Capitol Building Maryland Register

Issue Date: March 31, 2017

Volume 44 • Issue 7 • Pages 341-392

IN THIS ISSUE

Governor

General Assembly

Judiciary

Regulations

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before March 13, 2017 5 p.m.
 
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of March 13, 2017.
 
Gail S. Klakring
Acting 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; Gail S. Klakring, Acting Administrator; 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 ......................................................................  345

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  346

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

07        Department of Human Resources ..............................  353, 358

08        Department of Natural Resources ......................................  375

09        Department of Labor, Licensing, and Regulation ...............  354

10        Department of Health and Mental Hygiene ................  354, 376

13A     State Board of Education ....................................................  379

13B     Maryland Higher Education Commission ..........................  381

15        Department of Agriculture .................................................  357

21        State Procurement Regulations ...........................................  357

31        Maryland Insurance Administration ...................................  357

 

PERSONS WITH DISABILITIES

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

 

 

The Governor

EXECUTIVE ORDER 01.01.2017.03.......................................... 349

EXECUTIVE ORDER 01.01.2017.04.......................................... 350

EXECUTIVE ORDER 01.01.2017.05.......................................... 350

 

General Assembly

SYNOPSIS NO. 5........................................................................ 351

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS .  352

 

Final Action on Regulations

07  DEPARTMENT OF HUMAN RESOURCES

SOCIAL SERVICES ADMINISTRATION

Social Services to Adults........................................................... 353

Adult Foster Care...................................................................... 353

Respite Care Services................................................................ 353

Certified Adult Residential Environment (CARE)
   Program.................................................................................. 353

09  DEPARTMENT OF LABOR, LICENSING, AND REGULATION

BOARD OF BARBERS

General Regulations................................................................... 354

BOARD OF PUBLIC ACCOUNTANCY

General Regulations................................................................... 354

10  DEPARTMENT OF HEALTH AND MENTAL HYGIENE

MEDICAL CARE PROGRAMS

Hospital Services....................................................................... 354

Acute Hospitals......................................................................... 354

Chronic Hospitals...................................................................... 354

Special Pediatric Hospitals......................................................... 354

Special Psychiatric Hospitals..................................................... 354

Medical Assistance Eligibility.................................................... 355

Maryland Medicaid Managed Care
   Program: Definitions.............................................................. 355

Maryland Medicaid Managed Care
   Program: Benefits................................................................... 355

Maryland Medicaid Managed Care Program: School-Based
   Health Centers........................................................................ 355

School-Based Health Centers (SBHC)...................................... 355

Community-Based Substance Use Disorder Services............... 356

15  DEPARTMENT OF AGRICULTURE

STATE CHEMIST

Pet Food and Specialty Pet Food............................................... 357

21  STATE PROCUREMENT REGULATIONS

STATE PROCUREMENT ORGANIZATION

Board of Public Works.............................................................. 357

31  MARYLAND INSURANCE ADMINISTRATION

PROPERTY AND CASUALTY INSURANCE

Application of a Percentage Deductible in the Case of a
   Hurricane or Other Storm....................................................... 357

 

Proposed Action on Regulations

07  DEPARTMENT OF HUMAN RESOURCES

SOCIAL SERVICES ADMINISTRATION

Child Protective Services — Investigation of Child Abuse and
   Neglect.................................................................................... 358

Child Abuse and Neglect Hearings............................................ 371

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Shellfish — General.................................................................. 375

10  DEPARTMENT OF HEALTH AND MENTAL HYGIENE

MEDICAL CARE PROGRAMS

Early and Periodic Screening, Diagnosis and Treatment
   (EPSDT) Services.................................................................. 376

MARYLAND HEALTH CARE COMMISSION

State Health Plan for Facilities and Services: Freestanding
   Medical Facilities.................................................................... 376

BOARD OF PHYSICIANS

General Licensure Regulations.................................................. 378

BOARD OF PHARMACY

Examination for Licensure and Professional Experience
   Programs................................................................................ 378

13A STATE BOARD OF EDUCATION

GENERAL INSTRUCTIONAL PROGRAMS

Standards for Kindergarten Programs........................................ 379

CERTIFICATION

General Provisions.................................................................... 379

Teachers..................................................................................... 380

13B MARYLAND HIGHER EDUCATION COMMISSION

FINANCIAL AID

Janet L. Hoffman Loan Assistance Repayment
   Program.................................................................................. 381

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water .............  384

WATER MANAGEMENT ADMINISTRATION

Notice of Final Determination — General Permit for
   Discharges from Mineral Quarries, Borrow Pits, and
   Concrete and Asphalt Plants ..............................................  385

MARYLAND HEALTH CARE COMMISSION

AVERAGE ANNUAL BED OCCUPANCY RATE
   AND AVERAGE ANNUAL NUMBER OF
   LICENSED NURSING HOME BEDS BY JURISDICTION
   AND REGION: MARYLAND, FISCAL
   YEARS 2013 — 2015 ..........................................................
 387

REQUIRED MARYLAND MEDICAL ASSISTANCE
   PARTICIPATION RATES FOR NURSING HOMES
   BY REGION AND JURISDICTION: FISCAL YEAR
   2015 .  388

 

General Notices

ADVISORY COUNCIL ON CEMETERY OPERATIONS

Public Meeting........................................................................... 389

FIRE PREVENTION COMMISSION

Public Meeting........................................................................... 389

DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Public Meeting........................................................................... 389

DEPARTMENT OF HEALTH AND MENTAL
   HYGIENE/MEDICAID PHARMACY AND
   THERAPEUTICS COMMITTEE

Public Hearing........................................................................... 389

DEPARTMENT OF HEALTH AND MENTAL
   HYGIENE/OFFICE OF HEALTH SERVICES

Public Notice for Changes to Maryland Medicaid Pharmacy's
   Outpatient Drugs Reimbursement Methodology.................... 389

MARYLAND INSURANCE ADMINISTRATION

Public Meeting........................................................................... 390

MARYLAND STATE LOTTERY AND GAMING CONTROL
    COMMISSION

Public Meeting........................................................................... 390

MARYLAND HEALTH CARE COMMISSION

Public Meeting........................................................................... 390

Comparative Review.................................................................. 390

Receipt of Application............................................................... 390

DEPARTMENT OF NATURAL RESOURCES/FISHING AND
   BOATING SERVICES

Public Notice — 2017 Summer Flounder Season, Size Limit
   and Creel Limit — March through December......................... 391

Public Notice — 2017 Recreational Black Sea Bass Fishery
   — March through December.................................................. 391

Public Notice—Striped Bass Recreational and Charter Boat
   Spring Fishery Modification................................................... 391

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Public Meeting........................................................................... 391

TEACHER INDUCTION, RETENTION AND
   ADVANCEMENT ACT OF 2016 WORKGROUP

Public Meeting........................................................................... 391

RACING COMMISSION

Public Meeting........................................................................... 391

COMMISSION OF REAL ESTATE APPRAISERS AND
   HOME INSPECTORS

Public Meeting........................................................................... 391

STATE TREASURER'S OFFICE

Public Meeting........................................................................... 392

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND
   VETERANS COMMISSION

Public Meeting........................................................................... 392

MARYLAND COLLEGE COLLABORATION FOR
   STUDENT VETERANS COMMISSION

Public Meeting........................................................................... 392

BOARD OF WATERWORKS AND WASTE SYSTEMS
   OPERATORS

Public Meeting........................................................................... 392

BOARD OF WELL DRILLERS

Public Meeting........................................................................... 392

WORKERS' COMPENSATION COMMISSION

Public Meeting........................................................................... 392

DIVISION OF WORKFORCE DEVELOPMENT AND
   ADULT LEARNING/MARYLAND APPRENTICESHIP
   AND TRAINING COUNCIL

Public Meeting........................................................................... 392

 

 

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.

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.

 

 


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.


 


07 DEPARTMENT OF HUMAN RESOURCES

 

07.01.04.03 • 44:3 Md. R. 191 (2-3-17)

07.01.20.09 • 44:4 Md. R. 258 (2-17-17)

07.02.07.01—.23 • 44:7 Md. R. 358 (3-31-17)

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)

07.02.26.01—.15 • 44:7 Md. R. 371 (3-31-17)

07.03.21.12 • 44:5 Md. R. 296 (3-3-17)

07.03.22.10 • 44:5 Md. R. 296 (3-3-17)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

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

08.02.08.14 • 44:7 Md. R. 375 (3-31-17)

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

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

 

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)

09.10.03.02 • 44:3 Md. R. 192 (2-3-17)

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)

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

09.19.07.01 • 44:3 Md. R. 192 (2-3-17)

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)

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

09.32.01.05,.12,.15-1,.16,.24 • 44:3 Md. R. 193 (2-3-17)

09.32.01.18 • 44:3 Md. R. 194 (2-3-17)

09.32.01.21 • 44:3 Md. R. 195 (2-3-17)

09.32.02.04 • 44:3 Md. R. 197 (2-3-17)

09.32.02.05,.08,.09,.10 • 44:3 Md. R. 197 (2-3-17)

09.32.02.13 • 44:3 Md. R. 198 (2-3-17)

09.32.02.14 • 44:3 Md. R. 199 (2-3-17)

09.32.10.05 • 44:3 Md. R. 200 (2-3-17)

09.32.11.02 • 44:3 Md. R. 201 (2-3-17)

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)

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

10.07.03.05 • 44:6 Md. R. 331 (3-17-17)

10.07.04.01—.10,.12—.22 • 44:5 Md. R. 297 (3-3-17)

 

     Subtitle 09 (2nd volume)

 

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

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

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

10.09.23.04 • 44:7 Md. R. 376 (3-31-17)

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

10.09.63.01 • 44:6 Md. R. 331 (3-17-17)

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

 

     Subtitles 10 — 22 (3rd Volume)

 

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

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

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

 

     Subtitles 23 — 36 (4th Volume)

 

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

                      44:7 Md. R. 376 (3-31-17) (ibr)

10.25.02.02 • 44:3 Md. R. 201 (2-3-17)

10.25.03.02 • 44:3 Md. R. 202 (2-3-17)

10.25.18.02,.03,.08,.09,.12 • 44:6 Md. R. 332 (3-17-17)

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

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)

10.32.01.17 • 44:7 Md. R. 378 (3-31-17)

10.34.02.03 • 44:7 Md. R. 378 (3-31-17)

10.34.18.03 • 44:6 Md. R. 335 (3-17-17)

 

     Subtitles 37—65 (5th Volume)

 

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

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

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)

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

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)

10.63.07.01—.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)

 

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

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.03.01.01 • 44:7 Md. R. 379 (3-31-17)

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

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

13A.12.01.03 • 44:7 Md. R. 379 (3-31-17)

13A.12.02.15,.16 • 44:7 Md. R. 380 (3-31-17)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

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

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.08.02.01—.12 • 44:7 Md. R. 381 (3-31-17)

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

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)

14.29.02.01,.04—.06 • 44:3 Md. R. 203 (2-3-17)

14.29.03.03 • 44:3 Md. R. 204 (2-3-17)

14.29.04.04 • 44:3 Md. R. 204 (2-3-17)

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)

 

20 PUBLIC SERVICE COMMISSION

 

20.90.01.01,.02,.04—.13,.15—.17 • 44:3 Md. R. 205 (2-3-17)

20.90.02.01,.03—.23 • 44:3 Md. R. 207 (2-3-17)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     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)

 

28 OFFICE OF ADMINISTRATIVE HEARINGS

 

28.01.02.01—.03 • 44:3 Md. R. 214 (2-3-17)

 

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

 

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

 

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)

33.16.01.01 • 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)

 

34 DEPARTMENT OF PLANNING

 

34.01.02.04 • 44:3 Md. R. 215 (2-3-17)

34.02.01.01,.02,.04,.05,.11,.12 • 44:3 Md. R. 215 (2-3-17)

34.03.02.01 • 44:3 Md. R. 216 (2-3-17)

34.03.03.02 • 44:3 Md. R. 217 (2-3-17)

34.04.01.05,.06 • 44:3 Md. R. 217 (2-3-17)

34.04.02.05 • 44:3 Md. R. 218 (2-3-17)

34.04.04.01 • 44:3 Md. R. 218 (2-3-17)

34.04.08.01,.02 • 44:3 Md. R. 219 (2-3-17)

 

35 DEPARTMENT OF VETERANS’ AFFAIRS

 

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

 

 


The Governor 

EXECUTIVE ORDER 01.01.2017.03

Two Generation Family Economic Security Commission and Pilot Program

 

WHEREAS, 26.5 percent of children in Maryland are from low-income families, 36 percent of children in Maryland live in single-mother households, and 50.2 percent of African-American or Hispanic children who live in single-mother households are from low-income families;  

 

WHEREAS, 42 percent of children who grow up in poverty or in low-income families experience economic hardship themselves as adults;

 

WHEREAS, Individuals in multigenerational poverty require support to make sound long-term personal and financial plans;

 

WHEREAS, The “Two-Generation Approach” seeks to break the cycle of multigenerational poverty by implementing and intentionally linking programs and services that create opportunities for, and address the needs of both parents and children, particularly in the areas of early-childhood education, elementary education, economic stability, and family engagement;

 

WHEREAS, Higher education leads to stable careers with family-sustaining wages, providing opportunities for families to break the cycle of multigenerational poverty;

 

WHEREAS, The State of Maryland can foster greater family economic security and child well-being by serving parents and children individually and together as a family unit through the Two-Generation Approach;

 

WHEREAS, The Two-Generation Approach improves the strength and resilience of families and assists them in building societal relationships, helping parents achieve the aspirations they have for their children and themselves and;

 

WHEREAS, The Two-Generation Approach provides the State of Maryland with an opportunity to pursue innovative reforms that seek to improve academic achievement of children and increase the earning potential of parents, which are supported by, among others, the Annie E. Casey Foundation, Aspen Institute, National Governors Association, and Urban Institute.

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

A. There is a Two-Generation Family Economic Security Commission (“Commission”).

(1) The Commission shall initially consist of the following members:

(a) The Lieutenant Governor, who shall serve as the ex officio chair of the Commission;

(b) Two members of the Maryland Senate, appointed as follows:

(i) One member of the Senate Budget and Taxation Committee appointed by the President of the Senate, and;

(ii) One member appointed by the Minority Leader of the Senate;

(c) Two members of the Maryland House of Delegates, appointed as follows:

(i) One member of the House Appropriations Committee appointed by the Speaker of the House, and;

(ii) One appointed by the Minority Leader of the House;

(d) The Secretary of the Department of Health and Mental Hygiene, or the Secretary’s Designee;

(e) The Secretary of the Department of Housing and Community Development, or the Secretary’s Designee;

(f) The Secretary of the Department of Human Resources, or the Secretary’s Designee;

(g) The Secretary of the Department of Labor, Licensing, and Regulation, or the Secretary’s Designee;

(h) The Executive Director of the Governor’s Office for Children, or the Executive Director’s Designee;

(i) The Superintendent of the Maryland State Department of Education, or the Superintendent’s Designee;

(j) One Director of a Local Department of Social Services appointed by the Maryland Association of Social Services Directors;

(k) One County Health Officer appointed by the Maryland Association of County Health Officers;

(l) One member appointed by the Maryland Association of Community Colleges; and

(m) Five public members appointed by the Governor, including one parent with experience in child-welfare advocacy or community-action partnerships.  The public members shall serve at the pleasure of the Governor.

(2) If one or more pilot program sites are selected pursuant to section B(2) of this executive order, the following members shall be appointed to the Commission by the Governor:

(a) One representative of a pilot program site; and

(b) One local-government representative from a jurisdiction containing a pilot program, nominated by a County Executive, County Administrator, or Mayor as appropriate.

B. Duties.

(1) The Commission shall investigate policy challenges, opportunities, and recommendations regarding the mitigation of multigenerational poverty as follows:

(a) Identify services and policies within State programs that can be coordinated to support a multigenerational approach;

(b) Identify program and service gaps and inconsistencies between federal, State policies, and local policies;

(c) Identify, test, and recommend best practices utilized on federal, State and local levels;

(d) Solicit input and guidance regarding Two-Generation Approach practices and policies from external sources with direct knowledge and experience in the field of multigenerational poverty including, but not limited to, Two-Generation Approach practicing states, federal and Maryland Agencies, private foundations, community-action partnerships, and welfare-advocacy organizations.

(2) The Commission may utilize State and federal funding to establish criteria for the assessment and selection of up to four pilot program sites in areas with the highest percentage of children experiencing multigenerational poverty, and then implement such programs.

(3) The Commission shall submit its recommendations to the Governor, the President of the Senate, and the Speaker of the House as follows:

(a) An interim report shall be submitted on or before December 31, 2017; and

(b) A final report summarizing Commission and pilot-program activities and outcomes, and recommended legislative, policy, and regulatory actions that would better support a multigenerational approach to breaking cyclical poverty, shall be submitted on or before December 31, 2018, for consideration during the 2019 legislative session of the Maryland General Assembly.

C. Procedures.

(1) The Department of Human Resources shall provide staff to support the Commission.  Other State agencies and their staff may be invited to participate by the Lieutenant Governor.

(2) All State agencies, departments, boards, and commissions within the Executive Branch are authorized and directed to coordinate with the Commission in implementing the provisions of this Executive Order.

(3) The Commission shall meet as frequently as necessary to meet the deadlines established herein.

(4) The Commission may adopt such other procedures as may be necessary to ensure the orderly transaction of business, including the creation of committees.

(5) A majority of the Commission shall constitute a quorum for the transaction of any business.

(6) On December 31, 2018, with no further action required by the Governor, this Executive Order shall be abrogated and is of no further force and effect.

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 9th Day of March 2017.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[17-07-40]

 

EXECUTIVE ORDER 01.01.2017.04

Declaration of a State of Emergency

 

WHEREAS, The State of Maryland is subject to a variety of hazards or disasters including but not limited to severe storms and significant winter weather with snow and ice accumulations, and other weather related events;

 

WHEREAS, Having been advised and informed by the Maryland Emergency Management Agency there may be a need to take actions to protect the lives and property of citizens being currently impacted by this winter weather;

 

WHEREAS, Because of the potential impacts of this winter weather on the State of Maryland and in preparation for all contingencies, an emergency exists in all Maryland Counties and Baltimore City;

 

WHEREAS, In order to waive certain regulations to facilitate emergency response and restoration activities, to activate certain emergency contracts, and to facilitate the deployment of requisite resources within provisions of Maryland law;

 

WHEREAS, Use of resources of the Maryland National Guard may be required;

 

WHEREAS, An Executive Order to implement the emergency powers of the Governor is a prerequisite for potential federal emergency and disaster assistance; and

 

WHEREAS, In order to implement the emergency powers of the Governor, an Executive Order of the Governor is appropriate.

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND THE LAWS OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE OF THE ANNOTATED CODE OF MARYLAND, DECLARE THAT A STATE OF EMERGENCY EXISTS IN ALL MARYLAND COUNTIES AND BALTIMORE CITY, AND CALL THE MARYLAND NATIONAL GUARD INTO STATE SERVICE, AND HEREBY AUTHORIZE THE MARYLAND EMERGENCY MANAGEMENT AGENCY OR OTHER APPROPRIATE STATE AUTHORITY, DURING THIS EMERGENCY PERIOD, TO ENGAGE, DEPLOY, AND COORDINATE ALL AVAILABLE RESOURCES.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, effective this 13th day of March, 2017.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[17-07-39]

 

EXECUTIVE ORDER 01.01.2017.05

Rescission of Executive Order 01.01.2017.04

 

WHEREAS, I, Lawrence J. Hogan, Jr., Governor of the State of Maryland, issued Executive Order 01.01.2017.04 due to the threat to the public health and safety caused by the impact of significant winter weather statewide; and

 

WHEREAS, The emergency conditions caused by the impact of significant winter weather no longer exist.

 

NOW THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSITUTION AND LAWS OF MARYLAND, DO HEREBY PROCLAIM THAT THE EMERGENCY THAT EXISTED IN THE STATE OF MARYLAND IS TERMINATED AND HEREBY RESCIND EXECUTIVE ORDER 01.01.2017.04.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 15th Day of March, 2017.

 

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[17-07-38]

 

 


The General Assembly

For additional up-to-date information concerning bills introduced in the General Assembly, log on to http://mlis.state.md.us and click on Bill Information and Status.  You may then enter a specific bill number for information about that bill.  You may also click on Senate Synopsis or House Synopsis for the most recent synopsis list for each house, or click on Synopsis Index for a listing of all bill synopses since the beginning of the legislative session.

 


SYNOPSIS NO. 5

House Bills

HB1643  Del Lam.  Health Insurance - Health Benefit Plans - Special Enrollment Period for Pregnancy.

HB1644  Del Jones, et al.  Creation of a State Debt - Baltimore City - Most Worshipful Prince Hall Grand Lodge.

HB1645  Del Angel.  Task Force to Study Mental Health Concerns for Deaf and Hard of Hearing Individuals.

HB1646  Del Malone, et al.  Creation of a State Debt - Lutheran Mission Society Compassion Centers.

HB1647  Del Valderrama.  Nursing Homes - Lifting of Immobile Patients - Requirements.

HB1648  Del Angel.  Natalie M. LaPrade Medical Cannabis Commission - Diversity.

HB1649  Del Angel, et al.  Creation of a State Debt - Prince George's County - District Heights Veterans Park.

HB1650  Del Lisanti.  Harford County - Hotel Rental Tax.

HB1651  Del Barve.  Maryland Transit Administration - Transit Ridership of Executive Branch Employees - Fare Required.

HB1652  Dels Pena-Melnyk and West.  Health Occupations - Certified Supervised Counselors-Alcohol and Drug - Qualifications.

