Capitol Building

Maryland Register


Issue Date: November 13, 2017

Volume 44 • Issue 23 • Pages 1065-1136

IN THIS ISSUE

Governor

Judiciary

Regulatory Review and Evaluation

Open Meetings and Compliance Board

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before October 23, 2017 5 p.m.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 October 23, 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 ....................................................................  1069

 

COMAR Research Aids

Table of Pending Proposals .........................................................  1070

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources ....................................  1080

09        Department of Labor, Licensing, and Regulation .............  1083

10        Maryland Department of Health .......................................  1095

12        Department of Public Safety and Correctional Services ...  1115

13A     State Board of Education ..................................................  1079

14        Independent Agencies ......................................................  1123

19A     State Ethic Commission ...................................................  1079

26        Department of the Environment .......................................  1068

33        State Board of Elections .........................................  1079, 1127

 

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 01.01.2017.25 .  1072

EXECUTIVE ORDER 01.01.2017.26 .  1073

EXECUTIVE ORDER 01.01.2017.27 .  1073

 

Open Meetings Compliance Board

SUMMARY OF OPINIONS ISSUED FROM JULY 1 —
   SEPTEMBER 30, 2017 .  1075

 

The Judiciary

COURT OF APPEALS OF MARYLAND

ATTORNEYS TO BE ADMITTED TO THE BAR ..  1076

DISCIPLINARY PROCEEDINGS .  1076

 

Regulatory Review and Evaluation

MARYLAND DEPARTMENT OF HEALTH

Notice of Opportunity for Public Inspection and
   Comment  1078

 

Final Action on Regulations

13A STATE BOARD OF EDUCATION

SPECIFIC SUBJECTS

Programs in Fine Arts 1079

19A STATE ETHICS COMMISSION

PROCEDURES

General Provisions .  1079

FINANCIAL DISCLOSURE

Electronic Filing .  1079

LOCAL GOVERNMENT ETHICS LAW

Appendix A — Model Ethics Law A ..  1079

Appendix B — Model Ethics Law B ..  1079

BOARD OF EDUCATION ETHICS REGULATIONS

Appendix A — Model Board of Education Ethics
   Regulations .  1079

Appendix B — Model Board of Education Ethics
   Regulations .  1079

LOBBYING

General  1079

33  STATE BOARD OF ELECTIONS

PROVISIONAL VOTING

Provisional Voting Documents and Supplies .  1079

Pre-Canvass Procedures .  1079

Canvass of Ballots — Procedures .  1079

Post-Election Procedures .  1079

 

Proposed Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Notice of Change to Opportunity for Public Comment  1080

Soft-Shell Clams .  1080

Oysters .  1080

Hard-Shell Clams .  1080

Oysters .  1081

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

RACING COMMISSION

Prohibited Acts .  1083

DIVISION OF LABOR AND INDUSTRY

Board of Boiler Rules .  1083

BOARD OF EXAMINERS OF LANDSCAPE ARCHITECTS

Continuing Professional Competency Requirements .  1093

10  MARYLAND DEPARTMENT OF HEALTH

PROCEDURES

Income Tax Credits for Preceptors in Areas with Health Care
   Workforce Shortages .  1095

HOSPITALS

Hospital Patient Safety Program ..  1097

HEALTH FACILITIES GRANTS

Construction Funds for Public and Nonprofit Nursing
   Homes .  1098

Construction Funds for Public and Nonprofit Community
   Mental Health, Addiction, and Developmental Disabilities
   Facilities .  1098

Construction Funds for Public and Nonprofit Adult Day Care
   Centers .  1098

Construction Funds for Public and Nonprofit Assisted Living
   Facilities .  1098

Construction Funds for Federally Qualified Health
   Centers .  1098

MEDICAL CARE PROGRAMS

Targeted Case Management for People with Developmental
   Disabilities .  1101

Maryland Medicaid Managed Care Program: Managed Care
   Organizations . 1101

BOARD OF ACUPUNCTURE

General Regulations .  1103

BOARD OF NURSING

Examination and Licensure .  1104

BOARD OF PHYSICIANS

Physician Licensure by Conceded Eminence

Notice of Change to Opportunity for Public
   Comment  1106

PREVENTIVE MEDICINE

State Advisory Council on Health and Wellness .  1106

BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD
   CARE PROGRAM PROFESSIONALS

Certification — Residential Child and Youth Care
   Practitioners .  1107

COMMUNITY-BASED BEHAVIORAL HEALTH
   PROGRAMS AND SERVICES

Recovery Residence Certification .  1108

12  DEPARTMENT OF PUBLIC SAFETY AND
   CORRECTIONAL SERVICES

DIVISION OF CORRECTION

Administrative Remedy Procedures to Resolve Inmate
   Complaints .  1115

14  INDEPENDENT AGENCIES

WORKERS’ COMPENSATION COMMISSION

Guide of Medical and Surgical Fees .  1123

26  DEPARTMENT OF THE ENVIRONMENT

MARYLAND CO2 BUDGET TRADING PROGRAM

General Administrative Provisions .  1124

Applicability, Determining Compliance, and Allowance
   Distribution .  1124

30  MARYLAND INSTITUTE FOR EMERGENCY
   MEDICAL SERVICES SYSTEMS (MIEMSS)

GENERAL

Documents Incorporated by Reference .  1126

Notice of Change to Opportunity for Public
   Comment  1126

33  STATE BOARD OF ELECTIONS

RECOUNTS

Initiation of Recounts .  1127

CAMPAIGN FINANCING

Campaign Finance Report  1127

Independent Expenditure Requirements .  1127

Electioneering Communication Requirements .  1127

Public Financing .  1127

Political Action Committees .  1127

Contributions by Business Entities .  1127

ADMINISTRATION OF PUBLIC FINANCING ACT

Eligibility Requirements and Procedures .  1127

DISCLOSURE BY PERSONS DOING PUBLIC BUSINESS

Sanctions .  1127

 

Special Documents

MARYLAND HEALTH CARE COMMISSION

SCHEDULE FOR CERTIFICATE OF CONFORMANCE
   REVIEWS —PERCUTANEOUS CORONARY
   INTERVENTION SERVICES .  1132

SCHEDULE FOR CERTIFICATE OF ONGOING
   PERFORMANCE REVIEWS — PERCUTANEOUS
   CORONARY INTERVENTION SERVICES .  1132

 

General Notices

COMMISSION ON CRIMINAL SENTENCING POLICY

Public Hearing .  1134

Public Meeting .  1134

MARYLAND DEPARTMENT OF HEALTH

Public Meeting .  1134

MARYLAND DEPARTMENT OF HEALTH/OFFICE OF
   HEALTH SERVICES

Public Notice — Community Pathways Waiver — Public Comment Period Date Change — Request for Public Comment  1134

DIVISION OF LABOR AND INDUSTRY/MARYLAND
   OCCUPATIONAL SAFETY AND HEALTH (MOSH)
   ADVISORY BOARD

Public Meeting .  1134

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  1135

Notice of Project Change .  1135

Notice of Project Change .  1135

Notice of Receipt of Letter of Intent for New Acute
   Rehabilitation Hospital in Southern Maryland; Request for
   Letters of Intent — Acute Rehabilitation .  1135

RACING COMMISSION

Public Meeting .  1135

MARYLAND SEXUAL OFFENDER ADVISORY BOARD

Public Meeting .  1135

 

COMAR Online

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

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

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

 

Availability of Monthly List of
Maryland Documents

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

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

 

CLOSING DATES AND ISSUE DATES through JULY 20, 2018

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

2017

November 27***

November 6

November 15

November 13

December 8

November 20

November 29

November 27

December 22

December 4

December 13

December 11

2018

January 5**

December 18

December 27

December 22

January 19**

December 29

January 10

January 8

February 2**

January 12

January 24

January 22

February 16

January 29

February 7

February 5

March 2**

February 12

February 21

February 16

March 16

February 26

March 7

March 5

March 30

March 12

March 21

March 19

April 13

March 26

April 4

April 2

April 27

April 9

April 18

April 16

May 11

April 23

May 2

April 30

May 25

May 7

May 16

May 14

June 8**

May 21

May 30

May 25

June 22

June 4

June 13

June 11

July 6

June 18

June 27

June 25

July 20

July 2

July 11

July 9

 

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

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

** Note closing date changes

***   Note issue date and closing date changes

The regular closing date for Proposals and Emergencies is Monday.

 


RegCodificationSystem
Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

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

Table of Pending Proposals

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

 


08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.02.12 • 44:23 Md. R. 1080 (11-13-17)

08.02.03.07 • 44:22 Md. R. 1039 (10-27-17)

08.02.04.15 • 44:23 Md. R. 1080 (11-13-17)

08.02.04.17 • 44:23 Md. R. 1081 (11-13-17) (ibr)

08.02.05.01,.02,.07 • 44:22 Md. R. 1039 (10-27-17)

08.02.07.03 • 44:23 Md. R. 1080 (11-13-17)

08.02.15.04,.07 • 44:22 Md. R. 1039 (10-27-17)

08.02.25.04—.07 • 44:22 Md. R. 1039 (10-27-17)

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

09.01.04.01—.17 • 44:20 Md. R. 949 (9-29-17)

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

09.03.13.02 • 44:21 Md. R. 987 (10-13-17)

09.10.03.01-1 • 44:23 Md. R. 1083 (11-13-17)

09.12.01.01—.35 • 44:23 Md. R. 1083 (11-13-17)

09.12.31 • 44:21 Md. R. 987 (10-13-17)

                 44:21 Md. R. 988 (10-13-17)

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

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

09.23.06.02—.17 • 44:19 Md. R. 900 (9-15-17)

09.28.04.01—.13 • 44:23 Md. R. 1093 (11-13-17)

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 • 44:23 Md. R. 1095 (11-13-17)

10.01.04.03,.04,.08 • 44:21 Md. R. 988 (10-13-17)

10.07.06.15,.17 • 44:23 Md. R. 1097 (11-13-17)

10.08.01.03,.04,.06,.08,.09 • 44:23 Md. R. 1098 (11-13-17)

10.08.02.03,.05,.07,.09 • 44:23 Md. R. 1098 (11-13-17)

10.08.03.02,.04,.06,.08 • 44:23 Md. R. 1098 (11-13-17)

10.08.04.02,.05,.10 • 44:23 Md. R. 1098 (11-13-17)

10.08.05.02,.05,.10 • 44:23 Md. R. 1098 (11-13-17)

 

     Subtitle 09 (2nd volume)

 

10.09.04.04,.05,.07 • 44:22 Md. R. 1043 (10-27-17)

10.09.09.04,.05,.07 • 44:22 Md. R. 1043 (10-27-17)

10.09.10.07-1,.07-2 • 44:21 Md. R. 1001 (10-13-17)

10.09.12.03—.05,.07 • 44:20 Md. R. 952 (9-29-17)

10.09.33.09 • 44:21 Md. R. 1002 (10-13-17)

10.09.36.03 • 44:20 Md. R. 953 (9-29-17)

10.09.36.03-1 • 44:21 Md. R. 1002 (10-13-17)

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

10.09.48.08 • 44:23 Md. R. 1101 (11-13-17)

10.09.53.04,.05,.07 • 44:22 Md. R. 1043 (10-27-17)

10.09.62.01 • 44:21 Md. R. 988 (10-13-17)

10.09.63.02,.03,.06 • 44:21 Md. R. 988 (10-13-17)

10.09.64.03,.11 • 44:21 Md. R. 988 (10-13-17)

10.09.65.02,.04,.15,.17,.19,.20,.28 • 44:21 Md. R. 988 (10-13-17)

10.09.65.03 • 44:23 Md. R. 1101 (11-13-17)

10.09.66.01,.02 • 44:21 Md. R. 988 (10-13-17)

10.09.67.01,.04,.19 • 44:21 Md. R. 988 (10-13-17)

10.09.68.01—.03 • 44:21 Md. R. 988 (10-13-17)

10.09.71.02,.04,.05 • 44:21 Md. R. 988 (10-13-17)

10.09.72.01,.06 • 44:21 Md. R. 988 (10-13-17)

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

10.08.80.08 • 44:21 Md. R. 1003 (10-13-17)

10.09.84.02,.05—.07,.10,.15,.18,.19,.23,
     .24
• 44:21 Md. R. 1004 (10-13-17)

10.09.87.04,.05,.07 • 44:22 Md. R. 1043 (10-27-17)

10.09.88.04,.05,.07 • 44:22 Md. R. 1043 (10-27-17)

10.09.89.10—.14 • 44:22 Md. R. 1044 (10-27-17)

10.09.96.01—.13 • 44:21 Md. R. 1006 (10-13-17)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.22.17.06—.08 • 44:20 Md. R. 954 (9-29-17)

10.22.18.04 • 44:20 Md. R. 954 (9-29-17)

     Subtitles 23 — 36 (4th Volume)

 

10.24.11.01 • 44:22 Md. R. 1046 (10-27-17) (ibr)

10.26.02.03 • 44:23 Md. R. 1103 (11-13-17)

10.27.01.02 • 44:23 Md. R. 1104 (11-13-17)

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

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

10.32.13.02—.04,.06,.08 • 44:22 Md. R. 1047 (10-27-17)

10.32.22.02,.03,.05 • 44:21 Md. R. 1008 (10-13-17)

10.34.34.05 • 44:22 Md. R. 1049 (10-27-17)

 

     Subtitles 37—66 (5th Volume)

 

10.37.10.03,.03-1,.04-1,.04-2,.04-3,
     .11
• 44:22 Md. R. 1050 (10-27-17)

10.52.07.01—.05 • 44:23 Md. R. 1106 (11-13-17)

10.57.03.02 • 44:23 Md. R. 1107 (11-13-17)

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)

10.63.08.01—.14 • 44:23 Md. R. 1108 (11-13-17)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

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

 

     Subtitles 11—22 (MVA)

 

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

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.02.27.01—.40 • 44:19 Md. R. 902 (9-15-17)

12.02.28.01—.20 • 44:23 Md. R. 1115 (11-13-17)

12.03.01.01—.35 • 44:19 Md. R. 902 (9-15-17)

12.12.30.01—.40 • 44:19 Md. R. 902 (9-15-17)

12.16.02.01—.40 • 44:19 Md. R. 902 (9-15-17)

 

13A STATE BOARD OF EDUCATION

 

13A.06.07.01,.06—.08,.10 • 44:21 Md. R. 1010 (10-13-17)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

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

 

14 INDEPENDENT AGENCIES

 

14.06.03.07 • 44:20 Md. R. 964 (9-29-17)

14.09.08.06 • 44:23 Md. R. 1123 (11-13-17)

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

 

15.01.12.01—.07 • 44:20 Md. R. 965 (9-29-17)

 

19A STATE ETHICS COMMISSION

 

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

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

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

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

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

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

 

20 PUBLIC SERVICE COMMISSION

 

20.90.01.19 • 44:22 Md. R. 1054 (10-27-17)

20.95.01.03,.11,.22—.24,.26 • 44:22 Md. R. 1056 (10-27-17)

 

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)

26.09.01.02 • 44:23 Md. R. 1124 (11-13-17)

26.09.02.08,09 • 44:23 Md. R. 1124 (11-13-17)

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)

26.11.33.01—.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)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.02.01 • 44:22 Md. R. 1059 (10-27-17) (ibr)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.05.09,.15 • 44:20 Md. R. 967 (9-29-17)

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

31.10.45.01—.06 • 44:21 Md. R. 1012 (10-13-17)

 

33 STATE BOARD OF ELECTIONS

 

33.12.02.07 • 44:23 Md. R. 1127 (11-13-17)

33.13.02.02 • 44:23 Md. R. 1127 (11-13-17)

33.13.08.02,.08 • 44:23 Md. R. 1127 (11-13-17)

33.13.09.02,.06—.08 • 44:23 Md. R. 1127 (11-13-17)

33.13.14.04—.06 • 44:23 Md. R. 1127 (11-13-17)

33.13.15.08—.12 • 44:23 Md. R. 1127 (11-13-17)

33.13.16.03 • 44:23 Md. R. 1127 (11-13-17)

33.14.02.10 • 44:23 Md. R. 1127 (11-13-17)

33.20.08.01,.02 • 44:23 Md. R. 1127 (11-13-17)

 

35 DEPARTMENT OF VETERANS AFFAIRS

 

35.06.01.01—.07 • 44:21 Md. R. 1014 (10-13-17)

 


The Governor

EXECUTIVE ORDER 01.01.2017.25

Prohibiting Discriminatory Boycotts of Israel in State Procurement

 

WHEREAS, The State of Maryland and Israel have executed a Declaration of Cooperation that has, for more than two decades, enabled the successful exchange of commerce, culture, technology, tourism, trade, economic development, scholarly inquiry, and academic research;

 

WHEREAS, These accomplishments have helped generate millions of dollars of investment and substantial job creation in the State;

 

WHEREAS, The cooperation between Israel and the State has produced notable achievements in medicine, healthcare, and biotechnology that have benefitted the State;

 

WHEREAS, The collaboration between Israel and the State has produced important enhancements to the cyber, homeland, and national security of the State;

 

WHEREAS, Boycotts of people or entities because of their Israeli national origin, or residence or incorporation in Israel and its territories, undermines the Declaration of Cooperation;  

 

WHEREAS, It is the public policy of the United States, as enshrined in several federal laws, to oppose certain boycotts of Israel;

 

WHEREAS, The termination of or refusal to transact business activities with people or entities because of their Israeli national origin, or residence or incorporation in Israel and its territories, is not a commercial decision made for business or economic reasons;  

 

WHEREAS, Business entities that employ such unsound business practices therefore have impaired commercial viability and provide less job security to their employees;

 

WHEREAS, Such business entities pose undue risks as contracting partners and may not provide the best possible products or services to the State;

 

WHEREAS, The State has a longstanding and broad policy to refrain from contracting with business entities that unlawfully discriminate in the solicitation, selection, hiring, or commercial treatment of vendors, supplies, subcontractors, or commercial customers;

 

WHEREAS, Boycotts based on religion, national origin, ethnicity, or residence are discriminatory; and

 

WHEREAS, Contracting with business entities that discriminate makes the State a passive participant in private-sector commercial discrimination;

 

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 following words have the meanings indicated:

1. “Boycott of Israel” means the termination of or refusal to transact business activities, or other actions intended to limit commercial relations, with a person or entity because of its Israeli national origin, or residence or incorporation in Israel and its territories. “Boycott of Israel” does not include actions taken:

i. that are not commercial in nature;

ii. for business or economic reasons;

iii. because of the specific conduct of the person or entity;

iv. against a public or governmental entity; or

v. that are forbidden by the United States pursuant to 50 U.S.C. § 4607.

2. “Business entity” means any receiver, trustee, guardian, representative, fiduciary, partnership, firm, association, corporation, sole proprietorship, or company, including any bank, credit union, broker, developer, consultant, contractor, supplier, or vendor, individually or in any combination, that has submitted a bid or proposal for, has been selected to engage in, or is engaged in providing goods or services to the State.

3. “Commercial relations” means a business entity’s conduct of business, and the terms and conditions by which business is transacted, with a vendor, supplier, subcontractor, or other business entity.

4. “Contract” means an agreement by or on behalf of the State for a business entity to sell or lease supplies or goods, or to provide services, to the State in return for a fee, or any other form of compensation to be paid or provided by the State.

5. “Executive agency” means a State department, agency, authority, board, or instrumentality that is controlled by the Governor.

6. “Services” includes construction, real-estate development, financial management, insurance, and professional support.

B. Executive agencies may not execute a procurement contract with a business entity unless it certifies, in writing when the bid is submitted or the contract is renewed, that:

1. It is not engaging in a boycott of Israel; and

2. It will, for the duration of its contractual obligations, refrain from a boycott of Israel. 

C. All requests for bids or proposals issued for contracts with Executive agencies shall include the text of the following certification to be completed by the bidder: “The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor, vendor, or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel and its territories. The bidder also has not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. Without limiting any other provision of the solicitation for bids for this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid.”

D. All Executive agencies shall implement this Executive Order in a manner consistent with the important public policy favoring advancement of women- and minority-owned businesses as set forth in Title 14, Subtitle 3, of the State Finance & Procurement Article of the Code of Maryland and related regulations.

E. All Executive agencies shall implement this Executive Order in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.

F. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 23rd Day of October 2017.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[17-23-22]

 

EXECUTIVE ORDER 01.01.2017.26

Renewal of Executive Order 01.01.2017.02 (Executive Order Regarding the Heroin, Opioid, and Fentanyl Overdose Crisis Declaration of Emergency)

 

WHEREAS, I, Lawrence J. Hogan, Jr., Governor of the State of Maryland, issued Executive Order 01.01.2017.02 due to the heroin, opioid, and fentanyl overdose crisis (the “Crisis”); and

 

WHEREAS, The emergency conditions relating to the Crisis continue to exist.

 

NOW THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND THE LAWS OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE, DECLARE THAT THE STATE OF EMERGENCY CONTINUES TO EXIST PERTAINING TO THE NEED TO CONTROL AND ELIMINATE THE HEROIN, OPIOID, AND FENTANYL OVERDOSE CRISIS AND HEREBY RENEW EXECUTIVE ORDER 01.01.2017.02, EFFECTIVE ON OCTOBER 28, 2017, AND SHALL EXPIRE ON NOVEMBER 27, 2017, UNLESS SOONER TERMINATED OR EXTENDED IN WRITING BY ME.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 27th Day of October, 2017.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[17-23-20]

 

EXECUTIVE ORDER 01.01.2017.27

Computer Science Education and Professional Development

 

WHEREAS, On July 14th, 2017 Maryland joined the Governors’ Partnership for K-12 Computer Science, a multi-state compact committed to strengthening computer science education for all students, in order to meet the demands of the 21st century workforce and prepare students for the jobs of the future;

 

WHEREAS, Creating a talented and diverse pipeline of students with computer

expertise is critical to Maryland’s economic future;

 

WHEREAS, Maryland students must have the skills they need to compete in today’s innovation economy;

 

WHEREAS, In Maryland, there are more than 20,000 IT related jobs;

 

WHEREAS, Maryland’s IT industry is a leading force in its economy, and IT and cybersecurity jobs are among our fastest growing positions;

 

WHEREAS, Between 2017 and 2027, IT related jobs in Maryland are projected to grow by 12%;

 

WHEREAS, The Governor’s Workforce Development Board is the Governor of Maryland’s chief policy-making body for workforce development;

 

WHEREAS, The Governor’s Workforce Development Board brings together and focuses various workforce development partners and stakeholders on two key outcomes — a properly prepared workforce that meets the current and future demands of Maryland employers, and providing opportunities for all Marylanders to succeed; and

 

WHEREAS, Workforce development should align with the economic and educational goals of the State of Maryland to create a qualified workforce available to employers throughout the 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:

     (1) The Governor’s Workforce Development Board Task Force on Cybersecurity and Information Technology shall:

         a. Study opportunities to grow Maryland’s economy associated with the computer science and IT industry;

         b. Focus on developing pathways that meet identified workforce needs in computing fields;

         c. Determine the skills needed in and challenges for Maryland’s talent pipeline;

         d. Encourage employer partners to invest in Maryland’s IT workforce; and

         e. Create innovative and sustainable ways to address gender and racial disparities in the STEM and IT fields.

     (2) Reports and Recommendations.

         a. The Task Force shall issue a report addressing section (1) above.

         b. The report shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Delegates, no later than June 1, 2018.

         c. The Task Force may issue additional reports as directed by the Governor.

 

Given Under my Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 2nd Day of November, 2017.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

 

[17-23-21]

 


Open Meetings Compliance Board

SUMMARY OF OPINIONS ISSUED FROM JULY 1 — SEPTEMBER 30, 2017

11 Official Opinions of the Compliance Board 43 (2017)

Dorchester County Council, sitting as the Dorchester Board of Estimates (Craig O’Donnell, Complainant)

August 1, 2017

Topics Discussed: Administrative Function Exclusion, Generally, Some Budgeting Tasks

Opinion:   Regarding the Dorchester Board of Estimates meeting that the Council held on April 12, 2016, the Compliance Board found no violation.

Violations: No violation.

 

11 Official Opinions of the Compliance Board 47 (2017)

Charles County Board of Appeals (Kenneth W. Hastings, Complainant)

September 8, 2017

Topics Discussed: Minutes of Closed & Open Sessions, Closed Session Disclosures, Training Requirement

Opinion: The County Board violated the following provisions of the Act: § 3-306(b), which requires public bodies to keep minutes of closed sessions as well as open sessions; § 3-305(d), which requires public bodies to have a reason for closing a meeting and articulate it; and § 3-306(c), which lists the disclosures to be made after a closed session. The Compliance Board was unable to determine whether the County Board’s closed-door discussion exceeded the scope of the exceptions that the County Board had claimed. The County Board complied with the training requirement.

Violations: § 3-306(b)(c), § 3-305(d)

 

11 Official Opinions of the Compliance Board 51 (2017)

Council of the Town of Rock Hall

September 11, 2017

Topics Discussed: Closed Session Disclosures

Opinion: The Rock Hall Town Council violated §§ 3-305(d) and 3-306(c)(2) in November 2016 by not including in its closed-session disclosures each item of information required by those provisions.

Violations: § 3-306(c)(2), § 3-305(d)

 

11 Official Opinions of the Compliance Board 52 (2017)

Mayor and City Council of Cumberland

September 28, 2017

Topics Discussed: Meeting Notice, Vote to Close

Opinion: The City Council’s advertisement of its “stand-alone” sessions as “closed” resulted in violations of §§ 3-301 (open meeting requirement), 3-302 (notice requirement), and 3-305(d) (preconditions to closing a meeting).

Violations: § 3-301, § 3-302, § 3-305(d)

 

11 Official Opinions of the Compliance Board 54 (2017)

Natalie M. LaPrade Maryland Medical Cannabis Commission and its Policy Committee

September 28, 2017

Topics Discussed: Minutes of Closed and Open Sessions and Closed Session Disclosures

Opinion: Regarding the Commissions and Policy committee’s meeting practices since mid-2015, the Compliance Board found:

Notice related allegations. No Violation.

Closing Statement: The Commission violated § 3-305(d) by not preparing a § 3-305(d) closing statement.

Meeting Minutes: With regard to two sets of minutes, the Commission violated § 3-306(b), which requires public bodies to prepare minutes “as soon as practicable” after they meet. The Policy Committee also violated § 3-306(b).

Violations: § 3-306(b), § 3-305(d)

 

     The Compliance Board’s opinions are posted at http://www.marylandattorneygeneral.gov/Pages/OpenGov/OpenMeetings/index.aspx.

     Statutory references are to the General Provisions Article (2014, with 2016 supp.).

[17-23-08]

 

 


The Judiciary

COURT OF APPEALS OF MARYLAND

ATTORNEYS TO BE ADMITTED TO THE BAR

Annapolis, Maryland

October 27, 2017

 

The State Board of Law Examiners, after careful consideration of their qualifications, has by report to the Court recommended that the applicants named on Exhibit A attached hereto be admitted to the Bar, conditioned upon successful completion of the Orientation Program pursuant to Maryland Rule 19-210(e). As to certain applicants named in an attachment to the Report, the favorable recommendation also is conditioned upon the outcome of proceedings pending under Maryland Rule 19-213(g).

It is thereupon the 27th day of October 2017, by the Court of Appeals of Maryland ORDERED that the Board’s recommendation be ratified subject to the conditions therein stated on the 27th day of November 2017, unless exceptions to the Board’s recommendation of any applicant be filed on or before said date, provided a copy of this Order be published at least one time in the Maryland Register before such ratification.

MARY ELLEN BARBERA
Chief Judge, Court of Appeals of Maryland

 

Filed: October 27, 2017

BESSIE M. DECKER
Clerk, Court of Appeals of Maryland

 

EXHIBIT A

OUT-OF-STATE ATTORNEY EXAMINATION

JULY 2017

 

Ahmad, Yusuf Rahman

Ahn, Natalia Medina

Aildasani, Kavita Thakur

Askew, Jr., Lewis Irvin

Bailey, Erica Joanna

Barrera, III, Alfredo Arturo

Chaverri, Katie Lane

Clarke, AmiCietta Duche

Collins, Alexandra Nicole

Corcoran, Andrew Ryan

Del Percio, Leah

Delaney, Sean Richard

Donnelly, William Edward

Donohue Prono, Claire Peggy

Dunn, Christopher Albert

Ehrenberg, Daniel Seth

Fee, Jon Robert

Gantman, Brian Douglas

Gold, Scott Jonathan

Gulin, Frank Charles

Harrington, Sarah Elaine

Hilderbrand, Jr., Van Pursley

Howes, Michael Anthony

Hurley, Robert Arthur

Islinger, Nicole Marie

Johnson, Derrick Colin

Kakade, Seema Madhu

Katzen, Noah Thron

Kerksiek Sanya Sarich

Kluxen, Steven Andrew

Knupp, III, Paul Everett

Lambeth, Alison Eileen Mathey

Lee, Stephen Hyonjun

Lichterman Ariel, Shaun

Mahoney, Megan

Mares, John Franklynn

Martin, IV, Robert Jackson

Max, Harry Stanley

McArdle, Brendan Patrick

Messineo, Carl Leonard

Miller, Christian Ronald

Moss, William Fuller

Nelson, Jason Brent

O'Malley, Kristi Noel

Osipov, Anna

Poe, David Russell

Prentice, Adrienne Marie

Quimby, Samantha Michele

Quinlan, Krystal Erin

Rancier, April Michelle

Robison, Emma Chiampou

Rose, Andrea Denise

Ross, Brandon Alexander Strader

Saka, Joseph Mark

Scheer, Craig Michael

Schmalz, Arthur Eric

Scopin, Christina Kiyoko

Smith, Morgan Gerald

Stankewicz, Jamie Nicole

Taing, Theresa

Theis, Jacob Michael

Walker, Jr.,  Robert Benson

Whelan, Stephen James

Wilczynski, Wojtek Piotr

Wrenn, Erin Cavan

[17-23-15]

 

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court of Appeals dated October 2, 2017, GARY STEWART PEKLO, 3685 Park Avenue, Ellicott City, Maryland 21043, has been disbarred by consent, effective immediately, from the further practice of law in the 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 September 7, 2017, MARIANNE ELIZABETH MORRIS, 138 West Washington Street, Suite 200, Hagerstown, Maryland 21740, has been indefinitely suspended by consent, effective October 10, 2017, from the further practice of law in the State, and her 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 October 12, 2017, JOHN THOMAS BURCH, JR., 1015 North Pelham Street, Alexandria, Virginia 22304, has been disbarred by consent, effective immediately, from the further practice of law in the 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 October 25, 2017, WILLIAM GORDON MCLAIN, IV, 2501 Porter Street, NW, Apt. 1028, Washington, DC 20008, has been disbarred by consent, effective immediately, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

[17-23-13]

 


Regulatory Review and Evaluation

Regulations promulgated under the Administrative Procedure Act will undergo a review by the promulgating agency in accordance with the Regulatory Review and Evaluation Act (State Government Article, §§10-130 — 10-139; COMAR 01.01.2003.20). This review will be documented in an evaluation report which will be submitted to the General Assembly’s Joint Committee on Administrative, Executive, and Legislative Review.  The evaluation reports have been spread over an 8-year period (see COMAR 01.01.2003.20 for the schedule).  Notice that an evaluation report is available for public inspection and comment will be published in this section of the Maryland Register.


