Capitol Building Maryland Register

Issue Date: September 1, 2017

Volume 44 • Issue 18 • Pages 855-886

IN THIS ISSUE

Governor

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before August 14, 2017 5 p.m.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 August 14, 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, Administrator; Mary D. MacDonald, Senior 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 ......................................................................  858

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  859

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources ......................................  864

10        Maryland Department of Health .........................................  865

11        Department of Transportation ............................................  868

13A     State Board of Education ....................................................  871

14        Independent Agencies ................................................  866, 872

23        Board of Public Works ......................................................  866

31        Maryland Insurance Administration ...................................  880

36        Maryland State Lottery and Gaming Control
               Agency ............................................................................  867

 

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 01.01.2017.17 .........................................  861

EXECUTIVE ORDER 01.01.2017.18 .  861

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS .  863

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Sharks .  864

WILDLIFE

General  864

Use of Wildlife Areas .  864

Open Seasons, Bag Limits for Game Birds and Game
   Animals .  864

Forest Wildlife .  864

10  DEPARTMENT OF HEALTH AND MENTAL HYGIENE

MEDICAL CARE PROGRAMS

Adult Residential Substance Use Disorder Services .  865

Oxygen and Related Respiratory Equipment Services .  866

Medical Assistance Eligibility .  866

14  INDEPENDENT AGENCIES

COMMISSION ON CRIMINAL SENTENCING POLICY

General Regulations .  866

Criminal Offenses and Seriousness Categories .  866

23  BOARD OF PUBLIC WORKS

PUBLIC SCHOOL CONSTRUCTION

Administration of the Public School Construction
   Program ..  866

36  MARYLAND STATE LOTTERY AND GAMING
   CONTROL AGENCY

GAMING PROVISIONS

Collection of Taxes, Fees, and Penalties .  867

 

Proposed Action on Regulations

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

COMMISSIONER OF FINANCIAL REGULATION

Foreclosure Procedures for Residential Property .  868

11  DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION—VEHICLE
   INSPECTIONS

Vehicle Emissions Inspection Program ..  868

13A STATE BOARD OF EDUCATION

SPECIFIC SUBJECTS

Programs in Fine Arts .  871

14  INDEPENDENT AGENCIES

COMMISSION ON CRIMINAL SENTENCING POLICY

Criminal Offenses and Seriousness Categories .  872

CANAL PLACE PRESERVATION AND DEVELOPMENT
   AUTHORITY

Public Information Requests .  879

State Economic Growth, Resource Protection, and Planning
   Policy Project Review
..  879

31  MARYLAND INSURANCE ADMINISTRATION

PROPERTY AND CASUALTY INSURANCE

Coverage for Loss Caused by Water That Backs Up Through
   Sewers or Drains .  880

Homeowner’s Insurance Notice .  880

UNFAIR TRADE PRACTICES

Homeowner's Insurance and Private Passenger Motor
   Vehicle Insurance — Standards for Cancellation and
   Nonrenewal  880

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Commission Meeting .  881

MARYLAND HEALTH CARE COMMISSION

SCHEDULE FOR CERTIFICATE OF ONGOING
   PERFORMANCE REVIEWS .  881

 

General Notices

CHESAPEAKE BAY TRUST

Public Meeting .  883

CRIMINAL JUSTICE INFORMATION ADVISORY BOARD

Public Meeting .  883

COMMISSION ON CRIMINAL SENTENCING POLICY

Public Meeting .  883

MARYLAND DEPARTMENT OF HEALTH

Call for Physicians and Pharmacists Nominations for
   Maryland Medicaid DUR Board ...........................................  883

HISTORIC ST. MARY'S CITY COMMISSION

Public Meeting .  883

MARYLAND INSURANCE ADMINISTRATION

Public Meeting .  883

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .  883

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  884

Receipt of Application .  884

Exemption from Certificate of Need Review—
   Merger/Consolidation .  884

Exemption from Certificate of Need Review ..  884

Formal Start of Review ..  884

Receipt of Application .  884

GOVERNOR'S COMMISSION ON MARYLAND MILITARY
   MONUMENTS

Public Meeting .  885

DEPARTMENT OF NATURAL RESOURCES/FISHING AND
   BOATING SERVICES

Public Notice — Commercial Striped Bass Common Pool
   Hook and Line Season Modification .  885

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Public Meeting .  885

GOVERNOR'S P20 LEADERSHIP COUNCIL

Public Meeting .  885

RACING COMMISSION

Public Meeting .  885

BOARD OF REVENUE ESTIMATES

Public Meeting .  885

MARYLAND SEXUAL ASSAULT AND EVIDENCE
   POLICY AND FUNDING COMMITTEE

Public Meeting .  885

WORKERS' COMPENSATION COMMISSION

Public Meeting .  885

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

Public Meeting .  885

GOVERNOR'S WORKFORCE DEVELOPMENT BOARD

Public Meeting .  885

 

 

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 JANUARY 19, 2018

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

September 15**

August 28

September 6

September 1

September 29

September 11

September 20

September 18

October 13

September 25

October 4

October 2

October 27**

October 6

October 18

October 16

November 13***

October 23

November 1

October 30

November 27***

November 6

November 15

November 13

December 8

November 20

November 29

November 27

December 22

December 4

December 13

December 11

January 5**

December 18

December 27

December 22

January 19**

December 29

January 10

January 8

 

*       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.

 


08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.03.11,.12 • 44:15 Md. R. 762 (7-21-17)

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

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

09.03.12.01,.08 • 44:17 Md. R. 840 (8-18-17)

09.10.03.01,.10 • 44:8 Md. R. 409 (4-14-17)

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

09.13.07.02 • 44:8 Md. R. 411 (4-14-17)

09.16.01.04,.05 • 44:10 Md. R. 489 (5-12-17)

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

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)

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

 

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)

 

     Subtitle 09 (2nd volume)

 

10.09.03.01,.03—.07 • 44:14 Md. R. 661 (7-7-17)

10.09.27.01 • 44:14 Md. R. 665 (7-7-17)

10.09.44.03 • 44:10 Md. R. 491 (5-12-17)

10.09.47.03 • 44:14 Md. R. 665 (7-7-17)

10.09.49.02,.04—.07,.09—.11 • 44:14 Md. R. 665 (7-7-17)

10.09.79.01—.08 • 44:11 Md. R. 529 (5-26-17)

10.09.80.02,.03,.05 • 44:14 Md. R. 667 (7-7-17)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.21.14.01—.04,.06,.10 • 44:16 Md. R. 810 (8-4-17)

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

     Subtitles 23 — 36 (4th Volume)

 

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

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

                                            44:12 Md. R. 595 (6-9-17)

10.32.02.17 • 44:16 Md. R. 811 (8-4-17)

10.34.37.01,.04 • 44:14 Md. R. 668 (7-7-17)

 

     Subtitles 37—66 (5th Volume)

 

10.46.01.01,.02 • 44:14 Md. R. 669 (7-7-17)

10.46.04.02,.04,.07 • 44:14 Md. R. 669 (7-7-17)

10.46.07.01,.03—.06 • 44:14 Md. R. 669 (7-7-17)

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—.14 • 44:17 Md. R. 841 (8-18-17)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

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

 

     Subtitles 11—22 (MVA)

 

11.11.16.01—.03 • 44:15 Md. R. 763 (7-21-17)

11.14.08.01,.03—.05,.09 • 44:18 Md. R. 868 (9-1-17)

11.15.36.01—.04 • 44:14 Md. R. 672 (7-7-17)

11.19.04.02,.03,.06,.07,.10,.11 • 44:15 Md. R. 764 (7-21-17)

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.04.01.17 • 44:14 Md. R. 673 (7-7-17)

12.10.01.01,.03,.04,.09 • 44:14 Md. R. 674 (7-7-17)

12.11.09.02—.04 • 44:13 Md. R. 631 (6-23-17)

 

13A STATE BOARD OF EDUCATION

 

13A.02.01.04 • 44:12 Md. R. 596 (6-9-17)

13A.04.16.01—.03 • 44:18 Md. R. 871 (9-1-17)

13A.05.01.08 • 44:15 Md. R. 766 (7-21-17)

13A.06.01.02,.03 • 44:13 Md. R. 632 (6-23-17)

13A.12.02.21 • 44:12 Md. R. 596 (6-9-17)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.02.06.01—.13 • 44:13 Md. R. 634 (6-23-17)

 

14 INDEPENDENT AGENCIES

 

14.22.02.02 • 44:18 Md. R. 872 (9-1-17)

14.28.02.01—.14 • 44:18 Md. R. 879 (9-1-17)

14.28.07.01—.07 • 44:18 Md. R. 879 (9-1-17)

14.28.08.02—.14 • 44:15 Md. R. 767 (7-21-17)

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)

14.36.01.03,.13 • 44:17 Md. R. 844 (8-18-17)

14.36.04.01,.04—.08 • 44:17 Md. R. 844 (8-18-17)

 

15 DEPARTMENT OF AGRICULTURE

 

15.01.11.01—.10 • 44:15 Md. R. 773 (7-21-17)

 

17 DEPARTMENT OF BUDGET AND MANAGEMENT

 

17.04.11.03 • 44:16 Md. R. 812 (8-4-17)

 

19A STATE ETHICS COMMISSION

 

19A.01.01.02 • 44:16 Md. R. 812 (8-4-17)

19A.01.01.02 • 44:16 Md. R. 816 (8-4-17)

19A.03.04.01—.04 • 44:16 Md. R. 812 (8-4-17)

19A.04.01.02 • 44:16 Md. R. 816 (8-4-17)

19A.04.Appendix A • 44:16 Md. R. 812 (8-4-17)

19A.04.Appendix A • 44:16 Md. R. 816 (8-4-17)

19A.04.Appendix B • 44:16 Md. R. 812 (8-4-17)

19A.04.Appendix B • 44:16 Md. R. 816 (8-4-17)

19A.05.Appendix A • 44:16 Md. R. 812 (8-4-17)

19A.05.Appendix A • 44:16 Md. R. 816 (8-4-17)

19A.05.Appendix B • 44:16 Md. R. 812 (8-4-17)

19A.05.Appendix B • 44:16 Md. R. 816 (8-4-17)

19A.07.01.06 • 44:16 Md. R. 812 (8-4-17)

 

21 STATE PROCUREMENT REGULATIONS

 

21.10.07.03 • 44:16 Md. R. 818 (8-4-17)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.04.02.04 • 44:16 Md. R. 819 (8-4-17)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.08.02.03-1,.03-3,.04-1,.08 • 44:11 Md. R. 533 (5-26-17)

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

26.08.09.01,.04,.06,.07,.08 • 44:11 Md. R. 533 (5-26-17)

26.11.02.01,.10 • 44:14 Md. R. 685 (7-7-17)

26.11.09.01,.04,.06,.11 • 44:12 Md. R. 600 (6-9-17)

26.11.32.01—.05,.05-1,.06,.08,.12,.14,
     .16
• 44:11 Md. R. 543 (5-26-17) (ibr)

26.11.33.01—.14 • 44:12 Md. R. 602 (6-9-17)

26.11.36.01—.04 • 44:14 Md. R. 685 (7-7-17)

 

     Subtitles 19—27 (Part 4)

 

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

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.02.02,.03 • 44:17 Md. R. 845 (8-18-17)

31.03.03.01—.04 • 44:8 Md. R. 415 (4-14-17)

31.03.06.05 • 44:14 Md. R. 687 (7-7-17)

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

31.08.14.03 • 44:18 Md. R. 880 (9-1-17)

31.08.15.06 • 44:17 Md. R. 846 (8-18-17)

31.08.18..01—03 • 44:18 Md. R. 880 (9-1-17)

31.10.44.01—.09 • 44:15 Md. R. 776 (7-21-17)

