOR PROFESSIONAL LAND SURVEYORS

Notice of Proposed Action

[17-056-P]

The Board for Professional Land Surveyors proposes to amend:

(1) Regulations .01—.08 under COMAR 09.13.01 Code of Ethics for the Practice of Professional Land Surveying and Property Line Surveying; and

(2) Regulation .03 under COMAR 09.13.03 Survey Markers.

This action was considered by the Board for Professional Land Surveyors at a public meeting held on November 2, 2016, notice of which was published on the website of the Department pursuant to General Provisions Article, §3-302 (c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to (1) update the outdated licensing terms; (2) create gender-neutral references; and (3) clarify references to entities through which professional land surveying or property line surveying are practiced.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Steve Long, Executive Director, Board of Professional Land Surveyors, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6262, or email to steve.long@maryland.gov, or fax to 410-333-0023. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board for Professional Land Surveyors during a public meeting to be held on April 5, 2017, 10 a.m., at 500 N. Calvert Street, Third Floor Conference Room, Baltimore, MD 21202.

 

09.13.01 Code of Ethics for the Practice of Professional Land Surveying and Property Line Surveying

Authority: Business Occupations and Professions Article, §15-205, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged).

(2) [“Registrant”]Licensee” means any person holding a [certificate of registration from the State] license issued by the Board as a professional land surveyor or a property line surveyor.

.02 Responsibility to the Public.

In the performance of [his] a licensee’s professional duties, [a registrant] the licensee shall make every reasonable effort to protect the safety, health, property, and welfare of the public. If the [registrant’s] licensee’s professional judgment is overruled under circumstances in which the safety, health, property, or welfare of the public is endangered, the [registrant] licensee shall inform [his] the licensee’s employer or client of the possible consequences.

.03 Public Statements, Reports, and Testimony.

A. A [registrant] licensee may not make statements or reports, or give expert testimony, on land-surveying matters connected with public policy, if [his] the licensee’s remarks are inspired by or paid for by an interested party, unless [he] the licensee precedes [his] the remarks by identifying himself or herself, by disclosing the identity of the party on whose behalf [he] the licensee is speaking, and by revealing the existence of any pecuniary interest [he] the licensee has in the matter.

B. A [registrant] licensee may express publicly a professional opinion on a land-surveying subject only when that opinion is founded upon adequate knowledge of the material facts and a background of technical competence in the subject matter.

C. In a professional report, statement, or testimony, a [registrant] licensee may not be untruthful or deceptive.

.04 Competency for Assignments Undertaken or Approved.

A. A [registrant] licensee may undertake or perform land-surveying assignments only when qualified to do so by education or experience, or both, in the specific field of land surveying involved.

B. A [registrant] licensee may affix [his] the licensee’s signature or seal to land surveying documents only if:

(1) [He] The licensee is competent in the subject matter of those documents by virtue of education or experience, or both; and

(2) The documents were prepared under [his] the licensee’s direction as principal by an employee or an associate competent in the subject matter of those documents by virtue of education or experience, or both.

.05 Conflicts of Interest.

A. A [registrant] licensee shall avoid conflicts of interest with [his] the licensee’s employer or client. Whenever conflicts of interest appear unavoidable, however, the [registrant] licensee shall disclose promptly and fully all the circumstances to the employer or client.

B. A [registrant] licensee shall promptly inform [his] the licensee’s employer or client of any business association, interests, or circumstances which may influence [his] the licensee’s judgment or the quality of [his] services to [his] the licensee’s employer or client.

C. A [registrant] licensee may not accept compensation, financial or other, from more than one party for services on a project or for services pertaining to a project, unless [he] the licensee makes full disclosure to all interested parties.

D. A [registrant] licensee may not solicit or accept financial or other valuable consideration from any material supplier or equipment supplier for specifying the supplier’s products, except when the [registrant] licensee is a previously announced employee or agent of the supplier.

E. A [registrant] licensee may not solicit or accept gratuities, directly or indirectly, from any contractor, architect, engineer, professional land surveyor or property line surveyor, or other party dealing with the [registrant’s] licensee’s employer or client in connection with work for which the [registrant] licensee is responsible.

.06 Improper Solicitation of Professional Employment.

A. Other than the usual commissions paid to licensed employment agencies, a [registrant] licensee may not compensate, give anything of value, or offer to compensate or give anything of value, as follows:

(1) To a person or organization to recommend or secure [his] the licensee’s employment as a professional land surveyor or a property line surveyor; or

(2) As a reward for having made a recommendation resulting in [his] the licensee’s employment as a professional land surveyor or a property line surveyor.

B. When competing for professional employment, a [registrant] licensee may not falsify or permit misrepresentation of [his] the licensee’s qualifications or those of [his] the licensee’ associates.

C. An employed [surveyor] licensee may not solicit or accept other employment to the detriment of [his] the licensee’s regular work or the interests of [his] the licensee’s employer.

.07 Knowledge of Improper Conduct by Others.

Except to the extent the rules of privilege [recognized in the State] may apply, when questioned by any member or authorized representative of the Board concerning any alleged violation of another person or organization, a [registrant] licensee may not conceal or refuse to divulge information that [he] the licensee may have, or make false or misleading statements about the matter.

.08 [Designation of Registrants] Licensees’ Designation.

A [registrant ] licensee may not use any designation after the [registrant’s] licensee’s name on any business communication which misleads the public as to whether the [registrant] licensee is a professional land surveyor or a property line surveyor. [For example, registrants may not use the initials “P.L.S.” after their name because of the ambiguity of this designation.]

 

09.13.03 Survey Markers

Authority: Business occupations and Professions Article, §15-208, Annotated Code of Maryland

.03 Marker Identification.

A. The top of all survey markers, described in Regulation .02, of this chapter, set by [any] a licensee or a permit holder shall have a legible inscription that identifies the licensee [, corporation, or partnership] or a permit holder responsible for setting the survey marker.

B. The top of all survey markers, described in Regulation .02, of this chapter, set by [any] a licensee or a permit holder shall have a legible inscription stating the words “Property Marker” or the abbreviations “Prop. Mark.” or “Prop. Mkr.”.

JOHN V. METTEE, III
Chairman
Board for Professional Land Surveyors

 

Subtitle 13 BOARD FOR PROFESSIONAL LAND SURVEYORS

09.13.05 Fees

Authority: Business Regulation Article, §§ 2-106, 2-106. 1, and 2-106.2; Business Occupations and Professions Article, §§ 15-101, 15-207-15-209,
15-306, 15-307, 15-307.1, 15-311, 15-312, 15-314-15-316, 15-321, 15-403, 15-404, and 15-406, Annotated Code of Maryland

Notice of Proposed Action

[17-038-P]

The Board for Professional Land Surveyors proposes to amend Regulation .03 under COMAR 09.13.05 Fees and Costs. This action was considered by the Board for Professional Land Surveyors at a public meeting held on October 5, 2016, notice of which was published on the website of the Department pursuant to General Provisions Article, §3-302 (c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify that an applicant for an appropriate national licensing examination or reexamination shall pay the examination- or re-examination fees (1) directly to the National Council of Examiners for Engineering and Surveying (NCEES); and (2) in an amount or amounts set by the NCEES.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Steve Long, Executive Director, Board of Professional Land Surveyors, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6262, or email to steve.long@maryland.gov, or fax to 410-230-0021. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board for Professional Land Surveyors during a public meeting to be held on April 5, 2017, 10 a.m., at 500 N. Calvert Street, Third Floor Conference Room, Baltimore, MD 21202.

.03 Fees and Costs.

A. (text unchanged)

B. An applicant for the appropriate national licensing examination shall pay the [following] examination or re-examination fees directly to the [Board or its designee] National Council of Examiners for Engineering and Surveying (NCEES), as these fees are established by the [National Council of Examiners of Engineers and Surveyors:

(1) Fundamentals of Land Surveying — $225;

(2) Principles and Practice — $250] NCEES.

C. — F. (text unchanged)

JOHN V. METTEE, III
Chairman
Board for Professional Land Surveyors

 

Subtitle 13 BOARD FOR PROFESSIONAL LAND SURVEYORS

09.13.08 Continuing Professional Competency Requirements

Authority: Business Occupations and Professions Article, §§15-314(f),
15-315, and 15-316, Annotated Code of Maryland

Notice of Proposed Action

[17-026-P]

The Board for Professional Land Surveyors proposes to amend Regulations .02 —.10, .12, .16, and .17 under COMAR 09.13.08 Continuing Professional Competency Requirements. This action was considered by the Board for Professional Land Surveyors at a public meeting held on August 3, 2016, notice of which was published on the website of the Department pursuant to General Provisions Article, §3-302 (c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to: (1) repeal different categories of qualified continuing competency activities; (2) repeal provisions related to the carry-over of credits; (3) clarify methods of earning continuing competency credits; (4) enable providers of continuing competency credits to electronically transmit to the Board records of attendance, completion, and other relevant information; and (5) make other clarifying changes to enable licensees to earn continuing competency credits in a more efficient and flexible manner.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Steve Long, Executive Director, Board of Professional Land Surveyors, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6262, or email to steve.long@maryland.gov, or fax to 410-333-0023. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board for Professional Land Surveyors during a public meeting to be held on April 5, 2017 at 10 a.m., at 500 N. Calvert Street, Third Floor Conference Room, Baltimore, MD 21202.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) – (3) (text unchanged)

[(4) “Category A/Category B activities” means the types of activities set forth in Regulation .05 of this chapter.]

[(5)] (4) “College [unit/semester/quarter] credit hour” means the credit for a course described in [§B(7)]§B(6) of this regulation, offered by a university, college, or community college.

[(6)] (5)[(9)] (8) (text unchanged)

[(10)] (9) “Qualifying activity” means an activity that meets the criteria set forth in Regulation [.03] 04 of this chapter.

[(11) “Seminar” means a meeting or meetings with an approved provider involving a discussion on a specific topic related to the practice of land surveying.

(12) “Workshop” means a meeting or meetings of general sessions and individual groups involving discussions of topics related to the practice of land surveying.]

.03 [Qualifying Activities.] Requirements.

A. [In order for an activity to be considered a qualifying activity, the activity must meet all of the following criteria:

(1) Maintain and enhance professional competency of professional land surveyors or property line surveyors; and

(2)Foster improvement, advancement, and extension of professional skills and knowledge related to the practice of land surveying or property line surveying.] A licensee shall complete, as a condition of a license renewal in each individual 2-year renewal cycle, a minimum of 24 CPC units earned from the participation in and upon completion of qualifying activities described in Regulation .04.

B. [Qualifying activities include both Category A activities and Category B activities, as described in Regulation .05 of this chapter.] A minimum of 4 CPC units in every individual 2-year renewal cycle shall be earned from the participation in and upon completion of qualifying activities with content areas related to the following:

(1) Minimum Standards of Practice;

(2) Legal cases, commentaries, and other related materials as they apply to the law of land boundaries in Maryland;

(3) The awareness of ethical concerns and conflicts;

(4) An enhanced familiarity with the codes of conduct;

(5) An understanding of standards of practice or care; or

(6) Similar topics aimed at maintaining, improving, or expanding the skills set and knowledge necessary to practice land surveying services or property line surveying services in the most ethical and responsible manner.

[C. The determination of whether the activity constitutes a qualifying activity is within the sole discretion of the Board.]

