Capitol Building Maryland Register

Issue Date: July 6, 2018

Volume 45 • Issue 14 • Pages 687-712

IN THIS ISSUE

Governor

Judiciary

Regulations

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before June 18, 2018 5 p.m.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 June 18, 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 ......................................................................  690

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  691

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

02        Office of the Attorney General ...........................................  703

05        Department of Housing and Community
               Development ...................................................................  704

09        Department of Labor, Licensing, and Regulation .......  695, 705

10        Maryland Department of Health .........................................  696

12        Department of Public Safety and Correctional Services .....  706

13A     State Board of Education ............................................  697, 707

15        Department of Agriculture .................................................  698

26        Department of the Environment .........................................  698

31        Maryland Insurance Administration ...................................  708

 

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 01.01.2018.15 ..................................  693

EXECUTIVE ORDER 01.01.2018.16 ..................................  693

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS .................................  694

 

Final Action on Regulations

09 DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

COMMISSIONER OF FINANCIAL REGULATION

Foreclosure Procedures for Residential Property .  695

DIVISION OF LABOR AND INDUSTRY

Maryland Occupational Safety and Health Act —
   Incorporation by Reference of Federal Standards .  695

Elevator, Escalator, and Chairlift Safety .  695

Safety Requirements for Personnel Hoists .  695

BOARD OF ARCHITECTS

Code of Ethics .  696

BOARD FOR PROFESSIONAL ENGINEERS

Code of Ethics .  696

UNEMPLOYMENT INSURANCE

Board of Appeals — Appeals Procedure .  696

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Medical Laboratories .  696

Podiatry Services .  696

Establishment, Operation, and Authority for Health
  Maintenance Organizations—Medical Assistance . 697

Establishment, Operation, and Authority for Making
   Capitated Payments for Dual Eligibles Enrolled in
   Medicare Advantage Plans .  697

13A STATE BOARD OF EDUCATION

GENERAL INSTRUCTIONAL PROGRAMS

Test Administration and Data-Reporting Policies and
   Procedures .  697

STUDENTS

Student Behavior Interventions .  697

CERTIFICATION

General Provisions .  697

Specialists .  698

15  DEPARTMENT OF AGRICULTURE

BOARD OF VETERINARY MEDICAL EXAMINERS

Standards of Practice and Code of Ethics for the Practice of
   Veterinary Medicine in the State .  698

Continuing Education Requirements .  698

26  DEPARTMENT OF THE ENVIRONMENT

Maryland Water Quality Trading Program ..  698

 

Proposed Action on Regulations

02  OFFICE OF THE ATTORNEY GENERAL

SEXUAL ASSAULT EVIDENCE KITS

Sexual Assault Victims’ Rights — Disposal of Rape Kit
   Evidence and Notification .  703

05  DEPARTMENT OF HOUSING AND COMMUNITY
   DEVELOPMENT

RENTAL HOUSING PROGRAMS

Rental Housing Program ..  704

Multifamily Bond Program ..  704

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

OFFICE OF THE SECRETARY

Open Meetings Act  705

12  DEPARTMENT OF PUBLIC SAFETY AND
   CORRECTIONAL SERVICES

CORRECTIONAL TRAINING COMMISSION

General Regulations .  706

13A STATE BOARD OF EDUCATION

LOCAL SCHOOL ADMINISTRATION

Local Boards of Education .  707

31  MARYLAND INSURANCE ADMINISTRATION

INSURANCE PRODUCERS AND OTHER INSURANCE
   PROFESSIONALS

Producer Registers and Documentation of
   Appointments .  708

ASSETS, LIABILITIES, RESERVES, AND INVESTMENTS
   OF INSURERS

Annual Financial Reporting .  708

 

Special Documents

MARYLAND HEALTH CARE COMMISSION

SCHEDULE FOR CERTIFICATE OF CONFORMANCE
   REVIEWS — PERCUTANEOUS CORONARY
   INTERVENTION SERVICES
......................................  710

 

General Notices

COMPTROLLER OF THE TREASURY/ADMINISTRATION
   AND FINANCE

Reduction of Bond Authorization Announcement  711

DEPARTMENT OF THE ENVIRONMENT/AIR AND
   RADIATION ADMINISTRATION

Notice of Public Hearing on State Implementation Plan .  711

MARYLAND DEPARTMENT OF HEALTH

Public Meeting .  712

Public Meeting .  712

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  712

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Public Meeting .  712

STATE TREASURER’S OFFICE

Public Meeting .  712

Public Meeting .  712

Public Meeting .  712

BOARD OF WELL DRILLERS

Public Meeting .  712

WORKERS’ COMPENSATION COMMISSION

Public Meeting .  712

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

Public Notice .  712

 

COMAR Online

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

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

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

 

Availability of Monthly List of
Maryland Documents

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

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

 

CLOSING DATES AND ISSUE DATES through JANUARY 2019

 

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

2018

July 20

July 2

July 11

July 9

August 3

July 16

July 25

July 23

August 17

July 30

August 8

August 6

August 31

August 13

August 22

August 20

September 14

August 27

September 5

August 31**

September 28

September 10

September 19

September 17

October 12

September 24

October 3

October 1

October 26

October 5**

October 17

October 15

November 9

October 22

October 31

October 29

November 26***

November 5

November 14

November 9**

December 7

November 19

November 28

November 26

December 21

December 3

December 12

December 10

2019

January 4

December 17

December 26

December 24

January 18

December 31

January 9

January 7

 

*   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 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.

 


01 EXECUTIVE DEPARTMENT

 

01.02.08.03 • 45:12 Md. R. 622 (6-8-18)

 

02 OFFICE OF THE ATTORNEY GENERAL

 

02.08.01.01—.05 • 45:14 Md. R. 703 (7-6-18)

 

04 DEPARTMENT OF GENERAL SERVICES

 

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

 

05.05.01.13 • 45:14 Md. R. 704 (7-6-18)

05.05.02.07 • 45:14 Md. R. 704 (7-6-18)

05.05.03.01—.18 • 45:11 Md. R. 581 (5-25-18)

05.21.01.01—.14 • 45:11 Md. R. 581 (5-25-18)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

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

08.03.03.01 • 45:12 Md. R. 623 (6-8-18)

08.03.03.03—.05,.07,.08 • 45:12 Md. R. 624 (6-8-18)

08.03.03.06 • 45:12 Md. R. 631 (6-8-18)

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

09.01.11.01—.06 • 45:14 Md. R. 705 (7-6-18)

09.09.01.01—.04 • 45:11 Md. R. 585 (5-25-18)

09.10.02.43,.53,.53-1,.60,.61 • 45:10 Md. R. 505 (5-11-18)

09.13.06.12 • 45:9 Md. R. 468 (4-27-18)

09.15.01.01—.03 • 45:11 Md. R. 586 (5-25-18)

09.17.03.01—.03 • 45:11 Md. R. 587 (5-25-18)

09.20.05.01—.03 • 45:11 Md. R. 588 (5-25-18)

09.22.02.01 • 45:13 Md. R. 669 (6-22-18)

09.23.04.03 • 45:13 Md. R. 670 (6-22-18)

 

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

 

          Subtitle 09 (2nd volume)

 

10.09.02.07 • 45:13 Md. R. 670 (6-22-18) (ibr)

10.09.05.07 • 45:13 Md. R. 671 (6-22-18) (ibr)

10.09.17.01—.04,.06 • 45:8 Md. R. 429 (4-13-18)

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

                                       45:10 Md. R. 503 (5-11-18) (err)

10.09.51.01—.07 • 45:13 Md. R. 671 (6-22-18)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.13.03.01—.04 • 45:13 Md. R. 675 (6-22-18)

10.21.04.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.16.01—.16 • 45:7 Md. R. 357 (3-30-18)

10.21.17.01—.17 • 45:7 Md. R. 357 (3-30-18)

10.21.18.01—.13 • 45:7 Md. R. 357 (3-30-18)

10.21.19.01—.11 • 45:7 Md. R. 357 (3-30-18)

10.21.20.01—.11 • 45:7 Md. R. 357 (3-30-18)

10.21.21.01—.13 • 45:7 Md. R. 357 (3-30-18)

10.21.22.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.25.03-2,.05—.13 • 45:7 Md. R. 357 (3-30-18)

10.21.26.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.27.01—.08 • 45:7 Md. R. 357 (3-30-18)

10.21.28.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.29.01—.09 • 45:7 Md. R. 357 (3-30-18)

10.22.16.03 • 45:13 Md. R. 676 (6-22-18)

 

     Subtitles 23 — 36 (4th Volume)

 

10.24.17.01 • 45:11 Md. R. 589 (5-25-18) (ibr)

10.25.18.01—.04,.10—.12 • 45:12 Md. R. 632 (6-8-18)

10.27.21.02,.03,.08 • 45:13 Md. R. 677 (6-22-18)

10.27.26.02,.07 • 45:13 Md. R. 677 (6-22-18)

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

 

     Subtitles 37—66 (5th Volume)

 

10.37.01.02 • 45:11 Md. R. 590 (5-25-18) (ibr)

10.38.12.03 • 45:12 Md. R. 634 (6-8-18)

10.47.02.01—.11 • 45:7 Md. R. 357 (3-30-18)

10.47.03.01—.07 • 45:7 Md. R. 357 (3-30-18)

10.47.04.01—.08 • 45:7 Md. R. 357 (3-30-18)

10.47.05.01—.05 • 45:7 Md. R. 357 (3-30-18)

10.47.07.02,.03,.05,.06,.08,.09 • 45:7 Md. R. 364 (3-30-18)

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

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.04.05.01,.02,.06 • 45:10 Md. R. 510 (5-11-18)

                                 45:12 Md. R. 644 (6-8-18) (err)

11.06.03.01,.02 • 45:9 Md. R. 469 (4-27-18)

 

     Subtitles 11—23 (MVA)

 

11.15.01.01 • 45:9 Md. R. 469 (4-27-18)

11.15.07.01—.03 • 45:9 Md. R. 470 (4-27-18)

11.15.15.01—.03 • 45:9 Md. R. 470 (4-27-18)

11.15.19.01—.03,.06,.08 • 45:9 Md. R. 470 (4-27-18)

11.15.20.02—.05 • 45:9 Md. R. 471 (4-27-18)

11.15.23.01,.02,.04 • 45:9 Md. R. 472 (4-27-18)

11.15.27.01,.02,.04,.07,.08 • 45:9 Md. R. 472 (4-27-18)

11.15.28.03,.04 • 45:9 Md. R. 473 (4-27-18)

11.15.30.01 • 45:9 Md. R. 473 (4-27-18)

11.16.04.04,.07 • 45:9 Md. R. 474 (4-27-18)