31.15.10.04 • 44:18 Md. R. 880 (9-1-17)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.01.02,.03 • 44:17 Md. R. 847 (8-18-17)

36.03.03.07 • 44:17 Md. R. 847 (8-18-17)

36.03.10.02,.11,.19,.20,.24,.27,.28,.38,.41,.42,
     .51
• 44:17 Md. R. 847 (8-18-17)

36.04.01.20,.31 • 44:17 Md. R. 847 (8-18-17)

36.05.02.16 • 44:17 Md. R. 847 (8-18-17)

36.05.03.03 • 44:17 Md. R. 847 (8-18-17)

 


The Governor

EXECUTIVE ORDER 01.01.2017.17

Back River Midge Reduction

 

WHEREAS, Midges are an insect species closely related to mosquitoes and black flies;

 

WHEREAS, An infestation of midges can be a public and common nuisance on lands and waters used for recreation, employment, or tourism;

 

WHEREAS, Swarms of midges can fly into humans’ noses and mouths, and pose a health risk to people with asthma and allergies;

 

WHEREAS, Densities of 500 midge larvae per square meter are considered a nuisance and can menace the economic welfare of and cause injury to marinas, restaurants, community centers, and other businesses and facilities;

 

WHEREAS, The Baltimore County Department of Environmental Protection   

and Sustainability has reported densities of approximately

12,000 midge larvae per square meter in some areas of the Back

River;  

 

WHEREAS, Nutrient-rich sediment from the Back River Wastewater Treatment Plant has likely contributed to ongoing and uncontrolled infestation of midges;  

 

WHEREAS, Some marinas on the Back River have reported losing half of their customers because of the midge infestation, and senior citizens’ centers have had to limit outdoor activities for their members;  

 

WHEREAS, The midge infestation on the Back River threatens to spread into the northern Chesapeake Bay;

 

WHEREAS, The State has dedicated more than $288 million in financial aid to Baltimore County to upgrade the Back River Wastewater Treatment Plant with biological nutrient removal (“BNR”) and enhanced nutrient removal (“ENR”) technologies;

 

WHEREAS, When completed in 2018, these pending improvements to the Back River Wastewater Treatment Plant will reduce the nutrient-rich sediment that has likely caused the uncontrolled infestation of midges on the Back River;

 

WHEREAS, In the interim, it is desirable to significantly reduce the populations of midges in the Back River to provide some relief for local residents;

 

WHEREAS, With the goal of suppressing nuisance midges in the tidal waters of the Back River, the Back River Nuisance Midge Expert Panel, a team of scientists, has recommended test applications of bacillus thuringiensis israelensis (“Bti”), which destroys midge larvae but does not have other effects on the environment or other species; and

 

WHEREAS, State resources, including general funds of the State, should be expended to retard, eradicate, eliminate, or destroy midges in the Back River.

 

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. The Department of Agriculture (the “Department”), in consultation with the Department of Natural Resources, may use the services of a third-party vendor to disseminate, place, or spread Bti in areas of the Back River that have been identified as “hot spots” for midges.

B. In accordance with applicable budgetary and procurement laws, the Department may, to eradicate the infestation of midges on the Back River, expend general funds of the State, funds appropriated in the State budget, or funds otherwise available for use in controlling insects that are a menace to the welfare of the people of the State. 

C. In accordance with applicable budgetary and procurement laws, the Department may operate, sell, buy, lease, exchange, rent, or repair any vehicle, vessel, boat, net, or other equipment necessary for the retardation, eradication, elimination, or destruction of the infestation of midges on the Back River.

D. Work to eradicate the infestation of midges on the Back River may be executed by the Department by contract or open account, as is deemed in the State’s best interest.

E. To eradicate the infestation of midges on the Back River, the Department may enter any public or private land or property, vehicle, vessel, or aircraft in the State.

F. The Department shall, in conjunction with the Department of Natural Resources, review the effectiveness of the efforts to eradicate the infestation of midges on the Back River.

G. The Department shall cooperate with agencies of the United States, other State agencies, and other persons in carrying out the eradication of the infestation of midges on the Back River.

H. The Department may, in conjunction with the Department of Natural Resources, adopt any regulations desirable to carry out the eradication of the infestation of midges on the Back River.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 10th Day of August 2017.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[17-18-28]

 

EXECUTIVE ORDER 01.01.2017.18

State Development Plan

(Rescinds Executive Order 01.01.2011.22)

 

WHEREAS, PlanMaryland, the State's Development Plan, was adopted on December 16, 2011;

 

WHEREAS, Title 5 of the State Finance and Procurement Article provides that the Department of Planning shall, from time to time, revise the State Development Plan;

 

WHEREAS, The State Development Plan is now more than five years old and economic, physical and social conditions and trends in the state have changed;

 

WHEREAS, In order to promote the general welfare and prosperity of the state, the State Development Plan should be prepared after considering input from a variety of stakeholders, including local governments, regional planning commissions, the Maryland Municipal League, the Maryland Association of Counties,  local educational institutions, civic groups, and interested parties;

 

WHEREAS, The revised and updated State Development Plan should enrich the lives of Marylanders while promoting responsible growth and the protection of Maryland’s resources;

 

WHEREAS, PlanMaryland is not a substitute for local comprehensive plans and it does not supplant local planning and zoning authority, which has been delegated to local governments by the General Assembly; and

 

WHEREAS, PlanMaryland will continue until a revised plan is approved by the Governor and filed with the Secretary of State;

 

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. The Maryland Department of Planning (“Planning”), in coordination with the Smart Growth Subcabinet and the Maryland Sustainable Growth Commission, local governments and other stakeholders, shall prepare a revised State Development Plan that will replace PlanMaryland.

B. State agencies shall provide analysis and collaboration, as requested, by Planning, the Smart Growth Subcabinet, and the Maryland Sustainable Growth Commission.

C. The new, revised State Development Plan shall consist of the following two components:

(1) State Development Plan Guidelines that articulate the purpose and objectives of the plan, which will include collaborative strategies essential for modern planning; and

(2) A State Planning Digital Resource Center that establishes a transparent and organized collection of State and local plans and related planning resources used to plan and coordinate responsible growth and resource protection.

D. The planning strategies shall be organized to serve four goals:

(1) enriching the lives of Marylanders;

(2) using smart growth principles;

(3) growing responsibly; and

(4) protecting Maryland’s resources.

E. The strategies for growing responsibly and protecting Maryland’s resources should further the following objectives:

(1) supporting existing communities;

(2) creating quality places;

(3) coordinating State investment;

(4) natural resources preservation; and

(5) cultural, historical, and heritage preservation.

F. State agencies and digital resources, both existing and proposed, should be identified to support each strategy of the new State Development Plan.

G. Planning, in consultation with the Smart Growth Subcabinet and the Sustainable Growth Commission, shall develop a work plan that includes extensive outreach and collaboration to ensure that a new State Development Plan will be prepared on or before July 1, 2019.

H. Executive Order 01.01.2011.22 is hereby rescinded.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 19th Day of August, 2017.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[17-18-29]

 


The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court of Appeals dated July 28, 2017, LAURENCE FLEMING JOHNSON, 2401 Blueridge Avenue, Suite 407, Silver Spring, Maryland 20902, has been indefinitely suspended by consent, effective August 14, 2017 from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated August 15, 2017, W. STEPHEN PALEOS, 609 Wyngate Drive, P.O. Box 161, Frederick, Maryland 21705, has been placed on inactive status by consent, effective immediately from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

[17-18-26]

 

 


Final Action on Regulations

 

Symbol Key

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

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

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

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

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

 

 


Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.22 Sharks

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

Notice of Final Action

[17-169-F]

On August 22, 2017, the Secretary of Natural Resources adopted amendments to Regulation .03 under COMAR 08.02.22 Sharks. This action, which was proposed for adoption in 44:14 Md. R. 657—658 (July 7, 2017), has been adopted as proposed.

Effective Date: September 11, 2017.

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 03 WILDLIFE

08.03.01 General

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

Notice of Final Action

[17-182-F]

On August 22, 2017, the Secretary of Natural Resources adopted amendments to Regulation .01 under COMAR 08.03.01 General. This action, which was proposed for adoption in 44:14 Md. R. 658 (July 7, 2017), has been adopted as proposed.

Effective Date: September 11, 2017.

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 03 WILDLIFE

08.03.02 Use of Wildlife Areas

Authority: Natural Resources Article, §10-808, Annotated Code of Maryland

Notice of Final Action

[17-167-F]

On August 22, 2017, the Secretary of Natural Resources adopted amendments to Regulation .28 under COMAR 08.03.02 Use of Wildlife Areas. This action, which was proposed for adoption in 44:14 Md. R. 659 (July 7, 2017), has been adopted as proposed.

Effective Date: September 11, 2017.

MARK J. BELTON
Secretary of Natural Resources

Subtitle 03 WILDLIFE

08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals

Authority: Natural Resources Article, §§10-205, 10-406, and 10-410, Annotated Code of Maryland

Notice of Final Action

[17-166-F]

On August 22, 2017, the Secretary of Natural Resources adopted amendments to Regulations .01 and .05 under COMAR 08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals. This action, which was proposed for adoption in 44:14 Md. R. 659—660 (July 7, 2017), has been adopted as proposed.

Effective Date: September 11, 2017.

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 03 WILDLIFE

08.03.04 Forest Wildlife

Authority: Natural Resources Article, §§10-205, 10-408, and 10-418, Annotated Code of Maryland

Notice of Final Action

[17-168-F]

On August 22, 2017, the Secretary of Natural Resources adopted amendments to Regulations .02, .03, .05, and .23 under COMAR 08.03.04 Forest Wildlife. This action, which was proposed for adoption in 44:14 Md. R. 660—661 (July 7, 2017), has been adopted as proposed.

Effective Date: September 11, 2017.

MARK J. BELTON
Secretary of Natural Resources

 

Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.06 Adult Residential Substance Use Disorder Services

Authority: Health-General Article, §§2-104(b), 7.5-204(c), 7.5-205(d), and 15-105(b), Annotated Code of Maryland

Notice of Final Action

[17-156-F]

On August 21, 2017, the Secretary of Health adopted new Regulations .01—.12 under COMAR 10.09.06 Adult Residential Substance Use Disorder Services. This action, which was proposed for adoption in 44:13 Md. R. 625—628 (June 23, 2017), has been adopted with the nonsubstantive changes shown below.

Effective Date: September 11, 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 .02B(9): In response to comments received, the Department added a definition for “certified counselors” in order to clarify the individuals who qualify as a certified counselor.

Regulation .02B(11): In response to comments received, the Department added a definition for “crisis intervention” in order to clarify what the Department means by the phrase when used in Regulation .04.

Regulation .03A: In response to comments received, the Department clarified that providers are held to COMAR 10.63.01.05 after April 1, 2018, which is when the previous regulations are repealed and 10.63 becomes effective for all Behavioral Health providers.

Regulation .04C(3)(a); .04C(6)(d)(iv); .04D(3)(a); .04D(6)(c)(iv); .04E(3)(a); .04E(6)(d)(iv); .04F(2)(a); .04F(3)(e)(iv): In response to comments received, the Department removed the word “certified” to align with the reality of the provider landscape in which peers are not required to be certified.

Regulation .04C(6)(d); .04D(6)(c); .04E(6)(d); .04F(3)(e): In response to comments received, the Department clarified that the multi-disciplinary team must be on-site.

Regulation .04C(6)(d)(iii); .04D(6)(c)(iii); .04E(6)(d)(iii); .04F(3)(e)(iii): In response to comments received, the Department clarified that certified counselors may be supervised by any counselor approved by the Board of Professional Counselors and Therapists as a supervisor.

