Capitol Building Maryland Register

Issue Date: February 2, 2018

Volume 45 • Issue 3 • Pages 137-178

IN THIS ISSUE

Governor

General Assembly

Judiciary

Regulations

Errata

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before January 12, 2018 5 p.m.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 January 12, 2018.
 
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 ......................................................................  140

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  141

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources ......................................  160

09        Department of Labor, Licensing, and Regulation ...............  156

10        Maryland Department of Health .................................  156, 161

14        Independent Agencies ........................................................  157

26        Department of the Environment .................................  157, 164

28        Office of Administrative Hearings .....................................  173

31        Maryland Insurance Administration ...................................  158

33        State Board of Elections .....................................................  159

34        Department of Planning .....................................................  159

 

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 01.01.2017.32 .  144

EXECUTIVE ORDER 01.01.2017.33 .  144

EXECUTIVE ORDER 01.01.2018.01 .  144

EXECUTIVE ORDER 01.01.2018.02 .  145

EXECUTIVE ORDER 01.01.2018.03 .  145

EXECUTIVE ORDER 01.01.2018.04 .  146

EXECUTIVE ORDER 01.01.2018.05 .  148

 

General Assembly

SYNOPSIS NO. 2 .  149

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS .  155

 

Final Action on Regulations

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

BOARD OF EXAMINERS OF LANDSCAPE ARCHITECTS

Continuing Professional Competency Requirements .  156

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Targeted Case Management for People with Developmental
   Disabilities .  156

Maryland Medicaid Managed Care Program: Managed Care
   Organizations .  156

Community First Choice .  156

FOOD

Crab Meat  157

BOARD OF PHARMACY

Pharmacy Technicians .  157

BOARD OF EXAMINERS OF PSYCHOLOGISTS

Procedures .  157

14  INDEPENDENT AGENCIES

MARYLAND HERITAGE AREAS AUTHORITY

Designation of Certified Heritage Areas .  157

26  DEPARTMENT OF THE ENVIRONMENT

MARYLAND CO2 BUDGET TRADING PROGRAM

General Administrative Provisions .  157

Applicability, Determining Compliance, and Allowance
   Distribution .  157

AIR QUALITY

Permits, Approvals, and Registration .  158

Distributed Generation .  158

Control of Fuel-Burning Equipment, Stationary Internal
   Combustion Engines, and Certain Fuel-Burning
   Installations .  158

Architectural Coatings .  158

31  MARYLAND INSURANCE ADMINISTRATION

INSURANCE PRODUCERS AND OTHER INSURANCE
   PROFESSIONALS

Bail Bonds .  158

33  STATE BOARD OF ELECTIONS

RECOUNTS

Initiation of Recounts .  159

CAMPAIGN FINANCING

Campaign Finance Report  159

Independent Expenditure Requirements .  159

Electioneering Communication Requirements .  159

Public Financing .  159

Political Action Committees .  159

Contributions by Business Entities .  159

ADMINISTRATION OF PUBLIC FINANCING ACT

Eligibility Requirements and Procedures .  159

DISCLOSURE BY PERSONS DOING PUBLIC BUSINESS

Sanctions .  159

34  DEPARTMENT OF PLANNING

HISTORICAL AND CULTURAL PROGRAMS

Heritage Structure Rehabilitation Tax Credit
   Certifications .  159

 

Proposed Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

BOATING—SPEED LIMITS AND OPERATION OF
   VESSELS

Severn River Vessel Management Area .  160

10  MARYLAND DEPARTMENT OF HEALTH

DISEASES

Communicable Diseases and Related Conditions of Public
   Health Importance .  161

BOARD OF PHYSICIANS

General Licensure Regulations .  162

Unlicensed Medical Practitioners .  162

BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS

General Regulations .  163

Continuing Education .  163

26  DEPARTMENT OF THE ENVIRONMENT

WATER SUPPLY, SEWERAGE, SOLID WASTE AND
   POLLUTION CONTROL PLANNING AND FUNDING

Bay Restoration Fund Implementation .  164

REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL,
   AND SOLID WASTE

Sewage Disposal and Certain Water Systems for Homes and
   Other Establishments in the Counties of Maryland Where a
   Public Sewage System Is Not Available .  167

WATER POLLUTION

Discharge Limitations .  168

RADIATION MANAGEMENT

Radiation Protection .  168

Inspection and Certification .  168

LEAD

Lead in Drinking Water — Public and Nonpublic
   Schools .  169

28  OFFICE OF ADMINISTRATIVE HEARINGS

REVIEW OF DECISIONS AND ACTIONS OF HEALTH
   OCCUPATIONS BOARDS AND COMMISSIONS

Referrals .  173

 

Errata

COMAR 08.02 .  176

 

General Notices

ADVISORY COUNCIL ON CEMETERY OPERATIONS

Public Meeting .  177

CHESAPEAKE BAY TRUST

Public Meeting .  177

MARYLAND COLLECTION AGENCY LICENSING BOARD

Public Hearing .  177

GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION

Public Meeting .  177

Public Meeting .  177

DEPARTMENT OF THE ENVIRONMENT/AIR AND
   RADIATION ADMINISTRATION

Public Hearing on State Implementation Plan Revision for
   Motor Vehicle Inspection and Maintenance .  177

DEPARTMENT OF THE ENVIRONMENT/LAND AND
   MATERIALS ADMINISTRATION

Public Meeting .  177

MARYLAND DEPARTMENT OF HEALTH

Public Meeting .  178

MARYLAND INSURANCE ADMINISTRATION

Public Hearing .  178

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .  178

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  178

Public Meeting .  178

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Public Meeting .  178

RACING COMMISSION

Public Meeting .  178

Public Meeting .  178

Public Meeting .  178

Public Meeting .  178

BOARD OF WELL DRILLERS

Public Meeting .  178

WORKERS' COMPENSATION COMMISSION

Public Meeting .  178

 

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.

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.

 


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.

 

04 DEPARTMENT OF GENERAL SERVICES

(No changes effective since December 2016)

 

04.05.01.08 • 45:2 Md. R. 71 (1-19-18)

04.05.02.02 • 45:2 Md. R. 71 (1-19-18)

 

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

05.06.01.04 • 44:26 Md. R. 1216 (12-22-17)

05.06.06.04 • 44:26 Md. R. 1216 (12-22-17)

05.06.09.01—.09 • 44:26 Md. R. 1216 (12-22-17)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02 • 45:3 Md. R. 176 (2-2-18) (err)

08.02.01.01 • 45:2 Md. R. 72 (1-19-18) (ibr)

08.02.01.05 • 45:2 Md. R. 73 (1-19-18)

08.02.01.07 • 45:2 Md. R. 74 (1-19-18)

08.02.03.08,.14 • 45:2 Md. R. 75 (1-19-18)

08.02.05.17 • 45:2 Md. R. 76 (1-19-18)

08.02.08.06 • 44:26 Md. R. 1219 (12-22-17)

08.02.11.01 • 45:2 Md. R. 78 (1-19-18)

08.02.12.03 • 45:2 Md. R. 76 (1-19-18)

08.02.15.04,.07 • 45:2 Md. R. 79 (1-19-18)

08.02.15.08,.11 • 45:2 Md. R. 81 (1-19-18)

08.02.25.01 • 45:2 Md. R. 83 (1-19-18)

08.03.10.02,.14,.15 • 44:26 Md. R. 1221 (12-22-17)

08.18.24.03 • 45:3 Md. R. 160 (2-2-18)

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

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)

09.10.01.07 • 45:2 Md. R. 83 (1-19-18)

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

09.12.01.01,.01-1,.01-2,.08,.09,.14,.14-1,.15,.16,
     .16-1,.17,.19,.27,.28,.28-1,.28-2,.28-3,.29,
     .34,.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)

09.19.05.01 • 44:24 Md. R. 1154 (11-27-17) (ibr)

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

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

09.32.11.01,.02,.04 • 45:1 Md. R. 15 (1-5-18)

 

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

 

     Subtitles 01—08 (1st volume)

 

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

10.03.01.01—.03,.05,.06,.10,.16 • 45:2 Md. R. 84 (1-19-18)

10.06.01.03 • 45:3 Md. R. 161 (2-2-18)

10.06.07.01,.02,.04-1,.05,.06 • 44:26 Md. R. 1221 (12-22-17)

10.07.01.01,.29,.35—.37 • 45:1 Md. R. 17 (1-5-18)

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)

 

10.09.22.01,.03—.11 • 45:1 Md. R. 19 (1-5-18)

10.09.24.04-1 • 45:1 Md. R. 20 (1-5-18)

10.09.28.01,.04—.06 • 44:26 Md. R. 1222 (12-22-17)

10.09.36.01,.03,.08,.09 • 45:1 Md. R. 21 (1-5-18)

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

10.09.49.07 • 44:26 Md. R. 1224 (12-22-17)

10.09.59.03—.05,.07,.09 • 45:1 Md. R. 22 (1-5-18)

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)

10.09.65.19 • 45:1 Md. R. 24 (1-5-18)

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)

10.09.69.01—.17 • 45:1 Md. R. 28 (1-5-18)

10.09.70.02 • 45:1 Md. R. 34 (1-5-18)

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)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.11.06.02,.03,.05—.13 • 45:2 Md. R. 86 (1-19-18) (ibr)

10.13.01.02—.05 • 44:26 Md. R. 1225 (12-22-17)

10.13.05.01—.06 • 44:26 Md. R. 1229 (12-22-17)

10.14.06 • 45:2 Md. R. 131 (1-19-18) (err)

10.14.06.01—.04 • 45:1 Md. R. 35 (1-5-18)

10.16.01.01—.27 • 45:2 Md. R. 89 (1-19-18)

10.16.02.01-1 • 45:2 Md. R. 89 (1-19-18)

10.18.08.01,.02,.05—.13 • 45:2 Md. R. 90 (1-19-18)

10.18.09.01—.06 • 45:2 Md. R. 90 (1-19-18)

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

                               45:2 Md. R. 94 (1-19-18)

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

                      45:2 Md. R. 94 (1-19-18)

 

     Subtitles 23 — 36 (4th Volume)

 

10.25.19.01—.08 • 44:26 Md. R. 1230 (12-22-17)

10.27.01.01,.03,.05,.06,.09—.16 • 45:2 Md. R. 96 (1-19-18)

10.27.03.01,.07,.08 • 45:2 Md. R. 96 (1-19-18)

10.27.05.01,.02,.08—.11 • 45:2 Md. R. 96 (1-19-18)

10.27.06.01—.04 • 45:2 Md. R. 96 (1-19-18)

10.27.07.01—.06,.08,.09 • 45:2 Md. R. 96 (1-19-18)

10.27.09.01 • 45:2 Md. R. 96 (1-19-18)

10.27.10.01 • 45:2 Md. R. 96 (1-19-18)

10.27.11.02 • 45:2 Md. R. 96 (1-19-18)

10.27.12.02—.05,.07,.08 • 45:2 Md. R. 96 (1-19-18)

10.27.13.01—.03,.06,.07 • 45:2 Md. R. 96 (1-19-18)

10.27.16.02—.05,.09 • 45:2 Md. R. 96 (1-19-18)

10.27.18.01—.04 • 45:2 Md. R. 96 (1-19-18)

10.27.19.01,.03 • 45:2 Md. R. 96 (1-19-18)

10.27.20.02—.04 • 45:2 Md. R. 96 (1-19-18)

10.27.27.01—.07 • 45:2 Md. R. 96 (1-19-18)

10.29.15.02—.05,.07,.08 • 45:2 Md. R. 112 (1-19-18)

10.31.02.01 • 44:26 Md. R. 1233 (12-22-17)

10.32.01.12 • 45:3 Md. R. 162 (2-2-18)

10.32.03.07 • 44:26 Md. R. 1234 (12-22-17)

10.32.07.01—.07 • 45:3 Md. R. 162 (2-2-18)

10.32.12.04 • 44:26 Md. R. 1225 (12-22-17)

10.32.23.01—.19 • 44:26 Md. R. 1225 (12-22-17)

10.36.10.01—.04 • 45:2 Md. R. 114 (1-19-18)

 

     Subtitles 37—66 (5th Volume)

 

10.39.01.01,.05,.07—.09 • 45:2 Md. R. 96 (1-19-18)

10.39.02.02,.05 • 45:2 Md. R. 96 (1-19-18)

10.39.04.02,.04—.06 • 45:2 Md. R. 96 (1-19-18)

10.52.10.01—.03,.05—.07 • 45:2 Md. R. 115 (1-19-18)

10.53.01.01 • 45:2 Md. R. 96 (1-19-18)

10.53.02.05,.10 • 45:2 Md. R. 96 (1-19-18)

10.53.03.01,.02 • 45:2 Md. R. 96 (1-19-18)

10.53.07.01 • 45:2 Md. R. 96 (1-19-18)

10.53.11.01 • 45:2 Md. R. 96 (1-19-18)

10.54.02.18 • 45:1 Md. R. 36 (1-5-18)

10.55.01.01—.07 • 44:26 Md. R. 1235 (12-22-17)

10.56.05.03 • 44:26 Md. R. 1233 (12-22-17)

10.60.01.05 • 45:3 Md. R. 163 (2-2-18)

10.60.03.01,.04 • 45:3 Md. R. 163 (2-2-18)

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

10.65.01.15 • 45:2 Md. R. 117 (1-19-18)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 11—24 (MVA)

 

11.17.02.01,.02 • 45:1 Md. R. 37 (1-5-18)

11.17.09.01,.02,.04—.07 • 45:1 Md. R. 37 (1-5-18)

11.17.12.01—.04 • 45:1 Md. R. 37 (1-5-18)

11.24.01.01 • 45:2 Md. R. 118 (1-19-18)

11.24.02.01—.04 • 45:2 Md. R. 118 (1-19-18)

11.24.03.01 • 45:2 Md. R. 118 (1-19-18)

11.24.04.01—.05 • 45:2 Md. R. 118 (1-19-18)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.02.10.01 • 45:1 Md. R. 39 (1-5-18)

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)

12.03.02.01—.11 • 45:1 Md. R. 39 (1-5-18)

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

12.13.02.01—.07 • 44:24 Md. R. 1158 (11-27-17)

12.13.03.01—.07 • 45:2 Md. R. 121 (1-19-18)

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

 

13A STATE BOARD OF EDUCATION

 

13A.03.02.01—.04,.06,.07,.09,.09-1,.10,
     .12
• 44:24 Md. R. 1161 (11-27-17)

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

13A.07.08.02—.04,.06 • 44:26 Md. R. 1235 (12-22-17)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.02.01.03,.21 • 44:26 Md. R. 1236 (12-22-17)

13B.02.02.03,.16 • 44:26 Md. R. 1236 (12-22-17)

13B.02.03.02,.02-1,.03,.06,.07,.10,.11,.13,.15,.22,
     .29
• 44:26 Md. R. 1236 (12-22-17)

 

14 INDEPENDENT AGENCIES

 

14.09.01.01,.03,.04 • 44:26 Md. R. 1242 (12-22-17)

14.09.02.02,.03 • 44:26 Md. R. 1242 (12-22-17)

14.09.02.04 • 44:26 Md. R. 1243 (12-22-17)

14.09.04.01—.03 • 44:26 Md. R. 1244 (12-22-17)

14.09.07.02,.07 • 44:26 Md. R. 1245 (12-22-17)

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

14.09.10.02 • 44:26 Md. R. 1245 (12-22-17)

14.09.12.02,.03 • 44:26 Md. R. 1246 (12-22-17)

14.09.13.02,.04 • 44:26 Md. R. 1246 (12-22-17)

14.22.02.02 • 45:1 Md. R. 45 (1-5-18)

14.27.03.02 • 44:26 Md. R. 1247 (12-22-17)

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)

 

17 DEPARTMENT OF BUDGET AND MANAGEMENT

 

17.04.13.01,.03 • 44:25 Md. R. 1187 (12-8-17)

 

20 PUBLIC SERVICE COMMISSION

 

20.90.01 • 44:26 Md. R. 1247 (12-22-17)

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

20.90.02.02,.04,.06,.08,.10,.16,.18,
     .23
• 44:26 Md. R. 1248 (12-22-17)

20.90.03.01—.18 • 44:26 Md. R. 1250 (12-22-17)

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

 

21 STATE PROCUREMENT REGULATIONS

 

21.02.01.05 • 45:2 Md. R. 123 (1-19-18)

21.05.06.03 • 45:2 Md. R. 123 (1-19-18)

21.10.02.02,.03 • 45:2 Md. R. 123 (1-19-18)

21.10.03.01,.03 • 45:2 Md. R. 123 (1-19-18)

21.12.01.01 • 45:2 Md. R. 123 (1-19-18)

21.12.02.01—.14 • 45:2 Md. R. 123 (1-19-18)

21.12.03.01 • 45:2 Md. R. 123 (1-19-18)

21.12.04.01—.15 • 45:2 Md. R. 123 (1-19-18)

21.12.05.01 • 45:2 Md. R. 123 (1-19-18)

 

23 BOARD OF PUBLIC WORKS

 

23.03.02.05 • 44:25 Md. R. 1188 (12-8-17)

 

24 DEPARTMENT OF COMMERCE

 

24.05.21.12 • 44:26 Md. R. 1250 (12-22-17)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.03.13.02,.03 • 45:3 Md. R. 164 (2-2-18)

26.04.02.01,.05 • 45:3 Md. R. 167 (2-2-18)

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

26.08.03.02 • 45:3 Md. R. 168 (2-2-18)

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

26.08.11.01—.14 • 44:25 Md. R. 1189 (12-8-17)

26.11.17.01,.04 • 45:2 Md. R. 128 (1-19-18)

26.12.01.01 • 45:3 Md. R. 168 (2-2-18) (ibr)

26.12.02.02 • 45:3 Md. R. 168 (2-2-18)

26.16.07.01—.12 • 45:3 Md. R. 169 (2-2-18)

 

27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

 

27.01.01.01 • 44:26 Md. R. 1251 (12-22-17)

27.01.11.04 • 44:26 Md. R. 1251 (12-22-17)

27.01.13.01—.07 • 44:26 Md. R. 1251 (12-22-17)

27.02.01.01 • 44:26 Md. R. 1251 (12-22-17)

27.03.01.02 • 44:26 Md. R. 1251 (12-22-17)

 

28 OFFICE OF ADMINISTRATIVE HEARINGS

 

28.04.01.01—.08 • 45:3 Md. R. 173 (2-2-18)

 

29 DEPARTMENT OF STATE POLICE

 

29.06.05.02,.04 • 44:26 Md. R. 1254 (12-22-17)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.02.02.07,.09 • 45:1 Md. R. 51 (1-5-18)

30.04.01.01 • 45:1 Md. R. 51 (1-5-18)

30.04.05.06 • 45:1 Md. R. 51 (1-5-18)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.07.02—.06,.08 • 44:26 Md. R. 1254 (12-22-17)

 

The Governor

EXECUTIVE ORDER 01.01.2017.32

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 DECEMBER 27, 2017, AND SHALL EXPIRE ON JANUARY 26, 2018, 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 23rd Day of December, 2017.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[18-03-21]

 

EXECUTIVE ORDER 01.01.2017.33

Guidelines for Regulatory-Impact Analyses and Evaluations

(rescinds Executive Order 01.01.1996.03)

 

WHEREAS, Marylanders benefit from a regulatory system that promotes and protects the public’s health, welfare, safety, and the State’s environment and natural treasures while promoting economic growth, job creation, competitiveness, and innovation;

 

WHEREAS, The overwhelming majority of businesses in Maryland are small businesses, which are disproportionally affected by regulations because they have fewer resources to comply with regulations and to meet the costs of complying with regulations;

 

WHEREAS, The public’s interests are best served when Maryland’s regulatory system strikes the appropriate balance between protecting the public and promoting the health of small businesses, and striking this balance requires State agencies to effectively estimate the small business impact of their proposed regulations;

 

WHEREAS, Identifying proposed regulations that may adversely impact small businesses by effectively estimating their economic impact will allow State agencies to consider regulatory alternatives that provide greater flexibility for small businesses and are intended to minimize adverse impacts and minimize regulatory burdens; and

 

WHEREAS, Effectively estimating the small business economic impact of proposed regulations, and considering alternatives to minimize the economic impact of regulations on small businesses, requires analytical techniques and methodologies that incorporate best practices;

 

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. Each State department, agency, authority, board, or instrumentality controlled by the Governor shall use and follow the Guidelines for Estimating and Minimizing the Economic Impact of Regulations on Small Businesses, adopted by the Advisory Council on the Impact of Regulations on Small Businesses pursuant to Section 3-507 of the Economic Development Article of the Maryland Code, when conducting the analyses and evaluations required by the State Government Article in Section 2‑1505.2, Section 10-110(d)(3), and Section 10-124.