 .04 [Requirements] Qualifying Activities.

[A. A licensee shall complete, as a condition of a license renewal, a minimum of 24 CPC units in each individual 2-year licensing term, as follows:

(1) All 24 CPC units may be earned from Category A activities; or

(2) At least 16 CPC units shall be earned from Category A activities, and not more than 8 CPC units may be earned from Category B activities. ]

 In order for an activity to be considered a qualifying activity, the activity must meet the following criteria:

A. Maintain and enhance professional competency of professional land surveyors or property line surveyors; and

B. Foster improvement, advancement, and extension of professional skills and knowledge related to the practice of land surveying or property line surveying.

[B. As part of compliance with CPC requirements set forth in these regulations, a licensee shall complete, as a condition of a license renewal, a minimum of 6 CPC units in every other individual 2-year licensing term in content areas related to the following:

(1) Minimum Standards of Practice;

(2) Legal cases, commentaries, and other related materials as they apply to the law of land boundaries in Maryland; or

(3) Qualifying course or activity with content areas related to:

(a) The awareness of ethical concerns and conflicts;

(b) An enhanced familiarity with the codes of conduct;

(c) An understanding of standards of practice or care; or

(d) Similar topics aimed at maintaining, improving, or expanding the skills set and knowledge necessary to provide surveying services in the most ethical and responsible manner.

C. The 6 CPC units described in §B of this regulation shall be earned from Category A activities and shall be a part of, and not in addition to, the minimum number of CPC units otherwise required for a license renewal.

D. A maximum of 12 CPC units earned in excess of 24 CPC units that are required for a license renewal during the licensing term can be carried forward to apply as credit toward the next licensing term. The carried forward CPC units shall be applied to the same category in which they were earned. ]

.05 [Categories of Qualifying Activities] Determination of Qualifying Activities by the Board.

[A. Category A Activities.

(1) Category A activities are those activities that meet the criteria and objectives set forth in the Regulation .03 of this chapter.

(2) Category A activities shall:

(a)Be formally organized and structured as follows:

(i) University, college, and community college courses;

(ii) Professional workshops related to the practice of land surveying;

(iii) Seminars related to the practice of land surveying;

(iv) Technical presentations related to the practice of land surveying; and

(v) Other similar structured educational activities in which the teaching methodology consists primarily of systematic presentation of subjects related to the practice of land surveying, as such activities may from time to time be preapproved by the Board.

(b) Provide for clear outcome measures in the form of a test, report, study, research paper, or other appropriate form or method acceptable to the Board;

(c) Have content areas that include at least one of the following:

(i) Issues related to COMAR 09.13.06;

(ii) Issues related to COMAR 09.13.07;

(iii) Issues related to business, ethics, and professional practices, as related to the practice of land surveying or property line surveying; or

(iv) Other appropriate issues or content areas acceptable to the Board; and

(d) Be presented through one or more of the following modalities;

(i) Live;

(ii) Televised;

(iii) Videotaped;

(iv) Audiotaped;

(v) On line; or

(vi) Through other appropriate format acceptable to the Board.

B. Category B Activities.

(1) Category B activities are those activities that meet the criteria and objectives set forth in the Regulation .03 of this regulation. Category B activities shall be organized as either structured educational activities or unstructured educational activities.

(2) Structured educational Category B activities shall:

(a) Be formally organized and structured as follows:

(i) University, college, and community college courses;

(ii) Professional workshops related to the practice of land surveying;

(iii) Seminars related to the practice of land surveying;

(iv) Technical presentations related to the practice of land surveying; or

(v) Other similar structured educational activities in which the teaching methodology consists primarily of systematic presentation of subjects related to the practice of land surveying, as such activities may from time to time be preapproved by the Board; and

(b) Have at least one content area that focuses on the following:

(i) Development of oral and written skills aimed at improving licensee’s methods of practice or operations as a professional land surveyor or a property line surveyor;

(ii) Development of business skills, traits, and patterns aimed at ensuring the delivery of ethical and competent land surveying or property line surveying services; or

(iii) Other appropriate issues or content areas acceptable to the Board.

(3) Unstructured educational Category B activities may include the following:

(a) Teaching of land surveying and related subject matters;

(b) Mentoring activities;

(c) Serving as a single or first author of an original paper on the land surveying subject matter published in peer-reviewed journals or textbooks of distinction in their field;

(d) Serving as a single or first author of an original published book on a land surveying subject matter that exhibits excellence in scholarship and has a significant impact or influence on the directions of the land surveying; or

(e) Other unstructured or nontraditional activities that may from time to time be preapproved by the Board.

C. The determination of the appropriate category of the activities is within the sole discretion of the Board. ]

The determination of whether the activity constitutes a qualifying activity is within the discretion of the Board.

.06 Nonqualifying Activities.

[A licensee may not earn credits for activities that do not meet the criteria set forth in the Regulation .03 of this chapter, including, but not limited to, the following activities] Activities that do not meet the criteria set forth in Regulation .04 of this chapter shall be considered to be non-qualifying activities, including, but not limited to, the following:

A.— D. (text unchanged)

E. Other [nonqualifying] activities that, in the Board’s opinion, are not directly related to the practice of land surveying or property line surveying.

.07 Sources of Credit and Determination of [Units’ Value] Units.

[A. A licensee may earn the applicable number of CPC units in the appropriate category of activities in accordance with the following schedule:

(1) 1 college or unit semester hour — 15 CPC units;

(2) 1 college or unit quarter hour — 10 CPC units;

(3) 1 continuing education unit — 10 CPC units;

(4) 1 contact hour of professional development in course work seminars, or professional or technical presentations made at meetings, conventions, or conferences — 1 CPC unit;

(5) Subject to criteria set forth in Regulation .05 of this chapter, original published paper on the land surveying subject matter — up to 2 CPC units;

(6) Subject to criteria set forth in Regulation .05 of this chapter, original published book on the land surveying subject — up to 8 CPC units;

(7) Mentoring — 3 CPC units; and

(8) Except for regular employment, teaching of land surveying and related subjects, subject to the following limitations:

(a) For the first time presentation, a presenter may claim credit for the activity that is equivalent to two times the number of CPC units awarded by the Board for the activity; and

(b) Unless the presentation had been substantially modified and updated for the subsequent presentations, a presenter may not claim credits for repeat presentations of the same material.]

A. A licensee may earn the CPC units by any of the following methods:

(1) Attending and successfully completing qualifying activities in which the teaching methodology consists primarily of systematic presentation of subjects related to the practice of land or property line surveying, as such activities may from time to time be preapproved by the Board;

(2) Subject to limitations set forth in this Regulation, teaching of, lecturing or instructing on the subjects related to professional land or property line surveying in the environment described in §A(1) of this regulation;

(3) Serving as a mentor within the framework preapproved by the Board to an individual who is pursuing a path to licensure as a professional land surveyor;

(4) Developing examination content questions accepted for use on both national and State specific examinations; or

(5) Other appropriate methods that may from time to time be approved by the Board.

[B. The final determination of value, sources, and number of credits is within the sole discretion of the Board.]

B. A licensee may earn the applicable number of CPC units in accordance with the following conversion schedule:

(1) 1 college credit hour — 5 CPC units;

(2) 1 contact hour of professional development work, or professional or technical presentations made at meetings, conventions, or conferences — 1 CPC unit;

(3) Board approved mentoring activities — 3 CPC units;

(4) Developing of examination content questions – 4 CPC units; and

(5) Subject to exclusions set forth in this Regulation, teaching of, lecturing or instructing on land surveying and related subjects, subject to the following limitations:

(a) For the first time presentation, a presenter may claim credit for the activity that is equivalent to two times the number of CPC units awarded by the Board for the activity; and

(b) Unless the presentation had been substantially modified and updated for the subsequent presentations or is being presented to a different group of recipients, a presenter may claim only the same number of CPC credits as awarded by the Board to the recipients of the qualifying activity.

.08 [Determination of Credits.] Determination of Units’ Value by the Board.

[A. A licensee is eligible to earn CPC units only upon attendance and successful completion of the appropriate activity.

B. Credit for university, college, or community college-approved courses shall be based upon course credit established by the institution of higher education. An audited class is acceptable only for purposes of receiving a credit as a Category B activity.

C. The final determinations of value, appropriate category, and other matters related to the CPC units are the responsibility of the licensee, subject to review and approval by the Board.]

The final determination with regard to the value, sources, and number of credits is within the discretion of the Board.

.09 [Authorizations] Approval of Providers.

A. Responsibility for [Authorizing Providers] Providers’ Approval.

(1) – (3) (text unchanged)

(4) The Board shall assign the responsibility of reviewing and approving the providers to the CPC Standards Committee. [The] To the extent feasible and necessary, the CPC Standards Committee shall establish guidelines and procedures for approval of [authorized] providers in accordance with the objectives stated in this chapter.

[(5) To the extent feasible and necessary, the CPC Standards Committee shall submit quarterly reports to the Board containing the list of authorized providers approved by the Committee in the previous calendar quarter, together with any other information requested by the Board.]

B. Providers’ Eligibility

(1) (text unchanged)

 (2) The individuals or entities [that are not considered to be preapproved providers], including, but not limited to, professional firms conducting in-house presentations, may be approved by the Board to become approved providers upon application and approval by the CPC Standards Committee.

(3) (text unchanged)

(4) The provider shall submit general information that will enable the CPC Standards Committee to evaluate the provider’s qualifications. At a minimum, the CPC Standards Committee requires the following information to be submitted with each application for approval:

(a) [The types and descriptions of proposed or existing courses intended to be offered] The sample course outline detailing the content of activity to be offered;

(b) The number of CPC units to be awarded for each course; and

(c) The identity and qualifications of the course instructors[;

(d) The explanation and sample of outcome measures; and

(e) The sample course outlines detailing the content of activity to be offered].

(5) In order to be eligible to become the approved provider, the provider must offer the activity that meets the criteria for a qualifying activity set forth in Regulation .04.

C. [Suspension and Revocation.] Review and Audit of Providers.

[(1) The Committee, with the Board’s concurrence, may suspend or revoke authorization as a provider if, in the judgment of the Board, the intent of Business Occupations and Professions Article, §15-314(f), Annotated Code of Maryland, is no longer served.

(2) An individual or organization whose provider’s privilege has been suspended or revoked by the Committee may appeal the denial to the Board for a hearing within 30 days after the CPC Standards Committee notifies the individual or organization of the denial.]

 The Board may require the approved provider to document the CPC activities for audit by the Board at any time after the first presentation of the activity. Documentation shall include registration and attendance records, stated purpose, content, presentation, time and length of the activity, and participants’ evaluations.

D. [Documentation.] Suspension and Revocation.

[The Board may require approved providers to document the CPC activities for audit by the Board at any time within the 6-year period after the first presentation of the programs. Documentation shall include registration and attendance records, stated purpose, content, presentation, time and length of the activity, and participant evaluations.]

(1) The CPC Standards Committee, with the Board’s concurrence, may suspend or revoke approval of a provider if, in the judgment of the Board, the intent of Business Occupations and Professions Article, §15-314(f), Annotated Code of Maryland, is no longer served.

(2) An individual or organization whose provider’s privilege has been suspended or revoked by the CPC Standards Committee may appeal the denial to the Board for a hearing within 30 days after the CPC Standards Committee notifies the individual or organization of the denial.

E. (text unchanged)

.10 Record Keeping.