 


Title 10
MARYLAND DEPARTMENT OF HEALTH 

Notice of Opportunity for Public Inspection and Comment

 

In accordance with the Regulatory Review and Evaluation Act, State Government Article, §§10-130—10-139, Annotated Code of Maryland, the Maryland Department of Health is reviewing and evaluating certain regulations codified within Subtitle 52  of Title 10 of the Code of Maryland Regulations. The purpose of the review and evaluation is to determine whether existing regulations continue to accomplish the purposes for which they were adopted, clarify ambiguous or unclear language, and repeal obsolete or duplicative provisions.

 

The regulations being reviewed are:

 

Subtitle 52 Preventive Medicine

COMAR 10.52.05 Pertussis and Pertussis Vaccine

COMAR 10.52.11 Universal Infection Control Precautions

 

Interested parties may submit comments to phpa.oss@maryland.gov, with the subject “RREA COMAR 10.52.05” or the subject “RREA COMAR 10.52.11” as applicable. Comments must be received no later than December 4, 2017 at 11:59 p.m.

[17-23-07]

 

 


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 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 Final Action

[17-230-F]

On October 24, 2017, the Maryland State Board of Education adopted the repeal of existing Regulations .01 and .02 and adopted new Regulations .01— .03 under COMAR 13A.04.16 Programs in Fine Arts. This action, which was proposed for adoption in 44:18 Md. R. 871—872 (September 1, 2017), has been adopted as proposed.

Effective Date: November 23, 2017.

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

 

Title 19A
STATE ETHICS COMMISSION

Notice of Final Action

[17-205-F]

On November 2, 2017, the State Ethics Commission adopted:

(1) Amendments to Regulation .02 under COMAR 19A.01.01 General Provisions;

(2) The repeal of Regulations .01—.04 under COMAR 19A.03.04 Electronic Filing;

(3) Amendments to Appendix A and Appendix B under COMAR 19A.04 Local Government Ethics Law;

(4) Amendments to Appendix A and Appendix B under COMAR 19A.05 Board of Education Ethics Regulations; and

(5) Amendments to Regulation .06 under COMAR 19A.07.01 General.

This action, which was proposed for adoption in 44:16 Md. R. 812—816 (August 4, 2017), has been adopted as proposed.

Effective Date: November 23, 2017.

MICHAEL W. LORD
Executive Director

 

Title 33
STATE BOARD OF ELECTIONS

Subtitle 16 PROVISIONAL VOTING

Notice of Final Action

[17-236-F]

On October 31, 2017, the State Board of Elections adopted amendments to:

(1) Regulation .01 under COMAR 33.16.02 Provisional Voting Documents and Supplies;

(2) Regulation .02 under COMAR 33.16.04 Pre-Canvass Procedures;

(3) Regulations .03 and .04 under COMAR 33.16.05 Canvass of Ballots — Procedures;

(4) Regulation .03 under COMAR 33.16.07 Post-Election Procedures.

The proposed amendments to Regulation .04 under COMAR 33.16.06 Canvass of Ballots — Rejecting Ballots are being withdrawn at this time. This action, which was proposed for adoption in 44:19 Md. R. 930—931 (September 15, 2017), has otherwise been adopted as proposed.

Effective Date: November 23, 2017.

LINDA H. LAMONE
State Administrator of Elections

 

 


Proposed Action on Regulations

 


 



Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

Notice of Change to Opportunity for Public Comment

[17-265-P]

The notice of Opportunity for Public Comment which appeared at 44:22 Md. R. 1040 (October 27, 2017) has been corrected. The deadline for public comment is November 27, 2017, not November 13, 2017, as originally published. The corrected notice follows:

Opportunity for Public Comment

Comments may be sent to Sharing Gear Regulations, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through November 27, 2017. A public hearing will be held, but the time and location are yet to be determined.

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

Notice of Proposed Action

[17-260-P]

The Secretary of Natural Resources proposes to amend:

(1) Regulation .12 under COMAR 08.02.02 Soft-Shell Clams;

(2) Regulation .15 under COMAR 08.02.04 Oysters; and

(3) Regulation .03 under COMAR 08.02.07 Hard-Shell Clams.

 

 

Statement of Purpose

The purpose of this action is to clarify conflicting regulations for clamming in the Chester River. Current regulations conflict on whether clamming is allowed or prohibited in Zone A of the Chester River Oyster Recovery Area. The department would like to clarify that clamming is allowed.

Oyster Recovery Areas are areas in the Chesapeake Bay that have been designated in regulation for specific management actions. Each Oyster Recovery Area has been split into zones for the specific management actions that occur in that area. Regulations promulgated in 1996 allow clam harvesting in Zone A of the Chester River Oyster Recovery Area. Regulations promulgated in 2010 for oysters that incorporated the document titled “Oyster Sanctuaries of the Chesapeake Bay and Its Tidal Tributaries September 2010” prohibit clamming in Zone A of the Chester River Oyster Recovery Area. Prohibiting clamming in the Chester ORA Zone A sanctuary was not the department’s intention, but that was not reflected in final regulations that were adopted in 2010. The area should have been included with the other oyster sanctuaries that allow clam harvest. The proposed action creates an exception that allows clamming in the Chester ORA Zone A oyster sanctuary.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. This action may have a positive economic impact on clam harvesters and processors.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) Commercial harvesters

(+)

Indeterminable

(2) Commercial industry

(+)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

D(1). The proposed action allows clam harvest in an area that has been closed since 2010. It is indeterminable how many harvesters will take advantage of clamming in this area or if their harvest will increase; therefore, the actual value that harvesters will benefit is indeterminable.

D(2). The value to the commercial industry (dealers, packers, store fronts and restaurants) increases when harvesters have greater flexibility, but that total value is indeterminable. It is indeterminable how many harvesters will harvest clams from Zone A of the Chester River; therefore, it is indeterminable how the industry will benefit.

Economic Impact on Small Businesses

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

The proposed action opens an area that has been closed to clam harvest since 2010. It is indeterminable how many harvesters will take advantage of this area or if their harvest will increase; therefore, the actual value that harvesters will benefit is indeterminable.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Clamming in the Chester River Regulations, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

 

08.02.02 Soft-Shell Clams

Authority: Natural Resources Article, §§4-215 and 4-1033, Annotated Code of Maryland

.12 Restricted Areas.

A. (text unchanged)

B. An individual may not harvest soft-shell clams within 150 feet of a:

(1) (text unchanged)

(2) Leased area; or

(3) Public shellfish fishery area established in COMAR 08.02.04.17A[; or].

[(4)] C. [Sanctuary] Sanctuaries.

(1) Except as provided in §C(2) of this regulation, an individual may not harvest soft-shell clams within 150 feet of a sanctuary designated in Section I of “Oyster Sanctuaries of the Chesapeake Bay and Its Tidal Tributaries (September 2010)” that is incorporated by reference in COMAR 08.02.04.15A.

(2) An individual may harvest soft-shell clams from the Chester ORA Zone A sanctuary.

 

08.02.04 Oysters

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

.15 Oyster Sanctuaries.

A. (text unchanged)

B. [A person may not harvest:] Harvest from a Sanctuary.

(1) [Wild] A person may not harvest wild oysters from a sanctuary established in §A of this regulation[; or].

(2) [Clams] Except as provided in §B(3) of this regulation, a person may not harvest clams from a sanctuary designated in Section I of “Oyster Sanctuaries of the Chesapeake Bay and Its Tidal Tributaries (September 2010)” that is incorporated by reference in §A of this regulation.

(3) A person may harvest clams from the Chester ORA Zone A sanctuary.

C. (text unchanged)

 

08.02.07 Hard-Shell Clams

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

.03 General.

A.—B. (text unchanged)

C. Prohibited Areas and Exception.

(1) [An] Except as provided in §C(2) of this regulation, an individual may not harvest hard-shell clams within 150 feet of a:

[(1)] (a) — [(4)] (d) (text unchanged)

(2) An individual may harvest hard-shell clams from the Chester ORA Zone A sanctuary.

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.04 Oysters

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

Notice of Proposed Action

[17-253-P-I]

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

 

Statement of Purpose

The purpose of this action is to incorporate by reference “Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries (November 2016)”. This document contains coordinates for all Public Shellfish Fishery Areas (PSFA) in the Chesapeake Bay and its tidal tributaries. The November 2016 version of this document contains amended coordinates for PSFA 109 to exclude a 4.9-acre portion of an 11.9-acre submerged land lease and PSFA 110 to exclude a 7.7-acre submerged land lease. The proposed action also corrects a reference to statute.

The Department received an application for a 16-acre submerged land lease in September of 2010. A portion of the proposed lease site is located within PSFA 109 in Leadenham Creek, Talbot County. Since a lease may not be located in a PSFA, the lease applicants petitioned the Department to declassify the proposed lease site portion of PSFA 109 per the requirements set forth in COMAR 08.02.04.17. The application has undergone extensive resource review and the area was found to meet all but one of the established PSFA declassification criteria. The biological survey of the area within the PSFA conducted by the Department resulted in an average density of 1.95 oysters/m2, a limit that is above the required minimum criteria for declassifying a PSFA of 1 oyster/m2. However, the oysters found during the survey were confined to one area. The area where oysters were located, approximately 4.1 acres in size, was removed from the proposed lease and survey results from the remainder of the area located within the PSFA indicated that the average oyster density was less than 1 oyster/m2. Accordingly, 4.9 acres of the resulting 11.9-acre proposed lease that falls within the PSFA and meets the established declassification criteria will be declassified.

A second application for a 7.7-acre submerged land lease was received by the Department in July of 2013. The proposed lease site is located within PSFA 110 in Edge Creek, Talbot County. Since a lease may not be located in a PSFA, the lease applicants petitioned the Department to declassify the proposed lease site portion of PSFA 110. The application has undergone extensive resource review and the area was found to meet the established PSFA declassification criteria. There were no oysters found during the biological survey of this area conducted by the Department.

The Department’s resource surveys of these two areas indicate that both of the areas meet the minimum criteria for declassification, are therefore no longer viable for the commercial fishery, and may be declassified.

The shellfish aquaculture operations established at these two locations will result in rehabilitated oyster bottom that can provide both ecological and economic benefits consistent with the Department’s resource management and economic development goals.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action may have an economic impact on the regulated industry.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) Aquaculture Applicants

(+)

Indeterminable

(2) Removal of Area from PSFAs

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.)

D(1). If issued, the proposed lease sites will allow for the development of commercial aquaculture businesses in the name of the applicants. The direct economic impacts to the applicants are indeterminable. However, because these will be commercial operations, it is assumed that the applicants will be receiving revenue from the aquaculture activity that is proposed at these two sites.

D(2). This action will remove 4.9 acres and 7.7 acres of bottom from the existing PSFAs in Leadenham Creek and Edge Creek, respectively. The process for declassification of a PSFA is set forth in COMAR 08.02.04.17. Resource surveys of each of the areas yielded a density of oysters below the minimum threshold necessary to consider the bottom viable for the commercial oyster fishery. Therefore, removing the acres should have no economic impact for commercial fishermen.

Economic Impact on Small Businesses

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

The proposed lease sites will allow for the development of commercial aquaculture businesses in the name of the applicants. The direct economic impacts to the applicants are indeterminable. However, because these will be commercial operations, it is assumed that the applicants will be receiving revenue from the aquaculture activity that is proposed at these two sites.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to PSFA, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

 

Editor’s Note on Incorporation by Reference

     Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries (November 2016) has been declared a document generally available to the public and appropriate for incorporation by reference. For this reason, it will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of this document are filed in special public depositories located throughout the State. A list of these depositories was published in 44:1 Md. R. 9 (January 6, 2017), and is available online at www.dsd.state.md.us. The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

.17 Public Shellfish Fishery Area.

A. Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries [(June 2012)] (November 2016) designates public shellfish fishery areas in the Chesapeake Bay and its tidal tributaries and is hereby incorporated by reference.

B. Declassification.

(1) A person may petition the Department to declassify a portion of a public shellfish fishery area by submitting a lease application as described in COMAR 08.02.23.03A or B and Natural Resources Article, [§4-11A-08] §4-11A-09, Annotated Code of Maryland.

(2) (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 10 RACING COMMISSION

09.10.03 Prohibited Acts

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Proposed Action

[17-272-P]

The Maryland Racing Commission proposes to amend Regulation .01-1 under COMAR 09.10.03 Prohibited Acts. This action was considered at a public meeting held on September 28, 2017, notice of which appeared in the Maryland Register on September 1, 2017.

Statement of Purpose

The purpose of this action is to update the current regulation regarding the permissive threshold of detomidine that is allowed to be in a horse’s system during a race.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to J. Michael Hopkins, Executive Director, Maryland Racing Commission, 300 East Towsontown Boulevard, Towson, MD 21286, or call 410-296-9682, or email to mike.hopkins@maryland.gov, or fax to 410-296-9687. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

.01-1 Restricted Use of Medications and Other Substances.

The use of the following medications and other substances are permitted if quantitated at not more than the specified thresholds:

A. — F. (text unchanged)

G. Detomidine quantitated at not more than [1 nanogram] 2 nanograms per milliliter of carboxydetomidine in urine, or [the limit of detection for detomidine in] 1 nanogram of detomidine per milliliter of blood plasma or serum;

H. — CC. (text unchanged)

J. MICHAEL HOPKINS
Executive Director
Maryland Racing Commission

 

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.01 Board of Boiler Rules

Authority: Public Safety Article, §12-905, Annotated Code of Maryland

Notice of Proposed Action

[17-269-P]

The Commissioner of Labor and Industry proposes to amend Regulations .01, .01-1, .01-2 .08, .09, .14, .14-1, .15, .16, .16-1, .17, .27, .28, .28-1, .28-2, .28-3, .29, .34, and .35, repeal existing Regulation .19, and adopt new Regulation .19 under COMAR 09.12.01 Board of Boiler Rules. This action was considered by the Board of Boiler Rules pursuant to a meeting held on April 19, 2017, notice of which was given in 44:8 Md. R. 427 (April 14, 2017) in accordance with General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend Maryland’s existing boiler and pressure vessel regulations to align with industry practice and current industry consensus standards. These amendments clarify what is required to operate, inspect, and own a boiler or pressure vessel, including historical boilers. This proposal amends provisions related to inspections, hearings, installation/reinstallation, portable boilers, reporting requirements, quality assurance programs, safety appliance removal, and historic boilers.

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 Mischelle Vanreusel, Regulatory and Grants Coordinator, Division of Labor and Industry, 1100 North Eutaw Street, Room 604, Baltimore, MD 21201, or call 410-767-2225, or email to mischelle.vanreusel@maryland.gov, or fax to 410-767-2986. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

.01. Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “ASME Code” means the “ASME Boiler and Pressure Vessel Code” of the American Society of Mechanical Engineers with revisions, amendments, and interpretations adopted by the [Council of the Society and approved and adopted by the] Board of Boiler Rules.

[(2) “Antique boiler” means a boiler commercially fabricated more than 30 years before the inspection date, and operated primarily for demonstration, exhibition, or instructional purposes and not for profit.]

(2) “Antique boiler” means a boiler that is:

(a) Fabricated and stamped:

(i) In accordance with the ASME Code or another nationally recognized boiler construction standard; and

(ii) More than 30 years before the date of the inspection;

(b) Operated primarily for demonstration, exhibition, or instructional purposes and not for profit; or

(c) Constructed, inspected, and stamped in accordance with the ASME Code and registered with the National Board of Boiler and Pressure Vessels Inspectors to replace a historical boiler.

(3) (text unchanged)

[(3-1) “Authorized insurer” means a company licensed to insure and insuring boilers and pressure vessels in the State.]

(4) “Authorized Inspection Agency” means an entity that:

(a) Is accredited in accordance with the National Board of Boiler and Pressure Vessel Inspectors NB-369, Qualifications and Duties for Authorized Inspection Agencies Performing Inservice Inspection Activities and Qualifications for Inspectors of Boilers and Pressure Vessels;

(b) Is accredited in accordance with the National Board of Boiler and Pressure Vessel Inspectors NB-371, Accreditation of Owner-User Inspection Organizations (OUIO); or

(c) Meets the qualifications and definition of the National Board of Boiler and Pressure Vessel Inspectors NB-360, Criteria for Acceptance of Authorized Inspection Agencies for New Construction.

(5) “Authorized Insurer” means an authorized inspection agency licensed to insure boilers and pressure vessels in Maryland.

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

[(4-1)] (7) “Boiler external piping” means piping which:

(a) Begins where the boiler proper terminates at the:

(i) First circumferential joint for [welding] welded end connections;

(ii) Face of the first flange in bolted [hanged] flanged connections; or

(iii) First threaded joint [in that type of connection; and]in threaded connections; and

(b) Extends up to and including the valve or valves required by Section [1] I or Section [4] IV of the ASME [Boiler and Pressure Vessel ]Code.

(8) “Certificate of Competency” means a certificate issued by the Chief Boiler Inspector indicating the suitability and fitness of an individual to inspect boilers and pressure vessels in Maryland.

[(5) “Certificate inspection” means an inspection as defined by Public Safety Article, §12-901(e), Annotated Code of Maryland, the report of which is used by the chief boiler inspector as justification for issuing, withholding, or revoking an inspection certificate.]

(9) “Certificate inspection” means an inspection the report of which is used by the Chief Boiler Inspector to determine whether to issue a certificate.

(10) “Certificate of inspection for repair or alteration” means the certificate inspection performed after a repair or alteration to determine suitability of the object for return to service.

[(5-1)] (11)[(7)] (13) (text unchanged)

[(8) “Existing boiler” means a boiler in actual use, or installed and ready for use, before July 1, 1969, but does not include a secondhand boiler or boiler that is to be reset.]

(14)”Existing boiler or pressure vessel installation” means:

(a) A boiler constructed, installed, placed in operation, or contracted for before July 1, 1969, excluding antique boilers, historical boilers or model steam boilers; or

(b) A pressure vessel constructed, installed, placed in operation, or contracted for before January 1, 1974, excluding antique boilers, historical boilers or model steam boilers.

[(9) Existing Installation.

(a) “Existing installation” means a boiler constructed, installed, placed in operation, or contracted for before July 1, 1969, or a pressure vessel constructed, installed, placed in operation, or contracted for before January 1, 1974.

(b) “Existing installation” does not include antique boilers or model steam boilers.]

[(10)] (15) (text unchanged)

(16) “Follow up inspection” means an inspection performed after a boiler or pressure vessel has been determined to be nonconforming with applicable laws and regulations.

[(11) “Heating boiler” means a steam boiler operated at pressures not exceeding 15 PSIG, or a hot water heating boiler operated at pressures not exceeding 160 PSIG or temperatures not exceeding 250°F at or near the boiler outlet. “Heating boiler” includes a vessel used in connection with it as an expansion tank.]

(17) Heating Boiler.

(a) “Heating boiler” means:

(i) A steam boiler that operates at pressures not exceeding 15 PSIG; or

(ii) A hot water boiler operated at pressures not exceeding 160PSIG or temperatures not exceeding 250°F at or near the boiler outlet.

(b) “Heating boiler” includes a vessel used in connection with it as an expansion tank.

[(12)] (18) “High-pressure, high-temperature water boiler” means a water boiler [operating]that operates at [pressure]pressures exceeding 160 PSIG or temperatures exceeding 250°F at or near the boiler outlet.

[(13) “Hot water supply boiler” means a boiler furnishing hot water for use external to itself at pressures not greater than 160 PSIG or temperatures not exceeding 250°F at or near the boiler outlet.]

(19) “Historical boiler” means a boiler that is:

(a) Riveted and/or welded construction;

(b) Not under the jurisdiction of the Federal Railroad Administration;

(c) Not used for profit; and

(d) An antique boiler, steam tractor, traction engine, hobby steam boiler, or portable steam boiler that is preserved, restored, and maintained for demonstration, viewing, or educational purposes.

(21) “Hobby steam boiler” means a model steam boiler.

(22) “Hot water heating boiler” means a heating boiler furnishing hot water circulated to return to itself.

(23) “Hot water supply boiler” means a heating boiler furnishing hot water for use external to itself.

(24) “Individually fabricated” means constructed, inspected, and stamped in accordance with the ASME Code, or other standard accepted by the Chief Boiler Inspector.

[(14)] (25)— [(14-1)] (26) (text unchanged)

[(15)] (27) “Internal inspection” means an examination as complete as [is reasonable under the circumstances,]possible of the internal and external surfaces of a boiler or pressure vessel conducted while it is not in operation, and with all manhole plates, [handhole] hand hole plates, and other coverings of inspection openings removed.

[(15-1) “Kitchen equipment boiler” means a boiler directly fired with gas, oil, or electricity, located in a kitchen, and used for cooking or related purposes.]

(28) “Kitchen” means an area used for the preparation or processing of food for human consumption.

(29) “Kitchen equipment boiler” means a boiler located in a kitchen, and used for cooking or related purposes.

[(16)] (30) (text unchanged)

(31) “Maryland inspection report form” means the form submitted by an inspector and available on the Department’s website.

(32) “Miniature boiler” means a boiler when none of the following limitations are exceeded:

(a) 16 inches inside diameter of shell;

(b) 20 square feet heating surface, except for an electric boiler;

(c) 5 cubic feet gross volume, exclusive of casing and insulation; and

(d) 100 psig maximum allowable working pressure.

[(17) “Major repair” means a repair affecting the strength of a boiler or pressure vessel.]

(33) “Model steam boiler” means a boiler that is individually fabricated for non-commercial use and that is used primarily for demonstration, exhibition, or educational purposes, and not used for profit.

[(18) “Maximum allowable working pressure” means the calculated boiler pressure, based on the code formulas, which may be equal to or higher, but not less than, the maximum operating pressure.]

(34) “Maximum allowable operating pressure” means the maximum pressure at which a boiler or pressure vessel is permitted to operate as determined by an inspector after an inspection and which is equal to or less than the maximum allowable working pressure.

[(19) “Maximum operating pressure” means the highest pressure at which a boiler is approved to operate, as shown on the inspection certificate.]

(35) “Maximum allowable working pressure” means the maximum pressure at which a boiler or pressure vessel is designed to operate as determined by the manufacturer in accordance with the construction code.

[(20) “Miniature boiler” means a boiler that is directly fired with gas, oil, electricity, or any other fossil fuel when none of the following limitations are exceeded:

(a) 16 inches inside diameter of shell;

(b) 20 square feet heating surface;

(c) 5 cubic feet gross volume, exclusive of casing and insulation; and

(d) 100 PSIG maximum allowable working pressure.

(21) “Model steam boiler” means a boiler that is individually fabricated for noncommercial use, and is used primarily for demonstration, exhibition, or educational purposes, and not for profit.]

[(22)] (36) “Modular boiler system” means a series of boiler units specifically designed to be used singularly or together in sequential operation.

[(23)] (37) “National Board” means the National Board of Boiler and Pressure Vessel Inspectors.

[(24) “New boiler or pressure vessel installation” means a boiler or pressure vessel constructed, installed, placed in operation, or contracted for after January 1, 1974.]

(38) “NBIC” means the National Board Inspection Code.

(39) “New boiler or pressure vessel installation” means:

(a) A boiler constructed, installed, placed in operation, or contracted for after July 1, 1969; or

(b) A pressure vessel constructed, installed, placed in operation, or contracted for after January 1, 1974.

[(25)] (40) “Nonstandard boiler or pressure vessel” means a boiler or pressure vessel that does not bear the stamp of: [Maryland or of another state or political subdivision which has adopted a standard of construction equivalent to that required by the Board of Boiler Rules, or the stamp of ASME or the National Board.]

(a) Maryland;

(b) Another jurisdiction which has adopted a standard of construction equivalent to that required by the Board of Boiler Rules;

(c) The ASME; or

(d) The National Board.

[(26)] (41) (text unchanged)

[(26-1) “Person” means an installer, owner, or operator of a boiler or pressure vessel, a repair organization, or a company licensed to insure boilers and pressure vessels in the State.

(26-2) “Owner-user company” means a company operating pressure vessels in the State which are regularly inspected and rated by an established inspection service under the supervision of one or more engineers whose qualifications are satisfactory to the Board and in accordance with this chapter.]

(42) “Owner-user inspection service” means an owner of a boiler or pressure vessel in Maryland, who maintains a regularly established inspection department whose inspection procedures meet the applicable requirements of the National Board of Boiler and Pressure Vessel Inspectors and are acceptable to the Board.

(43) “Person” means an installer, owner, or operator of a boiler or pressure vessel, a repair organization, or a company licensed to insure or inspect boilers and pressure vessels in the State.

(44) “Portable boiler or pressure vessel” means a boiler or pressure vessel that is not historical but meets the following requirements:

(a) Is set on a frame, platform or trailer; and

(b) Is designed to be moved to different locations for use.

(45) “Portable steam boiler” means a historical boiler that is:

(a) Not self-propelled;

(b) Set on a frame, platform, or trailer; and

(c) Designed to be moved to different locations for use.

[(27) “Portable boiler” means an internally fired boiler which is primarily intended for temporary location, and whose construction and usage permit it to be readily moved from one location to another.]

[(28)] (46)— [(29)] (47) (text unchanged)

[(30) “Reinstalled boiler or pressure vessel” means a boiler or pressure vessel removed from its original setting and reinstalled at the same location or at a new location, without change of ownership.

(31) “Secondhand boiler or pressure vessel” means a boiler or pressure vessel that has changed both location and ownership since the last certificate inspection.

(32) “Standard boiler or pressure vessel” means a boiler or pressure vessel that bears the stamp of Maryland or of another state that has adopted a standard of construction equivalent to that required by the Board of Boiler Rules, or the stamps of both ASME and the National Board, or that is of equivalent safe construction acceptable to the Board.]

(48) “Standard boiler or pressure vessel” means a boiler or pressure vessel that:

(a) Bears the stamp of Maryland;

(b) Bears the stamp of another jurisdiction which has adopted a standard of construction equivalent to that required by the Board of Boiler Rules;

(c) Bears the stamps of both ASME and the National Board; or

(d) Is of equivalent safe construction acceptable to the Board.

(49) “Used boiler or pressure vessel” means a boiler or pressure vessel which has been removed from its original setting and reinstalled at the same or different location.

[(33)] (50) “Water heater” means a closed vessel [in which water is heated by the combustion of fuels, electricity, or any other source and withdrawn for use external to the system at pressures not exceeding 160 psig (1100 kPa gage), and shall include the apparatus by which heat is generated and all controls and devices necessary to prevent water temperatures from exceeding 210°F (99°C).] with openings through which water may flow and includes:

(a) An apparatus by which heat is generated;

(b) Controls necessary to prevent pressures greater than 160 psig and water temperatures greater than 210 degrees F; and

(c) Potable water that is withdrawn for external use.

[(34)] (51) (text unchanged)

.01-1 Incorporation by Reference.

A. The following documents are incorporated by reference to the extent that they are referenced in this chapter:

(1) (text unchanged)

(2) National Board Inspection Code — A Manual for Boiler and Pressure Vessel Inspectors:

(a)—(g) (text unchanged)

(h) 2011 Edition[, as amended].

B. (text unchanged)

C. Controls and Safety Devices for Automatically Fired Boilers (CSD-1) (American Society of Mechanical Engineers).

(1) (text unchanged)

(2) The following are exempt from the requirements of ASME CSD-1:

(a) (text unchanged)

(b) Miniature boilers, except as required in Regulation .37 of this chapter; [and]

(c) Kitchen equipment boilers, except as required in Regulation .38 of this chapter[.]; and

(d) Historical boilers.

.01-2 Compliance.

In the event of a conflict between a regulation [set forth in Regulations .02—.38 of this chapter and a code referenced in Regulation .01-1 of this chapter, a person shall comply with the provision in the referenced code.] in this chapter and a code section incorporated by reference, the provisions of this chapter control.

.08 Hazardous Condition.

A. A special inspector [employed by an insurance company] who finds a hazardous condition affecting the safety of a boiler or pressure vessel shall notify the chief boiler inspector in accordance with Regulation .28 of this chapter.