11.17.06.02,.03,.07,.08 • 45:9 Md. R. 475 (4-27-18)

11.17.09.04,.05 • 45:11 Md. R. 590 (5-25-18)

11.17.14.02—.04,.06,.08,.11,.12 • 45:9 Md. R. 475 (4-27-18)

11.17.16.01,.02,.02-1,.03,.04 • 45:9 Md. R. 476 (4-27-18)

11.17.17.01—.04 • 45:9 Md. R. 477 (4-27-18)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.10.10.19 • 45:14 Md. R. 706 (7-6-18)

 

13A STATE BOARD OF EDUCATION

 

13A.02.01.04 • 45:14 Md. R. 707 (7-6-18)

13A.05.04.08 • 45:11 Md. R. 591 (5-25-18)

13A.06.03.06 • 45:12 Md. R. 635 (6-8-18)

13A.06.07.01,.06—.08,.10 • 45:7 Md. R. 369 (3-30-18)

13A.07.11.01—.05 • 45:11 Md. R. 593 (5-25-18)

13A.08.01.06 • 45:13 Md. R. 678 (6-22-18)

13A.08.01.11 • 45:10 Md. R. 511 (5-11-18)

13A.12.01.05 • 45:9 Md. R. 478 (4-27-18)

13A.12.01.08-1 • 45:9 Md. R. 478 (4-27-18)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.01.01.02,.19 • 45:12 Md. R. 635 (6-8-18)

13B.05.01.06,.07,.11,.12 • 45:12 Md. R. 638 (6-8-18)

13B.08.18.01—.14 • 45:7 Md. R. 373 (3-30-18)

13B.08.19.01—.06 • 45:10 Md. R. 512 (5-11-18)

 

14 INDEPENDENT AGENCIES

 

14.26.07.01—.09 • 45:12 Md. R. 640 (6-8-18)

 

15 DEPARTMENT OF AGRICULTURE

 

15.15.13.03,.05 • 45:7 Md. R. 380 (3-30-18)

 

17 DEPARTMENT OF BUDGET AND MANAGEMENT

 

17.04.03.10 • 45:12 Md. R. 641 (6-8-18)

 

21 STATE PROCUREMENT REGULATIONS

 

21.10.02.02 • 45:10 Md. R. 514 (5-11-18)

21.10.03.01—.03 • 45:10 Md. R. 514 (5-11-18)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

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

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.02.01 • 45:11 Md. R. 594 (5-25-18) (ibr)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.06.02 • 45:10 Md. R. 514 (5-11-18)

31.03.13.02 • 45:14 Md. R. 708 (7-6-18)

31.03.18.02—.16 • 45:10 Md. R. 515 (5-11-18)

31.05.11.02,.08,.13—.18 • 45:14 Md. R. 708 (7-6-18)

31.08.15.04,.05 • 45:10 Md. R. 518 (5-11-18)

31.09.16.01—.12 • 45:7 Md. R. 389 (3-30-18)

31.10.18.05,.11 • 45:10 Md. R. 519 (5-11-18)

31.10.20.01,.03 • 45:10 Md. R. 520 (5-11-18)

31.10.21.01,.02 • 45:10 Md. R. 520 (5-11-18)

31.14.02.03,.08,.09 • 45:11 Md. R. 595 (5-25-18)

31.15.09.01,.02 • 45:13 Md. R. 679 (6-22-18)

 

35 DEPARTMENT OF VETERANS AFFAIRS

 

35.06.01.07 • 45:11 Md. R. 601 (5-25-18)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.08.03 • 45:12 Md. R. 642 (6-8-18)

36.07.01.01,.03 • 45:12 Md. R. 642 (6-8-18)

 


The Governor

EXECUTIVE ORDER 01.01.2018.15

Rescission of Executive Order 01.01.2018.14

 

WHEREAS, Executive Order 01.01.2018.14 was issued to address the threat to the public health and safety caused by a significant storm affecting all jurisdictions in the State of Maryland; and

 

WHEREAS, The emergency conditions caused by the significant storm no longer exist.

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSITUTION AND LAWS OF MARYLAND, DO HEREBY PROCLAIM THAT THE EMERGENCY THAT EXISTED IN ALL JURISDICTIONS IN THE STATE OF MARYLAND IS TERMINATED AND HEREBY RESCIND EXECUTIVE ORDER 01.01.2018.14.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, effective this 14th Day of June, 2018.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[18-14-14]

 

EXECUTIVE ORDER 01.01.2018.16

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 FROM JUNE 25, 2018, AND SHALL EXPIRE ON JULY 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 22nd Day of June, 2018.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[18-14-15]

 

 


The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court of Appeals dated May 18, 2018, BO LEE, 10015 Old Columbia Road, B-215, Columbia, Maryland 21046, 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 May 21, 2018, SUZANNE NICOLE HULTHAGE, 6084 Cedar Wood Drive, Columbia, Maryland 21044, has been indefinitely suspended by consent, 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 Opinion & Order of the Court of Appeals dated May 21, 2018, JONATHAN DANIEL SPERLING, 6411 Ivymount Road, Baltimore, Maryland 21209, has been indefinitely suspended 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 Opinion & Order of the Court of Appeals dated May 21, 2018, SAMUEL SPERLING, 8 Church Lane, Baltimore, Maryland 21208, has been suspended for ninety (90) days, 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 May 22, 2018, PHILIP M. KLEINSMITH, 3005 Leslie Drive, Colorado Springs, CO 80909, has been disbarred, 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 May 17, 2018, RICHARD WELLS MOORE, 52 Scott Adam Road, Suite D, Cockeysville, Maryland 21030, has been disbarred, by consent, effective May 31, 2018, 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 May 14, 2018, JOSEPH ROBERT LAUMANN, 1160 Spa Road, #3C, Annapolis, Maryland 21403, has been indefinitely suspended by consent, effective June 1, 2018, 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 a Per Curiam Order of the Court of Appeals dated June 1, 2018, ROGER NORMAN POWELL, 1190 W. Northern Parkway, #122, Baltimore, Maryland 21210, has been disbarred, 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 June 12, 2018, MAXWELL CLIFFORD COHEN, 608 Echo Cove Drive, Suite 1-B, Crownsville, Maryland 21032, has been indefinitely suspended 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 May 15, 2018, RACHEL A. SMITH, 1600 Linden Lane, Suite 1, Relay, Maryland 21227, has been indefinitely suspended by consent, effective June 14, 2018, 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 June 19, 2018, MIKE MEIER, 5625 76th Street, Cabin John, Maryland 20818, has been replaced upon the register of attorneys in this Court as of June 19, 2018. Notice of this action is certified in accordance with Maryland Rule 19-761.

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Opinion and Order of the Court of Appeals dated May 21, 2018, WILLIAM MICHAEL JACOBS, 8630-M Guilford Road, Suite 282, Columbia, Maryland 21046, has been disbarred, effective June 20, 2018, 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 June 20, 2018, BENJAMIN COYLE SUTLEY, 10 Marmaduke Court, Baldwin, Maryland 21013, has been replaced upon the register of attorneys in this Court as of June 20, 2018. Notice of this action is certified in accordance with Maryland Rule 19-761.

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Opinion and Order of the Court of Appeals dated June 22, 2018, DANA PAUL, 420 Hamlet Club Drive, #305, Edgewater, Maryland 21037, has been suspended for thirty (30) days, 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).

[18-14-13]

 

 


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 03 COMMISSIONER OF FINANCIAL REGULATION

09.03.12 Foreclosure Procedures for Residential Property

Authority: Real Property Article, §§7-105.1 and 7-105.14, Annotated Code of Maryland

Notice of Final Action

[17-197-F-1]

On October 3, 2017, the Commissioner of Financial Regulation adopted amendments to Regulations .01 and .08 under COMAR 09.03.12 Foreclosure Procedures for Residential Property. This action, which was proposed for adoption in 44:17 Md. R. 840 (August 18, 2017) and supplemented by the corrective action published in 44:18 Md. R. 868 (September 1, 2017), has been adopted as supplemented.

Effective Date: July 16, 2018.

ANTONIO P. SALAZAR
Commissioner of Financial Regulation

 

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.31 Maryland Occupational Safety and Health Act — Incorporation by Reference of Federal Standards

Authority: Labor and Employment Article, §§2-106(b)(4) and 5-312(b), Annotated Code of Maryland

Notice of Final Action

[18-091-F]

On June 19, 2018, the Commissioner of Labor and Industry adopted through incorporation by reference under COMAR 09.12.31 Maryland Occupational Safety and Health Act — Incorporation by Reference of Federal Standards, amendments to 29 CFR Parts 1910, 1915, and 1926, published in 81 FR 16286—16890 (March 25, 2016). This action, which was proposed for adoption in 45:9 Md. R. 467—468 (April 27, 2018), has been adopted as proposed.

Effective Date: July 16, 2018.

MATTHEW S. HELMINIAK
Commissioner Labor and Industry

 

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.81 Elevator, Escalator, and Chairlift Safety

Authority: Public Safety Article, §§12-805, 12-806, 12-809, and 12-912, Annotated Code of Maryland

Notice of Final Action

[18-119-F-I]

On June 26, 2018, the Commissioner of Labor and Industry adopted amendments, through incorporation by reference, to Regulation .01 under COMAR 09.12.81 Elevator, Escalator, and Chairlift Safety. This action, which was proposed for adoption in 45:10 Md. R. 508—509 (May 11, 2018), has been adopted as proposed.

Effective Date: July 16, 2018.

MATTHEW S. HELMINIAK
Commissioner Labor and Industry

 

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.83 Safety Requirements for Personnel Hoists

Authority: Public Safety Article, §12-805, Annotated Code of Maryland

Notice of Final Action

[18-118-F-I]

On June 26, 2018, the Commissioner of Labor and Industry adopted amendments, through incorporation by reference, to Regulation .01 under COMAR 09.12.83 Safety Requirements for Personnel Hoists. This action, which was proposed for adoption in 45:10 Md. R. 509 (May 11, 2018), has been adopted as proposed.

Effective Date: July 16, 2018.

MATTHEW S. HELMINIAK
Commissioner Labor and Industry

 

Subtitle 21 BOARD OF ARCHITECTS

09.21.02 Code of Ethics

Authority: Business Occupations and Professions Article, §3-208(a)(1), Annotated Code of Maryland

Notice of Final Action

[18-089-F]

On May 30, 2018, the Board of Architects adopted amendments to Regulation .03 under COMAR 09.21.02 Code of Ethics. This action, which was proposed for adoption in 45:8 Md. R. 424 (April 13, 2018), has been adopted with the nonsubstantive changes shown below.

Effective Date: July 16, 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 .03E(2)(c) is being amended to delete the terms “independently” and “by a third party” to correct an unintentional drafting error.

