Capitol Building Maryland Register

Issue Date: August 31, 2018

Volume 45 • Issue 18 • Pages 825-854

IN THIS ISSUE

Governor

Judiciary

Regulatory Review and Evaluation

Regulations

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before August 13, 2018 5 p.m.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 August 13, 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 ......................................................................  828

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  829

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

03        Comptroller of the Treasury ...............................................  835

09        Department of Labor, Licensing, and Regulation ...............  834

10        Maryland Department of Health .........................................  834

13B     Maryland Higher Education Commission........................... 836

14        Independent Agencies ........................................................  834

18        Department of Assessments and Taxation .........................  842

 

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 01.01.2018.20 ..................................  831

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS .................................  832

 

Regulatory Review and Evaluation

Title 28 OFFICE OF ADMINISTRATIVE HEARINGS 833

Notice of Opportunity for Public Inspection and
   Comment  833

 

Final Action on Regulations

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

BOARD FOR PROFESSIONAL ENGINEERS

Fees 834

10  MARYLAND DEPARTMENT OF HEALTH

BOARD OF NURSING

Registered Nurse — Forensic Nurse Examiner  834

Sanctioning Guidelines .  834

14  INDEPENDENT AGENCIES

MARYLAND ENERGY ADMINISTRATION

Maryland Energy Storage Systems Income Tax Credit
   Program ..  834

 

Proposed Action on Regulations

03  COMPTROLLER OF THE TREASURY

MOTOR FUEL TAX

Motor Fuel Inspection .  835

13B MARYLAND HIGHER EDUCATION COMMISSION

ACADEMIC REGULATIONS

Financial Guarantees and the Maryland Guaranty
   Student Tuition Fund for For-Profit Institutions of Higher
   Education .  836

FINANCIAL AID

Student Loan Debt Relief Tax Credit  837

14  INDEPENDENT AGENCIES

COMMISSION ON CRIMINAL SENTENCING POLICY

General Regulations .  838

Criminal Offenses and Seriousness Categories .  838

18  DEPARTMENT OF ASSESSMENTS AND TAXATION

REAL PROPERTY ASSESSMENTS

Valuation ..................................................................................  842

BUSINESS ORGANIZATIONS

Good Standing Status .  843

Administration of Maryland Revised Uniform Limited
   Partnership Act  843

Revival or Reinstatement of Entity Charters or Authority to
   Do Business .  844

Acceptance of Documents .  844

Expedited Filing Service .  844

Administration of Trade Names .  845

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Commission Meeting .  846

Actions Taken at June 15, 2018, Meeting .  846

Projects Approved for Minor Modifications .  847

Projects Approved for Consumptive Uses of Water  848

Projects Rescinded for Consumptive Uses of Water  848

Tentative Determination to Modify a Stormwater Permit —
   Anne Arundel County .  849

WATER AND SCIENCE ADMINISTRATION

Tentative Determination to Modify a Stormwater Permit —
  
Baltimore County .  849

 

General Notices

MARYLAND COLLECTION AGENCY LICENSING BOARD

Public Meeting .  851

COMPTROLLER OF THE TREASURY/ADMINISTRATION
   AND FINANCE

Reduction of Bond Authorization Announcement  851

COMMISSION ON CRIMINAL SENTENCING POLICY

Public Meeting .  851

BOARD OF DIETETIC PRACTICE

Public Meeting .  851

EMERGENCY MEDICAL SERVICES ADVISORY
   COUNCIL

Public Meeting .  851

EMERGENCY MEDICAL SERVICES BOARD

Public Meeting .  851

DEPARTMENT OF THE ENVIRONMENT/AIR AND
   RADIATION ADMINISTRATION

Public Hearing .  851

MARYLAND DEPARTMENT OF HEALTH

Public Hearing .  852

Receipt of Application .  852

Public Notice/Legal Notice for State of Maryland Department
   of Health Alternative Benefit Plan .  852

MARYLAND DEPARTMENT OF HEALTH/TASK FORCE
   TO STUDY ACCESS TO HOME HEALTH CARE FOR
   CHILDREN AND ADULTS WITH MEDICAL
   DISABILITIES

Public Meeting .  853

HISTORIC ST. MARY'S CITY COMMISSION

Public Meeting .  853

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .  853

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  853

Formal Start of Review ..  853

Receipt of Application .  853

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Public Meeting .  853

BOARD OF REVENUE ESTIMATES

Public Meeting .  853

STATE TREASURER'S OFFICE

Public Meeting .  854

Public Meeting .  854

MARYLAND DEPARTMENT OF TRANSPORTATION/
   BOARD OF AIRPORT ZONING APPEALS (BAZA)

Public Hearing .  854

MARYLAND COLLEGE COLLABORATION FOR
   STUDENT VETERANS COMMISSION

Public Meeting .  854

WORKERS' COMPENSATION COMMISSION

Public Meeting .  854

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

Public Meeting .  854

Public Notice .  854

 

COMAR Online

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

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

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

 

Availability of Monthly List of
Maryland Documents

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

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

 


CLOSING DATES AND ISSUE DATES through July 2019

 

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

2018

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

February 1

January 14

January 23

January 18**

February 15

January 28

February 6

February 4

March 1

February 11

February 20

February 15**

March 15

February 25

March 6

March 4

March 29

March 11

March 20

March 18

April 12

March 25

April 3

April 1

April 26

April 8

April 17

April 15

May 10

April 22

May 1

April 29

May 24

May 6

May 15

May 13

June 7

May 20

May 29

May 24**

June 21

June 3

June 12

June 10

July 5

June 17

June 26

June 24

July 19

July 1

July 10

July 22

 

*   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.