HB1653  Del Ghrist.  Creation of a State Debt - Cecil County - Elkton Sportsplex Campus and Performing-Visual Arts Center.

HB1654  Del Chang, et al.  Vehicle Laws - Work Zone Speed Control System - Increased Penalty for Multiple Offenses.

HB1655  Del Jalisi.  Medical Cannabis - Certifying Providers - Written Certifications.

HB1656  Dels Hayes and Mosby.  Creation of a State Debt - Baltimore City - Hampden Family Center.

HB1657  Del Rosenberg, et al.  State Designations - The Preakness Stakes as the State Cultural Event.

HB1658  Dels P. Young and Sydnor.  Creation of a State Debt - Baltimore City - Maryland Center for Veterans Education and Training.

HB1659  Del Simonaire.  Employment Discrimination - Sexual Harassment - Definition of Employer.

HB1660  Del Glenn, et al.  Creation of a State Debt - Baltimore City - National Great Blacks in Wax Museum.

HB1661  Del Pena-Melnyk, et al.  Schools and Child Care Centers - State Grant Program - Security Upgrades for Facilities at Risk of Hate Crimes or Attacks.

[17-07-30]

 

Senate Bills

SB1172  Sen Bates.  Alcoholic Beverages - Class 5 Breweries - Barrelage and Hours of Sale.

SB1173  Sen Pinsky, et al.  Higher Education Degree and Job Certification Without Debt Act of 2017.

SB1174  Sen Jennings.  Public Health - Certificates of Birth - Births Outside an Institution.

SB1175  Sen Benson.  Creation of a State Debt - Prince George's County - Transit Oriented Development Public Art Projects.

SB1176  Sen Waugh.  Creation of a State Debt - St. Mary's County - Maryland Dove.

SB1177  Sens Jennings and Norman.  Harford County - Alcoholic Beverages - Interest in More Than One License.

SB1178  Sen Currie.  Creation of a State Debt - Prince George's County - District Heights Veterans Park.

SB1179  Sens Cassilly and Jennings.  Creation of a State Debt - Harford County - McComas School Museum.

SB1180  Sen Madaleno, et al.  Public Safety - Handgun Permit Review Board - Repeal.

SB1181  Sen Astle.  Creation of a State Debt - Anne Arundel County - Historic Annapolis Museum.

SB1182  Sens Robinson and McFadden.  Creation of a State Debt - Baltimore City - Baltimore Museum of Art.

SB1183  Sen Smith.  Creation of a State Debt - Baltimore City - Maryland Center for Veterans Education and Training.

SB1184  Sen Muse.  Foreclosed and Vacant Residential Property - Common Ownership Communities - Payment of Regular Assessments.

SB1185  Sen Muse.  Real Property - New Residential Construction - Correction of Drainage Defect.

SB1186  Sen Ferguson.  Creation of a State Debt - Baltimore City - Cross Street Market.

SB1187  Sen Cassilly, et al.  Criminal Procedure - Life Without Parole - Repeal of Sentencing Proceeding.

SB1188  Sen Zirkin.  Creation of a State Debt - Baltimore County - Bais Yaakov Middle School.

SB1189  Sen Zirkin.  Creation of a State Debt - Baltimore County - Ner Israel Rabbinical College.

SB1190  Sens Eckardt and Serafini.  Bay Restoration Fund - Upgraded Municipal Wastewater Facilities - Grants.

SB1191  Sen Manno.  Schools and Child Care Centers - State Grant Program - Security Upgrades for Facilities at Risk of Hate Crimes or Attacks.

SB1192  Sens Manno and Middleton.  Labor and Employment - Unemployment Insurance - Independent Contractors and Severance Pay.

SB1193  Sen Reilly.  Controlled Water Ski Areas in Maynadier Creek - Operation of Vessel - Prohibition.

SB1194  Sen Klausmeier.  Public Health - Substance Abuse Treatment Outcome Partnership Fund.

[17-07-31]

 


The Judiciary 

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court of Appeals dated March 16, 2017, ELENA TILLY, 4626 Wisconsin Avenue, Suite 202, Washington, DC 20016, a non-admitted attorney is excluded under Maryland Rule 19-742(g) from exercising the privilege of practicing law in this State.

[17-07-37]

 


Final Action on Regulations

 

Symbol Key

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

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

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

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

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

 


 


Title 07
DEPARTMENT OF HUMAN RESOURCES

Subtitle 02 SOCIAL SERVICES ADMINISTRATION

07.02.15 Social Services to Adults

Authority: Human Services Article, §§4-205(a), 4-207, 5-205(a), and 5-207, Annotated Code of Maryland

Notice of Final Action

[15-426-F]

On March 10, 2017, the Acting Secretary of Human Resources adopted amendments to Regulations .01—.11 under COMAR 07.02.15 Social Services to Adults. This action, which was proposed for adoption in 43:17 Md. R. 964—968 (August 19, 2016), has been adopted as proposed.

Effective Date: April 10, 2017.

GREGORY S. JAMES
Acting Secretary of Human Resources

 

Subtitle 02 SOCIAL SERVICES ADMINISTRATION

07.02.17 Adult Foster Care

Authority: Human Services Article, §§4-205 and 4-207, Annotated Code of Maryland
(Agency Note: Federal Regulatory Reference, 45 CFR Part 229)

Notice of Final Action

[15-425-F]

On March 10, 2017, the acting Secretary of Human Resources adopted amendments to Regulations .03, .04, and .06—.08 under COMAR 07.02.17 Adult Foster Care. This action, which was proposed for adoption in 43:17 Md. R. 968—969 (August 19, 2016), has been adopted as proposed.

Effective Date: April 10, 2017.

GREGORY S. JAMES
Acting Secretary of Human Resources

 

Subtitle 02 SOCIAL SERVICES ADMINISTRATION

07.02.18 Respite Care Services

Authority: Human Services Article, Title 7, Subtitle 2, Annotated Code of Maryland

Notice of Final Action

[15-427-F]

On March 10, 2017, the acting Secretary of Human Resources adopted amendments to Regulations .02 and .04, amendments to and the recodification of existing Regulations .07, .09, and .11 to be Regulations .08, .10, and .12, respectively, and the recodification of existing Regulations .06, .08, .10, .12, .13, and .14 to be Regulations .07, .09, .11, .13, .14, and .06, respectively, under COMAR 07.02.18 Respite Care Services. This action, which was proposed for adoption in 43:17 Md. R. 969—971 (August 19, 2016), has been adopted as proposed.

Effective Date: April 10, 2017.

GREGORY S. JAMES
Acting Secretary of Human Resources

 

Subtitle 02 SOCIAL SERVICES ADMINISTRATION

07.02.19 Certified Adult Residential Environment (CARE) Program

Authority: Health-General Article, §§19-1801—19-1806; Human Services Article, §§6-508—6-513; Annotated Code of Maryland
(Agency Note: Federal Regulatory Reference: 45 CFR Part 1397)

Notice of Final Action

[15-430-F]

On March 10, 2017, the acting Secretary of Human Resources adopted amendments to Regulations .01—.08, .10, .12—.14, and .16 under COMAR .07.02.19 Certified Adult Residential Environment (CARE) Program. This action, which was proposed for adoption in 43:17 Md. R. 971—973 (August 19, 2016), has been adopted as proposed.

Effective Date: April 10, 2017.

GREGORY S. JAMES
Acting Secretary of Human Resources

 

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 16 BOARD OF BARBERS

09.16.01 General Regulations

Authority: Business Occupations and Professions Article, Title 4, Annotated Code of Maryland

Notice of Final Action

[17-062-F]

On March 13, 2017, the Board of Barbers adopted amendments to Regulations .06—.08 and .10 under COMAR 09.16.01 General Regulations. This action, which was proposed for adoption in 44:2 Md. R. 122 (January 20, 2017), has been adopted as proposed.

Effective Date: April 10, 2017.

SHIRLEY LEACH
Executive Director

 

Subtitle 24 BOARD OF PUBLIC ACCOUNTANCY

09.24.01 General Regulations

Authority: Business Occupations and Professions Article, §§2-102, 2-207, 2-209, 2-304—2-307, 2-309, 2-311, 2-315, 2-410, and 2-416, Annotated Code of Maryland

Notice of Final Action

[17-016-F]

On March 7, 2017, the Board of Public Accountancy adopted amendments to Regulation .09 under COMAR 09.24.01 General Regulations. This action, which was proposed for adoption in 44:1 Md. R. 17 (January 6, 2017), has been adopted as proposed.

Effective Date: April 10, 2017.

DENNIS L. GRING
Executive Director

 

Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Final Action

[16-332-F]

On March 16, 2017, the Secretary of Health and Mental Hygiene adopted:

(1) The repeal of Regulations .01—.18 under COMAR 10.09.06 Hospital Services;

(2) New Regulations .01—.14 under a new chapter, COMAR 10.09.92 Acute Hospitals;

(3) New Regulations .01—.16 under a new chapter, COMAR 10.09.93 Chronic Hospitals;

(4) New Regulations .01—.13 under a new chapter, COMAR 10.09.94 Special Pediatric Hospitals; and

(5) New Regulations .01—.13 under a new chapter, COMAR 10.09.95 Special Psychiatric Hospitals.

This action, which was proposed for adoption in 43:26 Md. R. 1464—1487 (December 23, 2016), has been adopted with the nonsubstantive changes shown below.

Effective Date: April 10, 2017.

Attorney General's Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

COMAR 10.09.92.06A(2)(b) and COMAR 10.09.95.06A(2)(b): In response to comments, the term “doctor’s progress notes” has been removed as a requirement for preauthorization under the utilization review requirements in order to be consistent with current practice.

 COMAR 10.09.92.07A(4): In response to comments received, the term “clinical staff” has replaced the term “physicians” in order to include nonphysician clinical staff as nonreimbursable as separate line items.

 

10.09.92 Acute Hospitals

Authority: Health-General Article, §§2-104(b), 15-102.8, 15-103, and 15-105, Annotated Code of Maryland

.06 Utilization Review.

A. Elective Inpatient Preauthorization Reviews.

(1) (proposed text unchanged)

(2) The hospital shall obtain preauthorization for elective inpatient admissions from the Department or its designee, before the participant is admitted, by providing the following information including, but not limited to:

(a) Participant’s medical history and physical; and

[[(b) Doctor’s progress notes; and]]

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

B.E. (proposed text unchanged)

.07 Payment Procedures.

A. Reimbursement Principles for Acute Hospitals Located in Maryland.

(1)(3) (proposed text unchanged)

(4) The Department may not reimburse for the services of a hospital’s salaried or contractual [[physicians]] clinical staff as a separate line item. Charges for these services should be included in the room and board rate or the appropriate ancillary service only, when HSCRC has included these salaries in the hospital’s costs.

(5)(12) (proposed text unchanged)

B.—D. (proposed text unchanged)

 

10.09.95 Special Psychiatric Hospitals

Authority: Health-General Article, §§2-104(b), 15-102.8, 15-103, and 15-105, Annotated Code of Maryland

.06 Utilization Review Requirements.

A. Elective Inpatient Preauthorization Reviews.

(1) (proposed text unchanged)

(2) The special psychiatric hospital shall obtain preauthorization for elective inpatient admissions from the Department or its designee, before the participant is admitted, by providing the following information including, but not limited to:

(a) Participant’s medical history and physical; and

[[(b) Doctor’s progress notes; and]]

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

B.—D. (proposed text unchanged)

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.24 Medical Assistance Eligibility

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

Notice of Final Action

[16-355-F]

On March 13, 2017, the Secretary of Health and Mental Hygiene adopted amendments to Regulation .08-2 under COMAR 10.09.24 Medical Assistance Eligibility. This action, which was proposed for adoption in 43:26 Md. R. 1488-1489 (December 23, 2016), has been adopted as proposed.

Effective Date: April 10, 2017.

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Final Action

[16-335-F]

On March 13, 2017, the Secretary of Health and Mental Hygiene adopted:

(1) Amendments to Regulation .01 under COMAR 10.09.62 Maryland Medicaid Managed Care Program: Definitions;

(2) Amendments to Regulation .28 under COMAR 10.09.67 Maryland Medicaid Managed Care Program: Benefits;

(3) The repeal in their entirety of Regulations .01 —.03 under COMAR 10.09.68 Maryland Medicaid Managed Care Program: School-Based Health Centers; and

(4) New Regulations .01—.11 under a new chapter, COMAR 10.09.76 School-Based Health Centers (SBHC).

This action, which was proposed for adoption in 43:26 Md. R. 1489—1492 (December 23, 2016), has been adopted with the nonsubstantive changes shown below.

Effective Date: April 10, 2017.

Attorney General's Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

 

COMAR 10.09.76.01B(9): In response to comments received, language has been added to remove the term “midlevel practitioners” and replace it with “nurse practitioners” and “physician assistants”.

 

COMAR 10.09.76.02B: In response to comments received, the term “medicine” has been removed as it is not inclusive of all health care services that may be provided by practitioners in a school-based health center.

 

COMAR 10.09.76.04E: Language has been changed to clarify that coverage and reimbursement for dental services, while they may be provided within a School-Based Health Centers (SBHC), are governed by COMAR 10.09.05 Dental Services.

 

COMAR 10.09.76.04F: Language has been changed to clarify that coverage and reimbursement for specialty behavioral health services, while they may be provided within a SBHC, are governed by COMAR 10.09.59 Specialty Mental Health Services and COMAR 10.09.80 Community-based Substance Used Disorder Services.

 

COMAR 10.09.76.06C and E: In response to comments, language in §C has been removed and will be replaced under §E in order to clarify that coverage and reimbursement for dental and specialty behavioral health services, while they may be provided within an SBHC, are governed by other chapters.

 

COMAR 10.09.76.06D and E: Sections D and E have been combined in order to clarify that SBHCs sponsored by federally qualified health centers (FQHCs) will be reimbursed for all services according to Regulation .08 under COMAR 10.09.08 Freestanding Clinics.

 

10.09.67 Maryland Medicaid Managed Care Program: Benefits

Authority: Health-General Article, §15-103(b)(1), Annotated Code of Maryland

.28 Benefits — Self-Referral Services.

A.B. (proposed text unchanged)

C. An MCO shall provide SBHCs in its service area with the current information needed to facilitate communication between the SBHC, PCP, and the MCO regarding care provided to the MCO’s participant, and to effect reimbursement by the MCO, including:

(1)(3) (proposed text unchanged)

 

10.09.76 School-Based Health Centers (SBHC)

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

.01 Definitions.

A. (proposed text unchanged)

B. Terms Defined.

(1)(8) (proposed text unchanged)

(9) “Primary health services” means a basic level of health care, including diagnostic, treatment, consultative, referral, and preventive health services, generally rendered by:

(a)(e) (proposed text unchanged)

(f) Pediatricians; [[and]]

(g) [[Midlevel practitioners, such as physician]] Physician assistants; and [[nurse]]

(h) Nurse practitioners.

(10)(13) (proposed text unchanged)

.02 License Requirements.

A. (proposed text unchanged)

B. A physician, nurse practitioner, or physician assistant providing services in an SBHC shall be licensed and legally authorized to practice [[medicine]] in the state in which the service is provided.

C. (proposed text unchanged)

.04 Covered Services.

An SBHC, designated by the Department as meeting the criteria specified in Regulation .03 of this chapter, is eligible for reimbursement by the Program for the following services:

A.—D. (proposed text unchanged)

E. Covered dental services in accordance with COMAR [[10.09.05.04A(1)—(3), (5), (7), (9) and C(1)(e) and (2)]] 10.09.05; and

F. Specialty behavioral health services in accordance with COMAR [[10.09.59.06]] 10.09.59 and [[10.09.80.05]] 10.09.80.

.06 Reimbursement Methodology.

A.B. (proposed text unchanged)

C. Local health department clinics or general clinics shall be paid the lesser of:

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

(2) The maximum rates according to COMAR 10.09.02.07[[; or]].

[[(3) In the case of specialty behavioral health services, in accordance with COMAR 10.21.25.]]

D. The Department shall reimburse an SBHC, sponsored by an FQHC, for [[somatic]] services in accordance with COMAR 10.09.08.08.

[[E. The Department shall reimburse an SBHC, sponsored by an FQHC, for dental services at an all-inclusive, per-visit cost-based rate that has been established in accordance with COMAR 10.09.08.08.]]

[[F.]] E. The Department shall reimburse an SBHC, sponsored by an LHD or general clinic, for [[dental]]:

(1) Dental services in accordance COMAR 10.09.05.07; and

(2) Specialty behavioral health services in accordance with COMAR 10.21.25 and 10.09.80.08.

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.80 Community-Based Substance Use Disorder Services

Authority: Health-General Article, §§2-104(b), 7.5-204, 7.5-402, 15-103(a)(1), and 15-105(b), Annotated Code of Maryland

Notice of Final Action

[16-330-F]

On March 17, 2017, the Secretary of Health and Mental Hygiene adopted amendments to Regulations .01, .05, .06, and .08 under COMAR 10.09.80 Community-Based Substance Use Disorder Services. This action, which was proposed for adoption in 43:25 Md. R. 1402—1404 (December 9, 2016), has been adopted with the nonsubstantive changes below.

Effective Date: April 10, 2017.

Attorney General's Certification

In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:

Regulation .01B(5): In response to comments received, the Department reviewed its definition of a DATA 2000 Waived Provider and clarified that, in addition to physicians, nurse practitioners and physicians assistants are able to receive DATA 2000 waivers.

Regulation .01B(12): In response to comments received, the Department added a definition for medication management as a clarification of the proposed text.

Regulation .05F: In response to comments received, the Department clarified that, while medical services are required to be completed by a DATA 2000 waived provider, other therapeutic and clinical services can be completed by alcohol and drug counselors and other staff as appropriate.

Regulation .06B(9): The Department corrected a typographic error.

Regulation .06B(10): The Department clarified that the limitation against ambulatory withdrawal management being billed during the same week as opioid/buprenorphine maintenance therapy or induction applies to any provider offering these services, not just the OTP.

Regulation .06B(11): The Department clarified that medication management and induction may not be billed during the same week, as they are duplicative services.

.01 Definitions.

A. (proposed text unchanged)

B. Terms Defined.

(1)(4) (proposed text unchanged)

(5) “DATA 2000 waived provider” means a [[physician]] provider who has received a waiver under the Drug Addiction and Treatment Act of 2000 which expands the clinical context of medication assisted opioid dependency treatment and permits qualified physicians, nurse practitioners, and physician assistants to dispense or prescribe certain narcotic medications that have a lower risk of abuse, like buprenorphine, in settings other than an opioid treatment program.

(6)—(11) (proposed text unchanged)

(12) “Medication management” means a visit with a physician, nurse practitioner, or physician assistant for the purpose of evaluation, prescribing, and providing medications for substance use disorder symptom reduction, withdrawal management, or medication assisted treatment.

[[(12)]] (13)[[(19)]] (20) (proposed text unchanged)

.05 Covered Services.

A.—E. (proposed text unchanged)

F. Buprenorphine and other medication assisted treatment delivered by an OHCQ certified or licensed substance use disorder treatment provider that employs a DATA 2000 waived provider shall include the following:

(1) [[Be]] Services delivered by a DATA 2000 waived provider[[;]], including:

[[(2)]] (a) [[Include pharmacological]] Pharmacological interventions, including the use of FDA-approved opiate agonist and partial agonist treatment medications to provide treatment, support, and recovery to opioid-addicted participants;

[[(3)]] (b) [[Include, at]] At a minimum, medical services required to be provided by the Program that:

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

[[(4)]] (c) [[Include ordering]] Ordering and administering non-narcotic drugs; and

(2) Services provided by alcohol and drug counselors and other staff as appropriate, including:

(a) Substance use disorder and related counseling as recommended in the individualized treatment plan; and

[[(5)]] (b) [[Include point]] Point of care presumptive drug testing that shall be:

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

G.H. (proposed text unchanged)

.06 Limitations.

A. (text unchanged)

B. Providers may not be reimbursed by the Program for:

(1)—(8) (proposed text unchanged)

(9) Buprenorphine maintenance therapy delivered by an opioid treatment program[[,]] or an OHCQ certified[[,]] or [[a]] licensed substance use disorder treatment provider during the same week as Methadone Maintenance Therapy;

(10) Ambulatory withdrawal management during the same week as [[services delivered by an opioid treatment program]] an opioid maintenance therapy, medication assisted treatment induction, or buprenorphine maintenance service;

(11) Medication management billed by an opioid treatment program or an OHCQ certified or licensed substance use disorder treatment provider during the same days as medication assisted treatment induction;

[[(11)]] (12)[[(17)]] (18) (proposed text unchanged)

C.—J. (proposed text unchanged)

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Title 15
DEPARTMENT OF AGRICULTURE

Subtitle 18 STATE CHEMIST

15.18.09 Pet Food and Specialty Pet Food

Authority: Agriculture Article, §6-101 et seq., Annotated Code of Maryland

Notice of Final Action

[17-008-F]

On March 15, 2017, the Secretary of Agriculture adopted new Regulations .01—.15 under a new chapter, COMAR 15.18.09 Pet Food and Specialty Pet Food. This action, which was proposed for adoption in 44:2 Md. R. 146—152 (January 20, 2017), has been adopted as proposed.

Effective Date: April 10, 2017.

JOSEPH BARTENFELDER
Secretary of Agriculture

 

Title 21
STATE PROCUREMENT REGULATIONS

Subtitle 02 STATE PROCUREMENT ORGANIZATION

21.02.01 Board of Public Works

Authority: Education Article, §§14-204, 14-205, and 14-405; State Finance and Procurement Article, §§12-101, 12-107, 12-202, 12-203, 12-204, 13-108, and 15−112; Annotated Code of Maryland; Ch. 471, Acts of 1991; Ch. 608, Acts of 1999; Ch. 581, Acts of 2016

Notice of Final Action

[17-005-F]

     On March 8, 2017, the Board of Public Works adopted Amendments to Regulations .04 and .05 under COMAR 21.02.01 Board of Public Works. This action, which was proposed for

 

adoption in 44:1 Md. R. 57—58 (January 6, 2017), has been adopted as proposed.