B. If a special inspector [employed by an insurance company] determines that a boiler or pressure vessel is unsafe for operation:

(1)—(2) (text unchanged)

C. If, upon inspection, the chief boiler inspector or a deputy boiler inspector declares a boiler or pressure vessel unsafe:

(1) (text unchanged)

(2) Use or operation of the condemned boiler or pressure vessel shall subject the [user or operator]owner to the penalties provided by Public Safety Article, §12-915, Annotated Code of Maryland.

.09 Hearings.

[A. This regulation supplements the requirements of the Administrative Procedure Act, Contested Cases, Title 10, Subtitle 2, State Government Article, Annotated Code of Maryland.

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

(1) “Agency” means the Division of Labor and Industry.

(2) “Presenter of evidence” means the Assistant Attorney General assigned to present charges and evidence on behalf of the agency.

C. Notice of Hearing.

(1) Notice of a hearing shall be served on all parties at least 15 days before the hearing.

(2) The notice shall:

(a) State the time, place, and nature of the hearing;

(b) State the authority of the agency to hold the hearing;

(c) Cite the specific section of each pertinent statute and regulation, including procedural regulations; and

(d) State concisely and simply the facts asserted, or if the facts cannot be stated in detail when the notice is given, the issues involved.

D. Manner of Service.

(1) The notice of hearing shall be served on each party other than the agency by:

(a) Certified mail, return receipt requested; or

(b) Personal delivery, provided the person serving the document certifies to the manner and date of service.

(2) Unless otherwise required by law or regulation, a party may be served with a document other than a notice of hearing by:

(a) Personal delivery, provided the person serving the document certifies to the manner and date of service; or

(b) First class mail sent to the last known address of the party.

(3) If a party neglects, refuses, or avoids receiving or accepting notice of a hearing, the hearing may proceed on a satisfactory showing that the party:

(a) Had actual knowledge of the hearing at least 3 days before the scheduled hearing date; or

(b) Does not intend to participate in the hearing.]

A. A hearing shall be held in accordance with the requirements of the Administrative Procedure Act, Title 10, Subtitle 2, State Government Article, Annotated Code of Maryland.

B. The Commissioner delegates the authority to issue a proposed decision on a citation or penalty to the Office of Administrative Hearings.

C. A proposed decision of the Office of Administrative Hearings becomes a final order of the Commissioner 20 days after the date it is issued, unless:

(1) The person found to have violated Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law, requests a review; or

(2) The Commissioner orders review.

D. Review of Proceedings Before the Commissioner.

(1) A request for review by a person found to have violated Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law, shall:

(a) Be in writing;

(b) Contain a concise statement identifying each portion of the determination for which a review is requested;

(c) Be filed with the Commissioner within 20 days after the date the determination is issued; and

(d) Be mailed by the requesting party to all other parties to the proceeding.

(2) Affected parties have the opportunity to present argument to the Commissioner based on the record before the Office of Administrative Hearings.

(3)    Order of the Commissioner.

(a) After review of the proceedings, with or without a hearing, the Commissioner shall:

(i) Issue an order based on findings of fact; and

(ii) Mail copies of the order to all affected parties.

(b) The Commissioner’s order shall affirm, modify, or vacate the citation or proposed penalty, or direct other appropriate relief.

E. Hearings Before the Board of Boiler Rules.

(1)—(2) (text unchanged)

(3) Presiding Officer.

(a) At a hearing before the Board [of Boiler Rules], the chairman of the Board or, in the chairman’s absence, the chairman’s designee, shall be the presiding officer.

[(b) At a hearing on a citation or penalty, the presiding officer shall be the Commissioner or an individual designated by the Commissioner.

(c)] (b) A presiding officer may:

(i)—(vi) (text unchanged)

(4) (text unchanged)

(5) Hearing Procedure.

(a)—(b) (text unchanged)

(c) The following exhibits shall be introduced:

[(i) If the presiding officer is a designee, a copy of the letter designating the individual to preside at the hearing;

(ii)] (i) A copy of the petition, complaint, or other matter involved in the hearing; and

[(iii)] (ii) A copy of the notice of hearing.

[(d) Order of Testimony.

(i)] (d) In a hearing on an application for variance, the applicant shall proceed first and present evidence to demonstrate either that the subject regulation is unreasonable or that it imposes an undue burden on the applicant, and that equivalent safety can be maintained. The presenter of evidence shall then present information obtained as a result of the agency’s investigation of the application.

[(ii) In all other hearings, the presenter of evidence shall proceed first and present evidence obtained as a result of the agency inspection.]

(e) (text unchanged)

(f) [At a hearing before the Board of Boiler Rules, any]Any member of the Board may examine a witness.

(g) The [presiding officer] Board may permit or require a party to file a written memorandum, which may include proposed findings of fact and conclusions of law.

F. The [presiding officer] Board shall:

(1)—(2) (text unchanged)

G. (text unchanged)

.14 Inspection Intervals.

A.—B. (text unchanged)

C. [Boilers and] A boiler or pressure [vessels] vessel that [are] is part of an amusement attraction, as defined by Business Regulation Article, §3-101(b), Annotated Code of Maryland, shall receive a certificate inspection annually.

D. A historical boiler shall be inspected at intervals specified in Regulation .34 of this chapter.

.14-1 Inspection.

A.—F. (text unchanged)

G. An inspector is authorized to:

(1) Conduct inspections in accordance with [Section 176 of the Boiler and Pressure Vessel Safety Act] Public Safety Article, §12-909, Annotated Code of Maryland ; and

(2) Review and verify records required by [the Boiler and Pressure Vessel Safety Act] Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, and by Codes referenced in Regulation .01-1 of this chapter.

.15 Inspection Certificate.

A. (text unchanged)

B. An inspection certificate becomes invalid:

(1) On its expiration date; or

(2) When the boiler or pressure vessel for which it was issued ceases to be:[insured by a duly authorized insurance company; or]:

(a) Insured by an authorized insurer; or

(b) Owned by an owner-user inspection service.

[(3) When the pressure vessel for which it was issued ceases to be operated by a duly authorized company.]

.16 Inspector.

A.—B. (text unchanged)

C. Application Procedure for Certificate of Competency.

(1) An applicant shall apply to take an examination:

(a) On the form furnished by the [Commissioner of Labor and Industry]Chief Boiler Inspector; and

(b) (text unchanged)

(2) The applicant shall provide:

(a)—(d) (text unchanged)

(e) [A] Upon approval of the application by the Chief Boiler Inspector, a $50 examination fee, payable [by check] to the Division of Labor and Industry.

(3) An individual applying for a Certificate of Competency as a special inspector on the basis of a commission issued by the National Board of Boiler and Pressure Vessel Inspectors shall submit an application:

(a) On the form furnished by the [Commissioner of Labor and Industry] Chief Boiler Inspector; and

(b) (text unchanged)

(4) (text unchanged)

D. (text unchanged)

E. The chief boiler inspector shall issue a Certificate of Competency to an applicant who:

(1) (text unchanged)

(2) Is a full-time employee of an authorized inspection agency [as defined by the National Board].

F. Special Inspector Commission Application Procedure.

(1) An authorized [insurer or, an owner-user company employing an individual] inspection agency or an owner-user inspection service employing an individual applying for a special inspector commission shall:

(a) Submit a completed application form to the chief boiler inspector, setting forth the following:

(i)—(iii) (text unchanged)

(iv) The dates of the applicant’s employment with each employer; and

(v) The position the applicant held with each employer.[; and]

[(vi) The $50 examination fee, payable by check to the Division of Labor and Industry;]

(b) (text unchanged)

(2) (text unchanged)

(3) Upon approval of the special inspector commission by the chief boiler inspector, the authorized [insurer] inspection agency or owner-user [company] inspection service shall pay a $50 special inspector commission fee, payable [by check] to the Division of Labor and Industry.

G. Unless the authorized [insurer]inspection agency or owner-user [company] inspection service complies with the renewal provisions of §H of this regulation, a special inspector commission expires:

(1) (text unchanged)

(2) [On the second March 1 after the initial issuance of the special inspector commission; or] On March 1 of the next odd number year after the initial issuance of the special inspector commission; or

(3) [On the second March 1 after renewal of the special inspector commission.] On March 1 of the next odd number year after renewal of the special inspector commission.

H. To renew a special inspector commission, the authorized [insurer] inspection agency or the owner-user [company] inspection service employing the special inspector shall, at least 30 days before the special inspector commission is scheduled to expire, provide documentation that:

(1)—(2) (text unchanged)

(3) The special inspector remains in the employ of the authorized [insurer] inspection agency or the owner-user [company] inspection service.

I.—J. (text unchanged)

.16-1 Authorized Inspection Agency Insurance Requirements.

A. [Except for authorized insurers, the authorized inspection agency shall provide the Commissioner with a certified copy of an insurance policy covering liability related to the authorized inspection agency’s special inspectors performing inspections on boilers and pressure vessel units in Maryland.] An authorized inspection agency shall have general liability insurance and professional liability insurance to cover its inspection activities.

B. [The insurance policy] An insurance policy required by this section shall be issued by an insurance company authorized to do business in Maryland.

C. (text unchanged)

D. The authorized inspection agency shall notify the Commissioner of any [material insurance policy] alterations or cancellations within 5 business days [of receiving the alteration or cancellation].

.17 Installation.

A. [Notice of Installation.] A new or used boiler, pressure vessel, or piping installation or reinstallation shall be installed in accordance with this chapter.

B. Notice of Installation.

(1) At least 30 days before installing or reinstalling a boiler or pressure vessel, the installer shall file with the chief boiler inspector written notice of the installation.

(2) (text unchanged)

(a) Installer’s name, company name, contact person, address, telephone number, [and] fax number, and email address;

(b) [Site name, address, and telephone number;] Owner’s name, company name, contact person, street address, telephone numbers, fax number, and email address;

(c) [Type of boiler or pressure vessel and National Board registration number;] User’s name, company name, contact person, street address, telephone numbers, fax number, and email address;

(d) [Manufacturer and serial number; and] Name of the location where the boiler or pressure vessel is installed, company name, contact person, street address, telephone numbers, fax number, and email address;

(e) [Tentative date of installation.] Type and use of boiler or pressure vessel;

(f) If a boiler, the type of fuel;

(g) If a pressure vessel, the pressurized fluid;

(h) The minimum required safety valve capacity;

(i) If the boiler or pressure vessel is greater than 30 boiler horsepower input or 1,000,000 Btu/hr minimum required safety valve capacity, and operates at greater than 15 psig, the name and Maryland license number of the stationary engineer responsible for the boiler or pressure vessel;

(j) Manufacturer, date of manufacture, National Board number, and manufacturer’s serial number;

(k) Construction code and section and stamp;

(l) Name and contact information of the authorized inspection agency for the installation;

(m) Planned date of installation, and planned date of startup; and

(n) Whether a waiver of the 30 day notice requirement under subsection c of this section is requested, with a detailed explanation.

[B.] C. Waiver of 30-day Notice Requirement.

(1) If emergency or unusual circumstances are established by the installer, the chief boiler inspector shall waive the 30-day notice requirement [of §A of this regulation].

(2) To obtain a waiver, the installer shall file a written waiver request with the [chief boiler inspector:] Chief Boiler Inspector as soon as the emergency or unusual circumstances arise; and give a detailed explanation of the emergency or unusual circumstances.

[(a) As soon as the emergency or unusual circumstances arise; and

(b) Containing a detailed explanation of the emergency or unusual circumstances.

(3) If the Commissioner grants a waiver under this section, the Commissioner shall also advise the installer of when the notice is due.

C. A new boiler, pressure vessel, or piping installation, including a reinstalled or secondhand boiler or pressure vessel, shall be installed in accordance with this chapter.

D. An owner installing used equipment shall furnish complete data acceptable to the chief boiler inspector.]

(3) If the Chief Boiler Inspector grants a waiver under this section, the Chief Boiler Inspector shall also advise the installer of when the notice is due.

D. Except for an existing boiler or pressure vessel being reinstalled, or as otherwise provided by this regulation, a boiler or pressure vessel may not be installed unless:

(1)    The boiler or pressure vessel has been constructed, inspected and stamped in accordance with the ASME Code and registered with the National Board;

(2) The boiler or pressure vessel has been:

(a) Constructed, inspected and stamped in accordance with the ASME Code;

(b) Inspected and the inspector recommends acceptance; and

(c) The Chief Boiler Inspector accepts the inspector’s recommendation; or

(3)    The boiler or pressure vessel has been constructed equal to or greater than Maryland standards and:

(a) The person intending to construct or install the boiler or pressure vessel:

(i) Applies to the Chief Boiler Inspector for approval prior to installation; and

(ii) Together with the application files the manufacturer’s data report covering construction of the boiler or pressure vessel;

(b) An inspector inspects the boiler or pressure vessel during construction and approves the design, materials, fabrication, welding, welding specification, welder’s qualifications, processes and workmanship; and

(c) The Chief Boiler Inspector approves the boiler or pressure vessel and its installation.

[E. Before beginning construction of a boiler or pressure vessel which is of special design, or which will not bear the stamp of ASME and the National Board:

(1) Details of the proposed construction shall be submitted to the chief boiler inspector; and

(2) The chief boiler inspector’s approval shall be obtained.]

E. Reinstallation

(1) A used boiler or pressure vessel not moved to another state for use, or repair, or alteration may be reinstalled if the:

(a) Owner applies to the Chief Boiler Inspector for permission;

(b) Owner submits documents required by the Chief Boiler Inspector; and

(c) Chief Boiler Inspector approves the reinstallation.

(2)    A used standard boiler or pressure vessel, if moved outside the state for use, repair, or alteration, may be reinstalled if the:

(a) Owner applies to the Chief Boiler Inspector for permission;

(b) Owner submits documents required by the Chief Boiler Inspector; and

(c) Chief Boiler Inspector approves the reinstallation.

(3) A used nonstandard boiler or pressure vessel, if moved outside the State for use, repair or alteration, may be reinstalled in Maryland if the:

(a) Owner applies to the Chief Boiler Inspector and the Board for permission;

(b) Owner submits documents required by the Chief Boiler Inspector and the Board; and

(c) The Board of Boiler Rules approves the reinstallation.

[F. A nonstandard boiler or pressure vessel may not be shipped into Maryland for operation without permission of the Board of Boiler Rules.

G. Except for an antique boiler, an existing boiler or pressure vessel being reinstalled, or as otherwise provided by this regulation, a boiler or pressure vessel may not be installed unless it:

(1) Has been constructed, inspected, and stamped in accordance with the ASME Code and registered with the National Board;

(2) Has been constructed, inspected, and stamped in accordance with the ASME Code, and:

(a) A deputy boiler inspector or special inspector recommends its installation based on a satisfactory inspection which may, at the inspector’s discretion, include nondestructive tests, and

(b) The chief boiler inspector approves the installation; or

(3) Is constructed equivalent to Maryland standards, provided that:

(a) The person intending to install the boiler or pressure vessel:

(i) Applies to the chief boiler inspector, before beginning construction, for approval of the installation, and

(ii) Together with the application, files the manufacturer’s data report covering construction of the boiler or pressure vessel, and

(b) The chief boiler inspector approves the application.

H. Reinstallation.

(1) A standard or ASME boiler or pressure vessel located in Maryland, but moved to another state for temporary use or repair, may not be reinstalled in Maryland unless the:

(a) Owner applies to the chief boiler inspector for permission; and

(b) Chief boiler inspector approves the reinstallation.

(2) A nonstandard boiler or pressure vessel now in use in Maryland, if moved outside the State, may not be returned to Maryland and reinstalled without the permission of the Board of Boiler Rules.

(3) Before a used or secondhand boiler or pressure vessel may be reinstalled in Maryland:

(a) It shall be inspected by an inspector:

(i) Qualified by examination equal to that required by law or regulation, or

(ii) Who holds a commission from the National Board of Boiler and Pressure Vessel Inspectors; and

(b) The owner of the boiler or pressure vessel shall:

(i) File with the chief boiler inspector the data submitted by the inspector, and

(ii) Obtain the chief boiler inspector’s approval.]

(4) (text unchanged)

[I. After a boiler or pressure vessel is installed, an inspector shall conduct an internal inspection.]

.19 Portable Boilers and Pressure Vessels.

A. The installer and owner of a portable boiler or pressure vessel shall comply with all requirements of this chapter.

B. While a portable boiler or pressure vessel is being moved, it shall not be operated.

C. A portable boiler or pressure vessel shall receive an internal and external certificate inspection:

(1) Annually; and

(2) After it has been moved to a different location and installed before use.

.27 Repair.

A. All repairs and alterations of boilers and pressure vessels shall conform to the requirements of the [National Board Inspection Code] NBIC.

B. (text unchanged)

C. The person certifying that the repair or alteration is complete and in accordance with the NBIC shall be a special inspector, deputy boiler, or Chief Boiler Inspector.

.28 Reporting Requirements.

A. Accident or Explosion Report.

(1) After an accident or explosion the owner or operator shall notify the chief boiler inspector within[:] 24 hours by email and by telephone.

[(a) 24 hours by telephone; and

(b) 48 hours in writing.]

(2) Notification under §A(1) of this regulation shall contain the following information regarding the accident or explosion:

(a) Name, address, [and] telephone number, and other contact information of the individual reporting the incident;

(b)—(e) (text unchanged)

(f) Manufacturer, year of manufacture, and serial number;

(g) (text unchanged)

(h) Injuries, including fatalities; and

(i) (text unchanged)

(3) [An] A special inspector, immediately upon receiving a report of an accident or explosion, shall notify the chief boiler inspector.

(4) (text unchanged)

B. [A manufacturer shall file with the chief boiler inspector, through the National Board, a manufacturer’s data report for each of its boilers and pressure vessels to be operated in Maryland.] An inspector shall file a report of a hazardous condition that affects the safe operation of a boiler or pressure vessel with the Chief Boiler Inspector within 24 hours by email.

C. [Certificate Inspections.] An authorized insurer shall file a report with the Chief Boiler Inspector by email within 24 hours if the insurance policy is cancelled, not renewed, or suspended due to an unsafe condition.

[(1) An authorized insurer employing a special inspector shall submit to the chief boiler inspector a report of each certificate inspection within 30 days of the inspection date.

(2) The certificate inspection report shall include at least the following information:

(a) Inspecting authorized insurer;

(b) Name and address of the owner of the boiler or pressure vessel;

(c) Location and address of the boiler or pressure vessel;

(d) Date of the inspection;

(e) Name and address of the entity using the boiler or pressure vessel;

(f) Maryland registration number and National Board registration number;

(g) Manufacturer and serial number;

(h) Year the boiler or pressure vessel was built;

(i) Maximum allowable working pressure;

(j) Pressure at the time of inspection; and

(k) Any violations.

(3) Reports shall be filed in an electronic format that is acceptable to the chief boiler inspector. The chief boiler inspector shall notify authorized insurers of the acceptable electronic formats. If a report is not submitted electronically, the report shall be submitted on the National Board form NB-6 and NB-7, and is subject to a filing fee as provided in Public Safety Article, §12-910(a)(3), Annotated Code of Maryland.

(4) The failure to submit a complete report that includes all of the information set forth in §C(2) of this regulation and in the format set forth in §C(3) of this regulation:

(a) Shall result in the rejection of the report by the chief boiler inspector; and

(b) May result in the imposition of penalties as provided in Regulation .36 of this chapter.

D. An authorized insurer shall notify the chief boiler inspector within 30 days of each boiler or pressure vessel for which an insurance policy is issued, cancelled, not renewed, or suspended because of unsafe conditions.]

D. An authorized insurer shall file a report with the Chief Boiler Inspector by email within 24 hours where the insurance coverage is denied as a result of an inspector’s first inspection.

[E. If an authorized insurer refuses insurance based on a special inspector’s first inspection of a boiler, pressure vessel, or appurtenance that is a new risk, the authorized insurer shall immediately:

(1) Notify the chief boiler inspector; and

(2) Submit a report on the defects.

F. A special inspector who finds a hazardous condition affecting the safety of a boiler or pressure vessel shall notify the chief boiler inspector:

(1) Within 24 hours; and

(2) On National Board form NB-6 or NB-7.

G. Repair and Alteration Reports.

(1) A person performing repairs or alterations on a boiler or pressure vessel shall provide the chief boiler inspector and the owner with a written report of each repair within 30 days of the completion of the repair or alteration.

(2) The report required under §G(1) of this regulation shall include the following information about the boiler or pressure vessel:

(a) Name and address of the company performing the repair or alteration;

(b) Owner and location, including the address of the boiler or pressure vessel;

(c) Maryland registration number and National Board registration number;

(d) Manufacturer and serial number;

(e) Description of the repair or alteration; and

(f) Completion of certificate of compliance and certificate inspection.]

E. Inspection Report.

(1)    Within 30 days of the inspection date, an authorized inspection agency shall submit to the Chief Boiler Inspector:

(a) A report of each certificate inspection; and

(b) A report of each inspection of a boiler or pressure vessel that did not have a valid certificate at the time of the inspection.

(2) The inspection report shall include at least the following information:

(a) Date of the inspection;

(b) Maryland registration number;

(c) Owner’s identification number;

(d) Manufacturer, year of manufacture, National Board registration number, manufacturer’s serial number;

(e) Year of installation;

(f) Location and address of the boiler or pressure vessel;

(g) Name and address of the owner of the boiler or pressure vessel;

(h) Name and address of the primary contact of the boiler or pressure vessel;

(i) Name and address of the person to whom a certificate should be sent;

(j) Name and address of the person to whom an invoice should be sent;

(k) Specific location in the plant;

(l) Type and use of the boiler or pressure vessel;

(m) Whether a variance has been granted and if so, the terms of the variance;

(n) ASME symbol stamped on the boiler or pressure vessel;

(o) If a boiler, the fuel, the fuel train code, and the firing method;

(p) If a pressure vessel, the pressurized fluid;

(q) The stamped maximum allowable working pressure and the maximum allowable operating pressure and the set pressure of the pressure relief device;

(r) The minimum required capacity of the pressure relief device, and the total installed pressure relief capacity;

(s) The status of the boiler or pressure vessel;

(t) The inspection type;

(u) Whether a certificate is posted;

(v) Whether the pressure gage was tested;

(w) Whether the inspector recommends that a certificate be issued;

(x) Whether a hydrostatic pressure test was performed, and if so, at what pressure;

(y) Complete nameplate information or a photograph or rubbing of the nameplate;

(z) A statement of the condition of the boiler or pressure vessel, in general and specifically as needed, including violations;

(aa) If violations were noted, the recommended corrective action to take;

(bb) The name of the owner or owner’s representative to whom the report was explained, with contact information;

(cc)The name of the authorized inspection agency; and

(dd) The name of the inspector, the inspector’s National Board commission number, and the inspector’s Maryland commission number.

(3)    An inspection of a historical boiler shall be reported on:

(a) National Board Form C-1; and

(b) A Maryland inspection report form.

(4) Method of Filing an Inspection Report

(a) A report shall be submitted electronically in the format required by the Chief Boiler Inspector, unless to do so would create an undue burden.

(b) If a report is not submitted electronically in the format required by the Chief Boiler Inspector it shall be:

(i) Submitted on the Maryland inspection report form; and

(ii) Subject to a filing fee, payable by the authorized inspection agency.

F. An authorized insurer shall file a report of insurance change with the Chief Boiler Inspector within 30 days after an insurance policy is issued, cancelled, not renewed, or suspended for any reason.

G. An authorized insurer shall file a manufacturer’s data report with the Chief Boiler Inspector through the National Board for each of its boilers and pressure vessels to be operated in Maryland.

H. Repair and Alteration Reports.

(1)    A person performing repairs or alterations on a boiler or pressure vessel shall provide the Chief Boiler Inspector and the owner with a written report of each repair or alteration within 30 days of the completion of the repair or alteration.

(2) The repair or alteration report shall include at least the following:

(a) Name and address of the company performing the repair or alteration;

(b) Owner and location, including the address of the boiler or pressure vessel;

(c) Maryland registration number and National Board registration number;

(d) Manufacturer and serial number;

(e) Description of the repair or alteration; and

(f) Completion of certificate of compliance and certificate inspection.

I. Inventory Report.

(1) Within 3 days of the first day of each month, each authorized insurer shall submit to the Chief Boiler Inspector an inventory report of each boiler and pressure vessel that it insures.

(2) Within 3 days of the first day of each month, each owner-user inspection service shall submit to the Chief Boiler Inspector an inventory report of each boiler and pressure vessel it owns.

(3) The inventory report shall contain at least the following information about each boiler and pressure vessel:

(a) Maryland registration number;

(b) Name of the manufacturer, year of manufacture, and National Board number;

(c) Manufacturer’s serial number;

(d) Owner’s identifying number;

(e) Type of boiler or pressure vessel;

(f) Location and address of the boiler or pressure vessel; and

(g) Name and address of the owner of the boiler or pressure vessel.

(4)    Method of Filing an Inventory Report

(a) An inventory report shall be submitted electronically in the format required by the Chief Boiler Inspector, unless to do so would create an undue burden.

(b) If an inventory report is not submitted electronically in the format required by the Chief Boiler Inspector it shall be subject to a filing fee, payable by the authorized inspection agency.

.28-1 Record Keeping.

[A.] An owner or user of a boiler or pressure vessel shall maintain a legible copy of inspection, maintenance, repair, and alteration records[.

B. The records shall be maintained;]:

[(1)] A.[(2)] B.(text unchanged)

.28-2 Database Report of Boilers and Pressure Vessels.

A. (text unchanged)

B. An owner-user [company] inspection service shall develop a database report of the boilers and pressure vessels it owns.

C.—E. (text unchanged)

F. Filing Reports.

(1) Database reports shall be filed by an authorized insurer or owner-user [company] inspection service in an electronic format that is acceptable to the chief boiler inspector.

(2) The chief boiler inspector shall notify authorized insurers and owner-user [companies] inspection services of the acceptable electronic formats.

(3) Database reports not submitted electronically by an authorized insurer or owner-user [company] inspection service shall be submitted on the form provided by the chief boiler inspector.

(4) (text unchanged)

.28-3 Quality Assurance Program.

[A. An authorized insurer shall develop a quality assurance program that defines its operational procedures. The program shall include the following:

(1) Components of an inspection;

(2) Procedures to ensure quality inspections and standards for the oversight of inspectors;

(3) Procedures to provide for timely inspections;

(4) Procedures to provide for timely notification to the chief boiler inspector of all insurance policies that are issued, cancelled, or not renewed;

(5) List of inspectors authorized to conduct inspections in Maryland;

(6) Name and telephone number of supervisor(s) of Maryland inspectors; and

(7) Procedures to monitor the timely submission of reports required under the Boiler Law and Regulations.

B. Filing of Quality Assurance Program.

(1) The quality assurance program shall be submitted to the chief boiler inspector by September 1, 2001.

(2) After September 1, 2001, the quality assurance program and annual updates to the quality assurance program shall be submitted to the chief boiler inspector by January 15 of each calendar year.

C. Filing Program.

(1) The quality assurance program shall be filed in an electronic format that is acceptable to the chief boiler inspector.

(2) The chief boiler inspector shall notify authorized insurers of the acceptable electronic formats.

(3) If a quality assurance program is not submitted electronically, the program shall be submitted on a form approved by the chief boiler inspector.]

Each authorized inspection agency shall make available for review by the Chief Boiler Inspector, the quality assurance program documents that were submitted to the National Board for accreditation as an authorized inspection agency.

.29 Safety Appliance Removal.

A. When a boiler or pressure vessel is [in operation] operating, a person may not remove, modify, alter, or repair a safety appliance required by these regulations.

B. [If] When a boiler or pressure vessel is not operating and a safety appliance is removed for modification, alteration, or repair [from a boiler or pressure vessel during an outage,] the appliance shall be reinstalled in proper working order before the boiler or pressure vessel resumes operation.

C. A safety valve may not be loaded to maintain a working pressure greater than the [pressure stated on the inspection certificate] maximum allowable operating pressure.

.34 [Antique Boilers] Historic Boilers.

A. —J. (proposed for repeal)

A. Except as provided for in this regulation, a historical boiler shall be installed, inspected, operated, repaired, or altered in accordance with the NBIC.

B. Inspection.

(1) An initial inspection shall be conducted:

(a) To determine baseline criteria needed for the operating life of the boiler;

(b) In accordance with the requirements outlined in the NBIC;

(c) On any boiler not previously inspected in Maryland; and

(d) On any boiler which has not received a certificate inspection in Maryland in the previous 2 years.

(2) Except as provided in this subsection, a historical boiler shall be inspected at the inspection intervals of the NBIC:

(a) An internal inspection shall be conducted annually;

(b) An external inspection shall be conducted annually;

(c) After a repair or alteration, a historical boiler shall be inspected before operation; and

(d) If an inspection detects a condition warranting further investigation, an inspector may require further investigation.

(3) Before an inspection, an owner shall, upon request, provide the inspector with:

(a) Stress calculations in accordance with this regulation;

(b) The calculated factor of safety;

(c) Requested maximum allowable operating pressure;

(d) The two most recent ultrasonic thickness examination maps; and

(e) Any other documentation required by the NBIC.

(4) During an inspection, an inspector may:

(a) Examine all documents pertaining to the qualifications of the operator; and

(b) Assess an operator’s demonstrated understanding of the operational requirements of the historical boiler.

C. Hydrostatic Pressure Test.

(1) A historical boiler shall be hydrostatically tested to a pressure of not less than the maximum allowable operating pressure but no more than 1-1/4 times the maximum allowable operating pressure.

(2) After a repair or alteration, a historical boiler shall be tested hydrostatically to a pressure of not less than 1¼ times the maximum allowable operating pressure but no more than 1½ times the maximum allowable operating pressure.

(3) An owner shall supply the necessary test equipment required by the inspector for the hydrostatic test including:

(a) Water source, pump, pressure lines, and calibrated test gauge; and

(b) Plugs, gags, or caps to replace safety valves or other appurtenances if needed to prevent damage from the required test pressure.