 


02 OFFICE OF THE ATTORNEY GENERAL

 

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

 

03 COMPTROLLER OF THE TREASURY

 

03.03.05.04 • 45:18 Md. R. 835 (8-31-18)

 

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)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.03.04.02,.15,.23 • 45:15 Md. R. 729 (7-20-18)

08.03.04.03 • 45:16 Md. R. 777 (8-3-18)

08.03.10.14 • 45:15 Md. R. 730 (7-20-18)

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

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

09.10.01.17,.28,.88 • 45:17 Md. R. 806 (8-17-18)

09.10.02.43,.53,.53-1 • 45:17 Md. R. 807 (8-17-18)

09.16.01.08 • 45:15 Md. R. 730 (7-20-18)

09.16.02.04 • 45:15 Md. R. 731 (7-20-18)

09.22.01.12 • 45:15 Md. R. 732 (7-20-18)

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

 

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

 

         Subtitles 01—08 (1st volume)

 

10.01.04.01,.02 • 45:15 Md. R. 733 (7-20-18)

          Subtitle 09 (2nd volume)

 

10.09.03.05 • 45:15 Md. R. 735 (7-20-18)

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)

10.09.63.02,.05 • 45:15 Md. R. 733 (7-20-18)

10.09.67.19,.20,.26-4,.26-5,.27 • 45:15 Md. R. 733 (7-20-18)

10.09.70.03 • 45:15 Md. R. 733 (7-20-18)

 

     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)

10.32.13.02,.03 • 45:15 Md. R. 736 (7-20-18)

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

 

     Subtitles 37—66 (5th Volume)

 

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)

11.06.02.08 • 45:15 Md. R. 737 (7-20-18)

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

11.07.03.03 • 45:15 Md. R. 738 (7-20-18)

11.07.03.05 • 45:15 Md. R. 738 (7-20-18)

 

     Subtitles 11—23 (MVA)

 

11.11.02.06 • 45:15 Md. R. 738 (7-20-18)

 

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.05.04.02 • 45:15 Md. R. 739 (7-20-18)

13A.05.04.03 • 45:15 Md. R. 739 (7-20-18)

13A.05.04.05 • 45:15 Md. R. 740 (7-20-18)

13A.05.04.06 • 45:15 Md. R. 740 (7-20-18)

13A.05.04.07 • 45:15 Md. R. 741 (7-20-18)

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

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

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)

13A.14.06.03 • 45:17 Md. R. 808 (8-17-18)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

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

13B.02.06.05,.06 • 45:18 Md. R. 836 (8-31-18)

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

13B.08.17.01—.05 • 45:18 Md. R. 837 (8-31-18)

 

14 INDEPENDENT AGENCIES

 

14.22.01.10,.12,.15 • 45:18 Md. R. 838 (8-31-18)

14.22.02.02 • 45:18 Md. R. 838 (8-31-18)

14.27.02.03,.11,.12,.14 • 45:16 Md. R. 778 (8-3-18)

14.27.03.06,.07 • 45:16 Md. R. 779 (8-3-18)

14.27.04.01—.09 • 45:16 Md. R. 780 (8-3-18)

 

15 DEPARTMENT OF AGRICULTURE

 

15.01.15.01—.05 • 45:16 Md. R. 781 (8-3-18)

15.05.01.02 • 45:15 Md. R. 741 (7-20-18)

15.15.05.01—.09 • 45:16 Md. R. 782 (8-3-18)

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

 

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

 

18.02.02.05 • 45:18 Md. R. 842 (8-31-18)

18.04.03.01 • 45:18 Md. R. 843 (8-31-18)

18.04.04.01 • 45:18 Md. R. 843 (8-31-18)

18.04.05.01 • 45:18 Md. R. 844 (8-31-18)

18.04.07.02,.03 • 45:18 Md. R. 844 (8-31-18)

18.04.08.05,.06 • 45:18 Md. R. 844 (8-31-18)

18.04.10.01,.03—.05 • 45:18 Md. R. 845 (8-31-18)

 

19A STATE ETHICS COMMISSION

 

19A.01.01.04 • 45:16 Md. R. 785 (8-3-18)

 

17 DEPARTMENT OF BUDGET AND MANAGEMENT

 

17.04.11.22 • 45:15 Md. R. 742 (7-20-18)

 

20 PUBLIC SERVICE COMMISSION

 

20.50.02.02 • 45:15 Md. R. 743 (7-20-18)

20.50.09.01—.06,.08—.14 • 45:15 Md. R. 743 (7-20-18) (ibr)

20.50.12.03 • 45:16 Md. R. 785 (8-3-18)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

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

26.11.01.01 • 45:17 Md. R. 809 (8-17-18)

26.11.08.01,.02,.04,.05,.07,.08-1,.08-2 • 45:17 Md. R. 809 (8-17-18)

26.11.09.08 • 45:17 Md. R. 809 (8-17-18)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.02.01 • 45:16 Md. R. 787 (8-3-18) (ibr)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

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

31.03.12.04 • 45:15 Md. R. 751 (7-20-18)

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

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)

31.09.05.06 • 45:15 Md. R. 751 (7-20-18)

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

                               45:15 Md. R. 752 (7-20-18)

31.10.16.05 • 45:15 Md. R. 752 (7-20-18)

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

31.15.03.05 • 45:17 Md. R. 814 (8-17-18)

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

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.01.03.02 • 45:17 Md. R. 815 (8-17-18)

36.02.06.04 • 45:17 Md. R. 815 (8-17-18)

36.03.01.02 • 45:17 Md. R. 815 (8-17-18)

36.03.03.07 • 45:17 Md. R. 815 (8-17-18)

36.03.07.03—.07 • 45:17 Md. R. 815 (8-17-18)

36.03.10.16,.19,.20,.26—.29,.31,.38,.41,.43,
     .45
• 45:17 Md. R. 815 (8-17-18)

36.04.01.18,.21,.30,.31 • 45:17 Md. R. 815 (8-17-18)

36.05.02.16 • 45:17 Md. R. 815 (8-17-18)

36.05.03.11,.23 • 45:17 Md. R. 815 (8-17-18)

36.07.04.06 • 45:17 Md. R. 815 (8-17-18)

 


The Governor

EXECUTIVE ORDER 01.01.2018.20

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 AUGUST 24, 2018, AND SHALL EXPIRE ON SEPTEMBER 23, 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 20th Day of August, 2018.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

 

[18-18-34]

 

 


The Judiciary 

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

 

     This is to certify that by a Per Curiam Order of the Court of Appeals dated April 10, 2018, BENJAMIN N. NDI, 4205 Sugar Pine Court, Burtonsville, Maryland 20866, non-admitted attorney is excluded under Maryland Rule 19-742(g) from exercising the privilege of practicing law in this State.

 

[18-18-30]

 

 


Regulatory Review and Evaluation

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

Title 28
OFFICE OF ADMINISTRATIVE HEARINGS

Notice of Opportunity for Public Inspection and Comment

 

     In accordance with the Regulatory Review and Evaluation Act, State Government Article sections 10-130 through 10-138, Annotated Code of Maryland, the Office of Administrative Hearings (OAH) is reviewing and evaluating the regulations codified in COMAR 28.01, 28.02, and 28.03.