B. Executive Order 01.01.1996.03 is hereby rescinded.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 28th Day of December 2017.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[18-03-20]

 

EXECUTIVE ORDER 01.01.2018.01

Declaration of a State of Emergency

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, effective this 3rd Day of January, 2018.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[18-03-22]

 

EXECUTIVE ORDER 01.01.2018.02

Access to Services for Human Trafficking Victims and Survivors

 

WHEREAS, There is a National Human Trafficking Hotline which is a national hotline that serves victims and survivors of human trafficking in the United States;

 

WHEREAS, The National Human Trafficking Hotline is a resource identified and required by State law to be posted in various locations to assist victims of human trafficking;

 

WHEREAS, Human trafficking occurs throughout the United States including in the State of Maryland;

 

WHEREAS, The “BeFree Textline,” which is operated by the same organization as the National Human Trafficking Hotline, allows victims and survivors to send a text message to get help or find local services;

 

WHEREAS, Both of these services provide an important public benefit for citizens and data and technology are important tools for pursuing traffickers; and

 

WHEREAS, The Executive Branch of State government (“State Government”) can assist victims of human trafficking by directing them to these resources on their websites.

 

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. Each State Government unit and agency shall prominently display information on the homepage of their web sites regarding the National Human Trafficking Hotline and the BeFree Textline.

B. The Maryland Department of Information Technology (DoIT) shall assist State Government units and agencies in this endeavor.

C. Each State Government unit and agency shall complete this task by April 1, 2018.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 5th Day of January 2018.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[18-03-31]

 

EXECUTIVE ORDER 01.01.2018.03

Rescission of Executive Order 01.01.2018.01

 

WHEREAS, I, Lawrence J. Hogan, Jr., Governor of the State of Maryland, issued Executive Order 01.01.2018.01 due to the threat to the public health and safety caused by the impact of significant winter weather in Wicomico, Worcester and Somerset Counties; and

 

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

 

NOW THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, DO HEREBY PROCLAIM THAT THE EMERGENCY THAT EXISTED IN WICOMICO, WORCESTER AND SOMERSET COUNTIES IS TERMINATED AND HEREBY RESCIND EXECUTIVE ORDER 01.01.2018.01.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, effective this 9th Day of January, 2018.

LAWRENCE J. HOGAN, JR
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[18-03-23]

 

EXECUTIVE ORDER 01.01.2018.04

Reorganization of State Government — Office of Small Business Regulatory Assistance

 

Submitted to the President of the Senate and the Speaker of the House of Delegates of Maryland

 

Date: January 15, 2018

 

AN EXECUTIVE ORDER PURSUANT TO ARTICLE II, SECTION 24 OF THE CONSTITUTION OF MARYLAND

 

AN EXECUTIVE ORDER concerning

 

Reorganization of State Government — Office of Small Business Regulatory Assistance

 

FOR the purpose of establishing an Office of Small Business Regulatory Assistance in the Department of Labor, Licensing, and Regulation and assigning the duties formerly exercised by the Office of the Business Ombudsman in the Office of the Governor to the Office of Small Business Regulatory Assistance; requiring the Office of Small Business Regulatory Assistance to perform certain new duties; and generally relating to reorganization of State government.

 

BY adding to,

Article – Business Regulation

Section 2-103.1

Annotated Code of Maryland

(2015 Replacement Volume and 2017 Supplement)

 

BY repealing,

Article - Economic Development

Section 14-201 through 14-205 and the subtitle “Office of the Business Ombudsman”

(2008 Volume and 2017 Supplement)

 

Preamble

 

WHEREAS, House Bill 1 of the 2017 Session of the Maryland General Assembly (“Maryland Healthy Working Families Act”) was vetoed on May 25, 2017, the veto was subsequently overridden by the Maryland General Assembly, and the bill became Chapter 1 of the Acts of 2018;

 

WHEREAS, a strong and healthy workforce benefits all Marylanders and the State of Maryland has a commitment to expand access to paid leave in the workforce in a manner that does not burden job creators;

 

WHEREAS, the Committee on Paid Leave Policy submitted its findings in a final report after six months conducting in-person interviews with impacted organizations, individuals, employees, and employers from across the entire state;

 

WHEREAS, the findings of the report reveal that the Maryland Healthy Working Families Act contains potentially unintended consequences that negatively impact small businesses and workers;

 

WHEREAS, small businesses are concerned about fully complying with the prescriptive and complicated provisions of the Maryland Healthy Working Families Act in order to minimize the risk of being found in violation of the law with the presumption of guilt, which carries with it severe civil penalties;

 

WHEREAS, the Maryland Healthy Working Families Act creates unnecessary hardships and lacks clarity regarding verification for leave used between the 107 and 120 calendar days for employers in the tourism and hospitality industries, especially in places around the state that have a high demand for seasonal workers during peak seasons;

 

WHEREAS, working Marylanders have expressed concern about revealing intimate personal details to their employers in order to access sick leave;

 

WHEREAS, Maryland workers should not be unnecessarily laid off and small businesses should not be forced to shut their doors in order to comply with overly strict, burdensome, and costly regulations;

 

WHEREAS, small-businesses job creators who desire to remain in compliance with sick leave and other labor laws may need additional resources;

 

WHEREAS, personal employee information and required employer documentation must be handled with sensitivity; and

 

WHEREAS, the Business Ombudsman serves as a liaison between businesses, economic development organizations, communities, and federal, State, and local units and agencies; now, therefore,

 

     SECTION 1. BE IT ORDERED BY THE GOVERNOR OF MARYLAND, PURSUANT TO ARTICLE II, SECTION 24, OF THE CONSTITUTION OF MARYLAND, That Sections 14-201 through 14-205 of the Economic Development Article and the subtitle “Office of the Business Ombudsman” be repealed.

 

     SECTION 2. AND BE IT FURTHER ORDERED, That:

 

Article – Business Regulation

2-103.1.

     (A) (1) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.

         (2) “OFFICE” MEANS THE OFFICE OF SMALL BUSINESS REGULATORY ASSISTANCE.

         (3) “EXECUTIVE DIRECTOR” MEANS AN INDIVIDUAL APPOINTED BY THE GOVERNOR WHO DIRECTS THE ACTIVITIES OF THE OFFICE OF SMALL BUSINESS REGULATORY ASSISTANCE AND SERVES AS A LIAISON BETWEEN BUSINESSES, ECONOMIC DEVELOPMENT ORGANIZATIONS, COMMUNITIES, AND FEDERAL, STATE, AND LOCAL UNITS AND AGENCIES.

     (B) (1) THERE IS AN OFFICE OF SMALL BUSINESS REGULATORY ASSISTANCE IN THE DEPARTMENT.

         (2) THE PURPOSE OF THE OFFICE IS TO:

              (I) ASSIST BUSINESSES WITH THE IMPLEMENTATION OF THE MARYLAND HEALTHY WORKING FAMILIES ACT AND OTHER LABOR AND LICENSING LAWS AND REGULATIONS;

              (II) RESOLVE PROBLEMS ENCOUNTERED BY BUSINESSES INTERACTING WITH STATE AGENCIES;

              (III) FACILITATE RESPONSIVENESS OF STATE GOVERNMENT TO BUSINESS NEEDS;

              (IV) SERVE AS A CENTRAL CLEARINGHOUSE OF INFORMATION FOR BUSINESS ASSISTANCE PROGRAMS AND SERVICES AVAILABLE IN THE STATE;

              (V) ASSIST BUSINESSES BY REFERRING BUSINESSES AND INDIVIDUALS TO RESOURCES THAT PROVIDE THE BUSINESS SERVICES OR ASSISTANCE REQUESTED;

              (VI) PROVIDE COMPREHENSIVE PERMIT INFORMATION AND ASSISTANCE;

              (VII) ESTABLISH AND MAINTAIN METRICS IN ORDER TO MONITOR THE PROGRESS OF THE OFFICE AND REPORT THE DATA TO THE GOVERNOR AND THE GENERAL ASSEMBLY; AND

              (VIII) REPORT AND MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE GENERAL ASSEMBLY REGARDING BREAKDOWNS IN THE DELIVERY OF ECONOMIC DEVELOPMENT RESOURCES AND PROGRAMS, INCLUDING PROBLEMS ENCOUNTERED BY BUSINESSES INTERACTING WITH STATE AGENCIES.

     (C) THE OFFICE SHALL:

         (1) ASSIST IN THE ADOPTION OF REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THE MARYLAND HEALTHY WORKING FAMILIES ACT;

         (2) ESTABLISH, MAINTAIN, AND UPDATE EACH YEAR A LIST OF THE BUSINESS ASSISTANCE PROGRAMS AND SERVICES IN THE STATE, INCLUDING THE NAMES, LOCATIONS, WEB SITE ADDRESSES, AND TELEPHONE NUMBERS OF THE ENTITIES PROVIDING THE PROGRAMS AND SERVICES;

         (3) IMPLEMENT A BUSINESS FAIRNESS AND RESPONSIVENESS

SERVICE THAT:

              (I) RESOLVES PROBLEMS ENCOUNTERED BY BUSINESSES WITH OTHER STATE AGENCIES AND REGIONAL AND LOCAL ECONOMIC DEVELOPMENT ORGANIZATIONS;

              (II) COORDINATES PROGRAMS AND SERVICES IMPLEMENTED BY FEDERAL, STATE, AND LOCAL AGENCIES;

              (III) FACILITATES RESPONSIVENESS OF STATE GOVERNMENT TO BUSINESS NEEDS; AND

              (IV) REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY REGARDING ANY BREAKDOWNS IN THE DELIVERY OF ECONOMIC DEVELOPMENT RESOURCES AND PROGRAMS;

         (4) DEVELOP AND MAINTAIN A PROGRAM TO PROVIDE COMPREHENSIVE INFORMATION TO THE PUBLIC REGARDING PERMITS REQUIRED FOR BUSINESS INITIATIVES, PROJECTS, AND ACTIVITIES;

         (5) ESTABLISH AND IMPLEMENT PROCEDURES TO ASSIST PERMIT APPLICANTS WHO HAVE ENCOUNTERED DIFFICULTIES IN OBTAINING TIMELY AND EFFICIENT PERMIT REVIEW; AND

         (6) ADMINISTER AND OVERSEE THE STATE CUSTOMER SERVICE AND BUSINESS DEVELOPMENT EFFORTS TRAINING PROGRAM UNDER SUBSECTION (D) OF THIS SECTION.

     (D) (1) THERE IS A STATE CUSTOMER SERVICE AND BUSINESS DEVELOPMENT EFFORTS TRAINING PROGRAM.

         (2) THE PURPOSE OF THE PROGRAM IS TO INCREASE THE RESPONSIVENESS OF AND IMPROVE CUSTOMER SERVICE PROVIDED BY STATE AGENCIES TO BUSINESSES AND CUSTOMERS IN THE STATE.

         (3) THE OFFICE SHALL DEVELOP STATE CUSTOMER SERVICE STANDARDS THAT INCORPORATE BEST PRACTICES FOR PROVIDING EXCELLENT CUSTOMER SERVICE.

         (4) EACH AGENCY SHALL:

              (I) CREATE A CUSTOMER SERVICE IMPROVEMENT PLAN;

              (II) REVIEW AND INCORPORATE THE OFFICE’S STATE CUSTOMER SERVICE STANDARDS IN THE AGENCY’S CUSTOMER SERVICE IMPROVEMENT PLAN;

              (III) DEVELOP AND CONDUCT CUSTOMER SERVICE TRAINING FOR EACH EMPLOYEE WHO INTERACTS WITH BUSINESSES AND MEMBERS OF THE PUBLIC ON A REGULAR BASIS;

              (IV) ADOPT AND DISTRIBUTE A STANDARD CUSTOMER SERVICE SATISFACTION SURVEY FOR EACH PERSON THE AGENCY SERVES;

              (V) ESTABLISH AN INCENTIVE OR RECOGNITION PROGRAM FOR EMPLOYEES WHO PROVIDE EXCELLENT CUSTOMER SERVICE; AND

              (VI) REPORT EACH YEAR ON:

                   1. THE TRAINING PROVIDED TO EMPLOYEES, INCLUDING:

                   A. THE NUMBER OF TRAININGS;

                   B. THE FREQUENCY OF TRAININGS; AND

                   C. THE SPECIFIC SUBJECT OF EACH TRAINING;

                   2. THE RESPONSES RECEIVED FROM CUSTOMER SERVICE SATISFACTION SURVEYS DISTRIBUTED UNDER PARAGRAPH (IV) OF THIS SUBSECTION;

                   3. THE PROGRESS OF THE AGENCY’S CUSTOMER SERVICE, INCLUDING THE METRICS THE AGENCY USES TO ASSESS THE CUSTOMER SERVICE OF THE AGENCY; AND

                   4. THE AGENCY’S MEASURABLE GOALS FOR CONTINUING TO IMPROVE CUSTOMER SERVICE FOR THE UPCOMING YEAR.

         (5) EACH YEAR THE OFFICE SHALL EVALUATE THE STATE CUSTOMER SERVICE AND BUSINESS DEVELOPMENT EFFORTS TRAINING PROGRAM AND MAKE RECOMMENDATIONS REGARDING THE PROGRAM.

     (E) (1) EACH YEAR, THE OFFICE SHALL SUBMIT A REPORT TO THE GOVERNOR AND, IN ACCORDANCE WITH § 2–1246 OF THE STATE GOVERNMENT ARTICLE, THE STANDING COMMITTEES OF THE GENERAL ASSEMBLY HAVING JURISDICTION OVER ECONOMIC DEVELOPMENT MATTERS.

         (2) THE REPORT SHALL CONTAIN:

              (I) INFORMATION REGARDING THE PERFORMANCE OF THE OFFICE, INCLUDING DATA INDICATING THE EFFECTIVENESS OF PROGRAMS AND PROCEDURES REGARDING PERMITTING;

              (II) DATA SPECIFYING THE NUMBER OF BUSINESSES AND INDIVIDUALS THAT HAVE CONTACTED THE OFFICE OR USED THE SERVICES OF THE OFFICE; AND

              (III) RECOMMENDATIONS REGARDING IMPROVEMENTS TO EXISTING LAWS RELATING TO ECONOMIC DEVELOPMENT.

         (3) THE REPORT SHALL INCLUDE INFORMATION AND RECOMMENDATIONS DEVELOPED FOR THE STATE CUSTOMER SERVICE AND BUSINESS DEVELOPMENT EFFORTS TRAINING PROGRAM UNDER SUBSECTION (D) OF THIS SECTION.

     (F) THE GOVERNOR SHALL INCLUDE FUNDS IN THE STATE BUDGET TO IMPLEMENT THIS SUBTITLE, INCLUDING FUNDS TO:

         (1) EMPLOY A FULL–TIME EXECUTIVE DIRECTOR; AND

         (2) OPERATE AND MAINTAIN AN OFFICE.

 

     SECTION 3. AND BE IT FURTHER ORDERED, That all persons who, as of the effective date of this Order, are employed in the Office of Business Ombudsman in the Office of the Governor are hereby transferred to the Office of Small Business Regulatory Assistance in the Department of Labor, Licensing and Regulation without any change or loss of rights or status, and shall retain their merit system and retirement system status.

 

     SECTION 4. AND BE IT FURTHER ORDERED, That any transaction affected by or arising from any statute here amended, repealed, or transferred, and validly entered into before the effective date of this Order and every right, duty, or interest flowing from it remains valid after the effective date and may be terminated, completed, consummated, or enforced pursuant to law.

 

     SECTION 5. AND BE IT FURTHER ORDERED, That all rules and regulations, proposed rules and regulations, standards and guidelines, proposed standards and guidelines, orders and other directives, forms, plans, memberships, special funds, appropriations, grants, applications for grants, contracts, property, investigations, administrative and judicial proceedings, rights to sue and be sued, and all other duties and responsibilities associated with those functions transferred by this Order shall continue in effect under the Office of Small Business Regulatory Assistance upon transfer to the Department of Labor, Licensing and Regulation.

 

     SECTION 6. AND BE IT FURTHER ORDERED, That any unexpended appropriation for the purpose of financing the Office of the Business Ombudsman shall be transferred by approved budget amendment to the Department of Labor, Licensing and Regulation.

 

     SECTION 7. AND BE IT FURTHER ORDERED, That this executive order shall become effective and have the force of law on this 15th day of January, 2018, unless specifically disapproved within 50 days after submission, by a resolution of disapproval concurred in by a majority vote of all members of either House of the General Assembly.

 

GIVEN Under my Hand and the Great Seal of Maryland, in the City of Annapolis, this 15th day of January, 2018.

LAWRENCE J. HOGAN, JR.
Governor of Maryland

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[18-03-19]

 

EXECUTIVE ORDER 01.01.2018.05

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 JANUARY 26, 2018, AND SHALL EXPIRE ON FEBRUARY 25, 2018, 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 25th Day of January, 2018.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[18-03-30]

 

 

The General Assembly

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

 

SYNOPSIS NO. 2

House Bills

HB0082  Del Tarlau, et al.  Creation of a State Debt - Prince George's County - Cottage City Public Works Building.

HB0083  Dels Reilly and Cassilly.  Harford County Sheriff - Deputy Sheriffs and Correctional Officers - Collective Bargaining.

HB0084  Del Angel.  Public Health - Child Care Products Containing Flame-Retardant Chemicals - Prohibition.

HB0085  Del Grammer.  Department of Labor, Licensing, and Regulation - Foreclosed Property Registry - Access.

HB0086  Del Barron.  Health Insurance - Coverage for Elevated or Impaired Blood Glucose Levels and Prediabetes Treatment.