A.—B. (text unchanged)

C. Upon the Board’s request, approved providers shall electronically transmit to the Board records of attendance, completion of a qualifying activity, and any other pertinent information requested by the Board.

.12 Extenuating Circumstances/Exceptions.

A. Exemptions. Notwithstanding other requirements set forth in this chapter, a licensee who is granted an initial license may renew a license for the next full term without complying with the CPC requirements if:

(1)—(2) (text unchanged)

B. (text unchanged)

.16 Dual Licensees.

A licensee who maintains current licenses in the State of Maryland both as a professional land or property line surveyor and as a professional engineer shall comply with the CPC requirements set forth in COMAR 09.23.06 applicable to licensed professional engineers, except that a minimum of 1/3 of the units earned shall be gained from the qualifying programs on a land surveying subject as set forth in Regulations .03 and [.05] .04 of this chapter.

.17 CPC Units Earned in Other States.

[The Board will accept CPC units earned for activities completed in other jurisdictions, provided that the activities and programs are consistent with and comply with the requisite criteria set forth in this chapter and the licensee otherwise fulfills all other applicable license renewal requirements of this chapter.]

The Board will accept CPC units earned for activities completed in other jurisdictions, provided that:

A. The activities and programs are consistent and comply with the requisite criteria set forth in this chapter;

B. Licensee provides evidence of attending and completing a qualifying activity in another state, together with applicable number of CPC units earned; and

C. Licensee otherwise fulfills all other applicable license renewal requirements in the State of Maryland.

JOHN V. METTEE, III
Chairman
Board for Professional Land Surveyors

 

Subtitle 14 STATE ATHLETIC COMMISSION

09.14.01 General Provisions

Authority: Business Regulations Article. §§4-101, 4-205, and 4-303, Annotated Code of Maryland

Notice of Proposed Action

[17-051-P]

The State Athletic Commission proposes to amend Regulation .02 under COMAR 09.14.01 General Provisions. This action was considered at a public meeting of the Commission held on October 27, 2016, notice of which was given in 43:20 Md. R 1151 (September 30, 2016) pursuant to General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to eliminate the requirement that the State Athletic Commission meet once a month and to change the requirement for publishing notice of a Commission meeting to allow the notice to be published on the Commission’s website instead of in the Maryland Register.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Patrick Pannella, Executive Director, State Athletic Commission, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6223, or email to patrick.pannella@maryland.gov, or fax to 410-962-8480. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by State Athletic Commission during a public meeting to be held on March 29, 2017, at 2 p.m., at 500 North Calvert Street, 3rd Floor South, Baltimore, Maryland 21202.

.02 Meetings.

A. The Commission shall meet regularly [at least once a month] on a date and time as published [in the Maryland Register] on the Commission’s website, pursuant to [State Government Article, §10-506(c)] General Provisions Article, §3-302(c), Annotated Code of Maryland.

B. (text unchanged)

ARNOLD DANSICKER
Chairman
State Athletic Commission

 

Subtitle 14 STATE ATHLETIC COMMISSION

09.14.04 Safety and Health Standards for Contestants

Authority: Business Regulations Article, §§4-205, 4-304, 4-304.1, 4-310, 4-314, and 4-315, Annotated Code of Maryland

Notice of Proposed Action

[17-054-P]

The State Athletic Commission proposes to amend Regulations .04 and .10 under COMAR 09.14.04 Safety and Health Standards for Contestants. This action was considered at a public meeting of the Commission held on October 27, 2016, notice of which was given in 43:20 Md. R 1151 (September 30, 2016) pursuant to General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify that a physician may determine whether a contestant may engage in a contest by considering a number of physical conditions, including determining whether the contestant’s blood pressure is within acceptable limits. In particular, the purpose of this action is (1) to allow the physician performing a final physical examination of a contestant before a contest to determine whether a contestant’s systolic pressure and diastolic pressure is within acceptable limits; and (2) to expand the medical reasons for the imposition of an indefinite medical suspension by the physician examining a contestant after a contest. The Commission maintains that, after considering all relevant medical factors relating to the contestant, the physician evaluating a contestant’s blood pressure is best suited to determine whether a contestant should engage in a contest. The Commission maintains that the physician examining a contestant after a contest should be allowed to impose an indefinite medical suspension for any medical reason that the physician deems appropriate.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Patrick Pannella, Executive Director, State Athletic Commission, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6223, or email to patrick.pannella@maryland.gov, or fax to 410-962-8480. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by State Athletic Commission during a public meeting to be held on March 29, 2017, at 2 p.m., at 500 North Calvert Street, Third Floor South, Baltimore, Maryland 21202.

.04 Precontest Examinations.

A. (text unchanged)

B. A contestant may not engage in a contest if any of the following physical conditions are [found] determined by the Commission’s physician:

(1)—(5) (text unchanged)

(6) Systolic pressure [over 150] or diastolic pressure [over 100] outside of acceptable limits;

(7)—(11) (text unchanged)

C.—I. (text unchanged)

.10 Medical Suspensions.

A.—B. (text unchanged)

C. A contestant suspended indefinitely [under §B(5) of this regulation] shall remain suspended until a medical examination specified by the Commission has been completed and the Commission has determined that the contestant has satisfactorily recovered.

D.—F. (text unchanged)

ARNOLD DANSICKER
Chairman
State Athletic Commission

 

Subtitle 14 STATE ATHLETIC COMMISSION

09.14.06 Conduct of Boxing Contests

Authority: Business Regulations Article. §§4-205, and 4-310, Annotated Code of Maryland

Notice of Proposed Action

[17-043-P]

The State Athletic Commission proposes to amend Regulation .10 under COMAR 09.14.06 Conduct of Boxing Contests. This action was considered at a public meeting of the Commission held October 27, 2016, notice of which was given in 43:20 Md. R 1151 (September 30, 2016) pursuant to General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to change the ruling for the implementation of the low-blow foul in a contest when a contestant is unable to continue from being ruled a draw to being ruled a no contest. The senior physician for the Commission has determined that it is not possible to medically diagnose an injury sustained by a contestant who received a low-blow; because a draw may be beneficial to one contestant while being opposed by the other contestant, the Commission has concluded that the appropriate ruling is a no contest.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Patrick Pannella, Executive Director, State Athletic Commission , 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6223, or email to patrick.pannella@maryland.gov, or fax to 410-962-8480. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by State Athletic Commission during a public meeting to be held on March 29, 2017 at 2 p.m., at 500 North Calvert Street, Third Floor South, Baltimore, Maryland 21202.

.10 Low-Blow Foul.

A.—C. (text unchanged)

D. If the senior physician determines that the boxer cannot continue, the contest shall be ruled a [draw] no contest.

ARNOLD DANSICKER
Chairman
State Athletic Commission

 

Subtitle 14 STATE ATHLETIC COMMISSION

09.14.08 Wrestling Regulations

Authority: Business Regulations Article. §§4-205, and 4-310, Annotated Code of Maryland

Notice of Proposed Action

[17-042-P]

The State Athletic Commission proposes to amend Regulation .04 under COMAR 09.14.08 Wrestling Regulations. This action was considered at a public meeting of the Commission held October 27, 2016, notice of which was given in 43:20 Md. R 1151 (September 30, 2016) pursuant to General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to allow the physician performing a physical examination of a wrestler before a contest to determine whether a wrestler’s systolic pressure and diastolic pressure is within acceptable limits. The Commission maintains that, after considering all relevant medical factors relating to the wrestler, the physician evaluating a wrestler’s blood pressure is best suited to determine whether a wrestler should engage in a contest.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Patrick Pannella, Executive Director, State Athletic Commission, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6223, or email to patrick.pannella@maryland.gov, or fax to 410-962-8480. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by State Athletic Commission during a public meeting to be held on March 29, 2017 at 2 p.m., at 500 North Calvert Street, 3rd Floor South, Baltimore, Maryland 21202.

.04 Physical Examinations.

A.—D. (text unchanged)

E. The examining physician may disqualify a contestant or referee for:

(1) Blood pressure elevation, systolic pressure [greater than 180,] or diastolic pressure [greater than 105] outside of acceptable limits as determined by the examining physician;

(2)— (3) (text unchanged)

F. (text unchanged)

ARNOLD DANSICKER
Chairman
State Athletic Commission

 

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

09.15.01 Fees

Authority: Business Regulation Article, §§9A-205, 9A-207 and 9A-304(f), Annotated Code of Maryland

Notice of Proposed Action

[17-024-P]

The State Board of Heating, Ventilation, Air-Conditioning and Refrigeration Contractors proposes to amend Regulation .01 under COMAR 09.15.01 Fees. This action was considered at a public meeting of the Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors held on October 12, 2016, notice of which was provided by posting on the Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors’ website pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify that an applicant for an applicable licensing examination or reexamination shall pay the examination- or reexamination-related fees (1) directly to the testing service chosen by the Maryland Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors to develop or administer the examination, and (2) in an amount or amounts set by the testing service selected by the Maryland Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors. Further, the action also seeks to reduce the time a candidate who failed a license examination must wait before a reexamination.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Robin Bailey, Executive Director, Mechanical Licensing Boards, Department of Labor, Licensing and Regulation, 500 North Calvert Street, Baltimore, Maryland 21202, or call 410-230-6160, or email to robin.bailey@maryland.gov, or fax to 410-244-0977. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board of Heating, Ventilation, Air-Conditioning and Refrigeration Contractors during a public meeting to be held on March 8, 2017, at 500 North Calvert Street, Third Floor, Baltimore, Maryland 21202.

.01 Fees.

A. An applicant for an appropriate licensing examination shall pay [an] the examination fee [for examination as follows:

(1) $150 for a master, limited contractor, and journeyman;

(2) $50 for a master restricted and journeyman restricted in one of the following categories:

(a) Air conditioning;

(b) Forced air heating;

(c) Hydronic heating;

(d) Refrigeration; and

(e) Ventilation;

(3) $100 for a master restricted and journeyman restricted heating:

(4) $44 for an inspector.]

directly to the testing service chosen by the Board to develop or administer the examination, as such fees are established by the testing service selected by the Board.

B. An applicant who fails an examination:

(1) May reapply to take the examination [60] 30 days after the date the applicant last took the examination; and

(2) Shall pay the fee for the examination in the manner described in §A of this regulation.

C. (text unchanged)

ROBIN BAILEY
Executive Director
Mechanical Licensing Boards

 

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

09.15.02 General Regulations

Authority: Business Regulation Article, §9A-205, Annotated Code of Maryland

Notice of Proposed Action

[17-047-P]

The State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors proposes to amend Regulation .01, repeal Regulations .06 and .07, recodify existing Regulations .08 and .11 to be Regulations .06 and .09, respectively, and amend and recodify existing Regulations .09 and .10 to be Regulations .07 and .08, respectively, under COMAR 09.15.02 General Regulations. This action was considered at a public meeting of the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors held on October 12, 2016, notice of which was provided by posting on the Board’s website pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to remove obsolete provisions.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Robin Bailey, Executive Director, Mechanical Licensing Boards, Department of Labor, Licensing and Regulation, 500 North Calvert Street, Baltimore, Maryland 21202, or call 410-230-6160, or email to robin.bailey@maryland.gov, or fax to 410-244-0977. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors during a public meeting to be held on March 8, 2017, at 500 North Calvert Street, Third Floor, Baltimore, Maryland 21202.