     OAH is providing an opportunity for interested parties to participate in the review and evaluation of its existing regulations by attending either of the following public hearings:

 

Date

 

Time

Location

September 27, 2018

1:00 p.m. to

3:00 p.m.

 

Office of Administrative Hearings,

11101 Gilroy Road,

Hunt Valley, MD 21031

October

2, 2018

1:00 p.m. to

3:00 p.m.

 

Office of Administrative Hearings,

10400 Connecticut Avenue, Suite 208,

Kensington, MD 20895

Directions available at :

http://www.oah.state.md.us/Hearinglocations.aspx.

 

     Interested parties also may provide written comments. All comments should be addressed to Therese Kurtze, Staff Attorney, by mail or personal delivery at OAH, 11101 Gilroy Rd., Hunt Valley, MD 21031; by facsimile at (410) 229-4111; or by email at therese.kurtze@maryland.com. Comments must be received no later than October 12, 2018.

[18-18-19]

 

 


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 23 BOARD FOR PROFESSIONAL ENGINEERS

09.23.04 Fees

Authority: Business Occupations and Professions Article, §§14-101, 14-208, 14-209, 14-306, 14-307, and 14-307.1, Annotated Code of Maryland

Notice of Final Action

[18-160-F]

On August 9, 2018, the Board for Professional Engineers adopted amendments to Regulation .03 under COMAR 09.23.04 Fees. This action, which was proposed for adoption in 45:13 Md. R. 670 (June 22, 2018), has been adopted as proposed.

Effective Date: September 10, 2018.

DR. STEVEN ARNDT, P.E.
Chairman
State Board for Professional Engineers

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 27 BOARD OF NURSING

Notice of Final Action

[18-162-F]

On August 9, 2018, the Secretary of Health adopted amendments to:

(1) Regulations .02, .03, and .08 under COMAR 10.27.21 Registered Nurse — Forensic Nurse Examiner; and

(2) Regulations .02 and .07 under COMAR 10.27.26 Sanctioning Guidelines.

This action, which was proposed for adoption in 45:13 Md. R. 677—678 (June 22, 2018), has been adopted with the nonsubstantive changes shown below.

Effective Date: September 10, 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 10.27.26.02B(5)(a): Adding the words “or certification” clarifies that Advanced Practice Registered Nurses are certified by the Board of Nursing in their area of practice in addition to their licensure as a registered nurse.

 

10.27.26 Sanctioning Guidelines

Authority: Health Occupations Article, §§1-606, 8-205(a)(1), 8-316, 8-6A-10, and 8-6B-18, Annotated Code of Maryland

.02 Definitions.

A. (proposed text unchanged)

B. Terms Defined.

(1)―(4) (proposed text unchanged)

(5) “Licensee” means an individual who:

(a) Has been issued a license or certification by the Board to practice as:

(i)(v) (proposed text unchanged)

(b) (proposed text unchanged)

(6)—(8) (proposed text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Title 14
INDEPENDENT AGENCIES

Subtitle 26 MARYLAND ENERGY ADMINISTRATION

14.26.07 Maryland Energy Storage Systems Income Tax Credit Program

Authority: Tax-General Article, §10-719, Annotated Code of Maryland

Notice of Final Action

[18-146-F]

On August 20, 2018, the Maryland Energy Administration adopted new Regulations .01—.09 under COMAR 14.26.07 Maryland Energy Storage Systems Income Tax Credit Program. This action, which was proposed for adoption in 45:12 Md. R. 640—641 (June 8, 2018), has been adopted as proposed.

Effective Date: September 10, 2018.

MARY BETH TUNG, Ph.D.
Director

 

 


Proposed Action on Regulations

 


 



Title 03
COMPTROLLER OF THE TREASURY

Subtitle 03 MOTOR FUEL TAX

03.03.05 Motor Fuel Inspection

Authority: Business Regulation Article, §§10-202 and 10-323.1; Tax-General Article, §2-103; Annotated Code of Maryland

Notice of Proposed Action

[18-213-P]

     The Comptroller of the Treasury proposes to amend Regulation .04 under COMAR 03.03.05 Motor Fuel Inspection.

Statement of Purpose

The purpose of this action is to lower the maximum sulfur content of No. 1 and No. 2 fuel oils to reflect environmentally driven and current industry fuel trends. This action will have minimal cost impacts on fuel oil users and help to improve air quality, both locally and regionally. This action will assist Maryland in meeting its obligations under the Federal Clean Air Act and Regional Haze rules, which require States that contribute to visibility impairment to implement mitigation strategies.

Once finalized, these changes will be submitted to the U.S. Environmental Protection Agency as a revision to Maryland’s Regional Haze State Implementation Plan (SIP).

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The Comptroller’s Office expects these regulatory changes requiring 15 ppm sulfur to have minimal cost impacts on the fuel oil industry and consumers based on the experiences in other states that already require reduced sulfur content of fuel oils. The industry is already producing compliant fuel oil and Maryland will benefit from economies of scale. This action is not likely to lower the demand for fuel oil for heating purposes.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

NONE

None

B. On other State agencies:

NONE

None

C. On local governments:

NONE

None

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(-)

Minimal

E. On other industries or trade groups:

NONE

None

F. Direct and indirect effects on public:

(+)

Unquantified

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

A. The Field Enforcement Division within the Comptroller’s Office currently obtains and analyzes fuel oil samples from fuel distribution terminals, bulk storage locations, and retail outlets for sulfur content as part of its routine operations. The duration and frequency of that routine testing will not be impacted by these proposed changes; only the measured level of sulfur at which a compliance action takes place will change. An increase in noncompliance is not expected as a result of this action.

B. This proposal is not expected to negatively impact State agencies. Fuel oil product meeting the proposed specifications is already being produced and distributed in the region.

C. This proposal is not expected to negatively impact local governments. Fuel oil product meeting the proposed specifications is already being produced and distributed in the region.

D. The industry impact is expected to be minimal. Refiners of distillate products have already invested in equipment for the removal of sulfur from heating oil. Due to this prior investment and with the product being readily available, refiners should be minimally impacted by the requirements to provide this product in Maryland.