Effective Date: April 10, 2017.

SHEILA McDONALD
Executive Secretary

 

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 08 PROPERTY AND CASUALTY INSURANCE

31.08.13 Application of a Percentage Deductible in the Case of a Hurricane

Authority: Insurance Article, §§2-109, 19-209, and 19-209.1, Annotated Code of Maryland

Notice of Final Action

[16-253-F]

On March 17, 2017, the Insurance Commissioner adopted amendments to Regulations .01, .02, .03, and .05 and the repeal of Regulations .04 and .06 under COMAR 31.08.13 Application of a Percentage Deductible in the Case of a Hurricane or Other Storm. This action, which was proposed for adoption in 43:20 Md. R. 1146—1147 (September 30, 2016) and reproposed in 44:2 Md. R. 156—157 (January 20, 2017), has been adopted as reproposed.

Effective Date: April 10, 2017.

ALFRED W. REDMER, JR.
Insurance Commissioner

 


Proposed Action on Regulations

 


 



Title 07
DEPARTMENT OF HUMAN RESOURCES

Subtitle 02 SOCIAL SERVICES ADMINISTRATION

07.02.07 Child Protective Services — Investigation of Child Abuse and Neglect

Authority: Family Law Article, [§5-701 et seq.] Title 5, Subtitle 7; Human Services Article, [§1-202, [4-202,] and 4-207; Criminal Law Article, §§3-601,3-602, and 3-602.1; Annotated Code of Maryland

 Chs. 398 and 399, Acts of 2011 (Agency Note: 42 U.S.C. 5106a(b)(2); 45 CFR §1340.20)

Notice of Proposed Action

[17-107-P]

The Secretary of Human Resources proposes to repeal existing Regulations .01—.23 and adopt new Regulations .01—.23 under COMAR .07.02.07 Child Protective Services — Investigation of Child Abuse and Neglect.

Statement of Purpose

The purpose of this action is to update the Child Protective Services regulations to incorporate changes in federal and State regulations and departmental policies and clarify the provisions as a result of court decisions.

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 Stephanie Cooke, In Home Services Analyst, Social Services Administration, 311 W. Saratoga Street Baltimore, MD 21201-3500, or call 410-767-7778, or email to stephanie.cooke@maryland.gov, or fax to 410-333-0637. Comments will be accepted through May 1, 2017. A public hearing has not been scheduled.

 

.01 Purpose and Scope.

A. The purpose of Child Protective Services is to stop and prevent child abuse and neglect through the:

(1) Investigation of child abuse and neglect;

(2) Comprehensive assessment of safety, risk and service needs; and

(3) Provision of services or service referrals for abused or neglected children and their families.

B. These regulations establish the appropriate protocols for local departments of social services to:

(1) Accept reports of suspected child abuse or neglect;

(2) Promptly determine whether to investigate a report or to initiate a comprehensive family assessment;

(3) Complete a timely investigation or family assessment appropriate to the circumstances;

(4) After an investigation, make a finding consistent with the law;

(5) After conducting a family assessment, complete and distribute a written assessment addressing safety and risk; and

(6) Create and maintain accurate reports and records that can serve as tools in providing services and in future involvement with the family.

.02 Definitions.

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

B. Terms Defined.

(1) “Administration” means the Social Services Administration of the Department of Human Resources.

(2) “Alleged maltreatment” means child abuse or neglect reported to a local department.

(3) “Alleged maltreator” means an individual named in a report as having abused or neglected a child.

(4) “Alleged victim” means a child named in a report as having been abused or neglected.

(5) “Alternative response” means a component of Child Protective Services that provides for comprehensive assessment of:

(a) Risk of harm to a child;

(b) Risk of subsequent child abuse or neglect;

(c) Family strengths and needs; and

(d) The provision of necessary services or referrals for service.

(6) Caregiver.

(a) “Caregiver” means an individual who has permanent or temporary care, custody, or responsibility for supervision of a child.

(b) “Caregiver” includes but is not limited to, a stepparent, foster parent, guardian, custodian, employee, or volunteer in a facility or program caring for a child or any individual engaged in sex trafficking a child or otherwise controlling a child who is involved in sex trafficking or prostitution.

(7) “Centralized confidential database” means the Department’s internal computerized data system that contains information regarding child abuse and neglect investigations and assessments and protects that information from disclosure.

(8) “Child” means an individual younger than 18 years old.

(9) “Child abuse” means one or more of the following by a parent, caregiver, or household or family member:

(a) Physical injury, not necessarily visible, or mental injury of a child under circumstances that indicate that the child's health or welfare was harmed or placed at substantial risk of harm; or

(b) Sexual abuse of a child regardless of whether the child has physical injuries.

(10) “Child advocacy center” means a child-focused facility or program that evaluates, diagnoses, or treats alleged victims.

(11) “Child in need of assistance (CINA)” has the meaning stated in Courts and Judicial Proceedings Article, §3-801(f), Annotated Code of Maryland.

(12) “Child neglect” means one or more of the following by a parent or caregiver:

    (a) A failure to provide proper care and attention to a child, including leaving a child unattended, under circumstances that indicate that the child's health or welfare was harmed or placed at substantial risk of harm; or

    (b) Mental injury of a child caused by the failure to provide proper care and attention to a child.

 (13) “Child Protective Services (CPS)” means the unit in a local department responsible for responding to reports of suspected child abuse or neglect.

(14) “Client Information System (CIS)” means the Department's automated database that maintains data related to local department programs and services.

(15) “CPS response” means an investigation or assessment conducted pursuant to Family Law Article, §5-706, Annotated Code of Maryland.

 (16) “Custodian” means an agency or individual, other than a child's parent or legal guardian, to whom a court has given legal custody.

(17) “Department” means the Department of Human Resources.

(18) “Educator or human service worker” means any professional employee of a:

(a) Correctional institute;

(b) Public, parochial, or private educational facility;

(c) Health care facility;

(d) Juvenile services facility;

(e) Social service agency or institution;

(f) Licensed facility including but not limited to:

(i) Caseworkers;

(ii) Counselors;

(iii) Probation or parole officers;

(iv) Social workers; and

(v) Teachers.

(19) Failure to Provide Proper Care and Attention.

(a) “Failure to provide proper care and attention” means the omission of proper care or attention or the provision of improper care or attention.

(b) “Failure to provide proper care and attention” includes leaving a child unattended.

(20) “Family member” means a relative by blood, adoption, or marriage.

(21) “Final determination” means a finding of the local department after all timely appeals.

(22) “Finding” means a conclusion at the end of an investigation that child abuse or neglect is indicated, unsubstantiated, or ruled out and the identification of an individual responsible for unsubstantiated or indicated child abuse or neglect.

(23) “Grooming a child for sexual activity” means forming an emotional connection with a child with the intent of making the child more receptive to sexual conduct.

(24) “Health care practitioner” has the meaning stated in Health Occupations Article, §1-301, Annotated Code of Maryland.

(25) “Household member” means an individual who lives in, or is regularly present in the home of a child at the time of the alleged child abuse or neglect.

(26) “Identifying information” means the name of:

(a) The alleged victim;

(b) A household or family member of the alleged victim;

(c) A parent or legal guardian of the alleged victim; and

(d) The alleged maltreator.

(27) “Indicated” means a finding that there is credible evidence, which has not been satisfactorily refuted, that child abuse or neglect occurred.

(28) “Law enforcement agency” means a police department, bureau, or agency including but not limited to:

(a) A federal, State, county, or municipal police department or agency;

(b) A Sheriff's office;

(c) A State's Attorney's office; and

(d) The Attorney General's office.

(29) “Law enforcement officer” means any member of a law enforcement agency who is authorized to make arrests as part of the officer's official duties.

(30) “Local department” means a department of social services, including the Montgomery County Department of Health and Human Services, with authority to investigate, assess, or assist in investigating or assessing a report of suspected child abuse or neglect.

(31) “Maltreatment” means child abuse or neglect.

(32) “Maltreator” means an individual whom a local department has found responsible for child abuse or neglect that was not ruled out.

(33)“Mandated reporter” means a health practitioner, educator, human service worker, or law enforcement officer required to notify a local department or law enforcement of suspected child abuse or neglect pursuant to Family Law Article, §5-706, Annotated Code of Maryland.

(34) “Mental injury” means an observable, identifiable, and substantial impairment of a child's mental or psychological ability to function.

(35) “Multidisciplinary case consultation team” means a group of professionals, including a local department, convened to consult regarding an investigation, assessment, or provision of services after a report of child abuse or neglect.

(36) “Office of Child Care” means the unit of the Maryland State Department of Education responsible for regulating facilities and homes providing care for children.

(37) Out-of-Home Care.

(a) “Out-of-home care” means care provided to a child in a setting other than the home of the child's parent or guardian.

(b) “Out-of-home care” includes but is not limited to care and supervision provided in day care, foster care, residential or 24-hour care, respite care, preschool, school, camp, or recreational programs.

(38) “Out-of-home placement” has the meaning stated in COMAR 07.02.11.03B(34).

(39) “Preponderance of the evidence” means that it is more likely than not that an act or omission occurred.

(40) Providing Proper Care and Attention.

(a) “Providing proper care and attention” means providing care appropriate to the child's needs and development.

(b) “Providing proper care and attention” includes but is not limited to:

(i) Providing appropriate food, clothing, shelter, medical care, nurturing, activity, guardianship, and supervision; and

(ii) Caring and planning for the child's welfare.

(41) “Receiving a report” means obtaining sufficient information about suspected child abuse or neglect to make a decision as to what CPS or other response is appropriate.

(42) “Record” means the original or a copy of documentary material, in any form, concerning a report or CPS response to an allegation of child abuse or neglect.

(43) “Regularly present in a household” means visiting or staying in a home with sufficient frequency to become a significant part of the child's or family's life.

(44) “Report” means an allegation of child abuse or neglect made or received by any state, county, or municipal corporation, with sufficient information to screen the report for an appropriate CPS or other response.

(45) “Responsible for child abuse or neglect” means having an unexpunged finding of unsubstantiated or indicated child abuse or neglect.

(46) “Ruled out” means a finding that child abuse or neglect did not occur.

(47) “Screen out” means reviewing a report of suspected child abuse or neglect and determining that the local department will not accept the report for a CPS response.

(48) “Screen the report” means reviewing a report of suspected child abuse or neglect and determining whether the report meets the criteria for a CPS response or referral to other programs or services.

(49) “Sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act.

(50) “Sexual abuse” means any act that involves sexual molestation, exploitation or sex trafficking of a child.

(51) Sexual Molestation or Exploitation.

(a) “Sexual molestation or exploitation” means sexual contact or conduct with a child.

(b) “Sexual molestation or exploitation” includes but is not limited to:

(i) Engaging in exposure or voyeurism;

(ii) Making sexual advances;

(iii) Kissing or fondling;

(iv) Grooming for sexual activity;

(v) Committing a sexual crime in any degree including rape, sodomy, or prostitution;

(vi) Allowing, encouraging, or engaging in obscene or pornographic display, photographing, filming, or depiction of a child in a manner prohibited by law; or

(vii) Sex trafficking.

(52) “Substantial risk of harm” means a real threat to a child’s health or welfare during alleged child abuse or neglect.

(53) “Suspected child abuse” means child abuse to which a reporter believes a child has been subjected.

(54) “Suspected child neglect” means child neglect to which a reporter believes a child has been subjected.

(55) “Unsubstantiated” means a finding that there is insufficient evidence to support a finding of indicated or ruled out.

(56) “Victim” means a child who has been abused or neglected.

(57) “Voluntary placement” has the meaning stated in Family Law Article, §5-525(b)(2), Annotated Code of Maryland.

.03 Eligibility for a CPS Response.

A. Without regard to economic circumstances, the following individuals are eligible for a CPS response:

(1) An alleged victim;

(2) An alleged maltreator; and

(3) Household and family members of the alleged victim.

B. Alternative Response. Reports that are eligible for an alternative response include:

(1) A report of child neglect involving a disabled infant with a life-threatening condition from whom medically indicated treatment, as defined by 42 U.S.C.§5106g, has been withheld; and

(2) A report of child abuse or neglect that appears to pose a low risk of harm to a child.

C. Investigation.

(1) A report that is not assigned for an alternative response shall be assigned for an investigation.

(2) Reports that are not eligible for an alternative response and must be investigated are:

(a) Reports of sexual abuse;

(b) Reports of child abuse or neglect occurring in an out-of-home placement;

(c) Reports resulting in death, mental injury, or a serious physical injury; and

(d) Reports in which the alleged maltreator has:

(i) Been identified as responsible for child abuse or neglect in the previous 3 years;

(ii) Had a report assigned for an alternative response within the previous 12 months; or

(iii) Had two reports assigned for an alternative response within the previous 24 months.

D. Reassignment.

(1) With a CPS supervisor’s approval, a report assigned for an alternative response may be reassigned at any time for an immediate investigation if:

(a) The case satisfies a criterion in §C of this regulation or fails to satisfy the criteria in §B of this regulation;

(b) A family is unable or has refused to participate in the alternative response assessment; or

(c) Other factors or circumstances indicate the family is inappropriate for an alternative response.

(2) With a CPS supervisor’s approval, a report assigned for an investigation may be reassigned for an alternative response at any time if:

(a) The case satisfies a criterion in §B of this regulation and does not satisfy the criteria in §C of this regulation; and

(b) Accepted services would address all issues of risk of child abuse or neglect and child safety.

E. As required by COMAR 07.02.04.04E, if a parent, guardian, or custodian is unwilling to sign a statement acknowledging receipt of written information about CPS responses on the form prescribed by the Administration, the local department shall document the refusal and sign the form.

.04 Reporting Child Abuse or Neglect.

A. Individuals who are not mandated reporters and have reason to believe that a child has been abused or neglected shall immediately notify a local law enforcement agency or a local department by any available means.

B. A mandated reporter shall report suspected child abuse or neglect that occurred in Maryland:

(1) By oral report immediately after the contact or event that revealed the suspected child abuse or neglect to the local department or law enforcement agency in the jurisdiction where the suspected child abuse or neglect occurred; and

(2) By written report within 48 hours of the contact or event that revealed the suspected child abuse or neglect to the local department and the State’s Attorney’s Office in the jurisdiction where the suspected child abuse or neglect occurred.

C. A mandated reporter shall report suspected child abuse or neglect that occurred outside of Maryland to any local department in accordance with Family Law Article, §5-705.1, Annotated Code of Maryland.

D. Upon request, a local department shall provide a mandated reporter with a supply of forms created by the Administration that the mandated reporter may use in making a written report.

E. An employee of a local department shall immediately forward any report of suspected child abuse or neglect received in the course of employment, however communicated, to CPS to screen the report.

F. A reporter shall include in a report of suspected child abuse or neglect as much of the following information that is available:

(1) The names and home addresses of the alleged victim, the alleged victim’s parents, and any other individual responsible for the alleged victim’s care;

(2) The present location of the alleged victim;

(3) The alleged victim’s age;

(4) The names and ages of other children in the alleged victim’s home or in the care of the alleged maltreator;

(5) The specific nature and extent of injury, sexual conduct, or failure to provide proper care and attention;

(6) Previous child abuse or neglect of the alleged victim or by the alleged maltreator;

(7) Other information that might be of assistance to the local department in determining:

(a) The cause of injury or of a failure to provide proper care and attention;

(b) The identity of individuals responsible for the alleged child abuse or neglect; and

(c) The safety of the alleged victim and risk of future maltreatment; and

(8) In the case of suspected child abuse or neglect involving a mental injury:

(a) A description of the substantial impairment of the child's mental or psychological ability to function;

(b) An explanation of why the reporter believes the mental injury is attributable to maltreatment;

(c) Any observations or knowledge about the intent or recklessness of the alleged maltreator in causing a mental injury.

G. The failure or inability of a reporter to provide the information in §F of this regulation will not be grounds for screening out the report unless the information provided is insufficient to allow the local department to locate or identify the alleged victim.

H. An individual is not required to report suspected child abuse or neglect in violation of:

(1) The attorney-client privilege under Courts and Judicial Proceedings Article, §9-108, Annotated Code of Maryland including communications:

(a) In confidence by a client to the client's attorney, relating to the representation of the client, or

(b) That would violate a constitutional right to assistance of counsel; or

(2) The privilege in Courts and Judicial Proceedings Article, §9-111, Annotated Code of Maryland, pertaining to communications to a minister of the gospel, clergyman, priest, or rabbi of an established religion received in a professional capacity under circumstances where the professional is bound to maintain the confidentiality of that communication under canon law, religious doctrine, or practice.

.05 Receiving Reports of Child Abuse or Neglect.

A. A local department shall accept reports of suspected child abuse or neglect from any source including local department staff.

B. A local department shall establish a process for ensuring that a report of suspected child abuse or neglect is immediately directed to CPS for an appropriate response.

C. On-Call Staff.

(1) A local department shall have trained staff on-call 24 hours a day, seven days a week, to receive and take appropriate action on reports of suspected child abuse and child neglect.

(2) A local department shall ensure that the public has a means of making reports outside of normal office hours.

D. If a local department receives a report of suspected child abuse or neglect alleged to have occurred in Maryland, it shall:

(1) Promptly acknowledge receipt of the report in writing to each reporter stating that the local department will take appropriate action; and

(2) Immediately notify the local law enforcement agency orally or in writing of any report accepted for a CPS response; and

 (3) By the end of the next business day following the day of the report, notify law enforcement in writing of the report if the initial notification was communicated orally.

E. If a local department where the alleged maltreatment occurred accepts a report for alternative response and the alleged victim resides in another Maryland jurisdiction, the local department shall immediately forward the report to the local department in the jurisdiction where the child resides to complete the alternative response.

F. Child Abuse or Neglect Alleged to Have Occurred Outside of the State. Promptly after receiving a report of suspected child abuse or neglect pursuant to Regulation .04C of this chapter:

(1) The local department shall forward the report to the appropriate agency in the state where the suspected abuse or neglect occurred; and

(2) If the child resides in Maryland, notify the local department in the jurisdiction where the child resides.

G. If a reported incident of suspected child abuse or neglect does not meet the definition of child abuse or neglect in Regulation .02B of this chapter, the local department may:

(1) Decline to initiate a CPS response;

(2) Make referrals to other services or agencies; and

(3) Maintain a record of non-identifying information including:

(a) A summary of the allegation; and

(b) The reason for not accepting the report for a CPS response.

H. If a report of suspected child abuse or neglect arises from the failure of a voluntary placement involving a child with disabilities and diagnostic evidence, family history, and current circumstances do not support a reasonable fear for the safety of the child or family members, a local department shall initiate an appropriate CPS response.

I. If the local department receives a report of suspected child abuse or neglect based on information that the reporter knew to be false at the time of the report, the local department shall, upon completion of the CPS response, refer the reporter to the local State's Attorney's office for possible prosecution under Criminal Law Article, §9-503, Annotated Code of Maryland.

J. Failure to Report.

(1) If, during a CPS response, the local department has substantial grounds to believe that a mandated reporter knowingly failed to report suspected child abuse or neglect as required by Family Law Article, §5-704, Annotated Code of Maryland, the local department shall:

(a) If the person is employed as a health practitioner, notify the appropriate licensing board in accordance with the provisions of the Health Occupations Article;

(b) If the person is employed as a law enforcement officer, notify the law enforcement agency with which the person is employed; or

(c) If the person is employed as an educator or human service worker, notify the county board of education or the appropriate agency, institution, or licensed facility with which the person is employed.

(2) For purposes of this section, a mandated reporter may be found to have knowingly failed to report if the mandated reporter:

(a) Had reason to believe child abuse or neglect occurred and did not make a report; and

(b) Had no basis to conclude that another individual had made the mandated report.

.06 Initial Response to a Report of Suspected Child Abuse or Neglect.

A. The local department shall attempt to obtain from a reporting source the information set forth in Regulation .04F of this chapter.

B. The local department shall enter identifying information into the centralized confidential database and, as appropriate, add to or correct information already entered.

C. The local department shall use the centralized confidential database, CIS, other appropriate databases, and available case records to obtain information concerning the alleged maltreator, alleged victim, the alleged victim’s caregiver, household or family members of the alleged victim, and other individuals as appropriate.

D. If a local department determines that, due to the identity of the alleged maltreator as a local department employee, immediate family member of an employee, or other individual with substantial ties to the local department, the local department’s objectivity in providing a CPS response might reasonably be questioned or that extra security measures are warranted to protect the individual’s privacy, the local department shall:

(1) Take appropriate steps to restrict access to the report and CPS response; and

(2) When appropriate because of possible bias or appearance of bias:

(a) Request that another local department conduct the CPS response and recommend a finding or service plan; and

(b) If necessary, contact the Administration to request its intervention.

E. Report of Child Fatality. If a report of suspected child abuse or neglect involves a child fatality:

(1) The local department shall contact the Administration immediately to:

(a) Provide information concerning the incident; and

(b) Discuss the local department's plan for completing the investigation and responding to any inquiries made pursuant to Human Services Article, §1-203, Annotated Code of Maryland; and

(2) The Administration shall promptly notify the State Fatality Review Team.

F. Report Concerning Child Care. If a report of suspected child abuse or neglect concerns a child care center or family day care home, the local department shall:

(1) Promptly notify the Office of Child Care's regional manager; and

(2) If the report is accepted for a CPS response, respond in accordance with procedures agreed upon by the local department and the Office of Child Care.