Regulation .04E(6)(c): In response to comments received, the Department clarified that a registered nurse may perform the duties of the licensed practical nurse.

.02 Definitions.

A. (proposed text unchanged)

B. Terms Defined.

(1)(8) (proposed text unchanged)

(9) “Certified counselor” means a provider approved by the Board of Professional Counselors and Therapists under COMAR 10.58.

[[(9)]] (10) (proposed text unchanged)

(11) “Crisis intervention” means the methods used to offer short term immediate help to individuals who have experienced an event that produces mental, physical, emotional, and behavioral distress.

[[(10)]] (12)[[(27)]] (29) (proposed text unchanged)

.03 Licensure Requirements.

To participate in the Program, a provider shall:

A. Meet the license requirements stated in COMAR 10.09.36.02 and, after April 1, 2018, COMAR 10.63.01.05;

B.C. (proposed text unchanged)

.04 Conditions for Participation.

A.B. (proposed text unchanged)

C. A residential, medium intensity level 3.3 provider shall:

(1)(2) (proposed text unchanged)

(3) Coordinate aftercare services through:

(a) [[Certified peer]] Peer support; or

(b) (proposed text unchanged)

(4)(5) (proposed text unchanged)

(6) At a minimum, maintain the following staff:

(a)—(c) (proposed text unchanged)

(d) [[A]] An on-site multi-disciplinary team consisting of:

(i)(ii) (proposed text unchanged)

(iii) A certified counselor under direct supervision of a [[licensed]] counselor approved by the Board of Professional Counselors and Therapists as a supervisor; and

(iv) [[Certified peer]] Peer support staff.

D. A residential, high intensity level 3.5 provider shall:

(1)(2) (proposed text unchanged)

(3) Coordinate aftercare services through:

(a) [[Certified peer]] Peer support; or

(b) (proposed text unchanged)

(4)—(5) (proposed text unchanged)

(6) At a minimum, have the following staff:

(a)(b) (proposed text unchanged)

(c) [[A]] An on-site multi-disciplinary team consisting of:

(i)(ii) (proposed text unchanged)

(iii) Certified counselors under direct supervision of a [[licensed]] counselor approved by the Board of Professional Counselors and Therapists as a supervisor; and

(iv) [[Certified peer]] Peer support staff.

E. A residential, intensive level 3.7 provider shall:

(1)(2) (proposed text unchanged)

(3) Coordinate aftercare services through:

(a) [[Certified peer]] Peer support; or

(b) (proposed text unchanged)

(4)(5) (proposed text unchanged)

(6) At a minimum, have on staff a:

(a)(b) (proposed text unchanged)

[[(c) Registered nurse on-site 56 hours per week;

(d) Licensed practical nurse on-site 112 hours per week;]]

(c) Nurse on-site 168 hours per week, with a minimum of 56 hours provided by a registered nurse;

[[(e)]] (d) [[A]] On-site multi-disciplinary team consisting of:

(i)(ii) (proposed text unchanged)

(iii) Certified counselors under direct supervision of a [[licensed]] counselor approved by the Board of Professional Counselors and Therapists as a supervisor; and

(iv) [[Certified peer]] Peer support staff.

F. A withdrawal management service level 3.7-WM provider shall:

(1) (proposed text unchanged)

(2) Coordinate aftercare services through:

(a) [[Certified peer]] Peer support; or

(b) (proposed text unchanged)

(3) At a minimum, have on staff [[a]]:

(a) [[Physician]] A physician, nurse practitioner, or physician assistant on-site 20 hours per week and 4 hours on call;

(b) [[Psychiatrist]] A psychiatrist or psychiatric nurse practitioner available 8 hours per week;

(c) [[Registered]] A registered nurse on-site 56 hours per week;

(d) [[Licensed]] A licensed practical nurse on-site 112 hours per week; and

(e) [[Multi-disciplinary]] An on-site multi-disciplinary team consisting of:

(i)(ii) (proposed text unchanged)

(iii) Certified counselors under direct supervision of a [[licensed]] counselor approved by the Board of Professional Counselors and Therapists as a supervisor; and

(iv) [[Certified peer]] Peer support staff.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.18 Oxygen and Related Respiratory Equipment Services

Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and 15-129, Annotated Code of Maryland

Notice of Final Action

[17-164-F]

On August 17, 2017, the Secretary of Health adopted amendments to Regulations .04 and .05 under COMAR 10.09.18 Oxygen and Related Respiratory Equipment Services. This action, which was proposed for adoption in 44:13 Md. R. 628 (June 23, 2017), has been adopted as proposed.

Effective Date: September 11, 2017.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.24 Medical Assistance Eligibility

Authority: Estates and Trusts Article, §14.5-1002; Health-General Article, §§2-104(b), 2-105(b), 15-103, 15-105, 15-121, and 15-401—15-407; Annotated Code of Maryland

Notice of Final Action

[17-154-F]

On August 10, 2017, the Secretary of Health adopted amendments to Regulations .02 and .10 under COMAR 10.09.24 Medical Assistance Eligibility. This action, which was proposed for adoption in 44:12 Md. R. 591—592 (June 9, 2017), has been adopted as proposed.

Effective Date: September 11, 2017.

DENNIS SCHRADER
Secretary of Health

Title 14
INDEPENDENT AGENCIES

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

Notice of Final Action

[17-172-F]

On August 22, 2017, the Maryland State Commission on Criminal Sentencing Policy adopted amendments to:

(1) Regulations .02, .03, .10, and .17 under COMAR 14.22.01 General Regulations; and

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

This action, which was proposed for adoption in 44:14 Md. R. 675—684 (July 7, 2017), has been adopted as proposed.

Effective Date: October 1, 2017.

DAVID SOULÉ
Executive Director

 

Title 23
BOARD OF PUBLIC WORKS

Subtitle 03 PUBLIC SCHOOL CONSTRUCTION

23.03.02 Administration of the Public School Construction Program

Authority: Education Article, §§4-126, 5-112, and 5-301; State Finance and Procurement Article, §5-7B-07; Annotated Code of Maryland

Notice of Final Action

[17-151-F]

On August 16, 2017, the Board of Public Works adopted amendments to Regulations .11 and .12 under COMAR 23.03.02 Administration of the Public School Construction Program. This action, which was proposed for adoption in 44:12 Md. R. 600 (June 9, 2017), has been adopted as proposed.

Effective Date: September 11, 2017.

SHEILA MCDONALD
Executive Secretary

 

Title 36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

Subtitle 03 GAMING PROVISIONS

36.03.08 Collection of Taxes, Fees, and Penalties

Authority: State Government Article, §§9-1A-01, 9-1A-04, 9-1A-26, and
9-1A-33, Annotated Code of Maryland

Notice of Final Action

[17-179-F]

On August 22, 2017, the Maryland State Lottery and Gaming Control Agency adopted amendments to Regulations .01—.03 under COMAR 36.03.08 Collection of Taxes, Fees, and Penalties. This action, which was proposed for adoption in 44:14 Md. R. 688—689 (July 7, 2017), has been adopted as proposed.

Effective Date: September 11, 2017.

GORDON MEDENICA
Director

 


Proposed Action on Regulations

 


 



Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION

09.03.12 Foreclosure Procedures for Residential Property

Notice of Change to Opportunity for Public Comment

[17-197-P]

The Opportunity for Public Comment which appeared in 44:17 Md. R. 840 (August 18, 2017) has been changed. The corrected notice follows.

Opportunity for Public Comment

Comments may be sent to Jedd Bellman, Assistant Commissioner, Commissioner of Financial Regulation, 500 North Calvert Street, Suite 402, or call 410-230-6390, or email to jedd.bellman@maryland.gov, or fax to 410-333-0475. Comments will be accepted through October 1, 2017. A public hearing has not been scheduled.

 

NOTE: Appendix H-6, referenced in COMAR 09.03.12.08E, was inadvertently omitted from the above-referenced Notice of Proposed Action.

ANTONIO P. SALAZAR
Commissioner of Financial Regulation

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 14 MOTOR VEHICLE ADMINISTRATION—VEHICLE INSPECTIONS

11.14.08 Vehicle Emissions Inspection Program

Authority: Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303; Annotated Code of Maryland

Notice of Proposed Action

[17-234-P]

The Secretary of the Environment and the Administrator of the Motor Vehicle Administration jointly propose to amend Regulations .01, .03—.05, and .09 under COMAR 11.14.08 Vehicle Emissions Inspection Program. This action will be considered on October 3, 2017, at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720.

Statement of Purpose

The purpose of this action is to modernize and enhance the Vehicle Emissions Inspection Program (VEIP) to improve motorist convenience while minimizing the impact on air quality. This action delays the initial VEIP inspection date for new vehicles and exempts pre-on board diagnostics (OBD) light duty vehicles from inspection. These enhancements improve customer service, and allow Marylanders to benefit from recent air quality progress in the State. In addition, this action corrects an obsolete statutory reference and a typographical error.

Submission to EPA as a Revision to Maryland’s SIP

This action will be submitted to the U.S. Environmental Protection Agency as a State Implementation Plan Revision.

Regulation Amendments

The amendments delay the initial VEIP inspection for new vehicles by one year. Currently, new (not previously titled) vehicles undergo an inspection at two years of age. The amendments change the initial inspection date to at least 36 months after the vehicle’s model year.

The amendments also exempt pre-1996 model year light duty vehicles (cars and light trucks) from VEIP inspection. The OBD test is conducted on 1996 and newer light duty vehicles and 2008 and newer medium-heavy duty vehicles. The idle test and gas cap leak test will continue to be conducted on older and heavier vehicles.

 

Background

VEIP has been a cornerstone air quality program in Maryland for three decades. Several key programs and advancements in technology have resulted in cleaner air in Maryland since VEIP began in 1984. These recent improvements in air quality allow Maryland to move forward with the current customer service enhancements to the VEIP.

There have been several advancements in vehicle technology since the VEIP program started. New vehicle emissions standards have grown more stringent and VEIP testing methods have also grown more advanced. Today’s computerized OBD testing is much more thorough, while less complicated to perform than older test types.

Additionally, other key programs in Maryland have resulted in improvements in air quality. Maryland has implemented aggressive pollution controls on Maryland power plants, cars and trucks, and many other sources. There are also other emerging opportunities to further clean the air with electric vehicles and other technological advances on emissions controls for many other mobile sources.

 

Sources Affected and Location

Approximately 1.6 million vehicles are inspected in the VEIP annually. In 2018, it is expected that 208,571 new vehicles will be affected by the one year delay of the initial inspection, and a similar number in future years. An estimated 23,988 vehicles will be affected by the exemption of pre-1996 light duty vehicles. These vehicles are now over 20 years old and retiring from the vehicle population at a rapid rate.

 

Emissions

The air quality impact from delaying the initial inspection for new vehicles by one year is expected to be negligible. The exemption of pre-1996 light duty vehicles will result in an increase of less than 1 ton per day of volatile organic compounds, an effect that will quickly decrease to negligible over future years.

Comparison to Federal Standards

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

Estimate of Economic Impact

I. Summary of Economic Impact. This proposed action would delay the initial VEIP inspection of new vehicles by one year and exempt passenger vehicles and light duty trucks manufactured prior to model year 1996 from VEIP inspection. Based on the assumptions and information contained in this fiscal impact statement, the estimated economic impacts for fiscal year 2018 are: to MDOT/MVA, an estimated $2,159,143 net loss; and to the public, an estimated $2,249,868 cost savings. (See Section III for assumptions used in the fiscal impact calculations.) The cost savings to the public would continue annually thereafter under this regulation change.