E. This proposal is not expected to negatively impact other industries or trade groups. Fuel oil product meeting the proposed specifications is already being produced and distributed in the region.

F. The environmental and health benefits of lowering fuel sulfur content are reduced sulfur dioxides and fine particle emissions, resulting in decreased regional haze and improved visibility as well as decreased health effects such as respiratory, lung, and cardiovascular disease and asthma attacks.

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 an impact on individuals with disabilities as follows:

The proposed action may have a positive impact on people with respiratory disabilities since the emissions that impact visibility also contribute to unhealthy concentrations of ozone and fine particles.

Opportunity for Public Comment

Comments may be sent to Cole Dowden, Staff Attorney/Tax Consultant, Field Enforcement Division, P.O. Box 2397, Annapolis, MD 21404, or call 410-260-7494, or email to cdowden@comp.state.md.us, or fax to 410-974-5564. Comments will be accepted through October 1, 2018. A public hearing has not been scheduled.

.04 Specifications for No. 1 and No. 2 Fuel Oil (ASTM D-396).

No. 1 fuel oil is a distillate oil intended for vaporizing pot-type and similar burners. No. 2 fuel oil is a distillate oil for general purpose domestic heating use in burners not requiring No. 1 fuel oil. Both shall meet the requirements of the following specifications, when tested in accordance with the latest version of the American Society for Testing and Materials Methods of Tests:

 

No. 1 Fuel Oil

No. 2 Fuel Oil

A.—F. (text unchanged)

 

 

G. Sulfur (ASTM D-1552) percent by mass shall not exceed the following maximums:

   [(1) On and after November 1, 2014

0.20

0.20]

   [(2)] (1) (text unchanged)

 

 

   (2) On and after July 1, 2019

0.0015

0.0015

   (3) No. 1 and No. 2 Fuel Oil that was stored in this State by the ultimate final consumer prior to July 1, [2016] 2019, which met the applicable maximum allowable sulfur content for fuel oil before July 1, [2016] 2019, set forth in [§G(2)] §G(1) of this regulation at the time it was stored, may be used by the ultimate consumer in the State on and after July 1, [2016] 2019, until the supply is depleted.

H.—I. (text unchanged)

 

 

 

* (text unchanged)

PETER FRANCHOT
Comptroller

Title 13B
MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 02 ACADEMIC REGULATIONS

13B.02.06 Financial Guarantees and the Maryland Guaranty Student Tuition Fund for For-Profit Institutions of Higher Education

Authority: Education Article, §§11-105(u) and 11-203, Annotated Code of Maryland

Notice of Proposed Action

[18-212-P]

     The Maryland Higher Education Commission proposes to amend Regulations .05 and .06 under COMAR 13B.02.06 Financial Guarantees and the Maryland Guaranty Student Tuition Fund for For-Profit Institutions of Higher Education. This action was considered at a public meeting of the Commission on June 27, 2018.

Statement of Purpose

The purpose of this action is to align the requirements of COMAR 13B.02.06 with the requirements of Ch. 836, Acts of 2018.

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 Emily A.A. Dow, Ph.D., Assistant Secretary, Maryland Higher Education Commission, 6 N. Liberty St., 10th Floor, Baltimore, MD 21201, or call 410-767-3300, or email to emily.dow@maryland.gov. Comments will be accepted through October 1, 2018. A public hearing has not been scheduled.

.05 Financial Guarantee [or Alternative Fund Payment,] and Potential Guaranty Fund [Additional] Assessment.

A. Each school shall:

(1) As prescribed by Regulation .06 of this chapter, [either] provide a financial guarantee to the Commission[, or make an alternative fund payment]; and

(2) (text unchanged)

B. (text unchanged)

.06 Requirements for the Financial Guarantee [or Alternative Fund Payment].

A. Subject to [§F] §E of this regulation, each school annually shall [elect to:

(1) Provide] provide the financial guarantee described in [§§B—D] §§B and C of this regulation[; or

(2) Make the alternative fund payment described in §E of this regulation].

B. A financial guarantee:

(1) Shall be in the form and amount the Secretary requires, which shall be no less than the amount described in §C of this regulation, and may be greater than the amount described in §C of this regulation; [and]

(2) Shall be between the Commission and the surety;

(3) Shall be made payable to the Secretary on behalf of the Commission; and

[(2)] (4) (text unchanged)

C. Amount of Guarantee [for Approved Schools].

[(1) By October 1, 2017, a school that received its certificate of approval from the Commission prior to July 1, 2016, and that elects to provide a financial guarantee under this regulation, shall provide to the Commission a financial guarantee in an amount equal to either:

(a) 25 percent of the school’s adjusted gross tuition and fees for the year July 1, 2015 through June 30, 2016; or

(b) The school’s non-Title IV adjusted gross tuition and fees for the year July 1, 2015 through June 30, 2016.]

[(2)] (1) By [October 1, 2018, and] each [subsequent] October 1, a school [that received its certificate of approval from the Commission prior to July 1, 2016, and that elects to provide a financial guarantee under this regulation,] shall provide to the Commission a financial guarantee in an amount equal to the school’s non-Title IV adjusted gross tuition and fees for the prior July 1 through June 30.

[(3)] (2) (text unchanged)

[D. Amount of Guarantee for New Schools.

(1) For the school’s first year of operation in the State, a school that receives a certificate of approval from the Commission on or after July 1, 2016, and that elects to provide a financial guarantee under this regulation, shall provide to the Commission a financial guarantee in an amount equal to $500,000.

(2) For the school’s second year of operation in the State, the school shall provide, by the expiration of its first year of operation in the State, a financial guarantee in an amount equal to the school’s non-Title IV adjusted gross tuition and fees for the prior July 1 through June 30.

(3) For the school’s third and subsequent years of operation in the State, the school shall provide, by October 1 of each year, a financial guarantee in an amount equal to the school’s non-Title IV adjusted gross tuition and fees for the prior July 1 through June 30.

(4) The Secretary may require a school to increase the amount of the school’s financial guarantee pursuant to Education Article, §11-203, Annotated Code of Maryland.

E. Alternative Fund Payment.

(1) If a school elects to make an alternative fund payment in lieu of providing a financial guarantee, the school shall pay into the Fund an amount equal to the amount that would have been required for the school’s financial guarantee under §§B—D of this regulation.