D. Maximum Allowable Operating Pressure.

(1) The maximum allowable operating pressure shall be determined by the inspector in accordance with the NBIC and ASME Code.

(2) The maximum allowable operating pressure for objects containing wrought iron will be determined by considering the following:

(a) For pressures up to 250 psi a temperature allowance is not required; and

(b) For pressures above 250 psi the allowable stress values shall comply with the requirements of the ASME Code, Section I, Part PG-23.

(3) The maximum allowable operating pressure for objects containing materials other than carbon steel or wrought iron shall be determined in accordance with the ASME Code.

E. Training.

(1) A person who operates a historical boiler shall retain a written record of their training.

(2) Upon request, a person who operates a historical boiler shall provide the Chief Boiler Inspector with a copy of their training record.

F. Historical boilers with a certificate of inspection issued by another jurisdiction may operate in Maryland under the following circumstances:

(1) An owner of a historical boiler may request that the Chief Boiler Inspector recognize a certificate of inspection issued by another jurisdiction;

(2) In evaluating a request for recognition of a certification of inspection by the other jurisdiction, the Chief Boiler Inspector may conduct an inspection of a historical boiler to verify:

(a) Compliance with the NBIC; and

(b) Satisfaction of safety requirements that are equal to or greater than Maryland’s requirements;

(3) If the Chief Boiler Inspector conducts an inspection to evaluate a historical boiler with a certificate of inspection from the other jurisdiction, the Chief Boiler Inspector shall examine the following:

(a) Verification and validation of the certificate of inspection from the other jurisdiction;

(b) Examination of all documents required by this regulation and by the NBIC;

(c) Examination of all documents pertaining to the qualifications of the operator;

(d) Demonstrated understanding of the operational requirements by the operator of the historical boiler; and

(e) Other tests at the discretion of the inspector including but not limited to:

(i) An external inspection;

(ii) A determination of the maximum allowable operating pressure in Maryland; and

(iii) Operation at the maximum allowable operating pressure in Maryland; and

(4) If the Chief Boiler Inspector determines that a historical boiler with a certificate of inspection issued by another jurisdiction is in compliance with safety requirements that are equal to or greater than Maryland, the Chief Boiler Inspector shall issue a certificate of inspection.

G. A historical portable steam boiler shall not be operated at a pressure greater than:

(1) 15 psig when being moved at a speed of 5 miles per hour or less; and

(2) zero psig when being moved at a speed greater than 5 miles per hour.

.35 Citations.

A.—F. (text unchanged)

G. The Commissioner, or the Commissioner’s designee, shall give notice of a hearing and hold the hearing under §E of this regulation in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, as supplemented by [the hearing provisions] Regulation .09 of this chapter.

[H. The Commissioner’s determination becomes final 15 workdays after the date it is issued.

I. If a hearing is conducted by the Commissioner’s designee as permitted in §J of this regulation, the determination of the Commissioner’s designee becomes the final order of the Commissioner 15 workdays after the date it is issued, unless:

(1) The person found to have violated Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law, requests a review; or

(2) The Commissioner orders review.

J. Review of proceedings before the Commissioner.

(1) A request for review by a person found to have violated Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law, shall:

(a) Be in writing;

(b) Contain a concise statement identifying each portion of the determination for which a review is requested;

(c) Be filed with the Commissioner within 15 workdays after the date the determination is issued; and

(d) Be mailed by the requesting party to all other parties to the proceeding.

(2) Affected parties have the opportunity to present argument to the Commissioner based on the record before the Commissioner’s designee.

(3) Order of the Commissioner.

(a) After review of the proceeding with or without a hearing, the Commissioner shall:

(i) Issue an order based on findings of fact; and

(ii) Mail copies of the order to all affected parties.

(b) The Commissioner’s order shall:

(i) Affirm, modify, or vacate the citation or proposed penalty, or direct other appropriate relief; and

(ii) Become final 15 workdays after the date it is issued.]

[K.] H. (text unchanged)

MATTHEW S. HELMINIAK
Commissioner of Labor and Industry

 

Subtitle 28 BOARD OF EXAMINERS OF LANDSCAPE ARCHITECTS

09.28.04 Continuing Professional Competency Requirements

Authority: Business Occupations and Professions Article, §9-309, Annotated Code of Maryland

Notice of Proposed Action

[17-271-P]

The Board of Examiners of Landscape Architects proposes to adopt new Regulations .01—.13 under a new chapter, COMAR 09.28.04 Continuing Professional Competency Requirements. This action was considered by the Board at a public meeting held on September 18, 2017, notice of which was published on the Board’s website pursuant to General Provisions Article, §3-302 (c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to adopt regulations to require licensees to demonstrate continuing professional competency by completing at least 24 hours of professional development activities as a condition of renewal of a license.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Steve Long, Executive Director, Board of Examiners of Landscape Architects, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6262, or email to steve.long@maryland.gov, or fax to 410-962-8483. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board of Examiners of Landscape Architects during a public meeting to be held on January 22, 2018, at 1:30 p.m. at 500 N. Calvert Street, Baltimore, MD 21202.

.01 Purpose.

The State legislature has determined that, in order to safeguard the health, safety, and welfare of Maryland citizens, licensed landscape architects must comply with the continuing professional competency requirements as a prerequisite to the renewal of a license.

.02 Definitions.

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

B. Terms Defined.

(1) “ASLA” means the American Society of Landscape Architects.

(2) “Board” means the State Board of Examiners of Landscape Architects.

(3) “CLARB” means the Council of Landscape Architecture Registration Boards.

(4) “College credit hour” means the credit for a course described in Regulation .04 of this chapter, offered by a university, college, or community college.

(5) “LACES” means Landscape Architecture Continuing Education System.

(6) “Professional development hour (PDH)” means one continuous instructional hour spent attending and completing the professional development activity. One PDH means a minimum of 50 minutes of face-to-face or distance learning instruction per 60-minute hour and is equivalent to a comparable single educational unit that may be utilized by ASLA, LACES, or CLARB.

(7) “Qualifying activities” means professional development activities which satisfy the following requirements:

(a) Meet the criteria set forth in Regulation .04; and

(b) Are approved and accepted for credit by:

(i) Any chapter of the ASLA;

(ii) LACES;

(iii) CLARB; or

(iv) The Board.

.03 Requirements.

A. A licensee shall complete, as a condition of a license renewal in each individual 2-year-renewal cycle, a minimum of 24 PDHs earned upon completion of one or more qualifying activity.

B. A licensee will not be eligible to earn PDHs for a professional development activity that has not been previously approved for credit by ASLA, LACES, CLARB, or the Board.

.04 Qualifying Activities.

A. In order for an activity to be considered a qualifying activity, the activity shall meet the following criteria:

(1) Maintain and enhance professional competency of licensed landscape architects;

(2) Foster improvement, advancement, and extension of professional skills and knowledge related to the practice of landscape architecture;

(3) Offer learning experiences relevant to current landscape architectural practices as they relate to the public health, safety, and welfare; and

(4) Be presented, led or taught at a professional level by well-qualified professionals in the learning environment conducive to learning and appropriate for accomplishing learning objectives described in these regulations.

B. Qualifying activities may fall into one or more of the following categories:

(1) Research, analysis, assessment, conservation, preservation, and enhancement of land use;

(2) Selection and allocation of cultural, historic, and natural resources;

(3) Laws and regulations applicable to the practice of landscape architecture in Maryland;

(4) Standards of practice or care;

(5) Professional ethics as applicable to the practice of landscape architecture; or

(6) Similar topics aimed to maintain, improve, or expand the skills and knowledge relevant to the practice of landscape architecture.

.05 Nonqualifying Activities.

Activities that do not meet the criteria set forth in Regulation .04 shall be considered to be nonqualifying activities, including, but not limited to, the following:

A. Regular employment as a licensed landscape architect or teacher or serving as an expert witness;

B. Repetitive attendance of the same programs without substantial modifications or updates;

C. Time management techniques and strategies;

D. Attending committee meetings or general business meetings of any organizations; and

E. Other activities that, in the Board’s opinion, are not directly related to the practice of landscape architecture.

.06 Sources of Credit and Determination of Units.

A. A licensee may earn the PDHs by any of the following methods:

(1) Attending and successfully completing qualifying activities in which the teaching methodology consists primarily of systematic presentation of subjects related to the practice of landscape architecture;

(2) Subject to limitations set forth in this regulation, teaching, lecturing on, or instructing on the subjects related to landscape architecture in the environment described in §A(1) of this regulation; or

(3) Other appropriate methods that may from time to time be approved by the Board.

B. A licensee may earn the applicable number of PDHs in accordance with the following conversion schedule:

(1) 1 college credit hour — 5 PDHs

(2) 1 contact hour of professional development work, or professional or technical presentations made at meetings, conventions, or conferences — 1 PDH;

(3) Subject to exclusions set forth in this regulation, teaching, lecturing on, or instructing on landscape architecture and related subject matters, subject to the following limitations:

(a) For the first time presentation, a presenter may claim credit for the activity that is equivalent to two times the number of PDHs awarded by the Board for the activity; and

(b) Unless the presentation had been substantially modified and updated for the subsequent presentations or is being presented to a different group of recipients, a presenter may claim only the same number of PDH as awarded by the Board to the recipients of the qualifying activity.

C. The final determination of value, sources, and number of credits is within the discretion of the Board.

.07 Approval Process.

A. Entities or individuals, including, but not limited to, professional firms conducting in-house presentations, may submit a specific professional development activity for review and approval by the Board.

B. During the application process, the Board or the Board’s designee will evaluate the suitability of the activity and the qualifications of presenter.

C. The presenter shall submit adequate information to enable the Board or the Board’s designee to evaluate the professional development activity. At a minimum, the Board requires the following information to be submitted with each application for approval:

(1) The types and descriptions of proposed or existing programs intended to be offered;

(2) The number of PDHs to be awarded for each activity; and   

(3) The identity and qualifications of the instructors.

D. The Board may require presenters to document the offered activities for audit

by the Board at any time after the first presentation of the activities. Documentation shall include registration and attendance records, stated purpose, content, presentation, time and length of the activity, and participants’ evaluations.

E. The Board may suspend or revoke its approval of an activity if, in the judgment of the Board, the intent of Business Occupations and Professions Article, §9-309, Annotated Code of Maryland, is no longer served or a presenter materially changed the content of the activity without the prior written approval of the Board.

.08 Record Keeping.

A. Responsibility to Maintain Records.

(1) The responsibility of maintaining records to be used to support the continuing professional competency credit claim is the responsibility of each licensee.

(2) A licensee shall maintain the records for a period of at least 4 years from the date of completion of the qualifying activity.

B. Documentation referred to in §A(2) of this regulation, includes, but is not limited to, the following:

(1) Certificates of participation;

(2) Transcripts; or

(3) Any other appropriate evidence acceptable to the Board.

C. The Board may request ASLA, LACES, CLARB, and any presenters approved by the Board to electronically transmit to the Board records of attendance, completion of a qualifying activity by an individual licensee, and any other pertinent information requested by the Board.

.09 Reporting Requirements for License Renewal.

A. A licensee shall attest to the satisfactory completion of the CPC requirements set forth in this chapter before the licensee’s license expiration date.

B. The Board at its discretion may audit licensees to ascertain compliance with CPC requirements.

C. Licensees who are audited shall provide within 30 days of receipt of electronic notice of audit from the Board any additional documentation required by the Board to complete the audit.

.10 Extenuating Circumstances/Exceptions.

A. Exemptions. Notwithstanding other requirements set forth in this chapter, a licensee may renew a license for the next full term without complying with the CPC requirements if:

(1) A licensee has been granted an initial license and is renewing a license for the next full term; or

(2) A licensee qualifies under the criteria set forth in Title 2.5, Business Regulation Article, Annotated Code of Maryland.

B. Compliance Exception Request.

(1) If a licensee is unable to comply with all or part of CPC requirements due to physical disability, illness, or other extenuating circumstances, the licensee may request the Board or the Board’s administrative designee to grant a one-time exception from compliance, provided that the request is filed with the Board or the Board’s administrative designee prior to the licensee’s license expiration date.

(2) If the request is based on physical disability or illness, the licensee must provide the Board or the Board’s administrative designee with a written documentation acceptable to the Board supporting the basis for the request.

(3) The request must be accompanied by a detailed proposal acceptable to the Board indicating a licensee’s intended plan of compliance with the CPC requirements within no later than 6 months after the license expiration date. Failure to provide the acceptable plan of compliance within the time period specified in this regulation may result in the Board’s administrative dismissal of the request.

.11 Failure to Meet the CPC Requirements.

In the event a licensee fails to comply with the CPC requirements set forth in this chapter, the Board, subject to the hearing provisions of Business Occupations and Professions Article, §9–312, Annotated Code of Maryland, may take any and all available disciplinary actions under Business Occupations and Professions Article, §9–310, Annotated Code of Maryland.

.12 Reinstatement of License.

A licensee who wishes to reinstate a license shall fulfill past due CPC requirements for the immediately preceding CPC reporting periods up to 48 PDHs and pay all applicable fees.

.13 CPC Units Earned in Other States.

The Board will accept CPC units earned for activities completed in other jurisdictions, provided that:

A. The activity has been approved by a licensing board in another jurisdiction; and

B. The licensee otherwise fulfills all other applicable license renewal requirements in the State of Maryland.

STEVE LONG
Executive Director

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 01 PROCEDURES

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

Authority: Tax-General Article, §§10-738 and 10-739, Annotated Code of Maryland

Notice of Proposed Action

[17-273-P]

The Secretary of Health proposes to adopt new Regulations .01—.11 under a new chapter, COMAR 10.01.01 Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages. At this time, the Secretary is also withdrawing the proposed new Regulations .01—.11 under a new chapter, COMAR 10.01.01 Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages, which were proposed in 44:2 Md. R. 131—134 (January 20, 2017).

Statement of Purpose

The purpose of this action is to increase the nurse practitioner workforce in rural and medically underserved areas by maximizing the use of the Income Tax Credit for Preceptors in Areas with Health Care Workforce Shortages according to Ch. 234 (S.B. 436) and Ch. 235 (H.B. 683), Acts of 2017, and Ch. 385 (S.B. 411) and Ch. 386 (H.B. 1494), Acts of 2016.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

.01 Purpose and Effective Date.

A. Effective July 1, 2016, there is an income tax credit for nurse practitioners and physicians that serve as preceptors in health care workforce shortage areas.

B. This chapter describes the procedures used by the Secretary of Health to monitor, evaluate eligibility for, and issue income tax credits for nurse practitioners and physicians that serve as preceptors in health care workforce shortage areas.

.02 Definitions.

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

B. Terms Defined.

(1) “Applicant” means an individual:

(a) Who has submitted an application to the Department for an income tax credit for serving as a preceptor; and

(b) Whose status for receipt of a tax credit has not yet been determined.

(2) “Board” means the State Board of Nursing.

(3) “Department” means the Maryland Department of Health.

(4) “Health care workforce shortage area” means:

(a) A health professional shortage area;

(b) A medically underserved area;

(c) A medically underserved population;

(d) Federally designated rural areas;

(e) State defined shortage areas;

(f) State defined rural areas; or

(g) Other areas defined as in need by the Secretary of Health or Governor or as otherwise determined by the Department in consultation with the Governor’s Workforce Development Board.

(5) “Health Personnel Shortage Incentive Grant Program” means grants to eligible institutions offering educational programs leading to licensure or certification in health occupations determined to be in short supply.

(6) “Health professional shortage area” means an area designated by the Health Resources and Services Administration of the United States Department of Health and Human Services as having a shortage of primary medical care providers, dental care providers, or mental health care providers based on shortages that are geographic or demographic, or based on shortages of institutional comprehensive health centers, federally qualified health centers, or public facilities;

(7) “Income tax credit” means a nonrefundable credit against State income tax.

(8) “Licensed physician” means an individual who is licensed to practice medicine under Health Occupations Article, Title 14, Annotated Code of Maryland.

(9) “Medically Underserved Area” means an area designated by the Health Resources and Services Administration of the United States Department of Health and Human Services as having:

(a) Too few primary care providers;

(b) High infant mortality;

(c) High poverty;

(d) High elderly population; or

(e) A combination of §B(9)(a)—(d) of this regulation.

(10) “Medically underserved population” means a population designated by the Health Resources and Services Administration of the United States Department of Health and Human Services as having:

(a) Too few primary care providers;

(b) High infant mortality;

(c) High poverty;

(d) High elderly population; or

(e) A combination of §B(10)(a)—(d) of this regulation.

(11) “Nurse practitioner” has the meaning stated in Health Occupations Article, §8-101, Annotated Code of Maryland.

(12) “Nurse Practitioner Preceptorship Tax Credit Fund” means a special nonlapsing fund created by a $15 fee for the renewal of a nurse practitioner certification, regardless of the number of certifications held by the nurse practitioner.

(13) “Office of Student Financial Assistance” means the office in the Maryland Higher Education Commission that administers the Health Personnel Shortage Incentive Grant Program.

(14) “Preceptor” means a licensed physician or nurse practitioner who meets the qualifications of a preceptor and provides instruction, training, and supervision to a medical or nurse practitioner student within a preceptorship program;

(15) “Preceptorship program” means an organized system of clinical experience that, for the purpose of attaining specified learning objectives, pairs:

(a) An enrolled student of a liaison committee on medical education-accredited medical school in the State or an individual in a postgraduate medical training program in the State with a licensed physician who meets the qualifications as a preceptor; or

(b) A nurse practitioner student enrolled in a nursing education program that is recognized by the Board with a nurse practitioner or licensed physician who meets the qualifications as a preceptor.

(16) “Rotation” means a period of preceptorship greater than or equal to:

(a) 100 hours between a nurse practitioner student and a licensed physician or nurse practitioner; or

(b) 160 hours between a medical student and a licensed physician

(17) “Taxable year” means the annual accounting period for keeping records and reporting income and expenses that starts on January 1 and ends on December 31 of the same year.

.03 Eligibility.

A. A licensed physician is eligible for an income tax credit if the individual served without compensation as a:

(1) Physician preceptor in a physician preceptorship program authorized by an accredited medical school in the State and worked:

(a) A minimum of three rotations, each consisting of 160 hours of community-based clinical training; and

(b) In a health care workforce shortage area; or

(2) Preceptor in a Board-approved nurse practitioner program and worked:

(a) A minimum of three rotations, each consisting of 100 hours of community-based clinical training; and

(b) In a health care workforce shortage area.

B. A nurse practitioner is eligible for an income tax credit if the individual served without compensation as a preceptor in a Board-approved nurse practitioner program and worked:

(1) A minimum of three rotations, each consisting of 100 hours of community-based clinical training; and

(2) In a health care workforce shortage area.

.04 Application and Application Process.

A. Applicant.

(1) An applicant shall submit:

(a) A completed application to the Department on the form designated by the Department; and

(b) Supporting documentation required by the Department.

(2) An applicant may voluntarily withdraw the application without prejudice.

(3) An applicant may submit a new application subject to §C of this regulation.

B. The Department shall:

(1) Approve applications during the application period;

(2) Approve the application if the:

(a) Application is complete; and

(b) Applicant is determined to be eligible;

(3) Disapprove the application if the:

(a) Application is incomplete;

(b) Applicant fails to provide sufficient information or documentation to determine eligibility; or

(c) Applicant provides the appropriate documentation but is determined ineligible; and

(4) Provide the applicant with written notice of the final disposition of the application within 45 calendar days.

C. The Department shall receive applications by January 5 for the previous taxable year during which the rotation was completed.

.05 Verification and Audit of Income Tax Credits.

A. The Department may:

(1) Request from an applicant or preceptor additional information to verify statements in an application for an income tax credit; and

(2) Use independent verification, such as a preceptor list and preceptor completion letters received by the medical and nursing schools, to verify information reported on an application for an income tax credit.

B. The Comptroller shall retain its audit authority under Tax-General Article, Annotated Code of Maryland.

.06 Income Tax Credits.

A. On approval of an application, the Department shall issue an income tax credit certificate to a nurse practitioner or licensed physician in the amount of $1,000 for each nurse practitioner student for whom he or she served as a preceptor:

(1) For a minimum of three rotations, each consisting of 100 hours of community-based clinical training;

(2) Without compensation; and

(3) In a health care workforce shortage area.

B. On approval of an application, the Department shall issue an income tax credit certificate to a licensed physician in the amount of $1,000 for each medical student for whom he or she served as a preceptor:

(1) For a minimum of three rotations, each consisting of 160 hours of community-based clinical training;

(2) Without compensation; and

(3) In a health care workforce shortage area.

C. Income tax credits shall be issued for the taxable year during which the nurse practitioner or licensed physician served as a preceptor without compensation.

D. The total amount of an income tax credit allowed for an individual in a taxable year may not exceed the:

(1) Maximum credit amount of $10,000; or

(2) State income tax imposed for that individual for that taxable year.

E. Any unused amount of an income tax credit for a taxable year may not be carried over to any other taxable year.

.07 Nurse Practitioner Preceptorship Tax Credit Fund.

A. The purpose of the Nurse Practitioner Preceptorship Tax Credit Fund is to offset the costs of the income tax credit for nurse practitioner preceptors.

B. The Fund is:

(1) A special continuing, nonlapsing fund pursuant to Tax-General Article, §10-738, Annotated Code of Maryland; and

(2) Not subject to State Finance and Procurement Article, §7-302, Annotated Code of Maryland.

C. The Fund consists of:

(1) Revenue distributed to the Fund under Health Occupations Article, §8-206, Annotated Code of Maryland;

(2) Money appropriated in the State budget to the Fund; and

(3) Any other money from any other source accepted for the benefit of the Fund.

D. Except when the Comptroller transfers an amount equal to an income tax credit certificate issued from the Fund to the General Fund of the State, pursuant to Tax-General Article, §10-738, Annotated Code of Maryland, money credited or appropriated to the Fund will remain in the Fund.

.08 Physician Preceptorship Income Tax Credits.

Each year an amount not exceeding $100,000 of the unspent portion of the money that is transferred to the Office of Student Financial Assistance for use for the Health Personnel Shortage Incentive Grant Program may be transferred to or revert to the General Fund of the State in order to offset the costs of the income tax credit for physician preceptors.

.09 Limits and Excess Amounts.

A. The amount of income tax credit stated in the income tax credit certificate may not exceed $10,000 for any individual in any taxable year.

B. Physician Preceptorship Program.

(1) The Department may not issue more than $100,000 in income tax credit certificates for each taxable year.

(2) If the aggregate amount of income tax credit certificates issued during a taxable year totals less than $100,000, the excess amount may be issued for income tax credit certificates in the next taxable year.

C. Nurse Practitioner Preceptorship Program.

(1) The total amount of income tax credit certificates issued by the Department shall be the lesser of:

(a) The total funds in the Nurse Practitioner Preceptorship Tax Credit Fund for that year; or

(b) $100,000.

(2) Any excess amount of income tax credits for a taxable year may be issued under income tax credit certificates in the next taxable year.

.10 Responsibilities of the Comptroller.

On notification that an income tax credit certificate has been issued by the Department, the Comptroller shall transfer an amount equal to the income tax credit amount stated in the income tax credit certificate from the Nurse Practitioner Preceptorship Tax Credit Fund to the General Fund.

 

.11 Expiration of Program.

A. This chapter remains in effect until the earlier of:

(1) The date that funding for income tax credits ceases to be available; or

(2) June 30, 2021.

B. The Department shall issue final income tax credits based on available funds.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 07 HOSPITALS

10.07.06 Hospital Patient Safety Program

Authority: Health General Article, §§19-308 and 19-319, Annotated Code of Maryland

Notice of Proposed Action

[17-274-P]

The Secretary of Health proposes to amend Regulation .15 and adopt new Regulation .17 under COMAR 10.07.06 Hospital Patient Safety Program.

Statement of Purpose

The purpose of this action is to:

(1) Reduce the amount of time hospitals have to submit a plan of correction from 30 days to 10 days in order to make the requirements for this chapter match other chapters in this subtitle; and

(2) Require the Office of Health Care Quality (OHCQ) to submit feedback to hospitals on root cause analyses within 60 days of receipt of the analysis and to publish an annual report on hospitals which will help hospitals and the provider community to better understand the scope and nature of regulatory issues facing OHCQ and the provider community.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

.15 Plan of Correction.

A. (text unchanged)

B. The plan shall be sent to the Secretary within [30] 10 days after the Department notifies the hospital that the hospital does not meet the requirements of this chapter.

.17 Departmental Obligations.

The Department shall:

A. Provide feedback to hospitals regarding submitted root cause analyses within 60 days of receipt; and

B. Release an annual public report containing a compilation of de-identified data regarding the type and outcomes of reported adverse events.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 08 HEALTH FACILITIES GRANTS

Notice of Proposed Action

[17-275-P]

The Secretary of Health proposes to amend:

(1) Regulations .03, .04, .06, .08, and .09 under COMAR 10.08.01 Construction Funds for Public and Nonprofit Nursing Homes;

(2) Regulations .03, .05, .07, and .09 under COMAR 10.08.02 Construction Funds for Public and Nonprofit Community Mental Health, Addiction, and Developmental Disabilities Facilities;

(3) Regulations .02, .04, .06, and .08 under COMAR 10.08.03 Construction Funds for Public and Nonprofit Adult Day Care Centers;

(4) Regulations .02, .05, and .10 under COMAR 10.08.04 Construction Funds for Public and Nonprofit Assisted Living Facilities; and

(5) Regulations .02, .05, and .10 under COMAR 10.08.05 Construction Funds for Federally Qualified Health Centers.

Statement of Purpose

The purpose of this action is to accurately identify the State Agency and Office within that Agency associated with these regulations. Further, this action clarifies that these grant programs cannot provide reimbursement for any costs, including acquisition, which occurred prior to formal Board of Public Works approval to encumber allocated grant funds.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

 

10.08.01 Construction Funds for Public and Nonprofit Nursing Homes

Authority: Health-General Article, §2-104(b), Annotated Code of Maryland; Ch. 228, Acts of 1990

.03 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(2) “Certificate of Need” means a certificate issued by the [Maryland Health Resources Planning] Maryland Health Care Commission under Health-General Article, §19-101 et seq., Annotated Code of Maryland, for a health care project.

(3)—(18) (text unchanged)

(19) “Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services” means the office within the Department designated by the Secretary to administer this chapter.

(20)—(23) (text unchanged)

.04 Eligibility of Applicant for State Funds.

A. To be eligible for State funds under the Loan Act of 1990 and subsequent similar Loan Acts, an applicant:

(1)—(2) (text unchanged)

(3) Shall have a Certificate of Need from the [Health Resources Planning] Maryland Health Care Commission, if a Certificate of Need is required for the project;

(4)—(6) (text unchanged)

B. (text unchanged)

.06 Application Procedure.

A. An applicant shall direct an application for State grant funds authorized by the Loan Act of 1990 and subsequent similar Loan Acts to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services.

B.—D. (text unchanged)

.08 Residual Requirements of the Grantee.

A. (text unchanged)

B. Insurance Requirements.

(1) The applicant shall provide builders’ risk insurance during the entire period of project construction or renovation as follows:

(a)—(c) (text unchanged)

(d) The grantee shall submit evidence of this insurance to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services.

(2) Upon completion of a project, the grantee shall maintain for a period of 15 years all-risk insurance coverage as follows:

(a)—(c) (text unchanged)

(d) The policy shall be endorsed to notify the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services, 201 West Preston Street, Baltimore, Maryland 21201 of any:

(i)—(iii) (text unchanged)

(e) The grantee shall submit evidence of this insurance annually to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services and to the State Treasurer’s Office, Insurance Division.

C.—F. (text unchanged)

.09 Grant Limitations and Provisions.

A. (text unchanged)

B. (text unchanged)

C. Limits on State Grant.

(1) –(2) (text unchanged)

(3) An applicant may not be eligible for retroactive participation in the cost of acquisition, construction, renovation, or purchase of equipment.

(4) (text unchanged)

D.—G. (text unchanged)

 

10.08.02 Construction Funds for Public and Nonprofit Community Mental Health, Addiction, and Developmental Disabilities Facilities

Authority: Health-General Article, §§2-102, 24-601, et seq., Annotated Code of Maryland

.03 Definitions.

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

B. Terms Defined.

(1)—(15) (text unchanged)

(16) “Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services” means the office within the Department designated by the Secretary to administer this chapter.

(17)—(20) (text unchanged)

.05 Application Procedure.

A. (text unchanged)

B. An applicant shall direct an application for State grant funds to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services.

C.—F. (text unchanged)

.07 Grant Limitations and Provisions.

A.—C. (text unchanged)

D. Limits on State Grant.

(1)—(2) (text unchanged)

(3) An applicant may not be eligible for retroactive participation in the [cost of construction, renovation, or purchase of equipment.]:

(a) Cost of:

(i) Acquisition;

(ii) Construction; and

(iii) Renovation; or

(b) Purchase of equipment.

(4) (text unchanged)

E.—H. (text unchanged)

.09 Residual Requirements of the Grantee.

A. (text unchanged)

B. Insurance Requirements.

(1) The grantee shall provide builders’ risk insurance during the entire period of project construction or renovation as follows:

(a)—(c) (text unchanged)

(d) The grantee shall submit evidence of this insurance to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services.

(2) On acquisition of a building or part of a building, the grantee shall provide all-risk insurance coverage as follows:

(a)—(c) (text unchanged)

(d) The policy shall be endorsed to notify the [office] Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services, 201 West Preston Street, Baltimore, Maryland 21201 of any:

(i)—(iii) (text unchanged)

(e) The grantee shall:

(i) (text unchanged)

(ii) Submit evidence of this insurance annually to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services and to the State Treasurer’s Office, Insurance Division.