.03 Sealing Requirements.

A. — D. (proposed text unchanged)

E. Signature.

(1) (proposed text unchanged)

(2) A digital signature described in this section shall satisfy the following criteria:

(a) — [[(c)]] (b) (text unchanged)

(c) It must be [[independently]] verifiable [[by a third party]];

(d) (proposed text unchanged)

F. — G. (proposed text unchanged)

PAUL EDMEADES
Chairman
State Board of Architects 

 

Subtitle 23 BOARD FOR PROFESSIONAL ENGINEERS

09.23.03 Code of Ethics

Authority: Business Occupations and Professions Article, §§14-205, 14-208, and 14-4A-02, Annotated Code of Maryland

Notice of Final Action

[18-092-F]

On June 14, 2018, the State Board for Professional Engineers adopted amendments to Regulation .09 under COMAR 09.23.03 Code of Ethics. This action, which was proposed for adoption in 45:9 Md. R. 468—469 (April 27, 2018), has been adopted as proposed.

Effective Date: July 16, 2018.

STEVEN A. ARNDT, Ph.D.
Chair

 

Subtitle 32 UNEMPLOYMENT INSURANCE

09.32.06 Board of Appeals — Appeals Procedure

Authority: Labor and Employment Article, §§8-101, 8-5A-02, 8-5A-05,
8-5A-10, 8-504, 8-604 and 8-605, Annotated Code of Maryland

Notice of Final Action

[18-077-F]

On May 29, 2018, the Board of Appeals adopted the repeal of existing Regulations .01, .08, and .09, amendments to and the recodification of existing Regulations .02, .03, .10, and .11 to be Regulations .01, .02, .08, and .09, respectively, new Regulation .03, and amendments to Regulations .04 and .07 under COMAR 09.32.06 Board of Appeals—Appeals Procedure. This action, which was proposed for adoption in 45:8 Md. R. 424—426 (April 13, 2018), has been adopted as proposed.

Effective Date: July 16, 2018.

DONNA WATTS-LAMONT
Chairperson
Board of Appeals

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.09 Medical Laboratories

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

Notice of Final Action

[18-079-F]

On June 21, 2018, the Secretary of Health adopted amendments to Regulation .03 under COMAR 10.09.09 Medical Laboratories. This action, which was proposed for adoption in 45:8 Md. R. 427 (April 13, 2018), has been adopted as proposed.

Effective Date: July 16, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.15 Podiatry Services

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

Notice of Final Action

[18-080-F]

On June 21, 2018, the Secretary of Health adopted amendments to Regulations .01, .04—.09, and .11 under COMAR 10.09.15 Podiatry Services. This action, which was proposed for adoption in 45:8 Md. R. 427—428 (April 13, 2018), has been adopted as proposed.

Effective Date: July 16, 2018.

ROBERT R. NEALL
Secretary of Health

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.16 Establishment, Operation, and Authority for Health Maintenance Organizations—Medical Assistance

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

Notice of Final Action

[18-081-F]

On June 21, 2018, the Secretary of Health adopted the repeal in their entirety of existing Regulations .01—.13 under COMAR 10.09.16 Establishment, Operation, and Authority for Health Maintenance Organizations—Medical Assistance. This action, which was proposed for adoption in 45:8 Md. R. 429 (April 13, 2018), has been adopted as proposed.

Effective Date: July 16, 2018.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.78 Establishment, Operation, and Authority for Making Capitated Payments for Dual Eligibles Enrolled in Medicare Advantage Plans

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

Notice of Final Action

[18-078-F]

On June 21, 2018, the Secretary of Health adopted the repeal of existing Regulations .07 and .08 under COMAR 10.09.78 Establishment, Operation, and Authority for Dual Eligibles Enrolled in Medicare Advantage Plans. This action, which was proposed for adoption in 45:3 Md. R. 430—431 (April 13, 2018), has been adopted as proposed.

Effective Date: July 16, 2018.

ROBERT R. NEALL
Secretary of Health

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 03 GENERAL INSTRUCTIONAL PROGRAMS

13A.03.04 Test Administration and Data-Reporting Policies and Procedures

Authority: Education Article, §§2-205 and 7-203, Annotated Code of Maryland

Notice of Final Action

[18-087-F]

On June 20, 2018, the Maryland State Board of Education adopted amendments to Regulations .02—.04 under COMAR 13A.03.04 Test Administration and Data-Reporting Policies and Procedures. This action, which was proposed for adoption in 45:8 Md. R. 431—432 (April 13, 2018), has been adopted as proposed.

Effective Date: July 16, 2018.

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

 

Subtitle 08 STUDENTS

13A.08.04 Student Behavior Interventions

Authority: Education Article, §§2-205, 7-301, 7-303—7-305, 7-307, 7-308, and 7-1101—7-1104, Annotated Code of Maryland

Notice of Final Action

[18-049-F]

On June 20, 2018, the Maryland State Board of Education adopted amendments to Regulations .02, .05, and .06 under COMAR 13A.08.04 Student Behavior Interventions. This action, which was proposed for adoption in 45:7 Md. R. 371—373 (March 30, 2018), has been adopted as proposed.

Effective Date: July 16, 2018.

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

 

Subtitle 12 CERTIFICATION

13A.12.01 General Provisions

Authority: Education Article, §§2-205, 2-303(g), and 6-701—6-705; Family Law Article, §10-119.3; Annotated Code of Maryland

Notice of Final Action

[18-112-F]

On June 20, 2018, the Maryland State Board of Education adopted amendments to Regulation .04 under COMAR 13A.12.01 General Provisions. This action, which was proposed for adoption in 45:9 Md. R. 477—478 (April 27, 2018), has been adopted as proposed.

Effective Date: July 16, 2018.

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

 

Subtitle 12 CERTIFICATION

13A.12.03 Specialists

Authority: Education Article, §§2-205, 2-303(g), 6-103, and 6-701—6-706, Annotated Code of Maryland

Notice of Final Action

[18-111-F]

On June 20, 2018, the Maryland State Board of Education adopted amendments to Regulation .04 under COMAR 13A.12.03 Specialists. This action, which was proposed for adoption in 45:9 Md. R. 479 (April 27, 2018), has been adopted as proposed.

Effective Date: July 16, 2018.

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

 

Title 15
DEPARTMENT OF AGRICULTURE

Subtitle 14 BOARD OF VETERINARY MEDICAL EXAMINERS

15.14.01 Standards of Practice and Code of Ethics for the Practice of Veterinary Medicine in the State

Authority: Agriculture Article, §§2-103, 2-304, and 2-310, Annotated Code of Maryland

Notice of Final Action

[18-114-F]

On June 19, 2018, the Secretary of Agriculture adopted amendments to Regulations .12-1 under COMAR 15.14.01 Standards of Practice and Code of Ethics for the Practice of Veterinary Medicine in the State. This action, which was proposed for adoption in 45:9 Md. R. 479—480 (April 27, 2018), has been adopted with the nonsubstantive changes shown below.

Effective Date: July 16, 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:

COMAR 15.14.01.12G: The amendment corrects a grammatical error.

.12-1 Prescriptions.

A. — F. (proposed text unchanged)

G. A veterinarian shall have examined a patient at least once during the preceding [[12 months]] 12-month period before renewing any prescription medication for a chronic condition. If an examination has not occurred, a prescription may not be renewed.

JOSEPH BARTENFELDER
Secretary of Agriculture

 

Subtitle 14 BOARD OF VETERINARY MEDICAL EXAMINERS

15.14.10 Continuing Education Requirements

Authority: Agriculture Article, §§2-304(a)(1) and 2-306, Annotated Code of Maryland

Notice of Final Action

[18-115-F]

On June 19, 2018, the Secretary of Agriculture adopted amendments to Regulation .04 under COMAR 15.14.10 Continuing Education Requirements. This action, which was proposed for adoption in 45:9 Md. R. 480 (April 27, 2018), has been adopted as proposed.

Effective Date: July 16, 2018.

JOSEPH BARTENFELDER
Secretary of Agriculture

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 08 WATER POLLUTION

26.08.11 Maryland Water Quality Trading Program

Authority: Agriculture Article, §§8-901 and 8-904; Environment Article,
§§9-313, 9-315, 9-319, and 9-325; Annotated Code of Maryland

Notice of Final Action

[17-284-F]

On June 26, 2018, the Secretary of the Department of the Environment adopted new Regulations .01 —.14 under a new chapter, COMAR 26.08.11 Maryland Water Quality Trading Program. This action, which was proposed for adoption in 44:25 Md. R. 1189—1195 (December 8, 2017), has been adopted with the nonsubstantive changes shown below.

Effective Date: July 16, 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:

(1) Regulation .03B(7): The amended language clarifies the intended meaning of the definition by acknowledging that baseline is a threshold that must be achieved in order to generate credits and enter the marketplace.

(2) Regulation .03B(9): The amended language clarifies that “in-water” best management practices that remove pollutants from waters of the State and were approved by the Chesapeake Bay Program (CBP), such as oyster aquaculture, are eligible to participate in Maryland’s Water Quality Trading Program. Additionally, the Department struck language that limited structural and nonstructural pollution controls to agriculture and urban practices in order to clarify that all structural and nonstructural pollution controls that have been approved by the CBP are eligible to participate in the Trading Program.

(3) Regulation .03B(13): The amended language corrects a typographical error consistent with the Style Manual for Maryland Regulations published by the Division of State Documents.

(4) Regulation .03B(15): The amended language clarifies that a credit is only generated when a load reduction is below baseline and that a load reduction used to attain a baseline requirement is not a credit.

(5) Regulation .03B(19): The amended language makes the definition of “Enhanced nutrient removal” consistent with the definition in §9-1601(n) of the Environment Article, Annotated Code of Maryland.

(6) Regulation .03B(23): The amendment strikes the definition of “Industrial waste” because it does not appear in the regulations. The amendment consequently requires definitions (24) — (38) to be renumbered as (23) — (37).

(7) Regulation .03B(33): The amended language simply provides clarification as to the intent of the paragraph and does not alter the intended meaning of the proposed regulation.

(8) Regulation .03B(36): The amended language clarifies that the “Performance-based benchmark” applies to enhanced nutrient removal sewage treatment facilities and does not apply to non-sewage discharges such as industrial operations. Additionally, under the revised definition, paragraph .03B(35)(b) has been added to clarify that other wastewater point sources will be assigned a performance concentration on a case by case basis, which will allow industrial facilities the opportunity to supply credits to stormwater point sources. This paragraph also captures sewage treatment facilities with design capacities less than 0.5 million gallons per day that, for example, employ advanced nutrient removal on a voluntary basis consistent with goals of the Watershed Implementation Plan for Maryland’s Chesapeake Bay Total Maximum Daily Load (TMDL).