.01 Qualification of Inspectors.

A. Heating, ventilation, air conditioning, and refrigeration inspectors hired by the State, a county, or other local subdivision [after March 1, 1995], shall meet minimum standards that are established by the State Board.

B.—C. (text unchanged)

[.09] .07 Training for HVACR Journeyman.

A. (text unchanged)

[B. To avoid undue hardship, the Board may give credit for hours worked in the installation and repair of HVACR equipment and systems for periods before licensing was required.]

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

[.10] .08 Time for Submitting License Application.

A. (text unchanged)

[B. An applicant who was approved for licensure without examination pursuant to Business Regulation Article, §9A-306, Annotated Code of Maryland, shall apply for licensure, including payment of all applicable fees, not later than July 31, 1999, to be entitled to a license without examination.]

[C.] B. (text unchanged)

ROBIN BAILEY
Executive Director
Mechanical Licensing Boards

 

Subtitle 16 BOARD OF BARBERS

09.16.01 General Regulations

Authority: Business Occupations and Professions Article, Title 4, Annotated Code of Maryland

Notice of Proposed Action

[17-062-P]

The Board of Barbers proposes to amend Regulations .06—.08 and .10 under COMAR 09.16.01 General Regulations. This action was considered at a public meeting held on December 12, 2016, notice of which was provided on the agency’s website, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend language regarding apprentices, including deleting language about non-English speakers that is duplicative of the statutory language and removing barriers to apprenticeship licensure for reading disabled individuals as well as hearing impaired individuals. The purpose of this action is also to add language for examination content for barber stylists; amend the fee structure for examinations; amend license fees to include the licensing category barber stylist; and remove obsolete language regarding examiners.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Shirley Leach, Executive Director, Board of Barbers, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6195, or email to shirley.leach2@maryland.gov, or fax to 410-555-1212. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Board of Barbers during a public meeting to be held on March 13, 2017, at 500 N. Calvert Street, 3rd Floor Conference Room, Baltimore, MD 21202.

.06 Apprenticeship Registration Requirements.

A. (text unchanged)

[B. Non-English-Speaking or Reading Disabled Individuals. An individual who is non-English-speaking or who demonstrates dyslexia or other reading impairments, shall participate in English comprehension or reading comprehension courses during the apprenticeship.

C. Hearing Impaired Individuals. Hearing impaired individuals registered as apprentices shall participate in courses during the apprenticeship to allow them to understand directions, explanations, or needs of examiners and patrons.

[D.] B. (text unchanged)

.07 Examinations.

A.—I. (text unchanged)

J. Content of Barber Stylist Examination.

(1) A barber examination shall consist of a theoretical portion and a practical portion.

(2) The theoretical portion of the barber examination shall consist of questions which embrace the subjects of barber science found in a basic textbook including, but not limited to, the following:

(a) Sanitation and disinfection;

(b) Hair cutting and styling techniques;

(c) Diseases and disorders; and

(d) Laws and regulations regarding the practice of barbering.

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

(a) Haircut; and

(b) Shave.

.08 Fees.

A. Examination Fees. An applicant for examination or reexamination shall pay an examination or reexamination fee directly to the testing service chosen by the Board to develop or administer the examination.

[(1) The following examination fees shall be paid at the time a person files an application to take an examination:

(a) Master barber — $50;

(b) Barber — $80.

(2) An examination fee of $50 shall be paid at the time a person files an application to retake a portion of an examination.]

B. License, Permit, and Registration Fees. The following fees shall be paid to the Board prior to the issuance or renewal of a license, permit, or registration:

(1) Owner — $50;

(2) Master barber — $50;

(3) Barber — $50;

(4) [Apprentice — $10.] Barber Stylist — $50;

(5) Apprentice — $10.

C.—I. (text unchanged)

.10 Compensation of [Examiners and] Inspectors.

[A. Examiners, appointed by the Board, shall be paid a per diem of at least $50 based on the State’s budget.]

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

SHIRLEY LEACH
Executive Director
Board of Barbers

 

Subtitle 17 BOARD OF STATIONARY ENGINEERS

09.17.01 General Regulations

Authority: Business Occupations and Professions Article, §§6.5-205, 6.5-304, 6.5-305, and 6.5-306, Annotated Code of Maryland

Notice of Proposed Action

[17-048-P]

The Board of Stationary Engineers proposes to amend Regulation .02 under COMAR 09.17.01 General Regulations. This action was considered at a public meeting of the Board of Stationary Engineers held on November 15, 2016, notice of which was provided by posting on the Board’s website pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to remove an obsolete provision.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Robin Bailey, Executive Director, Mechanical Licensing Boards, Department of Labor, Licensing and Regulation, 500 North Calvert Street, Baltimore, MD 21202, or call 410-230-6160, or email to robin.bailey@maryland.gov, or fax to 410-244-0977. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Board of Stationary Engineers during a public meeting to be held on March 21, 2017, at 500 North Calvert Street, Third Floor, Baltimore, MD 21202.

.02 Application for Licensure.

[A.] An applicant who has successfully completed a license examination shall apply for licensure, and pay all applicable fees, within 2 years of successfully completing the license examination in order for the applicant’s test results to remain valid.

[B. An applicant who successfully completed a license examination more than 2 years before the effective date of this regulation shall apply for licensure, and pay all applicable fees, no later than December 31, 2013 in order for the applicant’s test results to remain valid.]

ROBIN BAILEY
Executive Director
Mechanical Licensing Boards

 

Subtitle 20 BOARD OF PLUMBING

09.20.02 Enforcement of the Plumbing Law by the Board

Authority: Business Occupations and Professions Article, §§12-205, 12-207, and 12-308, Annotated Code of Maryland

Notice of Proposed Action

[17-063-P]

The State Board of Plumbing proposes to amend Regulations .02 and .07 and repeal Regulation .11 under COMAR 09.20.02 Enforcement of the Plumbing Law by the Board. This action was considered at a public meeting of the State Board of Plumbing held on October 20, 2016, notice of which was provided by posting on the Board of Plumbing’s website pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to remove obsolete provisions pertaining to required training for apprentice plumbers and to clarify the license renewal cycle. The proposed action will also eliminate the provision setting forth an examination fee for certain license examinations.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Robin Bailey, Executive Director, Mechanical Licensing Boards, Department of Labor, Licensing, and Regulation, 500 North Calvert Street, Baltimore, Maryland 21202, or call 410-230-2160, or email to robin.bailey@maryland.gov, or fax to 410-244-0977. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Plumbing during a public meeting to be held on March 16, 2017, at 10:30 a.m., at 500 North Calvert Street, Third Floor, Baltimore, Maryland 21202.

.02 Required Training for Apprentice Plumbers.

A. (text unchanged)

[B. Hours worked by an individual not registered with the Board as an apprentice plumber may not be included towards the requisite 7,500 working hours of instruction and experience, unless the hours were worked before October 26, 1981.]

[C.] B.—[D.] C. (text unchanged)

.07 Applicants for Renewal of License.

A. All apprentice, journey, and master plumbers eligible for renewal shall renew their licenses [by May 1 of each odd-numbered year] every 2 years.

B.—C. (text unchanged)

MICHAEL J. KASTNER, JR.
Chair
State Board of Plumbing

 

Subtitle 21 BOARD OF ARCHITECTS

09.21.04 Fees

Authority: Business Occupations and Professions Article, §§3-101, 3-208,
3-209, 3-304, 3-306, 3-307, 3-309, 3-309.1, 3-309.2, 3-310, 3-405, 3-406, and 3-408; Business Regulation Article, §§2-106.1 and 2-106.2; Annotated Code of Maryland

Notice of Proposed Action

[17-052-P]

The Board of Architects proposes to amend Regulation .03 under COMAR 09.21.04 Fees. This action was considered by the Board of Architects at a public meeting held on October 26, 2016, notice of which was published on the website of the Department of Labor, Licensing and Regulation pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify that an applicant who intends to take or re-take one or more sections of the national architectural registration examination created by the National Council of Architectural Registration Boards (NCARB), shall pay the examination or re-examination fees (1) directly to NCARB; and (2) in an amount or amounts set by NCARB.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Steve Long, Executive Director, Board of Architects, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6262, or email to steve.long@marylannd.gov, or fax to 410-333-9923. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board of Architects during a public meeting to be held on March 22, 2017, at 10 a.m., at 500 N. Calvert Street, Baltimore, MD 21202.

.03 Fees and Costs.

A.—B. (text unchanged)

C. An applicant shall pay the [following] examination fees directly to NCARB [or its designee], as these fees are established by NCARB[:

(1) Programming, Planning, and Practice — $170;

(2) Site Planning and Design — $170;

(3) Building Design and Construction Systems — $170;

(4) Schematic Design — $170;

(5) Structural Systems — $170;

(6) Building Systems — $170;

(7) Construction Documents and Services — $170].

D. (text unchanged)

DIANE CHO
Chairman
Board of Architects

 

Subtitle 22 BOARD OF COSMETOLOGISTS

09.22.01 General Regulations

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

Notice of Proposed Action

[17-036-P]

The Board of Cosmetologist proposes to repeal existing Regulation .05, amend Regulations .11, .12, and .13, and recodify existing Regulations .06—.16 to be Regulations .05—.15 under COMAR 09.22.01 General Regulations. This action was considered at public meetings held on October 3, 2016 and December 5, 2016 notice of which was posted on the agency’s website, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to remove the makeup artist license, which is no longer a license category; remove requirements for non-English speakers, reading disabled and/or hearing impaired individuals for apprenticeships; add descriptions of the content of examinations for two new license categories (hair stylist and blow dry); and amend the regulation to reflect that the fees will paid directly to the testing service chosen by the Board to administer the examination and to add the fees for the blow dry and hair stylist licenses.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Shirley Leach, Executive Director, Board of Cosmetology, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6195, or email to shirley.leach2@maryland.gov, or fax to 410-555-1212. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Board of Cosmetologists during a public meeting to be held on April 3, 2017 at 10 a.m., at 500 N. Calvert Street, 3rd Floor, Baltimore, Maryland 21202.

[.11] .10 Apprenticeship Registration Requirements.

[A.] A person may be registered as an apprentice if the person:

[(1)] A.— [(4)] D. (text unchanged)

[B. Non-English-Speaking or Reading-Disabled Individuals. An individual who is non-English-speaking or who demonstrates dyslexia or other reading impairments shall participate in English comprehension or reading comprehension courses during the apprenticeship

C. Hearing-Impaired Individuals. Hearing-impaired individuals registered as apprentices shall participate in courses during the apprenticeship to allow them to understand directions, explanations, or needs of examiners and patrons.]

[.12] .11 Examinations.

A.—K. (text unchanged)

L. Contents of Blow Drying Examination.

(1) A blow drying examination shall consist of a theoretical portion and a practical portion.

(2) The theoretical portion of the blow drying examination shall consist of questions which embrace the subjects of beautifying, cleaning, and arranging hair found in cosmetology textbooks including, but not limited to, the following:

(a) Sanitation and disinfection;

(b) Disease and disorders;

(c) Arranging hair;

(d) Cleansing hair;

(e) Curling hair;

(f) Dressing hair;

(g) Blow drying hair;

(h) Singeing hair; and

(i) Beautifying hair.