HB0087  Del Ebersole.  Baltimore County Board of Education - Nonstudent Members - Compensation.

HB0088  Del Barron, et al.  Public Health - Prescription Drug Monitoring Program - Revisions.

HB0089  Chr W&M (Dept).  Property Tax Credit - Public Safety Officers - Administration.

HB0090  Chr W&M (Dept).  Personal Property Tax - Exemption for Low Assessments.

HB0091  Dels Grammer and Adams.  Natural Resources - Hunting - Outerwear Exception.

HB0092  Del Busch.  Creation of a State Debt - Anne Arundel County - Samaritan House.

HB0093  Del Busch.  Creation of a State Debt - Anne Arundel County - Maryland Hall for the Creative Arts.

HB0094  Del Busch.  Creation of a State Debt – Anne Arundel County – Light House Bistro and Culinary Training Center.

HB0095  Del Busch.  Creation of a State Debt - Anne Arundel County - Historic Annapolis Museum.

HB0096  Del Busch.  Income Tax – Subtraction Modification – Living Organ Donors.

HB0097  The Spkr (DLS).  State Board of Law Examiners – Sunset Extension.

HB0098  The Spkr (Admin).  Paid Leave Compromise Act of 2018.

HB0099  The Spkr (Admin).  Small Business Relief Tax Credit.

HB0100  The Spkr (Admin), et al.  Criminal Law - Violent Offenders - Penalties (Accountability for Violent Criminals Act of 2018).

HB0101  The Spkr (Admin), et al.  Crimes - Firearms - Penalties.

HB0102  The Spkr (Admin), et al.  Criminal Gang Offenses – Penalties, Procedure, and Elements.

HB0103  Del Atterbeary, et al.  Education - County Boards of Education - Removal of County Superintendents.

HB0104  Del Robinson.  Natural Resources - Electronic Licensing - Voluntary Donations.

HB0105  St. Mary's County Delegation.  St. Mary's County - Alcoholic Beverages - Per Diem Beer License Fee.

HB0106  Del Busch.  Emergency Vehicles - Organ Delivery Vehicles.

HB0107  St. Mary's County Delegation.  St. Mary's County - Leonardtown - Disposition of Alcoholic Beverages Licenses Fees.

HB0108  Del Lafferty.  Department of Housing and Community Development - Baltimore Regional Neighborhood Initiative Program - Application Requirement.

HB0109  Del Lafferty.  Community Development Program Act of 2018.

HB0110  St. Mary's County Delegation.  St. Mary's County - Inmate Release Programs.

HB0111  Del Barron, et al.  Maryland Department of Health - Defendants Found Incompetent to Stand Trial or Not Criminally Responsible - Commitment.

HB0112  Del Grammer.  Procurement - Responsible Bidders - Petition by Member of General Assembly.

HB0113  Del Branch, et al.  Public Safety - Baltimore City Safe Streets Initiatives - Funding.

HB0114  Del McIntosh.  Baltimore City - Alcoholic Beverages - Class B-D-7 Licenses.

HB0115  Dels Morhaim and Pena-Melnyk.  Electronic Prescription Records Cost Saving Act of 2018.

HB0116  Del Stein, et al.  Pesticides - Use of Chlorpyrifos - Prohibition.

HB0117  Del Glenn, et al.  Baltimore City - Property Tax Credit - School Public Safety Officers.

HB0118  Del McConkey.  Vehicle Laws – Drivers’ Education Schools – Age of Instruction Vehicles.

HB0119  Del Clark, et al.  Calvert County – Hunting – Deer Management Permits.

HB0120  Del Knotts.  Property Tax Credit - Education Tax Relief for Elderly Individuals.

HB0121  Del Knotts.  General Provisions - Commemorative Days - Tuskegee Airmen Commemoration Day.

HB0122  Del Anderson, et al.  Criminal Procedure - Sentencing Guidelines - Previously Adjudicated Delinquent.

HB0123  Del Angel.  Emergency Vehicles - Blood, Organ, or Tissue Delivery Vehicles.

HB0124  Del Knotts.  Creation of a State Debt - Prince George's County - Fort Washington Pool.

HB0125  Del Fisher, et al.  Criminal Law - Misuse of Laser Pointer.

HB0126  Del Beidle, et al.  Creation of a State Debt – Anne Arundel County – Camp Woodlands Restoration Project.

HB0127  Dels K. Young and Krimm.  Creation of a State Debt - Frederick County - Heritage Frederick Capital Improvements.

HB0128  Del Beidle, et al.  Creation of a State Debt - Anne Arundel County - Resiliency and Education Center at Kuhn Hall.

HB0129  Dels Knotts and Jackson.  Income Tax - Subtraction Modification - Retirement Income of Correctional Officers.

HB0130  Del Beidle, et al.  Video Lottery Terminal Proceeds - Local Impact Grants - Distribution to Communities Near Laurel Race Course.

HB0131  Del Korman.  Income Tax Subtraction Modification - College Savings Plan Accounts - Contributions (College Savings Tax Enhancement Act).

HB0132  Del Fennell, et al.  Motor Vehicles - Duplicate Driver's Licenses - Victims of Robbery or Burglary.

HB0133  Chr APP (Dept).  Maryland Stadium Authority - Ocean City Convention Facility - Renovation.

HB0134  Del Kelly.  Health Insurance – Health Benefit Plan Premium Rate Review Process.

HB0135  Dels Hill and Kipke.  Health Insurance – Coverage for Male Sterilization – High–Deductible Health Plans.

HB0136  St. Mary's County Delegation.  St. Mary's County - Board of Library Trustees.

HB0137  Del McConkey.  Transportation - Aviation - Nonairport Taxicab Operators at BWI.

HB0138  Del Knotts.  Assembly Areas - State-Funded Construction or Renovation - Assistive Listening System Requirement.

HB0139  Del Knotts.  Public Safety - Emergency Medical Services - Motorcycle Response Unit.

HB0140  Del Knotts.  Public Safety - Emergency Medical Services - Bicycle Response Unit.

HB0141  Del Knotts.  State Finance and Procurement - Public Buildings - Diaper-Changing Facilities in Restrooms.

HB0142  Del Lafferty.  Vehicle Laws - Injury or Death of Vulnerable Road User - Penalties.

HB0143  Montgomery County Delegation.  Montgomery County - Gaming - Bingo Games MC 13-18.

HB0144  Montgomery County Delegation.  Montgomery County - Alcoholic Beverages - Country Club Off-Sale Permit MC 10-18.

HB0145  Montgomery County Delegation.  Montgomery County - Kensington - Alcoholic Beverages Licenses MC 12-18.

HB0146  Montgomery County Delegation.  Montgomery County - Alcoholic Beverages - Class 7 Micro-Brewery License - Issuance MC 9-18.

HB0147  Montgomery County Delegation.  Montgomery County - Alcoholic Beverages Licenses - Inspections and Statements During Initial License Year MC 7-18.

HB0148  Montgomery County Delegation.  Montgomery County - Alcoholic Beverages - Class C Per Diem Licenses MC 8-18.

HB0149  Del Saab, et al.  Creation of a State Debt - Anne Arundel County - Cape St. Claire Beach Replenishment.

HB0150  Montgomery County Delegation.  Montgomery County Board of Education Compensation Commission MC 1-18.

HB0151  Del Clippinger.  Baltimore City – Alcoholic Beverages – License Transfers.

HB0152  Del Luedtke, et al.  Secure and Accessible Registration Act.

HB0153  Montgomery County Delegation.  Montgomery County - Alcoholic Beverages - Dispensaries in Retail Grocery Stores MC 16-18.

HB0154  Del Ebersole, et al.  State Board of Education - Membership - Teachers and Parent.

HB0155  Del Beidle, et al.  Creation of a State Debt - Anne Arundel County - YWCA Domestic Violence and Trafficking Shelters.

HB0156  Dels Mautz and Adams.  Talbot County Board of Education – Start Date of Term for Members.

HB0157  Del Grammer.  State Highways - Electronic Map of Public Trash Receptacles.

HB0158  Del Simonaire.  Anne Arundel County Board of Elections - Salary.

HB0159  Montgomery County Delegation.  Montgomery County - Alcoholic Beverages - Basket of Cheer Permit MC 21-18.

HB0160  The Spkr (Admin).  Budget Bill (Fiscal Year 2019).

HB0161  The Spkr (Admin).  Budget Reconciliation and Financing Act of 2018.

HB0162  The Spkr (Admin).  Creation of a State Debt - Maryland Consolidated Capital Bond Loan of 2018, and the Maryland Consolidated Capital Bond Loans of 2007, 2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017.

HB0163  Del B. Barnes.  University of Maryland University College - Collective Bargaining - Adjunct Faculty.

HB0164  Del B. Barnes (Chr Jt Com on Pnsns).  Judges' Retirement System - Mandatory Retirement Age - Clarification of Eligibility for Allowance.

HB0165  Del Kittleman, et al.  Property Tax Credit - Widow or Widower of Veteran.

HB0166  Chr HGO (Dept).  Health Occupations - State Board of Massage Therapy Examiners - Revisions.

HB0167  Chr HGO (Dept).  State Government - Notices and Communications - Use of Electronic Means.

HB0168  Chr HGO (Dept).  State Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists - Inactive Status of Licenses.

HB0169  Del Jacobs, et al.  Creation of a State Debt - Kent County - Camp Fairlee.

HB0170  Del R. Lewis, et al.  Maryland Consolidated Capital Bond Loan of 2017 - Public School Construction Program - Baltimore City Heating and Ventilation Projects.

HB0171  Montgomery County Delegation.  Montgomery County - Beer and Wine Licenses - Shochu and Soju MC 20-18.

HB0172  Montgomery County Delegation.  Montgomery County - Archery Hunting Safety Zone - Position of Archery Hunter MC 24-18.

HB0173  Montgomery County Delegation.  Montgomery County - Ranked Choice Voting MC 19-18.

HB0174  Del Moon, et al.  Election Law - Local Public Campaign Financing - Expansion.

HB0175  Prince George's County Delegation.  Prince George's County - Speed Monitoring Systems - Maryland Route 210 (Indian Head Highway) PG 302-18.

HB0176  Montgomery County Delegation.  Montgomery County - Uniformity of Property Tax Assessments - Country Clubs and Golf Courses MC 11-18.

HB0177  Montgomery County Delegation.  Montgomery County - Alcoholic Beverages - Food Sales Requirements and Hours and Days of Sale MC 5-18.

HB0178  Montgomery County Delegation.  Montgomery County Alcohol Modernization Act of 2018 MC 4-18.

HB0179  Del Carr.  Condominiums - Amendment of Declarations.

HB0180  Del Stein.  Railroad Company - Movement of Freight - Required Crew.

HB0181  Prince George's County Delegation.  Prince George's County - Video Lottery Facility - Local Development Council Membership PG 403-18.

HB0182  Prince George's County Delegation.  Prince George's County - Vacant and Abandoned Residential Property - Foreclosure PG 404-18.

HB0183  Prince George's County Delegation.  Prince George's County Environmental Justice Commission PG 411-18.

HB0184  Prince George's County Delegation.  Prince George's County Public Schools - Office of Inspector General - Establishment PG 508-18.

HB0185  Prince George's County Delegation.  Prince George’s County Board of Education – Students With a Disability in Prince George’s County Public Schools – Report PG 506–18.

HB0186  Prince George's County Delegation.  Prince George's County Board of Education - Election of Vice Chair and Voting Procedures PG 507-18.

HB0187  Chr ECM (Dept).  Financial Institutions – Nondepository Special Fund – Expansion.

HB0188  Chr ECM (Dept).  State Board of Architects and State Board for Professional Land Surveyors - Membership.

HB0189  Del M. Washington.  Insurance - Slavery Era Insurance Policy Reporting - Repeal.

HB0190  Chr JUD (Dept).  Public Safety - Maryland Police Training and Standards Commission - Psychological Consultation and Evaluation.

HB0191  Del Atterbeary, et al.  Family Law - Marriage - Age Requirements.

HB0192  Dels Atterbeary and Wilson.  Criminal Procedure - Victims and Witnesses - Out of Court Statement of Child Victim.

HB0193  Chr ECM and Chr W&M (Dept).  High School Diploma by Examination - Eligibility Requirements - Exemption.

HB0194  Chr ECM (Dept).  State Board of Individual Tax Preparers - Requirement to Register - Exemptions.

HB0195  Prince George's County Delegation.  Prince George's County - School Overcrowding Reduction Act of 2018 PG 512-18.

HB0196  Prince George's County Delegation.  Prince George's County Board of Education - Academic Revitalization and Management Effectiveness Initiative - Repeal PG 511-18.

HB0197  Dels Luedtke and McCray.  Education - State Reimbursement for County Board Payments for Exams for Eligible Students.

HB0198  Del Luedtke, et al.  Inheritance Tax – Perpetual Conservation Easement – Farming Purposes – Exemption.

HB0199  Del Korman, et al.  Higher Education - Collective Bargaining - Graduate Assistants (Graduate Assistant Collective Bargaining Fairness Act).

HB0200  Chr ECM (Dept).  State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors - Membership.

HB0201  Chr ECM (Dept).  State Board for Professional Engineers - Examination Requirements - Engineer-in-Training.

HB0202  Del Morhaim, et al.  Criminal Procedure - Incompetency and Criminal Responsibility - Court-Ordered Medication.

HB0203  Del Hornberger, et al.  Higher Education - Senatorial and Delegate Scholarships - Reimbursement of Certificate and License Programs.

HB0204  Del Korman.  Traffic Control Signal Monitoring Systems – Duration of Yellow Signal

(4–Second Act).

HB0205  Dels Clippinger and Buckel.  Workers' Compensation - Permanent Partial Disability - State Correctional Officers.

HB0206  Prince George's County Delegation.  Prince George's County - Alcoholic Beverages - Class BLX License - Movie Theaters PG 303-18.

HB0207  Prince George's County Delegation.  Prince George's County Board of Education - Governance PG 509-18.

HB0208  Prince George's County Delegation.  Prince George's County - Property Tax - Homeowners Property Tax Credit Supplement PG 407-18.

HB0209  Prince George's County Delegation.  Prince George's County - Asset Transfer for Magnetic Levitation Transportation System - Municipal Agreements PG 401-18.

HB0210  Prince George's County Delegation.  Prince George's County - Abandoned Property - Special Property Tax Rate PG 400-18.

HB0211  Prince George's County Delegation.  Prince George's County Board of Education - Teachers and Administrators - Child Protective Services Investigation Findings PG 510-18.

HB0212  Del Moon, et al.  Criminal Law - Animal Cruelty - Sentencing Conditions and Selling Ban.

HB0213  Dels Lam and Davis.  Alcoholic Beverages - Sale of Powdered Alcohol - Prohibition.

HB0214  Prince George's County Delegation.  Prince George's County - Equality in Education Act PG 505-18.

HB0215  Prince George's County Delegation.  Prince George’s County – Elementary School – Limit on Class Size PG 501–18.

HB0216  Prince George's County Delegation.  Prince George's County Board of Education - Student Hearing and Vision Screenings - Reporting Requirements PG 504-18.

HB0217  Prince George's County Delegation.  Prince George's County - Authority to Impose Fees for Use of Disposable Bags PG 420-18.

HB0218  Prince George's County Delegation.  Prince George's County - Utility Services - Master Meters PG 429-18.

HB0219  Del Beitzel.  Deep Creek Lake Policy and Review Board - Membership and Duties.

HB0220  Montgomery County Delegation.  Montgomery County - Housing Opportunities Commission of Montgomery County - Subsidiary Entities MC 18-18.

HB0221  Del Bromwell, et al.  Local Government – School Construction – Permits.

HB0222  Del Cassilly.  Vehicle Laws - Overtaking and Passing Bicycles, Farm Equipment, Farm Tractors, and Animal-Drawn Vehicles.

HB0223  Dels Turner and Ebersole.  Howard County - Transfer Tax Exemption and Rate Reduction - Teachers Ho. Co. 13-18.

HB0224  Del J. Lewis, et al.  Procurement - Small Businesses and Minority Businesses - Qualification and Certification.

HB0225  Del Jacobs, et al.  Kent County - Orphans' Court Judges - Compensation.

HB0226  Del Ebersole, et al.  Public Schools - Sprinkler Systems - Required.

HB0227  Del Korman, et al.  State Legislature Local Public Campaign Financing Act.

HB0228  Del Rey.  Child Care Centers - Definition of Child Care.

HB0229  Dels Moon and Kittleman.  Interstate Compact on Washington Area Professional Football Team Franchise Facility Incentives.

HB0230  Del Korman, et al.  Regional Greenhouse Gas Initiative - Withdrawal - Legislative Approval Required (Regional Greenhouse Gas Initiative Extension Act).

HB0231  Prince George's County Delegation.  Prince George's County - Property Tax Credit for Security Camera Systems PG 405-18.

HB0232  Prince George's County Delegation.  Prince George's County - Asset Transfer for Maglev - Hearing and Approval Requirements PG 402-18.

HB0233  Prince George's County Delegation.  Task Force to Study Health and Safety Standards for Rental Housing in Prince George's County PG 410-18.

HB0234  Del Grammer.  Land Use – Public Nuisance – Surety Bond Requirement

(Developer Accountability Act).

HB0235  Prince George's County Delegation.  Prince George's County - School Facilities Surcharge - Affordable Housing Requirement (The Affordable Housing Act of 2018) PG 414-18.

HB0236  Prince George's County Delegation.  Prince George's County - Affordable Housing Commission PG 408-18.

HB0237  Del Luedtke.  Community Colleges - Unfair Labor Practices - Prohibition.

HB0238  Prince George's County Delegation.  Prince George's County - Vehicle Laws - Authority to Tow Abandoned Vehicles PG 418-18.

HB0239  Prince George's County Delegation.  Prince George's County - Sales of Residential Real Property - Community Amenities - Advertising PG 412-18.

HB0240  Del Moon, et al.  Law Enforcement - Federal Surplus Program - Equipment Acquisition.

HB0241  Prince George's County Delegation.  Prince George’s County – Telecommunications Transmission Facility on Public School Grounds – Public Hearing and Notification PG 513–18.

HB0242  Del Simonaire.  Maryland Veterans Service Animal Program Fund - Alteration of Program.

HB0243  Del Krimm, et al.  Task Force on Rural Internet, Broadband, Wireless, and Cellular Service - Study and Extension.

HB0244  Del Jones, et al.  General Assembly – Prefiled Bills – Deadlines.

HB0245  Del Rosenberg, et al.  Baltimore City - Alcoholic Beverages - Continuing Care Retirement Community License.

HB0246  Del Rosenberg, et al.  Hate Crimes - Threats and Penalties.

HB0247  Chr JUD (Dept).  Criminal Procedure - Victim Services Unit - Victims' Compensation.

HB0248  Chr HGO (Dept).  Health Occupations - Certified Associate Counselors-Alcohol and Drug and Certified Supervised Counselors-Alcohol and Drug - Qualifications.

HB0249  Del Kipke.  Health Insurance - Coverage for Fertility Awareness-Based Methods.

HB0250  Del Dumais.  Drunk and Drugged Driving - Subsequent Offenders - Concurrent Jurisdiction.