(3) Upon completion of a project, the grantee shall maintain, for a period of 30 years, all-risk insurance coverage as follows:

(a)—(c) (text unchanged)

(d) The policy shall be endorsed to notify the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services, 201 West Preston Street, Baltimore, Maryland 21201 of any:

(i)—(iii) (text unchanged)

(e) The grantee shall submit evidence of this insurance annually to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services and to the State Treasurer’s Office, Insurance Division.

C.—F. (text unchanged)

 

10.08.03 Construction Funds for Public and Nonprofit Adult Day Care Centers

Authority: Health-General Article, §24-701 et seq., Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(16) (text unchanged)

(17) “Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services” means the office within the Department designated by the Secretary to administer this chapter.

(18)—(23) (text unchanged)

.04 Application Procedure.

A. (text unchanged)

B. An applicant shall direct the application for State grant funds to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services.

C.—F. (text unchanged)

.06 Grant Limitations and Provisions.

A.—D. (text unchanged)

E. Limits on State Grant.

(1)—(2) (text unchanged)

(3) An applicant is not eligible for retroactive participation in the cost of acquisition, construction, renovation, or purchase of equipment.

(4) (text unchanged)

F.—I. (text unchanged)

.08 Residual Requirements of the Grantee.

A. (text unchanged)

B. Insurance Requirements.

(1) The grantee shall provide builders’ risk insurance during the entire period of project construction or renovation as follows:

(a)—(c) (text unchanged)

(d) The grantee shall submit evidence of this insurance to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services.

(2) Upon acquisition of a building or part of a building, the grantee shall provide all-risk insurance coverage as follows:

(a)—(c) (text unchanged)

(d) The policy shall be endorsed to notify the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services, 201 West Preston Street, Baltimore, Maryland 21201 of any:

(i)—(iii) (text unchanged)

(e) The grantee shall:

(i) (text unchanged)

(ii) Submit evidence of this insurance annually to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services and to the State Treasurer’s Office, Insurance Division.

(3) Upon completion of a project, the grantee shall maintain, for a period of 30 years, all-risk insurance coverage as follows:

(a)—(c) (text unchanged)

(d) The policy shall be endorsed to notify the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services, 201 West Preston Street, Baltimore, Maryland 21201 of any:

(i)—(iii) (text unchanged)

(e) The grantee shall submit evidence of this insurance annually to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services and to the State Treasurer’s Office, Insurance Division.

C.—F. (text unchanged)

 

10.08.04 Construction Funds for Public and Nonprofit Assisted Living Facilities

Authority: Health-General Article, §§24-1001—24-1007, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(19) (text unchanged)

(20) “Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services” means the office within the Department designated by the Secretary to administer this chapter.

(21)—(27) (text unchanged)

.05 Application Procedure.

A. An applicant shall apply for a State grant by filing an application with the Department on a form provided by the Department, and shall direct the completed application for State grant funds to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services.

B.—E. (text unchanged)

.10 Residual Requirements of the Grantee.

A. (text unchanged)

B. Insurance Requirements.

(1) Upon acquisition of the project, the grantee shall provide an all-risk insurance policy that:

(a)—(c) (text unchanged)

(d) Requires notification of the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services, 201 West Preston Street, Baltimore, Maryland 21201 of any:

(i)—(iii) (text unchanged)

(2) The grantee shall provide builders’ risk insurance coverage during the entire period of project construction or renovation that:

(a)—(c) (text unchanged)

(d) Requires evidence of the coverage be submitted to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services, 201 West Preston Street, Baltimore, Maryland 21201.

(3) Upon completion of a project, the grantee shall maintain, for a period of 30 years, an all-risk insurance policy that:

(a)—(c) (text unchanged)

(d) Requires notification of the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services, 201 West Preston Street, Baltimore, Maryland 21201 of any:

(i)—(iii) (text unchanged)

(4) The grantee shall maintain and submit evidence of this insurance annually, for a period of 30 years, to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services and to the State Treasurer’s Office, Insurance Division.

C.—F. (text unchanged)

 

10.08.05 Construction Funds for Federally Qualified Health Centers

Authority: Health-General Article, §§24-1301—24-1307, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(4) (text unchanged)

(5) “Application” means the forms required and published by the Department, and submitted by the applicant to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services, to apply for a State grant for a project.

(6)—(19) (text unchanged)

(20) “Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services” means the unit within the Department designated by the Secretary to administer this chapter.

(21)—(28) (text unchanged)

.05 Application Procedure.

A. An applicant shall apply for a State grant by completing an application with the Department on a form provided by the Department, and shall file the completed application for State grant funds with the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services.

B.—E. (text unchanged)

.10 Residual Requirements of the Grantee.

A. (text unchanged)

B. Insurance Requirements.

(1) Upon acquisition of the project, the grantee shall provide an all- risk insurance policy that:

(a)—(c) (text unchanged)

(d) Requires notification of the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services, 201 West Preston Street, Baltimore, Maryland 21201 of any:

(i)—(iii) (text unchanged)

(2) The grantee shall provide builders’ risk insurance coverage during the entire period of project construction or renovation up to and including the owner’s acceptance of the building that:

(a)—(c) (text unchanged)

(d) Requires evidence of the coverage be submitted to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services, 201 West Preston Street, Baltimore, Maryland 21201.

(3) Upon completion of a project, the grantee shall maintain, for 30 years, an all-risk insurance policy that:

(a)—(c) (text unchanged)

(d) Requires notification of the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services, 201 West Preston Street, Baltimore, Maryland 21201 of any:

(i)—(iii) (text unchanged)

(4) The grantee shall maintain and submit evidence of this insurance annually, for a period of 30 years, to the Office of [Planning and] Capital [Financing] Planning, Budgeting, and Engineering Services and to the State Treasurer’s Office, Insurance Division.

C.—F. (text unchanged)

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.48 Targeted Case Management for People with Developmental Disabilities

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

Notice of Proposed Action

[17-276-P]

The Secretary of Health proposes to amend Regulation .08 under COMAR 10.09.48 Targeted Case Management for People with Developmental Disabilities.

Statement of Purpose

The purpose of this action is to implement a 3.5 percent cost of living allowance for targeted case management providers in accordance with Health-General Article, §7-307(d), Annotated Code of Maryland.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The program will implement a 3.5 percent reimbursement rate increase in accordance with Health General Article, §7-307(d), Annotated Code of Maryland.

 

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$1,525,394

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$1,525,394

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. The proposed rate increases represent a 3.5 percent increase over the current published rate of $17.99 per unit in FY 17. The increase will be paid to providers of Targeted Case Management.

D. As a result of increasing the per unit rate for targeted case management services, providers will receive increased payments, totaling $1,525,394 in FY 18.

Economic Impact on Small Businesses

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

The proposed action has a meaningful economic impact on small businesses because the higher reimbursement rates infuse dollars into targeted case management entities that provide these services in the community.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

.08 Payment Procedures.

A. (text unchanged)

B. Payment Rates.

(1)—(2) (text unchanged)

(3) For all other services, providers shall be reimbursed:

(a)—(d) (text unchanged)

(e) $17.39 per unit of service from January 1, 2016 through June 30, 2016; [and]

(f) $17.99 per unit of service [thereafter] from July 1, 2016 through June 30, 2017; and

(g) $18.61 per unit of service thereafter.

C.—E. (text unchanged)

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.65 Maryland Medicaid Managed Care Program: Managed Care Organizations

Authority: Health-General Article, §2-104, 15-102.3, and 15-103; Insurance Article, §15-112, 15-605, and 15-1008, Annotated Code of Maryland

Notice of Proposed Action

[17-266-P]

The Secretary of Health proposes to amend Regulation .03 under COMAR 10.09.65 Maryland Medicaid Managed Care Program: Managed Care Organizations.

Statement of Purpose

The purpose of this action is to add federal managed care regulation requirements effective January 1, 2018 and to update the performance measures and methodology for Value Based Purchasing effective January 1, 2019.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

.03 Quality Assessment and Improvement.

A. An MCO shall have a continuous, systematic program designed to monitor, measure, evaluate, and improve the quality of health care services delivered to enrollees including individuals with special health care needs. At a minimum, the MCO shall:

(1)—(2) (text unchanged)

(3) Be able to provide the Department with timely accurate information in areas including but not limited to:

(a)—(c) (text unchanged)

B. An MCO shall participate in all quality assessment activities required by the Department in order to determine if the MCO is providing medically necessary enrollee health care. These activities include, but are not limited to:

(1) (text unchanged)

(2) The annual collection, validation, and evaluation of the latest approved version of the Healthcare Effectiveness Data and Information Set (HEDIS) in order to assess the access to and quality of services provided [as follows:

(a) The Department shall establish the number of HEDIS measures to be collected each year based on relevancy to the HealthChoice population;

(b) At a minimum, at least one measure shall be collected on each of the following:

(i) Prenatal, perinatal, and postnatal care;

(ii) Screening and preventive services for women and children; and

(iii) Children and adults with special health care needs; and

(c) At least 90 days before the audit process, the Department shall identify all measures to be collected;], in addition to any additional performance measures specified by the Department or CMS;

(3) The annual collection and evaluation of a set of performance measures with targets as determined by the Department as follows:

(a) The composition of the core performance measures is listed in [§B(3)(d) and (e)] §B(3)(d)—(f) of this regulation;

(b)—(c) (text unchanged)

(d) Effective January 1, 2014, the core performance measures are:

(i)—(xii) (text unchanged)

(xiii) Well child visits 3—6 years old[.];

(e) (text unchanged)

(f) Effective January 1, 2019, the core performance measures are:

(i) Adolescent well care visits;

(ii) Ambulatory care for SSI adults;

(iii) Ambulatory care for SSI children;

(iv) Asthma medication ratio;

(v) Breast cancer screening;

(vi) Comprehensive diabetes care – HbA1c control (<8.0%);

(vii) Controlling high blood pressure;

(viii) Postpartum care;

(ix) Lead screening for children 12 through 23 months old; and

(x) Well child visits in the first 15 months of life;

[(f)] (g) Starting with the 2014 performance measures, the Department shall implement the following methodology for imposing penalties and incentives:

(i)—(iii) (text unchanged)

(iv) The total amount of the penalties as described in [§B(3)(e)(iii)] §B(3)(g)(iii) of this regulation may not exceed 1 percent of the total capitation amount paid to the MCO during the same measurement year;

(v) (text unchanged)

(vi) The total amount of the incentive payments as described in [§B(3)(e)(v)] §B(3)(g)(v) of this regulation paid to the MCOs each year may not exceed the total amount of the penalties as described in [§B(3)(e)(iii)] §B(3)(g)(iii) of this regulation collected from the MCOs in that same year, plus any additional funds allocated to the Department for a quality initiative; and

(vii) Any funds remaining after the payment of the incentives due under [§B(3)(e)(v)] §B(3)(g)(v) of this regulation shall be distributed to the MCOs receiving the four highest normalized scores for Value Based Purchasing for all thirteen performance measures at a rate calculated by multiplying each MCO’s adjusted enrollment as of December 31 of the measurement year by a per enrollee amount;

(h) Starting with the 2019 performance measures, the Department shall implement the following methodology for imposing penalties and incentives:

(i) There shall be three levels of performance;

(ii) Performance shall be evaluated separately for each measure, and each measure shall have equal weight;

(iii) On any of the measures in §B(3)(f)(i)—(x) of this regulation for which the MCO does not meet the minimum target, as determined by the Department, a penalty of 1/10 of 1 percent of the total capitation amount paid to the MCO during the measurement year shall be collected;

(iv) The total amount of the penalties as described in §B(3)(h)(iii) of this regulation may not exceed 1 percent of the total capitation amount paid to the MCO during the same measurement year;

(v) On any of the measures in §B(3)(f) of this regulation for which the MCO meets or exceeds the incentive target, as determined by the Department, the MCO shall be paid an incentive payment of up to 1/10 of 1 percent of the total capitation paid to the MCO during that measurement year;

(vi) The total amount of the incentive payments as described in §B(3)(h)(v) of this regulation paid to the MCOs each year may not exceed the total amount of the penalties as described in §B(3)(g)(iii) of this regulation collected from the MCOs in that same year, plus any additional funds allocated to the Department for a quality initiative; and

(vii) Any funds remaining after the payment of the incentives due under §B(3)(h)(v) of this regulation shall be distributed to the MCOs receiving the four highest normalized scores for Value Based Purchasing for all ten performance measures at a rate calculated by multiplying each MCO’s adjusted enrollment as of December 31 of the measurement year by a per enrollee amount;

[(g)] (i) The adjusted enrollment amount in [§B(3)(e)(vii)] §B(3)(g)(vii) and §B(3)(h)(vii) of this regulation shall be calculated by:

(i)—(iv) (text unchanged)

[(h)] (j) The per enrollee amount in [§B(3)(e)(vii)] §B(3)(g)(vii) and §B(3)(h)(vii) of this regulation shall be calculated by dividing the sum of the calculations in [§B(3)(f)(i)—(iv)] §B(3)(g)(i)(iv) and §B(3)(h)(i)(iv) of this regulation into the funds remaining as described in [§B(3)(e)(vii)] §B(3)(g)(vii) and §B(3)(h)(vii) of this regulation;

(4) An annual enrollee satisfaction survey using the latest version of the [Consumer Assessment of Health Plans Survey] Consumer Assessment of Healthcare Providers and Systems (CAHPS) survey tool, conducted by an NCQA-certified CAHPS vendor;

(5) (text unchanged)

(6) Performance improvement projects to be conducted by the MCOs that focus on clinical or nonclinical areas as determined by the Department or CMS and include the following:

(a)—(d) (text unchanged)

(e) Reporting of results to the Department or CMS.

C. (text unchanged)

D. An MCO shall provide the Department a copy of its most recent NCQA accreditation, including:

(1) Accreditation status, survey type, and level;

(2) Accreditation results, including:

(a) Recommended actions or improvements,

(b) Corrective action plans, and

(c) Summaries of findings; and

(3) Expiration date of the accreditation.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 26 BOARD OF ACUPUNCTURE

10.26.02 General Regulations

Authority: Health Occupations Article, §§1A–205 and 1A–301, Annotated Code of Maryland

Notice of Proposed Action

[17-277-P]

The Secretary of Health proposes to amend Regulation .03 under COMAR 10.26.02 General Regulations. This action was considered at a public meeting held on May 9, 2017, notice of which was given by publication on the Board’s website at https://health.maryland.gov/bacc/Pages/index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Repeal the option whereby an applicant furnishes to the Board evidence of an existing license or registration in another state that has reciprocity with Maryland and whose education, practice, or examination requirements are greater than or equal to those in Maryland; and

(2) Repeal the requirement that an applicant provide the Board with proof of equivalency to a course accredited by ACAOM by submitting certain information to the Board, and repealing the authorization for the Board to require the applicant to submit the education credits to an education evaluation agency approved by the Board.

The Board has no statutory authority regarding reciprocity with other states.

The Board no longer has the capacity or expertise to determine if a foreign-educated applicant’s credentials are comparable to the standards set by the Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM), as there is no longer a credible evaluation agency to make this determination. Therefore, with this provision repealed, applicants who graduate from nonaccredited schools would furnish their credentials to National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) which would then determine eligibility to sit for the examination that is required for licensure. The Board requires applicants from nonaccredited foreign colleges and universities to take the NCCAOM exam while most states require it of all applicants for licensure.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The Board is proposing to repeal the requirement that an applicant who attended a non-accredited foreign college or university pay approximately $450 to an evaluation agency to evaluate their academic credentials. Instead, an applicant from a nonaccredited foreign college or university would be required to take the NCCAOM examination, a national examination for competency in acupuncture. The cost of the exam is $500.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(-)

$200

E. On other industries or trade groups:

(+)

$200

F. Direct and indirect effects on public:

NONE

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

D. and E. The Board estimates it receives approximately 4 applications for licensure from individuals educated at nonaccredited foreign colleges or universities each year. Applicants do not pay the Board to take the NCCAOM examination, but rather to the NCCAOM itself, so the extra revenue would not come to the Board. The Board also does not realize any revenue from the $450 foreign credential review that it currently requires and that is being proposed for repeal.

-$450 (repeal of foreign credential review) + $500 (take the NCCAOM exam) = $50 additional cost to applicants over current cost.

$50 x 4 applicants on average each year = $200 additional cost to applicants from a nonaccredited foreign college or university.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

.03 Application for License.

A.—C. (text unchanged)

D. The applicant shall provide documentary evidence of having met one of the following standards for education, training, or demonstrated experience:

(1) Graduation from a course of training of at least 1,800 hours in acupuncture, including 300 clinical hours, that is:

(a)—(b) (text unchanged)

(c) Found by the Board to be equivalent to a course approved by the ACAOM; or

(2) Achievement of a:

(a) (text unchanged)

(b) Passing score on an examination that is determined by the Board to be equivalent to the examination given by the NCCAOM[; or

(3) Existing license, certification, or registration in acupuncture in another state that has a reciprocity agreement with Maryland and has education, practice, or examination requirements equal to or greater than those established in this State].

E.—F. (text unchanged)

[G. Review of Foreign Credentials.

(1) An applicant shall provide proof of equivalency to a course accredited by the ACAOM by submitting to the Board:

(a) An official transcript from the colleges or universities attended which lists:

(i) 1,800 hours of training in acupuncture, of which 300 hours are clinical; and

(ii) Subjects taken and the credits earned by the applicant; and

(b) A translation into the English language, certified by an individual acceptable to the Board, of a transcript which is in a language other than English.

(2) In addition to §G(1) of this regulation, the Board may require the applicant to submit the education credits at the applicant’s expense to an educational evaluation agency approved by the Board with the request that the evaluation report be sent directly to the Board.]

DENNIS SCHRADER
Secretary of Health

 

Subtitle 27 BOARD OF NURSING

10.27.01 Examination and Licensure

Authority: Health Occupations Article, §§8-205 and 8-312; Tax-General Article, §§10-738 and 10–739(b)(1); Annotated Code of Maryland; Chs. 385 and 386, Acts of 2016, and Chs. 234 and 235, Acts of 2017

Notice of Proposed Action

[17-278-P]

The Secretary of Health proposes to amend Regulation .02 under COMAR 10.27.01 Examination and Licensure. At this time, the Secretary is also withdrawing the proposed amendments to Regulation .02 under COMAR 10.27.01 Examination and Licensure which were proposed in 44:2 Md. R. 131—134 (January 20, 2017).

This action was considered and approved by the Board at its regular meeting held on July 26, 2017, notice of which was placed on the Board’s website on May 1 and June 1, 2017, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend the Board’s fee schedule to add the Nurse Practitioner Preceptorship Tax Credit Fund assessment for each certified registered nurse practitioner who renews their certification. The fees collected will fund the Nurse Practitioner Preceptorship Tax Credit Fund established under S.B. 411/H.B. 1494, 2016 Legislative Session, and clarified by S.B. 436/H.B. 683, 2017 Legislative Session. Incidental to the amendment, clarifying and technical changes were made and the annual fee schedule is repealed because everyone regulated by the Board is now on a biennial renewal fee schedule. The clarifying changes do not add any new fees and are intended to make the fee schedule easier to interpret.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The Nurse Practitioner (CRNP) renewal will increase from $146 to $161 with the new added surcharge for the tax waiver credit. This is a small percentage of the renewal fee. The tax benefit exists for CRNPs and is not a substantial economic impact to CRNPs. Repeal of the annual fee has no effect on revenue. The biennial fee is double the annual fee.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

 

 

(1)

(R+)

$45,000

(2)

(E+)

$21,000—$57,000 Transferred to State Fund

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) Nurse Practitioner

(-)

$45,000

(2) Nurse Practitioner or Licensed Physician

(+)

$21,000—$57,000

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

Indeterminable

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

A(1). and D(1). Every nurse practitioner who renews an advanced practice certification must pay the $15 biennial assessment as required by Health Occupations Article, §8-026, Annotated Code of Maryland. There are approximately 3,000 nurse practitioners who renew their licenses every year. (3,000 x $15 = $45,000.)

A(2). and D(2). Based on the Health Resources and Service Administration (HRSA) database warehouse, as of 2015 Maryland had 32 primary care provider (PCP) HPSA across 16 jurisdictions, 46 MUA across 19 jurisdictions, 13 MUP across 7 jurisdictions. At an estimate of one preceptors per jurisdiction and at the minimum required rotation, the yearly allocated funds will be between $21,000 and $57,000. This money is placed into the Nurse Practitioner Preceptorship Tax Credit Fund and returned as a tax credit to those who apply for a credit certificate and are approved.

F. It is anticipated that the indirect effect will attract more physicians or NPs to precept student NPs in health care workforce shortage areas with a resultant increase in primary care providers. Research has shown that NPs often stay in the area where they do their clinical training.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

.02 Fees.

A. (text unchanged)

B. [Examination] Licensure by examination fees are as follows:

(1) (text unchanged)

(2) [Practical] Licensed practical nurse licensure — $100; and

(3) An examination fee for registered nurse and licensed practical nurse licensure shall be paid by the candidate directly to the testing service.

C. [Endorsement] Licensure by endorsement fees are as follows:

(1) [Endorsement for registered] Registered nurse licensure — $100; and

(2) [Endorsement for] Licensed practical nurse licensure — $100[; and].

[(3)] D. Temporary registered nurse or licensed practical nurse licensure fee — $40.

[D. Annual Renewal Fees.

(1) Annual renewal fees shall apply only to registered or licensed practical nurses who are required to renew annually on or before December 31, 2013, in accordance with Regulation .12A(1) and (2) of this chapter.

(2) Annual renewal fees are as follows:

(a) Annual renewal for a registered or licensed practical nurse — $55;

(b) Registered nurse and licensed practical nurse volunteer license — $20;

(c) Inactive license renewal for registered or licensed practical nurse — $20; and

(d) Advanced practice certification renewal fees are in addition to the registered nurse renewal fee:

(i) Renewal of each registered nurse certification in advanced practice — $5; and

(ii) Certificate renewal for forensic nurse examiner or workers’ compensation medical case manager — $5.]

E. Advanced practice registered nurse certification fees are as follows:

(1) Initial advanced practice certification — $50; and

(2) Each additional initial advanced practice certification — $25.

F. Specialty nursing practice certification fees are as follows:

(1) Initial forensic nurse examiner certification — $25; and

(2) Initial workers’ compensation medical case manager certification — $25.

[E.] G. Biennial renewal fees are as follows:

(1) Renewal [for] of a registered nurse license — $110;

(2) Renewal [for] of a licensed practical nurse license — $110;

(3) [Registered] Renewal of a registered nurse [and] or licensed practical nurse volunteer license — $40;

(4) [Inactive license renewal for] Renewal of an inactive license for a registered nurse or licensed practical nurse — $40; [and]

(5) [Advanced Practice] Renewal of each advanced practice registered nurse certification [renewal fees are] is in addition to the registered nurse license renewal fee and [are:

(a) Renewal of each registered nurse certification in Advanced Practice] is — $10; and

[(b)] (6) [Certificate renewal for specialty areas] Renewal of certification for specialty nursing practices regulated by the Board is in addition to the registered nurse license renewal fee and is as follows:

[(i)] (a) Forensic nurse examiner certification — $10; and

[(ii)] (b) Workers’ compensation medical case manager certification — $10.

[F. Other fees are as follows:

(1) Verification of licensure — $25;

(2) Copies of transcripts or duplicate test scores — $25;

(3) Duplicate registration certificate of initial licensure — $15;

(4) Returned check fee — $25; and

(5) Certification fees:

(a) Initial certification for advanced practice certification — $50

(b) Certification for a registered nurses in each additional advanced practice category — $25; and

(c) Initial certification for registered nurses in specialty areas:

(i) Forensic Nurse Examiner — $25; and

(ii) Workers’ compensation medical case manager — $25.]

[G.] H. Health Care Practitioner User Fee.

(1)—(2) (text unchanged)

(3) The amount of the assessed health care practitioner user fee shall be double the amount of the annual health care practitioner user fee for [anyone applying for a 2-year license term] biennial licensure.

(4) (text unchanged)

I. Nurse Practitioner Preceptorship Tax Credit Fund.

(1) This fee applies only to nurse practitioners.

(2) The Board shall assess a separate $15 fee for the renewal of a nurse practitioner, regardless of the number of certifications held by the nurse practitioner.

(3) The Board shall:

(a) Account for the fees collected under this section; and

(b) Transfer the fee to the Nurse Practitioner Preceptorship Tax Credit Fund.

J. Other fees are as follows:

(1) Verification of licensure — $25;

(2) Copies of transcripts or duplicate test scores — $25;

(3) Duplicate certificate of initial licensure — $15; and

(4) Returned check fee — $25.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 32 BOARD OF PHYSICIANS

10.32.13 Physician Licensure by Conceded Eminence

Authority: Health Occupations Article, §§14-205 and 14-307—14-319, Annotated Code of Maryland

Notice of Change to Opportunity for Public Comment

[17-214-P]

The notice of Opportunity for Public Comment which appeared at 44:22 Md. R. 1048 (October 27, 2017) has been corrected. The deadline for public comment is November 27, 2017, not September 5, 2017, as originally published. The corrected notice follows:

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 27, 2017. A public hearing has not been scheduled.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 52 PREVENTIVE MEDICINE

10.52.07 State Advisory Council on Health and Wellness

Authority: Health-General Article, §§13-201—13-206, Annotated Code of Maryland

Notice of Proposed Action

[17-279-P]

The Secretary of Health proposes to adopt new Regulations .01—.05 under a new chapter, COMAR 10.52.07 State Advisory Council on Health and Wellness.

Statement of Purpose

The purpose of this action is to adopt new regulations, as required by Ch. 40 (S.B. 38), Acts of 2017, which will govern the role and operations of the State Advisory Council on Health and Wellness, including establishing provisions for:

(1) Membership;

(2) Committees;

(3) Council duties; and

(4) Meetings and procedures.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

.01 Definitions.

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

B. Terms Defined.

(1) “Chronic disease” means a noncommunicable condition that is a major cause of sickness or disability, including, but not limited to:

(a) Heart disease;

(b) Cancer;

(c) Arthritis; and

(d) Diabetes.

(2) “Council” means the State Advisory Council on Health and Wellness established by Health-General Article, §13-202, Annotated Code of Maryland.

(3) “Evidence-based program” means a program that:

(a) Engages the community in assessment and decision making;

(b) Uses data and information systems to inform program activities;

(c) Is based on peer-reviewed evidence;

(d) Uses program-planning frame works;

(e) Conducts evaluation; and

(f) Disseminates the results of the evaluation.

(4) “Healthy lifestyle” means behaviors that promote wellness and prevent disease including, but not limited to:

(a) Maintaining a healthy weight;

(b) Engaging in regular physical activity;

(c) Refraining from smoking;

(d) Limiting consumption of alcohol;

(e) Reducing stress; and

(f) Getting sufficient sleep.

(5) “Quorum” means a majority of the full membership of the Council or of a committee.

(6) “Secretary” means the Secretary of Health.

.02 Membership.

A. The Council shall consist of 34 members appointed by the Secretary according to Health-General Article, §13-203, Annotated Code of Maryland.

B. A member shall:

(1) Be a Maryland resident; or

(2) If a qualified Maryland resident is not available to be appointed to a Council position, possess special knowledge or training required for the Council position to which they are appointed.

C. A member that is subject to term limits:

(1) Shall serve a 4-year term;

(2) May serve two consecutive full terms;

(3) At the end of a term, shall continue to serve until a successor is appointed and qualifies;

(4) If appointed after a term has begun, shall only serve for the rest of the term and until a successor is appointed and qualifies; and

(5) May not be reappointed to the Council for 4 years after serving two consecutive full terms.

D. Members shall serve on at least one committee.

E. The Council Chair shall:

(1) Be appointed by the Secretary;

(2) Serve a 2-year term;

(3) Be allowed to serve two consecutive terms; and

(4) Appoint the Chairs of the committees.

.03 Committees.

A. The Council shall have the following four committees:

(1) Arthritis;

(2) Diabetes;

(3) Heart Disease and Stroke; and

(4) Physical Fitness.

B. The Council may create:

(1) Additional committees to organize the Council’s work; and

(2) Temporary ad hoc committees to accomplish a specific task.

C. Except for the committees created according to §A of this regulation, the Council may dissolve a committee at any time.

.04 Council Duties.

A. The Council shall:

(1) Provide guidance to the Secretary on Statewide chronic disease prevention and control;

(2) Direct the priorities and work of the committees; and

(3) Promote evidence-based programs for:

(a) Healthy lifestyles; and

(b) The prevention, early detection, and treatment of chronic disease.

B. The Council shall submit a report of its activities to the Secretary on or before December 31, 2019 and every 2 years thereafter.

.05 Meetings and Procedures.

A. Meeting Frequency.

(1) The Council shall meet at least two times per year.

(2) A committee created by Regulation .03A of this chapter shall meet at least four times per year.

B. Quorum.

(1) A quorum shall be present to conduct a Council or committee vote.

(2) If a quorum is not present:

(a) A meeting may still be held; and

(b) An activity requiring a vote shall be deferred to the next meeting with a quorum present.

C. Voting.

(1) A member shall have one vote.

(2) Voting shall be:

(a) In person; or

(b) By phone.

D. Attendance.

(1) A member shall attend at least:

(a) 50 percent of the Council meetings per year; and

(b) 75 percent of the meetings of a committee on which the member serves per year.

(2) The Council shall ensure that attendance is:

(a) Recorded in the meeting minutes; and

(b) Submitted to the Secretary at least once per year.