The proposed action is not expected to have significant economic impact on any other entity.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

 

 

(1)

(E-)

90,725 (FY 18)

(2)

(R-)

$2,249,868

(FY 18)

B. On other State agencies:

(E-)

Minimal

C. On local governments:

(E-)

Minimal

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(-)

Minimal

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

$2,249,868

(FY 18)

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

A.(1) This proposal would have a small impact on MDOT/MVA expenditures in fiscal year 2018, in reduced credit card fees and postage costs.

(a) MDOT/MVA incurs credit card fees when a customer chooses to pay for their VEIP transaction with a credit card. The reduced number of emissions inspections administered under this action would reduce the credit card fees incurred by MDOT/MVA. Recent program data (2016) shows that credit card fees equate to 1.5% of all VEIP fees assessed (inspection and late fees). Based on a reduction in VEIP fees assessed of $2,249,868, the estimated reduction (savings) in credit card fees would be ($2,249,868 x 1.5%) = $33,748 in fiscal year 2018.

(b) MDOT/MVA currently incurs postage charges of $0.49 for each inspection notice mailed. The reduced number of VEIP inspections as result of this action would reduce the number of notices mailed. It is estimated that in fiscal year 2018, there would be 208,571 vehicles of the third newest model year, and 23,988 pre-1996 model year passenger vehicles and light duty trucks, for a total of 232,559 vehicles. Therefore, postage charges would be reduced by (232,559 vehicles x $0.49) x 50% (January 1, 2018 effective date) = $56,977 (savings) in fiscal year 2018.

In summary, fiscal year 2018 cost savings to the MDOT/MVA from this action are estimated at ($33,748 + $56,977) = $90,725.

NOTE: Modest cost savings associated with supplies/materials would also result from this proposal. However, these cost savings would be minimal in nature.

A(2). Based on an analysis of current statistical data, it is estimated that in fiscal year 2018, there would be 208,571 vehicles of the third newest model year, and 23,988 pre-1996 model year passenger vehicles and light duty trucks, for a total of 232,559 vehicles. The inspection fees are $14 at the VEIP inspection station and $10 at the VEIP self-service kiosk. Current data as of February 2017 shows that 98% of vehicle inspections are conducted at the VEIP stations, and 2% are conducted at the kiosks. VEIP program statistics (2016) show that late fee revenue is equivalent to approximately 39% of inspection fee revenue. The estimated revenue impact (loss) in fiscal year 2018 to MDOT/MVA from the reduction in inspection/late fees is calculated as follows:

(a) VEIP station inspection fee revenue loss: (232,559 vehicles x 98% x $14) x 50% (January 1, 2018 effective date) = $1,595,354

(b) VEIP kiosk inspection fee revenue loss: (232,559 vehicles x 2% x $10) x 50% (January 1, 2018 effective date) = $23,256

Subtotal of a + b = $1,618,610

(c) Late fee revenue loss: ($1,618,610 x 39%) = $631,258

(d) Total fiscal year 2018 revenue loss from this action: ($1,618,610 + $631,258) = $2,249,868.

A similar effect on MDOT/MVA revenues is expected in future years.

B. Other State agencies and local governments would experience minimal reductions in costs due to the reduced number of vehicles they must have inspected.

C. Other State agencies and local governments would experience minimal reductions in costs due to the reduced number of vehicles they must have inspected.

D. There would be minimal impact on automotive repair facilities that are Certified Emissions Repair Facilities (CERFs) due to lost income from potentially fewer motorists seeking emissions-related repairs.

F. Based on the assumptions and calculations included in part A, above, the public would realize estimated cost savings of $2,249,868 in fiscal year 2018 through reductions in VEIP inspection/late fees paid.

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

The Department of the Environment and the Motor Vehicle Administration will hold a public hearing on the proposed action on October 3, 2017 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. Interested persons are invited to attend and express their views. Comments must be received by 5 pm on October 3, 2017 or submitted at the hearing. For more information or to submit comments, contact Ms. Marcia Ways, Mobile Sources Control Program Manager, Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230-1720; telephone (410) 537-3270; email marcia.ways@maryland.gov; fax (410) 537-4435.

Copies of the proposed action and supporting documents are available for review at the Department of the Environment’s website at http://www.mde.state.md.us/programs/regulations/air/Pages/reqcomments.aspx and the Air and Radiation Management Administration, 1800 Washington Blvd, Baltimore, MD 21230.

Persons needing special accommodations at the public hearing should contact the Department's Fair Practices Office at (410) 537-3964. TTY users may contact the Department through the Maryland Relay Service at 1-800-735-2258.

Open Meeting

Final action on the proposal will be considered by The Department of the Environment and the Motor Vehicle Administration during a public meeting to be held on October 3, 2017 at 10 a.m., at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720.

.01 Scope and Applicability.

A. (text unchanged)

B. Applicability.

(1) (text unchanged)

(2) Table 1. Test Procedure Applicability.

 

Gross Vehicle Weight (pounds)

Vehicle Model Year

Test Type

(a)

8,500 and under

[1977—1995

Idle exhaust emissions test, catalytic converter check, and gas cap leak test]

1996 and newer

On-board diagnostics test

(b)—(c) (text unchanged)

 

.03 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(29) (text unchanged)

(30) "Qualified hybrid vehicle" has the meaning stated in Transportation Article, [§13-815(a)] §23-202(b)(3)(i), Annotated Code of Maryland.

(31)—(40) (text unchanged)

.04 Exemptions.

A. (text unchanged)

B. Exempt vehicles include the following vehicles:

(1)—(15) (text unchanged)

(16) Of a model year earlier than 1977; [or]

(17) Of a gross vehicle weight of 8,500 pounds or less and a model year earlier than 1996; or

[(17)] (18) (text unchanged)

.05 Schedule of the Program.

A. (text unchanged)

B. Schedule for Vehicle Inspection.

(1)—(3) (text unchanged)

(4) New Vehicles.

(a) Qualified Hybrid Vehicles. On or after October 1, 2012, for a qualified hybrid vehicle of the current or preceding model year that has not been previously titled or registered in any jurisdiction and for which the ownership document is a manufacturer's certificate of origin, the Administration shall assign a date of scheduled inspection which is [a] at least 36 months after the model year of the vehicle.

(b) Except as required in §B(4)(a) of this regulation, for a vehicle of the current or preceding model year that has not been previously titled or registered in any jurisdiction and for which the ownership document is a manufacturer's certificate of origin, the Administration shall assign a date of scheduled inspection which is at least [24] 36 months after the model year of the vehicle.

(5)—(8) (text unchanged)

C.—F. (text unchanged)

.09 Test Standards.

A. Idle Exhaust Emissions Test.

(1) (text unchanged)

(2) Hydrocarbon (HC) and carbon monoxide (CO) emissions may not exceed the following values:

[(a) Table 2. Gross vehicle weight less than or equal to 6,000 pounds.]

(table proposed for repeal)

[(b)] (a) [Table 3] Table 2. Gross vehicle weight greater than [6,000] 8,500 pounds but less than or equal to 10,000 pounds.

(table unchanged)

[(c)] (b) [Table 4] Table 3. Gross vehicle weight greater than 10,000 pounds:

(table unchanged)

B.—D. (text unchanged)

CHRISTINE NIZER
Administrator
Motor Vehicle Administration

BENJAMIN H. GRUMBLES
Secretary
Maryland Department of the Environment

 

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 04 SPECIFIC SUBJECTS

13A.04.16 Programs in Fine Arts

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

Notice of Proposed Action

[17-230-P]

The Maryland State Board of Education proposes to repeal Regulations .01 and .02 and adopt new Regulations .01—.03 under COMAR 13A.04.16 Programs in Fine Arts. This action was considered by the State Board of Education at their meeting held on June 27, 2017.

Statement of Purpose

The purpose of this action is to incorporate the new National Core Arts Standards that focus on the artistic process of creating, presenting, responding, and connecting.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. Additional requirements for Fine Arts education that could potentially require additional staff include: (1) the addition of Prekindergarten in the curricular sequence; and (2) programs that encompass all five arts disciplines (dance, media arts, music, theatre, and visual art).

 

 

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:

(E+)

Unknown

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

 

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

C. Local school systems may reappropriate fine arts staffing and/or phase in possible additional instructional positions in one or more art forms.

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 Susan C. Spinnato, Director of Instructional Programs, Maryland State Department of Education, Division of Curriculum, Research, Assessment, and Accountability, 200 West Baltimore Street, Baltimore, Maryland 21201, or call 410-767-0349 (TTY 410-333-6442), or email to susan.spinnato@maryland.gov, or fax to 410-333-1146. Comments will be accepted through October 2, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on October 24, 2017, 9 a.m., at 200 West Baltimore Street, Baltimore, Maryland 21201.

.01 Requirements for Fine Arts (Dance, Media Arts, Music, Theatre, Visual Art) Instructional Programs for Grades Prekindergarten—12.

A. Each local school system shall:

(1) Provide an instructional program in fine arts each year for all students in grades prekindergarten—8 as follows:

(a) Within the prekindergarten—5 grade span, students shall have experiences in the fine art forms of dance, media arts, music, theatre, and visual art; and

(b) Within grades 6—8, students may specialize in one or more of the fine art forms of dance, media arts, music, theatre, and visual art; and

(2) Provide an instructional program that enables all students in grades 9—12 to meet graduation requirements, and to select from among fine arts elective courses of dance, media arts, music, theatre, and visual art that will prepare them for post-secondary education and careers.

B. Maryland Fine Arts Program. The school system must allot dedicated time in the instructional program aligned to the content standards set forth in §C of this regulation and must adhere to the Universal Design for Learning (UDL) principles to maximize learning opportunities for all diverse learners, including students with disabilities, students who are English learners, and students who are gifted and talented.  UDL shall guide local school systems in the development of curriculum, instructional planning, instructional delivery, material selection, and assessment.

C. Content Standards.  Students shall demonstrate the ability to:

(1) Generate and conceptualize artistic ideas and work;

(2) Organize and develop artistic ideas and work;

(3) Refine and complete artistic work;

(4) Analyze, interpret, and select artistic work for presentation;

(5) Develop and refine artistic work for presentation;

(6) Convey meaning through the presentation of artistic work;

(7) Perceive and analyze artistic work;

(8) Interpret intent and meaning in artistic work;

(9) Apply criteria to evaluate artistic work;

(10) Synthesize and relate knowledge and personal experiences to make art; and

(11) Relate artistic ideas and works with societal, cultural, and historical context to deepen understanding.

D. Curriculum Guides. Consistent with Education Article, §4-111, Annotated Code of Maryland, each local school system shall use fine arts curriculum documents in each of the fine arts disciplines for the elementary and secondary schools under its jurisdiction that:

(1) Include the content standards described in §C of this regulation; and

(2) Align with the Maryland State Standards for the Fine Arts for grades prekindergarten—12 as developed by the Maryland State Department of Education in collaboration with local school systems and in alignment with the National Core Arts Standards.

E. Student Participation. Each student shall participate in the fine arts instructional programs required by this chapter.

 

.02 Fine Arts Education Advisory Panel.

The State Superintendent of Schools shall maintain a Fine Arts Education Advisory Panel that shall advise the Superintendent on issues and best practices relevant to fine arts education for students in Maryland.

 

.03 Certification Procedures.

A. Beginning September 1, 2019, and each 5 years after that, each local superintendent of schools shall certify to the State Superintendent of Schools that the instructional programming within grades prekindergarten—12 meets, at a minimum, the requirements set forth in Regulation .01 of this chapter. 

B. Each local school system shall report annually their goals, objectives, and strategies regarding the implementation of fine arts instructional programming and methods for measuring progress.