G. Report Concerning Out-of-Home Placement. If a report of suspected child abuse or neglect concerns a child in an out-of-home placement, the local department shall:

(1) Notify the Administration;

(2) In the case of an out-of-home placement licensed by a child placement agency, notify the child placement agency;

(3) In the case of an out-of-home placement licensed by a local department:

(a) Notify:

(i) The caseworker for the alleged victim;

(ii) The caseworker for the out-of-home placement; and

(iii) If the alleged maltreator is a child in the out-of-home placement, the worker for the alleged maltreator; and

(b) Coordinate the CPS response with the caseworker for the out-of-home placement and the alleged victim; and

(4) Exchange information with the Administration, caseworkers, and a child placement agency regarding:

(a) Actions taken regarding the out-of-home placement or children in the out-of-home placement;

(b) Information having a bearing on the safety of children in the out-of-home placement; and

(c) The disposition of the child abuse or neglect investigation.

H. If a report of suspected child abuse or neglect concerns an adult who is believed to have been abused or neglected as a child, the local department shall:

(1) Determine if the alleged maltreator:

(a) Is currently the parent of a child;

(b) Has permanent or temporary care, custody, or responsibility for supervision of a child; or

(c) Is a household or family member of a child; and

(2) Assess whether children are at risk of child abuse or neglect by the alleged maltreator; and

(3) After assessing the extent of the child abuse or neglect, how recently the child abuse or neglect occurred, the risk to other children, and the identity of the alleged maltreator, conduct a CPS response.

I. If appropriate, the local department shall request information from a provider of health care, including mental health care or substance abuse treatment, regarding a child or adult being assessed or served in connection with a reported incident of suspected child abuse or neglect.

J. CPS Responses Across Jurisdictional Lines in Maryland.

(1) Investigations.

(a) Except as provided in §J(4) of this regulation, if the alleged child abuse or neglect occurred in a jurisdiction other than where the alleged victim or maltreator lives, the local department where the alleged child abuse or neglect occurred is responsible for the investigation.

(b) The local department responsible for the investigation shall:

(i) Coordinate activity of involved law enforcement agencies and local departments;

(ii) Immediately notify the local department in the jurisdiction where the alleged victim or maltreator resides;

(iii) Forward the results of interviews conducted in other jurisdictions to the State's Attorney's office and the local law enforcement agency; and

(iv) Make the finding.

(c) The local department where the alleged victim or alleged maltreator lives shall:

(i) See an alleged victim living in that jurisdiction within the mandated timeframe under Regulations .08 and .16 of this chapter and conduct any requested interview of the alleged victim or family;

(ii) Assess the service needs of an alleged victim and family living in that jurisdiction, including the alleged victim’s need for protection from further child abuse or neglect;

(iii) Initiate any court action necessary to protect the alleged victim or other children in the care of the alleged maltreator who are at risk of child abuse or neglect;

(iv) When requested, interview the alleged maltreator;

(v) Forward the results of interviews, including recordings of interviews, to the local department where the child abuse or neglect is alleged to have occurred;

(vi) Forward any recommended finding to the local department where the child abuse or neglect is alleged to have occurred; and

(viii) Provide services if appropriate to the alleged victim, and the alleged victim’s family and household; and

(d) If a local department receives a request from another local department pursuant to §D of this regulation, the local department to which a report has been referred is responsible for the investigation in accordance with §J(1)(a) and (b) of this regulation and forwarding a recommended finding to the referring local department.

(2) Alternative Response.

(a) If the local department where the child abuse or neglect is alleged to have occurred determines that an alternative response is appropriate, the local department in the jurisdiction where the child resides shall conduct the alternative response.

(b) The local department conducting an alternative response is responsible for completing the assessment under Regulation .15 of this chapter.

(c) If the local department conducting the alternative response assessment becomes aware of a mandatory disqualifying factor, that local department shall immediately contact the local department where the child abuse or neglect is alleged to have occurred to discuss the new information.

K. CPS Responses Across State Lines.

(1) If a local department receives a report of alleged child abuse or neglect that occurred in another State, the local department shall:

(a) Directly contact the agency responsible for the investigation or assessments of such reports in the state and jurisdiction where the maltreatment is alleged to have occurred; and

(b) Request that the reporter also contact the appropriate agency in the other jurisdiction.

(2) If the alleged victim resides or is in Maryland, the local department shall:

(a) Interview the child to assess the child’s safety; and

(b) Offer services to the child and the child's family.

(3) The local department shall cooperate to the extent requested with the agency investigating or assessing the report in a timely manner.

.07 Investigation of Suspected Child Abuse and Neglect — General.

A. During an investigation, the local department shall:

(1) Assess the immediate safety and risk of maltreatment of the alleged victim and of the children who are household or family members of the alleged victim or in the care or custody of the alleged maltreator;

(2) Determine if the alleged child abuse or neglect or any other child abuse or neglect is indicated, unsubstantiated, or ruled out;

(3) Determine what services, if any, are appropriate and make referrals as necessary;

(4) Initiate shelter care, CINA proceeding, or voluntary placement as appropriate; and

(5) If possible, determine the identity of a maltreator.

B. If necessary, the local department shall obtain information from the reporting source, parents, other relatives, community members, and other appropriate community resources including schools, hospitals, clinics, or law enforcement agencies.

C. If the local department is denied entry to a child care center or family day care home to conduct an on-site investigation, the local department shall contact the Office of Child Care’s regional manager in an attempt to gain entry under COMAR 13A.15.07 and 13A.16.07.

D. Initial Interviews.

(1) Before an initial interview with an adult, the local department representative shall present identification.

(2) Before an initial interview with a child, the local department representative shall provide identification in a manner appropriate to the child's developmental level.

(3) During an initial interview with the alleged maltreator, the local department representative shall advise the alleged maltreator of:

(a) The nature of the alleged child abuse or neglect; and

(b) The local department's investigation process.

E. Danger to a Child.

(1) If the local department considers an alleged victim to be in danger of immediate harm or injury, the local department shall:

(a) Make the least disruptive and least traumatic arrangements necessary for the child's protection and care including but not limited to:

(i) Agreeing that the alleged victim may stay with a relative; or

(ii) Encouraging the family to seek a protective order to limit the alleged maltreator's access to the alleged victim; and

(b) If in the best interest of the safety and protection of the alleged victim, remove the child from the home with or without the consent of the parent, guardian, or custodian and:

(i) Obtain court authorization for shelter care, if possible, before removal or as soon afterward as possible under Courts and Judicial Proceedings Article, §3-815, Annotated Code of Maryland; and

(ii) Notify the child's parents, guardians, or custodian of scheduled hearings.

(2) If the local department is denied access to an alleged victim and has reason to believe the child is in serious immediate danger, the local department shall request the assistance of a law enforcement officer, who may use reasonable force to gain access to and ensure the protection and safety of the child.

(3) If the local department is denied access to a child for purposes of conducting an interview or making an assessment necessary to determine if the child is in serious danger, the local department may seek a court order directing that the child be made available for an interview or assessment.

F. Physical Examination of a Child.

(1) If a local department takes an alleged victim into custody without parental consent or before court approval, the local department shall have the child examined to:

(a) Relieve any urgent illness or life-threatening health condition; and

(b) Determine the nature or extent of any child abuse or neglect.

(2) The local department shall attempt to obtain the consent of the parent, guardian, or custodian of the child for an examination.

(3) A licensed physician or an individual under the control or supervision of a licensed physician may examine and provide emergency treatment for a child without parental consent if the local department or law enforcement officer states a belief that a child has been abused or neglected.

(4) If an alleged victim is examined or treated under this regulation:

(a) The local department shall:

(i) Attempt to obtain information regarding health care insurance coverage available to the child, including medical assistance; and

(ii) If necessary, secure medical assistance for an eligible child examined or treated under the emergency conditions.

(b) The Department of Health and Mental Hygiene shall pay all reasonable physician or health care institution charges not covered by other resources; and

(c) The child's parent, guardian, or custodian shall repay the Department of Health and Mental Hygiene for examinations or treatment.

G. The local department or, if warranted, law enforcement shall notify the State's Attorney's office of any preliminary findings in a child abuse investigation within ten days of receipt of the report of suspected child abuse.

.08 On-Site Investigation.

A. Physical and Sexual Abuse. Within 24 hours of receiving a report of suspected child abuse, the local department or, by joint agreement with the appropriate law enforcement agency, a law enforcement officer, shall:

(1) Initiate an on-site investigation;

(2) Except in the case of a child fatality, see the alleged victim and determine if the health, safety, and well-being of the alleged victim requires removing the child;

(3) Attempt to see any other children who are in the care of the alleged maltreator and determine if the health, safety, and well-being of the children require that they be removed;

(4) Attempt to have an on-site interview with the alleged victim's caregiver;

(5) Document all visits or attempted visits; and

(6) If appropriate, obtain information relating to possible resources for the child.

B. Neglect—Other Than Mental Injury. Within five days of receiving a report of alleged child neglect, the local department shall follow the procedures under §A of this regulation.

C. Abuse and Neglect—Mental Injury.

(1) Within 5 days of receiving a report of alleged child abuse or neglect involving mental injury, a local department shall follow the procedures under §A of this regulation.

(2)Finding of mental injury

(a) If during an investigation of child abuse or neglect, CPS finds evidence that a child’s emotional or psychological welfare may have been harmed, CPS shall consider whether the child has sustained a mental injury.

(b) Behavior that may be relevant to a finding of mental injury includes but is not limited to:

(i) Implied or overt threats of death or serious injury made to a child or in a child’s presence;

(ii) Implied or overt threats made in a child’s presence to intentionally harm an animal;

(iii) Constant denigration of a child;

(iv) Extensive emotional or physical isolation or confinement of a child;

(v) Extreme antagonistic behavior by one or both parents toward the other parent; or

(vi) Unnecessary and unwarranted medical diagnosis or treatment of a child.

(3) Professional Assessments – Mental Injury.

(a) If a worker suspects mental injury, the worker shall promptly obtain an assessment by any two of the following:

(i) A licensed physician, as defined in Health Occupations Article, §14-101, Annotated Code of Maryland;

(ii) A licensed psychologist, as defined in Health Occupations Article, §18-101, Annotated Code of Maryland; and

(iii) A licensed social worker, as defined in Health Occupations Article, §19-101, Annotated Code of Maryland, including a licensed social worker employed by any local department.

(b) If a professional assessor concludes that the child has sustained a mental injury, the local department shall request a written assessment that includes:

(i) A description of an observable, identifiable, and substantial impairment of the child’s mental or psychological ability to function; and

(ii) An explanation of the act or omission that is believed to have caused the mental injury.

(c) In conducting the investigation and making a finding, the local department shall consider professional assessments in addition to other information gathered during the investigation.

(4) Mental Injury – Categorized.

(a) Mental injury caused by an act to a child is child abuse; and

(b) Mental injury caused by an omission or other failure to provide proper care or attention to a child is child neglect.

.09 Completing the Investigation of Alleged Child Abuse or Neglect.

A. A local department shall complete and document an investigation using assessment tools and forms required by the Administration.

B. A local department or, in a joint investigation, a law enforcement agency shall:

(1) To the extent possible, complete an investigation within 10 days of receiving a report; or

(2) If additional time is required, complete the investigation within 60 days of receiving a report.

C. An investigation is complete when the local department has completed the requirements of Regulation .07A of this chapter and a supervisor has approved the finding.

.10 Identification of Alleged Maltreator.

A. Except as provided in §C of this regulation, when a local department completes an investigation with a finding of indicated or unsubstantiated child abuse or neglect, the local department shall identify a maltreator.

B. If a local department completes an investigation with a finding of ruled out child abuse or neglect, the local department may not identify a maltreator.

C. A local department shall not identify a maltreator in a case of indicated or unsubstantiated child abuse or neglect if the evidence is insufficient to identify:

(1) A parent, caregiver, or household or family member of the alleged victim responsible for child physical abuse or child abuse with mental injury; or

(2) A parent, caregiver, household or family member of the alleged victim, or sex trafficker responsible for child sexual abuse;

(3) A parent or caregiver of the alleged victim responsible for child neglect.

D. If a child, other than the parent of a victim, is the alleged maltreator, the local department may consider the following factors in determining whether to identify the child as responsible for indicated or unsubstantiated child abuse or neglect:

(1) The age and developmental level of the alleged victim;

(2) The age and developmental level of the alleged maltreator;

(3) The appropriateness of the alleged act of abuse or neglect for the age and developmental level of each child;

(4) The psychological condition of each child;

(5) The alleged maltreator’s use of coercion, cruelty, violence, or lack of regard for the safety or welfare of the alleged victim;

(6) The likelihood of the alleged maltreator committing further child abuse or neglect; and

(7) The availability and likely success of services to minimize the risk of future maltreatment.

E. More than one individual may be identified as responsible for child abuse or neglect if more than one:

(1) Parent, caregiver, household or family member of the alleged victim, or sex trafficker was more likely than not responsible for the abuse of a child; or

(2) Parent or caregiver of the alleged victim was more likely than not responsible for the neglect of a child.

F. The standard of proof required for a determination that an individual is responsible for child abuse or neglect is a preponderance of the evidence and not beyond a reasonable doubt as required for a criminal conviction.

.11 Child Abuse Disposition.

A. Indicated Child Abuse.

(1) Physical Abuse with No Mental Injury. Except as provided in §A(3) of this regulation, a local department may make a finding of indicated child physical abuse if there is credible evidence, which has not been satisfactorily refuted, that the following four elements were present during the alleged child abuse:

(a) A physical injury;

(b) A child victim;

(c) A parent, caregiver, or household or family member of the alleged victim responsible for the alleged abuse; and

(d) Circumstances including the nature, extent, and location of the injury indicating that the alleged victim’s health or welfare was harmed or was at substantial risk of harm.

(2) Sexual Abuse:

(a) A local department may make a finding of indicated child sexual abuse if there is credible evidence, which has not been satisfactorily refuted, that the following three elements were present during the alleged child sexual abuse:

(i) An act that involves sexual molestation, sexual exploitation, or sex trafficking;

(ii) A child victim; and

(iii) A sex trafficker or parent, caregiver, or household or family member of the alleged victim responsible for the alleged child sexual abuse.

(b) Physical injury is not required for a finding of indicated sexual abuse.

(3) Abuse—Mental Injury. A local department may make a finding of indicated child abuse with mental injury if there is credible evidence not satisfactorily refuted that the following five elements were present during the alleged child abuse with mental injury:

(a) A mental injury characterized by an observable, identifiable, substantial impairment to the child's mental or psychological ability to function, which may be shown by the need for specific psychiatric, psychological, or social work intervention;

(b) A child victim;

(c) A parent, caregiver, or household or family member of the alleged victim responsible for the alleged child abuse with mental injury;

(d) Circumstances including the nature and extent of the mental injury indicating that the alleged victim’s health or welfare was harmed or was at substantial risk of harm; and

(e) An intentional or reckless disregard for the alleged victim’s health or welfare.

B. Unsubstantiated Child Abuse.

(1) A local department may make a finding of unsubstantiated child abuse if there is insufficient evidence to support a finding of indicated or ruled out.

(2) A local department may base its finding of unsubstantiated child abuse on insufficient evidence:

(a) Supporting one or more elements of indicated child abuse; or

(b) Refuting one or more elements of indicated child abuse.

(3) A local department may find insufficient evidence supporting a finding of indicated child abuse for reasons including but not limited to:

(a) The lack of a credible account by the alleged victim or witness;

(b) The failure of the alleged maltreator to completely and credibly refute the allegations;

(c) A lack of access to the alleged victim or alleged maltreator despite reasonable efforts to obtain access; or

(d) An inability to obtain relevant facts regarding the alleged child neglect despite reasonable efforts.

C. Ruled Out Child Abuse.

(1) A local department shall make a finding that child abuse is ruled out if the local department finds that child abuse did not occur.

(2) The local department may base a finding of ruled out on:

(a) A lack of credible evidence supporting one or more elements of indicated child abuse; or

(b) A credible refutation of one or more of the elements of indicated child abuse; or

(c) A finding that the alleged maltreator was not responsible for the injury for reasons including but not limited to:

(i) The injury resulted from accidental and unintended contact with the child and was not caused by a reckless disregard for the child’s health or welfare; or

(ii) The injury was a result of the child's medical condition.

D. If the alleged maltreator was a child and not the parent of the alleged victim, , the local department may consider the factors in §.10D of this chapter to determine the appropriate finding.

.12 Child Neglect Disposition.

A. Indicated Child Neglect.

(1) Neglect with No Mental Injury. Except as provided in §A(2) of this regulation, the local department may make a finding of indicated child neglect when there is credible evidence, which has not been satisfactorily refuted, that the following four elements were present during the alleged neglect:

(a) A failure to provide proper care and attention;

(b) A child victim;

(c) A parent or caregiver of the alleged victim responsible for the alleged neglect; and

(d) Circumstances including the nature, extent, or cause of the alleged neglect indicating that the alleged victim’s health or welfare was harmed or was at substantial risk of harm.

(2) Neglect—Mental Injury. The local department may make a finding of indicated child neglect with mental injury if there is credible evidence, which has not been satisfactorily refuted, that the following four elements were present during the alleged neglect with mental injury:

(a) A mental injury caused by a failure to provide proper care and attention and characterized by an observable, identifiable, substantial impairment to the child's mental or psychological ability to function, which may be shown by the need for specific psychiatric, psychological, or social work intervention;

(b) A victim who was a child;

(c) A parent or caregiver of the alleged victim responsible for the alleged child neglect with mental injury; and

(d) Circumstances including the nature and extent of the failure to provide proper care and attention indicating that the child's health or welfare was harmed or was at substantial risk of harm.

B. Unsubstantiated Child Neglect.

(1) A local department may make a finding of unsubstantiated child neglect if there is insufficient evidence to support a finding of indicated or ruled out.

(2) A local department may base its finding of unsubstantiated child neglect on insufficient evidence:

(a) Supporting one or more elements of indicated child neglect; or

(b) Refuting one or more elements of indicated child neglect.

(3) A local department may find insufficient evidence supporting a finding of indicated child neglect for reasons including but not limited to:

(a) The lack of a credible account by the alleged victim or witness;

(b) The failure of the alleged maltreator to completely and credibly refute the allegations;

(c) A lack of access to the alleged victim or alleged maltreator despite reasonable efforts to obtain access; or

(d) An inability to obtain relevant facts regarding the alleged child neglect despite reasonable efforts.

C. Ruled Out Child Neglect.

(1) A local department shall make a finding that child neglect is ruled out if the local department finds that child neglect did not occur.

(2) The local department may base a finding of ruled out on:

(a) A lack of credible evidence supporting one or more elements of indicated child neglect; or

(b) The credible refutation of one or more of the elements of indicated child neglect.

D. If the alleged maltreator was a child and not the parent of the alleged victim, the local department may consider the factors in Regulation .10D of this chapter to determine the appropriate finding.

.13 Closure of Investigation.

Before a local department closes its record of investigation, the local department shall:

(1) Ensure that the record is complete;

(2) No later than 30 days after completing the investigation:

(a) In a case of ruled out child abuse, notify the alleged maltreator of the finding;

(b) In a case of indicated or unsubstantiated child abuse or neglect in which a maltreator has been identified, send notice of the finding and of the right to appeal under COMAR 07.02.26 to the maltreator; and

(c) In a case of indicated or unsubstantiated child abuse or neglect in which no individual has been identified as a maltreator, send notice of the finding and of the right to appeal under COMAR 07.02.26 to the alleged maltreator; and

(3) Within 5 business days of completing an investigation:

(a) Complete a written report of its disposition and any necessary services; and

(b) Provide a final report to the State’s Attorney’s Office by any agreed means, including a report of a physical examination or treatment, if performed, of the alleged victim.

.14 Alternative Response Assessment of Child Abuse or Neglect.

A. During the alternative response assessment, the local department shall gather appropriate information to:

(1) Evaluate the alleged victim’s home environment;

(2) Decide on the safety of the alleged victim and of other children in the household or in the care or custody of the alleged maltreator; and

(3) Determine what services, including a voluntary placement, are appropriate.

B. Initial Interviews—Alternative Response.

(1) Before an initial interview with an adult, the local department representative shall present identification.

(2) Before an initial interview with a child, the local department representative shall provide identification in a manner appropriate to the child’s developmental level.

(3) During an initial interview with the alleged maltreator, the local department representative shall provide information concerning:

(a) The nature of the alleged child abuse or neglect; and

(b) The local department’s alternative response process.

C. If while conducting an alternative response any situation exists as outlined in Regulation .07(1)—(3) of this chapter, the department shall change the CPS response to an investigative response, and make a finding.

D. If during the course of an alternative response assessment the department takes a child into custody without parental consent or before court approval, the local department shall have the child examined as outlined in Regulation .07E of this chapter.

E. If a law enforcement agency made the report of child abuse or neglect, the local department shall advise the appropriate law enforcement agency that the report has been assigned for an alternative response.

.15 On-Site Alternative Response Assessment.

A. Within 24 hours of receiving a report of suspected child abuse assigned for an alternative response, the local department shall:

(1) Initiate an on-site assessment with the alleged victim’s parent or primary caregiver;

(2) Initiate an on-site assessment with the alleged victim and attempt to see the other children in the care or custody of the alleged maltreator;

(3) Determine if the health, safety, or well-being of any children are at risk;

(4) Document all visits or attempted visits; and

(5) Obtain information relating to possible appropriate resources for the family.

B. Within 5 days of receiving a report of suspected child neglect assigned for an alternative response, the local department shall follow the procedures under §A of this regulation.

.16 Closure of Alternative Response Assessment.

A. The local department shall complete its alternative response assessment using assessment tools and forms required by the Administration.