(3) The Secretary may remove a member for:

(a) Neglect of duty;

(b) Incompetence;

(c) Misconduct;

(d) Malfeasance;

(e) Misfeasance in office; or

(f) Failing to meet the requirements of §D(1) of this regulation.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 57 BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS

10.57.03 Certification — Residential Child and Youth Care Practitioners

Authority: Health Occupations Article, §§20-205, 20-301, 20-302.1, 20-303, 20-305, 20-307, 20-310, and 20-311, Annotated Code of Maryland

Notice of Proposed Action

[17-280-P]

The Secretary of Health proposes to amend Regulation .02 under COMAR 10.57.03 Certification — Residential Child and Youth Care Practitioners. This action was considered at a public meeting held on September 8, 2017, notice of which was given by publication on the Board’s website at https://health.maryland.gov/crccp/Pages/Index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify the documents required to be submitted when applying for certification as a residential child and youth care practitioner. Currently, the regulation requires a certified copy of transcripts with the school’s seal to document receipt of a high school diploma or equivalent, or of an associate’s or bachelor’s degree. Under this proposal, all that would be required would be a copy of a high school diploma or its equivalent and, unless the applicant has completed an approved training program, official transcripts showing receipt of an associate’s or bachelor’s degree from an accredited college or university.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

.02 Academic and Experience.

A. Academic Experience. For certification as a certified residential child and youth care practitioner, an applicant shall submit [a certified copy of transcripts with school seals to document] the following documents to the Board:

(1) [Receipt] A copy of a high school diploma or equivalent;

(2) (text unchanged)

(3) Either:

(a) (text unchanged)

(b) [Receipt] Official transcripts of an associate’s or bachelor’s degree from an accredited college or university.

B. (text unchanged)

DENNIS SCHRADER
Secretary of Health

Subtitle 63 COMMUNITY-BASED BEHAVIORAL HEALTH PROGRAMS AND SERVICES

10.63.08 Recovery Residence Certification

Authority: Health-General Article, §§7.5-205 and 19-2501—19-2504, Annotated Code of Maryland

Notice of Proposed Action

[17-281-P]

The Secretary of Health proposes to adopt new Regulations .01—.14 under a new chapter, COMAR 10.63.08 Recovery Residence Certification.

Statement of Purpose

The purpose of this action is to establish criteria for the Maryland Department of Health to approve a credentialing entity to develop and administer a certification process for recovery residences.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. To certify all recovery residences (not just those funded by the Behavioral Health Administration), general fund expenditures will increase by $251,472 in fiscal year 2018 and by at least $271,534 annually thereafter.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$251,472

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. In order to complete the inspections of the recovery residences throughout the state, five additional staff would be required to do field assessments. The total cost of the five field assessors, inclusive of a computerized system in fiscal year 2018 would be $251,472 in general funds and at least $271,534 in fiscal years thereafter. In order to process and track the applications for certification of new and existing recovery residences, a computerized system is needed. The cost of a computerized system will initially cost $12,500 and then $1,500 per year in general funds to maintain and host the system

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

.01 Scope.

This chapter sets forth the requirements and processes for certification that govern recovery residences in order for an individual, partnership, corporation, or other entity to operate a certified recovery residence or to advertise, represent, or imply that a certain residence is a certified recovery residence.

.02 Definitions.

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

B. Terms Defined.

(1) “Certificate of compliance” means a certificate that is issued to a recovery residence by a credentialing entity.

(2) “Certified recovery residence” means a recovery residence that holds a certificate of compliance.

(3) “Credentialing entity” means a nonprofit organization that develops and administers professional certification programs according to nationally recognized certification standards.

(4) “Critical incident” means:

(a) The death of a resident;

(b) A life-threatening injury to a resident;

(c) Nonconsensual sexual activity as prohibited in COMAR 10.01.18;

(d) Pursuant to COMAR 10.01.18.03, any sexual activity between a resident and any one of the following:

(i) A staff member;

(ii) An employee;

(iii) A peer; or

(iv) A volunteer; and

(e) Unexpected evacuation of a recovery residence under circumstances that threaten the life, health, or safety of the residents.

(5) “Department” means the Maryland Department of Health.

(6) “Designated credentialing entity” means the credentialing entity approved by the Department to develop and administer a certification process for recovery residences.

(7) “Good standing” means the status assigned to a member of the Maryland State Association of Recovery Residences (MSARR) that:

(a) Has remained current in the payment of all membership dues and fees; and

(b) Has undergone a housing inspection within 1 year before the date of receipt by the Department’s designated credentialing entity of the application for certification of a recovery residence.

(8) “Grandfathering certification” means a one-time only certificate of compliance that:

(a) Is issued to a recovery residence certificate applicant in good standing; and

(b) Expires 1 year from its date of issuance.

(9) “Health professional” means an individual who:

(a) Is licensed under Health Occupations Article, Annotated Code of Maryland; and

(b) Is providing mental health or substance-related disorder services according to the requirements of the appropriate professional board.

(10) “Initial certification” means a certificate of compliance issued to an applicant for a new recovery residence certificate, pursuant to Regulation .06C(1) of this chapter.

(11) “Level I recovery residence” means a peer-run recovery residence that:

(a) Provides a shared living environment;

(b) Does not employ staff; and

(c) Offers self-help, drug screening, and house meetings as recovery supports.

(12) “Level II recovery residence” means a staff-monitored recovery residence that:

(a) Has a house manager to provide oversight of the residence;

(b) Provides a structured, shared living environment; and

(c) Offers self-help, drug screening, house meetings, peer run groups, and referral to community resources as recovery supports.

(13) “Level III recovery residence” means a staff-supervised recovery residence that:

(a) Has an organizational hierarchy that provides administrative oversight of the residence, staff, and operations;

(b) Provides a highly structured environment for residential support and stability;

(c) Employs a facility manager and at least one case manager; and

(d) Offers a life skills development curriculum and recovery supports on-site.

(14) “Level IV recovery residence” means a recovery residence operated by a provider that is certified or licensed by the Department to deliver behavioral health services and that:

(a) Has an organizational hierarchy that provides administrative and clinical oversight of the residence, staff, operations, and services;

(b) Provides a highly structured and supervised environment for clinical stability and residential support;

(c) Employs licensed or certified staff who are located on-site at the residence; and

(d) Offers clinical treatment and recovery support services on-site at the residence or in conjunction with the certified or licensed provider operating the residence.

(15) “Local addiction authority (LAA)” means the designated county or multicounty authority that is responsible for planning, managing, and monitoring publicly funded substance-related and addictive disorder services.

(16) “Local behavioral health authority (LBHA)” means the designated county or multicounty authority that is responsible for planning, managing, and monitoring publicly funded mental health, substance-related and addictive disorder services.

(17) “Maryland State Association of Recovery Residences (MSARR)” means the Statewide membership organization that, before the effective date of this regulation, collected annual membership dues and fees, performed annual and ad hoc housing inspections, and granted membership to recovery residences that met certain quality standards.

(18) “National Alliance for Recovery Residences (NARR)” means the nonprofit recovery community organization that establishes and promulgates national quality standards for recovery residences.

(19) “Oxford House” means a Level I recovery house that:

(a) Has been granted a charter by Oxford House, Inc.; and

(b) Is organized and operates in accordance with the Oxford House model and system of operations.

(20) “Provisional certification” means a certificate of compliance effective for a specific length of time not to exceed 6 months, issued to an applicant for a recovery residence certificate, pursuant to Regulation .06C(2), D(2), or E(3)(b) of this chapter.

(21) “Recovery residence” means a service that provides alcohol-free and illicit-drug-free housing to individuals with substance-related disorders or addictive disorders, or co-occurring mental health, substance-related, or addictive disorders.

(22) “Renewal certification” means a certificate of compliance issued to an applicant for an existing certified recovery residence, pursuant to Regulation.06D(1) or E(3)(a) of this chapter.

.03 Certification Required or Exempted.

A. Except as provided in §C of this regulation, a recovery residence shall be certified by the credentialing entity designated by the Department in order to operate in Maryland, if the residence:

(1) Receives State funds;

(2) Operates as a certified recovery residence;

(3) Is advertised by any individual, partnership, corporation, or other entity as being a certified recovery residence;

(4) Is represented by any individual, partnership, corporation, or other entity as being a certified recovery residence; or

(5) Has been implied to the public to be a certified recovery residence.

B. A separate certificate is required for each residence that is subject to certification pursuant to §A of this regulation.

C. A chartered Oxford House, operating in accordance with its charter, is exempt from the requirements of and is not required to be certified under this chapter in order to operate in Maryland, as stipulated in §A in this regulation.

.04 Application Process for Certification of Recovery Residences.

A. An applicant for a specified certificate of compliance for a recovery residence shall submit an application to the credentialing entity designated by the Department that:

(1) Is on the written or electronic form approved by the Department;

(2) Contains full, complete, and accurate information;

(3) Is specific to each residence that is subject to certification pursuant to Regulation .03A of this chapter;

(4) Includes, as applicable, the following documentation, verification, or attestation:

(a) That the residence is or will be owned or leased by the applicant;

(b) Of written permission from the property owner of record, if other than the applicant, to operate a recovery residence on the owner’s property;

(c) Of fire, liability, and hazard insurance coverage on the building in which the residence is located;

(d) Of compliance with relevant federal, State, or local ordinances, laws, regulations, and orders, including but not limited to:

(i) Health and safety;

(ii) Building and occupancy;

(iii) Fire codes; and

(iv) Zoning requirements;

(e) Of the type of legal business entity that has been established by the applicant; and

(f) For a renewal certificate of compliance, of completion by the owner or operator, staff, volunteers, and peers of trainings mandated by the Department; and

(5) Includes a copy of all applicable program materials, including the following:

(a) A manual containing, at a minimum, policies and procedures as specified by the Department and consistent with the NARR 2015 quality standards or their successor;

(b) A written mission statement that is congruent with the NARR 2015 quality standards or their successor;

(c) A written vision statement that is congruent with the NARR 2015 quality standards or their successor;

(d) An affidavit that attests to the compliance of the recovery residence with nondiscriminatory State and federal requirements as set forth in Regulation .08L of this chapter;

(e) A detailed and specific description of the level of services and recovery supports provided;

(f) Marketing and promotional materials;

(g) Detailed staff, employee, volunteer, and peer job descriptions and a sample weekly schedule;

(h) A resident orientation handbook containing elements as specified by the Department and consistent with the NARR 2015 quality standards or their successor;

(i) A sample resident service agreement that, at a minimum, specifies:

(i) Terms of occupancy;

(ii) Financial obligations, including any fees, charges, or rents that may accrue to the resident and the process, time frame, and requirements for the collection of such obligations;

(iii) Financial deposits that may be collected, if any, and the time frame, process, and requirements for the return of such deposits; and

(iv) Any circumstances under which the resident may be entitled to a refund of any amount for financial obligations collected by the recovery residence, if applicable;

(j) A safety self-assessment checklist;

(k) An emergency preparedness plan that, at a minimum, includes:

(i) Emergency contact numbers;

(ii) An evacuation plan and map;

(iii) An emergency relocation plan that specifies where residents may live temporarily; and

(iv) A continuity of operations plan; and

(l) If applicable, any forms, documents, and guides used to mentor each resident or monitor each resident’s participation in the development of the resident’s recovery plan.

B. In addition to meeting the requirements set forth in §A of this regulation, any applicant that is not licensed or certified by the Department or one of its Administrations or registered with or otherwise accredited by or affiliated with an authority that is approved by the Department at the time of application shall disclose the following with the application:

(1) Any revocation or surrender of a prior license, certificate, or approval issued within the previous 5 years from any in-State or out-of-State provider previously or currently associated with the applicant, along with any associated deficiency reports and compliance records;

(2) Whether the applicant, or a program, corporation, or provider previously or currently associated with the applicant, has surrendered or defaulted on its license, certificate, or approval, within the previous 5 years, for reasons related to disciplinary action and the nature of the disciplinary action;

(3) The identity of any individual employee, staff member, peer, or volunteer currently associated with the applicant who has had a professional license or certification revoked or suspended or has surrendered a professional license or certification for reasons related to disciplinary action or misconduct, within the previous 10 years, and the nature of the disciplinary action or misconduct; and

(4) The identity of any staff member, employee, peer, or volunteer currently associated with the applicant that has been convicted of a felony, within the previous 10 years, and the nature of the felony.

C. If the application submitted under §A of this regulation is incomplete or missing any of the information or documentation required by this regulation, the Department shall:

(1) Promptly returned the application to the applicant for the applicant to provide the missing information or documentation; and

(2) Stop processing the application until the information or documentation is received.

D. For an applicant with a current certificate of compliance, the applicant shall submit an application to the credentialing entity designated by the Department not later than 90 calendar days before the expiration of the current certificate of compliance.

.05 Application Review and Inspection.

A. Review of a Recovery Residence Application.

(1) On receipt of an application for a specified certificate of compliance for a recovery residence, the credentialing entity shall review the application for completeness and accuracy.

(2) If an application is complete and accurate:

(a) The credentialing entity shall arrange for inspection of the residence; or

(b) The credentialing entity shall accept the inspection conducted by MSARR for applications for grandfathering certificates.

(3) If an application is incomplete or inaccurate, the credentialing entity:

(a) Shall promptly return it to the applicant with written instructions regarding proper completion and resubmission of the application within a specified time frame; and

(b) May conduct, or delegate a designee to conduct, a pre-inspection site visit.

B. Inspection of a Recovery Residence. Upon receipt of an application that is determined to be complete and accurate, the Department’s designated credentialing entity or its designee, in collaboration with a representative of the applicant, shall inspect the recovery residence for compliance with the NARR 2015 quality standards or their successor.

C. The Department’s designated credentialing entity or its designee may conduct an inspection of the residence at any time without prior notice, including inspecting and copying financial and resident records.

.06 Approval or Denial of the Application for a Specified Certificate of Compliance.

A. Based on a review of the application and documentation submitted pursuant to Regulation .04A and B of this chapter and the inspection conducted under Regulation .05 of this chapter, the Department’s designated credentialing entity shall grant or deny approval of the application for a specified certificate of compliance for a recovery residence.

B. Grandfathering Certification. Pursuant to §A of this regulation, the Department’s designated credentialing entity shall:

(1) Grant approval of the application for grandfathering certification of a recovery residence if the applicant is a MSARR member in good standing; or

(2) Deny approval of the application for grandfathering certification if the applicant:

(a) Is not a MSARR member; or

(b) Is a MSARR member that is not in good standing.

C. Initial Certification. Pursuant to §A of this regulation, the Department’s designated credentialing entity shall:

(1) Grant approval of the application for initial certification of a recovery residence in the following circumstances:

(a) The applicant does not hold a current certificate of compliance; and

(b) The applicant is in substantial compliance with the NARR 2015 quality standards or their successor;

(2) Grant provisional approval of the application for initial certification of a recovery residence in the following circumstances:

(a) The credentialing entity has identified deficiencies with respect to specific NARR 2015 quality standards or their successor; and

(b) The identified deficiencies do not pose an imminent risk to the health, safety, or welfare of a resident; or

(3) Deny approval of the application for an initial certification of a recovery residence in the following circumstances:

(a) The applicant is in substantial noncompliance with the NARR 2015 quality standards or their successor;

(b) One or more deficiencies have been identified that pose an imminent risk to the health, safety, or welfare of the residents;

(c) An individualized assessment of the nature and gravity of the facts disclosed under Regulation .04B of this chapter reveals that there would be an unreasonable risk of harm to the residents if the certificate were granted; or

(d) The applicant has previously discontinued operations of a recovery residence without complying with the provisions of Regulation .10 of this chapter.

D. Renewal Certification. Pursuant to §A of this regulation, the Department’s designated credentialing entity shall:

(1) Grant approval of the application for renewal certification of a recovery residence in the following circumstances:

(a) The applicant holds a current certificate of compliance and is in substantial compliance with the NARR 2015 quality standards or their successor; or

(b) Subsequent to the issuance of a provisional certificate of compliance, the identified deficiencies on the basis of which the provisional certificate was granted have been fully and satisfactorily remediated;

(2) Grant provisional approval of the application for renewal certification of a recovery residence if:

(a) The credentialing entity has identified deficiencies with respect to specific NARR 2015 quality standards or their successor; and

(b) The identified deficiencies do not pose an imminent risk to the health, safety, or welfare of a resident; or

(3) Deny approval for an application for a renewal certification of a recovery residence in the following circumstances:

(a) The applicant is in substantial noncompliance with the NARR 2015 quality standards or their successor;

(b) One or more deficiencies have been identified that pose an imminent risk to the health, safety, or welfare of the residents;

(c) An individualized assessment of the nature and gravity of the facts disclosed under Regulation .04B of this chapter reveals that there would be an unreasonable risk of harm to the residents if the certificate were granted;

(d) The applicant has discontinued operations of a recovery residence without complying with the provisions of Regulation .10 of this chapter; or

(e) The identified deficiencies on the basis of which a second, consecutive provisional certificate has been issued have not been fully and satisfactorily remediated.

E. Considerations for Provisional Approval.

(1) If the Department’s designated credentialing entity has issued two consecutive provisional certificates of compliance, the second provisional certificate shall expire at the end of the duration of the certificate and the recovery residence may not be eligible for a third consecutive provisional certificate of compliance.

(2) If the Department’s designated credentialing entity has issued a provisional certificate of compliance under Regulation .07B of this chapter, except as provided in §E(1) of this regulation, before the expiration of the provisional certificate, the owner or operator of the recovery residence shall:

(a) Provide documentation to the credentialing entity that demonstrates that the identified deficiencies have been eliminated; and

(b) At the discretion of the credentialing entity, submit to a re-inspection of the residence.

(3) Following review of documentation submitted under §E(2)(a) of this regulation and, as applicable, the inspection conducted under §E(2)(b) of this regulation, the Department’s designated credentialing entity shall:

(a) Grant approval of the recovery residence, if the identified deficiencies on the basis of which the provisional certification was granted have been fully and satisfactorily remediated;

(b) Except as provided in §E(1) of this regulation, grant provisional approval of the recovery residence, if, despite the good faith effort of the owner or operator of the recovery residence, the identified deficiencies on the basis of which the provisional certification was granted have been only partially but not fully remediated or have been unsatisfactorily remediated; or

(c) Deny approval of the recovery residence, if the owner or operator has not demonstrated a good faith effort to remediate the identified deficiencies on the basis of which the provisional certification was granted.

 .07 Issuance of Approval or Denial of a Certificate of Compliance.

A. If the applicant was granted approval pursuant to Regulation .06B(1), C(1), D(1), or E(3)(a) of this chapter, the Department’s designated credentialing entity shall issue to the applicant the applicable certificate of compliance for a specified recovery residence for the specified duration of time set forth in §F of this regulation.

B. If the applicant was granted provisional approval pursuant to Regulation .06C(2), D(2),or E(3)(b) of this chapter, the Department’s designated credentialing entity shall issue to the applicant a provisional certificate of compliance for a specified recovery residence for the specified duration of time set forth in §F of this regulation.

C. If the applicant was denied approval pursuant to Regulation .06B(2), C(3), D(3), or E(3)(c) of this regulation, the Department’s designated credentialing entity shall issue to the applicant a written notification that the application has been denied and that includes the elements specified in §D of this regulation.

D. A notification to an applicant that its application for a certificate has been denied or that the applicant will receive a provisional certificate shall:

(1) Identify each deficiency, the applicable standard, the facts demonstrating the failure to comply with the standard, and the specific basis for the finding of failure to comply;

(2) Notify the applicant of the appeal rights provided in Regulation .13 of this chapter; and

(3) Solely for a notification of denial, notify the applicant of the obligation of the owner or operator to facilitate the move-out contingency plan, as required by Regulation .08C(3) of this chapter.

E. A certificate of compliance issued by the Department’s designated credentialing entity shall specify the following:

(1) Name of the recovery residence;

(2) Business name of the organization or entity that owns and operates the recovery residence;

(3) Number of beds permitted under the certificate;

(4) Gender designation of the beds;

(5) Address of the recovery residence;

(6) Type of certification:

(a) Initial;

(b) Grandfathering;

(c) Renewal; or

(d) Provisional;

(7) Level of recovery support provided:

(a) Level I Recovery Residence: Peer-run;

(b) Level II Recovery Residence: Monitored;

(c)Level III Recovery Residence: Supervised; or

(d) Level IV Recovery Residence: Service Provider;

(8) Duration of the certificate of compliance;

(9) Date of issue; and

(10) Certificate number.

F. Duration of the certificate of compliance:

(1) For initial certificates of compliance, shall equal 1 year from the date of issue;

(2) For grandfathering certificates, shall equal 1 year from the date of expiration of the MSARR approval;

(3) For renewal certificates, shall equal 1 year from the date of expiration of the current certificate of compliance; and

(4) For provisional certificates, shall equal not longer than 6 months from the date of:

(a) Issue for new applicants; or

(b) Expiration of the current certificate of compliance for continuing applicants.

G. Expiration of the Certificate of Compliance. If the owner or operator of the recovery residence fails to comply with the requirements of Regulation .04D of this chapter, the current certificate of compliance:

(1) Shall expire at the end of the duration of the certificate as specified in §E(8) of this regulation; and

(2) May not be subject to extension pursuant to §H of this regulation.

H. Extension of Certificate of Compliance of a Recovery Residence. If the credentialing entity does not complete a site inspection before the expiration of the certificate of compliance, the designated credentialing entity shall issue a written notification to the owner or operator of the recovery residence of an extension of the certificate of compliance until the designated credentialing entity is able to conduct a site inspection of the recovery residence.

I. Notification and Dissemination. The Department’s designated credentialing entity shall:

(1) Notify the LAA or LBHA of any recovery residence:

(a) Issued or denied a valid certificate pursuant to §A or C of this regulation; or

(b) For which a valid certificate of compliance has been revoked pursuant to Regulation .11 of this chapter; and

(2) Publish on the Department’s website a list:

(a) Of each recovery residence operating in each county in the State, or Baltimore City, that holds a valid certificate of compliance pursuant to §A or B of this regulation; and

(b) Including the following information:

(i) The name of the certified recovery residence;

(ii) The name of the owner and operator of the certified recovery residence; and

(iii) The contact information of the owner and operator.

.08 Recovery Residence Operations.

A. Intake. Within 10 working days of receipt of an accurate and complete referral for a recovery residence, the owner or operator or designee of the owner or operator shall:

(1) Conduct an intake to determine whether the individual who has been referred is appropriate for the recovery residence; and

(2) Either:

(a) If the owner or operator determines that the individual who has been referred is appropriate for the recovery residence, inform the individual in writing of admission into the recovery residence and the date by which the recovery residence may be occupied; or

(b) If the owner or operator determines that the individual who has been referred is not appropriate for the recovery residence, in writing:

(i) Inform the individual of the determination and the reason;

(ii) Provide the individual with recommendations for alternative housing or treatment services, as warranted; and

(iii) With proper consent, notify the referral source, the family, or others designated by the individual of the determination and of any recommendations for alternative housing or treatment services.

B. Orientation. On or before the date that an individual occupies the residence, the owner or operator shall:

(1) Ensure that the individual receives verbally and in writing, at a minimum, the following information:

(a) A description of services and recovery supports provided;

(b) A statement of resident rights, responsibilities, and house rules;

(c) A description of the complaint and grievance procedures as set forth in §J of this regulation;

(d) A copy of the resident service agreement that, at a minimum, contains the elements specified in Regulation .04A(5)(i) of this chapter;

(e) Policy and protocols for the disposition of resident possessions left at the residence following resident move-out;

(f) Policy and protocols for protecting the privacy and confidentiality of personally identifiable information;

(g) Policy and protocols for addressing resident alcohol and prohibited drug use or seeking behaviors;

(h) Resident drug screening and toxicology policy and protocols;

(i) Prescription and nonprescription medication usage and storage policy and protocols;

(j) Policy and protocols regarding the possession of hazardous and prohibited items and the associated circumstances under which an individual or property may be searched;

(k) Policy and protocols specifying the circumstances under which a resident may be asked to involuntarily vacate the residence; and

(l) Emergency contact numbers, procedures, and evacuation map;

(2) Document the resident’s signed receipt of the information contained in §B(1) of this regulation; and

(3) Exercise reasonable prudence to ensure that the prospective resident understands the information in §B(1) of this regulation before the resident’s signing the resident service agreement.

C. Recovery Plan. Within 10 working days of the resident’s occupancy of the residence, the owner or operator or designee of the owner or operator shall mentor each resident or monitor each resident’s participation in the development of an individualized recovery plan that, at a minimum, contains the following elements:

(1) Goals and objectives;

(2) Services and supports to be provided; and

(3) An individualized move-out contingency plan that specifies where the resident may safely live if the resident is no longer able to live in the recovery residence.

D. Recovery Residence Record Requirements: The Recovery Residence owner or operator shall:

(1) Develop, organize, and maintain original copies of applicable program materials as specified in Regulation .04A(5) of this chapter;

(2) Implement a manual or electronic accounting system that records all resident financial transactions with the owner or operator of the recovery residence; and

(3) Produce account statements within 5 working days of the request of the resident.

E. Resident Record Requirements.

(1) The recovery residence owner or operator shall, either manually or electronically, establish a record for each resident.

(2) The owner or operator shall ensure that individuals’ records are:

(a) Maintained in a manner that protects confidentiality of resident information;

(b) Located so that the records are convenient and available to designated staff or reviewers;

(c) Appropriately stored, secured, and indexed; and

(d) Subject to the requirements of confidentiality laws and regulations, made available to carry out required activities of the:

(i) Department;

(ii) The Department’s designated credentialing entity; and

(iii) The LAA or LBHA.

F. Contents of Resident Record. For each resident, the recovery residence shall maintain a record that contains, at a minimum:

(1) Identifying information, including but not limited to:

(a) Name, sex, race, marital status, and date of birth of the individual;

(b) Address and telephone number; and

(c) As permitted by law, Social Security number;

(2) If available, the names, addresses, and telephone numbers of at least two individuals to be contacted in case of emergency;

(3) Documentation of any current medical conditions or allergies;

(4) Documentation of any prescribed or over the counter medications that the resident is taking, the dosage of each medication, and the frequency with each medication is being taken;

(5) If applicable, names and either addresses or telephone numbers of the individual’s:

(a) Treatment provider;

(b) Care coordinator;

(c) Primary care provider;

(d) Managed care organization; and

(e) Insurance carrier;

(6) The referrals to the recovery residence, including but not limited to:

(a) Source of the referral;

(b) Documentation as to whether the individual has been referred from a behavioral health program or health professional; and

(c) Date of receipt of the referral;

(7) The intake conducted under §A(1) of this regulation and the date of the intake;

(8) The date of admission and resident occupancy as specified in §A(2) of this regulation;

(9) For Level III and Level IV recovery residences, a copy of any referrals from the recovery residence to applicable treatment and service providers, as warranted;

(10) An individualized recovery plan as developed under §C of this regulation;

(11) Documentation that substantiates that the requirements under §B(2) and (3) of this regulation have been met;

(12) A signed resident agreement for the payment and collection of fees, charges, or rents associated with the recovery residence;

(13) An itemized record of resident payment of fees, charges, or rents;

(14) If applicable, critical incident reports pursuant to §G of this chapter; and

(15) Any written notifications to the resident.

G. Critical Incidents. The owner or operator of the recovery residence shall report all critical incidents to the Department or its designee within 5 calendar days following receipt of knowledge of the incident, on the form required by the Department.

H. Criminal Background Investigation.

(1) The owner or operator of the recovery residence shall have and follow a written policy that complies with §F(2) of this regulation regarding the criminal history of any staff member, employee, peer, or volunteer who serves in a staff capacity with the recovery residence and, in that capacity, has direct and regular interaction with residents.

(2) At a minimum, the policy specified in §H(1) of this regulation shall require that, when deciding whether the criminal history of a potential staff member, employee, peer, or volunteer disqualifies the individual from being selected to serve in a staff capacity at the recovery residence, the owner or operator of the recovery residence shall consider:

(a) The age at which the individual committed the crime;

(b) The circumstances surrounding the crime;

(c) Any punishment imposed for the crime, including any subsequent court actions regarding that punishment;

(d) The length of time that has passed since the crime;

(e) Subsequent work history;

(f) Employment and character references; and

(g) Any other evidence that demonstrates whether the staff member, employee, volunteer, or peer poses a threat to the health, safety, or welfare of a resident or a member of the public.

(3) The owner or operator of a recovery residence may not hire or permit to serve in a staff capacity an individual, peer, or volunteer if the owner or operator does not receive and consider the criminal history information required under this regulation.

(4) An individual may not be hired or serve in a staff capacity as an employee, volunteer, or peer:

(a) For a recovery residence with residents younger than 18 years old, if the individual has been convicted at any time of child abuse or child sexual abuse; and

(b) For a recovery residence with residents 18 years old or older, if the individual has been convicted at any time of abuse or neglect of a vulnerable adult.

(5) The criminal background policy may be stricter than required by this regulation, as appropriate, to protect the residents or the public.

(6) The owner or operator shall document and retain in an individual staff record the following:

(a) The review of criminal history records of a potential staff member, employee, peer, or volunteer;

(b) The decision regarding the impact of the criminal history on the fitness or suitability of each individual to serve in a staff capacity at the residence; and

(c) Implementation of the policy required by §H(1) of this regulation.

I. Posting of Information Within the Residence. The owner or operator of the recovery residence shall ensure that the following information is posted in a conspicuous location within the common area of the residence:

(1) A statement of resident rights, responsibilities, and house rules;

(2) A description of the complaint and grievance procedures as set forth in §J of this regulation; and

(3) Emergency contact numbers, procedures, and evacuation map.

J. Complaint Grievance Procedures. The owner or operator shall ensure that:

(1) The description of the complaint and grievance procedures in §§B(1)(c) and I(2) of this regulation contains the following elements:

(a) Steps of the grievance process;

(b) Levels to which the grievance may be taken; and

(c) The right to take unresolved grievances to the oversight authority;

(2) No retaliation against a resident who presents a grievance is taken; and

(3) Each resident is informed of any changes to the resident grievance policy and the nature and extent of the revisions.