HB0251  Del Kelly, et al.  Education - Family Life and Human Sexuality Curriculum - Boundaries and Consent.

HB0252  Chr ENV (Dept).  Department of Agriculture - Agritourism.

HB0253  Chr ENV (Dept).  Motor Vehicles - Automobile Transporters.

HB0254  Chr ENV (Dept).  Real Property - Ground Leases - Unlawful Collections.

HB0255  Chr ENV (Dept).  Secretary of State - Address Confidentiality Programs - Shielding of Real Property Records.

HB0256  Prince George's County Delegation.  Prince George's County - Landlord-Tenant Cases - Alternative Dispute Resolution Program PG 409-18.

HB0257  Del Krimm.  Department of Aging - Contract Review.

HB0258  Del Hayes, et al.  Creation of a State Debt - Baltimore City - Jenkins Senior Living Community.

HB0259  Del Sophocleus, et al.  Creation of a State Debt - Anne Arundel County - The Arc of the Central Chesapeake Region.

HB0260  Del Carr, et al.  Campaign Finance - Disclosure of Contributions and Expenditures - Preelection Period.

HB0261  Del Hayes, et al.  Creation of a State Debt - Baltimore City - Itineris Foundation.

HB0262  Del Hayes, et al.  Creation of a State Debt - Baltimore City - Maryland Art Place.

HB0263  Del Hayes, et al.  Creation of a State Debt - Baltimore City - Hollins Market.

HB0264  Del W. Miller, et al.  Labor and Employment - Labor Organizations - Right to Work.

HB0265  Del Grammer.  Public Safety - Maryland Police Training and Standards Commission - Medical Cannabis Program Training.

HB0266  Del Rey, et al.  Condominiums - Lien Priority - Unpaid Water and Sewer Charges.

HB0267  Del Dumais.  Crimes - Adultery - Repeal.

HB0268  Del Morhaim.  Natalie M. LaPrade Medical Cannabis Commission - Provider Applications - Opioid Use Disorder.

HB0269  Del J. Lewis, et al.  Criminal Procedure - Victim Notification - Dissemination and National Standards.

HB0270  Dels Lisanti and Impallaria.  Alcoholic Beverages - Brewing Company Off-Site Permits and Winery Off-Site Permits - Harford County Farm Fair.

HB0271  Del Fraser-Hidalgo, et al.  Creation of a State Debt - Montgomery County - TLC's Katherine Thomas School.

HB0272  Del Cluster, et al.  Sales and Use Tax - Rate Reduction.

HB0273  Del Hayes, et al.  Creation of a State Debt – Baltimore City – EMAGE Center.

HB0274  Del Ebersole, et al.  Creation of a State Debt - Baltimore City - Chesapeake Shakespeare Company.

HB0275  St. Mary's County Delegation.  St. Mary's County - Metropolitan Commission.

HB0276  Del Rosenberg, et al.  Criminal Law - Misconduct in Office - Public Official.

HB0277  Del Moon, et al.  Criminal Law - Alcohol Offenses and Gaming - Civil Offenses (Decriminalization of Petty Nonviolent Offenses Act).

HB0278  Montgomery County Delegation.  Montgomery County – Housing Opportunities Commission – Binding Arbitration for Wages MC 14–18.

HB0279  Chr ENV (Dept).  Housing and Community Development - Homebuyer Education Requirements.

HB0280  Del Tarlau, et al.  Ballot Access - Voter Registration - Affiliating With a Party.

HB0281  Del A. Miller, et al.  Education - Computer Science - Curriculum and Professional Development (Securing the Future: Computer Science Education for All).

HB0282  Del A. Miller, et al.  Health Insurance - Coverage for Diagnostic Examinations for Breast Cancer.

HB0283  Del Grammer.  Criminal Law - Betting, Wagering, and Gambling - eSports Competition.

HB0284  Cecil County Delegation.  Cecil County - Office of the Sheriff - Employees and Collective Bargaining.

 

[18-03-25]

 

Senate Bills

SB0136  Sen Reilly.  Creation of a State Debt - Anne Arundel County - Cape St. Claire Beach Replenishment.

SB0137  Sens Reilly and Serafini.  Health Insurance - Coverage for Male Sterilization - High-Deductible Health Plans.

SB0138  Sen Conway, et al.  Environment - U.S. Climate Alliance - Membership.

SB0139  Sens Conway and Miller.  Higher Education - Heroin and Opioid Addiction and Prevention Policies - Exceptions and Revisions.

SB0140  Sen Eckardt.  Dorchester County – Alcoholic Beverages – Class C Per Diem Licenses – Catering Club Events.

SB0141  Anne Arundel County Senators.  Anne Arundel County - Controlled Water Ski Areas in Maynadier Creek - Operation of Vessel - Hours of Operation.

SB0142  Sen Astle.  Creation of a State Debt - Anne Arundel County - Historic Annapolis Museum.

SB0143  Sen Astle.  Creation of a State Debt – Anne Arundel County – Camp Woodlands Restoration Project.

SB0144  Sen Astle.  Creation of a State Debt - Anne Arundel County - Broadneck High School Stadium.

SB0145  Sen Astle.  Creation of a State Debt - Anne Arundel County - Samaritan House.

SB0146  Sen Astle.  Creation of a State Debt - Anne Arundel County - Maryland Hall for the Creative Arts.

SB0147  Sen Astle.  Creation of a State Debt – Anne Arundel County – Light House Bistro and Culinary Training Center.

SB0148  Sen Astle.  Creation of a State Debt - Anne Arundel County - YWCA Domestic Violence and Trafficking Shelters.

SB0149  Sen Astle.  Natural Resources - Electronic Licensing - Voluntary Donations.

SB0150  Sen Astle.  City of Annapolis - Alcoholic Beverages - Bookstore License.

SB0151  Sens Bates and Smith.  Health Occupations - Athletic Trainers Act - Revisions.

SB0152  Sens Manno and Astle.  Labor and Employment - Hiring and Promotion Preferences - Veterans of Commissioned Corps.

SB0153  Sen Hershey, et al.  Income Tax Credit - Oyster Shell Recycling - Sunset Extension.

SB0154  Sen Manno, et al.  Transportation - Highway User Revenues - Phased Restoration.

SB0155  Sen DeGrange.  Creation of a State Debt - Anne Arundel County - Glen Burnie High School Field House and Athletic Complex.

SB0156  Sens Norman and Salling.  Public Safety - Handgun Permit - Church or Religious Organization Property.

SB0157  Sen Brochin, et al.  Courts - Small Claims - Jurisdictional Limit.

SB0158  Sen Rosapepe.  Homestead Property Tax Credit Program - Eligibility Awareness.

SB0159  Sen Edwards.  Creation of a State Debt – Washington County – Hancock Community Pool.

SB0160  Sen Nathan-Pulliam, et al.  Juvenile Law - Truancy - Affirmative Defense.

SB0161  Sen Nathan-Pulliam, et al.  Public and Nonpublic Schools - Student Sickle Cell Disease Management Programs.

SB0162  Sen Nathan-Pulliam, et al.  Creation of a State Debt - Baltimore City - Harvey Johnson Community Center.

SB0163  Sen Nathan-Pulliam, et al.  Public Health – Community Health Workers – Advisory Committee and Certification.

SB0164  Sen Nathan-Pulliam, et al.  Education - Student Use of Backpacks - Assessment and Reduction of Health Effects.

SB0165  Sen Serafini, et al.  Income Tax - Flat Tax.

SB0166  Sen Serafini, et al.  Corporate Income Tax - Federal Repatriation Holiday.

SB0167  Sen Feldman.  Public Information Act - Suits Filed by Custodians - Prohibition.

SB0168  Sen Feldman.  Life Insurance - Life of a Minor - Underwriting Standards and Procedures.

SB0169  Sens Feldman and Brochin.  Public Health - Prescription Drug and Medical Supply Access and Affordability Workgroup.

SB0170  Sen Lee, et al.  Criminal Procedure - Violation of Conditions of Release.

SB0171  Sen Eckardt.  Talbot County Board of Education - Start Date of Term for Members.

SB0172  Sen Hershey.  Kent County - Alcoholic Beverages - Sales in Restaurants.

SB0173  Sen Hershey.  Kent County - Orphans' Court Judges - Compensation.

SB0174  Sen Middleton.  Health Insurance - Health Benefit Plan Premium Rate Review Process.

SB0175  Sen Middleton.  Emergency Medical Services - Emergency Medical Services Board - Appointments.

SB0176  Sen Guzzone (Chr Jt Com on Pnsns).  Judges' Retirement System - Mandatory Retirement Age - Clarification of Eligibility for Allowance.

SB0177  Sen Manno.  Electric Vehicle Recharging Equipment Rebate Program and Electric Vehicle Excise Tax Credit - Fiscal Year 2017 Applicants.

SB0178  Sen Guzzone (Chr Jt Com on Pnsns).  State Retirement and Pension System – Board of Trustees – Oath.

SB0179  Sen Guzzone.  Property Tax Credits - Real Property Used for Robotics Programs.

SB0180  Sen Lee, et al.  Criminal Procedure - Victim Notification - Dissemination and National Standards.

SB0181  Sen Astle.  Medical Cannabis - Provider Applications - Opioid Use Disorder.

SB0182  Sen Astle, et al.  Income Tax Credit - Venison Donation - Feed the Hungry Organizations.

SB0183  Sen Simonaire.  Natural Resources - Electronic Licensing - Recreational License Donation Fund - Donations.

SB0184  Sen Kasemeyer, et al.  Income Tax - Personal Exemptions - Alteration.

SB0185  The Pres (Admin).  Budget Bill (Fiscal Year 2019).

SB0186  The Pres (Admin).  Creation of a State Debt - Maryland Consolidated Capital Bond Loan of 2018, and the Maryland Consolidated Capital Bond Loans of 2007, 2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017.

SB0187  The Pres (Admin).  Budget Reconciliation and Financing Act of 2018.

SB0188  Sen Madaleno, et al.  Maryland Consolidated Capital Bond Loan of 2017 - Public School Construction Program - Baltimore City Heating and Ventilation Projects.

SB0189  Sen Ferguson, et al.  Baltimore City - Property Tax Credit - Low-Income Employees.

SB0190  Sens Kagan and Rosapepe.  Election Law - International Election Observers.

SB0191  Sen Serafini, et al.  Income Tax - Itemized Deductions.

SB0192  Sen Serafini, et al.  Workgroup on Categories for Funding Priorities in the Annual State Budget.

SB0193  Sen Serafini.  Income Tax - Interest Rate - Wynne Case.

SB0194  Sen Serafini, et al.  Calculation of Taxable Income - Itemized Deductions - Property Taxes.

SB0195  Sen Pinsky, et al.  Business Relief and Tax Fairness Act of 2018.

SB0196  Sen Hough, et al.  Public Safety - Handgun Qualification License - Issuance With Permit to Carry, Wear, or Transport.

SB0197  The Pres (Admin), et al.  Crimes - Firearms - Penalties.

SB0198  The Pres (Admin), et al.  Criminal Gang Offenses - Penalties, Procedure, and Elements.

SB0199  The Pres (Admin), et al.  Criminal Law - Violent Offenders - Penalties (Accountability for Violent Criminals Act of 2018).

SB0200  Sen Klausmeier.  Creation of a State Debt - Baltimore County - Overlea High School Turf Field.

SB0201  Sen Brochin.  Public Health - Prescription Drug Manufacturers - Sales to Wholesale Distributors.

SB0202  Sen Lee, et al.  Consumer Protection - Credit Report Security Freezes - Notice and Fees.

SB0203  Sens Middleton and Guzzone.  Agriculture - Nutrient Management - Fertilizer Use on Turf.

SB0204  Sen Simonaire.  Higher Education - Cybersecurity Public Service Scholarship Program.

SB0205  Sen Rosapepe.  High School Credit Clarification Act of 2018.

SB0206  Sen Manno.  Long-Term Care Insurance - Premium Rates and Benefits.

SB0207  Sen Middleton.  Health Insurance - Medical Stop-Loss Insurance - Repeal of Sunset.

SB0208  Sen Cassilly, et al.  Creation of a State Debt - Harford County - Sexual Assault/Spouse Abuse Resource Center.

SB0209  Sen Brochin, et al.  Baltimore County – Uniformed Off–Duty Law Enforcement Officer – Body Camera.

SB0210  Sen Waugh, et al.  Correctional Services - Murder - Diminution Credits.

SB0211  Sen Waugh.  Behavioral Health Programs - Medical Directors - Telehealth.

SB0212  Sens Waugh and Eckardt.  Sales and Use Tax - Aircraft Parts and Equipment - Exemption.

SB0213  Sen Waugh, et al.  State Budget - Mandated Appropriations - Reductions.

SB0214  Sen Kelley, et al.  Task Force to Study the Need for Enhanced Monitoring of Guardians of Vulnerable Adults.

SB0215  Sen Eckardt.  Motor Vehicle Registration - Exception for Golf Carts - Town of Vienna.

SB0216  Sen Norman.  Condominiums and Homeowners Associations - Priority of Liens - Included Charges.

SB0217  Sen Young.  Public Schools - Student Sunscreen Use - Policy.

SB0218  Sen Young, et al.  Alcoholic Beverages - Retail Wine Sellers - Shochu and Soju.

SB0219  Sens Young and Hough.  Frederick County – Alcoholic Beverages – Seating Requirement for Class B Licenses.

SB0220  Sens Young and Hough.  Frederick County - Alcoholic Beverages - Arena License.

SB0221  Sen Simonaire.  Election Law – State Administrator of Elections – Term.

SB0222  Sen Kelley.  Foreclosed Property Registry - Updated Information - Notice to Local Governments.

SB0223  Sen Waugh, et al.  Transportation - Highway User Revenues - Allocation.

SB0224  Sen Ramirez.  Creation of a State Debt - Prince George's County - Cottage City Public Works Building.

SB0225  Sen Hough.  Correctional Services – Eligibility for Parole – Life Imprisonment.

SB0226  Sen Norman, et al.  Real Property - Wrongful Detainer and Distress Actions - Trial by Jury.

SB0227  Sen Young, et al.  Small Business Fairness Act of 2018.

SB0228  Sen Guzzone.  Cybersecurity Investment Incentive Tax Credit - Eligibility, Appropriation, and Sunset Extension.

SB0229  Sen Zirkin.  Baltimore County - Program Open Space - Local Funds - Acquisition and Development of Land for Educational Purposes.

SB0230  Sen Zirkin.  Disclosure of Medical Records - Compulsory Process - Timeline.

SB0231  Sens Guzzone and Ferguson.  Creation of a State Debt - Baltimore City - Chesapeake Shakespeare Company.

SB0232  Sen Feldman.  Public Health – General Hospice Care Programs – Collection and Disposal of Unused Prescription Medication.

SB0233  Sen Middleton.  Maryland Department of Health - Defendants Found Incompetent to Stand Trial or Not Criminally Responsible - Commitment.

SB0234  Sen Middleton.  Interstate Medical Licensure Compact.

SB0235  Sen Robinson, et al.  Labor and Employment - Minimum Wage - Indexing.

SB0236  Sens Robinson and Smith.  State Board of Education - Financial Literacy and Entrepreneurship Curriculum - Development and Implementation.

SB0237  Sen Robinson, et al.  Adult Correctional Institutions - Financial Literacy and Entrepreneurship Curriculum - Development and Implementation.

SB0238  Sen Robinson.  Income Tax - Subtraction Modification - Qualified Pet Expenses.

SB0239  Sen Robinson.  Creation of a State Debt - Baltimore City - Jenkins Senior Living Community.

SB0240  Sen Robinson.  Creation of a State Debt - Baltimore City - EMAGE Center.

SB0241  Sen Robinson.  Creation of a State Debt - Baltimore City - Hollins Market.

SB0242  Sen Robinson.  Creation of a State Debt - Baltimore City - Itineris Foundation.

SB0243  Sen Robinson.  Baltimore City - Park Heights Redevelopment Area - Alcoholic Beverages - Store Closing Time.

SB0244  Sens Robinson and Salling.  Campaign Material – Social Media – Consent for Use of Image.

SB0245  Sens Robinson and Smith.  Procurement – Security Requirements – Forms.

SB0246  Sen Waugh.  State Personnel - Maryland Hatch Act.

SB0247  Sens Norman and Feldman.  State Government - Notaries Public - Travel Fees.

SB0248  Sen Kelley, et al.  Criminal Procedure - Charging Procedures and Documents - Citation.

SB0249  Sen Kelley, et al.  Inmates - Life Imprisonment - Parole Reform.

SB0250  Sen Kelley, et al.  Landlord and Tenant - Prohibited Lease Provisions - Late Fees for Tenants Receiving Government Benefits.

SB0251  Sen Conway.  Minority Business Enterprises - Required Regulations - Liquidated Damages Prohibition.

SB0252  Sen Conway, et al.  Historically Black Institutions - State Funding - Blount-Rawlings-Britt HBI Comparability Program.

SB0253  Sens Conway and Madaleno.  Alcoholic Beverages - Sale of Powdered Alcohol - Prohibition.

SB0254  Sen McFadden.  Public Health - Tobacco Control Funding.

SB0255  Sen McFadden.  University of Maryland Eastern Shore - State Matching Funds for Land-Grant Institutions.

SB0256  Sen Pinsky, et al.  Presidential Candidate Tax Transparency Act.

SB0257  Sen Kelley, et al.  Juvenile Law - Records - Juveniles Charged as Adults.

SB0258  Sen Kelley, et al.  Condominiums – Claims Against Developers and Vendors – Unenforceability of Certain Provisions.

 

[18-03-26]

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court of Appeals dated January 16, 2018, JEFFREY ADAM WERTKIN, 213 F Street, NE, Washington, DC 20002, 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 January 16, 2018, ELIZABETH MARGARET FISCHER, 2323 Henshaw Place, #303, Alexandria, Virginia 22311, has been suspended, effective immediately, 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 January 18, 2018, LAURENCE FLEMING JOHNSON, 2401 Blueridge Avenue, Suite 407, Silver Spring, Maryland 20902, has been replaced upon the register of attorneys in the Court of Appeals as of January 18, 2018.  Notice of this action is certified in accordance with Maryland Rule 19-761

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated January 18, 2018, DAVID EUGENE FURRER, 5700 Downing Drive, Baltimore, Maryland 21212, has been indefinitely suspended 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).

[18-03-24]

 

 

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 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

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 Final Action

[17-271-F]

On January 22, 2018, the Board Examiners of Landscape Architects adopted new Regulations .01—.13 under a new chapter, COMAR 09.28.04 Continuing Professional Competency Requirements. This action, which was proposed for adoption in 44:23 Md. R. 1093—1095 (November 13, 2017), has been adopted as proposed.

Effective Date: February 12, 2018.

STEVE LONG
Executive Director

 

Title 10
MARYLAND DEPARTMENT 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 Final Action

[17-276-F]

On January 11, 2018, the Secretary of Health adopted amendments to Regulation .08 under COMAR 10.09.48 Targeted Case Management for People with Developmental Disabilities. This action, which was proposed for adoption in 44:23 Md. R. 1101 (November 13, 2017), has been adopted as proposed.