B. An assessment is complete when the local department:

(1) Determines the names, ages, and condition of the children in the household or in the care or custody of the alleged maltreator;

(2) Assesses the safety of the children in the household or in the care or custody of the alleged maltreator;

(3) Evaluates the risk of future child abuse or neglect; and

(4) Determines necessary services.

C. The local department shall:

(1) Complete an alternative response assessment within 60 days after receipt of the report; and

(2) Within 10 days of completing the alternative response assessment, provide a written report to the adult family members who participated in the alternative response identifying accomplishments achieved and services necessary to address:

(a) The safety of the alleged victim or other children in the household; and

(b) The risk of subsequent child abuse or neglect; and

(3) Consistent with the assessment and safety or service plans:

(a) Provide appropriate services in the best interests of the children;

(b) Link the family or alleged victim for additional services; and

(c) As necessary for the safety of the alleged victim or other children in the household, establish a plan to monitor adherence to a safety plan and the delivery and completion of appropriate services.

.17 Provision of Services.

A. If a local department determines that, as a result of its CPS response, ongoing services are appropriate, it shall immediately refer the case to local department staff providing those services or to service providers outside of the local department.

B. If the local department provides continuing child welfare services through purchase or referral, the local department shall share information regarding the CPS response with the provider as appropriate to the case and in accordance with confidentiality provisions of Regulation .22 of this chapter.

C. If the local department determines that a child is a CINA or would benefit from a voluntary placement, the local department shall file a petition with the court in accordance with Courts and Judicial Proceedings Article, §§3-809 and 3-811, Annotated Code of Maryland.

D. Regardless of whether the local department initiates a CINA proceeding, the local department shall continue, as appropriate, to assess the child's safety and provide services.

E. If an investigation results in a finding of indicated and a child under the age of three is a member of the maltreator’s or victim’s household or is in the care or custody of the maltreator, the department shall make a referral to the lead public agency responsible for providing early intervention services to infants and toddlers with disabilities in the State.

.18 The Record.

A. Until expunged in accordance with Regulation .19 of this chapter, the local department shall maintain:

(1) Every report of suspected child abuse or neglect; and

(2) A case record of a CPS Response.

B. The case record shall include:

(1) Materials obtained in the CPS response, including but not limited to:

(a) The written report of suspected child abuse or neglect;

(b) Recordings of interviews conducted by the local department, child advocacy center or, in a joint investigation, by law enforcement during the CPS response; and

(c) Medical records, law enforcement reports and photographs, correspondence, consents, court orders, court reports, and all other documents obtained during the CPS response;

(2) Documentation of the local department's CPS response including:

(a) Notes of contacts and interviews, including handwritten notes;

(b) The names, addresses, and telephone numbers if available, of the parents, guardians, identified relatives, and other significant individuals related to the CPS response;

(c) A written narrative of the CPS response;

(d) Safety and risk assessments and other documentation of the safety of the alleged victim and of the other children in the household and the risk of future maltreatment;

(e) The need for ongoing services and linkage to services; and

(f) In an investigation:

 (i) A closing letter to the victim’s parents or guardians documenting the reason for and the outcome of the investigation; and

(ii) A notice of a finding and the right to appeal to the alleged maltreator; and

(g) In an alternative response, a written report provided to the family members;

C. If a local department provides child welfare services other than child protective services after completion of a CPS response, the local department's files related to the child welfare services shall be kept with but not as a part of the CPS response record.

.19 Expungement of Child Abuse and Neglect Records.

A. General Rules for Expungement.

(1) Investigations.

(a) A local department shall not expunge records related to an investigation resulting in an indicated finding.

(b) A local department shall expunge records related to an investigation resulting in an unsubstantiated finding within 5 years of receiving the report.

(c) A local department shall expunge records related to an investigation resulting in a ruled out finding within 2 years of receiving the report.

(d) A local department shall expunge records related to a screened out report of child abuse or neglect within 2 years of receiving the report.

(2) Alternative Response. The local department shall expunge all records related to an alternative response within 3 years of receiving the report.

B. Exceptions to the General Rules for Expungement.

(1) Prior Reports—Extended Expungement Dates.

(a) If the local department accepts for a CPS response a report concerning an individual who was the alleged maltreator in a previous investigation or a participant in a previous alternative response, the local department shall not expunge the record related to the previous CPS response before the expungement of the record relating to the subsequent CPS response.

(b) If a record in a previous CPS response has an expungement date later than the expungement date for a subsequent CPS response, the general rules for expungement apply.

(2) Investigation Response Record – Good Cause for Expungement.

(a) Upon written request by an alleged maltreator, the local department shall determine if good cause exists to immediately expunge a record related to an investigation that resulted in a ruled out finding prior to the prescribed expungement date.

(b) The director of the local department will determine whether good cause exists based on an evaluation of whether the investigative record would serve any purpose in a future CPS response.

(c) The local department’s determination as to whether good cause exists is final and not subject to further review.

(3) Upon written request by an alleged maltreator, the local department may retain a record of an investigation past the expungement date.

C. The local department shall not expunge any record related to an investigation until there has been a final determination.

D. Expungement of records in accordance with this regulation will include shredding or deleting all documents including the report of suspected child abuse or neglect and all assessments and investigative findings stored in any manner.

.20 Centralized Confidential Database.

A. Upon accepting a report of suspected child abuse or neglect, the local department shall enter identifying information into a centralized confidential database and, as appropriate, add to or correct information already entered.

B. The local department shall expunge identifying information from the centralized confidential database when it expunges the record related to that report.

C. The local department may only permanently identify an individual as responsible for alleged child abuse or neglect in the centralized confidential database if the individual was found responsible for indicated child abuse or neglect in a final determination.

.21 Confidentiality—CPS Responses to Child Abuse or Neglect.

A. Except as otherwise provided in Family Law Article, Title 5, Subtitle 7, and Human Services Article, §§1-201—1-203, Annotated Code of Maryland, and §§B—D of this regulation:

(1) Records and reports, including the information in the records or reports, concerning child abuse or neglect and the information contained in them are confidential; and

(2) The unauthorized disclosure of records and reports concerning child abuse or neglect and the information contained in them is a criminal offense subject to the penalty set out in Human Services Article, §1-202(e), Annotated Code of Maryland.

B. A local department shall disclose a record or report, or information in a record or report, concerning a CPS response:

(1) To a court:

(a) Ruling on a request for shelter care, foster care, or a protective order;

(b) Ruling in a CINA case or on a petition for guardianship with a right to consent to adoption of the child; or

(c) Ordering disclosure;

(2) Under an order of an administrative law judge if:

(a) A record or report concerns a case pending before the Office of Administrative Hearings; and

(b) Provision is made to comply with other State or federal confidentiality laws;

(3) To the State Council on Child Abuse and Neglect, the State Citizens’ Review Board of Children, or their designees, or a child fatality review team, as necessary to carry out their official functions;

(4) On written request, to the Baltimore City Health Department’s Office of Youth Violence Prevention if the record or report:

(a) Is relevant to the provision of the treatment or care of an alleged victim;

(b) Concerns a child convicted of a crime or adjudicated delinquent for an act that caused a fatality or near fatality; or

(c) Concerns a child victim of a crime of violence, as defined in Criminal Law Article, §14-101, Annotated Code of Maryland, residing in Baltimore City, and is requested for the purpose of developing appropriate programs and policies aimed at reducing violence against children in Baltimore City;

(5) To the Division of Parole and Probation in the Department of Public Safety and Correctional Services if, as a result of a report of suspected child abuse or neglect, the local department has reason to believe that an individual who lives with or is in the regular presence of a child is registered under Criminal Procedure Article, Title 11, Subtitle 7, Annotated Code of Maryland, as a result of committing a sexual crime against a child; and

(6) To a health care practitioner, or agency, institution, or program treating or caring for an alleged victim if the information or record is relevant to the treatment or care limited to the following:

(a) Information regarding the alleged victim’s condition and well-being;

(b) Information regarding the alleged victim’s medical and mental health and developmental needs;

(c) The name of health care practitioners identified in the record who have treated or cared for the alleged victim; and

(d) Other information that the local department determines may be useful including:

(i) The status of immunizations;

(ii) Current medications; or

(iii) The names of any individuals whose legal access to the alleged victim has been restricted.

C. In response to a written request pursuant to Human Services Article, §1-203, Annotated Code of Maryland, concerning an alleged victim who has suffered a fatality or near fatality:

(1) The Secretary of the Department or the director of a local department, or their designees, shall consult with the State’s Attorney in the jurisdiction where the fatality or near fatality occurred to determine whether release of information pursuant to §C(3) of this regulation would jeopardize or prejudice a criminal investigation or prosecution;

(2) If the State’s Attorney concludes that;

(a) Release of information pursuant to §C(3) of this regulation will jeopardize or prejudice a criminal investigation or prosecution, the State’s Attorney shall promptly advise the Department or local department and, within 10 days of the conclusion of the investigation or prosecution, advise the Department or local department that information may be released; or

(b) Release of information pursuant to §C(3) of this regulation will not jeopardize or prejudice a criminal investigation prosecution, the State’s Attorney shall promptly advise the Department or local department;

(3) Within 30 days of receiving notice pursuant to §C(2)(b) of this regulation or being advised that an ongoing investigation or prosecution has concluded, the Secretary of the Department and the director of the local department, or their designees, shall release the following information if it reasonably relates to the actions or omissions of the Department or local department:

(a) The name of a child who suffered a fatality;

(b) The dates of CPS responses involving the alleged victim including the date of the report of the fatality or near fatality;

(c) The final determination in a current or prior investigation involving the alleged victim;

(d) The number and type of services or service referrals provided to the alleged maltreator, the alleged victim, or household or family members of the alleged victim;

(e) CINA adjudications of the alleged victim, the alleged victim’s siblings, children in the alleged victim’s household or family, and children in the care of the alleged maltreator;

(f) The status of any CPS response involving the alleged victim that was open at the time of the fatality or near fatality;

(g) A summary of the facts, including the date of the fatality or near fatality;

(h) The cause of a fatality as reported by the medical examiner; and

(i) Other information concerning the circumstances of the fatality or near fatality as determined by the Secretary of the Department or the director of the local department to be consistent with the public interest, which includes consideration of the welfare of the alleged victim, the alleged victim’s family or household members, and the alleged maltreator; and

(4) The following information may not be disclosed:

(a) The name of an alleged victim who sustained a near fatality;

(b) The names of an alleged victim’s sibling, parent, household or family member, an individual legally responsible for the alleged victim, and the alleged maltreator;

(c) A medical report other than a medical examiner’s report regarding the cause of a fatality; and

(d) A file related to the alleged victim.

D. If it furthers a purpose of the specific exception to confidentiality, a local department may disclose, at its discretion, a record or report, or information in a record or report, concerning a CPS response to:

(1) Local or state departments of social services, law enforcement, and members of multidisciplinary case consultation teams, investigating a report of suspected child abuse or neglect or providing services to an alleged victim or an alleged victim’s family;

(2) Local or state officials administering child protective services, child care, foster care, or adoption, including related licensing, approval, and compliance with regulations, as necessary to carry out their official functions;

(3) A licensed practitioner, agency, institution, or program providing treatment or care to an alleged victim;

(4) An individual identified as responsible for alleged child abuse or neglect if the individual is responsible for the alleged victim’s welfare;

(5) An alleged victim’s parent or caregiver;

(6) The appropriate public school superintendent or principal, or equivalent employee of a nonpublic school holding a State certificate of approval or registration with the Maryland State Department of Education, or a nonpublic school under the jurisdiction of the superintendent of schools for the Archdiocese of Baltimore, the Archdiocese of Washington, or the Catholic Diocese of Wilmington, for the purpose of carrying out appropriate personnel or administrative actions following a report of suspected child abuse involving a student committed by:

(a) An employee in that school or school system;

(b) An independent contractor who supervises or works directly with students in that school or school system; or

(c) An employee of an independent contractor, including a bus driver or bus assistant, who supervises or works directly with students in that school or school system;

(7) The president of a Maryland public institution of higher education, as defined in Education Article, Title 10, Subtitle 1, Annotated Code of Maryland, or the Chancellor of the University System of Maryland to carry out appropriate personnel or administrative actions following a report of child abuse committed by:

(a) An employee of the institution who has on-campus contact with children; or

(b) A contractor, employee of a contractor or volunteer who has on-campus contact with children at the institution; and

(8) The Office of Child Care for disclosure to an operator of a child care center that is required to be licensed or to hold a letter of compliance under Family Law Article, Title 5, Subtitle 5, Part VII, Annotated Code of Maryland, or to a family day care provider who is required to be registered under Family Law Article, Title 5, Subtitle 5, Part V, Annotated Code of Maryland, for the purpose of:

(a) Determining the suitability of an individual for employment in a child care center or family day care home; or

(b) Carrying out appropriate personnel actions following a report of suspected child abuse or neglect when the alleged maltreator is an employee of a child care center or family day care home and, the alleged victim was under the care of the child care center or family day care provider at the time of the alleged maltreatment;

(9) A qualified addictions specialist as defined in Family Law Article, Title 5, Subtitle 12, Annotated Code of Maryland;

(10) The Juvenile Justice Monitoring Unit of the Office of the Attorney General; or

(11) A licensed practitioner of a hospital or birthing center for the purpose of making discharge decisions concerning a child when, based on the practitioner's observation or knowledge of the behavior of the child's parents or immediate family members, the practitioner has reason to believe that the child will be in danger after discharge limited to:

 (a) A statement as to whether either parent of the child under the practitioner’s care has been found responsible for indicated child abuse or neglect; and

(b) A statement as to whether either parent of the child under the practitioner’s care has an open CPS response.

E. With any record or report disclosed to a person other than a mandated reporter pursuant to §D of this regulation, the local department shall provide written notice that redisclosure is subject to the requirements and penalties of Human Services Article, §1-202, Annotated Code of Maryland.

F. Disclosure by Consent.

(1) Waiver.

(a) A local department may disclose a record or report, or information in a record or report, concerning a CPS response if all individuals with a privacy interest in the records or information have waived their confidentiality interest in accordance with COMAR 07.01.07.05.

(b) A parent, guardian, or custodian may waive a child's right to confidentiality for purposes of §F(1)(a) of this regulation only if the parent, guardian or custodian is not alleged to have abused or neglected the child.

(2) Employment Background Checks—Indicated Finding.

(a) If an individual submits a notarized request on a form developed by the Administration stating that the individual requires a background check for the purposes of working or volunteering with children, a local department may notify a designated person of whether the individual has been identified in a final determination as responsible for indicated child abuse or neglect.

(b) With the notarized request under §F(2)(a) of this regulation or by notarized request after a local department has notified a designated party that an individual has been found responsible for indicated child abuse or neglect, the individual may authorize the local department to release to the designated person a brief written summary of the facts resulting in the indicated.

(c) In responding to a request pursuant to §F(2)(a) and (b) of this regulation, the local department may not:

(i) Identify an individual other than the requestor who was involved in the indicated maltreatment;

(ii) Disclose information about an individual who has not been identified as responsible for indicated child abuse or neglect in a centralized confidential database;

(iii) Disclose information about a finding that is not the subject of a final determination.

(d) When a local department receives a request pursuant to §F(2)(a) concerning an individual with a finding of indicated child abuse or neglect who has not been offered an opportunity to request a contested case hearing, the local department shall:

(i) Provide the individual with appeal rights pursuant to Family Law Article, §5-706.1, Annotated Code of Maryland; and

(ii) Wait for a final determination before responding to the request for information.

(3) Alternative Response Records. The local department may not use or disclose records and reports, including information in those records and reports, related to an alternative response to respond to a request made pursuant to §F(2)(a) and (b)of this regulation.

G. Disclosures in a Child’s Best Interest. Except as provided in §B of this regulation, when making the decision to disclose records or reports, or information in those records and reports in accordance with this regulation, the local department:

(1) Shall consider whether disclosure is in the best interests of children identified in the record; and

(2) May withhold information if disclosure is contrary to a child's best interest.

H. Identification of Reporting Source.

(1) In making a disclosure under this regulation, a local department shall protect the identity of the reporter and of an individual whose life or safety is likely to be endangered by disclosure.

(2) The local department shall not disclose the identity of the individual who reported suspected child abuse or neglect unless:

(a) The reporter is a mandated reporter who has given written permission to the local department to make the disclosure; or

(b) In a court proceeding:

(i) The court has unequivocally ordered the local department to disclose the identity of the reporter;

(ii) The local department has advised the court if it believes that the disclosure of the identity of the reporter is not necessary for a determination of an issue before the court; and

(iii) The local department has requested that disclosure of the identification of the reporter be confined to the parties and not further disclosed.

I. The Department may publicize or distribute demographic and statistical data for research purposes if the data does not identify particular individuals or cases.

.22 Multidisciplinary Case Consultation Teams.

A. Purpose and Composition of Standing Multidisciplinary Case Consultation Teams.

(1) A local department shall have at least one standing multidisciplinary case consultation team that meets on a regular basis to make policy recommendations and provide case direction and services for cases including by not limited to:

(a) Complex cases;

(b) Cases with multiple referrals from mandated reporters;

(c) Cases that are likely to result in multiple indicated findings;

(d) Open cases in which there has been a fatality or near fatality; and

(e) Other cases brought to the team by team members.

(2) A local department shall solicit representatives of the following to serve on a standing multidisciplinary case consultation team:

(a) The State's Attorney's office;

(b) Law enforcement;

(c) Medical, including mental health, professions;

(d) Education;

(e) Private social services;

(f) Domestic violence or sexual assault services;

(g) Licensing staff of appropriate agencies;

(h) Parole and probation;

(i) The Department of Juvenile Services;

(j) Substance abuse treatment providers; and

(k) Other agencies deemed appropriate by team members.

B. Purpose and Composition of Other Multidisciplinary Case Consultation Teams.

(1) The local department may convene a multidisciplinary case consultation team on an ad hoc basis to assist in a CPS response or provision of services in a particular case with representatives from the appropriate entities specified in §A(2) of this regulation.

(2) Reports Concerning Child Care Centers or Family Day Care Homes.

(a) If a report concerns alleged child abuse or neglect in a child care center or family day care home, the local department shall assist the Office of Child Care's regional manager in convening a multidisciplinary case consultation team to assist the agencies in fulfilling their responsibilities under the written agreement developed pursuant to Regulation .23A of this chapter and Family Law Article, §5-706(f), Annotated Code of Maryland.

(b) The multidisciplinary case consultation team shall be chaired by the Office of Child Care’s regional manager and include representatives from the:

(i) Local department and law enforcement agency investigating the report;

(ii) State's Attorney's office; and

(iii) Appropriate medical, including mental health, professions.

(3) In cases other than those specified in §B(2) of this regulation, involving reports of child abuse and neglect in out-of-home care, the local department shall consider whether to convene a multidisciplinary case consultation team soliciting participation from:

(a) The State's Attorney's office;

(b) The appropriate law enforcement agency; and

(c) The licensing, approving, or administering agency.

.23 Development of Procedures for Joint Investigations.

A. To facilitate the investigation and prosecution of cases of alleged child abuse or neglect, the local department shall enter into a collaborative written agreement pursuant to Family Law Article, §5-706(f), Annotated Code of Maryland, with:

(1) Appropriate law enforcement agencies;

(2) The State's Attorney's office;

(3) The Office of Child Care’s regional manager; and

(4) The local health officer.

B. Joint Investigation of Child Sexual Abuse Allegations.

(1) To facilitate the investigation of alleged child sexual abuse, the local department shall enter into a collaborative written agreement pursuant to Family Law Article, § 5-706(g), Annotated Code of Maryland, with the appropriate law enforcement agencies and the State's Attorney's office to establish joint investigation procedures.

(2) Joint investigation procedures shall include:

(a) Using appropriate techniques for expediting investigation of sexual abuse complaints;

(b) Establishing an ongoing training program for personnel involved in the investigation or prosecution of sexual abuse cases; and

(c) Developing and using investigative techniques designed to minimize:

(i) The potential for physical harm to the child;

(ii) Trauma to the child during the investigation and prosecution of the case; and

(iii) The potential for influencing the child's statement.

C. An agreement signed pursuant to this regulation must include a provision requiring law enforcement agencies to make available to the local department any and all recordings of interviews with a victim, witness, or alleged maltreator conducted in the course of a joint investigation.

.24 Hearings.

When a local department makes a finding of indicated or unsubstantiated child abuse or neglect, the local department shall offer a right to a hearing under Family Law Article, §5-706.1, Annotated Code of Maryland, and COMAR 07.02.26 to an individual whom a local department has found responsible for the child abuse or neglect or, if no maltreator has been identified, to the alleged maltreator.

 

LOURDES PADILLA
Secretary of Human Resources

 

Subtitle 02 SOCIAL SERVICES ADMINISTRATION

07.02.26 Child Abuse and Neglect Hearings

Authority: Authority: Family Law Article, §§5-701, 5-706, 5-706.1, 5-707, and 5-714; Human Services Article, Title 1; Annotated Code of Maryland

Notice of Proposed Action

[17-108-P]

The Acting Secretary of Human Resources proposes to repeal existing Regulations .01—.15 and adopt new Regulations .01.15 under COMAR 07.02.26 Child Abuse and Neglect Hearings.

Statement of Purpose

The purpose of this action is to amend current regulations in accordance with a Court of Appeals decision to afford appeal rights to individuals involved in cases in which the local department of social services finds that child abuse or neglect occurred but is unable to determine the responsible party. This proposed regulation also clarifies appeals timeframes.

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 Stephanie Cooke, In Home Services Analyst, Social Services Administration, 311 W. Saratoga Street, or call 410-767-7778, or email to stephanie.cooke@maryland.gov, or fax to 410-333-0637. Comments will be accepted through May 1, 2017. A public hearing has not been scheduled.