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

(a) Arranging hair;

(b) Cleansing hair;

(c) Curling hair;

(d) Dressing hair;

(e) Blow drying hair;

(f) Singeing hair; and

(g) Beautifying hair.

M. Content of Hair Stylist Examination.

(1) A hair stylist examination shall consist of a theoretical and a practical portion.

(2) The Theoretical portion of the hair stylist examination shall consist of questions which embrace the subjects of the hair styling found in basic cosmetology textbooks, including, but not limited to, the following:

(a) Sanitation and disinfection;

(b) Chemical applications;

(c) Hair cutting and styling techniques;

(d) Diseases and disorders; and

(e) Laws and regulations regarding the practice of hair styling.

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

(a) Wet set or thermal curl set;

(b) Permanent cold wave;

(c) Chemical relaxing;

(d) Hair pressing;

(e) Croquignole curl;

(f) Bleach and tint;

(g) Blended haircut;

(h) Fingerwave;

(i) Pincurls; and

(j) Roller placement.

 [.13] .12 Fees.

A. Examination Fees. An applicant for examination or reexamination shall pay an examination or reexamination fee directly to the testing service chosen by the Board to develop or administer the examination.

[(1) The following examination fees shall be paid at the time a person files an application to take an examination:

(a) Senior cosmetologist ... $50;

(b) Cosmetologist ... $80;

(c) Esthetician ... $80;

(d) Nail technician ... $80.

 (2) The following examination fees shall be paid at the time a person files an application to retake a portion of an examination:

(a) Senior cosmetologist ... $50;

(b) Cosmetologist, nail technician, or esthetician:

 (i) Full exam ... $80;

(ii) Practical only ... $50;

(iii) Theory only ... $50;]

B. License, Permit, and Registration Fees. Except as provided in this subsection, the following fees shall be paid to the Board prior to the issuance or renewal of a license, permit, or registration:

(1)—(3) (text unchanged)

(4) [makeup artist] Blow dry … $25;

(5)—(6) (text unchanged)

(7) [Apprentice … $10.] Hair stylist …$25;

(8) Apprentice … $10.

C.—I. (text unchanged)

SHIRLEY LEACH
Executive Director
Board of Cosmetologist

Subtitle 23 BOARD FOR PROFESSIONAL ENGINEERS

09.23.04 Fees

Authority: Business Occupations and Professions Article, §§14-101, 14-207—14-209, 14-306, 14-310—14-312, 14-314—14-316, and 14-320; Business Regulation Article, §§2-106, 2-106.1, and 2-106.2; Annotated Code of Maryland.

Notice of Proposed Action

[17-053-P]

The Board for Professional Engineers proposes to amend Regulation .03 under COMAR 09.23.04.Fees. This action was considered by the Board for Professional Engineers at a public meeting held on October 13, 2016, notice of which was published on the website of the Department pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify that an applicant for a national licensing examination or reexamination shall pay the examination-or re-examination fees (1) directly to the National Council of Examiners for Engineering and Surveying (NCEES); and (2) in an amount or amounts set by the NCEES.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Steve Long, Executive Director, Board of Professional Engineers, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6262, or email to steve.long@maryland.gov, or fax to 410-962-8483. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board for Professional Engineers during a public meeting to be held on March 9, 2017, 10 a.m., at 500 N. Calvert Street, Third Floor Conference Room, Baltimore, MD 21202.

.03 Fees and Costs.

A. (text unchanged)

B. An applicant for the appropriate licensing examination shall pay the [following] examination or re-examination fees directly to the [Board or its designee] National Council of Examiners for Engineering and Surveying (NCEES), as these fees are established by [the National Council of Examiners of Engineers and Surveyors:

(1) Fundamentals of Engineering — $225;

(2) Principles and Practice of Engineering — $250; and

(3) Structural Engineering

(i) Lateral Forces — $410; and

(ii) Vertical Force — $410] NCEES.

C. — E. (text unchanged)

DR. STEVEN ARNDT, P.E.
Chairman
Board for Professional Engineers

Subtitle 29 BOARD OF FORESTERS

09.29.01 General Regulations

Authority: Business Occupations and Professions Article, §§7-206(a)(2) and 7-304, Annotated Code of Maryland

Notice of Proposed Action

[17-040-P]

The Board of Foresters proposes to repeal existing Regulations .01—.06 and adopt new Regulations .01—.05 under COMAR 09.29.01 General Regulations. This action was considered by the Board at a public meeting held on October 17, 2016, notice of which was published on the Board’s website, pursuant to General Provisions Article §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to eliminate language that duplicates existing provisions of Business Occupations and Professions Article, Title 7, Annotated Code of Maryland and regulations under COMAR 09.01.01, Department of Labor, Licensing and Regulation; and it also eliminates obsolete language and makes stylistic changes.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Dennis L. Gring, Executive Director, Board of Foresters, 500 N. Calvert Street, Third Floor, or call 410 230 6224, or email to dennis.gring@maryland.gov , or fax to 410 962-8482. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board of Foresters during a public meeting to be held on April 10, 2017, at 10 a.m., at 500 N. Calvert Street, Third Floor, Baltimore, MD 20136.

.01 Administrative Procedures of the Board.

A. The Board shall elect its officers at its July meeting.

B. Hearings. The regulations set forth in COMAR 09.01.02 shall govern hearings before the Board.

.02 Application for Licensing.

A. Only the experience of the applicant in practicing forestry that was gained after the completion of the educational requirements under Business Occupations and Professions Article, §7-304(b), Annotated Code of Maryland shall be considered by the Board.

B. An application shall contain:

(1) Statements made under oath showing the applicant’s education, including the applicant’s official college transcript;

(2) A detailed summary of the applicant’s experience in practicing forestry that was obtained after the completion of the educational requirements under Business Occupations and Professions Article, §7-304(b), Annotated Code of Maryland; and

(3) At least five signed references to indicate endorsement of the applicant, of which three or more shall be foresters having personal or professional knowledge of the applicant’s forestry experience.

.03 Procedures Governing Licensing.

A. Seal. The seal shall be affixed on all plans, maps, reports and specifications prepared by the licensee, pursuant to the requirements of Business Occupations and Professions Article, §§7-401 and 7-402, Annotated Code of Maryland.

B. A suspended, revoked or expired license may not be displayed in any public office or place of business by any licensee in connection with the practice of forestry.

C. The Board shall issue a new license to replace any license destroyed or mutilated upon receipt by the Board of a written request.

D. A licensee may display the title “Maryland Licensed Forester” any manner consistent with the practice of forestry.

.04 Code of Professional Conduct.

A. A licensee shall advocate and practice forest management consistent with ecologically sound principles.

B. Knowledge and Skills. A licensee shall:

(1) Use knowledge and skills for the benefit of the public.

(2) Strive for accurate, current, and increasing knowledge of forestry.

(3) Communicate knowledge, when it is not confidential, and challenge and correct untrue statements about forestry.

C. Advertisements. A licensee:

(1) Shall advertise only in a dignified and truthful manner.

(2) Shall state services the licensee is qualified and prepared to perform.

(3) May include references to fees charged.

D. Public Comment. A licensee:

(1) Shall make public comment on forestry matters based upon accurate knowledge.

(2) May not distort or withhold pertinent information to substantiate a point of view.

(3) Shall indicate on whose behalf statements are made before commenting on forest policies and practices.

E. Services. A licensee:

(1) Shall perform services consistent with the highest standards of quality;

(2) Shall perform only those services for which the licensee is qualified by education or experience, or both;

(3) May not accept compensation or expenses from more than one employer for the same service unless the parties involved are informed and consent;

(4) Shall engage, or advise the licensee’s employer to engage, other experts and specialists in forestry or related fields if the employer’s interest would be best served by this action;

(5) Shall work cooperatively with other professionals;

(6) Shall give credit for the methods, ideas, or assistance obtained from others; and

(7) In competition for supplying forestry services, shall encourage the prospective employer to base selection on comparison of qualifications and negotiation of fee or salary.

F. A licensee who is asked to participate in forestry operations which deviate from accepted professional standards shall advise the employer in advance of the consequences of this deviation.

G. A licensee may not voluntarily disclose information concerning the affairs of the licensee’s employer without the employer’s express permission.

H. A licensee shall avoid conflicts of interest or even the appearance of these conflicts. If, despite this precaution, a conflict of interest is discovered, the licensee shall promptly and fully disclose the conflict to the licensee’s employer, and the licensee shall be prepared to act immediately to resolve the conflict.

I. A licensee may not, by false statements or dishonest action, injure the reputation or professional associations of another licensee.

J. Information submitted by a licensee about a candidate for a prospective position, award, or elected office shall be accurate, factual, and objective.

K. A licensee having evidence of a violation of Business Occupations and Professions Article, Title 7, Annotated Code of Maryland, or the regulations contained in this chapter, by another licensee shall present the information and complaints to the Board.

.05 Continuing Education.

A. Continuing Education Requirements.

(1) An applicant for license renewal shall complete, prior to submitting an application, a least 8 credit hours of qualifying continuing education in each 2-year license term.

(2) The continuing education requirement does not apply to the first renewal of a license by a licensee.

 B. Qualifying continuing education shall be in technical forestry or forestry-related subject matter given by:

(1) The Department of Natural Resources Forest Service;

(2) The Maryland Department of Agriculture, Forest Pest Division or Soil Conservation District;

(3) The University of Maryland Extension, Natural Resources;

(4) The United States Department of Agriculture, Forest Service;

(5) The Society of American Foresters;

(6) A college or university accredited by the Society of American Foresters;

(7) A course certified by the Society of American Foresters’ Continuing Forestry Education program;

(8) The Association of Consulting Foresters;

(9) The International Society of Arboriculture; or

(10) Other continuing education approved by the Board.

C. Credit for continuing education accrues at a rate of 1 hour for:

(1) Each 50 minutes of actual classroom activity; or

(2) 3 hours of tour or field session activity.

D. A licensee, upon notification of audit of the continuing education reported on the license renewal application shall provide the following information:

(1) Name of provider;

(2) Name of course;

(3) Number of hours; and

(4) Dates attended.

E. Verification.

(1) The Board may verify, on a random basis, satisfactory completion of the requirements of this regulation.

(2) A licensee shall retain the evidence to verify the satisfactory completion of the requirements of this regulation for a period of at least 2 years.

F. The Board may grant an additional period of time within which the deficiencies in satisfying the continuing education requirement may be corrected.

G. Continuing education hours may not be carried over from one licensing period to the next.

WADE DORSEY
Chairman
Board of Foresters

 

Subtitle 34 OFFICE OF CEMETERY OVERSIGHT

09.34.01 Registration and Permit Requirements

Authority: Business Regulation Article, §§5-204, 5-301—5-308, and 5-401—5-405, Annotated Code of Maryland

Notice of Proposed Action

[17-029-P]

The Office of Cemetery Oversight proposes to amend Regulation .05 under COMAR 09.34.01 Registration and Permit Requirements. This action was considered at a public meeting conducted by the Office of Cemetery Oversight on October 27, 2016 notice of which was given by publication in “The Daily Record” on October 17, 2016 and on the Office of Cemetery Oversight website from October 21, 2016 through October 27, 2016, pursuant to General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to delete the requirement that an applicant report on his or her application for a registration whether the applicant has been convicted of any drug offense committed after January 1, 1991.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action will decrease the cost of applying for a registration for applicants who have been convicted of a drug offense committed after January 1, 1991 since they will no longer be required to provide charging documents which were issued and docket entries for such convictions.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure
(E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

No need to provide some criminal records

(+)

Minimal

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

D. Applicants who have drug offenses committed after January 1, 1991 would no longer have to provide copies of charging documents and docket entries to the Office when filing an application.