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Title 14
INDEPENDENT AGENCIES

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

14.22.02 Criminal Offenses and Seriousness Categories

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

Notice of Proposed Action

[17-232-P]

The Maryland State Commission on Criminal Sentencing Policy proposes to amend Regulation .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories. This action was considered by the Maryland State Commission on Criminal Sentencing Policy at an open meeting held on July 11, 2017, notice of which was given by publication in 44:13 Md. R. 642 (June 23, 2017) pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to indicate modifications to the table of seriousness categories (guidelines offense table) under COMAR 14.22.02.02. The proposed revisions include:

(1) The addition of methamphetamine as an example of a Schedule I through V non-narcotic drug;

(2) Classification of new and or amended offenses passed during the 2017 Legislative Session;

(3) Updates to the statutory code source for motor vehicle offenses pursuant to the recodification of these laws in S.B. 165, Ch. 55, Acts of 2017; and

(4) Other minor edits to the table.

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 David Soule, Executive Director, Maryland State Commission on Criminal Sentencing Policy, 4511 Knox Rd, Suite 309, College Park, MD 20740, or call 301-403-4165, or email to dsoule@umd.edu, or fax to 301-403-4164. Comments will be accepted through October 2, 2017. A public hearing has not been scheduled.


.02 Seriousness Categories.

 

Offense Literal

CJIS

Code

Source

Felony or

Misd.

Max

Term

Min

Term

Offense Type

Ser.

Category

Fine

1—36-4  (text unchanged)

37

Bribery

Bribery to or by public officer

1-5101

1-5103

Common law;

CR, §9-201

Misd.

12Y

2Y

Property

V

[$100—

$5,000]

$1,000—

$10,000

38—41  (text unchanged)

41-1

Burglary and Related Crimes

Home invasion

1-1338

CR, §6-202(d)

Felony

25Y

 

Person

III

 

42—53  (text unchanged)

53-1

CDS and Paraphernalia

Knowingly violated CR, §5-602 with a mixture of heroin and fentanyl or any analogue of fentanyl; or fentanyl or any analogue of fentanyl

 

CR, §5-608.1

Felony

10Y

 

Drug

IIIC

 

54—58-1  (text unchanged)

59

CDS and Paraphernalia

Unlawful distribution, manufacture, etc.; counterfeiting, etc.; manufacture, possession, etc., of certain equipment for illegal use; keeping common nuisance, Schedules I through V non-narcotics (e.g., amphetamines, methamphetamine, marijuana, synthetic marijuana, diazepam, MDMA under 750 grams, and Valium) and buprenorphine

1-0233

1-0234

1-0235

1-0236

1-0237

1-0238

1-0239

1-0660

2-3550

CR, §5-607(a)

Felony

5Y

 

Drug

IV

$15,000

60—243-1  (text unchanged)

243-2

Manslaughter and Related Crimes

Negligent homicide by motor vehicle or vessel while impaired by alcohol, [drugs, or CDS,] 1st offense

1-0693

[1-0755]

[1-0760]

CR, §2-504(c)(1)

[CR, §2-505(c)(1)]

[CR, §2-506(c)(1)]

Felony

3Y

 

Person

VI

$5,000

243-3

Manslaughter and Related Crimes

Negligent homicide by motor vehicle or vessel while impaired by alcohol, subsequent

 

CR, §2-504(c)(2)

Felony

5Y

 

Person

V

$10,000

243-4

Manslaughter and Related Crimes

Negligent homicide by motor vehicle or vessel while impaired by drugs, 1st offense

1-0755

CR, §2-505(c)(1)

Felony

3Y

 

Person

VI

$5,000

243-5

Manslaughter and Related Crimes

Negligent homicide by motor vehicle or vessel while impaired by drugs, subsequent

 

CR, §2-505(c)(2)

Felony

5Y

 

Person

V

$10,000

243-6

Manslaughter and Related Crimes

Negligent homicide by motor vehicle or vessel while impaired by CDS, 1st offense

 

CR, §2-506(c)(1)

Felony

5Y

 

Person

V

$5,000

244

Manslaughter and Related Crimes

Negligent homicide by motor vehicle or vessel while impaired by [alcohol, drugs, or] CDS, subsequent

 

[CR, §2-504(c)(2)]

[CR, §2-505(c)(2)]

CR, §2-506(c)(2)

Felony

[5Y]

10Y

 

Person

[V]

IV

$10,000

244-1—244-2  (text unchanged)

244-3

Motor Vehicle Offense

Driving while impaired by alcohol, 1st offense

 

[TR, §27-101(c)(23),]

TR, §21-902(b)(1)(ii)(1)

Misd.

2M

 

Person

VII

$500

244-4

Motor Vehicle Offense

Driving while impaired by alcohol, 2nd offense

 

[TR, §27-101(f)(1)(ii),]

TR, §21-902(b)(1)(ii)(2)

Misd.

1Y

 

Person

VII

$500

244-5

Motor Vehicle Offense

Driving while impaired by alcohol, 3rd or subsequent offense

 

[TR, §27-101(f)(2),]

TR, §21-902(b)(1)(ii)(3)

Misd.

3Y

 

Person

V

$3,000

245

Motor Vehicle Offense

Driving while impaired by alcohol, while transporting a minor, 1st offense

 

[TR, §27-101(q)(2)(i),]

TR, §21-902(b)(2)(ii)(1)

Misd.

6M

 

Person

VII

$1,000

245-1

Motor Vehicle Offense

Driving while impaired by alcohol, while transporting a minor, 2nd offense

 

[TR, §27-101(q)(2)(ii),]

TR, §21-902(b)(2)(ii)(2)

Misd.

1Y

 

Person

VII

$2,000

245-2

Motor Vehicle Offense

Driving while impaired by alcohol, while transporting a minor, 3rd or subsequent offense

 

[TR, §27-101(q)(2)(iii),]

TR, §21-902(b)(2)(ii)(3)

Misd.

4Y

 

Person

V

$4,000

245-3

Motor Vehicle Offense

Driving while impaired by drugs or drugs and alcohol, 1st offense

 

[TR, §27-101(c)(24),]

TR, §21-902(c)(1)(ii)(1)

Misd.

2M

 

Person

VII

$500

245-4

Motor Vehicle Offense

Driving while impaired by drugs or drugs and alcohol, 2nd offense

 

[TR, §27-101(f)(1)(ii),]

TR, §21-902(c)(1)(ii)(2)

Misd.

1Y

 

Person

VII

$500

245-5

Motor Vehicle Offense

Driving while impaired by drugs or drugs and alcohol, 3rd or subsequent offense

 

[TR, §27-101(f)(2),]

TR, §21-902(c)(1)(ii)(3)

Misd.

3Y

 

Person

V

$3,000

245-6

Motor Vehicle Offense

Driving while impaired by drugs or drugs and alcohol, while transporting a minor, 1st offense

 

[TR, §27-101(q)(2)(i),]

TR, §21-902(c)(2)(ii)(1)

Misd.

6M

 

Person

VII

$1,000

245-7

Motor Vehicle Offense

Driving while impaired by drugs or drugs and alcohol, while transporting a minor, 2nd offense

 

[TR, §27-101(q)(2)(ii),]

TR, §21-902(c)(2)(ii)(2)

Misd.

1Y

 

Person

VII

$2,000

245-8

Motor Vehicle Offense

Driving while impaired by drugs or drugs and alcohol, while transporting a minor, 3rd or subsequent offense

 

[TR, §27-101(q)(2)(iii),]

TR, §21-902(c)(2)(ii)(3)

Misd.

4Y

 

Person

V

$4,000

245-9

Motor Vehicle Offense

Driving while impaired by controlled dangerous substance, 1st offense

 

[TR, §27-101(k)(1)(i),]

TR, §21-902(d)(1)(ii)(1)

Misd.

1Y

 

Person

VII

$1,000

245-10

Motor Vehicle Offense

Driving while impaired by controlled dangerous substance, 2nd offense

 

[TR, §27-101(k)(1)(ii),]

TR, §21-902(d)(1)(ii)(2)[,]

TR, §21-902(f)(3)(i)

[TR, §27-101(j)(3)(i)]

Misd.

2Y

[within] Within 5 years of prior conviction—MM 5 days

Person

VI

$2,000

245-11

Motor Vehicle Offense

Driving while impaired by controlled dangerous substance, 3rd or subsequent offense

 

[TR, §27-101(k)(1)(iii),]

TR, §21-902(d)(1)(ii)(3)[,]

TR, §21-902(f)(3)(ii)

[TR, §27-101(j)(3)(ii)]

Misd.

3Y

[within] Within 5 years of prior conviction—MM 10 days

Person

V

$3,000

245-12

Motor Vehicle Offense

Driving while impaired by controlled dangerous substance, while transporting a minor, 1st offense

 

[TR, §27-101(q)(1)(i),]

TR, §21-902(d)(2)(ii)(1)

Misd.

2Y

 

Person

VI

$2,000

245-13

Motor Vehicle Offense

Driving while impaired by controlled dangerous substance, while transporting a minor, 2nd offense

 

[TR, §27-101(q)(1)(ii),]

TR, §21-902(d)(2)(ii)(2)[,]

TR, §21-902(f)(3)(i)

[TR, §27-101(j)(3)(i)]

Misd.

3Y

[within] Within 5 years of prior conviction—MM 5 days

Person

V

$3,000

245-14

Motor Vehicle Offense

Driving while impaired by controlled dangerous substance, while transporting a minor,

3rd or subsequent offense

 

[TR, §27-101(q)(1)(iii),]

TR, §21-902(d)(2)(ii)(3)[,]

TR, §21-902(f)(3)(ii)

[TR, §27-101(j)(3)(ii)]

Misd.

4Y

[within] Within 5 years of prior conviction—MM 10 days

Person

V

$4,000

245-15

Motor Vehicle Offense

Driving while under the influence of alcohol,

1st offense

 

[TR, §27-101(k)(1)(i),]

TR, §21-902(a)(1)(iii)(1)

Misd.

1Y

 

Person

VII

$1,000

245-16

Motor Vehicle Offense

Driving while under the influence of alcohol,

2nd offense

 

[TR, §27-101(k)(1)(ii),]

TR, §21-902(a)(1)(iii)(2)[,]

TR, §21-902(f)(2)(i)

[TR, §27-101(j)(2)(i)]

Misd.

2Y

Within 5 years of prior conviction—MM 5 days

Person

VI

$2,000

245-17

Motor Vehicle Offense

Driving while under the influence of alcohol,

3rd or subsequent offense

 

[TR, §27-101(k)(1)(iii),]

TR, §21-902(a)(1)(iii)(3)[,]

TR, §21-902(f)(2)(ii)

[TR, §27-101(j)(2)(ii)]

Misd.

3Y

Within 5 years of prior conviction—MM 10 days

Person

V

$3,000

245-18

Motor Vehicle Offense

Driving while under the influence of alcohol, while transporting a minor, 1st offense

 

[TR, §27-101(q)(1)(i),]

TR, §21-902(a)(2)(ii)(1)

Misd.

2Y

 

Person

VI

$2,000

245-19

Motor Vehicle Offense

Driving while under the influence of alcohol, while transporting a minor, 2nd offense

 

[TR, §27-101(q)(1)(ii),]

TR, §21-902(a)(2)(ii)(2)[,]

TR, §21-902(f)(2)(i)

[TR, §27-101(j)(2)(i)]

Misd.

3Y

Within 5 years of prior conviction—MM 5 days

Person

V

$3,000

245-20

Motor Vehicle Offense

Driving while under the influence of alcohol, while transporting a minor, 3rdor subsequent offense

 

[TR, §27-101(q)(1)(iii),]

TR, §21-902(a)(2)(ii)(3)[,]

TR, §21-902(f)(2)(ii)

[TR, §27-101(j)(2)(ii)]

Misd.

4Y

Within 5 years of prior conviction—MM 10 days

Person

V

$4,000

246

Motor Vehicle Offense

Fleeing or eluding police, 1st offense

 

[TR, §27-101(p)(1)(i),]

TR, §21-904(f)(1)(i)

Misd.