.01 Scope.

A. Except as set forth in §B of this regulation, an individual found responsible by a local department for indicated or unsubstantiated child abuse or neglect or who was alleged to have abused or neglected a child in a case that resulted in a finding of indicated or unsubstantiated child abuse or neglect with no maltreator identified is entitled to an opportunity to appeal in accordance with this chapter.

B. In those cases in which, before June 1, 1999, a local department made a finding of indicated or unsubstantiated child abuse or neglect and an individual has not been offered an opportunity for a contested case hearing, and the individual has now requested a hearing, that appeal will be conducted in accordance with the procedures in these regulations under the substantive law applicable at the time of the local department’s finding.

.02 Definitions.

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

B. Terms Defined.

(1) “Administrative law judge (ALJ)” means an administrative law judge of the Office of Administrative Hearings.

(2) “Alleged maltreatment” means child abuse or neglect reported to a local department.  

(3) “Alleged maltreator” means an individual reported to a local department as responsible for child abuse or neglect.

(4) “Alleged victim” means a child named in a report as having been abused or neglected.

(5) “Appellant” means an individual who has requested an appeal under this chapter.

(6) “Centralized confidential database” means the Department’s confidential computerized data system that contains information regarding child abuse and neglect investigations and assessments.

(7) “Child abuse” has the meaning stated in COMAR 07.02.07.02B.

(8) “Child in need of assistance (CINA)” has the meaning stated in Court and Judicial Proceedings Article, §3-801(f), Annotated Code of Maryland.

(9) “Child neglect” has the meaning stated in COMAR 07.02.07.02B.

(10) “Conference” means a meeting requested by an appellant to discuss a finding of unsubstantiated child abuse or neglect with a local department supervisor.

(11) “Centralized confidential database” means the Department’s internal computerized data system that contains information regarding child abuse and neglect investigations and assessments and protects that information from disclosure.

(12) “Contested case hearing” has the meaning stated in State Government Article, §10-202(d), Annotated Code of Maryland.

(13) “Department” means the Department of Human Resources.

(14) “Final determination” means a finding of the local department after all timely appeals have been taken.

(15) Hearing.

(a) “Hearing” means a contested case hearing pursuant to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(b) “Hearing” does not include a record review hearing under appeal procedures in place between 1993 and 1999.

(16) “Identify an individual as responsible for child abuse or neglect in a centralized confidential database” means entering a notation that a local department has determined that the individual is responsible for indicated child abuse or neglect under circumstances specified in Family Law Article, §5-714, Annotated Code of Maryland.

(17) “Identifying information” means the name of:

(a) The alleged victim;

(b) A household or family member of the alleged victim;

(c) A parent or legal guardian of the alleged victim; and

(d) The alleged maltreator.

(18) “Indicated” means a finding that there is credible evidence, which has not been satisfactorily refuted, that child abuse or neglect occurred.

(19) “Local department” means the department of social services, or the Montgomery County Department of Health and Human Services, that made the finding being appealed in accordance with this chapter.

(20) “Maltreator” means an individual whom a local department has found responsible for indicated or unsubstantiated child abuse or neglect.

(21) “Office of Administrative Hearings (OAH)” means the unit within the Executive Branch established by State Government Article, §9-1602, Annotated Code of Maryland.

(22) “Party” means the appellant or the local department.

(23) “Record” means the original or a copy of any documentary material, in any form, concerning a Child Protective Services response to an allegation of child abuse or neglect.  

(24) “Redacted record” means a copy of the record from which the local department has removed certain information in compliance with State and federal laws governing confidentiality, including but not limited to:

(a) Annotated Code of Maryland:

(i) Health-General Article, Title 4, Subtitle 3;

(ii) General Provisions Article, Title 4, Subtitle 3;

(iii) Human Services Article, §§1-201 – 1-203; and

(iv) Courts and Judicial Proceedings Article, §§3-827, 9-108, and 9-121;

(b) Code of Maryland Regulations (COMAR):

(i) 07.01.07; and

(ii) 07.02.07;and

(c) Code of Federal Regulations (CFR):

(i) 34 CFR 99;

(ii) 42 CFR §2.1 et seq.; and

(iii) 45 CFR 1340.20.

(25) “Report” means an allegation of child abuse or neglect made or received by any state, county, or municipal corporation, with sufficient information to screen the report for an appropriate CPS or other response.

(26) “Responsible for child abuse or neglect” means having an unexpunged finding of unsubstantiated or indicated child abuse or neglect.

(27) “Ruled out” means a finding that child abuse or neglect did not occur.

(28) “Unsubstantiated” means a finding that there is insufficient evidence to support a finding of indicated or ruled out.

.03 Procedures.

A. An appeal of a finding of indicated child abuse or neglect under this chapter shall consist of a hearing.

B. An appeal of a finding of unsubstantiated child abuse or neglect under this chapter shall consist of:

(1) A conference with a supervisor at the local department; and

(2) A hearing, if requested.

C. This chapter and COMAR 07.01.04 govern the procedures and practice in all hearings conducted under this chapter.

D. In the event of a conflict between this chapter and COMAR 07.01.04, this chapter applies.

E. The time limits set forth in this chapter may be waived for good cause.

F. A local department's finding is affirmed if:

(1) An individual does not request, when offered, a conference or a hearing; or

(2) An individual fails to attend, when scheduled, a conference or a hearing.

.04 Notice of Opportunity for a Hearing.

A. Within 30 days after a local department has completed an investigation of child abuse or neglect, the local department shall send a notice of action to:

(1) An individual whom a local department has found responsible for indicated or unsubstantiated child abuse or neglect; and

(2) An individual alleged to have abused or neglected a child in a case that resulted in a finding of indicated or unsubstantiated child abuse or neglect with no maltreator identified.

B. The notice shall include:

(1) The finding;

(2) An explanation of how to appeal to OAH in accordance with this chapter, including the obligation to pay a filing fee or request a waiver of the fee;

(3) A statement that the local department may identify an individual as responsible for child abuse or neglect in a centralized confidential database if the individual:

(a) Is found guilty of any criminal charge arising out of the alleged child abuse or neglect;

(b) Is found responsible for indicated child abuse or neglect in a final determination; or

(c) Has failed to successfully appeal a finding of indicated child abuse or neglect in accordance with this chapter.

(4) A statement of the circumstances under which the finding may be disclosed;

(5) Notice of an appellant’s obligation to notify OAH of any criminal or CINA proceedings arising out of the alleged child abuse or neglect; and

(6) Notice of an appellant’s obligation to immediately advise the local department and OAH of a change of address.

C. A local department may send a single notice if an individual is found responsible for:

(1) Abuse or neglect of more than one child; or

(2) More than one incident of abuse or neglect of one child.

D. The local department shall send the notice to the individual at the address noted in the record.

E. Minors. If the individual to whom the local department would send notice under §A of this regulation is younger than 18 years old and not legally emancipated, the local department shall send notice to the individual's:

(1) Parent or legal guardian; and

(2) If the individual is a foster child:

(a) To the attorney, if the child is represented; and

(b) To the local department worker assigned to the child’s foster care case.

.05 Request for Appeal.

A. Indicated Child Abuse or Neglect. An individual found responsible for indicated child abuse or neglect or any individual who was alleged to have abused or neglected a child in a case that resulted in a finding of indicated child abuse or neglect with no maltreator identified may appeal the finding by, not later than 60 days after receipt of the local department's notice of action, filing with OAH:

(1) The required filing fee or appropriately documented request for a fee waiver; and

(2) The contested case hearing request form.

B. Unsubstantiated Child Abuse or Neglect. An individual found responsible in a case of unsubstantiated child abuse or neglect or any individual who was alleged to have abused or neglected a child in a case that resulted in a finding of unsubstantiated child abuse or neglect with no maltreator identified may appeal the finding by forwarding to the local department, not later than 60 days after receipt of the local department's notice of action, a written request for a conference.

C. Failure of an appellant to comply with the requirements in this regulation shall result in dismissal of the appeal.

D. OAH shall notify the local department of a request for a hearing not later than 15 days after receipt.

E. If a local department receives a request for a hearing with a proper fee enclosed or an appropriately documented request for a fee waiver, it shall forward the request to OAH not later than ten days after receipt.

F. If a local department receives a request for a hearing without the proper fee or appropriately documented request for a fee waiver, it shall return the request to the appellant as soon as possible but not later than ten days after receipt.

G. If OAH receives a request for a conference, it shall forward the request to the local department not later than ten days after receipt.

H. An individual is presumed to have received the notice of action three business days after the date on the top of the form.

I. OAH will schedule the hearing in the jurisdiction where the appellant resides unless all of the parties consent to another venue.

.06 Stay Pending Disposition of Criminal Charges.

A. An appellant shall notify OAH of:

(1) A pending criminal proceeding arising out of the alleged child abuse or neglect; and

(2) The final resolution of a criminal proceeding arising out of the alleged child abuse or neglect.

B. If a criminal proceeding is pending on charges arising out of the alleged child abuse or neglect, OAH shall stay the hearing until final disposition of the criminal proceeding.

C. If, after final disposition of the criminal proceeding, the appellant is:

(1) Found guilty of any criminal charges arising out of the alleged child abuse or neglect, including being found guilty and receiving probation before judgment or taking an Alford plea, OAH shall dismiss the appeal; or

(2) Found not guilty of any criminal charges arising out of the alleged child abuse or neglect or if the charges were  dismissed or put on the stet docket, OAH shall vacate the stay and schedule further proceedings in accordance with this chapter.

.07 Stay Pending Disposition of CINA Proceeding.

A. An appellant and the local department shall notify OAH of any CINA proceeding of which they are aware concerning a child:

(1) Who has been allegedly abused or neglected by the appellant; or

(2) Who is in the care, custody, or household of the appellant.

B. If a CINA proceeding is pending, OAH shall stay the hearing until the child is found by a court to be a CINA or the CINA proceeding is otherwise concluded.

C. After a CINA proceeding has concluded, OAH shall vacate the stay and schedule further proceedings in accordance with this chapter.

.08 Unsubstantiated Child Abuse or Neglect—Conference.

A. Within 10 days of receiving a request for a conference, the local department shall:

(1) Schedule a conference to occur at the local department within 30 days of the local department receiving the conference request; and

(2) Send notice to the appellant that includes the:

(a) Date and time of the conference; and

(b) Procedures for the conference.

B. The conference shall be attended by:

(1) The appellant;

(2) A local department supervisor; and

(3) Other local department staff as designated by the local department.

C. Redacted Record. At the conference, the local department:

(1) Shall permit the appellant to review the redacted record in the presence of a local department supervisor; and

(2) May give the appellant a copy of the redacted record.

D. The supervisor attending the conference shall explain to the appellant:

(1) The local department's finding;

(2) The basis for the finding;

(3) The purpose of the conference, including allowing the appellant to have an opportunity to request:

(a) That the record, including the finding, be modified; and

(b) That the record be supplemented by information the appellant provides.

(4) The appellant's right to appeal the outcome of the conference in accordance with Regulation .09B and C of this chapter; and

(5) The possible modification of the finding to indicated or ruled out child abuse or neglect as a result of a requested hearing.

E. Summary. Within 10 days of the conference, the local department shall send to the appellant a written summary of the conference including:

(1) Any modifications the local department will make to the record or finding;

(2) A description of any information the local department will add to the record; and

(3) If the finding has not been changed, a contested case hearing request form and procedures for appealing the finding of the unsubstantiated child abuse or neglect conference in accordance with this chapter.

F. If an appellant fails to appear for a scheduled conference and within 5 business days does not show good cause for failing to appear, the local department shall advise the appellant in writing that:

(1) The appeal is terminated; and

(2) The appellant may not request a hearing to appeal the local department's finding of unsubstantiated child abuse or neglect but may request a hearing to appeal the local department's decision that the appellant did not show good cause for failing to appear at the scheduled conference.

.09 Appeal of Outcome of Conference.

A. If as a result of the conference the local department does not agree to modify its unsubstantiated finding, the appellant may appeal the finding of unsubstantiated child abuse or neglect in a hearing in accordance with this chapter.

B. An appellant may appeal the finding of unsubstantiated child abuse or neglect by, not later than 60 days after receipt of the local department’s summary of conference, filing with OAH:

(1) The contested case hearing request form;

(2) The summary of the conference; and

(3) The required filing fee or appropriately documented request for a fee waiver.

C. If an appellant does not receive a written summary of the conference within 20 days of the conference, the appellant may appeal the finding by:

(1) Requesting a contested case hearing request form from the local department; and

(2) Sending to OAH not later than 80 days after the date of the conference:

(a) The contested case hearing request form; and

(b) The required filing fee or appropriately documented request for a fee waiver.

D. OAH shall dismiss the appeal of an unsubstantiated finding by any individual who does not submit a summary of the conference unless the individual can establish that:

(1) The individual had a conference but did not receive a conference summary within 20 days of the conference; or

(2) The individual requested a conference in accordance with this chapter, and that:

(a) The local department failed to schedule a conference in accordance with this chapter; or

(b) The individual had good cause for failing to attend a scheduled conference.

.10 Exceptions to Appeal Timeframes.

A. Upon written request, a local department shall offer an individual found responsible for an unexpunged finding of indicated or unsubstantiated child abuse or neglect made before June 1, 1999, an opportunity to appeal in accordance with this chapter, if the individual has not:

(1) Been found guilty of a criminal charge arising out of the alleged child abuse or neglect;

(2) Previously had a hearing at OAH to appeal the finding; or

(3) Previously been given notice of the opportunity to request a hearing.

B. Upon written request, a local department may offer an individual found responsible for an unexpunged finding of indicated or unsubstantiated child abuse a hearing if the individual provides documentation of a change of address prior to the local department sending notice of the finding and of appeal rights.

C. Any hearing held in accordance with §.10A or B of this regulation will be:

(1) Conducted under current appeal procedures; and

(2) Decided based on the law defining child abuse or neglect at the time the finding was made.

.11 Discovery.

A. The local department shall serve the appellant with the redacted record not later than 14 days before the scheduled hearing.

(1) Service is presumed to occur 3 days after mailing.

(2) If service of the record does not occur in accordance with this regulation, the appellant may request a reasonable postponement to review the record.

B. The local department is not required to provide a summary of the basis for its action.

C. By written request made at least 10 days before the hearing, the parties have the right to receive, not later than 7 days before the hearing, copies of documents and a list of witnesses to be presented by the other party at the hearing.

D. OAH may prohibit the introduction of information requested pursuant to §C of this regulation if the information was not provided 5 or more days before the hearing.

E. OAH's rules of discovery as set forth in COMAR 28.02.01 do not apply in contested cases conducted under this chapter.

.12 Conduct of Hearing.

A. A party may not call a child younger than 14 years old to testify or otherwise participate in a hearing under this chapter unless the party seeking to introduce the child’s testimony or involve the child demonstrates that:

(1) The child's testimony or involvement is essential to a determination of the appeal; and

(2) There is no likelihood that the requested testimony or involvement will emotionally harm the child.

B. The local department bears the burden of proof at the hearing.

C. The local department's record shall be presumed authentic.

D. Representation.

(1) The local department's case may be presented by a local department representative or an attorney representing the local department.

(2)  An appellant’s case may be presented by the appellant or an attorney representing the appellant.

.13 Dismissal or Voluntary Withdrawal.

A. An appellant may withdraw a request for a hearing at any time by notifying OAH in writing of the intent to withdraw.

B. If the appellant withdraws the request, OAH shall dismiss the appeal and notify the local department.

C. If the local department notifies OAH in writing that it has modified the finding to ruled out, OAH shall cancel the hearing and notify the appellant.

D. Dismissal or voluntary withdrawal of an appeal or request for a hearing automatically affirms the local department's finding and, in the case of a finding of indicated child abuse or neglect, the local department's right to identify the appellant as an individual found responsible for child abuse or neglect in a centralized confidential database.

.14 Decision and Order.

A. Not later than 45 days after the hearing, OAH shall issue a decision and order to the:

(1) Appellant or, if represented at the hearing by an attorney, the appellant’s attorney;

(2) The local department’s appeal representative or attorney; and

(3) The Department.

B. The decision and order shall:

(1) Summarize the evidence presented; and

(2) Contain a determination as to whether the local department established by a preponderance of the evidence that its finding was consistent with the law and supported by credible evidence.

C. If the ALJ upholds a local department's finding of the appellant as responsible for indicated child abuse or neglect, the ALJ shall permit the local department to identify the appellant as responsible for child abuse or neglect in a centralized confidential database.

D. If the ALJ determines that the local department's finding or the identification of the appellant as responsible for unsubstantiated or indicated child abuse or neglect was not consistent with the law or not supported by credible evidence, the ALJ shall order the local department to do one or more of the following:

(1) Modify the finding to indicated, unsubstantiated, or ruled out;

(2) Expunge all references to the appellant as responsible for child abuse or neglect; or

(3) Change the type of maltreatment from:

(a) Abuse to neglect; or

(b) Neglect to abuse.

E. After OAH issues the decision and order, OAH shall return the contested case record to the Department.

F. The ALJ's decision is subject to appeal by any party pursuant to State Government Article, §10-222, Annotated Code of Maryland.

G. If the ALJ orders the local department to modify or expunge the finding, or expunge reference to the appellant as an individual responsible for child abuse or neglect and neither party appeals, the local department shall take the action within 30 days.

.15 Recordings—Expungement.

OAH may destroy the recording of a contested case one year after the date of the decision unless either party has specifically requested that the recording not be destroyed.

 

LOURDES PADILLA
Secretary of Human Resources

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.08 Shellfish — General

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

Notice of Proposed Action

[17-102-P]

The Secretary of Natural Resources proposes to amend Regulation .14 under COMAR 08.02.08 Shellfish — General.

Statement of Purpose

The purpose of this action is to establish a minimum girth size for channeled whelk. Channeled whelks (Busycotypus canaliculatus) are harvested along the mid-Atlantic coast mostly for the export market. They are harvested in Maryland primarily by pot and as bycatch in the otter trawl fishery. The minimum legal size for harvesting whelks in Maryland is 6 inches (152.4 mm) shell length.

The Department of Natural Resources periodically receives calls from harvesters complaining that they have to throw back whelks that have had their tips broken off before or during harvesting. Broken anterior canals (tips) are extremely common and can occur by means of the animal’s feeding behavior or by handling on board the fishing vessel. Broken tips often make an otherwise legally harvestable whelk ineligible for harvest. At the Coastal Commercial Fisheries Forum held on October 16, 2015, a commercial constituent indicated that he would like the Department of Natural Resources to consider adding a channeled whelk minimum size girth measurement as an alternative to the existing length requirement. The Department of Natural Resources has been working with stakeholders and researchers to develop the best plan.

In order to harvest a damaged channeled whelk, the recommendation is to set a minimum girth (diameter) equivalent to the minimum shell length of 6 inches. The diameter of the shell at the widest point would have to be at least 3.375 inches for channeled whelks. This was derived from two studies on length/girth ratios with slightly different results. Fisher (2012) calculated that the girth of a 6-inch channeled whelk averages 3.23 inches. However, Doctor (2009) found that the diameter at the widest point averaged 3.5 inches for a 6-inch channeled whelk. As a compromise, commercial whelk fishermen suggested a minimum girth of 3.375 inches, which is equivalent to 3-3/8 inches. In November of 2016, DNR staff sampled whelk aboard a commercial vessel to confirm the appropriate girth for a 6-inch minimum length. Sampling indicated that, on average, a channeled whelk with an undamaged anterior canal and a total length of 6 inches has a girth of 3-3/8 inches. In addition, the sample data indicated that harvesters would be able to keep an additional 15-20% of channeled whelks that would have otherwise been returned to the water with the girth in place. The proposed action establishes a minimum girth of 3-3/8 inches for channeled whelks that are less than 6 inches in length.

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 may have a positive economic impact on harvesters, dealers and processers.

 

 

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:

    (1) Harvesters

(+)

$9,000 — $12,000 per year

    (2) Dealers and Processers

(+)

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(1). Based on the 2014 landings for Maryland, this change would have resulted in approximately $9,000 to $12,000 of additional revenue for the harvesters (Data Source: Atlantic Coastal Cooperative Statistics Program Data Warehouse).

D(2). Based on the positive benefit for the harvesters, the benefit will extend to the dealers and processers; however, the actual amount is indeterminable.

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 has a positive benefit for harvesters, dealers, and processers. Please see the Types of Economic Impact section above for details.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Channeled Whelk Regulations, Regulatory Staff, 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 May 1, 2017. A public hearing has not been scheduled.

.14 Conch.

A. [A] Except as provided in §B of this regulation, a person may not catch, land, or possess a conch measuring less than 6 inches total length from the spiral apex to the outer tip of the opening.

B. Channeled Whelk. A person may catch, land or possess a channeled whelk measuring less than 6 inches total length if the whelk has a girth that is a minimum of 3-3/8 inches in diameter.

MARK J. BELTON
Secretary of Natural Resources

 

Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.23 Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Services

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

Notice of Proposed Action

[17-099-P]

The Secretary of Health and Mental Hygiene proposes to amend Regulation .04 under COMAR 10.09.23 Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Services.

Statement of Purpose

The purpose of this action is to update outdated language related to lead poisoning treatment. This proposal also lowers the threshold for environment lead investigations from a confirmed elevated blood lead level of 10 micrograms or greater per deciliter to 5 micrograms or greater per deciliter.

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 May 1, 2017. A public hearing has not been scheduled.

.04 Covered Services.