 

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, Acting Director, Office of Cemetery Oversight, 500 N. Calvert Street, 3rd Floor, Baltimore, MD 21202, or call 410-230-6228, or email to deborah.rappazzo@maryland.gov, or fax to 410-333-6314. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Office of Cemetery Oversight during a public meeting to be held on March 23, 2017 at 10 a.m., at 500 N. Calvert Street, Baltimore, MD 21202.

.05 Registration—Requirements for Initial Registration of Individuals Who Operate Cemeteries or Provide Burial Goods.

A.—B. (text unchanged)

C. Additional Requirements.

(1) An individual applying for initial registration 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 application is being made ever denied, suspended, or revoked by Maryland or any jurisdiction;

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

[(c) Been convicted of any drug offense committed after January 1, 1991;]

[(d)] (c)— [(g)] (f) (text unchanged)

(2) (text unchanged)

D.—E. (text unchanged)

DEBORAH RAPPAZZO
Acting Director
Office of Cemetery Oversight

 

Subtitle 34 OFFICE OF CEMETERY OVERSIGHT

09.34.01 Registration and Permit Requirements

Authority: Business Regulation Article, §§ 5-204, 5-301-5-308, and 5-401 through 5-405, Annotated Code of Maryland

Notice of Proposed Action

[17-030-P]

The Office of Cemetery Oversight proposes to amend Regulation .06 under COMAR 09.34.01 Registration and Permit Requirements. This action was considered at a public meeting conducted by the Office of Cemetery Oversight on October 27, 2016 notice of which was given by publication in “The “Daily Record” on October 17, 2016 and on the Office of Cemetery Oversight website http://www.dllr.maryland.gov/license/cemmin.shtml from October 21, 2016 through October 27, 2016, pursuant to General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to delete the requirement that an applicant submit a certificate of good standing from the Department of Assessments and Taxation and require, instead, that the applicant be good standing with the Department of Assessments and Taxation, as determined by the Director.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. Regulated cemeteries, monument dealers and crematories, who are applicants for registration or permitting by the Office of Cemetery Oversight, will no longer be required to provide a Certificate of Good Standing from the Department of Assessments and Taxation, at a cost of $40.00 to the applicant. The Office of Cemetery Oversight will verify good standing with the Department of Assessments and Taxation, as part of its normal operations, via that Department’s website.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

Cemeteries, Monument Dealers and Crematories

(+)

$40

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

D. Regulated cemeteries, Monument Dealers and Crematories will no longer have to purchase a Certificate of Goods Standing from the Department of Assessments and Taxation at a cost of $40.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small business. An analysis of this economic impact follows. The applicant will no longer be required to provide a Certificate of Good Standing from the Department of Assessments and Taxation, at a cost of $40.00 to the applicant, to the Office of Cemetery Oversight. The Office of Cemetery Oversight, as part of its normal operations, will verify an applicant’s good standing with the Department of Assessments and Taxation via that Department’s website.

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, Acting Director, Office of Cemetery Oversight, 500 N. Calvert Street, 3rd Floor, Baltimore, MD 21202, or call 410-230-6228, or email to deborah.rappazzo@maryland.gov, or fax to 410-333-6314. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

 

Open Meeting

Final action on the proposal will be considered by Office of Cemetery Oversight during a public meeting to be held on March 23, 2017 at 10 a.m., at 500 N. Calvert Street, Baltimore, MD 21202.

.06 Business Application—Financial Stability.

A. (text unchanged)

B. To determine financial stability of each category of affiliated cemetery or burial goods business, the responsible party shall:

(1) (text unchanged)

(2)[Submit a certificate of good standing, issued by the Maryland Department of Assessments and Taxation, or its equivalent as determined by the Director, and dated not earlier than 30 days before the application] Be in good standing with the Maryland Department of Assessments and Taxation or have an equivalent status, as determined by the Director;

(3)—(4) (text unchanged)

C.—M. (text unchanged)

DEBORAH RAPPAZZO
Acting Director
Office of Cemetery Oversight

 

Subtitle 34 OFFICE OF CEMETERY OVERSIGHT

09.34.02 Perpetual Care

Authority: Business Regulation Article, §§5-204 [and], 5-605, and 5-606, Annotated Code of Maryland

Notice of Proposed Action

[17-028-P]

The Office of Cemetery Oversight proposes to amend Regulation .03 under COMAR 09.34.02 Perpetual Care. This action was considered at a public meeting conducted by the Office of Cemetery Oversight on October 27, 2016 notice of which was given by publication in “The “Daily Record” on October 17, 2016 and on the Office of Cemetery Oversight website http://www.dllr.maryland.gov/license/cemmin.shtml from October 21, 2016 through October 27, 2016, pursuant to General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to delete obsolete language and require the perpetual care trust report to comply with the requirements of Business Regulation Article, §5-606, Annotated Code of Maryland.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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, Acting Director, Office of Cemetery Oversight, 500 N. Calvert Street, 3rd Floor, Baltimore, MD 21202, or call 410-230-6226, or email to deborah.rappazzo@maryland.gov, or fax to 410-333-6314. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Office of Cemetery Oversight during a public meeting to be held on March 23, 2017, at 500 N. Calvert Street, Baltimore, MD 21202.

.03 Perpetual Care Report.

The perpetual care trust report shall comply with the requirements of §5-606, Business Regulation Article, Annotated Code of Maryland.

[A. Each sole proprietor registered cemeterian or permit holder subject to the perpetual care trust requirements of Business Regulation Article, Title 5, Subtitle 6, Annotated Code of Maryland, shall file a perpetual care trust fund report with the Director of the Office of Cemetery Oversight within 120 days after the close of each calendar or other fiscal year chosen by the sole proprietor registered cemeterian or permit holder.

B. The perpetual care trust fund report shall:

(1) Be on the form that the Director requires and include:

(a) The name of the sole proprietor registered cemeterian or permit holder;

(b) Each location of the sole proprietor registered cemeterian or permit holder;

(c) The amount of money in each perpetual care trust fund at the beginning of the calendar or other fiscal year chosen by the sole proprietor registered cemeterian or permit holder;

(d) The amount of money that the sole proprietor registered cemeterian or permit holder received during that year that is subject to the trust requirements of Business Regulation Article, Title 5, Subtitle 6, Annotated Code of Maryland;

(e) The amount of money actually deposited into each perpetual care trust fund in that year;

(f) The amount of money spent from the perpetual care trust fund during that year to provide care, maintenance, administration, and embellishment of each cemetery, except for money used for the care of monuments and memorials;

(g) The name and address of each trustee;

(h) If an individual trustee, proof of a fidelity bond from a recognized bonding institution, authorized to do business in the State, in an amount at least equal to the trust fund, and which meets the requirements of Business Regulation Article, Title 5, Subtitle 6, Annotated Code of Maryland; and

(i) If not previously submitted, a copy of the current written trust agreement between the sole proprietor registered cemeterian or permit holder and the trustee whose terms conform to Business Regulation Article, Title 5, Subtitle 6, Annotated Code of Maryland.

(2) Be certified as to correctness by a certified public accountant retained by the cemetery;

(3) Be accompanied by a trustee’s summary statement of assets; and

(4) Be accompanied by a fee of $25.]

DEBORAH RAPPAZZO
Acting Director
Office of Cemetery Oversight

 

Subtitle 35 ELEVATOR SAFETY REVIEW BOARD

09.35.04 Continuing Professional Competency

Authority: Public Safety Article, §12-833, Annotated Code of Maryland

Notice of Proposed Action

[17-035-P]

The Elevator Safety Review Board proposes to repeal existing Regulation .10 under COMAR 09.35.04 Continuing Professional Competency. This action was considered at a public meeting of the Board held on October 28, 2016, notice of which was given on the Elevator Safety Review Board website http://www.dllr.state.md.us/license/elev/ from September 27 through October 28, 2016, pursuant to General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to eliminate the phase-in provision for the completion of Continuing Professional Competency credits required for licensure renewal since these dates are now obsolete.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Robin Bailey, Executive Director, Elevator Safety Review Board, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6160, or email to robin.bailey@maryland.gov, or fax to 410-244-0977. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Elevator Safety Review Board during a public meeting to be held on April 28, 2017 at 10 a.m., at 500 N. Calvert Street, Baltimore, MD 21202.

ROBIN BAILEY
Executive Director
Mechanical Licensing Boards

 

Subtitle 36 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS — HOME INSPECTORS

09.36.02 Work Experience Requirements

Authority: Business Occupations and Professions Article, §§16-216 and
16-3A-02, Annotated Code of Maryland

Notice of Proposed Action

[17-046-P]

The Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors proposes to repeal Regulation .01 under COMAR 09.36.02 Work Experience Requirements. This action was considered at a public meeting of the Commission held on October 11, 2016, notice of which was given in 43:20 Md. R. 1152 (September 30, 2016) pursuant to General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to repeal obsolete work experience requirements for individuals seeking a home inspector license prior to July 1, 2002. The regulation was adopted to establish acceptable work experience requirements pursuant to Business Occupations and Professions Article, Annotated Code of Maryland, Article §16-3A-02.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Patricia Schott, Executive Director, Commission of Real Estate Appraisers, Appraisal Management Companies and Home Inspectors, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6165, or email to patricia.schott@maryland.gov, or fax to 410-333-6314. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Commission of Real Estate Appraisers, Appraisal Management Companies and Home Inspectors during a public meeting to be held on April 11, 2017, at 500 N. Calvert Street, Third Floor, Baltimore, MD 21202.

PATRICIA SCHOTT
Executive Director
Commission of Real Estate Appraisers, Appraisal
Management Companies, and Home Inspectors

 

Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Notice of Proposed Action

[17-061-P]

The Secretary of Health and Mental Hygiene proposes to:

(1) Adopt new Regulations .01—.11 under a new chapter, COMAR 10.01.01 Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages; and

(2) Amend Regulation .02 under COMAR 10.27.01 Examination and Licensure.

This action was considered and approved by the Board of Nursing at its regular meeting on June 22, 2016, notice of which was placed on the Board’s website on May 1 and June 1, 2016, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend the Board of Nursing’s fee schedule to add the preceptor fund assessment for each Certified Registered Nurse Practitioner (NP) who renews their certification. The fees collected will fund the Nurse Practitioner Preceptorship Tax Credit Fund established under Senate Bill 411/HB 1494, 2016 Legislative session: Income Tax Credit for Preceptors in Areas with Health Care Workforce Shortage. Incidental to the amendment, clarifying changes are added and the annual fee schedule is repealed because everyone regulated by the Board is now on a biennial renewal fee schedule.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The Nurse Practitioner (CRNP) renewal is a total of $171. The $15 preceptorship surcharge is a small percentage of the overall renewal fee. The tax benefit exists for Nurse Practitioners therefore this is not a substantial economic impact to professional Nurse Practitioners.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

 

 

(1)

(R+)

$45,000

(2)

(E+)

$21,000—$57,000 revenue transferred to State Fund

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) Nurse Practitioners

(-)

$45,000

(2) Nurse Practitioner or Licensed Physician

(+)

$21,000—$57,000

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

Indeterminable

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

A(1) and D(1). Every Nurse Practitioner who renews an advanced practice certification must pay the $15 biennial assessment as required by Health Occupations Article, §8-026, Annotated Code of Maryland. There are approximately 3,000 nurse practitioners who renew their licenses every year. 3,000 x $15 = $45,000.