(9) Regulation .03B(39): The amendment strikes the definition of “Pollutant reduction” because it does not appear in the regulations. The amendment consequently requires definitions (40) — (54) to be renumbered as (38) — (52).

(10) Regulation .03B(42): The amended language corrects a typographical error by adding the word “Maryland” to the name of the Water Quality Trading Program.

(11) Regulation .03B(45)(c) — .03(45)(e): The amended language updates the definition of “Sector” by replacing the word “waste” with the word “wastewater,” which is consistent with the definition of “Wastewater point source” in Regulation .03B(55) and by striking the word “Forests,” which makes the definition consistent with the stated purpose of the regulations as expressed in Regulation .01.

(12) Regulation .03B(49): The amended language corrects a typographical error by replacing the word “a” with the word “an” within the definition.

(13) Regulation .03B(53): The amendment adds a definition of “Wastewater” to provide additional clarity for a term that appears numerous times in the regulations. The amendment consequently requires definitions (55) — (56) to be renumbered as (54) — (55).

(14) Regulation .03B(55): The amended language clarifies the types of facilities that are considered wastewater point sources and that a stormwater point source is not considered a wastewater point source.

(15) Regulation .04C(2)(b): The amended language clarifies the intent of the definition by substituting the word “implement” for the word “install” because it is well-suited to the broad spectrum of best management practices that can be used to generate credits, while not altering the intended meaning.

(16) Regulation .04C(3): The amended language clarifies that the generation and registration of credits is by individual facility or best management practice. As a result, a person may submit a credit Certification and Registration Form for each facility or practice and it will be evaluated independently when a person has multiple National Pollutant Discharge Elimination System (NPDES) permits, State discharge permits, or best management practices.

(17) Regulation .05A: The amendment aggregates several clarifications related to the establishment of baselines under the tagline “General Policies.”

(18) Regulation .05A(1): The amended language addresses the dilemma created by language in the proposed regulation requiring all baselines to be consistent with both the 2010 Chesapeake Bay TMDL and any local TMDL. Since it is impossible for a credit generator to comply with this requirement whenever the Bay TMDL and the local TMDL for a specific location are not the same value, it was necessary for the Department to revise the regulation.

(19) Regulation .05A(2)(a): The amended language clarifies when the Department would apply an amendment to the Chesapeake Bay TMDL. According to the amended language, the baseline established in a permit remains in effect until a new permit or a permit modification is issued by the Department, regardless of the TMDL amendment. This strategy maintains a level playing field as the permittee works to comply with the conditions of the permit.

(20) Regulation .05A(2)(b): The amended language clarifies how an amendment to the Chesapeake Bay TMDL will affect certified credits. Every credit placed on the Registry by the Department goes through a rigorous certification and verification process that culminates in the registration of a valid credit that is tradable on the market. Additionally, in accordance with subsection .08D(3), the Department establishes the lifespan of each registered credit as part of the certification process. Paragraph A(2)(b) affirms that, regardless of the adoption of an amendment to the Chesapeake Bay TMDL, the value of a registered credit is stable and remains available for sale until the certification period established by the Department ends for that credit. Following the expiration of the certification, a new certification will be based upon the credit certification and registration process accepted at that time, which may result in a different valuation.

(21) Regulation .05E — .05F: The amended language corrects typographical errors by replacing the word “by” with the words “pursuant to” within each regulation.

(22) Regulation .06A(2): The amended language corrects an omission in the proposed regulation. According to section .04A, the three pollutants eligible for trading under the Maryland Water Quality Trading Program are nitrogen, phosphorus, and sediment. The amended language adds sediment to the annual effluent nutrient load calculations.

(23) Regulation .06C: The amended language clarifies that credits calculated using the Maryland Nutrient Tracking Tool are “generated” on agricultural land.

(24) Regulation .07A(1): The amended language corrects a typographical error consistent with the Style Manual for Maryland Regulations published by the Division of State Documents.

(25) Regulation .07A(2): The amended language clarifies the types of wastewater permits issued by the Department that can certify credits, including permit modifications.

(26) Regulation .07B(1): The amended language corrects a grammatical error by replacing the word “was” with the words “is being” in the proposed regulation.

(27) Regulation .07B(3)(a): The amended language corrects a grammatical error by replacing the word “the” with the word “any” in the proposed regulation.

(28) Regulation .07B(3)(c): The amended language simply provides clarification as to the intent of the paragraph and does not alter the intended meaning of the proposed regulation.

(29) Regulation .08C(1)(c): The amended language corrects a grammatical error by replacing the word “the” with the word “a” in the proposed regulation.

(30) Regulation .08C(2)(a): The amendment strikes the paragraph in order to correct an inconsistency with Regulation .08C(2)(b), which requires an Edge of Tide numeric adjustment factor be applied to all applicable credits to normalize loads based on delivery to the mainstem of the Chesapeake Bay. The amendment consequently requires Regulation .08C(2)(b) to be renumbered as Regulation .08C(2)(a) and Regulation .08C(2)(c) to be renumbered as Regulation .08C(2)(b).

(31) Regulation .08C(2)(b): The amended language clarifies that an Edge of Tide numeric adjustment factor must be applied to all applicable credits to normalize loads based on delivery to the mainstem of the Chesapeake Bay.

(32) Regulation .11B(2): The amended language establishes a list of persons eligible to verify credits generated by sources other than wastewater point sources. The amendment also creates a new subsection (3), which requires certain criteria to be met before a verification may be performed, and requires subparagraphs .11B(2)(c)(i) — .11B(2)(c) (iii) to be renumbered as .11B(3)(a) — .11B(3)(c).

(33) Regulation .12A: The amended language simply provides clarification as to the intent of this section without altering the intended meaning of the proposed regulation. The language recognizes that the Environment Article, Annotated Code of Maryland also provides an opportunity for comment and hearing during the NPDES and State discharge permit application process and that a reference to the federal Clean Water Act and the Environment Article also incorporates the respective enabling regulations.

(34) Regulation .13C(2)(b): The amended language changes the word “or” to the word “and” to clarify that a notice issued by the Department to suspend or revoke a credit certification must be sent to both the credit seller and the credit buyer.

.03 Definitions.

A. (proposed text unchanged)

B. Terms Defined.

(1) — (6) (proposed text unchanged)

(7) “Baseline” means the practices, actions, or levels of nitrogen, phosphorus, or sediment reductions that must be achieved before a credit seller becomes eligible to generate credits, enter the trading market, and trade credits.

(8) (proposed text unchanged)

(9) Best Management Practice (BMP).

(a) “Best management practice (BMP)” means a practice, or combination of practices, that is determined by the Chesapeake Bay Program to be an effective and practicable method of preventing or reducing pollutants generated by point or nonpoint sources so as to minimize the movement of those pollutants into or remove those pollutants from waters of the State, or mitigate flooding.

(b) “Best management practice (BMP)” includes [[agricultural and urban]] structural and nonstructural pollution controls, operations, and maintenance procedures and practices that prevent or reduce pollutants.

(10) — (12) (proposed text unchanged)

(13) “Chesapeake Bay Program (CBP)” means the regional partnership of federal and [[State]] state agencies, local governments, nonprofit organizations, and academic institutions that leads and directs Chesapeake Bay restoration and protection.

(14) (proposed text unchanged)

(15) “Credit” means a unit of [[pollution]] load reduction below baseline of [[one]] 1 pound of nitrogen, phosphorus, or sediment.

(16) (18) (proposed text unchanged)

(19) “Enhanced nutrient removal (ENR)” [[means a wastewater treatment technology that reduces the nitrogen and phosphorus concentrations in wastewater effluent to achieve permit limits equivalent to concentrations of no more than 4 milligrams per liter nitrogen and 0.3 milligrams per liter phosphorus, as calculated on an annually averaged basis]] has the meaning stated in Environment Article, §9-1601, Annotated Code of Maryland.

(20) (22) (proposed text unchanged)

[[(23) “Industrial waste” has the meaning stated in COMAR 26.08.01.01.]]

[[(24)]] (23) [[(32)]] (31) (proposed text unchanged)

[[(33)]] (32) “Nonregulated source” means a point source or nonpoint source that [[is not regulated under]] the Department has determined is not required to obtain an NPDES or State discharge permit and that is not an agricultural operation.

[[(34)]] (33) [[(35)]] (34) (proposed text unchanged)

[[(36)]] (35) “Performance-based benchmark” means a wastewater point source annual effluent load which is calculated at the end of each calendar year using the end of the calendar year annual cumulative flow for the facility, multiplied by the applicable assigned nitrogen or phosphorus performance concentration converted to units of pounds per year, where [[the assigned annual average effluent performance concentration basis is]]:

(a) A sewage treatment facility with a design capacity greater than or equal to 0.5 million gallons per day has an assigned performance concentration:

(i) Equal to or less than 3.0 mg/l for nitrogen or .3 mg/l for phosphorus; and

[[(b)]] (ii) If applicable, equal to or less than the concentration basis of the permit’s required floating cap; and

(b) All other wastewater point sources have an assigned performance concentration established on a case-by-case basis, with the resulting benchmark at least as stringent as the baseline required under Regulation .05 of this chapter.

[[(37)]] (36) [[(38)]] (37) (proposed text unchanged)

[[(39) “Pollutant reduction” means the difference between the baseline load established for each point or nonpoint source and the load discharged to either ground or surface water after installation of the BMP.]]

[[(40)]] (38) [[(41)]] (39) (proposed text unchanged)

[[(42)]] (40) “Registry” means a publicly accessible online database system used by the Department and the Department of Agriculture to administer the Maryland Water Quality Trading Program by tracking credit-generating BMPs, verification activities, credits, trades, and credit usage records.

[[(43)]] (41) [[(44)]] (42) (proposed text unchanged)

[[(45)]] (43) “Sector” means each of the following groups of persons:

(a) — (b) (proposed text unchanged)

(c) Sewage treatment and industrial [[waste]] wastewater dischargers; and

(d) Persons having on-site sewage disposal systems [[; and

(e) Forests]].

[[(46)]] (44)[[(48)]] (46) (proposed text unchanged)

[[(49)]] (47) “Stormwater point source” means a regulated stormwater discharger such as a MS4 permittee, or [[a]] an NPDES industrial stormwater permittee.

[[(50)]] (48)[[(54)]] (52) (proposed text unchanged)

(53) “Wastewater” has the meaning stated in COMAR 26.08.01.01.

[[(55)]] (54) Wastewater Point Source.

(a) “Wastewater point source” means a sewage treatment [[plant or]] discharger, an industrial [[waste]] wastewater discharger, or any other point source that has applied for and received [[a wastewater]] an NPDES or [[other wastewater]] State discharge permit issued pursuant to COMAR 26.08.04.