A.—C. (text unchanged)

D. Additional Medically Necessary Plan of Treatment Services.

(1) (text unchanged)

(2) EPSDT services covered under §D of this regulation include:

(a)—(f) (text unchanged)

(g) Environmental lead investigations, as specified in COMAR 26.16.02.04 and .05 when there is a confirmed elevated blood lead level of [10] 5 micrograms or greater per deciliter;

(h)—(j) (text unchanged)

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Subtitle 24 MARYLAND HEALTH CARE COMMISSION

10.24.19 State Health Plan for Facilities and Services: Freestanding Medical Facilities

Authority: Health-General Articles, §§19-109(a)(1), 19-114(d)(1)(viii), 19-118 (a)(2)(i), 19-120(j)(2)(iv), and 19-120(o)(1) and (3), Annotated Code of Maryland

Notice of Proposed Action

[16-224-R-I]

The Maryland Health Care Commission proposes to adopt new Regulation .01 under a new chapter, COMAR 10.24.19 State Health Plan for Facilities and Services: Freestanding Medical Facilities. Because substantive changes have been made to the document “State Health Plan for Facilities and Services:  Freestanding Medical Facilities”, which is incorporated by reference in this regulation, the Maryland Health Care Commission has chosen to submit this action as a reproposal. The language added as COMAR 10.24.19.01, originally proposed in 43:18 Md. R. 1027—1028 (September 2, 2016), remains unchanged.

This action was considered by the Commission at an open meeting held on February 16, 2017, notice of which was given through publication in the Maryland Register under General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to establish COMAR 10.24.19, a new chapter in the State Health Plan for Facilities and Services that governs the establishment of freestanding medical facilities. Two recent pieces of legislation directed the Commission to adopt: certificate of need regulations regarding freestanding medical facilities; and regulations governing conversion of an underutilized general hospital to a freestanding medical facility through an exemption from certificate of need. Previously, two freestanding medical facilities were established as pilot projects, and there was not an established regulatory process for considering approval of additional facilities. The freestanding medical facilities chapter contains policies and standards that will guide the certificate of need review process for a general hospital that seeks to establish a satellite freestanding medical facility to address access issues or overcrowding. It also contains policies and standards that will guide the exemption from the certificate of need process for a hospital seeking to convert to a freestanding medical facility.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. This chapter, State Health Plan for Facilities and Services: Freestanding Medical Facilities, is expected to have a minimal economic impact on the issuing agency, the Maryland Health Care Commission (MHCC), as well as a few other State agencies. The affected agencies are the Department of Health and Mental Hygiene (DHMH), specifically the Office of Health Care Quality (OHCQ), the Health Services Cost Review Commission (HSCRC), and the Maryland Institute for Emergency Medical Services Systems (MIEMSS). The affected regulated industries include hospitals, and the impacts on these may vary depending on the circumstances of individual hospitals. There will not be an impact on local government or other industries or trade groups. Overall, the benefit to the public is expected to be positive.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

MHCC

(E+)

Within Budget

B. On other State agencies:

(1) DHMH/OHCQ

(E+)

Minimal

(2) HSCRC

(E+)

Within Budget

(3) MIEMSS

(E+)

Within Budget

C. On local governments:

NONE

No Impact

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) Hospitals

(+)

Moderate

(2) Hospitals

(-)

Moderate

E. On other industries or trade groups:

(1) Urgent care centers

(-)

Minimal

(2) Emergency transport services

(+)

Minimal

(3) Emergency transport services

(-)

Minimal

F. Direct and indirect effects on public:

(+)

Moderate

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

A. Maryland Health Care Commission. Staff will review CON applications and CON exemption requests for a new type of facility. Staff anticipates receiving only a small number of CON applications and requests for an exemption from CON to establish an FMF. Consequently, the review of these applications and requests can be accommodated by current staff within the Commission’s budget.

B(1). The Office of Health Care Quality. OHCQ will issue licenses for new FMFs. Due to the small number of CON applications and requests for an exemption from CON to establish an FMF, Staff anticipates the impact will be minimal for OHCQ.

B(2). Health Services Cost Review Commission. HSCRC will need to perform additional analyses when MHCC receives CON applications for an FMF or CON exemption requests to establish an FMF. However, as noted above, Staff anticipates the number of such requests will be small.

B(3). Maryland Institute for Emergency Medical Services Systems. MIEMSS will be required to participate in the process for reviewing requests for an exemption from CON to establish an FMF. In addition, Staff may potentially request analyses for CON applications for FMFs. Staff anticipates the impact on MIEMSS will be minimal and can be handled within its existing budget, based on the small number of such requests anticipated.

C. Local governments are not involved with the provision of hospital services.

D(1). The proposed regulations are expected to have a positive impact on Maryland hospitals when a Maryland hospital is converting to an FMF due to the reduced costs to the health care system.

D(2). An FMF established to address access issues or crowding at the parent hospital is more likely to have a negative impact on the market share of other hospitals with an overlapping service area. The establishment of an FMF to address access issue or crowding at the parent hospital may result in a loss of revenue for the parent hospital, but some of these costs may be offset through achieving better patient care.

E(1). Urgent care centers, to some extent may be regarded as an alternative source of care for patients who may otherwise seek care at a hospital ED or FMF. Development of an FMF may draw patients away from urgent care centers, with negative financial consequences for some urgent care centers; however, the chapter includes standards that require an applicant to address the strategies that will be used to discourage inappropriate use of the FMF.

E(2). Emergency transport services may increase or decrease with the addition of a new FMF, depending on whether people in the service area of the FMF and parent hospital are more or less likely to use these services.

E(3). Emergency transport services may increase or decrease with the addition of a new FMF, depending on whether people in the service area of the FMF and parent hospital are more or less likely to use these services.

F. Overall, the public should benefit from FMFs by having improved access to unscheduled emergent or urgent care or, in the case of a hospital conversion, more access to such care than would be the case if the hospital merely closed. An applicant seeking to establish an FMF must address how the proposed facility will affect the efficient delivery of health care services. FMFs that are expected to result in less efficient delivery of health care shall not be approved. As noted, by providing an alternative to closing a hospital altogether, i.e., converting to an FMF, there is a greater likelihood that those in the service area of the hospital will continue to obtain appropriate health care services locally through a more efficient health care delivery system.

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 Eileen Fleck, Chief, Acute Care Policy and Planning, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-3287, or email to eileen.fleck@maryland.gov, or fax to 410-358-1311. Comments will be accepted through 4:30 p.m. on May 1, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland Health Care Commission during a public meeting to be held on May 18, 2017, at 1 p.m., at 4160 Patterson Avenue, Room 100, Baltimore, MD 21215.

.01 Incorporation by Reference.

(proposed text unchanged)

CRAIG P. TANIO, M.D.
Chair

 

Subtitle 32 BOARD OF PHYSICIANS

10.32.01 General Licensure Regulations

Authority: Health Occupations Article, §§14-205 and 14-307(j), Annotated Code of Maryland

Notice of Proposed Action

[17-101-P]

The Secretary of Health and Mental Hygiene proposes to adopt new Regulation .17 under COMAR 10.32.01 General Licensure Regulations. This action was considered at a public meeting held on November 30, 2016, notice of which was given by publication on the Board’s website at http://www.mbp.state.md.us/forms/nov16Fullagenda.pdf from November 16, 2016, to November 30, 2016, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to add requirements for obtaining an initial license by reciprocity.

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 May 1, 2017. A public hearing has not been scheduled.

.17 Initial Licensure by Reciprocity.

A. Requirements. An applicant for initial licensure by reciprocity shall:

(1) Have an active, unrestricted license to practice medicine in another jurisdiction that:

(a) At the time the applicant was licensed, had licensure requirements substantially equivalent to the Board’s current licensure requirements as set forth in Regulation .03 of this chapter; and

(b) Offers a similar reciprocal licensure process to physicians licensed by the Board;

(2) Be in good standing under the laws of every jurisdiction where the individual is licensed; and

(3) Submit to a State and national criminal history records check in accordance with Health Occupations Article, §14-308.1, Annotated Code of Maryland.

B. Documentation. An applicant for initial licensure by reciprocity shall submit:

(1) An application for reciprocity on a form provided by the Board;

(2) The application fee as set by the Board;

(3) Evidence of compliance with §A of this regulation; and

(4) Any additional documentation set forth in Regulation .04 of this chapter that is needed for the Board to evaluate an application.

C. On receipt of the documentation required in §B of this regulation, the Board shall process the application for initial license by reciprocity in an expedited manner.

D. The Board may not issue a license if the criminal history records information, pursuant to §A of this regulation, has not been received.

E. After a license is issued, the licensee is subject to the Board’s jurisdiction and shall comply with all laws and regulations governing the practice of medicine in the State.

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Subtitle 34 BOARD OF PHARMACY

10.34.02 Examination for Licensure and Professional Experience Programs

Authority: Health Occupations Article, §§12-205 and 12-302, Annotated Code of Maryland

Notice of Proposed Action

[17-100-P]

The Secretary of Health and Mental Hygiene proposes to amend Regulation .03 under COMAR 10.34.02 Examination for Licensure and Professional Experience Programs. This action was considered by the Board of Pharmacy at a public meeting held November 16, 2016, notice of which was given
by publication on the Board of Pharmacy website, http://dhmh.maryland.gov/pharmacy/SitePages/Home.aspx, from October 19, 2016, to November 16, 2016, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to allow a pharmacy applicant who graduated from an English-speaking school to be deemed proficient in the oral communication of English in accordance with Ch. 475, Acts of 2016 (H.B. 117 State Board of Pharmacy — Licensure Requirements for Pharmacists — Proof of Proficiency in English).

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 May 1, 2017. A public hearing has not been scheduled.

.03 Licensure Examinations.

A.—C. (text unchanged)

D. Passing Grades—Exam II.

(1) Prescreening Test of Oral English Competency.

(a)—(g) (text unchanged)

(h) An applicant who has graduated from a recognized English-speaking professional school accredited by the Accreditation Council for Pharmacy Education is deemed to be proficient in the oral communication of the English language in satisfaction of requirements of the prescreening test.

(2) Test of Oral English Competency.

(a)—(b) (text unchanged)

(c) Waiver. The Board shall waive the requirement as set forth under §D(2)(a) of this regulation if the applicant graduated from a recognized English-speaking professional school accredited by the Accreditation Council for Pharmacy Education.

(3)—(7) (text unchanged)

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 03 GENERAL INSTRUCTIONAL PROGRAMS

13A.03.01 Standards for Kindergarten Programs

Authority: Education Article, §§2-205(h), 4-110, 7-203, 7-204, and 8-403, Annotated Code of Maryland

Notice of Proposed Action

[17-105-P]

The Maryland State Board of Education proposes to amend Regulation .01 under COMAR 13A.03.01 Standards for Kindergarten Programs. This action was considered by the State Board of Education at their meeting held on January 24, 2017.

Statement of Purpose

The purpose of this action is to change the referenced chapter heading of COMAR 13A.04.06 from Program in Reading to Program of Instruction in Personal Financial Literacy.

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 Judith Walker, Early Learning Branch Chief, Division of Early Childhood Development, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, Maryland 21201, or call 410-767-6549 (TTY  410-333-6442), or email to judith.walker@maryland.gov, or fax to 410-333-6226. Comments will be accepted through May 1, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland State Board of Education during a public meeting to be held on May 23, 2017, 9 a.m., at 200 West Baltimore Street, Baltimore, Maryland 21201.

.01 Standards for Kindergarten Programs Operated by Public Institutions of Post-Secondary Education.

A. (text unchanged)

B. The educational program shall comply with the instructional program requirements applicable to public school kindergarten programs found in:

(1) COMAR 13A.04.06—Program [in Reading] of Instruction in Personal Financial Literacy;

(2)—(8) (text unchanged)

C. —E. (text unchanged)

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Subtitle 12 CERTIFICATION

13A.12.01 General Provisions

Authority: Education Article, §§2-205, 2-303(g), and 6-701—6-705; Family Law Article, §10-119.3; Annotated Code of Maryland

Notice of Proposed Action

[17-103-P]

The Professional Standards and Teacher Education Board proposes to amend Regulation .03 under COMAR 13A.12.01 General Provisions. This action was considered by the Professional Standards and Teacher Education Board at their meeting held on March 3, 2016.

Statement of Purpose

The purpose of this action is to formalize the process for denying certification to individuals who have a disqualifying cause that would result in a suspension or revocation if the individual already held a Maryland certificate. The amendments also provide the same notice and opportunity for a hearing following a denial that is provided to current certificate holders.

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 Sarah Spross, M.Ed., Assistant State Superintendent, Division of Educator Effectiveness, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, Maryland 21201, or call 410-767-0385 (TTY 410-333-6442), or email to sarah.spross@maryland.gov, or fax to 410-333-8963. Comments will be accepted through May 1, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Professional Standards and Teacher Education Board during a public meeting to be held on June 1, 2017, 9 a.m., at 200 West Baltimore Street, Baltimore, Maryland 21201.

.03 Personnel.

A.—C. (text unchanged)

D. Personnel Not Eligible.

(1) (text unchanged)

(2) Personnel Under Investigation.

(a) Personnel under investigation for a cause under COMAR 13A.12.05 shall remain ineligible for a certificate pending the result of the investigation.

(b) If the Department’s investigation concludes that the individual has committed a cause listed under COMAR 13A.12.05, that individual shall be denied a certificate by the Department.

(c) An individual who has been denied a certificate may appeal that decision through the process outlined in COMAR 13A.12.05.03—.07.

(3)—(4) (text unchanged)

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Subtitle 12 CERTIFICATION

13A.12.02 Teachers

Authority: Education Article, §§2-205, 2-303(g), 6-121, and 6-701—6-705, Annotated Code of Maryland

Notice of Proposed Action

[17-104-P]

The Professional Standards and Teacher Education Board proposes to amend Regulations .15 and .16 under COMAR 13A.12.02 Teachers. This action was considered by the Professional Standards and Teacher Education Board at their meeting held on April 2, 2015.

Statement of Purpose

The purpose of this action is to expand the pool of potential applicants for local school systems by adding the ability to use teaching experience for the professional and technical education certificate and to revise the number of hours of work experience an individual may present for certification as a work-based learning coordinator.

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 Sarah Spross, M.Ed., Assistant State Superintendent, Division of Educator Effectiveness, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, Maryland 21201, or call 410-767-0385 (TTY 410-333-6442), or email to sarah.spross@maryland.gov, or fax to 410-333-8963. Comments will be accepted through May 1, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Professional Standards and Teacher Education Board during a public meeting to be held on June 1, 2017, 9 a.m., at 200 West Baltimore Street, Baltimore, Maryland 21201.

.15 Professional and Technical Education (Grades 7—12).

A. To receive certification in professional and technical education (grades 7—12), the applicant shall complete one of the following options:

(1) — (2) (text unchanged)

(3) Option III:

(a) (text unchanged)

(b) The occupational experience in §A(3)(a) of this regulation shall be within 10 years prior to the issuance of the certificate and may include:

[(i) Be within 10 years of the issuance of the certificate; and]

[(ii)] (i) [Include 1 year full-time employment; or] Full-time, satisfactory teaching experience in the career area to be taught; and/or

(ii) Full-time, satisfactory occupational experience employment.

(iii) The applicant may substitute a Department-accepted, current industry recognized credential, a list of which is maintained by the Department, for [the] 1 year [employment requirement] of the occupational experience requirement; and

(c) (text unchanged)

(4) Option IV:

(a) (text unchanged)

(b) The occupational experience in §A(4)(a) of this regulation shall be within 10 years prior to the issuance of the certificate and may include:

[(i) Be within 10 years of the issuance of the certificate; and

(ii) Include 2 years full-time employment; or]

(i) Full-time, satisfactory teaching experience in the career area to be taught; and/or

(ii) Full-time, satisfactory occupational experience employment.

(iii) The applicant may substitute a Department-accepted, current industry recognized credential [for 1 year of the 2 year employment requirement], a list of which is maintained by the Department, for 1 year of the occupational experience requirement; and

(c) (text unchanged)

B.—C. (text unchanged)

.16 Work-Based Learning Coordinator (Grades 7—12).

A. (text unchanged)

B. To add an endorsement in work-based learning coordinator (grades 7—12), the applicant shall:

(1) Hold a professional certificate with certification under [COMAR 13A.12.02.06—.11, .13—.15, and .17—.20(A)(3) of this chapter;] COMAR 13A.12.02.06, .13, and .17—.20(A)(3) of this chapter;

(2) (text unchanged)

(3) Complete a work experience requirement through any of the following:

(a) Documented evidence of employment equivalent to a minimum of 1,000 hours of [successful] satisfactory, wage-earning, nonteaching occupational experience;

(b) Documented evidence of employment equivalent to a minimum of [1,500] 1,000 hours which shall include 500 hours of [successful] satisfactory, wage-earning, nonteaching occupational experience [plus] and 500 hours of self-employment;

(c)—(d) (text unchanged)

C.—D. (text unchanged)

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Title 13B
MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 08 FINANCIAL AID

13B.08.02 Janet L. Hoffman Loan Assistance Repayment Program

Authority: Education Article §§11-105(u), 18-204(c), and 18-1503, Annotated Code of Maryland

Notice of Proposed Action

[17-106-P]

The Maryland Higher Education Commission proposes to adopt new Regulations .01 — .12 under a new chapter, COMAR 13B.08.02 Janet L. Hoffman Loan Assistance Repayment Program. This action was considered by the Maryland Higher Education Commission at a public meeting held on February 13, 2017.

Statement of Purpose

The purpose of this action is to adopt regulations to implement the Janet L. Hoffman Loan Assistance Repayment Program provided for in statute.

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 Donna Thomas, Director, Office of Student Financial Assistance, Maryland Higher Education Commission, 6 North Liberty Street, Baltimore MD 21201, or call 410-767-3109, or email to donnae.thomas@maryland.gov. Comments will be accepted through May 1, 2017. A public hearing has not been scheduled.

.01 Purpose.

The purpose of the Janet L. Hoffman Loan Assistance Repayment Program (Hoffman LARP) is to attract qualified individuals to fields of employment in government and the nonprofit sector, particularly those in which there are critical manpower shortages in the State and lower salaries than in the private sector, by providing State assistance in the repayment of educational loans.

.02 Eligibility.

A. To be eligible for assistance under the Hoffman LARP, an applicant:

(1) Shall possess:

(a) An undergraduate, graduate, or professional degree from a college or university located in Maryland;

(b) A law degree from any school of law; or

(c) A resident teacher certificate from the Maryland State Department of Education after completing an alternative teaching preparation program approved by the State Superintendent of Education;

(2) Shall have obtained employment with the State (not including employment as a judicial clerk in any court), a local government, or an organization, institution, association, society, or corporation that is tax exempt under §501(c)(3) or (4) of the Internal Revenue Code of 1986;

(3) May not be in default on any higher education loan;

(4) Shall have a higher education loan for undergraduate, graduate, professional, or resident teacher certificate study obtained for tuition, educational expenses, or living expenses from a college, university, government, or commercial source; and

(5) Shall meet annual income requirements as established by the Office for Student Financial Assistance.

B. In addition to the eligibility requirements in §A of this regulation, an applicant for a Nancy Grasmick Teacher Award shall have:

(1) Taught in a public school in the State for at least 2 years:

(a) In science, technology, engineering, or math; or

(b) In a school in which at least 75 percent of the students are enrolled in the free and reduced lunch program; and

(2) Received the highest performance evaluation rating possible for the most recent year.

C. In addition to the eligibility requirements in §A of this regulation, an applicant employed as a licensed clinical counselor shall work in a high need geographic area of the State, as determined by the Department of Health and Mental Hygiene, in one of the following fields:

(1) Licensed clinical alcohol and drug counseling;

(2) Licensed clinical marriage and family therapy counseling; or

(3) Licensed clinical professional counseling.

.03 Application Procedures.

A. To be considered for the Hoffman LARP, an applicant shall provide to the Office for Student Financial Assistance (OSFA):

(1) A completed application;

(2) Current repayment data on all education loans;

(3) Proof that the applicant has:

(a) Graduated from a college or university in Maryland;

(b) Graduated from a school of law; or

(c) Obtained of a resident teacher certificate;

(4) A statement from an eligible employer confirming the nature of the applicant’s job, length of employment, full-time status, and annual salary; and

(5) A copy of the applicant’s Maryland tax return for the most recent available year or, if not filed with the State, a copy of the applicant’s most recent federal return. If the applicant has not filed a tax return, they shall submit verification from the IRS confirming nonfiling status.

B. Applications from law school students shall be received between July 1 and September 30 each year. Applicants shall be attending the University of Maryland Francis King Carey School of Law or the University of Baltimore School of Law and be in their final year of school.

C. Applications from individuals possessing a Resident Teacher Certificate shall be received in the individual’s second year of the program and shall meet all the requirements in §A of this regulation.

D. Each applicant shall agree to provide any information or documentation requested by OSFA for the purpose of administering this program and, if requested, shall sign an authorization for the release of information to OFSA for the purpose of administering this program. An applicant’s failure or refusal to provide requested information or a signed release may result in a determination of ineligibility, the cancellation of an award, and the denial of a request for the deferment or waiver of a repayment obligation.

.04 Selection of Recipients.

A. Recipients shall receive an award depending upon their level of debt for a 3-year period.

B. Award funds are distributed in annual or monthly amounts as long as the recipient retains eligibility and continues to submit required annual employment, lender, and tax documentation.

C. Priority for participation in the program shall be given to an individual who:

(1) Graduated from an institution of higher education in the last 3 years;

(2) Is a resident of Maryland;

(3) Is employed on a full-time basis; and

(4) As the principal part of the individual’s employment:

(a) Provides legal services to low-income residents in the State who cannot afford legal services;

(b) Provides nursing services in nursing shortage areas in the State as defined in Education Article, §18-802, Annotated Code of Maryland;

(c) Provides other services in an eligible field of employment in which there is a shortage of qualified practitioners to low-income or underserved residents or areas of the State; or

(d) Qualifies for a Nancy Grasmick Teacher Award.