A(2) and D(2). Based on the Health Resources and Service Administration (HRSA) database warehouse, as of 2015 Maryland had 32 primary care provider (PCP) HPSA across 16 jurisdictions, 46 MUA across 19 jurisdictions, 13 MUP across 7 jurisdictions. At an estimate of 1 preceptors per jurisdiction and at the minimum required rotation, the yearly allocated funds will be between $21,000 - $57,000. This money is placed into the Nurse Practitioner Preceptorship Tax Credit Fund and the returned as a tax credit to those who apply for a credit certificate and are approved.

F. It is anticipated that the indirect effect will attract more physicians or NPs to precept student NPs in health care workforce shortage areas with a resultant increase in primary care providers. Research has shown that NPs often stay in the area where they do their clinical training.

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 Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

 

Subtitle 01 PROCEDURES

10.01.01 Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages

Authority: Tax–General Article, §§10–737 and 10–738; Education Article, §18–803(b)(1) and (2), (e)(2) and (3); and Health Occupations Article,
§8–206(b), Annotated Code of Maryland

.01 Purpose and Effective Date.

A. Effective July 1, 2016, there is an income tax credit for nurse practitioners and physicians that serve as preceptors in health care workforce shortage areas.

B. This chapter describes the procedures used by the Secretary of Health and Mental Hygiene to monitor, evaluate eligibility, and issue income tax credits for nurse practitioners and physicians that serve as preceptors in health care workforce shortage areas.

.02 Definitions.

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

B. Terms Defined.

(1) “Applicant” means an individual:

(a) Who has submitted an application to the Department for an income tax credit for serving as a preceptor; and

(b) Whose status for receipt of a tax credit has not yet been determined.

(2) “Board” means the State Board of Nursing.

(3) “Department” means the Department of Health and Mental Hygiene.

(4) “Health care workforce shortage area” means:

(a) A health professional shortage area;

(b) A medically underserved area;

(c) A medically underserved population;

(d) Federally designated rural areas;

(e) State defined shortage areas;

(f) State defined rural areas; or

(g) Other areas defined as in need by the Secretary of Health and Mental Hygiene or Governor or as otherwise determined by the Department in consultation with the Governor’s Workforce Development Board.

(5) “Health Personnel Shortage Incentive Program” means grants to eligible institutions offering educational programs leading to licensure, certification or registration in health occupations determined to be in short supply.

(6) “Health Professional Shortage Area” means an area as defined by the Health Resources and Services Administration as having too few primary medical care providers, dental care providers, or mental health care providers either by geographic, demographic, or institutional comprehensive health center, federally qualified health center, or public facility.

(7) “Income tax credit” means a nonrefundable credit against State income tax.

(8) “Licensed physician” means an individual who is licensed to practice medicine under Health Occupations Article, Title 14, Annotated Code of Maryland.

(9) “Medically Underserved Area” means an area designated by the Health Resources and Services Administration as having:

(a) Too few primary care providers;

(b) High infant mortality;

(c) High poverty;

(d) High elderly population; or

(e) A combination of §B(8)(a)—(d) of this regulation.

(10) “Medically Underserved Population” means a population designated by the Health Resources and Services Administration as having:

(a) Too few primary care providers;

(b) High infant mortality;

(c) High poverty;

(d) High elderly population; or

(e) A combination of §B(9)(a)—(d) of this regulation.

(11) “Nurse practitioner” has the meaning stated in Health Occupations Article, §8-101, Annotated Code of Maryland.

(12) “Nurse Practitioner Preceptor Tax Credit Fund” means a special non-lapsing fund created by a $15 biennial increase in Nurse Practitioner license fee.

(13) “Office of Student Financial Assistance” means the financial office that holds the Health Personnel Shortage Incentive Program.

(14) “Preceptorship program” means an organized system of clinical experience that, for the purpose of attaining specified learning objectives, pairs:

(a) An enrolled student of a liaison committee on medical education-accredited medical school in the State or an individual in a postgraduate medical training program in the State with a licensed physician who meets the qualifications as a preceptor; or

(b) A nurse practitioner student enrolled in a nursing education program that is recognized by the Board with a nurse practitioner or licensed physician who meets the qualifications as a preceptor.

(15) “Rotation” means a period of preceptorship greater than or equal to 160 hours between a student and a licensed physician or nurse practitioner.

(16) “Secretary” means the Secretary of Health and Mental Hygiene.

(17) “Taxable year” means the annual accounting period for keeping records and reporting income and expenses that starts on January 1 and ends on December 31 of the same year.

.03 Eligibility.

A. A licensed physician is eligible for an income tax credit if the individual served without compensation as a:

(1) Physician preceptor in a physician preceptorship program authorized by an accredited medical school in the State and worked:

(a) A minimum of three rotations, each consisting of 160 hours of community-based clinical training; and

(b) In a health care workforce shortage area; or

(2) Preceptor in a preceptorship program approved by the State Board of Nursing and worked:

(a) A minimum of three rotations, each consisting of 160 hours of community-based clinical training; and

(b) In a health care workforce shortage area.

B. A nurse practitioner is eligible for an income tax credit if the individual served without compensation as a preceptor in a preceptorship program approved by the Board and worked:

(1) A minimum of three rotations, each consisting of 160 hours of community-based clinical training; and

(2) In a health care workforce shortage area.

.04 Application and Application Process.

A. Applicant.

(1) An applicant shall submit:

(a) A completed application to the Department on the form designated by the Department that includes responses to applicable questions; and

(b) Supporting documentation required by the Department.

(2) An applicant may voluntarily withdraw the application without prejudice.

(3) An applicant may submit a new application subject to §C of this regulation.

B. The Department shall:

(1) Approve applications on a:

(a) Rolling basis; and

(b) First-come, first-served basis;

(2) Approve the application if the:

(a) Application is complete; and

(b) Applicant is determined to be eligible;

(3) Disapprove the application if the:

(a) Application is incomplete;

(b) Applicant fails to provide sufficient information or documentation to determine eligibility; or

(c) Applicant provides the appropriate documentation but is determined ineligible; and

(4) Provide the applicant with written notice of the final disposition of the application within 45 calendar days.

C. The Department shall receive applications by January 5 of the taxable year following the taxable year during which the rotation was completed.

 

.05 Verification and Audit of Income Tax Credits.

A. The Department may:

(1) Request from an applicant or preceptor additional information to verify statements in an application for an income tax credit; and

(2) Use independent verification, such as a preceptor list and preceptor completion letters received by the medical and nursing schools, to verify information reported on an application for an income tax credit.

B. The Comptroller shall retain its audit authority under Tax-General Article, Annotated Code of Maryland.

.06 Income Tax Credits.

A. Upon approval of an application, the Department shall issue an income tax credit certificate in the amount of $1,000 for each student for whom the nurse practitioner or licensed physician served as a preceptor for 160 hours without compensation.

B. Income tax credits shall be issued for the taxable year during which the nurse practitioner or licensed physician served as a preceptor without compensation.

C. The total amount of an income tax credit allowed for an individual in a taxable year may not exceed the:

(1) Maximum credit amount of $10,000; or

(2) State income tax imposed for that individual for that taxable year.

D. Any unused amount of an income tax credit for a taxable year may not be carried over to any other taxable year.

.07 Nurse Practitioner Preceptorship Tax Credit Fund.

A. The purpose of the Nurse Practitioner Preceptorship Tax Credit Fund is to offset the costs of the income tax credit for nurse practitioner preceptors.

B. The Fund is:

(1) A special continuing, non-lapsing fund pursuant to Tax-General Article, §10-738, Annotated Code of Maryland; and

(2) Not subject to the State Finance and Procurement Article, §7-302, Annotated Code of Maryland.

C. The Fund consists of:

(1) Revenue distributed to the Fund under Health Occupations Article, §8-206, Annotated Code of Maryland;

(2) Money appropriated in the State budget to the Fund; and

(3) Any other money from any other source accepted for the benefit of the Fund.

D. Except when the Comptroller transfers an amount equal to an income tax credit certificate issued from the Fund to the General Fund of the State, pursuant to Tax-General Article, §10-738, Annotated Code of Maryland, money credited or appropriated to the Fund will remain in the Fund.

.08 Physician Preceptorship Income Tax Credits.

Each year an amount not exceeding $100,000 of the unspent portion of the money that is transferred to the Office of Student Financial Assistance for use for the Health Personnel Shortage Incentive Grant Program may be transferred to or revert to the General Fund of the State in order to offset the costs of the income tax credit for physician preceptors.

.09 Limits and Excess Amounts.

A. The amount of income tax credit stated in the income tax credit certificate may not exceed $10,000 for any individual in any taxable year.

B. Physician Preceptorship Program.

(1) The Department may not issue more than $100,000 in income tax credit certificates for each taxable year.

(2) If the aggregate amount of income tax credit certificates issued during a taxable year totals less than $100,000, the excess amount may be issued for income tax credit certificates in the next taxable year.

C. Nurse Practitioner Preceptorship Program Fund.

(1) The total amount of income tax credit certificates issued by the Department shall be the lesser of:

(a) The total funds in the Nurse Practitioner Preceptorship Tax Credit Fund for that year; or

(b) $100,000.

(2) Any excess amount of income tax credits for a taxable year may be issued under income tax credit certificates in the next taxable year.

.10 Responsibilities of the Comptroller.

On notification that an income tax credit certificate has been issued by the Department, the Comptroller shall transfer an amount equal to the income tax credit amount stated in the income tax credit certificate from the Nurse Practitioner Preceptorship Tax Credit Fund to the General Fund.

.11 Expiration of Program.

A. This chapter remains in effect until the first of either occurrence:

(1) Funding for income tax credits ceases to be available; or

(2) June 30, 2021.

B. In the event that funding is not available, unless otherwise provided by law, the Department shall issue final income tax credits based on available funds.

 

Subtitle 27 BOARD OF NURSING

10.27.01 Examination and Licensure

Authority: Health General Article, §§ 8-205 and 8-312; Tax-General Article, §10-738, Annotated Code of Maryland

.02 Fees.

A.—C. (text unchanged)

[D. Annual Renewal Fees.

(1) Annual renewal fees shall apply only to registered or licensed practical nurses who are required to renew annually on or before December 31, 2013, in accordance with Regulation .12A(1) and (2) of this chapter.

(2) Annual renewal fees are as follows:

(a) Annual renewal for a registered or licensed practical nurse — $55;

(b) Registered nurse and licensed practical nurse volunteer license — $20;

(c) Inactive license renewal for registered or licensed practical nurse — $20; and

(d) Advanced practice certification renewal fees are in addition to the registered nurse renewal fee:

(i) Renewal of each registered nurse certification in advanced practice — $5; and

(ii) Certificate renewal for forensic nurse examiner or workers’ compensation medical case manager — $5.]