Effective Date: February 12, 2018.

ROBERT R. NEALL
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 Final Action

[17-266-F]

On January 12, 2018, the Secretary of Health adopted amendments to Regulation .03 under COMAR 10.09.65 Maryland Medicaid Managed Care Program: Managed Care Organizations. This action, which was proposed for adoption in 44:23 Md. R. 1101—1103 (November 13, 2017), has been adopted as proposed.

Effective Date: February 12, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.84 Community First Choice

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

Notice of Final Action

[17-212-F]

On January 19, 2018, the Secretary of Health adopted amendments to Regulations .02, .05—.07, .10, .15, .18, .19, .23, and .24 under COMAR 10.09.84 Community First Choice. This action, which was proposed for adoption in 44:21 Md. R. 1004—1006 (October 13, 2017), has been adopted with the nonsubstantive changes shown below.

Effective Date: February 12, 2018.

Attorney General's Certification

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

Regulation .18D(3): Language was clarified to ensure consistent interpretation with existing practice.

.18 Covered Services — Items or Services that Substitute for Human Assistance.

A.―C. (text unchanged)

D. The program covers home-delivered meals provided during meal periods that personal assistance services are not provided. Home-delivered meals shall be:

(1)(2) (proposed text unchanged)

(3) Nutritionally adequate for the participant’s age based on the Recommended Dietary Allowance (RDA) or Dietary Reference Intake (DRI), as established by the Food and Nutrition Board of the National Research Council and demonstrated by having the menus certified in writing by [[the participant’s]] a physician, dietitian, or nutritionist; and

(4) (proposed text unchanged)

E. (proposed text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 15 FOOD

10.15.02 Crab Meat

Authority: Health-General Article, §§18-102, 21-211, 21-234, 21-304,
21-321, 21-339, 21-340, and 21-350, Annotated Code of Maryland

Notice of Final Action

[17-291-F]

On January 23, 2018, the Secretary of Health adopted amendments to Regulations .01, .05, and .07—.15 and the repeal of Regulation .02 under COMAR 10.15.02 Crab Meat. This action, which was proposed for adoption in 44:24 Md. R. 1155—1157 (November 27, 2017), has been adopted as proposed.

Effective Date: February 12, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 34 BOARD OF PHARMACY

10.34.34 Pharmacy Technicians

Authority: Health-Occupations Article, §§12-205 and 12-6B-01, Annotated Code of Maryland

Notice of Final Action

[17-261-F]

On January 11, 2018, the Secretary of Health adopted amendments to Regulation .05 under COMAR 10.34.34 Pharmacy Technicians. This action, which was proposed for adoption in 44:22 Md. R. 1049—1050 (October 27, 2017), has been adopted as proposed.

Effective Date: February 12, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 36 BOARD OF EXAMINERS OF PSYCHOLOGISTS

10.36.01 Procedures

Authority: Health Occupations Article, §§18–206, 18–301(b)(3) and (d),
18–302—18–305, 18–309, and 18–317, Annotated Code of Maryland

Notice of Final Action

[17-289-F]

On January 12, 2018, the Secretary of Health adopted amendments to Regulations .02, .08, and .09 under COMAR 10.36.01 Procedures. This action, which was proposed for adoption in 44:24 Md. R. 1157—1158 (November 27, 2017), has been adopted as proposed.

Effective Date: February 12, 2018.

ROBERT R. NEALL
Secretary of Health

 

Title 14
INDEPENDENT AGENCIES

Subtitle 29 MARYLAND HERITAGE AREAS AUTHORITY

14.29.03 Designation of Certified Heritage Areas

Authority: Financial Institutions Article, §§13-1107(6) and 13-1111(b), Annotated Code of Maryland

Notice of Final Action

[17-285-F]

On January 23, 2018, the Maryland Heritage Areas Authority adopted the repeal of existing Regulation .06 and adopted new Regulation .06 under COMAR 14.29.03.06 Designation of Certified Heritage Areas. This action, which was proposed for adoption in 44:24 Md. R. 1163—1164 (November 27, 2017), has been adopted as proposed.

Effective Date: February 12, 2018.

ROBERT McCORD
Acting Secretary of Planning
Chair, Maryland Heritage Areas Authority

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 09 MARYLAND CO2 BUDGET TRADING PROGRAM

Notice of Final Action

[17-282-F]

On January 16, 2018, the Secretary of the Environment adopted amendments to:

(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.

This action, which was proposed for adoption in 44:23 Md. R. 1124—1126 (November 13, 2017), has been adopted as proposed.

Effective Date: February 12, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 11 AIR QUALITY

Notice of Final Action

[17-181-F]

On November 16, 2017, the Secretary of the Environment adopted:

(1) Amendments to Regulations .01 and .10 under COMAR 26.11.02 Permits, Approvals, and Registration; and

(2) Amendments to Regulations .01, .02, and .04, the repeal of existing Regulation .03, and new Regulation .03 under COMAR 26.11.36 Distributed Generation.

This action, which was proposed for adoption in 44:14 Md. R. 685 — 687 (July 7, 2017), has been adopted as proposed.

Effective Date: February 12, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 11 AIR QUALITY

26.11.09 Control of Fuel-Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations

Authority: Environment Article, §§1-101, 1-404, 2-101- 2-103, 2-301—2-303, 10-102, and 10-103, Annotated Code of Maryland

Notice of Final Action

[17-155-F]

On November 29, 2017, the Secretary of the Environment adopted amendments to Regulations .01, .04, and .06 and the repeal of Regulation .11 under COMAR 26.11.09 Control of Fuel-Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations. This action, which was proposed for adoption in 44:12 Md. R. 600—602 (June 9, 2017), has been adopted as proposed.

Effective Date: February 12, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 11 AIR QUALITY

26.11.33 Architectural Coatings

Authority: Environment Article, §§1-101, 1-404, 2-101 —2-103, 2-301—
2-303, 10-102, and 10-103, Annotated Code of Maryland

Notice of Final Action

[17-150-F]

On November 29, 2017, the Secretary of the Environment adopted the repeal of Regulations .01 — .14 under COMAR 26.11.33 Architectural Coatings. This action, which was proposed for adoption in 44:12 Md. R. 602 — 603 (June 9, 2017), has been adopted as proposed.

Effective Date: February 12, 2018.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 03 INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS

31.03.05 Bail Bonds

Authority: Insurance Article, §§2-108, 2-109(a)(1), 10-126, and 10-309, and Title 10, Subtitle 3, Annotated Code of Maryland

Notice of Final Action

[17-240-F]

On January 12, 2018, the Insurance Commissioner adopted amendments to Regulation .09 and new Regulation .15 under COMAR 31.03.05 Bail Bonds. This action, which was proposed for adoption in 44:20 Md. R. 967 (September 29, 2017), has been adopted with the nonsubstantive changes described below.

Effective Date: February 12, 2018.

Attorney General's Certification

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

The change to the form will clarify that the installment agreement itself cannot be changed by the parties. It also clarifies that modifications can be made to the dollar amount of payments due or to the number of payments owed under the terms of this agreement, but that these changes must be in writing and signed by both parties.

 

Click here to view form.

ALFRED W. REDMER, JR.
Insurance Commissioner

 

Title 33
STATE BOARD OF ELECTIONS

Notice of Final Action

[17-270-F]

On January 18, 2018, the State Board of Elections adopted:

(1) Amendments to Regulation .07 under COMAR 33.12.02 Initiation of Recounts;

(2) Amendments to Regulation .02 under COMAR 33.13.02 Campaign Finance Report;

(3) Amendments to Regulation .02 and new Regulation .08 under COMAR 33.13.08 Independent Expenditure Requirements;

(4) Amendments to Regulation .02 and new Regulations .06—.08 under COMAR 33.13.09 Electioneering Communication Requirements;

(5) Amendments to Regulation .04 and new Regulations .05 and .06 under COMAR 33.13.14 Public Financing;

(6) New Regulations .08—.12 under COMAR 33.13.15 Political Action Committees;

(7) New Regulation .03 under COMAR 33.13.16 Contributions by Business Entities;

(8) Amendments to Regulation .10 under COMAR 33.14.02 Eligibility Requirements and Procedures; and

(9) Amendments to Regulation .01 and new Regulation .02 under COMAR 33.20.08 Sanctions.

This action, which was proposed for adoption in 44:23 Md. R. 1127—1131 (November 13, 2017), has been adopted as proposed.

Effective Date: February 12, 2018.

LINDA H. LAMONE
State Administrator of Elections

 

Title 34
DEPARTMENT OF PLANNING

Subtitle 04 HISTORICAL AND CULTURAL PROGRAMS

34.04.07 Heritage Structure Rehabilitation Tax Credit Certifications

Authority: State Finance and Procurement Article, §5A-303, Annotated Code of Maryland

Notice of Final Action

[17-294-F]

On January 23, 2018, the Department of Planning adopted amendments to Regulations .02 and .05 under COMAR 34.04.07 Heritage Structure Rehabilitation Tax Credit Certifications. This action, which was proposed for adoption in 44:25 Md. R. 1195—1196 (December 8, 2017), has been adopted as proposed.

Effective Date: February 12, 2018.

ROBERT McCORD
Acting Secretary of Planning

 

Proposed Action on Regulations

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 18 BOATING—SPEED LIMITS AND OPERATION OF VESSELS

08.18.24 Severn River Vessel Management Area

Authority: Natural Resources Article, §§8-703, 8-704, and 8-725.2, Annotated Code of Maryland

Notice of Proposed Action

[18-031-P]

The Secretary of the Maryland Department of Natural Resources proposes to amend Regulation .03 under COMAR 08.18.24 Severn River Vessel Management Area.

Statement of Purpose

The purpose of this action is to update and clarify existing boating laws and coordinates of certain boundaries, correct typographical errors and to ensure safe boating on Maryland’s waterways.

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 Michael Grant, Fishing and Boating Services, Department of Natural Resources, 580 Taylor Avenue, E4, Annapolis, MD 21401, or call 410-260-8013, or email to Michael.grant@maryland.gov, or fax to 410-260-8453. Comments will be accepted through March 5, 2018. A public hearing has not been scheduled.

.03 Severn River North Shore — Speed Limits.

The Severn River north shore areas, with their corresponding speed limits, are set forth below:

A. (text unchanged)

B. Yantz Creek. This encompasses the area upstream of a line beginning at a point at or near Lat. 39° 4.097’ N., Long. 76° 33.818’ W., then running [136° (True) to a point, at or near Lat. 39° 4.070’ N., Long. 76° 33.785’ W.] 167º (True) to a point, at or near Lat. 39º4.022’N., Long. 76º33.796’W. Except as otherwise restricted, the speed limit for this area is 6 knots.

C.—J. (text unchanged)

K. Carr Creek. This encompasses the area upstream of a line beginning at a point at or near Lat. 38° 58.975’ N., Long. 76° 27.647’ W., then running 124° True) to a point, at or near Lat. 38° 58.775’ N., Long. 76° 27.273’ W., is a restricted area and under military control. Consult current [addition] edition of the US Coast Pilot 3 for restrictions.

MARK J. BELTON
Secretary of Natural Resources

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 06 DISEASES

10.06.01 Communicable Diseases and Related Conditions of Public Health Importance

Authority: Health-General Article, §§2-104(b), 18-102, 18-201, 18-202, and 18-205, Annotated Code of Maryland

Notice of Proposed Action

[18-039-P]

     The Secretary of Health proposes to amend Regulation .03 under COMAR 10.06.01 Communicable Diseases and Related Conditions of Public Health Importance.

Statement of Purpose

The purpose of this action is to require health care providers, institutions, and laboratories to report to local health departments—and local health departments to report to the Department of Health—positive results received for any individuals tested for latent tuberculosis infection (LTBI) within their jurisdictions, rather than only positive results for people who are contacts to active tuberculosis cases and B-waiver designated immigrants and refugees.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. This proposal is not expected to have a direct economic impact on the Department. The Department already receives latent tuberculosis infection (LTBI) testing result reports for a subset of those tested. This proposal will result in increased results received by the Department; however, these results can be received with existing resources. There may be an economic impact on local health departments because they will be required to submit an increased volume of LTBI reports to the Department.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

(E+)

Indeterminable

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(-)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

C. Local Health Departments may have increased costs associated with increased LTBI reporting. LTBI reporting is performed both by hard copy and electronically, and the process for reporting will not change as a result of this proposal. The magnitude of this impact is indeterminate at this time because the magnitude of increased reporting is unknown.

D. Laboratories, and any other entities that do LTBI testing including corrections, occupational health centers, long-term care facilities and schools or universities may have increased costs associated with increased LTBI reporting.

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 March 5, 2018. A public hearing has not been scheduled.

.03 Reportable Diseases, Conditions, Outbreaks, and Unusual Manifestations; Submitting Clinical Materials.

A.—B. (text unchanged)

C. List of Reportable Diseases and Conditions.

[HEALTH CARE PROVIDERS, INSTITUTIONS, AND OTHERS1

LABORATORIES
TIMEFRAME FOR REPORTING2]

HEALTH CARE PROVIDERS, INSTITUTIONS, AND OTHERS1

LABORATORIES

TIME FRAME FOR REPORTING2

Diseases and Conditions

Laboratory Evidence of

Submit Clinical Materials to the Department3

Immediate

Within 1 Working Day

(1)—(51) (text unchanged)

 

 

 

 

(52) Mycobacteriosis, other than tuberculosis and leprosy

Mycobacterium [spp.] species, other than Mycobacterium tuberculosis complex or Mycobacterium leprae

 

 

X

(53)—(76) (text unchanged)

 

 

 

 

(77) Tuberculosis, active disease, and suspected active tuberculosis6

Mycobacterium tuberculosis complex

X

X

 

(77-1) Tuberculosis, latent infection (LTBI)7

Mycobacterium tuberculosis complex, latent infection7

 

 

X

(78)—(82) (text unchanged)

 

 

 

 

(83) Vibriosis, [non-cholera7] non-cholera8

All non-cholera Vibrio [species7] species8

X

 

X

(84)—(85) (text unchanged)

 

 

 

 

 

Footnotes:

1.— 6. (text unchanged)

7. Latent tuberculosis infection as indicated when:

(a) There is a positive result on an Interferon Gamma Release Assay, Tuberculin Skin Test, or any other test indicating tuberculosis infection; and

(b) Active or suspected tuberculosis has been ruled out.

[7.] 8. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 32 BOARD OF PHYSICIANS

Notice of Proposed Action

[17-209-P]

The Secretary of Health proposes to:

(1) Amend Regulation .12 under COMAR 10.32.01 General Licensure Regulations; and

(2) Repeal in their entirety Regulations .01—.07 under COMAR 10.32.07 Unlicensed Medical Practitioners.

This action was considered at a public hearing held on April 26, 2017, notice of which was provided by posting on the Board’s website, http://www.mbp.state.us.forms/mar17FULLagenda.pdf, from April 12, 2017—April 26, 2017, pursuant to General Provisions Article, §3-302(c) Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to repeal the registration fee and the entire chapter relating to unlicensed medical practitioners.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. This proposal eliminates the $100 registration fee for unlicensed medical practitioners (UMPs). As a consequence, the Board estimates that there will be a loss of revenue as a result that may approximate $300,000.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(R-)

$300,000

B. On other State agencies:

NONE

C. On local governments:

NONE

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$300,000

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. There are approximately 3,000 unlicensed medical practitioners (UMPs)who have paid $100 to the Board as required. Thus, the Board will lose $300,000 of revenue. As the Board utilized existing resources to process these revenues, there will be some reduction in staff time for this function and there will be a slight decrease in bank processing fees. The staff previously assigned to process UMP registrations will be able to focus their time processing other types of applications in a timely manner.

D. The approximately 3,000 UMPs will no longer have to pay a $100 fee to the Board, saving $300,000 as group.

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 March 5, 2018. A public hearing has not been scheduled.

 

10.32.01 General Licensure Regulations

Authority: Health Occupations Article, §§14-205—14-207, 14-301, and
14-302,
Annotated Code of Maryland

.12 Fees.

The fees are as follows:

A. (text unchanged)

B. Application fees.

(1)—(8) (text unchanged)

[(9) Unlicensed medical practitioner registration fee ... $100;]

C.—E. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 60 BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS

Notice of Proposed Action

[17-211-P]

The Secretary of Health proposes to:

(1) Amend Regulation .05 under COMAR 10.60.01 General Regulations; and

(2) Amend Regulation .01 and adopt new Regulation .04 under COMAR 10.60.03 Continuing Education.

This action was considered at a public meeting held on May 3, 2017, notice of which was given by publication on the Board’s website at http://dhmh.maryland.gov/behs/Pages/BoardMeeting.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Clarify procedures related to continuing education (CE);

(2) Clarify how credit hours will be determined for approved CE;

(3) Establish a process by which the Board may grant an extension of time for a licensee to complete required CE if certain requirements are met;

(4) Provide that failure to obtain the required CE after being granted an extension of time means that the licensee cannot practice in the State; and

(5) Provide that a licensee who fails to complete the required CE after being granted an extension of time and fails to apply for inactive status shall be considered to have a non-renewed 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 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 March 5, 2017. A public hearing has not been scheduled.

 

10.60.01 General Regulations

Authority: Health Occupations Article, §21–305, Annotated Code of Maryland

.05 Environmental Health Specialist-In-Training Program.

A.—D. (text unchanged)

E. Experience Requirements.

(1) Experience obtained under the direction of the environmental health sponsor shall be credited toward the experience requirements of [a Board-approved] an environmental health specialist-in-training program.

(2)—(6) (text unchanged)

 

10.60.03 Continuing Education

Authority: Health Occupations Article, §§21–205, 21–309, and 21–310, Annotated Code of Maryland

.01 Approval of Training.

A.—B. (text unchanged)

C. Board-approved training may consist of participation in any of the following:

(1)—(4) (text unchanged)

(5) Authoring a paper published in a professional journal requiring peer review; or

(6) Instruction of approved training courses[, with up to 10 hours in approved training courses per renewal period accepted].

D. (text unchanged)

E. Assignment of Credit.

(1) The Board shall determine the hours of approved training as follows:

(a) For courses given in educational institutions, 1 hour of approved training is equivalent to 1 hour of classroom training; [and]

(b) Credit hours for training such as [on-line] online courses, correspondence courses, extension studies, and authored papers shall be determined by the Board on a case-by-case basis; and

(c) Credit hours for participation in instruction of an approved training course shall be:

(i) Credited to the instructor as 1 hour of credit for 1 hour of instruction;

(ii) Accepted for up to 10 hours of training per renewal period; and

(iii) Accepted only once per renewal period for each training course.

(2) Approved training [obtained within the license renewal period] shall be credited to the [same] license renewal period if:

(a) Taken during the renewal period;

(b) Evidence of completion is submitted within 90 days of completion of the training; and

(c) The training meets the requirements set forth in Regulation .01A of this chapter.

(3) (text unchanged)

(4) Within the license renewal period, credit may not be received for training that is substantially similar to another training as determined by the Board.

F. (text unchanged)

.04 Extension of Time.