(b) “Wastewater point source” does not include stormwater point sources.

[[(56)]] (55) (proposed text unchanged)

.04 Maryland Water Quality Trading Program Framework.

A. B. (proposed text unchanged)

C. Program Participation.

(1) (proposed text unchanged)

(2) Other than persons generating credits under the provisions of COMAR 15.20.12, a person generating credits under the Maryland Water Quality Trading Program shall:

(a) (proposed text unchanged)

(b) [[Install]] Implement a BMP approved by the Chesapeake Bay Program that is acceptable to the Department;

(c) (d) (proposed text unchanged)

(3) A person’s ability to generate credits is based on the performance of each individual facility or best management practice and their ability to comply with Regulation .07 of this chapter.

D. — E. (proposed text unchanged)

.05 Baseline Requirements.

A. General Policies.

(1) All baselines shall be consistent with the 2010 Chesapeake Bay TMDL [[and any local TMDL]], as may be amended from time to time, or, if more restrictive, a local TMDL.

(2) In the event of an amendment to the Chesapeake Bay TMDL, the:

(a) Baseline established in a permit remains in effect until a new permit or a permit modification is issued by the Department; and

(b) Credits calculated with a baseline established under the previous Chesapeake Bay TMDL and approved by the Department prior to the effective date of the amendment shall remain available for sale until the certification period ends for that credit.

B. — D. (proposed text unchanged)

E. Except as may be revised [[by]] pursuant to subsequent versions of the Chesapeake Bay Watershed Model, the baseline for a nonregulated source shall be the pollutant load generated under the conditions that existed prior to installation of the BMP, as calculated using assessment tools consistent with the Chesapeake Bay Program modeling tools and accepted by the Department.

F. Except as may be revised [[by]] pursuant to subsequent versions of the Chesapeake Bay Watershed Model, the baseline load per equivalent dwelling unit for an on-site sewage disposal system is:

(1) — (3) (proposed text unchanged)

.06 Calculation of Credits.

A. Wastewater Point Sources. Credits generated by a wastewater point source shall be based on that wastewater point source’s performance as follows:

(1) (proposed text unchanged)

(2) The annual effluent nutrient load shall be calculated using the end of the calendar year annual cumulative flow for the facility, multiplied by the actual effluent nitrogen, [[or]] phosphorus, or sediment concentration converted to units of pounds per year.

B. (proposed text unchanged)

C. Agricultural Nonpoint Sources. Nonpoint source credits generated on agricultural land shall be calculated using the Maryland Nutrient Tracking Tool in accordance with COMAR 15.20.12.

D. (proposed text unchanged)

 

 

.07 Procedure for Certification.

A. Credits are not valid or tradable until placed on the Registry after certification as follows:

(1) Agricultural credits are certified by the Maryland Department of Agriculture in accordance with COMAR 15.20.12 [[.07]];

(2) Wastewater point source credits are certified by the Department through issuance of an NPDES or State discharge permit, or permit modification; and

(3) (proposed text unchanged)

B. A person who applies to the Department for certification of a credit shall complete and sign a Certification and Registration Form provided by the Department, including:

(1) Identification of the location and segmentshed where the BMP [[was]] is being implemented and a map identifying the location and boundaries of the BMP;

(2) (proposed text unchanged)

(3) A description of the BMP, including:

(a) A description of [[the]] any permits required for its installation and evidence establishing that it was installed in accordance with the laws, regulations, and programs of applicable local, state, and federal authorities;

(b) (proposed text unchanged)

(c) A maintenance plan for [[maintaining]] the BMP that will be put into operation during the lifespan of the credit;

(4) — (5) (proposed text unchanged)

C. — I. (proposed text unchanged)

.08 Trading Requirements.

A. — B. (proposed text unchanged)

C. Ratios Applicable to All Trades.

(1) Uncertainty Ratio.

(a) (b) (proposed text unchanged)

(c) An uncertainty ratio of 2:1 shall be applied to trades involving credits generated by nonpoint sources and acquired by wastewater point sources, unless the generator, seller, or buyer of the credit is able to demonstrate to the Department that [[the]] a lower ratio is justified and protective of water quality standards.

(2) Edge of Tide Ratio

(a) [[No EoT numeric adjustment factor shall be applied when a credit is generated in the same segmentshed in which the credit buyer uses it.

(b)]] An EoT numeric adjustment factor shall be applied to all applicable credits to normalize loads based on delivery to the mainstem of the Chesapeake Bay [[when a credit seller and credit buyer are located in different segmentsheds of a Maryland watershed that have different EoT factors]]. The appropriate factor shall be calculated using assessment tools consistent with the Chesapeake Bay Program modeling tools and accepted by the Department.

[[(c)]] (b) EoT adjustment factors for credits from wastewater point sources shall be determined by the Department based on the latest Chesapeake Bay Model used by the Department in issuing permits with trades.

(3) (proposed text unchanged)

D. — F. (proposed text unchanged)

.11 Verification and Reporting Requirements.

A. (proposed text unchanged)

B. Verification Requirements.

(1) (proposed text unchanged)

(2) Verification of credits generated by any other source shall be performed by a:

(a) [[A]] State or county inspector;

(b) [[A professional]] Professional engineer registered in Maryland; or

(c) [[A]] Department-approved verifier [[that:]].

(3) Before performing any verification under §B(2) of this regulation, the inspector, engineer, or verifier shall demonstrate to the Department that the inspector, engineer, or verifier:

[[(i)]] (a) — [[(iii)]] (c) (proposed text unchanged)

C. Each report prepared by an inspector, engineer, or verifier in accordance with §B(2) of this regulation shall include:

(1)(2) (proposed text unchanged)

D. (proposed text unchanged)

.12 Public Participation.

A. The Department shall provide notice, and an opportunity for comment and a hearing, if requested, for NPDES and State discharge permits that propose to allow trading under this chapter in accordance with the federal Clean Water Act and [[Code of Federal Regulations]] Environment Article, Annotated Code of Maryland, for new permits or modification of existing permits, as applicable.

B. (proposed text unchanged)

.13 Enforcement.

A. — B. (proposed text unchanged)

C. Within 30 days of a determination to suspend or revoke a certification, the Department shall:

(1) Issue a notice of the suspension or revocation of credit certification, including an effective date thereof, to the credit seller [[or]] and the credit buyer; and

(2) (proposed text unchanged)

D. (proposed text unchanged)

BENJAMIN H. GRUMBLES
Secretary of the Environment

 


Proposed Action on Regulations

 


 



Title 02
OFFICE OF THE ATTORNEY GENERAL

Subtitle 08 SEXUAL ASSAULT EVIDENCE KITS

02.08.01 Sexual Assault Victims’ Rights — Disposal of Rape Kit Evidence and Notification

Authority: Criminal Procedure Article, §11-926(e), Annotated Code of Maryland

Notice of Proposed Action

[18-165-P]

The Attorney General proposes to adopt new Regulations .01 — .05 under a new chapter, COMAR 02.08.01 Sexual Assault Victims’ Rights — Disposal of Rape Kit Evidence and Notification, under a new subtitle, Subtitle 08 Sexual Assault Evidence Kits.

Statement of Purpose

The purpose of this action is to promote uniform Statewide implementation of the disposal of rape kit evidence and sexual assault victim notification requirements set forth in Criminal Procedure Article, §11-926, Annotated Code of Maryland.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Zenita Hurley, Chief Counsel Civil Rights, Office of the Attorney General, 200 St. Paul Place, Baltimore, MD 21202, or call 410-576-7939, or email to zhurley@oag.state.md.us, or fax to 410-576-7036. Comments will be accepted through August 6, 2018. A public hearing has not been scheduled.

.01 Purpose.

This chapter is intended to promote uniform statewide implementation of the disposal of rape kit evidence and sexual assault victim notification requirements set forth in Criminal Procedure Article, §11-926, Annotated Code of Maryland.

.02 Definitions.

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

B. Terms Defined.

(1) “Child advocacy center” has the meaning stated in Criminal Procedure Article, §11-296(a), Annotated Code of Maryland.

(2) “Hospital” has the meaning stated in Criminal Procedure Article, §11-296(a), Annotated Code of Maryland.

.03 Information Provided to Victims.

A. A health care provider that performs a sexual assault evidence collection kit exam on a victim of sexual assault shall provide the victim with:

(1) Contact information for the investigating law enforcement agency that the victim may contact about the status and results of the kit analysis; and

(2) Written information describing the laws and policies governing the testing, preservation, and disposal of a sexual assault evidence collection kit.

B. An investigating law enforcement agency that receives a sexual assault evidence collection kit, within 30 days after a request by the victim from whom the evidence was collected, shall provide the victim with:

(1) Information about the status of the kit analysis; and

(2) All available results of the kit analysis except results that would impede or compromise an ongoing investigation.

.04 Transfer and Destruction of Kits.

A. A sexual assault evidence collection kit shall be transferred to a law enforcement agency:

(1) By a hospital or a child advocacy center within 30 days after the exam is performed; or

(2) By a government agency in possession of a kit, unless the agency is otherwise required to retain the kit by law or court rule.

B. Except as provided in §C of this regulation, within 20 years after the evidence is collected, a law enforcement agency may not destroy or dispose of:

(1) A sexual assault evidence collection kit; or

(2) Other crime scene evidence relating to a sexual assault that has been identified by the State’s Attorney as relevant to prosecution.

C. A law enforcement agency is not required to comply with the requirements in §B of this regulation if:

(1) The case for which the evidence was collected resulted in a conviction and the sentence has been completed; or

(2) All suspects identified by testing a sexual assault evidence collection kit are deceased.

D. On written request by the victim from whom the evidence was collected, a law enforcement agency with custody of a sexual assault evidence collection kit or other crime scene evidence relating to a sexual assault shall:

(1) Notify the victim no later than 60 days before the date of the intended destruction or disposal of the evidence; or

(2) Retain the evidence for 12 months longer than the period specified in §B of this regulation or for a time period agreed to by the victim and the law enforcement agency.

.05 Reporting.

A. A law enforcement agency shall submit a copy of its written policies demonstrating compliance with Regulations .03B and .04 of this Chapter to the Office of the Attorney General within 90 days of the date this regulation goes into effect.

B. On or before September 1, 2019, and every 2 years thereafter, a law enforcement agency shall submit the following information to the Office of the Attorney General:

(1) The number of sexual assault evidence collection kits in its possession as of June 30th of that calendar year;

(2) The date each sexual assault evidence collection kit in its possession was received;

(3) The number of sexual assault evidence collection kits tested within the prior 2 years as of June 30th of that calendar year;

(4) The number of sexual assault evidence collection kits destroyed during the prior 2 years as of June 30th of that calendar year; and

(5) The number of written requests received pursuant to Regulation .04D of this Chapter during the prior 2 years as of June 30th of that calendar year.