K. Involuntary Vacation of the Residence. If a resident poses a risk to the health, safety, and welfare of the individual or others, the owner or operator may ask the individual to vacate the residence, as follows:

(1) If the resident is involuntarily asked to vacate the residence, the owner or operator shall, in writing:

(a) Inform the resident of the determination and the reason for such determination; and

(b) Provide information on alternative housing and treatment options; or

(2) If the owner or operator is unable to provide written notification to the resident due to the nature of the risk, the owner or operator shall document the determination and the reason for the determination in the resident record.

L. Nondiscrimination. A recovery residence may not discriminate on the basis of race, creed, color, gender, sexual orientation, gender identity, national origin, marital status, disabilities, and any other classification prohibited under state or federal law, including:

(1) Americans with Disabilities Act, 42 U.S.C. §12101 et seq.; and

(2) Fair Housing Act, 42 U.S.C. §3804.

.09 Sale or Transfer of a Certificate of Compliance.

A. The certificate of compliance for a recovery residence shall be valid only for the residence and address for which the certificate is issued.

B. If the sale or transfer of a recovery residence causes a change in ownership, the owner or operator may not sell, assign, or transfer its certificate of compliance.

C. The new owner or operator shall apply for an initial certificate of compliance to operate a certified recovery residence pursuant to Regulation .04 of this chapter.

.10 Discontinuation of Operations of a Recovery Residence.

A. If a certified recovery residence intends to discontinue operations, the owner or operator shall submit, not earlier than 60 calendar days before the residence intends to cease operations, to the Department’s credentialing entity, a written plan for:

(1) Cessation of operations, including relevant dates;

(2) Informing residents of the planned discontinuation of operations and of other certified recovery residences and housing options; and

(3) Notifying employees, volunteers, staff, and peers of the cessation of operations.

B. Once the recovery residence is no longer in operation, the owner or operator shall surrender the certificate of compliance to the Department’s designated credentialing entity.

C. If the owner of a recovery residence does not comply with §§A and B of this regulation, the Department may deny any future application for a certificate of compliance that the owner, operator, or principals of the recovery residence may submit.

.11 Revocation of a Certificate of Compliance.

A. If the Department determines that a recovery residence certified under this chapter has violated a requirement of this chapter, the Department may revoke the certificate of compliance.

B. If the Department revokes a recovery residence’s certificate of compliance under this regulation, the Department or its designee shall notify the residents of the recovery residence of the revocation and of other certified recovery residences and housing options.

.12 Civil Money Penalties.

A. The Department may impose on a person a civil money penalty not to exceed $1,000 for each offense for advertising, representing, or implying to the public that a recovery residence that does not possess a current certificate of compliance issued by the Department’s designated credentialing entity is a certified recovery residence.

B. In determining the amount of the civil money penalty to be imposed, the Department shall consider the following factors:

(1) The nature, number, and seriousness of the violations;

(2) The ability of the recovery residence to pay the penalty; and

(3) Any other factors the Department determines are relevant.

.13 Recovery Residence’s Right to a Hearing on Proposed Sanctions.

A recovery residence may submit a request for an administrative hearing in accordance with Regulation .14 of this chapter to appeal any of the following decisions proposed by the Department’s designated credentialing entities:

A. The denial of an application for a certificate of compliance or for a renewal of a certificate of compliance;

B. A revocation of a certificate of compliance under Regulation .11 of this chapter.

C. An issuance of a provisional certificate rather than a certificate of compliance under Regulation .06 of this chapter; or

D. Notice of the imposition of a civil money penalty under Regulation .12 of this chapter.

.14 Hearing Procedures.

A. If the Department’s designated credentialing entity proposes to take an action listed in Regulation .13 of this chapter, the Department shall deliver a written notice of the proposed action to the recovery residence, in accordance with the provisions of COMAR 10.01.03.

B. Within 10 working days after receipt of the notice of proposed action, the recovery residence may submit to the Department, at the address indicated in the notice, a written request for a hearing with copies to the:

(1) Behavioral Health Administration;

(2) LAA or LBHA, as appropriate; and

(3) The Director of the Department’s designated credentialing entity.

C. If the recovery residence does not submit to the Department a hearing request that is postmarked within 10 working days after the date on the notice:

(1) The right of the recovery residence to a hearing is waived; and

(2) The Department’s designated credentialing entity may implement the proposed action.

D. When possible, the Department may offer the recovery residence the opportunity for an informal case resolution conference to attempt to resolve all or some of the deficiencies listed in the notice.

E. Any hearing permitted by this chapter shall follow the procedures set out in COMAR 10.01.03.

DENNIS SCHRADER
Secretary of Health

 

Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 02 DIVISION OF CORRECTION

12.02.28 Administrative Remedy Procedures to Resolve Inmate Complaints

Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211 Annotated Code of Maryland

Notice of Proposed Action

[17-267-P]

The Secretary of Public Safety and Correctional Services proposes to adopt new Regulations .01—.20 under a new chapter, COMAR 12.02.28 Administrative Remedy Procedures to Resolve Inmate Complaints.

Statement of Purpose

The purpose of this action is to adopt regulations setting out procedures for the resolution of complaints by inmates within the custody of the Division of Correction. The Administrative Review Process is currently established through internal administrative documents.

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 Greene, Chief, Case Management, Division of Correction, 6776 Reisterstown Road, Ste. 300, Baltimore, MD 21215 or call 410-585-3300. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

.0l Purpose.

A. Under the authority granted the Secretary of Public Safety and Correctional Services under Correctional Services Article, §2-103, Annotated Code of Maryland and concurrence of the Commissioner of Correction and Director of Patuxent Institution:

(1) These regulations apply to an inmate in the custody of the Division of Correction and the Patuxent Institution; and

(2) Responsibilities previously assigned under the Administrative Remedy Procedures to the Director of Patuxent Institution, such as reviewing, approving, and reporting are now the responsibility of the Commissioner of Correction.

B. These regulations establish procedures for an inmate to seek resolution of a complaint through:

(1) Informal resolution with facility staff;

(2) The Administrative Remedy Procedure, which is a formal process consisting of:

(a) Presentation of the complaint to the managing official for investigation and resolution; and

(b) An appeal to the Commissioner of Correction.

C. Except as permitted by the Inmate Grievance Office under COMAR 12.07.01, an inmate shall exhaust the remedies available under this chapter before submitting a complaint to the Inmate Grievance Office.

.02 Definitions.

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

B. Terms Defined.

(1) “Administrative Remedy Procedure (ARP)” means a formal process established by the Commissioner of Correction to address inmate complaints concerning conditions of confinement.

(2) “Administrative Remedy Coordinator (ARC)” means an employee designated by the Commissioner of Correction or Managing Official to receive, acknowledge, and direct the investigation of ARP complaints and to maintain all records relating to the complaints according to procedures set forth in this chapter.

(3) “Appeal” means the process by which an inmate seeks review by the Commissioner of Correction of a decision regarding a complaint submitted under the ARP at the correctional facility level.

(4) “Closely related issues” means matters that are the result of single incident or condition.

(5) “Commissioner” means the Commissioner of Correction.

(6) “Conditions of confinement” means any circumstances, situations, or events that involve an inmate’s custody, transportation, incarceration, or supervision.

(7) “Correctional facility” means a facility within the Division of Correction or Patuxent Institution that is operated for the purpose of confining an individual who is committed to the custody of the Commissioner.

(8) “Department” means the Department of Public Safety and Correctional Services.

(9) “Formal resolution” means a written decision and, if appropriate, relief from the managing official or Commissioner regarding an inmate complaint filed under the ARP.

(10) “Frivolous” means a complaint that:

(a) Is not serious or practical; or

(b) Shows on its face a complete lack of substance or merit.

(11) “Informal resolution” means the process by which an inmate seeks relief for a complaint from facility staff under this chapter other than through the ARP.

(12) “Inmate” means an individual committed to the custody of the Commissioner and housed in a Division of Correction or Patuxent Institution correctional facility.

(13) “Malicious” means an act that is spiteful, shows ill will, or demonstrates intent to cause harm.

(14) “Managing official” means the warden or other individual responsible for the management of a correctional facility.

(15) “May not” means an absolute prohibition and does not imply discretion.

(16) “Procedural dismissal on preliminary review” means the administrative refusal to accept, investigate, or process an inmate complaint under the ARP, because the inmate’s complaint:

(a) Exceeds time limits for filing the complaint;

(b) Does not provide required or sufficient information;

(c) Is incomplete; or

(d) Is determined to be frivolous or malicious.

(17) “Remedy” means an action to resolve conditions or circumstances that resulted in an inmate complaint under this chapter.

(18) “Working day” means a day of the week excluding weekend days, State holidays, or days on which State offices are closed.

.03 Organization and Responsibilities.

A. The Commissioner, or a designee, is responsible for:

(1) Oversight of the ARP;

(2) Ensuring that a managing official properly applies ARP policy and procedures authorized under this chapter;

(3) Designating a Headquarters ARC;

(4) Designating Headquarters staff to investigate or delegate ARP investigative responsibilities authorized under this chapter;

(5) Responding to appeals with in the established time frame; and

(6) Reviewing ARP decisions on appeal from the correctional facility level.

B. The Headquarters ARC is responsible for:

(1) Managing ARP duties at the Headquarters level;

(2) Ensuring that Headquarters staff perform and complete ARP assignments according to requirements under this chapter;

(3) Reporting to the Commissioner, or a designee, compliance issues related to the ARP;

(4) Processing ARP appeals within the established time frame;

(5) Receiving, acknowledging, and directing investigations related to an ARP appeal;

(6) Maintaining documents and records related to the ARP;

(7) Developing and implementing training programs for investigators and ARCs structured to facilitate the ARP; and

(8) Ensuring facility compliance with requirements of this chapter by auditing correctional facility activities related to inmate complaints.

C. A managing official, or a designee, is responsible for:

(1) Oversight of and compliance with procedures to resolve inmate complaints at the managing official’s correctional facility;

(2) Designating a facility ARC and an alternate facility ARC from the following positions:

(a) Case management specialist; or

(b) Correctional officer;

(3) Ensuring that facility staff are aware of the ARP by:

(a) Providing each new employee with an Administrative Remedy Procedure Fact Sheet for new employees;

(b) Having the new employee sign a receipt for the Administrative Remedy Procedure Fact Sheet for New Employees; and

(c) Having the signed receipt placed in the employee’s facility personnel file;

(4) Ensuring that staff attempt to resolve inmate complaints at the lowest possible level;

(5) Responding to inmate complaints within the established time frame; and

(6) Ensuring that the Introduction to the Administrative Remedy Procedure form is read to the inmate as part of inmate orientation and included in the inmate handbook.

D. A facility ARC is responsible for:

(1) Processing ARP complaints at the ARC’s facility in accordance with established procedures and within the required time frame;

(2) Ensuring that facility staff complete ARP related duties in accordance with established procedures;

(3) Maintaining documents and records related to resolving inmate complaints under this chapter;

(4) Reporting ARP non-compliance issues to the managing official;

(5) Ensuring that ARP forms are available from case management, housing unit officers, and the inmate library; and

(6) Ensuring that appropriate accommodations are made for an inmate with limited English proficiency or a disability that affects the inmate’s ability to file a complaint under the ARP in accordance with Department procedures.

E. A unit liaison:

(1) Is an employee assigned by the managing official, or a designee, to be the ARC’s point of contact in the unit investigating an ARP complaint; and

(2) When assigned an ARP investigation, shall conduct or reassign the investigation to an employee in the same unit.

F. An individual designated to investigate an ARP complaint under this chapter shall:

(1) Thoroughly investigate the complaint using the Administrative Remedy Procedure Case Summary form; and

(2) Complete the assigned investigation and forward documentation to the ARC assigning the investigation within the time limit established for the investigation.

G. The managing official, or a designee, shall ensure that:

(1) Forms required by an inmate to request resolution of a complaint under this chapter are available to the inmate; and

(2) If requested, the inmate is provided appropriate assistance with reading and completing the form.

.04 Conditions of Confinement Subject to the ARP.

A. An inmate may use the ARP to resolve a complaint related to:

(1) Correctional facility policy and procedures;

(2) Medical and mental health services;

(3) Access to a court;

(4) Religious liberties;

(5) Inmate property that is:

(a) Lost;

(b) Damaged;

(c) Stolen;

(d) Destroyed; or

(e) Confiscated;

(6) Complaints against staff;

(7) Use of force;

(8) Sentence computation and diminution of confinement;

(9) Correctional facility conditions affecting inmate:

(a) Health;

(b) Safety; or

(c) Welfare;

(10) Retaliation for seeking to resolve a complaint through the ARP;

(11) Management and application of the procedures under this chapter for resolving an inmate complaint;

(12) Commissary; and

(13) Inmate telephone system.

B. An inmate may not use the ARP to resolve a complaint concerning:

(1) Case management recommendations and decisions;

(2) Parole Commission procedures and decisions;

(3) Inmate disciplinary hearing procedures and decisions;

(4) Appeals of a decision to withhold inmate mail; or

(5) The following acts by staff or another inmate, which shall be addressed according to Department procedures for addressing complaints under the Prison Rape Elimination Act:

(a) Rape;

(b) Sexual assault, sexual harassment, sexual abuse; and

(c) Other sexual misconduct.

.05 Inmate Complaint Resolution — Overview.

A. An employee who is assigned to investigate and respond to an inmate complaint under this chapter shall work with the inmate to attempt to resolve the inmate’s complaint at the lowest level of inmate supervision.

B. The process for resolving an inmate complaint consists of two components:

(1) Informal resolution; and

(2) Formal resolution through the ARP.

C. Informal Resolution.

(1) An inmate may attempt to resolve a complaint informally by working with appropriate staff to reach a remedy to the conditions resulting in the inmate complaint.

(2) An inmate may initiate a formal request to resolve the complaint if:

(a) The inmate and staff are unable to remedy the inmate complaint; or

(b) Staff does not respond to the inmate’s informal complaint.

(3) An inmate is not required to exhaust the informal resolution procedure in order to file a request for formal resolution through the ARP.

D. Formal resolution of an inmate complaint consists of utilizing the ARP to file:

(1) A request for administrative remedy with the managing official; and

(2) An appeal to the Commissioner, if the inmate is not satisfied with the managing official’s response to the request for an administrative remedy.

E. If the inmate’s complaint is not resolved after an appeal under the ARP, the inmate may file a grievance with the Inmate Grievance Office according to procedures under COMAR 12.07.01.

F. An inmate may not file a request to resolve a complaint under this chapter:

(1) On behalf of another inmate, staff, or other third person, such as a visitor; or

(2) Brought as a class action.

G. The transfer of an inmate to another facility in the Department does not terminate the ARP, although the transfer of an inmate may be relevant to a determination whether the request is moot or whether relief is available.

H. Filing a complaint with the Department’s Intelligence and Investigative Division does not:

(1) Constitute an administrative remedy; and

(2) Excuse the inmate from the requirement of pursuing an administrative remedy under this chapter.

I. An inmate is responsible for:

(1) Using the ARP for the intended purpose; and

(2) Being honest and straightforward throughout the process.

J. An inmate may not be subject to retaliation because the inmate used the procedures established under this chapter to resolve an issue and:

(1) An inmate may use the ARP or an informal resolution to resolve a complaint of retaliation for using the procedures established under this chapter.

(2) If the inmate’s complaint of retaliation is confirmed, the managing official shall ensure that the appropriate action is taken in accordance with the Department’s Standards of Conduct.

.06 Limiting Requests for Formal Resolution of Inmate Complaints under ARP.

A. The Commissioner, based on a recommendation from a managing official, may limit the number of inmate complaints for which an inmate may request formal resolution under the ARP.

B. The Commissioner shall base a decision to limit an inmate’s requests for formal resolution under the ARP on the inmate’s history of complaints under the ARP considering, at a minimum:

(1) The number of formal resolution requests filed by the inmate during the 6 months immediately preceding the date of the most recent request for formal resolution;

(2) Of the number of requests under §B(1) of this regulation, the number that were:

(a) Substantiated; and

(b) Procedurally dismissed on preliminary review based on a finding that the inmate’s complaint was frivolous or malicious; and

(3) Information provided by the managing official supporting a recommendation to limit the inmate’s requests for formal resolution under the ARP.

C. A managing official seeking to limit the number of requests for formal resolution under the ARP that an inmate may submit shall:

(1) Submit the request to the Commissioner in writing in a format and on forms approved by the Commissioner;

(2) Include in the written request the information required under §§B(1) — (3) of this regulation; and

(3) Recommend to the Commissioner:

(a) The number of requests an inmate may submit for formal resolution under ARP; and

(b) The period for which the proposed limit remains in effect.

D. The Commissioner shall:

(1) Review a request to limit an inmate’s use of the formal resolution process under the ARP; and

(2) Respond to the managing official in writing:

(a) Approving or denying the request; or

(b) Indicating a different:

(i) Number of requests an inmate may submit for formal resolution under the ARP; or

(ii) Period for which the limit remains in effect.

E. If the Commissioner denies the request, the Commissioner shall include in the written response to the managing official the reason for the denial.

.07 Withdrawing an ARP Request or ARP Appeal.

A. An inmate filing an ARP request or appeal may withdraw the request or appeal at any time prior to the issuance of a decision on the request or appeal.

B. An inmate withdrawing a request or appeal shall submit the request to withdraw the request or appeal:

(1) In writing using an Administrative Remedy Procedure Withdrawal form (Withdrawal form); and

(2) To the facility ARC receiving the original ARP request or the Headquarters ARC receiving the appeal.

C. An ARC receiving a properly completed Withdrawal form shall:

(1) Take steps to stop any action taking place related to the inmate complaint;

(2) Appropriately record action taken in response to the withdrawal request;

(3) File the original Withdrawal form in the appropriate ARP file; and

(4) Provide the inmate with a copy of the finalized Withdrawal form.

.08 Informal Resolution of an Inmate Complaint.

A. As soon as possible after the incident resulting in the complaint occurred or the date the inmate first had knowledge of the incident, an inmate seeking informal resolution of a complaint under this chapter shall:

(1) Document the request in writing on an Informal Inmate Complaint form; and

(2) Forward the completed form to the appropriate unit head or shift commander.

B. An inmate may file as many forms as necessary to address the incident; however, only one complaint may be on a single form.

C. When completing the Informal Inmate Complaint form, the inmate shall:

(1) Provide:

(a) The subject of the complaint;

(b) The date the incident occurred or the inmate first had knowledge of the incident;

(c) The names of other individuals involved;

(d) A brief description of the incident or complaint; and

(2) Date and sign the completed form.

D. Filing a request for informal resolution of an inmate complaint does not extend the period for filing a request for formal resolution under Regulation .09 of this chapter.

E. A unit head or shift commander receiving an Informal Inmate Complaint form shall:

(1) Record on the form the date received and the initials of the individual receiving the form;

(2) Provide a copy of the receipted form to the inmate;

(3) Assign an individual, if possible familiar with the subject matter area involved in the complaint, to, within 15 calendar days of the date recorded on the request indicating receipt by the unit head or shift commander:

(a) Review the form to establish the basis of the complaint;

(b) Research and review appropriate reports, records, policies, procedures and other documents;

(c) Assess merit of the complaint in light of items under §E(3)(b) of this regulation;

(d) If applicable, recommend a remedy to resolve the complaint; and

(e) Draft and submit a response, with or without consultation with the unit head or shift commander, on the form to the individual assigning the case for review.

F. A unit head or shift commander receiving a report under §E(3)(e) of this regulation shall:

(1) Review and, if the report is properly completed in accordance with provisions established under this chapter, sign and date the form;

(2) Ensure that a copy of the form is provided to the inmate filing the request; and

(3) If appropriate, ensure that the approved steps are taken to grant the approved remedy.

.09 Formal Resolution of an Inmate Complaint — Requests.

A. A request for formal resolution of a complaint under this chapter may be filed only by an inmate.

B. An inmate seeking formal resolution of a complaint under this chapter, as soon as possible, but no later than 30 days after the date of the incident resulting in the complaint or the date the inmate first had knowledge of the incident, whichever is later, shall:

(1) Document the request in writing using an Administrative Remedy Procedure Request for Administrative Remedy form (Request form); and

(2) Submit the completed Request form in accordance with the managing official’s written instructions.

C. A staff member receiving a Request form under §B(2) of this regulation shall:

(1) Date and sign the Request form;

(2) Provide the inmate with a copy of the dated and signed Request form; and

(3) Forward the Request form for processing in accordance with written procedures established by the managing official.

D. When completing the Request form, the inmate shall:

(1) Use a typewriter or a black or blue ink pen;

(2) Provide:

(a) The subject of the complaint;

(b) The date the incident occurred or the inmate first had knowledge of the incident;

(c) The names of other individuals involved;

(d) A brief description of the incident or complaint;

(e) Steps, if any, taken toward an informal resolution of the complaint; and

(f) Relief requested to resolve the complaint; and

(3) Date and sign the completed Request form.

.10 Formal Resolution of an Inmate Complaint — Preliminary Review.

A. Facility Preliminary Review of a Request Form.

(1) Within 5 working days of the date of receipt of a Request form by the managing official, the facility ARC shall:

(a) Assign a case number to the request according to requirements established in Regulation .19 of this chapter;

(b) Index the request according to requirements established in Regulation .19 of this chapter; and

(c) Review the request to determine if the request:

(i) Is frivolous or malicious;

(ii) Is complete and submitted according to requirements under this chapter;

(iii) Is eligible for resolution under this chapter; and

(iv) Has been submitted within established time requirements; and

(d) Take action required under §A(2) or (3) of this regulation.

(2) If the request is determined to be frivolous or malicious, the managing official, or a facility ARC, shall:

(a) Properly complete the appropriate part of the Request form; and

(b) Record that the request is procedurally dismissed as being frivolous or malicious, or both.

(3) If the Request form is determined to incomplete and the missing information is necessary to review the inmate’s complaint, the managing official or facility ARC shall:

(a) Properly complete the appropriate part of the Request form;

(b) Record that the request is procedurally dismissed as being incomplete;

(c) Provide specific direction to resolve the noted issue;

(d) Establish a due date for the resubmission that is the later of:

(i) 15 calendar days from the date of the procedural dismissal; or

(ii) 30 calendar days of the date of the original submission of the Request form;

(e) Return the completed Request form and a blank Request form to the inmate; and

(f) File a copy of the completed Request form in the appropriate ARP file.

(4) A Request form may not be determined incomplete and therefore procedurally dismissed pending resubmission under §A(3) of this regulation solely because the inmate did not include information concerning actions taken to informally resolve the complaint.

(5) After the managing official or a facility ARC reviews a Request form, the facility ARC shall:

(a) Appropriately process the request based on the action resulting from the preliminary review;

(b) Ensure that the affected individuals are notified of the result of the preliminary review;

(c) If the Request form is not subject to procedural dismissal on preliminary review on the date the case is indexed:

(i) Review the request to determine the nature of the case and assign the case for investigation by an individual familiar with the nature of the case; and

(ii) Return the receipt portion of the Request form to the inmate filing the request; and

(d) Appropriately file the ARP documents.

B. Headquarters Preliminary Review of a Request Form. If a Request form is submitted directly to the Commissioner without being submitted first to the inmate’s managing official, the Commissioner, or a designee, shall:

(1) Refer the Request form to the appropriate managing official including the date that the request was received by the Commissioner;

(2) Record the Request form in the Headquarters index without a case number; and

(3) Notify the inmate submitting the Request form, in writing, of the request being referred to the managing official.

C. A managing official who receives a Request form from the Commissioner shall process the Request form in accordance with provisions under §A of this regulation.

.11 Procedural Dismissal on Preliminary Review — Resubmission.

A. Incomplete Request — Eligible for Resubmission.

(1) A dismissal on preliminary review of a Request form may be resubmitted if the procedural dismissal on preliminary review is based on:

(a) An incomplete request form; or

(b) A requirement for more information than that provided on the Request form.

(2) Upon receipt of a Request form from a managing official indicating the request is to be procedurally dismissed on preliminary review because of reasons under §A(1) of this regulation, the facility ARC, within 5 working days of the date of receipt of the request by the managing official, shall:

(a) Sign, date, and return the Request form to the inmate submitting the request including written notification of the procedural dismissal on preliminary review;

(b) Provide instructions for resubmitting the request that include:

(i) Completing a new Request form;

(ii) Complying with instructions provided; and

(iii) Submitting the request to the facility ARC by the date specified in the notice;

(c) Provide notice that:

(i) If the resubmission does not correct issues noted by the facility ARC, the procedural dismissal on preliminary review is final; and

(ii) If the resubmission is not received by the date established by the facility ARC indicated in the notice provided under §A(2) of this regulation, the procedural dismissal on preliminary review is final.

(3) An inmate may appeal a dismissal in accordance with the procedures set forth in Regulation .14 of this chapter.

B. Procedural Dismissal on Preliminary Review — Ineligible for Resubmission.

(1) A procedural dismissal on preliminary review of a Request form may not be resubmitted if the procedural dismissal on preliminary review is based on a finding by the facility ARC that the:

(a) Inmate complaint is frivolous or malicious;

(b) Inmate complaint is not eligible for resolution under Regulation .04 of this chapter;

(c) Except for provisions under §B(3) of this regulation, request was not submitted within established time requirements;

(d) Inmate complaint has previously been resolved outside the formal resolution process;

(e) Inmate complaint has previously been resolved through the formal resolution process;

(f) Inmate complaint is repetitive of a request previously filed by the inmate through the formal resolution process, and a response was issued as a result of the previous request;

(g) Request is in excess of an authorized limit on the number of requests the inmate may submit; or

(h) Incident in the Request is determined by the facility ARC to be the basis of an investigation being conducted by the Department’s Intelligence and Investigative Division.

(2) Upon receipt of a Request form from a managing official, indicating the request is to be procedurally dismissed on preliminary review for reasons under §B(1) of this regulation, the facility ARC, within 5 working days of the date of receipt of the request by the managing official, shall:

(a) Sign, date, and return the Request form to the inmate submitting the request including written notification of the procedural dismissal on preliminary review;

(b) Include information as to the reason for the procedural dismissal on preliminary review;

(c) Include a statement that the procedural dismissal on preliminary review is final; and

(d) Notify the inmate that the decision may be appealed to the Commissioner if the procedural dismissal is based on §B(1)(h) of this regulation and include in the notification the following statement:

“The request is procedurally dismissed at this level. It has been determined that the subject matter of your Request is under investigation by the Department’s Intelligence and Investigative Division under case number [insert case number here] and no further action will be taken under the Administrative Remedy Procedures at this level. You may appeal this decision to the Commissioner of Correction.”

(3) If the managing official or the facility ARC receives a Request form after the permitted time frame for submitting a Request form, the managing official or facility ARC may:

(a) Accept and process the Request form if the managing official or the facility ARC determines that the inmate has demonstrated that extraordinary circumstances prevented the inmate from submitting the Request form within the required time frame; or

(b) Procedurally dismiss the untimely Request form on preliminary review, with or without referring the untimely Request form to the appropriate facility for follow up independent of the ARP and notify the inmate that the decision may be appealed to the Commissioner.

C. When a Request form is procedurally dismissed on preliminary review, the facility ARC, on the date the request is indexed, shall:

(1) Return the original and one copy of the request form to the inmate filing the request; and

(2) Place a copy in the ARP file maintained by the facility ARC.

D. A procedural dismissal on preliminary review by a managing official, or a designee, may be appealed to the Commissioner according to Regulation .14 of this chapter.

.12 Formal Resolution of an Inmate Complaint — Investigation.

A. If a Request form is not procedurally dismissed under this chapter, a facility ARC:

(1) On the date the Request form is indexed, shall:

(a) Complete and send the receipt portion of the Request form to the inmate; and

(b) Review the request to determine the nature of the Request form in order to assign the investigation to the unit liaison familiar with the area or subject matter that is the basis of the Request form.

(2) May not assign the request for investigation to an employee if that assignment is to an employee who is the subject of the complaint.

B. If a Request form is received at the inmate’s current facility, but the complaint is based on an incident occurring at the inmate’s previous facility, the managing official, or facility ARC at the inmate’s:

(1) Current facility shall:

(a) Index the Request form at the current facility;

(b) Forward the Request form to the managing official of the facility where the incident occurred; and

(c) Maintain a copy of the Request form at the inmate’s current facility.

(2) Previous facility shall:

(a) Respond to the Request form as though the Request form was originally received at that facility;

(b) Complete all requirements of the ARP as established under this chapter;

(c) Forward a copy of the resulting ARP documentation to the current facility for:

(i) Notification to the inmate;

(ii) Updating the index; and

(iii) Filing in the current facility’s ARP file; and

(d) Maintain the original documentation in the current facility’s ARP files.

C. A unit liaison assigned to conduct an investigation of a Request form under this chapter is responsible for ensuring that the investigation is completed and may:

(1) Personally conduct the assigned investigation; or

(2) Reassign the investigation to another employee in the unit.

D. An investigation of a Request form shall, absent good cause for not conducting an interview include an interview with:

(1) The inmate filing the Request form;

(2) A relevant witness named by the inmate; and

(3) A relevant employee, including a health care provider, involved in or able to provide relevant information related to the complaint and who, unless good cause exists, shall submit a written report of the information provided to the assigned investigator.

E. If interviewing an inmate or multiple inmates involved in the complaint would pose a threat to safety or security at the facility, the interviews may not be required and the justification for not conducting the interview shall be included in the Administrative Remedy Procedure Case Summary form.

F. At the North Branch Correctional Institution, interviews of relevant inmates may be conducted using the facility intercom system to accommodate security requirements; however, personal interviews shall be conducted, absent good cause, if the intercom system is inoperable at the time of the interviews or if privacy concerns prevent use of the system.