A. The Board may grant an extension and conditionally renew a license for 6 months if the Board determines that:

(1) Failure to fulfill the continuing education requirements is a result of:

(a) Functional impairment or prolonged illness that has been diagnosed by a health care practitioner;

(b) Mandatory military service or deployment;

(c) A prolonged absence from the United States;

(d) An officially declared disaster; or

(e) Financial hardship; and

(2) The licensee attempted to meet the requirements.

B. A licensee’s failure to obtain the required continuing education units on or before the end of the 6-month extension shall result in the licensee’s inability to practice as an environmental health specialist in the State.

C. If a licensee cannot obtain the required continuing education units on or before the end of the 6-month extension, the licensee may submit an application for inactive status.

D. A licensee’s failure to obtain the required continuing education units within the 6-month extension period or to submit an inactive status application shall result in the license being placed on non-renewed status.

ROBERT R. NEALL
Secretary of Health

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 03 WATER SUPPLY, SEWERAGE, SOLID WASTE AND POLLUTION CONTROL PLANNING AND FUNDING

26.03.13 Bay Restoration Fund Implementation

Authority: Environment Article, §9-1605.2, Annotated Code of Maryland

Notice of Proposed Action

[18-035-P]

The Secretary of the Environment proposes to amend Regulations .02 and .03 under COMAR 26.03.13 Bay Restoration Fund Implementation.

Statement of Purpose

The purpose of this action is to begin implementation of the Clean Water Commerce Act of 2017, which allows the Bay Restoration Fund to be used to purchase nitrogen, phosphorus, and sediment load reductions from a variety of interests, including local governments and private parties.

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 amendment will allow the Department to use up to $30 million to purchase nitrogen, phosphorus, and sediment load reductions from a variety of interests, including local governments and private parties.

 

 

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:

(R+)

$15 million

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

(+)

$15 million

F. Direct and indirect effects on public:

NONE

 

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

C. Up to $30 million total (after payment of revenue bond debt service) of the Bay Restoration Fund — Wastewater Account — fees deposited to the Department may be used to purchase nitrogen, phosphorus, and sediment load reductions from a variety of interests, including local governments.

E. Up to $30 million total (after payment of revenue bond debt service) of the Bay Restoration Fund — Wastewater Account — fees deposited to the Department may be used to purchase nitrogen, phosphorus, and sediment load reductions from a variety of interests, including private parties.

Economic Impact on Small Businesses

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

Small businesses may benefit if they are engaged in green infrastructure and environmental practices.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Walid Saffouri, Program Administrator, Maryland Department of the Environment, 1800 Washington Blvd, Baltimore, MD 21230, or call 410-537-3757, or email to walid.saffouri@maryland.gov, or fax to 410-537-3445. Comments will be accepted through March 5, 2018. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (5) (text unchanged)

(6) “Local government” has the meaning stated in Environment Article, §9-1601, Annotated Code of Maryland.

[(6)] (7) [(8)] (9) (text unchanged)

(10) “Person” has the meaning stated in Environment Article, §1-101.

(11) “Seller” means any person or local government entering into a contract to sell nutrient or sediment load reductions to the Department in accordance with Regulation .03F of this chapter.

(12) “Septic equivalent dwelling unit” means a measure determined based on the average daily flow of a septic system as follows:

(a) A household septic or any other septic system with average daily flow of 195 gallons per day or less is considered one septic equivalent dwelling unit; or

(b) For a larger septic system, septic equivalent dwelling units are determined by the average daily flow of the system divided by 195 gallons per day.

.03 Wastewater Fund.

A. Bay Restoration Fund fees deposited into the Wastewater Fund shall be used:

(1) — (9) (text unchanged)

(10) To earn interest[.];

(11) To purchase nitrogen, phosphorus, and sediment load reductions.

B. Project Prioritization.

(1) (text unchanged)

(2) Starting in FY 2018, priority for funding shall be:

(a) (text unchanged)

(b) Second for the most cost-effective ENR upgrades at wastewater treatment plants with a design capacity of less than 500,000 gallons per day that discharge to the Chesapeake Bay, based on their project ranking in accordance with §C of this regulation;

(c) Third for ENR upgrades at wastewater treatment plants that discharge into the Atlantic Coastal Bay or other waters of the State, based on their project ranking in accordance with §C of this regulation;

(d) Fourth for future upgrades of wastewater facilities to achieve additional nutrient removal or water quality improvements at ENR treatment levels or better, based on their project ranking in accordance with §C of this regulation;

(e) Fifth for purchase of nitrogen, phosphorus, and sediment load reductions in accordance with §F of this regulation;

[(e)] (f) [Fifth] Sixth for any of the following types of projects based on their project ranking in accordance with §C of this regulation:

(i) — (iv) (text unchanged)

C. — E. (text unchanged)

F. Purchase of Nitrogen, Phosphorus, and Sediment Load Reductions.

(1) Nitrogen, phosphorus, or sediment load reductions eligible for purchase shall meet the following criteria:

(a) The environmental practices generating the purchased nitrogen, phosphorus, and sediment load reductions shall be located in Maryland;

(b) The purchase of nitrogen, phosphorus, and sediment load reductions may not be from the agricultural sector or be permitted from environmental practices implemented on agricultural land as defined in COMAR 15.20.12.02;

(c) The load reductions to be purchased pursuant to these regulations shall have been created on or after July 1, 2017; and

(d) The load reductions purchased pursuant to these regulations may not be used for any other purpose.

(2) Contracts for purchase of load reductions shall meet the following criteria:

(a) The contracts executed by the Department for the purchase of nitrogen, phosphorus, and sediment load reductions may not exceed an annual obligation of $4,000,000 in FY 2018, $6,000,000 in FY 2019, $10,000,000 in FY 2020 and $10,000,000 in FY 2021, and may not exceed a cumulative expenditure of $30,000,000 over the term of the contracts;

(b) The term of the contracts for the annual purchase of nitrogen, phosphorus, and sediment load reductions may not exceed the useful life of the environmental practice as determined by the Department;

(c) The Department may not sign any new contracts for the annual purchase of nitrogen, phosphorus, and sediment load reductions after June 30, 2021; and

(d) Payment provisions will be defined in each purchasing contract and shall require documentation submitted by the seller reporting the nitrogen, phosphorus, or sediment load reduction resulting from a completed environmental practice.

(3) The Department shall use baseline loads and load reductions from baseline loads in developing a methodology for the purchase of nitrogen, phosphorus, and sediment load reductions.

(4) The purchasing baseline loads used to calculate the reduction of nitrogen, phosphorus, or sediment load reduction resulting from a proposed environmental practice are as follows:

(a) The baseline for wastewater treatment plants that received a grant from the Bay Restoration Fund for ENR upgrade shall be the lesser of:

(i) The annual load calculated based on a nitrogen concentration of 3.0 mg/l for nitrogen or a phosphorus concentration of 0.3 mg/l for phosphorus; or

(ii) The annual load for nitrogen or phosphorus, whichever is applicable, reported for the wastewater treatment plant for calendar year 2016;

(b) The baseline for wastewater treatment plants that did not receive a grant from the Bay Restoration Fund shall be the lesser of:

(i) The annual load calculated based on a nitrogen concentration of 18 mg/l for the nitrogen or a phosphorus concentration of 2 mg/l for the phosphorus, and the baselines may not to exceed the waste load allocation or concentrations assigned to the wastewater treatment plant by the discharge permit; or

(ii) The annual load for nitrogen or phosphorus, whichever is applicable, reported for the wastewater treatment plant for calendar year prior to a proposal submitted in response to a Request for Proposals issued by the Department pursuant to these regulations, and the baseline may not to exceed the waste load allocation or concentrations assigned to the wastewater treatment plant by the discharge permit;

(c) The baseline per septic equivalent dwelling unit for nitrogen loading for a septic system that is connected to wastewater treatment plant on or after July 1, 2017, and did not receive State or federal financial assistance for the connection shall be:

(i) For a septic system that has not been upgraded with the best available technology, 18.56 lbs/year for a system located within the critical areas, 11.60 lbs/year for a system located within 1,000 feet of surface water, and 6.96 lbs/year for all other system locations; and

(ii) For a septic system that has been upgraded with the best available technology, 9.28 lbs/year for a system located within the critical areas, 5.80 lbs/year for a system located within 1,000 feet of surface water, and 3.48 lbs/year for all other system locations;

(d) The baseline for a permittee implementing stormwater best management practices and non-agricultural nonpoint source practices for nitrogen, phosphorus, or sediment reduction shall be the load reduction achieved after subtracting the load reductions the permittee is required to make under its municipal separate storm sewer system permit; or

(e) The baseline for a person not regulated under municipal separate storm sewer system permit or property owner implementing stormwater best management practices or any other permissible nonpoint source practices for nitrogen, phosphorus, or sediment reduction shall be the existing conditions of the date a proposal is submitted for the purchase of a load reduction pursuant to these regulations, as determined by the Department consistent with appropriate assumptions and provisions of the Chesapeake Bay TMDL and the Chesapeake Bay Watershed Model, or other Chesapeake Bay Program models, provided that the reduction is not used by a regulated entity to meet the reductions required under its municipal separate storm sewer system permit.

(5) Calculations to determine the total annual nitrogen, phosphorus, or sediment load reduction resulting from a proposed environmental practice shall be consistent with appropriate assumptions and provisions of the Chesapeake Bay TMDL and the Chesapeake Bay Watershed Model, or other Chesapeake Bay Program models and shall be based on the following:

(a) For a wastewater treatment plant, the load reduction is the annual loading identified in the monthly discharge monitoring reports submitted to the Department by the permittee as required under the national pollution discharge elimination system permit or groundwater discharge permit, subtracted from the baseline loading;

(b) For septic system connections to wastewater treatment plants, the nitrogen reduction from each septic system is the average flow of 250 gallons per day per connected septic equivalent dwelling unit multiplied by the annual average nitrogen concentration at the wastewater treatment plant servicing the connections for the calendar year preceding the connection, subtracted from the baseline loading;

(c) For a septic system connection to wastewater treatment plants, the phosphorus reduction is zero lbs/year; or

(d) For stormwater best management practices and non-agricultural non-point source practices, the load reduction is the loads generated after the implementation of the best management practice as determined by the Department consistent with appropriate assumptions and provisions of the Chesapeake Bay TMDL and the Chesapeake Bay Watershed Model, or other Chesapeake Bay Program models subtracted from the baseline loading.

(6) The gross nitrogen, phosphorus, and sediment reduction calculated in Subsection (5) shall be converted to net delivered load reduction consistent with appropriate assumptions and provisions of the Chesapeake Bay TMDL and the Chesapeake Bay Watershed Model, or other Chesapeake Bay Program models, and the converted load is the maximum amount available for purchase.

(7) The Department may not process any payment without being able to verify the reported reductions through the review of the supporting documentation provided by the seller, the review of other documents available to the Department, or on-site inspection, or combination of whichever is applicable.

(8) The Department shall use a competitive process to select sellers for the purchase of nitrogen, phosphorus, or sediment load reduction, based on the following factors:

(a) Cost — Lowest annual cost per pound for nitrogen and phosphorus load reduction, and lowest cost/ton for sediment load reduction with the cost of reduction for each pollutant evaluated and compared independently;

(b) Materiality — Annual load reduction of at least 500 lbs of nitrogen or 100 lbs of phosphorus or 30 tons of sediment;

(c) Sustainability — The environment practice is innovative and is able to produce nitrogen, phosphorus, or sediment load reductions, or combinations thereof, for extended periods of time or provide additional environmental benefits; and

(d) Additional benefits — The environmental practice provides additional benefits to water quality, habitat, watershed function, or social/community enhancement beyond nitrogen, phosphorus, and sediment reduction.

(9) Any load reductions purchased pursuant to this program and regulations shall be based on projects, practices, or activities initiated after the execution of a contract between the seller and the Department in response to the Request for Proposal issued by the Department.

(10) Beginning July 1, 2018, the Department shall report each year to the Bay Restoration Fund Advisory Committee on the implementation of this program.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE

26.04.02 Sewage Disposal and Certain Water Systems for Homes and Other Establishments in the Counties of Maryland Where a Public Sewage System Is Not Available

Authority: Environment Article, §§9-216, 9-217, 9-223, 9-252, 9-319, 9-510, 9-1108, 10-103, 10-301, and 10-304, Annotated Code of Maryland

Notice of Proposed Action

[18-034-P]

     The Secretary of the Environment proposes to amend Regulations .01 and .05 under COMAR 26.04.02 Sewage Disposal and Certain Water Systems for Homes and Other Establishments in the Counties of Maryland Where a Public Sewage System Is Not Available.

Statement of Purpose

The purpose of this action is to increase the maximum loading rates that may be considered for on-site sewage disposal systems if the system is utilizing best available technology (BAT) or permeable micro or ultra-filtration membrane bioreactor (MBR) technology.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. General fund expenditures for MDE will increase by $82,200 in FY 2018 to hire one sanitarian to develop and implement the required regulations. Revenues for the Department are not affected. Local government expenditures may increase to (1) update regulations, as necessary, to reflect changes to State regulations related to MBR and (2) conduct training for employees related to the use of MBR. Incorporating MBR changes to the hydraulic loading rate will allow in certain circumstances for a smaller overall footprint for OSDS. Small businesses that manufacture, sell, install, or provide service for MBR and BAT systems may benefit from an increase in the demand for their products and services.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$82,188

B. On other State agencies:

NONE

C. On local governments:

(E+)

Indeterminable

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. Salary for one Sanitarian plus vehicle and equipment costs.

C. Update regulations and, if needed, increase training for field staff related to the use of MBR.

D(1). Incorporating MBR changes to the hydraulic loading rate will allow in certain circumstances for a smaller overall footprint for OSDS. Small businesses that manufacture, sell, install, or provide service for MBR and BAT systems may benefit from an increase in the demand for their products and services.

Economic Impact on Small Businesses

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

Small businesses that manufacture, sell, install, or provide service for MBR and BAT systems may benefit from an increase in the demand for their products and services.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Naomi Howell, Division Chief, Maryland Department of the Environment, 1800 Washington Blvd., Baltimore, MD 21230, or call 410-537-3779, or email to naomi.howell@maryland.gov, or fax to 410-537-3163. Comments will be accepted through March 5, 2018. A public hearing has not been scheduled.

.01 Definitions.

A. The following terms have the meanings indicated.

B. Terms Defined.

(1) — (24) (text unchanged)

(24-1) “Membrane bioreactors” means a treatment technology that combines the biological-activated sludge process and the membrane filtration process and that is capable of reducing the-5 day biochemical oxygen demand (BOD5 ), total nitrogen (TN), and total suspended solids (TSS) concentrations in wastewater effluent to less than 1 mg/l of TSS, less than 3 mg/l of TN, and less than 3 mg/l of BOD5.

(25) — (52) (text unchanged)

.05 Design and Construction of Conventional On-Site Sewage Disposal Systems.

A. — J. (text unchanged)

K. Loading Rates for Onsite Sewage Disposal Systems.

(1) A domestic, commercial, or institutional establishment with effluent quality stronger than 300 mg/l biological oxygen demand or 300 mg/l suspended solids shall employ a pretreatment unit to pretreat the effluent to a maximum of 300 mg/l biological oxygen demand and 300 mg/l suspended solids.

(2) Maximum loading rates are based on wastewater with the equivalent strength of typical domestic sewage. [A domestic, commercial, or institutional establishment with effluent quality stronger than 300 mg/l biological oxygen demand or 300 mg/l suspended solids shall employ a pretreatment unit to pretreat the effluent to a maximum of 300 mg/l biological oxygen demand and 300 mg/l suspended solids.]

(3) The maximum loading rates for on-site disposal of sewage by sewage disposal systems are as follows:

 

(existing table proposed for repeal)

 

Maximum Loading Rates for On-Site Disposal by
Sewage Disposal Systems with Design Flow Less than
5,000 Gallons per Day

Percolation Rate in Minutes for

1-Inch Drop After Prewetting

Maximum Loading Rate

(Gallons/Day/ft2)

Maximum Loading Rate for effluent treated with BAT technology that meets

TN 30 mg/l or less

(Gallons/Day/ft2)

Maximum Loading Rate for

MBR effluent *

(Gallons/Day/ft2)

2—5

1.2

1.4

2.0

6—15

0.8

1.0

1.6

16—30

0.6

0.8

1.2

Maximum Loading Rates for Systems with Design Flow

Greater Than or Equal to 5,000 Gallons Per Day

Percolation Rate in Minutes for 1-Inch Drop After Prewetting

Maximum Loading Rate

(Gallons/Day/ft2)

Maximum Loading Rate for effluent with BOD5 and TSS 30 mg/l or
less **

(Gallons/Day/ft2)

Maximum Loading Rate
for MBR
effluent ***

(Gallons/Day/ft2)

2—5

0.8

1.6

2.0

6—15

0.6

1.2

1.6

16—30

0.4

1.0

1.2

* Shall be operated and maintained in accordance with the operation and maintenance requirements applicable to BAT systems under COMAR 26.04.02.07D — E.

** An individual groundwater discharge permit is required and advanced pretreatment employed.

*** MBR effluent is defined as BOD5 <3 mg/L, TSS <1 mg/L, and TN <3 mg/L. An individual groundwater discharge permit is required and advanced pretreatment employed.

 

L. — V. (text unchanged)

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 08 WATER POLLUTION

26.08.03 Discharge Limitations

Authority: Environment Article, §§9-313—9-316, 9-319, 9-320—9-325, and 9-328, Annotated Code of Maryland

Notice of Proposed Action

[18-036-P]

The Secretary of the Environment proposes to amend Regulation .02 under COMAR 26.08.03 Discharge Limitations.

Statement of Purpose

The purpose of this action is to allow greater flexibility for classes of permitees to be considered for coverage under a general discharge permit, rather than a single applicant having to obtain both an individual permit and a general permit for the same activity.

 

Comparison to Federal Standards

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

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Paul Hlavinka, Senior Regulatory Compliance Engineer, Maryland Department of the Environment, 1800 Washington Blvd., Baltimore, MD 21230, or call 410-537-3631, or email to paul.hlavinka@maryland.gov, or fax to 410-537-3163. Comments will be accepted through March 5, 2018. A public hearing has not been scheduled.

.02 Use of Toxic Substances for Aquatic Life Management Purposes.

A. — C. (text unchanged)

D. A person who discharges toxic substances to waters of the State is not required to obtain a permit under this regulation if the person is covered under a discharge permit issued under COMAR 26.08.01—.04 that incorporates the requirements of §§B and C(1) and (2) of this regulation.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 12 RADIATION MANAGEMENT

Notice of Proposed Action

[17-202-P-I]

The Secretary of the Environment proposes to amend:

(1) Regulation .01 under COMAR 26.12.01 Radiation Protection; and

(2) Regulation .02 under COMAR 26.12.02 Inspection and Certification.

Statement of Purpose

The purpose of this action is to (1) update COMAR 26.12.01.01 to (a) establish “diagnostic medical radiation event” and require reporting and record keeping of such events; (b) require advance written request for radiation machine facility registration cancellation, and report of removal of X-ray machines; (c) require registration and fee payment for short-term demonstration of human use radiation machines; (d) make corrections in regulations controlling transportation of radioactive material; (e) change the requirement for examination of a radiographer who has not participated in industrial radiography from 3 months to 6 months; and (f) other miscellaneous corrections; and (2) update COMAR 26.12.02.02 to clarify that State certification is inapplicable to mammography diagnostic or screening radiation machines.