BRIAN E. FROSH
Attorney General

 

Title 05
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

Subtitle 05 RENTAL HOUSING PROGRAMS

Notice of Proposed Action

[18-170-P]

The Secretary of Housing and Community Development proposes to amend:

(1) Regulation .13 under COMAR 05.05.01 Rental Housing Program; and

(2) Regulation .07 under COMAR 05.05.02 Multifamily Bond Program.

Statement of Purpose

The purpose of this action is to revise regulations relating to affordability restrictions in the event of a loan prepayment for the multifamily bond program and rental housing program to make them consistent with each other.

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 Gregory Hare, Director of Multifamily Housing, Department of Housing and Community Development, 7800 Harkins Road, Lanham, Maryland 20706, or call 301-429-7775, or email to gregory.hare@maryland.gov. Comments will be accepted through August 6, 2018. A public hearing has not been scheduled.

 

05.05.01 Rental Housing Program

Authority: Housing and Community Development Article, §§4-401—4-411, Annotated Code of Maryland

.13 Prepayment.

A. [A sponsor of an income-restricted project may prepay a loan at any time subject to the requirements of:

(1) Section B of this regulation; and

(2) The continuing restrictions under the occupancy covenants, if the prepayment occurs before the expiration of the covenants.

B. A sponsor of an income-restricted project who prepays a program loan before maturity shall agree to:]

For an income-restricted project, if the prepayment operates to terminate the occupancy covenants for households of limited income, with the prior written approval of the Department, a sponsor may prepay a loan subject to any prohibition on prepayment contained in the loan documents and if the sponsor complies with the following requirements:

(1) (text unchanged)

(2) Provide written notice of the prepayment to the Department, the political subdivision in which the project is located, and any interested parties registered with the Department;

(3) Offer a right of first purchase to the Department, the [local] political subdivision in which the project is located, the local public housing authority, if any, and any interested parties registered with the Department;

(4)—(7) (text unchanged)

[C.] B. (text unchanged)

 

05.05.02 Multifamily Bond Program

Authority: Housing and Community Development Article, §2-111 and Title 4, Subtitle 2; State Finance and Procurement Article, §§5-7B-01—5-7B-10; Annotated Code of Maryland; Executive Order 01.01.1998.04

.07 Loan Terms—Restrictions on Ownership.

A.—B. (text unchanged)

C. Prepayment. If the prepayment operates to terminate the occupancy covenants for [families] households of limited income, with the prior written approval of the Administration, [sponsors] a sponsor may prepay [loans] a loan subject to any prohibition on prepayment contained in the loan documents and if the [sponsors comply] sponsor complies with the following requirements:

(1) Provide written notice to each tenant residing in the project, which describes the impact of the prepayment on the tenant, and, if applicable, any assistance to which the tenant is entitled; [and]

(2) Provide written notice [to the Department and the local government in which the project is located, describing the proposed] of the prepayment to the Administration, the political subdivision in which the project is located, and any interested parties registered with the Administration;

(3) Offer a right of first purchase to the [Department] Administration, the [local] political subdivision in which the project is located, the local public housing authority, if any, and any interested parties registered with the [Department] Administration;

(4) (text unchanged)

(5) Make relocation assistance [payments of a minimum of $475] to each tenant [and up to an additional $475 upon submission of documentation of all expenses] in an amount determined by the Administration;

(6) Provide 3-year lease extensions or 3 months rent equivalent payments to 20 percent of the tenants who live in assisted units and qualify as [senior citizens] elderly, [handicapped] disabled, or [families] households with minors; and

(7) Comply with any procedural requirements of the [Department] Administration with respect to the right of first purchase, relocation payments, and lease extensions.

D. (text unchanged)

KENNETH C. HOLT
Secretary of Housing and Community Development

 

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 01 OFFICE OF THE SECRETARY

09.01.11 Open Meetings Act

Authority: Business Regulation Article, §§2-105 and 2-108; General Provisions Article, Title 3; Annotated Code of Maryland

Notice of Proposed Action

[18-163-P]

The Secretary of Labor, Licensing and Regulation proposes to adopt new Regulations .01 — .06 under a new chapter, COMAR 09.01.11 Open Meetings Act.

Statement of Purpose

The purpose of this action is to establish procedures for (a) the attendance by members of general public of open sessions of the units within the Department of Labor, Licensing, and Regulation (DLLR); and (b) the recordings and broadcasting of open sessions of the units within DLLR.

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 Milena Trust, Division Director, Department of Labor, Licensing, and Regulation, 500 N. Calvert Street, Suite 406, Baltimore, MD 21202, or call 410-230-6139, or email to milena.trust@maryland.gov, or fax to 410-333-6503. Comments will be accepted through August 6, 2018. A public hearing has not been scheduled.

.01 General.

This chapter contains procedures regarding:

A. The attendance by members of general public of open sessions of the units in the Department of Labor, Licensing, and Regulation; and

B. The recording and broadcasting of open sessions of the units within the Department of Labor, Licensing, and Regulation.

.02 Definitions.

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

B. Terms Defined.

(1) “Department” means the Department of Labor, Licensing, and Regulation.

(2) “Open meeting” means a public meeting of the unit within the Department required to be open to the public pursuant to the Open Meetings Act, General Provisions Article, Title 3, Annotated Code of Maryland.

(3) “Unit” means an entity defined in Business Regulation Article, §2-108, Annotated Code of Maryland.

.03 Public Attendance.

A. The public is invited to attend and observe any open session of the unit within the Department.

B. Except in instances when the unit expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not actively participate in the session.

.04 Prohibited Conduct or Activity.

A. An individual attending an open session of the unit may not engage in conduct that disrupts the session or interferes with the right or opportunity of members of the public to attend and observe the session.

B. The presiding officer may:

(1) Order an individual who engages in conduct prohibited in §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session;

(2) Request police or other assistance to restore order; or

(3) Recess the session while order is restored.

.05 Recording, Photographing, and Broadcasting of Open Sessions.

A. During a public session, a member of the public, including a representative of the news media, may record discussions of the unit using a recording device, if the device:

(1) Does not create an excessive noise that disturbs members of the unit or any other individuals attending the session;

(2) Does not otherwise interfere with an individual’s observation of or participation in the session; and

(3) Is operated openly so that it is obvious to those in attendance that the session is being recorded.

B. During a public session, a member of the public, including a representative of the news media, may photograph or video record the proceedings of the unit by means of any type of camera or other recording device, if the device:

(1) Is operated without excessively bright artificial light that disturbs members of the unit or other individuals attending the open session;

(2) Does not create an excessive noise that disturbs members of the unit or any individuals attending the session;

(3) Does not otherwise interfere with an individual’s observation of or participation in the session; and

(4) Is operated openly so that it is obvious to those in attendance that the session is being recorded.

C. A representative of the news media may broadcast or televise the proceedings of the open session of the unit if the equipment used:

(1) Is operated without excessively bright artificial light that disturbs members of the unit or other individuals attending the open session;

(2) Does not create an excessive noise that disturbs members of the unit or any individuals attending the session;

(3) Does not otherwise interfere with an individual’s observation of or participation in the session; and

(4) Is operated openly so that it is obvious to those in attendance that the session is being recorded.

D. The presiding officer may announce the recording of the proceedings.

E. The presiding officer may restrict movement of a person who is using a recording device, camera, or broadcasting or television equipment if such restriction is necessary to maintain the orderly conduct of the open session.

F. The presiding officer of the unit may require that an individual who intends to record, photograph, broadcast, televise, or otherwise transmit an open session let the unit know in advance of the beginning of the session.

.06 Recordings Not Part of Record.

A recording of an open session made by a member of the public, or any transcript derived from such a recording, may not be deemed a part of the record or any proceeding of the unit.

KELLY M. SCHULTZ
Secretary of Labor, Licensing and Regulation

 

Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 10 CORRECTIONAL TRAINING COMMISSION

12.10.10 General Regulations

Authority: Correctional Services Article, §8-208, Annotated Code of Maryland

Notice of Proposed Action

[18-166-P]

The Secretary of Public Safety and Correctional Services, in cooperation with the Correctional Training Commission, proposes to amend Regulation .19 under COMAR 12.10.01 General Regulations. This action was considered by the Correctional Training Commission at a public meeting on January 10, 2018.

Statement of Purpose

The purpose of this action is to:

(1) Change the authority for granting waivers from the Correctional Training Commission (CTC) to the Deputy Director of the Maryland Police and Correctional Training Commissions;

(2) Increase the training requirements for a correctional officer or classification counselor who has received a waiver for entrance-level training by requiring that a correctional officer or classification counselor who receives a waiver satisfactorily complete 80 hours of certain training; and

(3) Extend the maximum frequency for which a waiver may be requested from once every year to once every 2 years.

This action will create a more efficient process for determining if a mandated employee qualifies for a waiver under certain circumstances; allow qualified applicants to be hired or certified more quickly; and also create an appeal process for the agency requesting the wavier on behalf of the prospective/mandated employee if Deputy Director denies an initial request for waiver.

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 Jennifer Beskid, Director of Grants and Special Projects, Maryland Police and Correctional Training Commissions, 6852 4th Street, Sykesville, Maryland 21784, or call 410-875-3525, or email to jennifer.beskid@maryland.gov, or fax to 410-875-3584. Comments will be accepted through August 6, 2018. A public hearing has not been scheduled.

.19 Procedures for Requesting a Waiver.

A. Selection Standards.

(1) An agency head or training director may submit a written request for a waiver of mandated employee selection standards to the [Commission] Deputy Director.

(2) (text unchanged)

B. Training Standards.

(1) An agency head or training director may submit a signed written request for a waiver of mandated employee training standards to the [Commission] Deputy Director.

(2) A signed written request for a waiver of Commission-required mandated employee training shall include:

(a) — (c) (text unchanged)

(d) Other information that the [Commission] Deputy Director may request.

C. Mandated Employee Entrance-Level Training Waiver.

(1) The [Commission] Deputy Director may approve a waiver of Commission-required mandated employee entrance-level training if the individual:

(a) (text unchanged)

(b) Completed an entrance-level training determined by the [Commission] Deputy Director to be comparable to the Commission-approved mandated employee entrance-level training under Regulation .09 of this chapter.

(2) An agency head or training director may submit a signed written request for a waiver of Commission-approved mandated employee entrance-level training to the [Commission] Deputy Director.