(2) The alternative fund payment shall be a one-time payment, except that the Secretary annually may require a school to make an additional payment in the amount of any increase in the school’s non-Title IV gross tuition and fees, as reflected in the school’s annual Financial Reporting Form under Regulation .11 of this chapter.

F. A school is not required to provide a financial guarantee or to make an alternative fund payment under this regulation if the Secretary suspends those options and determines that the Fund shall be funded solely by assessments levied pursuant to Regulation .07 of this chapter.]

JAMES D. FIELDER, JR., Ph.D.
Secretary of Higher Education

 

Subtitle 08 FINANCIAL AID

13B.08.17 Student Loan Debt Relief Tax Credit

Authority: Education Article, §11-105(u); Tax-General Article, §10-740; Annotated Code of Maryland

Notice of Proposed Action

[18-211-P]

     The Maryland Higher Education Commission proposes to amend Regulations .01—.05 under COMAR 13B.08.17 Student Loan Debt Relief Tax Credit. This action was considered at a public meeting of the Commission on June 27, 2018.

Statement of Purpose

The purpose of this action is to conform COMAR 13B.08.17 to the requirements of Chs. 382 and 419, Acts of 2018.

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 Geoff Newman, Assistant Secretary, Maryland Higher Education Commission, 6 N. Liberty St., Baltimore, MD 21201, or call 410-767-3300, or email to geoff.newman@maryland.gov. Comments will be accepted through October 1, 2018. A public hearing has not been scheduled.

.01 Purpose.

The purpose of the Student Loan Debt Relief Tax Credit is to assist students who have incurred a certain amount of undergraduate loan debt [in attending undergraduate school], graduate loan debt, or both, by providing a tax credit on their Maryland State income tax pursuant to Tax-General Article, §10-740, Annotated Code of Maryland.

.02 Definitions.

A. — C. (text unchanged)

D. “Debt burden” means the [monthly] amount a qualified taxpayer is currently obligated to pay for a student loan debt.

E. — G. (text unchanged)

H. “Student loan debt” means an individual’s obligation to repay a lender for monies borrowed by the individual to [attend an undergraduate institution] pursue an undergraduate or graduate education at an institution of higher education that is accredited by an accrediting body recognized by the United States Department of Education.

I. (text unchanged)

J. “Qualified taxpayer” means an individual who has:

(1) Incurred at least $20,000 in [undergraduate] student loan debt; and

(2) At least $5,000 in outstanding [undergraduate] student loan debt when submitting an application under Regulation .04 of this chapter.

[K. “Undergraduate institution” means an institution of higher education that offers undergraduate degrees and is accredited by an accrediting body recognized by the United States Department of Education.]

K. “Undergraduate or graduate education” means credit-bearing coursework towards an associate’s degree, a bachelor’s degree, or a degree or certificate above the bachelor’s level, including but not limited to a master’s degree and a doctorate degree.

.03 Tax Credit.

A. — C. (text unchanged)

D. The total amount of a Student Loan Debt Relief Tax Credit claimed under a qualified taxpayer’s income tax return and approved by the Comptroller pursuant to §F of this regulation shall be recaptured if the qualified taxpayer does not use an approved credit for the repayment of the qualified taxpayer’s [undergraduate] student loan debt within 2 years from the close of the taxable year in which the credit is [approved] awarded. The qualified taxpayer who claimed the approved tax credit shall pay the total amount of the credit claimed as taxes payable to the State of Maryland for the taxable year in which the event requiring recapture of the credit occurs.

E. — F. (text unchanged)

.04 Applying to the Commission for Certification of a Tax Credit.

A. A qualified taxpayer [desiring to request] requesting that the Commission certify a tax credit shall apply to the Commission as provided in this regulation.

B. (text unchanged)

C. The Student Loan Debt Relief Tax Credit application shall require a qualified taxpayer to submit, in a form prescribed by the Secretary, information required by the Secretary to determine the taxpayer’s eligibility for certification, including but not limited to:

(1) (text unchanged)

(2) The name of the [undergraduate] institution or institutions attended and dates of attendance attributable to the qualified taxpayer’s [undergraduate] student loan debt;

(3) A statement attesting that the qualified taxpayer has:

(a) Incurred at least $20,000 in [undergraduate] student loan debt; and

(b) — (f) (text unchanged)

(5) — (8) (text unchanged)

(9) A signed and notarized statement of assurance by the qualified taxpayer that the individual shall use any credit approved by the Commission and accepted by the Comptroller for the repayment of the individual’s [undergraduate] student loan debt as soon as practicable and not later than 2 years after the taxable year in which the credit is claimed.

D. (text unchanged)

.05 Commission Action on an Application.

A. — E. (text unchanged)

F. For any taxable year, the Commission may not certify tax credits in an amount more than [$5,000,000in tax credits] the maximum permitted under Tax-General Article, §10-740, Annotated Code of Maryland.

JAMES D. FIELDER, JR., Ph.D.
Secretary of Higher Education

 

Title 14
INDEPENDENT AGENCIES

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

Notice of Proposed Action

[18-214-P]

The Maryland State Commission on Criminal Sentencing Policy proposes to amend:

(1) Regulation .10, .12, and .15 under COMAR 14.22.01 General Regulations; and

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

Statement of Purpose

The purpose of this action is to indicate modifications to the computation of the offender score in Regulation .10, the multiple victim stacking rule in Regulation .12, and the guidelines for subsequent offenders in Regulation .15 under COMAR 14.22.01 General Regulations. These modifications clarify the instructions for scoring multiple prior convictions from a single criminal event (in the case of the adult record) and from a single adjudicatory hearing (in the case of the juvenile record). The modifications also clarify that the multiple victim stacking rule may be applied in sentencing events involving multiple criminal events, and they remove an unnecessary reference to the Criminal Law Article in the instructions for computation of guidelines for subsequent offenders. Additionally, the purpose of this action is to indicate modifications to the table of seriousness categories (guidelines offense table) in Regulation .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories. The proposed revisions reflect new and amended offenses from the 2018 Legislative Session and minor edits to the table.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to David Soule, Executive Director, Maryland State Commission on Criminal Sentencing Policy, 4511 Knox Road, Suite 309, College Park, MD 20742, or call 301-403-4165, or email to dsoule@umd.edu, or fax to 301-403-4164. Comments will be accepted through October 1, 2018. A public hearing has not been scheduled.

 

14.22.01 General Regulations

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

.10 Computation of the Offender Score.