1Y

 

Person

VII

$1,000

247

Motor Vehicle Offense

Fleeing or eluding police, subsequent

 

[TR, §27-101(p)(1)(ii),]

TR, §21-904(f)(1)(ii)

Misd.

2Y

 

Person

VI

$1,000

248

Motor Vehicle Offense

Fleeing or eluding police that results in bodily injury to another person

 

[TR, §27-101(p)(2)]

TR, §21-904(d)(1), (f)(2)

Misd.

3Y

 

Person

V

$5,000

249

Motor Vehicle Offense

Fleeing or eluding police that results in death of another person

 

[TR, §27-101(p)(3)]

[TR, §21-904(d)(2)]

TR, §21-904(f)(3)

Misd.

10Y

 

Person

IV

$5,000

250

Motor Vehicle Offense

Fleeing or eluding police attempting to apprehend driver for commission of crime of violence

 

[TR, §27-101(p)(4)]

TR, §21-904(e), (f)(2)

Misd.

3Y

 

Person

V

$5,000

250-1

Motor Vehicle Offense

Driver failing to remain at scene of accident that results only in damage to attended vehicle or property

 

[TR, §27-101(c)(15)]

TR, §20-103

Misd.

2M

 

Property

VII

$500

251

Motor Vehicle Offense

Driver failing to remain at scene of accident that results in bodily injury to another person

 

[TR, §27-101(o)(1)]

[TR, §20-102(a)]

TR, §20-102(c)(2)(i)

Misd.

1Y

 

Person

VII

$3,000

252

Motor Vehicle Offense

Driver failing to remain at scene of accident that results in death of another person

 

[TR, §27-101(o)(2)]

[TR, §20-102(b)]

TR, §20-102(c)(2)(ii)

Misd.

5Y

 

Person

V

$5,000

253

Motor Vehicle Offense

Driver failing to remain at scene of accident with knowledge of serious bodily injury to another person

 

[TR, §27-113(b)]

TR, §20-102(c)(3)(i)

Felony

5Y

 

Person

V

$5,000

254

Motor Vehicle Offense

Driver failing to remain at scene of accident with knowledge of death of another person

 

[TR, §27-113(c)]

TR, §20-102(c)(3)(ii)

Felony

10Y

 

Person

IV

$10,000

254-1

Motor Vehicle Offense

Commit or engage another to commit a violation of motor vehicle law for the purpose of recording the violation without permission

 

[TR, §27-101(z)]

TR, §21-1126

Misd.

1Y

 

Person

VII

$1,000

254-2

Motor Vehicle Offense

Use of text messaging device or handheld telephone while driving that causes an accident resulting in death or serious bodily injury

 

[TR, §27-115]

TR, §21-1124.3

Misd.

1Y

 

Person

VII

$5,000

255

Motor Vehicle Offense

Violation of ignition interlock system participation requirements, 1st offense

 

[TR, §27-101(h)(1)]

[TR, §16-113(k)]

TR, §16-113(l)(2)(i)

Misd.

1Y

 

Property

VII

$1,000

256

Motor Vehicle Offense

Violation of ignition interlock system participation requirements, subsequent

 

[TR, §27-101(h)(2)]

[TR, §16-113(k)]

TR, §16-113(l)(2)(ii)

Misd.

2Y

 

Property

VI

$1,000

256-1

Motor Vehicle Offense

Driving without having been issued a license, 1stoffense

 

[TR, §27-101(y)(1)]

TR, §16-101(c)(1)

Misd.

60D

 

Property

VII

$500

257

Motor Vehicle Offense

Driving without having been issued a license, subsequent

 

[TR, §27-101(y)(2)]

TR, §16-101(c)(2)

Misd.

1Y

 

Property

VII

$500

258

Motor Vehicle Offense

Driving while license is refused, canceled, suspended, or revoked, 1st offense

 

[TR, §27-101(h)(1)]

[TR, §16-303(a)-(g)]

TR, §16-303(k)(1)(i)

Misd.

1Y

 

Property

VII

$1,000

258-1

Motor Vehicle Offense

Driving while license is refused, canceled, suspended, or revoked, subsequent

 

[TR, §27-101(h)(2)]

[TR, §16-303(a)—(g)]

TR, §16-303(k)(1)(ii)

Misd.

2Y

 

Property

VI

$1,000

259

Motor Vehicle Offense

Driving commercial motor vehicle while license is refused, canceled, suspended, or revoked

 

[TR, §27-101(s)(1)]

[TR, §16-808(a)]

TR, §16-808(d)(1)

Misd.

5Y

 

Property

VI

$10,000

260

Motor Vehicle Offense

Driver of commercial vehicle not in possession of license, 1st offense

 

[TR, §27-101 (s)(2)(i)]

[TR, §16-808(c)]

TR, §16-808(d)(2)(i)

Misd.

6M

 

Property

VII

$1,000

261

Motor Vehicle Offense

Driver of commercial vehicle not in possession of license, 2nd offense

 

[TR, §27-101 (s)(2)(ii)]

[TR, §16-808(c)]

TR, §16-808(d)(2)(ii)

Misd.

1Y

 

Property

VII

$2,000

262

Motor Vehicle Offense

Driver of commercial vehicle not in possession of license, 3rd or subsequent offense

 

[TR, §27-101 (s)(2)(iii)]

[TR, §16-808(c)]

TR, §16-808(d)(2)(iii)

Misd.

2Y

 

Property

VI

$3,000

263

Motor Vehicle Offense

Obtaining commercial driver's license by misrepresentation

 

[TR, §27-101(s)(3)]

TR, §16-813.1

Misd.

5Y

 

Property

VI

$10,000

264

Motor Vehicle Offense

Providing false evidence of required security, 1stoffense

1-1298

[TR, §27-101(h)(1)]

TR, §17-110(b)(1)

Misd.

1Y

 

Property

VII

$1,000

265

Motor Vehicle Offense

Providing false evidence of required security, subsequent

 

[TR, §27-101(h)(2)]

TR, §17-110(b)(2)

Misd.

2Y

 

Property

VI

$1,000

266

Motor Vehicle Offense

Drive vehicle or permit another to drive vehicle knowing that vehicle is not covered by the required security, 1st offense

 

[TR, §27-101(h)(1)]

TR, §17-107(d)(1)

Misd.

1Y

 

Property

VII

$1,000

267

Motor Vehicle Offense

Drive vehicle or permit another to drive vehicle knowing that vehicle is not covered by the required security, subsequent

 

[TR, §27-101(h)(2)]

TR, §17-107(d)(2)

Misd.

2Y

 

Property

VI

$1,000

267-1  (text unchanged)

268

Motor Vehicle Offense

Possession of motor vehicle master key

 

[TR, §27-101(f)(1)(i)]

TR, §14-103

Misd.

1Y

 

Property

VII

$500

268-1

Motor Vehicle Offense

Conduct the business of a vehicle dealer without a license

 

[TR, § 27-101(v)]

TR, §15-302

Misd.

1Y

 

Property

VII

$5,000

268-2

Motor Vehicle Offense

Conduct the business of an automotive dismantler and recycler or a scrap processor without a license, subsequent

 

[TR, § 27-101(i)(2)]

[TR, §15-502(a)]

TR, §15-502(e)(2)

Misd.

1Y

 

Property

VII

$2,000

268-3

Motor Vehicle Offense

Act as a vehicle salesman without a license, subsequent

 

[TR, § 27-101(i)(2)]

TR, §15-402(c)(2)

Misd.

1Y

 

Property

VII

$2,000

268-4

Motor Vehicle Offense

Transportation of hazardous materials, subsequent

 

[TR, §27-101(e)(2)]

TR, §21-1411(d)(2)

Misd.

1Y

 

Property

VII

$2,000

268-5—348-3  (text unchanged)

349

Sexual Crimes

Sex Offense, 1st degree (offense date prior to October 1, 2017)

2-1102

CR, §3-305(d)(1)

Felony

LIFE ♦

 

Person

I

 

349-1

Sexual Crimes

Sex Offense, 1st degree, in conjunction with kidnapping child younger than 16 years old (offense date prior to October 1, 2017)

2-1102

CR, §3-305(d)(2)

Felony

LIFE without Parole ♦

 

Person

I

 

349-2

Sexual Crimes

Sex Offense, 1st degree, subsequent (offense date prior to October 1, 2017)

2-1102

CR, §3-305(d)(3)

Felony

LIFE without Parole ♦

 

Person

I

 

349-3

Sexual Crimes

Sex Offense, 1st degree, adult offender with victim younger than 13 years old (offense date prior to October 1, 2017)

2-1102

CR, §3-305(d)(4)

Felony

LIFE without Parole ♦

MM*=25Y

Person

I

 

350  (text unchanged)

351

Sexual Crimes

Attempted sexual offense, 1st degree (offense date prior to October 1, 2017)

2-1125

CR, §3-311(a)

Felony

LIFE ♦

 

Person

II

 

352—352-1  (text unchanged)

353

Sexual Crimes

Sex Offense, 2nd degree (offense date prior to October 1, 2017)

2-3600

CR, §3-306(c)(1)

Felony

20Y ♦

 

Person

II

 

353-1

Sexual Crimes

Sex Offense, 2nd degree, adult offender with victim younger than 13 years old (offense date prior to October 1, 2017)

2-3600

CR, §3-306(c)(2)

Felony

LIFE ♦

MM*=15Y

Person

II

 

354  (text unchanged)

355

Sexual Crimes

Attempted sexual offense, 2nd degree (offense date prior to October 1, 2017)

2-1115

CR, §3-312(a)

Felony

20Y ♦

 

Person

III

 

356—420  (text unchanged)

 

Footnotes  (text unchanged)

General Rules:  (text unchanged)

DAVID SOULE
Executive Director

 

 

 


Subtitle 28 CANAL PLACE PRESERVATION AND DEVELOPMENT AUTHORITY

Notice of Proposed Action

[17-231-P]

The Canal Place Preservation and Development Authority (CPPDA) proposes to repeal:

(1) Regulations .01—.14 under COMAR 14.28.02 Public Information Requests; and

(2) Regulations .01—.07 under COMAR 14.28.07 State Economic Growth, Resource Protection, and Planning Policy Project Review.

Statement of Purpose

The purpose of this action is to:

(1) Repeal the CPPDA’s regulations implementing Maryland’s Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland (the PIA), which were first adopted by the CPPDA in 1995 and have never been modified. The PIA establishes when and how State agencies must, upon request, release public records. Numerous statutory changes to the PIA since 1995 have rendered the CPPDA’s regulations obsolete. There is now sufficient specificity in the statutory law and the CPPDA no longer needs implementing regulations.

(2) Repeal regulations, originally adopted in 1995, which were directed by a 1992 Executive Order, E.O. 01.01.1992.27, that implemented the Economic Growth, Resource Protection and Planning Act of 1992, State Finance and Procurement Article, Title 5, Subtitle 7A, Annotated Code of Maryland (the Planning Act). The Planning Act sought to organize and direct comprehensive planning and regulate the funding of State and local projects towards and in furtherance of specific economic growth and resource protection policies. The 1992 Executive Order established that State agencies were to adopt procedures for evaluating whether projects undertaken by the agency were consistent the State’s growth policies and the local comprehensive plans. However, only a handful of agencies ever adopted regulations as called for in the Executive Order. The body established within the Department of Planning for conducting Planning Act reviews effectively dissolved in the mid-1990s, and the purposes of the Planning Act were subsequently overtaken and largely rendered obsolete through enactment in the late-1990s of the Priority Funding Act. On March 25, 2016, the Governor rescinded the 1992 Executive Order. (See E.O. 01.01.2016.06.) As such, the CPPDA’s regulations, as required by the now-rescinded 1992 Executive Order, have no utility and should be repealed.