(3) If the [Commission] Deputy Director grants a waiver of Commission-approved mandated employee entrance-level training, the individual shall meet the following requirements before the Commission grants certification in the mandated position:

(a) (text unchanged)

(b) Certification in cardiopulmonary resuscitation (CPR); [and]

(c) Completion of the entrance-level firearms training and qualification under COMAR 12.10.04, if applicable[.]; and

(d) For mandated employees defined under Regulation .01B under this chapter, satisfactory completion of 80 hours of training in the following:

(i) Administrative procedures;

(ii) Purpose of corrections;

(iii) Supervision of inmates;

(iv) Security, custody, and control of inmates;

(v) Deception and manipulation by inmates; and

(vi) Security threat groups.

D. [A request for a waiver on behalf of an individual may not again be submitted under this regulation within 1 year after the date on which the Commission has denied the request for the waiver on behalf of the individual.] Denial of Waiver Request.

(1) ) An agency head or training director may appeal the Deputy Director’s decision to deny the waiver request by mailing a signed written request for reconsideration of the denial to the Commission.

(2) If the Commission’s final determination is to deny a waiver requested on behalf of an individual under §D(1) of this regulation, the agency head or training director may not submit another request for waiver on behalf of the individual within 2 years of the date the Commission denied the previous request.

STEPHEN T. MOYER
Secretary Public Safety and Correctional Services

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 02 LOCAL SCHOOL ADMINISTRATION

13A.02.01 Local Boards of Education

Authority: Education Article, §§2-205, 4-101, 4-105, 4-106, 5-101, 5-109, and 7-103, Annotated Code of Maryland

Notice of Proposed Action

[18-168-P]

The Maryland State Board of Education proposes to amend Regulation .04 under COMAR 13A.02.01 Local Boards of Education. This action was considered at the April 24, 2018, meeting of the State Board of Education.

Statement of Purpose

The purpose of this action is to enable the Maryland State Department of Education to monitor local school system school closures and make-up days more closely and in a more timely and efficient manner.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Teresa Dantzler, Ombudsman, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, Maryland 21201, or call 410-767-0480 (TTY 410-333-6442), or email to teresa.dantzler1@maryland.gov, or fax to 410-333-2226. Comments will be accepted through August 6, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on August 28, 2018, at 9 a.m., at 200 West Baltimore Street, Baltimore, Maryland 21201.

.04 Length of the School Year.

A.—B. (text unchanged)

C. Whether or not a school system plans to apply for a waiver, after any school system closure, it must provide notice to the Maryland State Department of Education, within 10 days of reopening, of its plan to make up the missed school days, including the dates of the make-up days.

[C.] D. Application for Waiver.

(1) (text unchanged)

(2) In considering this application, the State Board of Education may waive:

(a) (text unchanged)

(b) Additional days beyond those specified in [§C(1)(b)] §D(1)(b) of this regulation that would have to be added to the calendar to complete a 180-day schedule.

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

 

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 03 INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS

31.03.13 Producer Registers and Documentation of Appointments

Authority: Insurance Article, §§2-109(a)(1), 10-103(c), and 10-118(j), Annotated Code of Maryland

Notice of Proposed Action

[18-167-P]

     The Insurance Commissioner proposes to amend Regulation .02 under COMAR 31.03.13 Producer Registers and Documentation of Appointments.

Statement of Purpose

The purpose of this action is to amend COMAR 31.03.13.02 Producer Registers and Documentation of Appointments. The Maryland Insurance Administration no longer uses prefixes on insurance producer licenses and has not used them since approximately 2009 when a new state based systems licensing database was implemented. Therefore, Regulation .02B(1)(b) is being repealed as it currently requires an insurer to add the prefix to the Maryland license number of the insurance producer to their producer register.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Tyler Hoblitzell, Legislative and Regulatory Analyst, Maryland Insurance Administration, 200 St. Paul Place, Suite 2700, Baltimore, MD 21202, or call 410-468-2488, or email to insuranceregreview.mia@maryland.gov, or fax to 410-468-2020. Comments will be accepted through August 6, 2018. A public hearing has not been scheduled.

.02 Producer Register.

A. (text unchanged)

B. Form and Content.

(1) Within 30 days after appointing an insurance producer, an insurer shall add the following information to the insurer’s producer register:

(a) (text unchanged)

[(b) The prefix to the Maryland license number of the insurance producer;]

[(c)] (b)[(h)] (g) (text unchanged)

(2) — (4) (text unchanged)

ALFRED W. REDMER, JR.
Insurance Commissioner

 

Subtitle 05 ASSETS, LIABILITIES, RESERVES, AND INVESTMENTS OF INSURERS

31.05.11 Annual Financial Reporting

Authority: Insurance Article, §§2-109(a)(1), 2-205, 4-116, 14-118, 14-121, 14-413, 15-605, [and] 24-211, and 24-304,[; Labor and Employment Article, §10-125;] Annotated Code of Maryland

Notice of Proposed Action

[18-164-P]

The Insurance Commissioner proposes to amend Regulations .02, .08, and .13, adopt new Regulation .14, recodify existing Regulations .14, .15, and .17 to be Regulations .15, .16, and .18, respectively, and amend and recodify existing Regulation .16 to be Regulation .17 under COMAR 31.05.11 Annual Financial Reporting.

Statement of Purpose

The purpose of this action is to align COMAR 31.05.11 with changes to the National Association of Insurance Commissioner’s (NAIC) Model Regulation #205 Annual Financial Reporting that were adopted in 2014. The amendments are required for the continued NAIC accreditation of the Maryland Insurance Administration and will make COMAR consistent with the current NAIC Model. Additional changes are being made to correct numbering and cross-references rendered incorrect by the amendments.

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 Tyler Hoblitzell, Legislative and Regulatory Analyst, Maryland Insurance Administration, 200 St. Paul Place, Suite 2700, Baltimore, MD 21202, or call 410-468-2488, or email to insuranceregreview.mia@maryland.gov, or fax to 410-468-2020. Comments will be accepted through August 6, 2018. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (2) (text unchanged)

(3) Audit Committee.

(a) “Audit committee” means a committee, or equivalent body, established by the board of directors of an entity for the purpose of overseeing the:

(i) Accounting and financial reporting processes of an insurer or group of insurers; [and]

(ii) Internal audit function of an insurer or group of insurers; and

[(ii)] (iii) [Audits] External audits of financial statements of the insurer or group of insurers.

(b) — (c) (text unchanged)

(4) — (8) (text unchanged)

(9) “Internal audit function” means a person or persons that provide independent, objective, and reasonable assurance designed to add value and improve an organization’s operations and accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management and control and governance processes.

[(9)] (10)[(15)] (16) (text unchanged)

.08 Scope of Audit and Report of Independent Certified Public Accountant.

A. — B. (text unchanged)

C. To the extent required by AU 319, for those insurers required to file a Management’s Report of Internal Control over Financial Reporting pursuant to Regulation [.15] .16 of this chapter, the independent certified public accountant should consider, as that term is defined in Statement on Auditing Standards (SAS) No. 102, Defining Professional Requirements in Statements on Auditing Standards or its replacement, the most recently available report in planning and performing the audit of the statutory financial statements.

D. (text unchanged)

.13 Requirements for Audit Committees.

A. — B. (text unchanged)

C. The audit committee of an insurer or group of insurers shall be responsible for:

(1) Overseeing the insurer’s internal audit function; and

(2) Granting the person or persons performing the function suitable authority and resources to fulfill their responsibilities if required by Regulation .14 of this chapter.

[C.] D. (text unchanged)

[D.] E. A member of the audit committee shall be a member of the board of directors of the insurer or a member of the board of directors of an entity elected pursuant to [§H] §I of this regulation and Regulation .02B(3) of this chapter.

[E.] F.[(J.)] K. (text unchanged)

[K.] L. Audit Committee Reports.

(1) (text unchanged)

(2) If an insurer is a member of an insurance holding company system, the reports required by [§K(1)] §L(1) of this regulation may be provided to the audit committee on an aggregate basis for insurers in the holding company system, provided that any substantial differences among insurers in the system are identified to the audit committee.

[L.] (M.)[N.] (O.) (text unchanged)

.14 Internal Audit Function Requirements.

A. An insurer is exempt from the requirements of this section if:

(1) The insurer has annual direct written and unaffiliated assumed premium, including international direct and assumed premium but excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, less than $500,000,000; and

(2) The insurer is a member of a group of insurers and the group has annual direct written and unaffiliated assumed premium, including international direct and assumed premium but excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program, less than $1,000,000,000.

B. Function.

(1) The insurer or group of insurers shall establish an internal audit function providing independent, objective, and reasonable assurance to the audit committee and insurer management regarding the insurers’:

(a) Governance;

(b) Risk management; and

(c) Internal controls.

(2) The reasonable assurance shall be provided by performing general and specific audits, reviews, and tests and by employing other techniques deemed necessary to:

(a) Protect assets;

(b) Evaluate control effectiveness and efficiency; and

(c) Evaluate compliance with policies and regulations.

C. Independence.

(1) In order to ensure that internal auditors remain objective, the internal audit function shall be organizationally independent.

(2) The internal audit function may not defer ultimate judgement on audit matters to others and shall appoint an individual to head the internal audit function who will have direct and unrestricted access to the board of directors.

(3) Organizational independence does not preclude dual-reporting relationships.

D. Reporting.

(1) The head of the internal audit function shall report to the audit committee on:

(a) The periodic audit plan;

(b) Factors that may adversely impact the internal audit function’s independence or effectiveness;

(c) Material findings from completed audits; and

(d) The appropriateness of corrective actions implemented by management as a result of audit findings.

(2) The reporting shall be done regularly, but on no less than an annual basis. 

E. Additional Requirements. If an insurer is a member of an insurance holding company system or included in a group of insurers, the insurer may satisfy the internal audit function requirements set forth in this regulation at the:

(1) Ultimate controlling parent level;

(2) Intermediate holding company level; or

(3) Individual legal entity level.

[.16] .17 Exemptions and Effective Dates.

A. — K. (text unchanged)

L. Reporting Requirements.

(1) The requirements of Regulation [.15] .16 of this chapter are effective beginning with the reporting period ending December 31, 2010, and each year thereafter.

(2) — (3) (text unchanged)

M. The requirements of Regulation .14 of this chapter are effective as of January 1, 2019. If an insurer or group of insurers that are exempt from Regulation .14 of this chapter no longer qualifies for that exemption, it shall have one year after the year the threshold is exceeded to comply with the requirements of this chapter.