A. (text unchanged)

B. Four Components of the Offender Score.

(1) (text unchanged)

(2) Juvenile Delinquency.

(a) The individual completing the worksheet shall count [findings] only one finding of a delinquent act (i.e., [findings] finding of facts sustained at an adjudicatory hearing) [the same as convictions would be for an adult, that is, there may be more than one as part of a single event] for a single adjudicatory hearing. If multiple findings of a delinquent act relate to a single adjudicatory hearing, the individual completing the worksheet shall count only one finding of a delinquent act.

(b) — (f) (text unchanged)

(3) Prior Adult Criminal Record.

(a) In General.

(i) Except as noted in this paragraph, the prior adult criminal record includes all adjudications preceding the current sentencing event, whether the offense was committed before, during, or after the instant offense(s). The prior adult criminal record shall not include: adjudications that were expunged from the record or proven by the defense to have been eligible for expungement as a matter of right prior to the date of offense pursuant to Subtitle 1 (Expungement of Police and Court Records) of Title 10 (Criminal Records) of the Criminal Procedure Article, Annotated Code of Maryland; violations of public local laws; municipal infractions; contempt; criminal nonsupport; marijuana possession or marijuana paraphernalia possession adjudications that qualify for a non-incarceration penalty due to evidence of medical necessity; adjudications based on acts that are no longer crimes; [or] non-incarcerable traffic offenses; or more than one adjudication arising from a single criminal event.

(ii) — (iii) (text unchanged)

(b) Criteria.

(i) (text unchanged)

(ii) The individual completing the worksheet shall count the number of prior adjudications of guilt according to the seriousness categories. If prior multiple convictions relate to a single criminal event, the individual completing the worksheet shall score only the offense with the highest seriousness category. The prior adult criminal record shall score no more than one conviction stemming from a single criminal event.

(iii) – (v) (text unchanged)

(c) — (g) (text unchanged)

(4) (text unchanged)

C. (text unchanged)

.12 Multiple Offense Scoring.

A. Single Criminal Event, Not More Than One Seriousness Category I or II Offense.

(1) (text unchanged)

(2) The individual completing the worksheet shall determine the overall guideline range by [identifying the highest of the lower guidelines limit and highest of the upper guidelines limit of all of the offenses and by]:

(a) [Except as provided in §A(2)(b) of this regulation, identifying] Identifying the highest of the [upper] lower guidelines limit of all the offenses; [and]

(b) [If there are separate offenses for different victims, by adding together the upper range of the highest of the upper guidelines range for each victim.] Except as provided in §A(2)(c) of this regulation, identifying the highest of the upper guidelines limit of all the offenses; and

(c) If there are separate offenses involving different victims, adding or “stacking” the highest of the upper guidelines limit for each offense with a unique victim. Only one convicted offense per distinct victim may be used to calculate the overall guidelines range.

(3) (text unchanged)

B. — D. (text unchanged)

.15 Subsequent Offenses.

Enhanced punishment law for subsequent offenders takes precedence over guidelines ranges if not otherwise provided for in these regulations. When the statutory penalty for a drug offense is doubled under Criminal Law Article, §5-905, Annotated Code of Maryland, the guidelines range for that offense is also doubled. The guidelines sentence is determined by doubling the appropriate sentence from the drug offense sentencing matrix except when the mandatory minimum sentence [under Criminal Law Article, §5-602, Annotated Code of Maryland,] is invoked and takes precedence. If sentencing is pursuant to an enhanced punishment statute, the individual completing the worksheet shall mark the worksheet and specify the statute.

 


 

14.22.02 Criminal Offenses and Seriousness Categories

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

.02 Seriousness Categories.

 

Offense Literal

CJIS
Code

Source

Felony or
Misd.

Max
Term

Min
Term

Offense Type

Ser.

Category

Fine

1—9-2  (text unchanged)

9-3

Alcoholic Beverages
Selling or providing alcoholic beverages to an individual under the age of 21 in Washington County, 3rd or subsequent offense

 

AB, §31-2702

Misd.

2Y

 

Property

VII

$1,000

[9-3] 9-4—[9-4] 9-5 (text unchanged)

10—25-8  (text unchanged)

25-9

Assault and Other Bodily Woundings—Other
Failure to comply with an interim extreme protection order, a temporary risk protective order, or a final extreme risk protective order, 1st offense

1-1446

PS, §5-610(a)(1)

Misd.

90D

 

Person

VII

$1,000

25-10

Assault and Other Bodily Woundings—Other
Failure to comply with an interim extreme protection order, a temporary risk protective order, or a final extreme risk protective order, subsequent

1-1447

PS, §5-610(a)(2)

Misd.

1Y

 

Person

VII

$2,500

26—30-4  (text unchanged)

31

Assault Weapons
Use of assault weapon, rapid fire trigger activator, or magazine with a capacity of more than 10 rounds in the commission of a felony or crime of violence, subsequent

[3-5260]

1-1461

CR, §4-306(b)(3)

Misd.

20Y

10Y

Person

II

 

32

Assault Weapons
Use of assault weapon, rapid fire trigger activator, or magazine with a capacity of more than 10 rounds in the commission of a felony or crime of violence, 1st offense

3-5260

CR, §4-306(b)(2)

Misd.

20Y

MM*= 5Y

Person

III

 

33

Assault Weapons
Unlawfully possess, sell, offer to sell, [transfer, purchase,] etc., an assault weapon; manufacture, sell, offer to sell, etc., [or] a detachable magazine with a capacity of more than 10 rounds; manufacture, possess, sell, etc., a rapid fire trigger activator

3-5250

3-5255

1-1448

CR, §4-303(a)

CR, §4-305(b)

CR, §4-305.1(a)

CR, §4-306(a) (penalty)

Misd.

3Y

 

Person

VI

$5,000

34—80  (text unchanged)

80-1

Commercial Fraud, Other
Providing an unlicensed loan

1-0049

FI, §11-203.1(a)

FI, §11-222 (penalty)

Misd.

3Y

 

Property

VI

$5,000

81—144  (text unchanged)

144-1

Extortion and Other Threats
Sextortion—causing another to engage in sexual activity or in a visual representation of sexual activity by threating behavior

1-1452

1-1453

CR, §3-709

Misd.