D. Priority fields of employment are:

(1) Legal services;

(2) Nursing services;

(3) Teachers who qualify for a Nancy Grasmick Teacher Award; and

(4) Other fields of employment in which there is a shortage of qualified practitioners providing services to low income or underserved residents or areas of the State as identified by the Office for Student Financial Assistance using appropriate workforce shortage data.

E. No more than 50 percent of the awards under the Janet L. Hoffman LARP may be awarded to Nancy Grasmick Teacher Scholars.

.05 Awarding Procedures.

A. Eligible applicants employed in priority fields shall be grouped by field, and the number of awards shall be proportionally distributed among priority fields.

B. Within priority fields, applicants shall be ranked according to graduation date, with the most recent graduation date receiving the highest priority, and then application completion date, with the earliest application completion date receiving the highest priority.

C. If applicants have identical graduation dates and application completion dates, applicants shall be ranked according to income, with the lowest income receiving the highest priority.

D. The top 50 percent of applicants, determined by the priority rankings, shall receive an award for 3 years, and the remaining applicants shall receive an award for 1 year but may reapply annually for 2 additional years.

E. Except as provided in §G of this regulation, award decisions shall be announced in December of each year.

F. Except as provided in Regulation .06 of this chapter, awards for resident teacher certificates shall only receive a one-time award regardless of the amount of their loan debt.

G. Award decisions for law school students shall be announced in mid-January of each year.

H. The Office of Student Financial Assistance has the authority to verify information concerning applicants and recipients for the purpose of administering this program.

.06 Award Calculation.

A. Awards shall be determined by an applicant’s overall reported debt at the time of application as follows:

 

Total Debt

Overall Award Limit

Yearly Payment

$75,001 — Over

$30,000

$10,000

$40,001 — $75,000

$18,000

$6,000

$15,001 — $40,000

$9,000

$3,000

$15,000 — below

$4,500*

$1,500

 

* Payment amount cannot exceed total debt; amount will be adjusted.

 

B. Recipients shall lock in to an award level that contains set award amounts for each year the recipient continues to remain eligible.

C. Payments vary for each award level.

D. One-time, 1-year only award amounts shall be equivalent to the yearly payment for the overall debt range for the applicant.

.07 Employment Obligations of Award Recipients.

A. A recipient shall furnish the Office of Student Financial Assistance (OSFA) with written acceptance of the award and sign a promissory note and employment obligation agreement with OSFA.

B. The promissory note and employment obligation agreement shall include:

(1) The obligations of the recipient;

(2) The total and annual amounts of the award;

(3) Penalties for breach of the promissory note and employment obligation agreement;

(4) Circumstances under which the employment obligation may be canceled, suspended, or waived; and

(5) Any other terms the Maryland Secretary of Higher Education considers necessary.

C. A recipient shall:

(1) Verify eligible employment and salary level initially, after 6 months, and at the end of each year in the program;

(2) Verify the current status of all education loans each year in the program;

(3) Submit a copy of their Maryland tax returns for any year during which an award is received and, if requested, a copy of their federal return; and

(4) Notify OSFA and their lending institutions of any change in employment status or salary level.

.08 Payment.

A. Recipients of the Hoffman LARP are eligible to receive a monthly or annual payment.

B. A recipient is eligible for the monthly loan repayment option under the following conditions:

(1) The recipient applies to a federal loan forgiveness program;

(2) The recipient notifies the Office of Student Financial Assistance (OSFA) each year in writing by the designated deadline, with accompanying documentation;

(3) OSFA verifies the recipient’s employment and lender verifications;

(4) OSFA issues a monthly check co-payable to the recipient and their lender, not to exceed 12 payments;

(5) The check shall be issued on or before the recipient’s monthly due date as assigned by their lender, if possible;

(6) The recipient’s monthly payment amount shall be a portion of the total annual award amount awarded to the student;

(7) The recipient shall pay any amount owed the lender which is not covered by the monthly payment amount; and

(8) The recipient shall notify OSFA if they receive other loan repayment assistance.

C. A recipient who is not in a federal loan forgiveness program or a recipient that applies to a federal loan forgiveness program and declines to receive a monthly repayment option shall receive an annual loan repayment under the following conditions:

(1) OSFA shall verify the recipient’s employment and lender verification;

(2) OSFA shall issue an annual check co-payable to the recipient and their lender; and

(3) The recipient shall endorse the check and forward it to the lender.

D. If a recipient fails to notify OSFA that they receive other loan repayment assistance, their award shall be canceled.

.09 Repayment.

A. If a recipient fails to carry out the employment obligations required under this program, the recipient shall repay the State the amount of the award plus interest.

B. Repayment may be prorated if the recipient partially fulfills the employment obligation, as determined by the Office of Student Financial Assistance.

C. Interest on the funds advanced shall accrue at an interest rate equal to the interest rate established by the United States Department of Education for the Federal Stafford Loan on the first day of July of each year.

D. Interest shall begin accruing as of the date the funds were provided to the recipient.

.10 Deferment of Repayment.

A. A recipient may request that their repayment be deferred if the recipient is:

(1) Unable to maintain employment within their current field for a period not to exceed 12 months because they must care for a spouse or child who is disabled;

(2) Assigned military duty outside of the State, not to exceed 3 years without filing an appeal; or

(3) Married to a spouse assigned military duty outside of the State, not to exceed 3 years without filing an appeal.

B. A recipient’s deferment request shall include satisfactory supporting documentation. Such documentation shall consist of the following, as appropriate:

(1) A sworn affidavit by a qualified physician that the recipient is unable to maintain employment within their current field because they must care for a spouse or child who is disabled; or

(2) A copy of military orders.

C. The Office of Student Financial Assistance (OSFA) shall review all documentation and determine if the deferment conditions have been met and, if so, determine the deferment period.

D. A recipient need not make repayments and interest does not accrue during the period of an approved deferment.

E. The OSFA shall, on a case-by-case basis, review appeals from individuals assigned military duty outside the State, or married to a spouse assigned military duty outside the State, that exceeds the 3-year deferral limit. Appeals shall be in writing and include a copy of the military orders.

.11 Waiver of Repayment Obligations.

The Office of Student Financial Assistance shall waive a recipient's repayment if it determines on the basis of a death certificate or other evidence of death that is conclusive under State law that the recipient has died.

.12 Report.

The Office of Student Financial Assistance shall submit an annual statement by January 1 of each year to the General Assembly on the implementation of the Hoffman LARP.

JAMES D. FIELDER, JR., Ph.D.
Secretary of Higher Education

 


Special Documents

 


DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  This notice lists the projects approved by rule by the Susquehanna River Basin Commission during the period set forth in “DATES.”

 

DATES:  February 1-28, 2017.

 

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

 

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

 

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

 

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

Chesapeake Appalachia, LLC, Pad ID: Maple Ln Farms, ABR-201202021.R1, Athens Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 6, 2017.

SWEPI, LP, Pad ID: My TB INV LLC 6076, ABR-201702001, Deerfield Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 6, 2017.

Range Resources – Appalachia, LLC, Pad ID: Bobst Mtn Hunting Club 30H-33H, ABR-201202017.R1, Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 1.0000 mgd; Approval Date: February 8, 2017.

Range Resources – Appalachia, LLC, Pad ID: Bobst A Unit 25H-27H, ABR-201202018.R1, Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 1.0000 mgd; Approval Date: February 8, 2017.

SWN Production Company, LLC, Pad ID: HEBDA-VANDEMARK, ABR-201201025.R1, Stevens Township, Bradford County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: February 10, 2017.

Cabot Oil & Gas Corporation, Pad ID: Jeffers Farms P2, ABR-201702002, Harford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.2500 mgd; Approval Date: February 14, 2017.

Cabot Oil & Gas Corporation, Pad ID: FoltzJ P2, ABR-201702003, Brooklyn Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.2500 mgd; Approval Date: February 14, 2017.

Carrizo (Marcellus), LLC, Pad ID: EP Bender B (CC-03) Pad (2), ABR-201201030.R1, Reade Township, Cambria County, Pa.; Consumptive Use of Up to 2.1000 mgd; Approval Date: February 14, 2017.

EXCO Resources (PA), LLC, Pad ID: Warner North Unit Pad, ABR-201202001.R1, Penn Township, Lycoming County, Pa.; Consumptive Use of Up to 8.0000 mgd; Approval Date: February 14, 2017.

Inflection Energy, (PA), LLC, Pad ID: Eichenlaub B Pad, ABR-201206013.R1, Upper Fairfield Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 16, 2017.

Chief Oil & Gas, LLC, Pad ID: Boy Scouts Drilling Pad, ABR-201207023.R1, Elkland Township, Sullivan County, Pa.; Consumptive Use of Up to 2.0000 mgd; Approval Date: February 17, 2017.

Cabot Oil & Gas Corporation, Pad ID: ManzerA P1, ABR-201203013.R1, Gibson Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.5750 mgd; Approval Date: February 20, 2017.

Cabot Oil & Gas Corporation, Pad ID: MackeyR P1, ABR-201203015.R1, Lathrop Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.5750 mgd; Approval Date: February 20, 2017.

Cabot Oil & Gas Corporation, Pad ID: TeddickM P1, ABR-201203016.R1, Brooklyn Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.5750 mgd; Approval Date: February 20, 2017.

SWN Production Company, LLC, Pad ID: Conklin South Pad, ABR-201204018.R1, New Milford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: February 20, 2017.

EXCO Resources (PA), LLC, Pad ID: Budman Well Pad, ABR-201201015.R1, Franklin Township, Lycoming County, Pa.; Consumptive Use of Up to 8.0000 mgd; Approval Date: February 23, 2017.

Chesapeake Appalachia, LLC, Pad ID: SGL289C, ABR-201201034.R1, West Burlington Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 24, 2017.

Chief Oil & Gas, LLC, Pad ID: SGL 12 K UNIT PAD, ABR-201702004, Leroy Township, Bradford County, Pa.; Consumptive Use of Up to 2.5000 mgd; Approval Date: February 24, 2017.

Inflection Energy (PA) LLC, Pad ID: Nature Boy, ABR-201111035.R1, Upper Fairfield Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 24, 2017.

SWN Production Company, LLC, Pad ID: Conigliaro Pad, ABR-201204016.R1, New Milford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: February 24, 2017.

Chesapeake Appalachia, LLC, Pad ID: Nina, ABR-201208003.R1, Asylum Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 27, 2017.

Chesapeake Appalachia, LLC, Pad ID: Stethers, ABR-201208004.R1, Wyalusing Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 27, 2017.

Chesapeake Appalachia, LLC, Pad ID: Harlan, ABR-201208005.R1, Overton Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 27, 2017.

Chesapeake Appalachia, LLC, Pad ID: BKT, ABR-201208012.R1, Wilmot Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 27, 2017.

Chesapeake Appalachia, LLC, Pad ID: Ronmary, ABR-201208013.R1, Elkland Township, Sullivan County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 27, 2017.

Chesapeake Appalachia, LLC, Pad ID: Tufano, ABR-201208020.R1, Overton Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 27, 2017.

Repsol Oil & Gas USA, LLC, Pad ID: ALDERFER (03 109) H, ABR-201203007.R1, Columbia Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: February 27, 2017.

SWEPI, LP, Pad ID: Barner 709, ABR-201201013.R1, Liberty Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 27, 2017.

SWEPI, LP, Pad ID: Tolbert 263, ABR-201201022.R1, Jackson Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 27, 2017.

SWN Production Company, LLC, Pad ID: GOOD, ABR-201201027.R1, Jackson and Cogan House Townships, Lycoming County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: February 28, 2017.

SWN Production Company, LLC, Pad ID: McNamara Well Pad, ABR-201203011.R1, Silver Lake Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 28, 2017.

SWEPI, LP, Pad ID: Jones 276, ABR-201201021.R1, Jackson Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 28, 2017.

 

AUTHORITY:  Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.

 

Dated:  March 10, 2017.

STEPHANIE L. RICHARDSON
Secretary to the Commission

[17-07-25]

 

WATER MANAGEMENT ADMINISTRATION

Notice of Final Determination
General Permit for Discharges from Mineral Quarries, Borrow Pits, and Concrete and Asphalt Plants

 

The Maryland Department of the Environment is reissuing the State/National Pollution Discharge Elimination System (NPDES) General Permit for Discharges from Mineral Quarries, Borrow Pits, and Concrete and Asphalt Plants, Permit No. 15MM (NPDES No. MDG49).  This permit replaces the one issued effective May 1, 2010, Permit No. 10MM.

A public notice on the tentative determination to reissue the discharge permit was published on July 22, 2016 in the Maryland Register and in newspapers throughout Maryland.  The Department held one public hearing concerning the tentative determination on September 9, 2016 and received comments through Friday, September 16, 2016. After considering all comments received either in writing or through oral testimony during the comment period, the Department has made a final determination to issue the permit.  Listed below are the major revisions to the tentative determination included in the Department’s final determination:

1. The concerns regarding permit complexity have been addressed by allowing operators to print abbreviated versions of the permit, with just the conditions applicable to them, to reduce the number of pages most operators will need to deal with.  In addition, individual registration letters will be customized to include just the numeric limits specific to that operator.

2. Deadlines for transfer requests have been modified to be more consistent with the federal Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP).

3. Definitions for additive, concrete washout, vehicle wash water, and corrective action have been included in the permit.  Also definitions were removed that don’t apply to this permit.

4. Removed a requirement to store certain materials on an impervious surface and addressed a concern regarding basin depths, to be consistent with the MSGP.

5. Modified language on the type of analysis required prior to emptying secondary containment water.

6. Regarding sediment control, we have provided flexibility when a recent approved erosion and sediment control plan has already been issued.

7. Allow separate site maps, instead of one comprehensive one.

8. Removed the construction BMPs from operations included in Sector L.

9. Chemical additive requirements for erosion and sediment control have been located in the main body of the permit, and the jar test requirement for flocculants was removed.

10. Require an updated and approved erosion and sediment control plan in addition to coverage under the mining permit, prior to discharging. Thus we have removed duplicative specific requirements for earth-disturbing activities conducted prior to active mining.  The elements removed include the following Sector J elements: maintenance, sediment trackout, stockpiles, sizing of stormwater controls, sediment basin requirements, stabilization, buffer requirements, and time frames for practices.

11 For sample requirements in the first 30 minutes of a storm event, language from the MSGP has been added to provide flexibility.

12. The permit now provides some flexibility in sampling of snowmelt discharges.  Guidance is also provided for asphalt plants that don’t operate during the winter.

13. Clarified how to document visual monitoring during a quarter when no discharge occurs.

14. Inspection requirements have been modified.  Although we retain quarterly visual inspection during a storm event, the quarterly site assessment has been changed to twice a year to be consistent with the previous permit.

15. Removed the requirement for submitting ancillary reports electronically, however have retained requirement for e-reporting of discharge monitoring reports (DMRs).

16. Provided the same run-on considerations as were provided in the latest MSGP.

17. Addressed pH limits uniformly throughout the permit; at the end of pipe vs. instituting in-stream limits.

18. Added a table for locations where only vehicle wash water is discharged and removed some documentation requirements.

19. Removed pH benchmarks for asphalt crushing operations.

20. Removed nitrogen benchmarks for sand and gravel operations, and removed requirements for monthly inspections based on nitrogen impairments.

21. Removed iron benchmarks for concrete plant operations.

22. Clarified when a corrective action is required if identified by the Department.

23. Added flexibility for the deadline to notify the Department, unless the situation endangers human health or the environment.

24. Added flexibility in documentation deadlines and reduced record retention from 5 years to 3 years.

25. Improved the description of how Temperature Difference is calculated.

26. Included allowance for the storage of documents in an Environmental Management System (EMS) system, instead of paper copy with the SWPPP, for those operators who have that option.

27. All other terms and conditions of the tentative determination remain unchanged. The tentative determination notice is incorporated by reference into this notice and may be found here: http://bit.ly/MDE-MMGP

Any person adversely affected by this final determination may file a petition for judicial review.  Petitions for judicial review of a final determination or permit decision subject to judicial review must be filed in accordance with §1-605 of the Environment Article no later than April 30, 2017, and must be filed in a circuit court in Maryland.  Petitions for judicial review must conform to the applicable Maryland Rules of Civil Procedure. Failure to file a petition for judicial review by April 30, 2017, will constitute a waiver of any right to a judicial review of this final determination.

To view and print the final permit and response documents, you may use this link http://bit.ly/MDE-MMGP.

Any questions regarding this final determination should be directed to Paul Hlavinka or Michael Richardson at the Maryland Department of the Environment, Water Management Administration, at paul.hlavinka@maryland.gov or michael.richardson@maryland.gov or by telephone at 410- 537-3323 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

Persons seeking to review the final permit and associated file may do so by contacting Mr. Hlavinka to make an appointment. Copies of documents may be obtained at a cost of $0.36 per page.

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MARYLAND HEALTH CARE COMMISSION

AVERAGE ANNUAL BED OCCUPANCY RATE AND AVERAGE
ANNUAL NUMBER OF LICENSED NURSING HOME BEDS BY
JURISDICTION AND REGION:
MARYLAND, FISCAL YEARS 2013 — 2015

 

Average Annual Occupancy (%)*

Average Annual Number of Beds **

Region/Jurisdiction

FY 2013

FY 2014

FY 2015

FY 2013

FY 2014

FY 2015

Western Maryland

 

89.1

91.0

 

89.7

 4,371

 4,315

 4,329

 

Allegany County

87.1

88.8

88.8

 903

 904

 903

 

Carroll County

90.2

91.2

88.7

 923

 921

 921

 

Frederick County

86.3

90.1

89.1

 1,109

 1,062

 1,064

 

Garrett County

94.4

93.4

95.7

 316

 313

 309

 

Washington County

91.1

92.9

90.3

 1,120

 1,114

 1,133

  

Montgomery County

84.7

87.3

87.1

 4,524

 4,527

 4,506

 

 

Southern Maryland(1)

 

90.7

92.7

91.2

 3,780

 3,772

 3,851

Calvert County

84.6

85.4

92.0

 302

 302

 302

 

Charles County

91.4

93.5

88.1

 422

 418

 482

 

Prince  Georges County

92.0

93.3

91.6

 2,759

 2,775

 2,790

 

St Mary’s County(1)

83.3

93.1

91.3

 297

 277

 277

  

Central Maryland

 

88.0

89.9

89.9

 12,323

 12,196

 12,237

 

Anne Arundel County

86.7

86.3

88.6

 1,746

 1,751

 1,758

 

Baltimore City

87.8

91.2

90.5

 3,872

 3,724

 3,749

 

Baltimore County

88.8

89.7

89.9

 5,420

 5,397

 5,393

 

Harford County

90.3

92.9

91.4

 738

 770

 769

 

Howard County

81.7

89.7

89.1

 547

 553

 568

  

Eastern Shore

 

86.1

86.5

83.4

 2,606

 2,572

 2,605

 

Caroline County

93.7

92.0

82.2

 187

 187

 187

 

Cecil County

85.9

84.0

78.6

 421

 429

 454

 

Dorchester County

87.8

87.6

86.7

 240

 242

 240

 

Kent County

74.9

75.7

80.0

 228

 228

 228

 

Queen Anne’s County

85.4

93.7

88.7

 115

 110

 120

 

Somerset County

89.6

91.6

86.4

 209

 211

 211

 

Talbot County

92.8

90.2

89.7

 260

 260

 260

 

Wicomico County

84.5

84.9

80.6

 643

 607

 613

 

Worcester County

84.4

88.3

87.6

 303

 297

 292

  

MD Total (1)

87.8

89.7

89.0

 27,603

 27,381

 27,528

* Licensed Beds Occupancy Rate is based on a ratio of total patient days to total available licensed nursing home days, which excludes temporarily delicensed beds.

** Average Annual Number of Beds is calculated by dividing the total available days by 365.

Source:  Maryland Health Care Commission, 2015 Long Term Care Survey, 2015 Nursing Home Bed Inventory Records; Maryland Medical Assistance Program, unaudited 2015 cost reports

(1)Excludes Charlotte Hall Veterans Home

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REQUIRED MARYLAND MEDICAL ASSISTANCE PARTICIPATION RATES FOR NURSING HOMES BY REGION AND JURISDICTION: FISCAL YEAR 2015

Region/Jurisdiction 

 

Required Medicaid  Participation Rate (%)*

Western Maryland

 

47.60

 

Allegany County

56.23

 

Carroll County

45.88

 

Frederick County

39.23

 

Garrett County

62.29

 

Washington County

45.74

  

Montgomery County

39.96

  

Southern Maryland(1)

 

43.23

Calvert County

49.37

 

Charles County

54.55

 

Prince  Georges County

39.94

 

St Mary’s County(1)

50.70

  

Central Maryland

 

46.90

 

Anne Arundel County

36.06

 

Baltimore City

57.53

 

Baltimore County

42.59

 

Harford County

47.17

 

Howard County

49.88

  

Eastern Shore

 

52.22

 

Caroline County

56.18

 

Cecil County

51.69

 

Dorchester County

59.00

 

Kent County

43.36

 

Queen Anne’s County

59.28

 

Somerset County

59.13

 

Talbot County

43.48

 

Wicomico County

53.45

 

Worcester County

49.10

  

MD Total (1)

45.85

* Participation Rates are based on weighted mean Medicaid participation (calculated as total county Medicaid days divided by total county patient days) minus 15.5%.

 

Source:  Maryland Health Care Commission, 2015 Long Term Care Survey, 2015 Nursing Home Bed Inventory Records; Maryland Medical Assistance Program, unaudited 2015 cost reports

 

(1)Excludes Charlotte Hall Veterans Home

 

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