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 Paul J. Cucuzzella, Counsel, Canal Place Preservation and Development Authority, Office of the Attorney General/Maryland Department of Planning, 301 W. Preston St., 11th Floor, Baltimore, Maryland 21201, or call 410-767-1409, or email to paul.cucuzzella@maryland.gov, or fax to 410-697-9566. Comments will be accepted through October 2, 2017. A public hearing has not been scheduled.

DEIDRA L. RITCHIE
Executive Director
Canal Place Preservation and Development Authority

 

Title 31
MARYLAND INSURANCE ADMINISTRATION

Notice of Proposed Action

[17-229-P]

The Insurance Commissioner proposes to:

(1) Amend Regulation .03 under COMAR 31.08.14 Coverage for Loss Caused by Water That Backs Up Through Sewers or Drains;

(2) Adopt new Regulations .01—.03 under a new chapter, COMAR 31.08.18 Homeowner's Insurance Notice; and

(3) Amend Regulation .04 under COMAR 31.15.10 Homeowner's Insurance and Private Passenger Motor Vehicle Insurance — Standards for Cancellation and Nonrenewal.

Statement of Purpose

The purpose of this action is to amend COMAR 31.08.14.03 to add a qualification that the notice required by the regulation can be met by using the newly created form under COMAR 31.08.18.02. This action also adds new COMAR 31.08.18.01—.03 to provide the new form that insurers may use to meet the homeowner's insurance notice requirement. During the 2017 session, Ch. 123, Acts of 2017, was enacted to allow insurers to meet the requirements of Insurance Article, §§19-202, 19-210, 19-214, 19-216, and 27-501(n)(2), Annotated Code of Maryland, by using this new form. Finally, this action also amends COMAR 31.15.10.04 to allow insurers to meet the disclosure requirement by using the newly created form under COMAR 31.08.18.02.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Lisa Larson, Regulations Manager, Maryland Insurance Administration, 200 St. Paul Place, Suite 2700, Baltimore, MD 21202, or call 410-468-2007, or email to insuranceregreview.mia@maryland.gov, or fax to 410-468-2020. Comments will be accepted through October 2, 2017. A public hearing has not been scheduled.

 

Subtitle 08 PROPERTY AND CASUALTY INSURANCE

31.08.14 Coverage for Loss Caused by Water That Backs Up Through Sewers or Drains

Authority: Insurance Article, §§2-109, [and] 19-202, and 19-216(d), Annotated Code of Maryland

.03 Offer of Coverage.

A. — C. (text unchanged)

D. The offer of coverage required by §A of this regulation may be met by using the form under COMAR 31.08.18.02.

 

31.08.18 Homeowner’s Insurance Notice

Authority: Insurance Article, §19-216, Annotated Code of Maryland

.01 Purpose.

The purpose of this chapter is to provide the form that insurers may use to comply with the requirements of Insurance Article, §§19-202, 19-205(a)(4)(vii), 19-210(f), 19-214(a), 19-216, and 27-501(n)(2), Annotated Code of Maryland.

.02 Homeowner’s Insurance Notice — Form.

 

     FORM.

.03 No Private Cause of Action.

This chapter does not create a private cause of action for a violation of this chapter.

 

Subtitle 15 UNFAIR TRADE PRACTICES

31.15.10 Homeowner's Insurance and Private Passenger Motor Vehicle Insurance — Standards for Cancellation and Nonrenewal

Authority: Insurance Article, §§2-109, 19-216(d), and 27-501, Annotated Code of Maryland

.04 Action Based on Claims History.

A. — D. (text unchanged)

E. The disclosure required by §§B and D of this regulation may be met by using the form under COMAR 31.08.18.02.

ALFRED W. REDMER, JR.
Insurance Commissioner

 

 


Special Documents

 


DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Commission Meeting

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice

 
SUMMARY: The Susquehanna River Basin Commission will hold its regular business meeting on September 7, 2017, in Elmira, New York. Details concerning the matters to be addressed at the business meeting are contained in the Supplementary Information section of this notice.

 

DATES:  The meeting will be held on Thursday, September 7, 2017, at 9 a.m.

 

ADDRESSES:  The meeting will be held at the Holiday Inn Elmira Riverview, Ballroom, 760 E. Water St., Elmira, NY  14901.

 

FOR FURTHER INFORMATION CONTACT:  Jason E. Oyler, General Counsel, 717-238-0423, ext. 1312.

 

SUPPLEMENTARY INFORMATION:  The business meeting will include actions or presentations on the following items:  (1) informational presentation of interest to the Chemung Subbasin area; (2) ratification/approval of contracts/grants; (3) adoption of alternatives analysis guidance; (4) amendment of delegation authority to the Executive Director; (5) report on delegated settlements; (6) resolution adopting amendments to Commission’s By-laws; (7) Middletown Borough request for waiver of application required by 18 CFR §806.6(a)(5) and (b); (8) Peak Resorts, Inc.-Greek Peak Mountain Resort request for waiver  of 18 CFR §806.6(b)(1); (9) request for waiver of 18 CFR §806.31(e) as it pertains to the renewal of Docket No. 19870901 for Carrolltown Borough Municipal Authority; and (10) Regulatory Program projects and requests for extension of emergency certificates, including for Sunset Golf Course, Sunoco Pipeline L.P. and Furman Foods, Inc.

Projects, the alternatives analysis guidance and the request of waiver by Middletown Borough are those that were the subject of a public hearing conducted by the Commission on August 3, 2017, and identified in the notice for such hearing, which was published in 82 FR 31134, July 5, 2017.

The public is invited to attend the Commission’s business meeting. Comments on the Regulatory Program projects, the alternatives analysis guidance, and the request for waiver by Middletown Borough were subject to a deadline of August 14, 2017. Written comments pertaining to other items on the agenda at the business meeting may be mailed to the Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, Pennsylvania 17110-1788, or submitted electronically through http://www.srbc.net/pubinfo/publicparticipation.htm. Such comments are due to the Commission on or before August 31, 2017. Comments will not be accepted at the business meeting noticed herein.

 

AUTHORITY:  Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.

 

Dated:  August 3, 2017.

STEPHANIE L. RICHARDSON
Secretary to the Commission

[17-18-17]

 

MARYLAND HEALTH CARE COMMISSION

SCHEDULE FOR CERTIFICATE OF ONGOING PERFORMANCE REVIEWS

     The Maryland Health Care Commission provides the following schedule for the review of applications for Certificates of Ongoing Performance by hospitals for their cardiac surgery and percutaneous coronary intervention (PCI) services programs, if they are subject to on-going performance review in accordance with COMAR 10.24.17.  This schedule replaces, in its entirety, the schedule published on May 12, 2017.

 

     Applications must be submitted no later than the published due date and will only be received and reviewed in accordance with this published schedule.  All applications, including the required number of copies, must be received at the offices of the Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, Maryland 21215, no later than 4:30 p.m. on the scheduled date of submission.  For further information about the review schedules or procedures, contact Eileen Fleck, Chief, Acute Care Policy and Planning, at eileen.fleck@maryland.gov or 410-764-3287.

 

Cardiac Surgery Services

 

Planning Region and Hospitals

Application Submission Date

Washington Metropolitan Region, Lower Eastern Shore Region, and Western Region

   Peninsula Regional                       Washington Adventist

   *Prince George’s                          Western Maryland Regional

   Suburban

October 27, 2017

Baltimore Upper Shore Region

   MedStar Union Memorial        University of Maryland (UM)

   Sinai of Baltimore                    UM St. Joseph

   The Johns Hopkins

  

December 15, 2017

     

 *Note: Prince George’s Hospital Center is not required to submit an application in this review cycle based on

        COMAR 10.24.17.07A(1)(c).

 

Percutaneous Coronary Intervention Services

 

Hospitals

Application Submission Date

Anne Arundel                             MedStar Franklin Square

Carroll                                        St. Agnes

Howard County General            UM Baltimore Washington

Johns Hopkins Bayview             UM Upper Chesapeake

January 12, 2018

MedStar Union Memorial           University of Maryland

Peninsula Regional                      UM St. Joseph

Sinai of Baltimore                       Western Maryland

The Johns Hopkins

April 20, 2018

Frederick Memorial                      Prince George’s

Holy Cross/Silver Spring             Shady Grove Adventist

MedStar Southern Maryland        Suburban

Meritus                                         Washington Adventist

August 4, 2018

        Note: Due to the concentration of PCI programs in the Baltimore Upper Shore Health Planning Region, the

        submission of applications has been distributed over two review cycles, with the first cycle covering Baltimore

        Upper Shore hospitals that currently provide PCI services only and the second cycle covering Baltimore Upper

        Shore hospitals with both cardiac surgery and PCI services.

[17-18-23]

 

 


General Notices

 

Notice of ADA Compliance

   The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings.  Anyone planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.

 


CHESAPEAKE BAY TRUST

Subject: Public Meeting

Date and Time: September 15, 2017, 9 a.m. — 12 p.m.

Place: Osprey Point Retreat and Conference Center, Royal Oak, MD

Contact: Heather Adams (410) 974-2941

[17-18-09]

 

CRIMINAL JUSTICE INFORMATION ADVISORY BOARD

Subject: Public Meeting

Date and Time: September 18, 2017, 1 — 3 p.m.

Place: Judicial Training Center, 2009-D Commerce Park Dr., Annapolis, MD

Contact: Robyn Lyles (410) 585-3185

[17-18-18]

 

COMMISSION ON CRIMINAL SENTENCING POLICY

Subject: Public Meeting

Date and Time: September 19, 2017, 5:30 — 7:30 p.m.

Place: Judicial College Education and Conference Center, 2009D Commerce Park Dr., Annapolis, MD

Contact: David Soule (301) 403-4165

[17-18-04]

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Call for Physicians and Pharmacists Nominations for Maryland Medicaid DUR Board

Add'l. Info: The Maryland Department of Health Drug Utilization Review (DUR) Board is currently recruiting for physicians and pharmacists to serve on the Maryland DUR Board beginning January 2018.

The implementation of the Omnibus Budget Reconciliation Act of 1990 (OBRA 90), §1927g(3) requires that the Maryland Department of Health establish a Medicaid DUR Board. The DUR Board is comprised of both physicians and pharmacists and has been in operation since November 1992. The activities of the DUR Board include:

·    Overseeing retrospective and prospective DUR within the Maryland Medicaid Program.

·    Approving DUR criteria and standards.

·    Making recommendations concerning education and other types of interventions based on prospective and retrospective DUR findings.

·    Preparing an annual report for submission to the Centers for Medicare and Medicaid (CMS) describing the nature and scope of the DUR program, summarizing educational/interventional strategies used, and estimating cost savings generated.

·    Reviewing individual recipient profiles and making recommendations to restrict patients who might be abusing Medicaid prescription drugs.

The DUR Board has quarterly 3-hour meetings in the Baltimore area. Meetings are normally scheduled on the first Thursday morning during the months of March, June, September, and December. Members serve terms of 3 years from the date of their appointment with the option to serve an additional 3-year term.

The membership of the Maryland DUR Board includes health care professionals who have recognized knowledge and expertise in at least one of the following areas:

·    The clinically appropriate prescribing of outpatient drugs.

·    The clinically appropriate dispensing and monitoring of outpatient drugs.

·    Drug use review, evaluation, and intervention.

·    Medical quality assurance.

For an application packet, please contact Gina Homer at the Maryland Medicaid Pharmacy Program at 410-767-1749 or via email at Gina.Homer@Maryland.gov.

The application deadline is Friday, September 22, 2017.

Contact: Gina Homer (410) 767-1749

[17-18-11]

 

HISTORIC ST. MARY'S CITY COMMISSION

Subject: Public Meeting

Date and Time: September 23, 2017, 2 — 3 p.m.