10Y

 

Person

V

$10,000

145—176-1  (text unchanged)

177

HandgunsIn General
Handgun—unlawful wearing, carrying, etc., 2nd weapon offense, generally

[1-5212]

[1-0175]

CR, §4-203(c)(3)(i)1

Misd.

10Y

1Y

Person

III

 

177-1

HandgunsIn General
Handgun—unlawful wearing, carrying, etc., more than two prior weapon offenses, generally

 

CR, §4-203(c)(4)(i)1

Misd.

10Y

3Y

Person

III

 

[177-1]

177-2

HandgunsIn General
Handgun—unlawful wearing, carrying, etc., on school property, [etc.,] 1st weapon offense

1-5212

1-0175

CR, §4-203(c)(2)(ii)

Misd.

3Y

90D

Person

VII

$250—$2,500

178

HandgunsIn General
Handgun—unlawful wearing, carrying, etc., on school property, [etc.,] 2nd weapon offense

[1-5212]

[1-0175]

CR, §4-203(c)(3)(i)2

Misd.

10Y

3Y

Person

III

 

[179]

Vacant

[HandgunsIn General
Handgun—unlawful wearing, carrying, etc., more than two prior weapon offenses, generally]

[1-5212]

[1-0175]

[CR, §4-203(c)(4)(i)1]

[Misd.]

[10Y]

[3Y]

[Person]

[III]

 

180

HandgunsIn General
Handgun—unlawful wearing, carrying, etc., on school property, [etc.,] more than two prior weapon offenses

[1-5212]

[1-0175]

CR, §4-203(c)(4)(i)2A

Misd.

10Y

5Y

Person

III

 

180-1

HandgunsIn General
Handgun—unlawful wearing, carrying, etc., a loaded handgun, 1st weapon offense

1-1454

1-1455

CR, §4-203(c)(2)(i)

Misd.

3Y

30D

Person

VII

$250-$2,500

180-2

HandgunsIn General
Handgun—unlawful wearing, carrying, etc., a loaded handgun, 2nd weapon offense

1-1456

1-1457

CR, §4-203(c)(3)(ii)2

Misd.

10Y

MM*=1Y

Person

III

 

180-3

HandgunsIn General
Handgun—unlawful wearing, carrying, etc., a loaded handgun, more than two prior weapon offenses

1-1458

1-1459

CR, §4-203(c)(4)(ii)2

Misd.

10Y

MM*=3Y

Person

III

 

181

HandgunsIn General
Handgun—unlawful wearing, carrying, etc., with deliberate purpose to injure or kill, more than two prior weapon offenses

[1-5212]

[1-0175]

CR, §4-203(c)(4)(i)2B

Misd.

10Y

5Y

Person

III

 

182—203  (text unchanged)

204

Hate Crimes
Crimes against persons, groups, or property because of race, color, religious beliefs, sexual orientation, gender, disability, national origin, or homelessness—resulting in death

1-0437

CR, §10-304(2)(ii)
CR, §10-306(b)(2)
(penalty)

Felony

20Y

 

Person

III

$20,000

205

Hate Crimes
Crimes against persons, groups, or property because of race, color, religious beliefs, sexual orientation, gender, disability, national origin, or homelessness—involving separate felony

1-0437

CR, §10-304(2)(i)
CR, §10-306(b)(1)
(penalty)

Felony

10Y

 

Person

IV

$10,000

206

Hate Crimes
Crimes against persons, groups, or property because of race, color, religious beliefs, sexual orientation, gender, disability, national origin, or homelessness

1-0435
1-0436
1-0437
2-0251
2-0252

CR, §10-306(a)
(penalty)

Misd.

3Y

 

Person

V

$5,000

206-1—209-2  (text unchanged)

210

Influencing or Intimidating Judicial Process
Induce false testimony (witness or victim intimidation)

[1-0354]

1-1565

1-1566

[CR, §9-302(a)]

CR, §9-302(c)(1)

Misd.

[5Y]

10Y

 

Person

[V]

IV

$5,000

211

Influencing or Intimidating Judicial Process
Intimidating or corrupting jurors, etc.; obstructing justice

[1-0358]
[1-0362]

1-1571

1-1572

CR, §9-305(c)(1)

Misd.

[5Y]

10Y

 

Person

[V]

IV

$5,000

212  (text unchanged)

213

Influencing or Intimidating Judicial Process
Retaliation for testimony, reporting a crime, performance of juror’s or officer of the court’s duties

[1-0356]
[1-0886]
[1-1145]
[1-1146]

1-1567

1-1568

1-1569

1-1570

CR, §9-303(c)(1)

Misd.

[5Y]

10Y

 

Person

[V]

IV

$5,000

214—357  (text unchanged)

358

Sexual Crimes
Sexual contact with [inmates in correctional and juvenile facilities or with] inmate, person confined in juvenile facility, person ordered to obtain services, or person in custody of law enforcement officer

1-1149

1-1462

2-1130

2-1132

CR, §3-314

Misd.

3Y

 

Person

V

$3,000

359—420  (text unchanged)

 

Footnotes  (text unchanged)

General Rules:  (text unchanged)

DAVID SOULE
Executive Director

___________________________________

 

 


Title 18
DEPARTMENT OF ASSESSMENTS AND TAXATION

Subtitle 02 REAL PROPERTY ASSESSMENTS

18.02.02 Valuation

Authority: Tax-Property Article, §§2-201, 2-202, and 8-104, Annotated Code of Maryland

Notice of Proposed Action

[18-218-P]

The Director of the Department of Assessments and Taxation proposes to repeal Regulation .05 under COMAR 18.02.02 Valuation.

Statement of Purpose

The purpose of this action is to eliminate an outdated requirement that the Department increase the value of specific property on January 1, 2001. In 2001, the requirement was met, so this regulation can be repealed.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Corbett Webb, Chief of Staff, SDAT, 301 W. Preston Street, 8th Floor, Baltimore, MD 21201, or call 410-767-1142, or email to corbett.webb@maryland.gov. Comments will be accepted through October 1, 2018. A public hearing has not been scheduled.

MICHAEL HIGGS
Director

 

Subtitle 04 BUSINESS ORGANIZATIONS

18.04.03 Good Standing Status

Authority: Tax-Property Article, §§2-201, 4-207, and 12-101, Annotated Code of Maryland

Notice of Proposed Action

[18-219-P]

The Director of the Department of Assessments and Taxation proposes to amend Regulation .01 under COMAR 18.04.03 Good Standing Status.