ALFRED W. REDMER, JR.
Insurance Commissioner

 


Special Documents

 


MARYLAND HEALTH CARE COMMISSION

SCHEDULE FOR CERTIFICATE OF CONFORMANCE REVIEWS — PERCUTANEOUS CORONARY INTERVENTION SERVICES

     The Maryland Health Care Commission hereby provides notice of the review schedule for a Certificate of Conformance application for the establishment of a primary percutaneous coronary intervention (PCI) program and for the establishment of an elective PCI program.  This schedule supersedes the schedules previously published in the Maryland Register.  Letters of intent and applications by acute care general hospitals for a Certificate of Conformance to establish a primary or elective PCI program may only be received and reviewed according to this published schedule.  All letters of intent and applications must be received at the offices of the Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, no later than 4:30 p.m. on the scheduled date of submission.  For further information regarding this review schedule or procedures, contact Eileen Fleck, (410) 764-3287. 

 

PRIMARY PERCUTANEOUS CORONARY INTERVENTION SERVICES

Letter of Intent Due Date

Application Submission Date

January 11, 2019

February 15, 2019

 

ELECTIVE PERCUTANEOUS CORONARY INTERVENTION SERVICES

Letter of Intent Due Date

Application Submission Date

January 11, 2019

February 15, 2019

 

     A hospital shall have been providing primary PCI services for at least two years before seeking a Certificate of Conformance to provide elective PCI services, unless the hospital is located in a part of Maryland that does not have sufficient access to primary PCI services. Therefore, this review schedule for a Certificate of Conformance for elective PCI services is applicable only to Holy Cross Hospital of Silver Spring, Howard General Hospital, and MedStar Franklin Square Medical Center.  An application to establish primary PCI and elective PCI services simultaneously based on insufficient access to primary PCI services is not subject to this review schedule and may be filed at any time.

[18-14-12]

 

 


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.


 


COMPTROLLER OF THE TREASURY/ADMINISTRATION AND FINANCE

Subject: Reduction of Bond Authorization Announcement

Add’l. Info: Pursuant to State Finance and Procurement Article, §8-128, Annotated Code of Maryland, which provides that, if within 2 years after the date of an authorization of State debt no part of the project or program for which the enabling act authorized the State debt is under contract and the Board of Public Works has not committed money for any part of the project or program, the authorization terminates unless:

     (1) The enabling act provides otherwise; or

     (2) In an emergency, the Board unanimously grants a temporary exception for a period of 1 year.

     Therefore, with Board of Public Works approval of item, #51-CGL DEPARTMENT OF GENERAL SERVICES Agenda Item, June 20, 2018, we submit for publication the following cancellation of bond authorizations in accordance with the above-referenced articles:

     Mansfield Kaseman Health Center: Ch. 336, Acts of 2008, amended by Ch. 27, Acts of 2016; $92,764.80; authorized the funds for the acquisition, planning, design, construction, renovation, and capital equipping of the Mansfield Kaseman Health Center, located in Rockville.

     Carroll County Agriculture Center: Ch. 483, Acts of 2010, amended by Ch. 639, Acts of 2012; $10,871.10; authorized the funds for the repair, renovation, capital equipping, and utility upgrades of the Carroll County Agriculture Center, located in Westminster.

     Lighthouse Youth and Family Service Center: Ch. 444, Acts of 2012; $2,409.52; authorized the funds for construction, repair, renovation, and reconstruction of the Lighthouse Youth and Family Services Center, located in Catonsville (Baltimore County).

     VisArts: Ch. 444, Acts of 2012; $590.00; authorized the funds for construction, repair, renovation, and reconstruction of the VisArts, located in Rockville (Montgomery County).

     MTR Land Enhancement Project: Ch. 424, Acts of 2013; $613.57; authorized the funds for the acquisition, planning, design, renovation, and capital equipping of the Maryland Therapeutic Riding Facility and related property, located in Anne Arundel County.

     Southern Middle School and Southern High School: Ch. 424, Acts of 2013, amended by Ch. 463, Acts of 2014; $6,686.99; authorized the funds for the acquisition, planning, design, construction, repair, renovation, reconstruction, and capital equipping of the Southern Middle School and Southern High School located in Anne Arundel County.

     Southern Middle School and Southern High School: Ch. 463, Acts of 2014; $50,000.00; authorized the funds for the acquisition, planning, design, construction, repair, renovation, reconstruction, and capital equipping of the Southern Middle School and Southern High School, including installing emergency generators, located in Anne Arundel County.

     South River High School Athletic Facility: Ch. 463, Acts of 2014; $82.11; authorized the funds for the design and construction of athletic facilities improvements at South River High School, located in Anne Arundel County.

     Desert Storm, Operation Enduring Freedom and Operation Iraqi Freedom Memorial: Ch. 27, Acts of 2016; $19,682.50; authorized the funds for the acquisition, planning, design, construction, repair, renovation, reconstruction, and capital equipping of the Desert Storm, Operation Enduring Freedom, and Operation Iraqi Freedom Memorial, located in Baltimore County.

     Boyds Negro School: Ch. 22, Acts of 2017; $972.50; authorized the funds for the acquisition, planning, design, construction, repair, renovation, reconstruction, site improvement, and capital equipping of the Boyds Negro School, including installing emergency generators, located in Montgomery County.

     Re Rentuma

     Fiscal Specialist

     Administration and Finance

Contact: Re Rentuma (410) 260-7909

[18-14-10]

 

DEPARTMENT OF THE ENVIRONMENT/AIR AND RADIATION ADMINISTRATION

Subject: Notice of Public Hearing on State Implementation Plan

Date and Time: July 25, 2018, 10 — 11 a.m.

Place: Maryland Department of the Environment, 1800 Washington Blvd., 1st Fl. Conf. Rm., Baltimore, MD

Add’l. Info: The Maryland Department of the Environment (MDE) gives notice of a public hearing concerning the implementation, maintenance, and enforcement of the 0.075 ppm 8-hour Ozone National Ambient Air Quality Standard State Implementation Plan — §110(a)(2)(D) MD 75 ppb Ozone Transport SIP.

     This SIP revision supplements MDE’s previous submittal, further addressing the CAA §110(a)(2)(D)(i)(I) (i.e., good neighbor) requirements to demonstrate that emissions from sources in Maryland do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to the 2008 ozone NAAQS. MDE’s analysis of recent EPA modeling conducted for the updated transport rule, recent ozone monitoring data, and emission trends demonstrates that Maryland meets and exceeds its good neighbor requirements for the 2008 ozone NAAQS.

     The public hearing will be held as required by federal law (Clean Air Act at 42 U.S.C. 7410(a) and 40 CFR 51.102). After consideration of comments received, the plan will be finalized and submitted to the United States Environmental Protection Agency (EPA) for approval.

     The proposed plan document has been made available on the Maryland Department of the Environment’s website at http://mde.maryland.gov/programs/Air/AirQualityPlanning/Pages/index.aspx.

     Note: the public library systems in the region can be used for Internet access to view the document.

     Copies of the document can be viewed at the offices of the Maryland Department of the Environment, Air and Radiation Administration, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland.  For more information, contact Alexandra Brun at (410) 537-3252.

     Comments may be sent to Alexandra Brun, Maryland Department of the Environment, Air and Radiation Administration, 1800 Washington Boulevard, Suite 730, Baltimore, MD 21230, or emailed to alexandra.brun@maryland.gov. Comments must be received by 5 p.m. on July 25, 2018, or be submitted at the hearing.

     Persons in need of special accommodations should contact the Department’s Office of Fair Practices at (410) 537-3964 at least 5 business days in advance of the hearing. TTY users should contact the Department through the Maryland Relay Service at 1 (800) 735-2258.

     For more information, contact Alexandra Brun at (410) 537-3252 (Toll free in Maryland call 1 (800) 633-6101 ext. 3252) or via email at alexandra.brun@maryland.gov.

Contact: Alexandra Brun  (410) 537-3252

[18-14-11]

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Public Meeting

Date and Time: July 18, 2018, 1 — 3 p.m.

Place: Spring Grove Hospital Campus, Dix Bldg. Basement, Cathonsville, MD

Add’l. Info: Call-In Option Available

Contact: Berit Dockter (410) 767-5159

[18-14-01]

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Public Meeting

Date and Time: July 18, 2018, 4 — 6 p.m.

Place: 201 W. Preston St. Rm. L3, Baltimore, MD

Contact: Christine Boyd (410) 767-8827

[18-14-04]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: July 19, 2018, 1 — 4 p.m.

Place: 4160 Patterson Ave., Baltimore, MD

Contact: Valerie Wooding (410) 764-3570

[18-14-03]

 

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Subject: Public Meeting

Date and Time: July 20, 2018, 9 — 11 a.m.

Place: Via Teleconference (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 will take place by teleconference. Please call the office for more information.

Contact: Lauren Murray (410) 402-8556

[18-14-14]

 

STATE TREASURER’S OFFICE

Subject: Public Meeting

Date and Time: September 5, 2018, 1 p.m.

Place: Louis L. Goldstein Treasury Bldg., 80 Calvert St., Assembly Rm. #114—116, Annapolis, MD

Add’l. Info: Legislative Review and the Size and Condition of Tax-Supported Debt

Contact: Christian Lund (410) 260-7920

[18-14-07]

 

STATE TREASURER’S OFFICE

Subject: Public Meeting

Date and Time: September 12, 2018, 1 p.m.

Place: Louis L. Goldstein Treasury Bldg., 80 Calvert St., Assembly Rm. #114—116, Annapolis, MD

Add’l. Info: Review of Capital Programs and the Size and Condition of Debt of Higher Education Institutions

Contact: Christian Lund (410) 260-7920

[18-14-08]

 

STATE TREASURER’S OFFICE

Subject: Public Meeting

Date and Time: September 26, 2018, 1 p.m.

Place: Louis L. Goldstein Treasury Bldg., 80 Calvert St., Assembly Rm. #114—116, Annapolis, MD

Add’l. Info: Recommendation of General Obligation Bond Authorizations

Contact: Christian Lund (410) 260-7920

[18-14-09]

 

BOARD OF WELL DRILLERS

Subject: Public Meeting

Date and Time: July 25, 2018, 9 a.m. — 1 p.m.

Place: 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

[18-14-02]

WORKERS’ COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: July 19, 2018, 9:30 — 11:30 a.m.

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

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

Contact: Amy Lackington (410) 864-5300

[18-14-05]

 

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

Subject: Public Notice

Add’l. Info: Effective June 11, 2018 the Maryland Apprenticeship and Training Council canceled and deregistered the defunct apprenticeship programs of AiP Child Care Center, Fairchild Space Company, Freestate Thermal Insulation, Inc., Garland Laboratory, Inc. John L. Mattingly Construction Company, Inc., Machinecraft, Inc., MEEP, Inc. T/A Forrest, Patuxent Fire Protection, Inc., R.A. Clark, Inc., Rubright Machine Company and Tri-State Refrigeration, Inc.

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

[18-14-06]