These regulations have no economic impact because they do not require additional expenditure by stakeholders or provide additional revenue to the State.

Comparison to Federal Standards

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

Estimate of Economic Impact

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 Michael D. Kurman, Regulations Coordinator, Radiological Health Program, Air and Radiation Management Administration, Maryland Department of the Environment, 1800 Washington Boulevard, Suite 750, Baltimore, Maryland 21230, or email to michael.kurman@maryland.gov, or call 410-537-3208, or fax to 410-537-3198. Comments will be accepted through March 5, 2018. A public hearing has not been scheduled.

The proposed regulation may be viewed on the MDE Website at http://mde.maryland.gov/programs/Air/RadiologicalHealth/Documents/www.mde.state.md.us/assets/document/air/RH_comar/Supp.29Redline.pdf or at official depository libraries throughout the State. A listing of these depository libraries is available at http://www.dsd.state.md.us/Depositories.html or call 410-974-2486 or 800-633-9657.

 

Editor’s Note on Incorporation by Reference

     Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the Regulations for the Control of Ionizing Radiation (1994), Supplement 29, 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 45:1 Md. R. 8 (January 5, 2018), 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. 

 

26.12.01 Radiation Protection

Authority: Environment Article, §§8-106, 8-301, and 8-304, Annotated Code of Maryland

.01 Incorporation by Reference.

All provisions of the “Regulations for the Control of Ionizing Radiation (1994)” as amended by Supplement 1 through Supplement [28] 29 are incorporated by reference.

 

26.12.02 Inspection and Certification

Authority: Environment Article, §§8-104(a), 8-106, 8-301, 8-304, and 8-306, Annotated Code of Maryland

.02 State Certification of Radiation Machines.

A. Applicability. This regulation does not apply to persons using the following radiation machines:

(1) — (2) (text unchanged)

(3) Those used for mammography diagnostic or screening purposes;

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

B. — E. (text unchanged)

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Subtitle 16 LEAD

26.16.07 Lead in Drinking Water — Public and Nonpublic Schools

Authority: Environment Article, §§6-1501 — 6-1502, Annotated Code of Maryland

Notice of Proposed Action

[18-038-P]

The Secretary of the Environment proposes to adopt new Regulations .01 — .12 under a new chapter, COMAR 26.16.07 Lead in Drinking Water — Public and Nonpublic Schools.

Statement of Purpose

The purpose of this action is to comply with Ch. 386 (H.B. 270), Acts of 2017, by requiring public and nonpublic schools to test drinking water outlets for lead contamination and establishing an ongoing program to minimize the risk of exposure to lead in the school’s drinking water.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. As was noted in the fiscal note for Ch. 386 (H.B. 270), Acts of 2017, this regulation will have a fiscal impact on the Department and on both public and nonpublic schools. Private laboratories may benefit from an increase in the demand for their services.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$700,000

B. On other State agencies:

NONE

C. On local governments:

(E+)

Indeterminable

 

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. The fiscal note for Ch. 386 (H.B. 270), Acts of 2017,estimated that in FY 18 the Department would expend approximately $500,000. Of that total, $100,000 was estimated for a data tracking system. However, after researching similar programs implemented in other states, it is now estimated that the data tracking system could cost as much as $700,000. The ongoing expenses for the Department that were detailed the fiscal note for H.B. 270, will be between $320,000 and $365,000 annually.

C. The magnitude of any increase in costs for public school systems depends on a number of variables and cannot be reliably estimated at this time. To the extent any schools are found to test positive for lead in drinking water, local expenditures increase further, and potentially significantly, to implement the required follow-up actions.

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 Christina Ardito, Regulatory Compliance Engineer, Maryland Department of the Environment, 1800 Washington Blvd., Baltimore, MD 21230, or call 410-537-3729, or email to comments.hb270regulation@maryland.gov, or fax to 410-537-3157. Comments will be accepted through March 5, 2018. A public hearing will be held on February 28, 2018, 4 — 6 p.m., at Maryland Department of the Environment, 1800 Washington Blvd., Baltimore, MD 21230.

.01 Purpose.

This chapter requires public and nonpublic schools to test their drinking water outlets for lead contamination and establishes an ongoing program to minimize the risk of exposure to lead in the school’s drinking water and establishes an action level of 20 parts per billion (ppb) for lead in drinking water in school buildings.

.02 Scope.

This chapter establishes requirements and standards for lead monitoring in occupied public and nonpublic school buildings serving prekindergarten through grade 12 students where drinking water to the building is provided by a public water system. This chapter does not apply to a public or nonpublic school that is regulated as a public water system in accordance with the requirements of COMAR 26.04.01.

.03 Definitions.

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

B. Terms Defined.

(1) “Action level” means the level of lead which, if exceeded, requires the school to complete steps including remedial action, notification, and follow-up sampling.

(2) “Bottled water” means water that is intended for human consumption and that is sealed in bottles or other containers and meets the National Primary Drinking Water regulations for all regulated contaminants.

(3) “Certified laboratory” means a laboratory certified by the Maryland Department of the Environment to analyze drinking water samples for lead.

(4) “Department” means the Maryland Department of the Environment.

(5) “Designated responsible person” means an individual identified by the school to serve as the point of contact for implementation of and compliance with this regulation, including documentation, proper sampling and follow up, and timely reporting.

(6) Drinking Water Outlet.

(a) “Drinking water outlet” means a potable water fixture that is used for drinking or food preparation.

(b) “Drinking water outlet” includes:

(i) A drinking fountain, including both bubbler and water cooler styles;

(ii) An ice-making machine;

(iii) A hot drink machine;

(iv) A kitchen sink;

(v) A classroom combination sink with drinking fountain;

(vi) A sink in a home economics classroom;

(vii) A teachers’ lounge sink;

(viii) A nurse’s office sink;

(ix) A sink in a special education classroom; and

(x) Any other sink known to be used for human consumption.

(c) “Drinking water outlet” does not include an outlet clearly signed as not a drinking water outlet.

(7) “Elevated level of lead” means a lead concentration in drinking water that exceeds the concentration of 20 ppb in a 250 milliliter (mL) first-draw, as recommended by the EPA in technical guidance documents for schools, including “3Ts for Reducing Lead in Drinking Water in Schools”.

(8) “First-draw sample” means a 250 mL sample of tap water that has been standing in plumbing 8 to 18 hours and is collected without flushing the tap.

(9) “Flushed sample” means a 250 mL sample of tap water that has been drawn from an outlet immediately after the outlet has been run for at least 30 seconds.

(10) “Lead-free” means plumbing that meets the definition of “lead-free” as defined by Business Occupations and Provisions Article, §§12-101, 12-605.1, and 12-605.2, Annotated Code of Maryland.

(11) “MSDE” means the Maryland State Department of Education.

(12) “Nonpublic school” means an elementary or secondary school, other than a public school, offering education for prekindergarten through grade 12 wherein any child may legally fulfill compulsory school attendance requirements.

(13) “Public school” means a school, including a charter school, that is maintained at public expense for the education of the children of a community or district and constitutes a part of a system of free public education for prekindergarten through grade 12.

(14) Public Water System.

(a) “Public water system” means a water supply system that provides water for human consumption through pipes or other constructed conveyances to at least 15 service connections or regularly serves at least 25 individuals, as defined in COMAR 26.04.01.

(b) “Public water system” includes water supply sources such as ground water wells, springs, rivers, reservoirs, or lakes.

(15) “Sampling bottle” means a precleaned, high-density polyethylene, wide-mouth, single use 250 mL labeled bottle.

(16) “School” means an individual school or a school system.

(17) School Building.

(a) “School building” means any structure, facility, addition, or wing of a school that may be occupied by children or students prekindergarten through grade 12.

(b) “School building” does not include a building used solely for administrative purposes.

(18) “School day” means any day on which school is in session.

(19) “Technical guidance” means the most recent technical guidance documents issued by EPA for reducing lead in drinking water in schools, such as the “3Ts for Reducing Lead in Drinking Water in Schools” (2006) and any subsequent technical guidance documents issued by EPA for reducing lead in drinking water in schools.

.04 Applicability and Authority.

A. This chapter applies to the testing of drinking water from drinking water outlets in occupied public or nonpublic school buildings, except as noted in §B of this regulation.

B. This chapter does not apply to a public or nonpublic school if the school’s water system is classified as a public water system and is already subject to testing for lead under COMAR 26.04.01.06-2.

C. Each school shall establish that it:

(1) Has a school-specific plan for testing prior to each sampling event;

(2) Has a plan for remedial action if an elevated level of lead is detected;

(3) Has identified a designated responsible person who will ensure that this regulation is followed; and

(4) Maintains records of sample dates and times, sample types, sample locations, types of outlets sampled, results of testing, waivers granted, and all actions taken.

D. The Department and MSDE employees may enter school buildings upon reasonable notice.

.05 Waivers.

A. The Department, in consultation with MSDE, may grant a waiver from the testing required under this regulation if a school submits a written request for a waiver, using a form generated by the Department, along with the required documentation that:

(1) The following two conditions have been met:

(a) All drinking water outlets in the school building were tested, no more than 5 years before the effective date of this regulation, for the presence of lead in a manner that complies with this chapter, including analysis by a certified laboratory; and

(b) All test results are at a level of 5 ppb or lower in all drinking water outlet samples;

(2) The following two conditions have been met:

(a) Students in the building do not have access to water from any drinking water outlet; and

(b) Bottled water is the only source of water for drinking water and food preparation in the school building; or

(3) A school demonstrates that the school building meets the following:

(a) The service line and all plumbing connecting the school to the water main are lead-free;

(b) All interior plumbing in the school building is lead-free; and

(c) Certification of lead-free status shall be documented on a form developed by the Department.

B. Schools are subject to all requirements of this regulation until they receive written approval from the Department granting the waiver.

C. Substantive plumbing upgrades or renovations to the school, or changes in the corrosivity of the public water supplied to the school may invalidate a waiver.

D. The school shall notify the Department within 30 days if it no longer meets the conditions of the waiver or if the conditions in §C of this regulation are met.

E. If a school notifies the Department that it no longer meets the conditions of the waiver, it is then subject to all requirements of this regulation. The school may reapply in the future if it satisfies §A of this regulation.

.06 Testing Requirements.

A. All public and nonpublic schools that are not classified as a public water system and have not been granted a waiver shall conduct initial testing for the presence of lead in every drinking water outlet located in an occupied public or nonpublic school building. Bathroom and classroom sinks not clearly signed as not a drinking water outlet are subject to testing under this section.

B. Testing shall be prioritized as follows:

(1) Drinking water outlets in school buildings constructed before 1988 and school buildings serving students in prekindergarten through grade 5 shall initially be tested before July 1, 2018.

(2) Drinking water outlets in school buildings constructed in 1988 or later and serving students in grade 6 through grade 8 not already subject to testing under this chapter shall initially be tested before July 1, 2019.

(3) Drinking water outlets in school buildings constructed in 1988 or later and serving students in grade 9 through grade 12 not already subject to testing under this chapter shall initially be tested before July 1, 2020.

C. In cases where there is overlap between or among these student age specifications testing shall be conducted by the earlier specified deadline.

D. The Department, in consultation with MSDE, may grant a deferral of initial testing from the requirements of §§A — C of this regulation, if either of the following situations apply:

(1) A deferral, not to exceed 3 years past the date stipulated in this regulation, may be granted if:

(a) The school submits a written request for a deferral on a form generated by the Department;

(b) The request documents that all drinking water outlets in the school building have been tested for the presence of lead in a manner that complies with this chapter; and

(c) The request documents that analysis by a certified laboratory confirming the most recent test results indicate that elevated levels of lead were not found in water samples from any drinking water outlet; or

(2) A deferral, not to exceed 12 months past the date stipulated in this regulation, may be granted if:

(a) The school submits a written request for a deferral on a form generated by the Department;

(b) The request documents that the school has a plan in place for testing all drinking water outlets; and

(c) The plan details actionable steps to be taken if an elevated level of lead in a drinking water outlet in the school building is found.

E. Testing shall be conducted during the regular school year and while school is in session. All drinking water outlets must be sampled within the same school calendar year.

F. In school buildings put into service after the effective date of this regulation, initial first-draw samples shall be performed within 1 year of the date of occupancy. Testing shall be performed during the regular school year and while school is in session.

G. Schools shall conduct lead monitoring on every drinking water outlet at a frequency of every 3 years unless the school has been granted a waiver by the Department.

H. Schools shall conduct lead monitoring within 1 year following substantive plumbing upgrades or renovations.

.07 Standard Sampling Method.

A. Schools shall collect samples in accordance with the following procedures:

(1) Collect 250 mL first-draw samples in prelabeled sampling bottles.

(2) Collect samples from the cold water tap.

(3) If the outlet has an aerator, leave the aerator in place during sampling.

(4) If the outlet has a filter, sample without the filter.

(5) Determine if one chiller serves more than one fountain; if it does, collect first-draw samples from each fountain.

(6) Follow all laboratory or Department instructions for collecting, handling, and submitting water samples.

(7) Samples must be acidified within 14 days of collection unless sample bottles are pre-acidified by the laboratory.

B. Schools shall ensure that samples have appropriate water age in the following ways:

(1) Collect samples of water that have been sitting in pipes for at least 8 hours but not more than 18 hours.

(2) Samples may be collected from outlets in which the water exceeds the 18 hour stagnation period if these outlets are used infrequently, and this stagnation period represents normal use patterns.

C. Schools shall ensure that samples are analyzed:

(1) By a laboratory certified by the Department for lead analysis;

(2) Within 6 months of preservation; and

(3) In accordance with EPA method 200.8, EPA method 200.9, or current method approved in 40 CFR §141.23 or COMAR 26.04.01.01-1.

D. Schools shall complete the following records for each sample collected:

(1) Record the type of sample;

(2) The building address;

(3) The location within the building;

(4) The specific tap tested;

(5) The date and time the water was last used;

(6) The date and time the sample was collected;

(7) The name and contact information of the sample collector for each sample collected, as indicated in guidance developed by the Department; and

(8) The completed chain of custody form.

.08 Response to Samples Indicating Elevated Levels of Lead.

After being notified by the laboratory of an elevated level of lead in a drinking water outlet, schools shall:

A. Within 24 hours, prevent all physical access to water from the drinking water outlet until the problem is mitigated;

B. Within 5 school days, collect a flushed sample from each outlet for which the first-draw sample result exceeded 20 ppb of lead;

C. Have the flush sample analyzed by a certified laboratory; and

D. Continuously maintain an adequate supply of drinking water to school occupants that meets the current Safe Drinking Water Act standards.

.09 Notification Requirements Following Detection of Elevated Levels of Lead.

A. The school shall provide a notice of all lead sample results with an elevated level of lead to:

(1) The parent or legal guardian of each student attending the school within 10 school days of the school’s receipt of the laboratory report; and

(2) Teachers and other employees within 10 school days of the school’s receipt of the laboratory report.

B. Notice shall be posted on the school website within 30 school days of the school’s receipt of the laboratory results.

C. The notices shall include:

(1) The results of the lead testing and the locations of corresponding sample sites;

(2) A summary of federal and State drinking water standards relative to lead;

(3) An explanation of the health effects of lead;

(4) The sources of human exposure to lead, including drinking water;

(5) School contact information;

(6) Immediate actions taken and next steps; and

(7) The steps consumers can take to reduce exposure to lead in drinking water.

.10 Remedial Plan of Action.

A. If elevated levels of lead are found in any drinking water outlet, the school shall determine and document a remedial plan of action to permanently reduce the lead level or replace the outlet, plumbing, or service line contributing to the elevated level of lead.

B. The school shall provide its remedial plan of action to the Department and MSDE within 30 school days of receiving laboratory results of first-draw testing indicating elevated levels of lead in drinking water outlets.

C. The school shall include one or more of the following actions in its remedial plan of action:

(1) Permanently close access to the outlet or remove the outlet;

(2) Install and maintain a point of use filter at the outlet;

(3) Repair, reconfigure, or replace the outlet, plumbing, or service line contributing to the elevated level of lead;

(4) Install and maintain automatic flushing of outlets after testing confirms that the lead level in the outlet after flushing is not elevated. The automatic flushing outlets shall be installed in:

(a) Kitchen sinks;

(b) Teachers’ lounge sinks;

(c) Home economics classroom sinks;

(d) Nurse’s office sinks;

(e) Other sinks in the building; and

(f) Other outlets as approved by the Department;

(5) Provide bottled water;

(6) Check grounding wires and, if existing wires are grounded to water pipes, find an alternative grounding system; and

(7) Reconfigure plumbing to bypass sources of lead contamination.

D. The school may resume service at a location where an elevated level of lead was found only after:

(1) Remedial action has been taken;

(2) Follow-up first-draw lead sampling has been conducted; and

(3) The outlet no longer has an elevated level of lead.

E. The school shall report remedial measures taken to the Department and MSDE no later than 30 school days after implementation and include all actions taken and the associated dates.

F. The school shall post on the school’s website remedial measures taken no later than 30 school days after implementation and include all actions taken and the associated dates.

G. The dates and results of all follow-up lead sampling shall be reported to the Department and MSDE within 10 school days of receipt of results from the laboratory.

.11 Reporting.

A. Every sample result of lead shall be reported to the Department, MSDE, and the appropriate local health department within 30 days after the samples were analyzed with the following information:

(1) The date and time the water was last used in the school building;

(2) The date and time of sample collection; and

(3) The specific tap tested;

(4) The sample collector name and contact information; and

(5) The school building address.

B. The school shall certify to the Department and MSDE and the appropriate local health department no later than 30 days after the end of the school calendar year in which the samples were collected or 30 days after the samples were analyzed, on a form generated by the Department, that all drinking water outlets in the school building were tested in accordance with this regulation, and provide the following information:

(1) The total number of samples collected;

(2) The dates the samples were collected; and

(3) The number of samples with elevated levels of lead.

C. Remedial actions taken with the corresponding dates shall be reported in accordance with this chapter.

D. Within 30 days of any notification as required in this chapter, the school shall certify to the Department and MSDE, using a form provided by the Department, that the notification has been completed.

E. The Department and MSDE shall jointly report to the Governor and Maryland General Assembly on or before December 1, 2018, and on or before December 1 each year thereafter:

(1) The name and address of each school that has tested its drinking water for lead during the reporting period;

(2) The name and address of each school found to have elevated levels of lead in its drinking water;

(3) The type of outlet from which a drinking water sample with an elevated level of lead was collected and its location in the building; and

(4) The use of each water outlet with an elevated level of lead and the levels detected.

.12 Record Keeping.