[E.] D. Biennial renewal fees are as follows:

(1)—(4) (text unchanged)

(5) Advanced Practice certification [renewal] and specialty nursing certification renewal fees are in addition to the registered nurse renewal fee and are as follows:

(a) Renewal of each registered nurse certification in Advanced Practice — $10; [and]

(b) Certificate renewal for specialty areas regulated by the Board:

(i) (text unchanged)

(ii) Workers’ compensation medical case manager — $10[.]; and

(c) Nurse practitioners (NP), in addition to the registered nurse and advanced practice renewal fees, the Nurse Practitioner Preceptorship Tax Credit Fund fee — $15.

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

VAN T. MITCHELL
Secretary of Department of Health and Mental Hygiene

 

Subtitle 44 BOARD OF DENTAL EXAMINERS

10.44.23 Unprofessional Conduct

Authority: Health Occupations Article, §§4-205(c)(3) and 4-315(a)(16) and (b)(3), Annotated Code of Maryland

Notice of Proposed Action

[17-037-P-I]

The Secretary of Health and Mental Hygiene proposes to adopt new Regulations .01 and .02, amend and recodify existing Regulation .01 to be Regulation .03, and recodify existing Regulation .02 to be Regulation .04 under COMAR 10.44.23 Unprofessional Conduct. This action was considered by the Board of Dental Examiners at a public meeting held on October 5, 2016 notice of which was given under the Notice of Public Meetings link on the Board’s website pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to require dentists to comply with the Principles of Ethics and Code of Professional Conduct (American Dental Association, With official advisory opinions revised to September 2016), and require dental hygienists to comply with the Code of Ethics for Dental Hygienists (American Dental Hygienists’ Association, June 23, 2014). This comports with Health Occupations Article, §4-315(a)(16), Annotated Code of Maryland, which prohibits a dentist from violating a professional code of ethics pertaining to the dentistry profession, and Health Occupations Article, §4-315(b)(3), Annotated Code of Maryland, which prohibits a dental hygienist from violating a professional code of ethics pertaining to the dental hygiene profession. In addition, the proposal provides that it shall constitute unprofessional conduct for a dentist to fail to comply with the requirements of the Prescription Drug Monitoring Program as established in Health-General Article, Title 21, Subtitle 2A, Annotated Code of Maryland, and COMAR 10.47.07.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 21, 2017. 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, (1) Principles of Ethics and Code of Professional Conduct (American Dental Association, with official advisory opinions revised to September 2016); and (2) Bylaws — Code of Ethics (for Dental Hygienists), (American Dental Hygienists’ Association, June 23, 2014) 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 44:1 Md. R. 9 (January 6, 2017), and is available online at www.dsd.state.md.us. These documents may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

.01 Definition.

A. In this chapter, the following term has the meaning indicated.

B. Term Defined. “Legitimate patient” means a patient who has an existing written dental record or who has one created within 72 hours of the patient’s first communication with the dentist.

.02 Incorporation by Reference.

In this chapter, the following documents are incorporated by reference.

A. Principles of Ethics and Code of Professional Conduct (American Dental Association, With official advisory opinions revised to September 2016).

B. Bylaws — Code of Ethics (for Dental Hygienists), (American Dental Hygienists’ Association, June 23, 2014).

[.01] .03 Unprofessional or Dishonorable Conduct.

[A. Definition.

(1) In this regulation, the following term has the meanings indicated.

(2) Term defined. “Legitimate patient” means a patient who has an existing written dental record or who has one created within 72 hours of the patient’s first communication with the dentist.]

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

D. Dentists.

(1) In addition to the requirements stated in §§A—C of this regulation, a dentist shall comply with the Principles of Ethics and Code of Professional Conduct.

[E.] (2) It shall constitute unprofessional and dishonorable conduct for a dentist to:

[(1)] (a)[(3)] (c) (text unchanged)

[(4)] (d) Sell, prescribe, trade, give away, or administer a prescription drug for any illegal or illegitimate purpose; [and]

[(5)] (e) Treat family members or staff differently than any other patient by:

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

[(b)] (ii) Not adhering to all record retention requirements in accordance with Health General Article, §4-403, Annotated Code of Maryland; and

(f) Fail to comply with the requirements of the Prescription Drug Monitoring Program as established in Health-General Article, Title 21, Subtitle 2A, Annotated Code of Maryland, and COMAR 10.47.07.

E. Dental Hygienists. In addition to the requirements stated in §§A—C of this regulation, a dental hygienist shall comply with the Bylaws — Code of Ethics (for Dental Hygienists).

VAN T. MITCHELL
Secretary of Health and Mental Hygiene

 

Subtitle 58 BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS

10.58.16 Behavior Analyst Advisory Committee

Authority: Health Occupations Article, §1–606 and Title 17, Subtitle 6A, Annotated Code of Maryland

Notice of Proposed Action

[17-039-P]

The Secretary of Health and Mental Hygiene proposes to adopt new Regulations .01—.18 under new chapter, COMAR 10.58.16 Behavior Analyst Advisory Committee. This action was considered at a public meeting on April 15, 2016, notice of which was given by publication on the Board’s website at http://dhmh.maryland.gov/bopc/Pages/index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to adopt regulations governing the practice of behavior analysis and establishing the Behavior Analyst Advisory Committee under the Board of Professional Counselors and Therapists.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 21, 2017. A public hearing has not been scheduled.

.01 Scope.

This chapter governs the practice of behavior analysis.

.02 Definitions.

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

B. Terms Defined.

(1) “Board” means the Board of Professional Counselors and Therapists.

(2) “Board-certified assistant behavior analyst” means an individual who:

(a) Is credentialed by the Behavior Analyst Certification Board or a successor organization; and

(b) Practices under the supervision of a licensed behavior analyst in accordance with the Behavior Analyst Certification Board’s description of the role and functions of a board-certified assistant behavior analyst and supervision requirements.

(3) “Board-certified behavior analyst” means an individual credentialed by the Behavior Analyst Certification Board or a successor organization.

(4) “Committee” means the Behavior Analyst Advisory Committee.

(5) “License” means a license issued by the Board to practice behavior analysis.

(6) “Licensed behavior analyst” means a behavior analyst licensed by the Board to practice behavior analysis.

(7) “Paraprofessional” means an individual who:

(a) Practices behavior analysis under the supervision of a licensed behavior analyst in accordance with requirements set by the Behavior Analyst Certification Board; and

(b) Is not a board-certified assistant behavior analyst; and

(c) May be a registered behavior technician.

(8) Practice Behavior Analysis.

(a) “Practice behavior analysis” means to design, implement, and evaluate systematic instructional and environmental modifications to produce socially significant improvements in human behavior.

(b) “Practice behavior analysis” includes:

(i) The empirical identification of functional relations between behavior and environmental factors, also known as functional assessment and analysis; and

(ii) Interventions based on scientific research and the direct observation and measurement of behavior and environment.

(c) “Practice behavior analysis” does not include:

(i) Psychological testing;

(ii) Diagnosis of a mental or physical disorder;

(iii) Neuropsychology;

(iv) Psychotherapy;

(v) Cognitive therapy;

(vi) Sex therapy;

(vii) Psychoanalysis or hypnotherapy; or

(viii) Counseling.

(9) “Registered behavior technician” means an individual who:

(a) Is credentialed as a registered behavior technician by the Behavior Analyst Certification Board or a successor organization; and

(b) Practices behavior analysis under the close, ongoing supervision of a licensed behavior analyst in accordance with requirements set by the Behavior Analyst Certification Board.

(10) “Supervisee” means an individual who implements behavior analytic assessment or intervention procedures under the supervision of a licensed behavior analyst. Supervisees include, but are not limited to:

(a) Board-Certified Assistant Behavior Analysts;

(b) Paraprofessionals;

(c) Matriculated undergraduate or graduate students engaging in behavior analytic activities to fulfill requirements for coursework, practica, internships, theses, dissertations, graduate assistantships, or independent study; and

(d) Non-students who are completing the supervised experiential training eligibility requirement for certification by the Behavior Analyst Certification Board.

(11) “Supervision” means the ongoing monitoring of implementation quality, the frequency of which should be based on the supervisee’s training, competence, and experience and the nature of the assessment or intervention procedures delegated to the supervisee.

(12) “Supervisor” means a licensed behavior analyst who provides supervision to a supervisee.

.03 Behavior Analyst Advisory Committee.

A. The Board shall appoint members of the committee as follows:

(1) On or before December 31, 2014, four behavior analysts who:

(a) Are credentialed by the Behavior Analyst Certification Board as board-certified behavior analysts or designated as board-certified behavior analysts-doctoral; and

(b) Have a minimum of 5 years of clinical experience; and

(2) On or after January 1, 2015, four licensed behavior analysts who:

(a) Are credentialed by the Behavior Analyst Certification Board; and

(b) Have a minimum of 5 years of clinical experience; and

(3) One consumer member who:

(a) Is a member of the general public;

(b) Is receiving or has received applied behavior analysis services, or has a child who is receiving or has received applied behavior analysis services; and

(c) May not:

(i) Be or ever have been a behavior analyst or in training to become a behavior analyst;

(ii) Have a household member who is a behavior analyst or in training to become a behavior analyst;

(iii) Participate or ever have participated in a commercial or professional field related to behavior analysis;

(iv) Have a household member who participates in a commercial or professional field related to behavior analysis; and

(v) Have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.

B. Terms.

(1) The term of a member is 4 years.

(2) The terms of members are staggered.

(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(4) An individual may be reappointed for a second 4-year term, but the individual may not serve more than two consecutive 4-year terms.

C. Vacancy.

(1) If a vacancy occurs, the Board shall appoint a new member to serve.

(2) The successor member shall only serve for the remainder of the term, unless reappointed.

D. Officers. From among its members, the Committee shall elect a Chair and a Vice Chair, annually.

E. Quorum.

(1) A majority of the members then serving on the Committee is a quorum.

(2) Business may not be conducted at a Committee meeting unless there is a quorum.

F. The Committee shall:

(1) Develop and make recommendations to the Board in the following areas:

(a) Regulations governing the practice of behavior analysis;

(b) Code of ethics requirements for the practice of behavior analysis;

(c) Requirements for licensure as a behavior analyst, including:

(i) Criteria for educational and clinical training of licensed behavior analysts; and

(ii) Criteria for a professional competency examination and testing of applicants for licensure to practice behavior analysis; and

(d) Continuing education requirements for license renewal;

(2) Investigate allegations of violations of this chapter and these regulations and make recommendations to the Board regarding disposition of such allegations;

(3) Report to the Board as required; and

(4) Keep a record of its proceedings.

.04 Qualifications.

A. To qualify for licensure as a licensed behavior analyst, an individual shall:

(1) Be of good moral character;

(2) Be at least 18 years of age;

(3) Have a current certification as a board-certified behavior analyst or board-certified behavior analyst - doctoral verified by the Board with the Behavior Analyst Certification Board or its successor organization;

(4) Have received a master’s degree or higher from a behavior analysis educational course sequence that is approved by the Behavior Analyst Certification Board or a successor organization; and

(5) Demonstrate oral and written competency in English as required by the Board.

B. The Board shall waive the educational requirements in §A(4) of this regulation if an individual was certified by the Behavior Analyst Certification Board on or before December 31, 2014 and is in good standing.

.05 Application Procedure.

To apply for a license, an individual shall submit:

A. A completed application form to the Board on a form that the Board requires and that is provided by the Committee;

B. To a criminal history records check in accordance with Health Occupations Article, §17–501.1, Annotated Code of Maryland; and

C. The following documentation:

(1) An official trans