Place: Historic St. Mary's City, Visitor Center, 18751 Hogaboom Lane, St. Mary's City, MD

Contact: Porzia Purves (240) 895-4960

[17-18-24]

MARYLAND INSURANCE ADMINISTRATION

Subject: Public Meeting

Date and Time: September 25, 2017, 1 — 4 p.m.; Additional Date: October 23, 2017 1 — 4 p.m.

Place: Maryland Insurance Administration, 200 St. Paul Pl., 24th Fl. Hearing Rm., Baltimore, MD

Add'l. Info: The Maryland Insurance Administration has agreed to convene a workgroup to look into the concerns raised by stakeholders interested in a number of pharmaceutical services related bills. The purpose of the workgroup and the public workgroup meetings is to see if common ground can be found to resolve the stakeholders concerns. The MIA will report back to the Health and Government Operations Committee on the proceedings of the workgroup and any policy recommendations that emerge as a result of those proceedings before the 2018 legislative session. The Administration is soliciting information prior to the meeting from interested parties. Individuals or organizations who wish to submit written testimony should submit it to pharmacyservicesworkgroup.mia@maryland.gov. Additional information can be found on the Administration’s website at insurance.maryland.gov under the Pharmaceutical Services Workgroup quick link. Any questions or concerns can be directed to Bob Morrow, Associate Commissioner Life and Health, at bob.morrow@maryland.gov or 410-468-2212.

Contact: Bob Morrow (410) 468-2212

[17-18-06]

 

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: September 28, 2017, 10 a.m. — 12 p.m.

Place: Montgomery Park Business Center, 1800 Washington Blvd., Suite 330, Baltimore, MD

Contact: Marie A. Torosino (410) 230-8790

[17-18-22]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: September 19, 2017, 1 — 4 p.m.

Place: 4160 Patterson Ave., Rm. 100, Baltimore, MD

Contact: Valerie Wooding (410) 764-3570

[17-18-05]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Receipt of Application

Add'l. Info: On August 4, 2017, the Maryland Health Care Commission (MHCC) received two Certificate of Need applications submitted by:

     UM-Upper Chesapeake Health System — Matter No. 17-12-2403 — Construction of a new 40-bed special psychiatric hospital on 32 acres located at 210 Baker Lane, Havre de Grace, Harford County; Proposed Cost:  $52,421,120.

     Coastal Hospice — Matter No. 17-22-2404 — Establish a 12-bed hospice house residential facility and outreach center to be located at 2604 Old Ocean City Road, Salisbury; Proposed cost:  $8,528,691.

     The MHCC shall review the applications under Health-General Article, §19-101 et seq., Annotated Code of Maryland, and COMAR 10.24.01.

     Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the applications. All further notices of proceedings on the applications will be sent only to affected persons who have registered as interested parties.

     Please refer to the Matter No. listed above in any correspondence on the applications. Copies of the applications are available for review in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov.

     All correspondence should be addressed to Paul Parker, Deputy Director, Center for Health Care Facilities Planning and Development, MHCC, 4160 Patterson Avenue, Baltimore, Maryland 21215.

Contact: Ruby Potter (410) 764-3276

[17-18-12]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Exemption from Certificate of Need Review— Merger/Consolidation

Add'l. Info: The Maryland Health Care Commission has received a request from:

     UM-Upper Chesapeake Medical Center and Harford Memorial Hospital for the relocation of MSGA beds from Harford Memorial Hospital to Upper Chesapeake Medical Center and the construction of a three-story addition to Upper Chesapeake Medical Center pursuant to a merger/consolidation of the two facilities.

     A copy of the Exemption Request is available for review in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov.

All correspondence should be addressed to Paul Parker, Director, Center for Health Care Facilities Planning and Development, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, Maryland  21215-2299.

Contact: Ruby Potter (410) 764-3276

[17-18-14]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Exemption from Certificate of Need Review

Add'l. Info: The Maryland Health Care Commission has received a request from:

     Harford Memorial Hospital — Conversion of the existing hospital to a free-standing medical facility to be located on Lot 1 of the Upper Chesapeake Medical Center Campus in Havre de Grace.

     A copy of the Exemption Request is available, for review, in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov.

     All correspondence should be addressed to Paul Parker, Director, Center for Health Care Facilities Planning and Development, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, Maryland  21215-2299.

Contact: Ruby Potter (410) 764-3276

[17-18-15]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Formal Start of Review

Add'l. Info: The Maryland Health Care Commission (MHCC) hereby gives notice of docketing of the following application for Certificate of Need:

Glen Meadows Retirement Community — Matter No. 17-03-2395 — Conversion of 22 existing comprehensive care retirement community (“CCRC”) beds through the purchase and relocation of 22 temporarily delicensed beds from Presbyterian Home. The total number of beds at the facility (31 beds) will not change (22 public CCF beds and 9 CCRC beds); Proposed Cost:  $138,000.

     MHCC shall review the application under Health-General Article, §19-101 et seq., Annotated Code of Maryland, COMAR 10.24.01, and the applicable State Health Plan standards.

     Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the application. All further notices of proceedings on the application will be sent only to affected persons who have registered as interested parties.

     Persons desiring to become interested parties in the Commission’s review of the above-referenced application must meet the requirements of COMAR 10.24.01.01B(2) and (20) and must also submit written comments to the Commission no later than close of business October 2, 2017. These comments must state with particularity the State Health Plan standards or review criteria that you believe have not been met by the applicant as stated in COMAR 10.24.01.08F.

     Please refer to the Docket Number listed above in any correspondence on the application. A copy of the application is available for review in the office of MHCC during regular business hours by appointment. All correspondence should be addressed to Paul E. Parker, Director, Center for Health Care Facilities Planning and Development, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, Maryland 21215.

Contact: Ruby Potter (410) 764-3276

[17-18-19]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Receipt of Application

Add'l. Info: On August 14, 2017, the Maryland Health Care Commission (MHCC) received two Certificate of Need applications submitted by:

     MedStar Franklin Square Medical Center (Kidney) — Matter No. 17-03-2405 — In partnership with MedStar Georgetown Transplant Institute will establish a Kidney Transplant Program at Franklin Square Campus in Rosedale; Proposed Cost:  $0.

     MedStar Franklin Square Medical Center (Liver) — Matter No. 17-03-2406 — In partnership with MedStar Georgetown Transplant Institute will establish a Liver Transplant Program at Franklin Square Campus in Rosedale; Proposed Cost:  $75,000.

     The MHCC shall review the applications under Health-General Article, §19-101 et seq., Annotated Code of Maryland, and COMAR 10.24.01.

     Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the applications. All further notices of proceedings on the applications will be sent only to affected persons who have registered as interested parties.

     Please refer to the Matter No. listed above in any correspondence on the applications. Copies of the applications are available for review in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov.

     All correspondence should be addressed to Paul Parker, Deputy Director, Center for Health Care Facilities Planning and Development, MHCC, 4160 Patterson Avenue, Baltimore, Maryland  21215.

Contact: Ruby Potter (410) 764-3276

[17-18-21]

 

GOVERNOR'S COMMISSION ON MARYLAND MILITARY MONUMENTS

Subject: Public Meeting

Date and Time: October 11, 2017, 1 — 2 p.m.

Place: 100 Community Pl., Crownsville, MD

Contact: Nancy Kurtz (410) 697-9561

[17-18-20]

 

DEPARTMENT OF NATURAL RESOURCES/FISHING AND BOATING SERVICES

Subject: Public Notice — Commercial Striped Bass Common Pool Hook and Line Season Modification

Add'l. Info: The Secretary of Maryland Department of Natural Resources pursuant to Code of Maryland Regulations 08.02.15.12H announces the opening of the 2017 commercial striped bass common pool hook and line fishery on Tuesday, August 1, 2017, one hour before sunrise, with a catch limit of 150 lbs/permittee/week and 300 lbs/vessel/day. The common pool fishery will close on Tuesday, August 1, 2017, one hour before sunset.

Mark J. Belton

Secretary of Natural Resources

Contact: Tamara O'Connell (410) 260-8271

[17-18-13]

 

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Subject: Public Meeting

Date and Time: September 15, 2017, 9 a.m. — 12 p.m.

Place: Spring Grove Hospital Campus, Bland Bryant Bldg., 55 Wade Ave., 4th Floor, Baltimore, MD

Add'l. Info: Health Occupations Article, Title 10, Annotated Code of Maryland, and COMAR 10.46 amendments, additions and revisions, including fee changes, may be discussed/voted on. Budget information also may be discussed. An Executive Session is possible. Sign language interpreters and/or appropriate accommodations for qualified individuals with disabilities will be provided upon request. Please call 1-800-735-2255. The meeting may take place by teleconference. Please call the office for information.

Contact: Lauren Murray (410) 402-8556

[17-18-07]

 

GOVERNOR'S P20 LEADERSHIP COUNCIL

Subject: Public Meeting

Date and Time: September 12, 2017, 10 a.m. — 12 p.m.

Place: Howard Co. Library — Miller Branch, 9421 Frederick Rd., Ellicott City, MD 21042

Contact: Michael Harrison (410) 230-6008

[17-18-25]

 

RACING COMMISSION

Subject: Public Meeting

Date and Time: September 28, 2017, 12:30 — 1 p.m.

Place: Laurel Park, Laurel, MD

Contact: J. Michael Hopkins (410) 296-9682

[17-18-03]

 

BOARD OF REVENUE ESTIMATES

Subject: Public Meeting

Date and Time: September 20, 2017, 2 — 3 p.m.

Place: Louis L. Goldstein Treasury Bldg., Comptroller of Maryland, Assembly Room, Annapolis, MD

Contact: Kynara Fogan (410) 260-7450

[17-18-08]

 

MARYLAND SEXUAL ASSAULT AND EVIDENCE POLICY AND FUNDING COMMITTEE

Subject: Public Meeting

Date and Time: October 17, 2017, 10 a.m. — 12 p.m.

Place: Office of the Attorney General, 200 St. Paul Pl., Baltimore, MD

Add'l. Info: The Maryland Sexual Assault and Evidence Policy and Funding Committee will meet next on October 17, 2017, at 10 am, at the Office of the Attorney General (OAG), 200 St. Paul Place, Baltimore, Maryland 21202. Please confirm your attendance with Deborah Spence at dspence@oag.state.md.us. Public notice of all future Committee meetings will be placed on the OAG website at http://www.marylandattorneygeneral.gov/Pages/Groups/SAEK.aspx.

Contact: Deborah Spence (410) 576-6327

[17-18-10]

 

WORKERS' COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: September 14, 2017, 9:30 — 11:30 a.m.

Place: 10 E. Baltimore St., Baltimore, MD

Add'l. Info: Portions of this meeting may be held in closed session.

Contact: Amy Lackington (410) 864-5300

[17-18-01]

 

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

Subject: Public Meeting

Date and Time: September 12, 2017, 9 a.m. — 12 p.m.

Place: Frederick Memorial Hospital, 504 East Ridgeville Blvd., Ste. 120, Mt. Air, MD

Add'l. Info: The Apprenticeship and Training Council will consider the approval and registration of new apprenticeship programs, revisions to previously approved apprenticeship programs, and other business which may come before the Council.

Contact: Christopher D. MacLarion (410) 767-2246

[17-18-27]

 

GOVERNOR'S WORKFORCE DEVELOPMENT BOARD

Subject: Public Meeting

Date and Time: September 13, 2017, 3:30 — 5:30 p.m.

Place: 7201 Corporate Center Dr., Hanover, MD

Add'l. Info: Governor's Workforce Development Board Quarterly Meeting

Contact: Darla Henson  (410) 767-2408

[17-18-30]