Each school shall maintain the following records for a minimum of 10 years and make them available if requested by the Department or MSDE:

A. Sampling plan that includes the location and types of all drinking water outlets;

B. Names and responsibilities of all individuals and/or laboratories involved in sampling and testing;

C. Records related to sampling and testing, including date, type of sample, and results;

D. Immediate actions taken, by whom, and dates;

E. Remedial action plan and documented actions;

F. Records related to lead-free plumbing;

G. Records related to bottled water; and

H. Waiver requests, supporting documentation, and the Department’s decision regarding the waiver.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Title 28
OFFICE OF ADMINISTRATIVE HEARINGS

Subtitle 04 REVIEW OF DECISIONS AND ACTIONS OF HEALTH OCCUPATIONS BOARDS AND COMMISSIONS

28.04.01 Referrals

Authority: Health Occupations Article, §1-203(c), Annotated Code of Maryland

Notice of Proposed Action

[18-033-P]

The Chief Administrative Law Judge of the Office of Administrative Hearings and the Secretary of Health jointly propose to adopt new Regulations .01—.08 and Appendix A under a new chapter, COMAR 28.04.01 Referrals, under a new subtitle, Subtitle 04 Review of Decisions and Actions of Health Occupations Boards and Commissions

Statement of Purpose

The purpose of this action is to implement changes enacted during the 2017 Session of the Maryland General Assembly. Health-General Article, §1-203(c), Annotated Code of Maryland, requires the Office of Administrative Hearings (OAH) to review a decision or action of a board or commission within the Maryland Department of Health (MDH), in accordance with regulations adopted by the Secretary of Health and OAH. OAH, in conjunction with the Office of the Attorney General (OAG), must establish a process for such review. The purpose of this review is to provide supervision for these boards and commissions in order to (1) prevent unreasonable anticompetitive actions by the unit and (2) determine whether the decisions and actions of the unit further a clearly articulated State policy to displace competition in the regulated market.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The regulations implementing the legislation requirements can generally be handled with existing budgeted resources. To the extent the bill results in additional OAH review costs for health occupations boards, general and/or special fund expenditures increase by an indeterminate amount.

Most health occupations board decisions do not impact market competition but relate to disciplinary actions and standards of care; therefore, MDH does not anticipate that a high volume of board decisions and actions will be subject to review. Each board or commission within MDH is responsible for the costs associated with OAH review. With the exception of the State Board of Nursing Home Administrators and the State Board for Certification of Residential Child Care Program Professionals, all health occupations boards are special funded.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

Minimal

B. On other State agencies:

(E+)

Minimal

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. OAH will assign administrative law judges to conduct the review of the referrals.

B. Independent boards and commissions will be responsible for paying the OAH for reviews performed on behalf of that board or commission.

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 Denise Shaffer, Director of Quality Assurance, Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, Maryland 21031, or call 410-229-4174, or email to denise.shaffer@maryland.gov, or fax to 410-229-4100. Comments will be accepted through March 5, 2018. A public hearing has not been scheduled.

.01 Purpose.

This chapter sets out the procedures for the supervision of a health occupation board or commission that is composed, in whole or in part, of individuals participating in the occupation or profession regulated by the board or commission. The supervision outlined in these procedures is intended to prevent unreasonable anticompetitive actions by the boards or commissions and to determine whether the actions of the boards or commissions further a clearly articulated State policy to displace competition in the regulated market.

.02 Scope.

A. Applicability. This chapter applies to any referrals made by a health occupations board or health occupations commission in accordance with Health Occupations Article, §1-203(c), Annotated Code of Maryland.

B. This chapter shall be construed to ensure the fair and expeditious review of each referral.

C. The review conducted pursuant to this chapter is not subject to the contested case hearing provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

.03 Definitions.

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

B. Terms Defined.

(1) “Administrative law judge” means an individual:

(a) Appointed by the Chief Administrative Law Judge under State Government Article, §9-1604, Annotated Code of Maryland; or

(b) Designated by the Chief Administrative Law Judge under State Government Article, §9-1607, Annotated Code of Maryland.

(2) “Board” means a health occupations board established and defined by Health Occupations Article, §1-601, Annotated Code of Maryland.

(3) “Chief Judge” means the Chief Administrative Law Judge of the Office.

(4) “Commission” means a health occupations commission established by Health-General Article, Annotated Code of Maryland.

(5) “Decision” means a document issued by an administrative law judge in accordance with Health Occupations Article, §1-203(c), Annotated Code of Maryland.

(6) “Expedited review” means that a decision will be issued as soon as practical upon receipt of a complete record.

(7) “Filed” means when a document is received at the Office.

(8) “Office” means the Office of Administrative Hearings.

(9) “Record” means all documents or other materials relied upon by a board or commission to reach a decision or initiate an action that is the subject of a referral and any materials produced pursuant to an order to supplement a record.

(10) “Referral” means an action of a board or commission transmitted for review by the Office in accordance with Health Occupations Article, §1-203(c), Annotated Code of Maryland.

.04 Referral of Decision or Action for Review.

A. A board or commission shall refer a decision or action to the Office as required by Health Occupations Article, §1-203, Annotated Code of Maryland, and this chapter.

B. Boards and commissions may not refer decisions or actions that consist of the following:

(1) Ministerial acts;

(2) The internal operations of a board or commission;

(3) Investigations;

(4) Disciplinary charges that have not led to proposed disciplinary action; and

(5) As it relates to an individual regulated by a board or commission:

(a) Consent orders; and

(b) Letters of surrender.

C. A board or commission may initiate a referral to the Office by transmitting a form substantially similar to that in Appendix A of this chapter.

D. A board or commission may request expedited review by the Office by including the phrase “EXPEDITED REVIEW REQUESTED” on the transmittal form.

E. A request for expedited review by the Office shall be granted if:

(1) The board or commission establishes that immediate action is necessary to protect public health and safety;

(2) The decision or action involves a cease and desist order; or

(3) The decision or action of the board or commission involves the summary suspension of a license.

F. The board or commission may withdraw the referral to the Office at any time before the decision is issued.

G. Computation of time is governed by COMAR 28.02.01.04C.

Click here for Appendix A pdf

.05 Record.

A. A board or commission shall transmit to the Office the materials necessary for a complete and substantive review of the decision or action that is the subject of the referral.

B. The record shall include a:

(1) Summary of the rationale of the board or commission for the decision or action that is the subject of the referral;

(2) Citation to the relevant statutes or other legal authority supporting the decision or action;

(3) Summary of the facts supporting the decision or action;

(4) Statement of the basis for the referral; and

(5) Description of the clearly articulated State policy to displace competition in the regulated market relied upon by the board or commission in making the decision or taking the action.

C. The record shall include all materials reviewed by the board or commission related to the decision or action that is the subject of the referral and an index.

D. The board or commission shall indicate if any of the materials are confidential or privileged.

E. The Office shall initiate review of the decision or action when the referral and record are filed.

F. Within 30 days of the filing of the referral and record, an administrative law judge shall determine whether the record transmitted is sufficient for review of the decision or action.

G. Supplementing the Record.

(1) Upon determining that the record is insufficient for review of the decision or action, the Administrative Law Judge shall issue an order, requiring the board or commission to supplement the record.

(2) An order to supplement the record shall set forth a timeline for transmittal of additional materials and for filing an objection to the order.

(3) Upon receipt of the order to supplement the record, the board or commission shall:

(a) Submit the additional materials to the Office in accordance with the timeline set forth in the order:

(b) File an objection to the order with the Office in accordance with the timeline set forth in the order; or

(c) Rescind the referral to the Office in writing on a document that includes the statement that the board or commission may not implement the decision or take the action that had been referred to the Office.

.06 Qualifications and Training for Administrative Law Judges.

A. The Office, with the assistance of the Antitrust Division of the Office of the Attorney General and other antitrust experts, shall provide training for all administrative law judges in accordance with Health Occupations Article, §1-203(c), Annotated Code of Maryland.

B. The Office may not assign an administrative law judge to conduct the review required under this chapter until the administrative law judge has completed the training.

C. An administrative law judge assigned to conduct the review required under this chapter shall possess knowledge of the provisions of:

(1) 15 U.S.C. §1, et seq.;

(2) Health Occupations Article, Annotated Code of Maryland;

(3) Health-General Article, Annotated Code of Maryland;

(4) This chapter; and

(5) The legal interpretations of these provisions by federal and State courts.

.07 Management of Conflicts with Contested Case Hearings.

A. The review required under this chapter is independent of the Office’s contested case hearing process.

B. The administrative law judge assigned to conduct the review required under this chapter, may not be:

(1) The administrative law judge who participates in a contested case hearing involving the same facts as the decision or action that is the subject of the referral; or

(2) Appointed by, under the oversight of, or a member of a board or commission whose decision or action is the subject of review.

C. The Office shall assign a separate case number and case code in its case management system to create an information barrier between a referral submitted under this chapter and a contested case hearing involving a decision or action of the board or commission.

D. The Office shall create an information barrier between the administrative law judge who reviews the referral submitted under this chapter and the administrative law judge who conducts a contested case hearing involving a decision or action of the board or commission that includes all records, decisions, discussions, and reviews.

.08 Standards and Guidelines for Review.

A. A board or commission may not issue a final decision or take an action on a matter referred under this chapter until the Office has completed the review required by Health Occupations Article, §1-203, Annotated Code of Maryland.

B. The Office shall conduct a de novo review of the record and issue a written decision on the decision or action that is the subject of the referral within 30 days of the filing of the record or the filing of any required supplemental materials as required by an order of the administrative law judge, whichever is later.

C. The written decision shall contain:

(1) A summary of the materials considered;

(2) A summary of the facts relevant to the decision;

(3) A review of the substance of the decision or action;

(4) An analysis of whether the decision or action is unreasonably anticompetitive;

(5) An analysis of whether the decision or action furthers a clearly articulated State policy; and

(6) An order approving, modifying or disapproving the decision or action.

D. Implementation of the final decision or action of the board or commission shall comply with the written decision of the Office.

THOMAS DEWBERRY
Chief Administrative Law Judge

ROBERT R. NEALL
Secretary of Health

 

Errata

 

COMAR 08.02

At 45:2 Md. R. 68 (January 19, 2018), column 1, line 6 from the top:

For:        [17-265]

Read:          [17-260]

[18-03-27]

 

General Notices

 

Notice of ADA Compliance

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

 

ADVISORY COUNCIL ON CEMETERY OPERATIONS

Subject: Public Meeting

Date and Time: February 22, 2018, 10 a.m. — 1 p.m.

Place: Dept. of Labor, Licensing, and Regulation, 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD

Contact: Deborah Rappazzo (410) 230-6229

[18-03-04]

 

CHESAPEAKE BAY TRUST

Subject: Public Meeting

Date and Time: February 21, 2018, 3 — 6 p.m.

Place: Chesapeake Bay Trust Office, 60 West St., Ste. 405, Annapolis, MD

Contact: Heather Adams (410) 974-2941

[18-03-13]

 

MARYLAND COLLECTION AGENCY LICENSING BOARD

Subject: Public Hearing

Date and Time: February 8, 2018, 10:30 a.m. — 12 p.m.

Place: Alacrity Collections Corporation, 175 Admiral Cochrane Dr., Ste. 202, Annapolis, MD

Add'l. Info: Quarterly Collection Agency Licensing Board Meeting

Contact: Lisa Tinsley (410) 230-6107

[18-03-32]

 

GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION

Subject: Public Meeting

Date and Time: March 12, 2018, 1 — 3 p.m.

Place: 100 Community Pl., 1st Fl. Conf. Rm., Side B, Crownsville, MD

Contact: Jessica Wheeler (410) 697-9342

[18-03-14]

 

GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION

Subject: Public Meeting

Date and Time: March 15, 2018, 1 — 3 p.m.

Place: 100 Community Pl., 1st Fl., Conf. Rm., Side A, Crownsville, MD

Contact: Jessica Wheeler (410) 697-9342

[18-03-15]

DEPARTMENT OF THE ENVIRONMENT/AIR AND RADIATION ADMINISTRATION

Subject: Public Hearing on State Implementation Plan Revision for Motor Vehicle Inspection and Maintenance

Date and Time: February 20, 2018, 10:30 — 11 a.m.

Place: 1800 Washington Blvd., 1st Fl. Conf. Rms., Baltimore, Maryland 21230-1720.

Add'l. Info: The Department of the Environment will hold a public hearing concerning the State's intention to request approval for the Maryland State Implementation Plan (SIP) revision certifying that the existing Vehicle Emissions Inspection Program satisfies the requirements of the 2008 National Ambient Air Quality Standard (NAAQS) for ozone in the Baltimore ozone nonattainment area.

     The public hearing will be held on February 20, 2018 at 10:30 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. Interested persons are invited to attend and express their views. Comments may be sent to Marcia Ways, Mobile Sources Control Program Manager, Air and Radiation Administration, Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230-1720, or emailed to marcia.ways@maryland.gov.  Comments must be received not later than 5:00 p.m. on February 20, 2018, or be submitted at the hearing.

     Copies of the proposed action and supporting documents are available for review at the following locations: The Air and Radiation Administration’s Baltimore office; and the Department of the Environment's website at:

     http://mde.maryland.gov/programs/Air/AirQualityPlanning/Pages/index.aspx

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

Contact:  Carolyn Jones (410) 537- 4210

[18-03-33]

 

DEPARTMENT OF THE ENVIRONMENT/LAND AND MATERIALS ADMINISTRATION

Subject: Public Meeting

Date and Time: February 22, 2018, 1:30 — 3:30 p.m.

Place: Maryland Dept. of the Environment, 1800 Washington Blvd., Baltimore, MD

Add'l. Info: Passed during the 2017 Legislative Session, H.B. 124 (Ch. 376) directs the Maryland Department of the Environment (the “Department”) to adopt regulations to specify when a “recycling facility” may operate without a refuse disposal permit and to exempt certain materials that are managed at a recycling facility from being designated as “solid waste.” The law also provides that the regulations may include design and operational conditions for recycling facilities to protect the environment and allows for a tiered system of permits or approvals that are based on the type and amount of materials to be managed at a facility. In accordance with the statute, the Department must convene and consult with a workgroup of affected stakeholders when developing the regulations. The first meeting of this workgroup, entitled the “Solid Waste and Recycling Facilities Workgroup”, is scheduled for Thursday, February 22, 2018, 1:30 to 3:30 p.m., in the Aeris and Aqua Conference Rooms, in the lobby reception area of the Department, headquartered at 1800 Washington Boulevard, Baltimore MD 21230.

     Meetings of the Workgroup will be subject to the Maryland Open Meetings Act. Future meetings will be scheduled on an approximately monthly basis until the Department has developed the draft regulations. Notification of meetings will be posted on the Department’s website at http://www.mde.state.md.us/Pages/Calendar.aspx. Call-in information and topic details will be listed on the meeting agenda, posted on the Solid Waste Program page at http://www.mde.state.md.us/programs/Land/SolidWaste/Pages/index.aspx.

     Questions and comments can be directed to Edward M. Dexter, P.G., Administrator of the Solid Waste Program, at ed.dexter@maryland.gov.

Contact: Edward Dexter (410) 537-3315

[18-03-16]

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Public Meeting

Date and Time: February 21, 2018, 4 — 6 p.m.

Place: MDH, 201 W. Preston St., Rm. L3, Baltimore, MD

Contact: Christine Boyd (410) 767-8827

[18-03-10]

 

MARYLAND INSURANCE ADMINISTRATION

Subject: Public Hearing

Date and Time: February 12, 2018, 1 — 4 p.m.

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

Add'l. Info: The Maryland Insurance Administration will conduct a public hearing on specific rate increase requests being made by certain Long-Term Care Insurance carriers operating in Maryland. The hearing will focus on several rate increase requests before the Maryland Insurance Administration. In the individual long-term care market, these include requests from LifeSecure Insurance Company, Transamerica Premier Life Insurance Company, Physicians Mutual Insurance Company, John Hancock Life Insurance Company, and Lincoln Benefit Life Company. The purpose of the hearing is for insurance company officials to explain their reasons for the rate increases. Commissioner Redmer will also listen to comments from stakeholders at the hearing. Prior to the hearing, copies of each company’s actuarial memorandum will be posted to the Maryland Insurance Administration’s website. 

     If you plan on attending, please RSVP to Nancy Muehlberger. Written comments and RSVPs should be sent to Nancy Muehlberger by February 5, 2018, either by email to longtermcare.mia@maryland.gov, or by mail to 200 St. Paul Place, Suite 2700, Baltimore, Md. 21202, or by fax to 410-468-2038.

     Any questions regarding this matter should be directed to Nancy Muehlberger, Actuarial Analyst, by February 5, 2018, by email to Nancy.Muehlberger@maryland.gov. For more information on the hearing please see the following link:

     http://insurance.maryland.gov/Consumer/Pages/Long-Term-Care-Hearing-February-12-2018.aspx

Contact: Adam Zimmerman (410) 468-2048

[18-03-09]

 

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: February 22, 2018, 10 a.m. — 12 p.m.

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

Contact: Kathy L. Lingo (410) 230-8790

[18-03-12]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: February 15, 2018, 1 — 4 p.m.

Place: 4160 Patterson Ave., Baltimore, MD

Contact: Valerie Wooding (410) 764-3570

[18-03-17]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: March 15, 2018, 1 — 4 p.m.

Place: 4160 Patterson Ave., Baltimore, MD

Contact: Valerie Wooding (410) 764-3570

[18-03-18]

 

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Subject: Public Meeting

Date and Time: February 16, 2018, 9 a.m. — 12 p.m.

Place: Spring Grove Hospital Center, 55 Wade Ave., Catonsville, MD

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

Contact: Lauren Murray (410) 402-8556

[18-03-11]

 

RACING COMMISSION

Subject: Public Meeting

Date and Time: February 22, 2018, 12:30 — 1 p.m.

Place: Laurel Park, Laurel, MD

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

[18-03-06]

 

MARYLAND DEPARTMENT OF TRANSPORTATION/OFFICE OF MINORITY BUSINESS ENTERPRISE

Subject: Public Meeting

Date and Time: February 7, 2018, 8:30 a.m. — 5 p.m.

Place: Maryland Dept. of Transportation, 7201 Corporate Center Dr., Hanover, MD

Contact: Sabrina Bass (410) 865-1240

[18-03-02]

 

MARYLAND DEPARTMENT OF TRANSPORTATION/OFFICE OF MINORITY BUSINESS ENTERPRISE

Subject: Public Meeting

Date and Time: February 21, 2018, 8:30 a.m. — 5 p.m.

Place: Maryland Dept. of Transportation, 7201 Corporate Center Dr., Hanover, MD

Contact: Sabrina Bass (410) 865-1240

[18-03-03]

 

MARYLAND DEPARTMENT OF TRANSPORTATION/OFFICE OF MINORITY BUSINESS ENTERPRISE

Subject: Public Meeting

Date and Time: March 7, 2018, 8:30 a.m. — 5 p.m.

Place: Maryland Dept. of Transportation, 7201 Corporate Center Dr., Hanover, MD

Contact: Sabrina Bass (410) 865-1240

[18-03-05]

 

BOARD OF WELL DRILLERS

Subject: Public Meeting

Date and Time: February 26, 2018, 9 a.m. — 1 p.m.

Place: MDE, 1800 Washington Blvd., Baltimore, MD

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

Contact: Elaine Nolen (410) 537-4466

[18-03-01]

 

WORKERS' COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: February 22, 2018, 9:30 — 11 a.m.

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

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

Contact: Amy Lackington (410) 864-5302

[18-03-07]