G. An investigation of a Request form shall:

(1) In addition to interviews under §D of this regulation, include a:

(a) Review of records, reports, policy and procedures, and other documents relevant to the inmate complaint;

(b) Finding of facts that chronologically identifies the events related to the inmate complaint; and

(c) Recommendation and written justification determining the inmate complaint is considered:

(i) Meritorious;

(ii) Meritorious in part; or

(iii) Dismissed;

(2) Be completed within the period determined by the facility ARC;

(3) Documented using an Administrative Remedy Procedure Case Summary form that:

(a) Includes:

(i) Information obtained from interviews and, if applicable, justification for not conducting a required interview;

(ii) Information obtained by reviewing documents;

(iii) Findings of fact; and

(iv) A recommendation and justification for the recommendation as to the disposition of the case; and

(b) Is submitted to the managing official or facility ARC assigning the case for investigation within the time frame established by the managing official or facility ARC.

H. A managing official or facility ARC receiving a report and related documents under §G of this regulation shall review the report and related documents to ensure that the investigative actions and related documentation meet requirements of this chapter, and:

(1) If the managing official’s or facility ARC’s review determines that the Administrative Remedy Procedure Case Summary is deficient or incomplete shall:

(a) Return the documents to the investigator responsible for the investigation;

(b) Provide instruction as to correcting the identified deficiencies; and

(c) Establish a date for the investigator to return the documents with deficiencies resolved; or

(2) If the managing official’s or facility ARC’s review determines the report and related documents are sufficient, shall prepare a response using the Administrative Remedy Request form, for the managing official’s signature or the Commissioner’s signature to the inmate submitting the Request form that is based on:

(a) The case summary;

(b) Attached documentation and reports; and

(c) The investigator’s recommendation;

(3) The response required under §H(2) of this regulation shall:

(a) Be provided to the inmate within 30 calendar days of the date the inmate filed a formal complaint using the ARP, unless an extension is authorized under § .12K of this regulation;

(b) In the first sentence of the response appropriately state that the complaint is:

(i) Meritorious;

(ii) Meritorious in part; or

(iii) Dismissed;

(c) Address each element and allegation of the complaint;

(d) Be easy to understand;

(e) Clearly state the facts upon which the decision is based;

(f) Provide an explanation of any remedy resulting from the findings;

(g) Notify the inmate that the decision may be appealed to the Commissioner; and

(h) Be forwarded to the managing official for review.

I. A managing official receiving documents under §H(3)(g) of this regulation shall review the information and if the action related to resolving the inmate complaint is determined:

(1) Unsatisfactory, return the documents to the ARC with instructions directing additional action or information and resubmittal for review; or

(2) Satisfactory, sign and date the appropriate documents and return all documents to the ARC.

J. An ARC receiving:

(1) An unsatisfactory finding under §I(1) of this regulation shall ensure steps are taken to address any deficiencies and return the document so that notification to the inmate filing the request is made within the established time frame; or

(2) A satisfactory finding under §I(2) of this regulation shall, within the established time frame, distribute:

(a) The original and one copy of the completed Request form to the inmate filing the Request form; and

(b) A copy of the Request form signed by the inmate and originals of related documents to the ARP file.

K. Extension of 30 Calendar Day Processing Requirement.

(1) If apparent that conditions beyond the correctional facility’s control exist, making 30 calendar days insufficient to complete processing a Request form, the managing official is permitted one extension of 15 days.

(2) If the managing official, or a designee, extends the time for responding to a Request form, the ARC, before expiration of the original 30 calendar day period, shall:

(a) Complete an Administrative Remedy Process Extension form;

(b) Forward the completed Administrative Remedy Process Extension form to the inmate filing the Request form whose approval of the extension is not required.

(3) The ARC shall include the Administrative Remedy Process Extension form in the documents related to the Request form.

L. An inmate may appeal a decision made under this regulation in accordance with provisions under Regulation .14 of this chapter.

.13 Request for Formal Resolution of an Inmate Complaint — Remedy.

A. If an inmate complaint is meritorious or meritorious in part, the response by the managing official shall include a remedy.

B. A remedy to resolve an inmate complaint may include:

(1) If the nature of the inmate complaint relates to substance of policy, rule, or procedure:

(a) Appropriate amendments that are communicated effectively and promptly to appropriate individuals; and

(b) Instructions for implementing change;

(2) If the nature of the inmate complaint relates to interpreting policy, rule, or procedure:

(a) Written explanation of the questioned policy, rule, or procedure that is communicated effectively and promptly to appropriate individuals; and

(b) Instructions for implementing change;

(3) If the nature of the inmate complaint relates to application of policy, rule, or procedure:

(a) Written direction to the appropriate employee to properly apply the policy, rule, or procedure correctly; and

(b) Instructions for implementing change;

 (4) If the nature of the inmate complaint relates to individual inmate actions:

(a) Protection of the inmate who filed the Request form that may include reassignment of one or more of the inmates involved;

(b) Safeguards to prevent retaliation against the inmate; or

(c) Remedy to make the inmate “whole” again, such as returning property;

(5) If the nature of the inmate complaint relates to the computation of the term of confinement or diminution of confinement credits:

(a) Prompt re-computing; and

(b) If appropriate, expedited processing of any privileges or change in status based on the new computation;

(6) If the nature of the inmate complaint relates to loss of inmate property within the custody and control of the unit:

(a) Return or replacement of property of equal value at time of loss in accordance with standard practices for determining the value of depreciated property; or

(b) Monetary reimbursement equal to value of property at time of loss; or

(7) If the nature of the inmate complaint relates to living conditions and facilities, prompt improvement.

C. If the remedy includes monetary reimbursement for property:

(1) An Inmate Property Reimbursement form shall be used to calculate the amount of reimbursement at the time of the loss.

(2) Except under provisions of §C(3) of this regulation, the ARC shall ensure that the inmate is presented with a completed Request for Inmate Personal Property Reimbursement form indicating the reimbursement value and if the inmate:

(a) Accepts the value:

(i) The inmate shall indicate acceptance on the form;

(ii) The inmate shall sign the form;

(iii) The managing official shall ensure that the agreed to monetary reimbursement is deposited in the inmate’s facility account;

(iv) The ARC shall ensure that Request form documents are appropriately filed; and

(v) The matter is considered closed and finally resolved.

(b) Refuses to accept the value:

(i) The inmate’s refusal shall be indicated on the form;

(ii) The inmate shall sign the form indicating refusal to accept the reimbursement;

(iii) The form shall be filed in the appropriate ARP file;

(iv) No monetary reimbursement is to be deposited in the inmate’s facility account; and

(v) The matter is considered to be closed at the applicable level of the ARP.

(3) If an inmate refuses settlement under §C(1)(b) of this regulation, before the managing official’s response to the inmate’s complaint, the managing official’s response shall:

(a) State that the Request form is meritorious in part;

(b) List the property that was lost or damaged;

(c) State the amount of reimbursement offered to the inmate;

(d) State that the inmate refused the reimbursement offered and that no monetary reimbursement is to be deposited in the inmate’s facility account; and

(e) Ensure that Request form documentation is filed in the appropriate ARP file.

D. If appropriate, a managing official may include, as a remedy, a recommendation to change policy or procedures that relate to the nature of the inmate complaint.

E. Facility staff shall fully comply with a remedy in the managing official’s response to an inmate complaint under this chapter as soon as possible, but no later than 30 calendar days after the date of the response.

(1) An ARC receiving a response from the managing official containing a remedy shall:

(a) Notify appropriate staff of the remedy;

(b) Monitor action taken to implement the remedy to ensure the remedy is fully implemented no later than 30 calendar days after the date of the response by:

(i) Maintaining a separate chronological file of incomplete remedies;

(ii) Reviewing the file at least weekly to ensure implementation; and

(iii) Notifying the managing official issuing the response to an inmate complaint when the remedy is not fully implemented within the required period.

(2) After full implementation of a remedy, the ARC shall file the response according to procedures under this chapter.

.14 Appeal — Requesting.

A. An inmate filing a request for formal resolution of an inmate complaint may appeal to the Commissioner:

(1) A procedural dismissal on preliminary review of the Request form;

(2) The managing official’s failure to provide a response within established time requirements; and

(3) A decision by the managing official contained in the response to the Request form.

B. An inmate filing an appeal under this regulation shall:

(1) Submit the request in writing in a format and on a form approved by the Commissioner;

(2) Include all of the following in the appeal:

(a) The name of the inmate filing the appeal;

(b) The name of the correctional facility housing the inmate filing the appeal;

(c) A statement describing the reason for the appeal;

(d) The original case number;

(e) The date the appeal is submitted;

(f) The signature of the inmate submitting the appeal;

(g) A copy of the original complaint with all supporting documentation; and

(h) A copy of the procedural dismissal on preliminary review or managing official’s decision;

(3) Include one of the following in the statement required under § B(2)(c) of this regulation as the grounds for the appeal:

(a) The basis for disagreement with the Facility ARC’s decision or reason for procedural dismissal on preliminary review;

(b) The basis for disagreement with the Managing Official’s decision, remedy, or response; or

(c) A failure by Managing Official to respond within the established time frame;

 (4) Limit the basis of the appeal to the areas identified under §B(2)(c) of this regulation without introducing a new inmate complaint; and

(5) Except for provisions under §C of this regulation, file the appeal with the Commissioner as indicated in the notice provided in accordance with Regulation .11 of this chapter so that the Headquarters ARC receives the appeal within 30 calendar days of:

(a) For an appeal of a procedural dismissal on preliminary review, the date the inmate received notice of the procedural dismissal on preliminary review;

(b) For an appeal of a managing official’s decision or remedy in a response to a Request form, the date the inmate received the response; or

(c) For an appeal of a Managing Official’s failure to respond within the established time frame, the date the managing official’s response was due to the inmate.

C. If the inmate demonstrates that extraordinary circumstances exist that prevented submitting an appeal within the established time frame, the Commissioner may accept a late filing of an appeal.

D. When submitting an appeal under this section, the inmate:

(1) Is encouraged to submit the Request form to the Commissioner using the U.S. Postal Service.

(2) May submit the Request form using the Department courier system knowing that the Department is not responsible if the appeal is not received within the time frame established for submitting an appeal under this chapter.

E. Within 5 working days of the date the appeal is received by the Commissioner, the Headquarters ARC shall:

(1) Index the appeal according to the originally assigned case number; and

(2) Conduct a preliminary review of the appeal and determine to:

(a) Accept and process the appeal within the established time frame; or

(b) Procedurally dismiss the appeal on preliminary review.

.15 Appeals — Preliminary Review.

A. The Headquarters ARC shall conduct a preliminary review of an appeal submitted in accordance with this chapter following the applicable procedures established under Regulation .10 of this chapter for a preliminary review of a Request form received by a managing official.

B. If the Headquarters ARC procedurally dismisses on preliminary review an appeal under §A of this regulation, the Headquarters ARC shall comply with applicable requirements established under Regulations .10 and .11 of this chapter for procedurally dismissing on preliminary review a Request form received by a managing official.

C. The Headquarters ARC shall procedurally dismiss on preliminary review, without the opportunity for re-submission, a properly submitted appeal challenging a managing official’s procedural dismissal on preliminary review of a Request form if, after reviewing the managing official’s rationale, the Headquarters ARC agrees with the managing official’s decision.

.16 Appeals — Investigation.

A. An appeal accepted by the Headquarters ARC shall be investigated.

(1) Except for a Request form dismissed in accordance with Regulation .11 of this chapter, an investigation of an appeal under this chapter shall be limited to the issues identified in the initial Request form.

(2) On the date the Headquarters ARC indexes the appeal, the Headquarters ARC shall process the appeal for investigation using appeal related forms and documents according to applicable requirements under Regulation .12 of this chapter for investigating a Request form received by a managing official.

B. The results of an investigation of an appeal shall be recorded and communicated using appeal related forms and documents according to applicable requirements under Regulation .12 of this chapter for recording, reporting and communicating results of an investigation of a Request form received by a managing official.

.17 Appeals — Remedy.

A. The Commissioner, or a designee, shall respond in writing to an appeal within 30 calendar days of the date the inmate files the appeal.

B. If an appeal is found to be meritorious or meritorious in part, the response by the Commissioner shall include a remedy.

C. A remedy for an appeal may include:

(1) Actions identified under Regulation .13 of this chapter for a Request form received by a managing official; or

(2) Other action consistent with the purpose of the ARP.

D. Monitoring implementation of a remedy, required notification, and filing resulting from an appeal under this chapter are performed using appeal-related forms and documents according to applicable requirements under Regulation .13 of this chapter for remedies for a Request form received by a managing official.

.18 Appeals — Inmate Grievance Office.

An inmate may seek review by the Inmate Grievance Office according to procedures under COMAR 12.07.01 of a decision by the Commissioner or the failure of the Commissioner to file a response to an appeal within the time frame established under §A of Regulation .17 of this chapter.

.19 Documentation — Filing — Reports.

A. Case Indexing.

(1) The Headquarters ARC and each facility ARC shall maintain an index of Request forms and, at Headquarters, appeals.

(2) The Commissioner shall determine the format and content of the index.

(3) The Headquarters ARC and each facility ARC shall establish a new index for each calendar month to record information concerning Request forms received at either level and appeals received by Headquarters.

(4) The Headquarters ARC and a facility ARC shall index each Request form received at either level and an appeal received by Headquarters within 5 working days of the date recorded on the Request form or appeal.

(5) The index shall record for each case:

(a) The name of the inmate filing the request and the inmate’s identification number;

(b) The case number that consists of:

(i) The correctional facility’s acronym in upper case followed by a dash;

(ii) A four digit sequential number beginning with 0001 on January 1st of each calendar year followed by a dash; and

(iii) The last 2 digits representing the calendar year;

(c) The date that the case is indexed;

(d) If appropriate, information concerning procedural dismissal on preliminary review;

(e) If appropriate the date a re-submission or non-concurrence decision is indexed;

(f) The most appropriate subject codes indicating the nature of the complaint (only 2 codes may be used);

(g) If the case is accepted for processing, an abstract of the complaint;

(h) The date the managing official or Commissioner:

(i) Signed the response to the inmate complaint; or

(ii) Procedurally dismissed the complaint;

(i) The date the inmate signed the response indicating receipt of the response from the managing official;

(j) The final disposition of the inmate complaint; and

(k) Other information related to the case, such as:

(i) A brief description of the complaint;

(ii) Justification for a procedural dismissal; and

(iii) The date a resubmittal is due.

(6) The Headquarters ARC and a facility ARC shall update the index at the time new information is received concerning a case.

(7) A facility ARC shall:

(a) By the tenth working day of each month, forward a copy of the index for the previous month to the Headquarters ARC; and

(b) When dispositions have been recorded for all cases on a monthly index, forward a copy of the completed index to the Headquarters ARC.

B. Filing — Case Records.

(1) Each facility ARC and the Headquarters ARC shall establish and maintain a system for filing documents related to requests for formal resolution of an inmate complaint and related appeals.

(2) A facility ARC and the Headquarters ARC shall maintain documents related to an ARP case and related appeals for a minimum of 5 years from the date of a final disposition of the case and then dispose of the documents in accordance with the applicable document retention schedule.

C. Program Reports.

(1) An ARC shall complete reports in a format and on forms approved by the Commissioner containing data that may be used to analyze the ARP.

(2) Quarterly, during each calendar year, each facility ARC shall forward to the Headquarters ARC a copy of reports required by the Commissioner related to the ARP.

.20 Audits.

A. The Commissioner, or a designee, shall establish:

(1) A system to audit the ARP at each correctional facility; and

(2) A schedule for audits authorized under this chapter.

B. An audit team consists of:

(1) The Headquarters ARC, or a designee; and

(2) At least one facility ARC selected by the Headquarters ARC from a correctional facility other than the correctional facility subject to the current audit.

C. An audit, at a minimum, consists of:

(1) An entrance interview with the managing official of the correctional facility being audited to:

(a) Explain the purpose of the audit; and

(b) Provide an overview of the audit process;

(2) Examining:

(a) Required files and documents related to the correctional facility’s use of the ARP;

(b) Documents related to investigations of inmate complaints under this chapter; and

(c) Actions taken related to implementing remedies resulting from meritorious or meritorious-in-part inmate complaints;

(3) Conducting interviews with inmates and staff to assess the effectiveness of the ARP;

(4) Interviews with correctional facility staff to determine necessary amendments to the ARP; and

(5) An exit interview with the managing official to provide an overview of findings.

D. Audit Report.

(1) Within 30 calendar days of the date an audit is completed, the Headquarters ARC shall prepare and submit to the Commissioner, or a designee, and to the respective managing official a written report summarizing:

(a) The results of the audit; and

(b) If appropriate, compliance issues that need to be addressed.

(2) Within 30 calendar days of the date a managing official receives an audit report from the Headquarters ARC, the managing official shall:

(a) Acknowledge receipt of the report; and

(b) If appropriate, provide a plan of action to correct compliance issues identified by the audit.

(3) If appropriate, the Headquarters ARC shall monitor a managing official’s progress to correct noted compliance issues.

(4) A correctional facility may be subject to a non-scheduled audit or follow-up audit to determine progress on corrective action specified in a managing official’s plan of action to correct compliance issues identified in an audit report.

STEPHEN T. MOYER
Secretary of Public Safety and Correctional Services

 

Title 14
INDEPENDENT AGENCIES

Subtitle 09 WORKERS’ COMPENSATION COMMISSION

14.09.08 Guide of Medical and Surgical Fees

Authority: Labor and Employment Article, §§9-309, 9-663, and 9-731, Annotated Code of Maryland

Notice of Proposed Action

[17-268-P]

The Workers’ Compensation Commission proposes to amend Regulation .06 under COMAR 14.09.08 Guide of Medical and Surgical Fees. This action was considered at a public meeting held on September 14, 2017, notice of which was given by publication in 44:18 Md. R. 885 (September 1, 2017), pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to conform to statutory changes enacted by Ch. 567 (H.B. 1484), Acts of 2017, effective October 1, 2017.

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 Amy S. Lackington, Administrator, Workers’ Compensation Commission, 10 E. Baltimore Street, 7th Fl., Baltimore, MD 21202, or call 410-864-5300, or email to alackington@wcc.state.md.us, or fax to 410-864-5301. Comments will be accepted through December 13, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Workers’ Compensation Commission during a public meeting to be held on January 11, 2018, at 10 E. Baltimore Street, 7th Fl., Baltimore, MD 21202.

.06 Reimbursement Procedures.

A. To obtain reimbursement under this chapter, an authorized provider shall:

(1) (text unchanged)

(2) [Submit] Within the time provided in §H of this regulation, submit to the employer or insurer the completed Form CMS-1500, which shall include:

(a) — (i) (text unchanged)

B. — G. (text unchanged)

H. Time for Submitting Form CMS-1500.

(1) A provider who provides medical service or treatment to a covered employee and seeks reimbursement under this chapter for providing medical service or treatment shall submit to the employer or the employer’s insurer a bill in the form of a completed Form CMS-1500 within 12 months from the later of the date:

(a) Medical service or treatment was provided to a covered employee;

(b) The claim for compensation was accepted by the employer or the employer’s insurer; or

(c) The claim for compensation was determined by the Commission to be compensable.

(2) The employer or the employer’s insurer may not be required to pay a bill submitted after the time period required under §H(1) of this regulation unless:

(a) The provider files an application for payment with the Commission within 3 years from the later of the date:

(i) Medical service or treatment was provided to the covered employee;

(ii) The claim for compensation was accepted by the employer or the employer’s insurer; or

(iii) The claim for compensation was determined by the Commission to be compensable; and

(b) The Commission excuses the untimely submission for good cause.

R. KARL AUMANN
Chairman

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 09 MARYLAND CO2 BUDGET TRADING PROGRAM

Notice of Proposed Action

[17-282-P]

The Secretary of the Environment proposes to amend:

(1) Regulation .02 under COMAR 26.09.01 General Administrative Provisions; and

(2) Regulations .08 and .09 under COMAR 26.09.02 Applicability, Determining Compliance, and Allowance Distribution.

Statement of Purpose

The purpose of this action is to revise the Maryland CO2 Budget Trading Program to incorporate amendments to the Voluntary Renewable Set-Aside Account (VRSA), codified under COMAR 26.09.02.08, and the Clean Generation Set-Aside Account (CGSA), codified under 26.09.02.09.

This action will not be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland’s State Implementation Plan (SIP).

 

Background

The Regional Greenhouse Gas Initiative (RGGI) is composed of individual CO2 Budget Trading Programs in each RGGI participating state. Maryland’s CO2 Budget Trading Program contains four Set-Aside Accounts, among which are the VRSA (COMAR 26.09.02.08) and the CGSA (COMAR 26.09.02.09).

The intent of the VRSA was to spur renewable energy development, and with the increased sustainability of renewable energy in recent years, the VRSA can now expire. Further, this effort will ensure a fair distribution of CO2 allowances to eligible CO2 budget units that wish to utilize the CGSA.

 

Definitions

The amendments introduce two new terms to COMAR 26.09.01.02B - Definitions: “Early Applicant” and “Non-early Applicant”. An Early Applicant is a unit that commences operation prior to or on December 31, 2017, and a Non-early Applicant is a unit that commences operation after December 31, 2017.

 

Size and Structure of the CGSA

Under current regulations, the CGSA is set at 1,875,199 tons. Under these proposed regulations, starting in 2018, the CGSA will decrease annually to 937,599 tons in 2022. The CGSA now expires on January 1, 2023.

 

Allocation of CO2 Allowances from the CGSA

The Department will award CO2 allowances from the CGSA to an eligible CO2 budget unit for each ton of CO2 actually emitted by the eligible CO2 budget unit for that calendar year.

Early Applicants are each guaranteed at least 25 percent of the amount of allowances allocated to the CGSA for each year for the life of the CGSA (provided that number does not exceed their actual emissions). When Non-early Applicants request allowances from the CGSA in addition to Early Applicants, two scenarios will determine how CO2 allowances are awarded:

1. When requests are less than the number of CO2 allowances allocated — Allowances will be awarded based on the number of CO2 allowances requested.

2. When requests are greater than the number of CO2 allowances allocated — Allowances will be awarded in proportion to the number of allowances requested by the total number of Early Applicants and Non-early Applicants.

 

Expiration of the VRSA and the CGSA

The VRSA will expire on March 1, 2018, and the CGSA will expire on January 1, 2023.

 

Sources Affected and Location

Eligible CO2 budget units who voluntarily choose to participate in the VRSA and/or the CGSA will be affected.

 

Requirements

Sources that voluntarily choose to participate in the VRSA or CGSA must adhere to the requirements of each set-aside account. As of March 1, 2018 the VRSA is no longer an option.

 

Expected Emissions Reductions

The proposed action will not result in any emissions reductions, as the amendments are administrative.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. This action will provide a small economic benefit to eligible CO2 budget units by offsetting the cost of a small amount of allowances.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

Minimal

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

D. This action will provide a small economic benefit to eligible CO2 budget units by offsetting the cost of a small amount of allowances.

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 will hold a public hearing on the proposed action on December 13, 2017 at 2:00 p.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 may be sent to Mr. Randy Mosier, Chief of the Regulation Division, Air and Radiation Administration, Department of the Environment, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720, or email to randy.mosier@maryland.gov. Comments must be received no later than 5:00 p.m. on December 13, 2017 or be submitted at the hearing. For more information, call Randy Mosier at (410) 537-4488.

Copies of the proposed action and supporting documents are available for review at the following locations: The Air and Radiation Administration offices; and Regional offices of the Department of the Environment in Cumberland and Salisbury; and The Department of the Environment’s website at:

http://www.mde.state.md.us/programs/regulations/air/Pages/reqcomments.aspx.

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

 

26.09.01 General Administrative Provisions

Authority: Environment Article, §§1-101, 1-404, 1-404, 2-103, and 2-1002(g), Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (50) (text unchanged)

(50-1) “Early Applicant” means an eligible CO2 budget unit that commences operation prior to or on December 31, 2017.

(51) — (75) (text unchanged)

(75-1) “Non-early Applicant” means an eligible CO2 budget unit that commences operation after December 31, 2017.

(76) — (103) (text unchanged)

 

26.09.02 Applicability, Determining Compliance, and Allowance Distribution

Authority: Environment Article, §§1-101, 1-404, 2-103, and 2-1002(g), Annotated Code of Maryland

.08 Voluntary Renewable Set-Aside Account.

A. — C. (text unchanged)

D. The Voluntary Renewable Set-aside Account shall expire on March 1, 2018.

.09 Clean Generation Set-aside Account.

A. (text unchanged)

B. A CO2 budget unit that commences operation after January 1, 2009, is eligible for an award of CO2 allowances from the Clean Generation Set-aside Account if [it] the CO2 budget unit:

(1) — (3) (text unchanged)

C. [The Department shall award allowances from the Clean Generation Set-Aside Account to an eligible CO2 budget unit for up to its first 6 years of operation] Allocation of CO2 Allowances.

(1) The Department shall allocate CO2 allowances from the Consumer Energy Efficiency Account to the Clean Generation Set-aside Account so that the total number of CO2 allowances in the Clean Generation Set-aside Account is:

(a) 1,687,679 CO2 allowances for 2018;

(b) 1,500,159 CO2 allowances for 2019;

(c) 1,312,639 CO2 allowances for 2020;

(d) 1,125,119 CO2 allowances for 2021; and

(e) 937,599 CO2 allowances for 2022.

D. [The Department shall award one CO2 allowance to an eligible CO2 budget unit from the Clean Generation Set-aside Account for each ton of CO2 actually emitted by the eligible CO2 budget unit, as follows:] Awarding of CO2 Allowances.

(1)[ For the calendar year that a CO2 budget unit commences operation, 30 days after the end of the calendar year; and] Within 60 days after the end of the calendar year, the Department shall award one CO2 allowance to an eligible CO2 budget unit from the Clean Generation Set-aside Account for each ton of CO2 actually emitted by the eligible CO2 budget unit for that calendar year.

(2) [For the next 5 years after that, 30 days after the end of each year] Calculating Award of CO2 Allowances for Early Applicants until December 31, 2022.

(a) Except as directed in §D(2)(b) of this regulation, each Early Applicant is guaranteed the following allowances from the Clean Generation Set-aside Account:

(i) 421,920 CO2 allowances for 2018;

(ii) 375,040 CO­2­ allowances for 2019;

(iii) 328,160 CO2 allowances for 2020;

(iv) 281,280 CO2 allowances for 2021; and

(v) 234,400 CO2 allowances for 2022.

(b) Early Applicants may not be awarded more CO2 allowances than they are eligible to receive as directed in §D(1) of this regulation.

(3) Calculating Award of CO2 Allowances When Requests Are Less than Allocation.

(a) If, after all the allowances are awarded under §D(2)(a), the Department finds that it has only received requests for CO2 allowances for a calendar year from Early Applicants, and the number of allowances requested does not exceed the remaining number of allowances in the Clean Generation Set-aside Account, the remaining CO2 allowances will be awarded based on the number of CO2 allowances requested by the number of eligible Early-Applicants for each calendar year, not to exceed the amount directed in §D(1) of this regulation.

(b) If, after all the allowances are awarded under §D(2)(a), the Department finds that it has received requests for allowances for a calendar year from both Early Applicants and Non-early Applicants, and the number of CO2 allowances requested by both Early Applicants and Non-early Applicants does not exceed the number of remaining CO2 allowances in the Clean Generation Set-aside Account, the remaining CO2 allowances will be awarded based on the number of CO2 allowances requested by the number of eligible Early Applicants and Non-early Applicants, not to exceed the amount directed in §D(1) of this regulation.

(4) Calculating Award of CO2 Allowances When Requests Are Greater than Allocation.

(a) If, after all the allowances are awarded under §D(2)(a), the Department finds that it has only received requests for CO2 allowances for a calendar year from Early Applicants, and the number of allowances requested by Early Applicants exceeds the number of remaining allowances in the Clean Generation Set-aside Account, the remaining CO2 allowances will be awarded in proportion to the number of CO2 allowances requested by the number of eligible Early-Applicants for each calendar year, not to exceed the amount directed in §D(1) of this regulation.

(b) If, after all the allowances are awarded under §D)(2)(a), the Department finds that it has received requests for allowances for a calendar year from both Early Applicant and Non-early Applicants, and the number of CO2 allowances requested by both Early Applicants and Non-early Applicants exceeds the number of remaining CO2 allowances in the Clean Generation Set-aside Account, the remaining CO2 allowances will be awarded in proportion to the number of CO2 allowances requested by the number of eligible Early Applicants and Non-early Applicants, not to exceed the amount directed in §D(1) of this regulation.

[E. If the total number of CO2 allowances requested by eligible CO2 budget units exceeds the number of CO2 allowances in the Clean Generation Set-aside Account, the Department shall award CO2 allowances in proportion to each eligible CO2 budget unit’s average heat input for up to 3 years of operation, or, if not available, the CO2 budget unit’s estimated heat input for the first year of operation.]

[F.] E. All CO2 allowances awarded by the Department under this regulation shall be maintained in the CO2 budget unit’s compliance account and shall only be used to demonstrate compliance.

[G.] F. [Allowances] CO2 allowances awarded by the Department under this regulation may not be resold by the recipient of the award.

[H.] G. At the end of each calendar year, any CO2 allowances that remain in the Clean Generation Set-aside Account will remain in the Clean Generation Set-aside Account. After awarding CO2 allowances for the preceding calendar year, the Department shall transfer from the Consumer Energy Efficiency Account the number of CO2 allowances needed to restore the balance of the Clean Generation Set-aside Account to [1,875,199] the allocations defined in §C(1)(a) — (e) of this regulation.

H. The Clean Generation Set-aside Account shall expire on January 1, 2023.

BENJAMIN H. GRUMBLES<