Statement of Purpose

The purpose of this action is to add conversion as a bar to maintaining good standing status with the Department for corporations, limited partnerships, and limited liability companies and add both merger and conversion as a bar to maintaining good standing status with the Department for limited liability partnerships.

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 Corbett Webb, Chief of Staff, SDAT, 301 W. Preston Street, 8th Floor, Baltimore, MD 21201, or call 410-767-1142, or email to corbett.webb@maryland.gov. Comments will be accepted through October 1, 2018. A public hearing has not been scheduled.

.01 Criteria to Maintain Good Standing with the Department.

A. (text unchanged)

A-1. Domestic Corporations.

(1) — (6) (text unchanged)

(7) The corporation may not have merged out of existence or consolidated or converted.

B. Foreign Corporations.

(1) — (6) (text unchanged)

(7) The corporation may not have merged out of existence or consolidated or converted.

C. Domestic Limited Partnerships.

(1) — (6) (text unchanged)

(7) The limited partnership may not be merged out of existence or converted.

D. Foreign Limited Partnerships.

(1) — (6) (text unchanged)

(7) The limited partnership may not be merged out of existence or converted.

E. Domestic Limited Liability Companies.

(1) — (6) (text unchanged)

(7) The company may not be merged out of existence or converted.

F. Foreign Limited Liability Companies.

(1) — (6) (text unchanged)

(7) The company may not be merged out of existence or converted.

G. Domestic Limited Liability Partnerships.

(1) — (6) (text unchanged)

(7) The limited liability partnership may not be merged out of existence or converted.

H. Foreign Limited Liability Partnerships.

(1) — (6) (text unchanged)

(7) The limited liability partnership may not be merged out of existence or converted.

MICHAEL HIGGS
Director

 

Subtitle 04 BUSINESS ORGANIZATIONS

18.04.04 Administration of Maryland Revised Uniform Limited Partnership Act

Authority: Corporations and Associations Article, §§4A-208, 9-803, and 10-102(b); Tax-Property Article, §2-201; Annotated Code of Maryland

Notice of Proposed Action

[18-215-P]

The Director of the Department of Assessments and Taxation proposes to repeal Regulation .01 under COMAR 18.04.04 Administration of Maryland Revised Uniform Limited Partnership Act.

Statement of Purpose

The purpose of this action is to repeal a regulation and chapter that are obsolete and establish requirements that are already covered by statute since 1982.

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 Corbett Webb, Chief of Staff, SDAT, 301 W. Preston Street, 8th Floor, Baltimore, MD 21201, or call 410-767-1142, or email to corbett.webb@maryland.gov. Comments will be accepted through October 1, 2018. A public hearing has not been scheduled.

MICHAEL HIGGS
Director

 

Subtitle 04 BUSINESS ORGANIZATIONS

18.04.05 Revival or Reinstatement of Entity Charters or Authority to Do Business

Authority: Tax-Property Article, §§2-201 and 2-202, Annotated Code of Maryland

Notice of Proposed Action

[18-221-P]

The Director of the Department of Assessments and Taxation proposes to amend Regulation .01 under COMAR 18.04.05 Revival or Reinstatement of Entity Charters or Authority to Do Business.

Statement of Purpose

The purpose of this action is to add statutory trusts to the definition of entity, thereby making them eligible to be revived or reinstated by the Department.

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 Corbett Webb, Chief of Staff, SDAT, 301 W. Preston Street, 8th Floor, Baltimore, MD 21201, or call 410-767-1142, or email to corbett.webb@maryland.gov. Comments will be accepted through October 1, 2018. A public hearing has not been scheduled.

.01 Entity.

In this chapter, "entity" means corporation, limited liability company, limited liability partnership, limited partnership, limited liability limited partnership, statutory trust, or professional corporation.

MICHAEL HIGGS
Director

 

Subtitle 04 BUSINESS ORGANIZATIONS

18.04.07 Acceptance of Documents

Authority: Commercial Law Article, §21-117; Corporations and Associations Article, §§1-102, 1-203, and 1-406; Tax-Property Article, §2-201; Annotated Code of Maryland

Notice of Proposed Action

[18-216-P]

The Director of the Department of Assessments and Taxation proposes to amend Regulations .02 and .03 under COMAR 18.04.07 Acceptance of Documents.

Statement of Purpose

The purpose of this action is to include limited liability limited partnerships, real estate investment trusts and statutory trusts among those entities whose names must be available before their submissions to the Department may be considered accepted and to clarify that certain nonrefundable processing fees are applied to resubmissions.

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 Corbett Webb, Chief of Staff, SDAT, 301 W. Preston Street, 8th Floor, Baltimore, MD 21201, or call 410-767-1142, or email to corbett.webb@maryland.gov. Comments will be accepted through October 1, 2018. A public hearing has not been scheduled.

.02 Procedure.

A. The acceptance date of a document is the date that the document is received by the Department provided the:

(1) (text unchanged)

(2) Name of the corporation, limited partnership, limited liability partnership, limited liability limited partnership, real estate investment trust, statutory trust, or limited liability company, or trade name is available; and

(3) (text unchanged)

B. (text unchanged)

.03 Conditions for Nonrefundable Processing Fees.

If documents are not accepted by the Department, the processing fees referenced in Corporations and Associations Article, §1-203, Annotated Code of Maryland, are[:

A. A] applied to the resubmission of those documents if resubmitted and accepted within 60 days of the date of non-acceptance[; and

B. Nonrefundable in all other circumstances, so that new processing fees must be paid for resubmissions].

MICHAEL HIGGS
Director

 

Subtitle 04 BUSINESS ORGANIZATIONS

18.04.08 Expedited Filing Service

Authority: Corporations and Associations Article, §1-203.2; Tax-Property Article, §2-201; Annotated Code of Maryland

Notice of Proposed Action

[18-217-P]

The Director of the Department of Assessments and Taxation proposes to repeal existing Regulation .05 and amend and recodify existing Regulation .06 to be Regulation .05 under COMAR 18.04.08 Expedited Filing Service.

Statement of Purpose

The purpose of this action is to remove requirements preventing the Department from working with customers to complete expedited service requests regardless of when fees are received, to allow the Department to accept expedited service requests without a cover letter if it is clear that same is requested, to allow the Department to accept one check for multiple transactions, and to remove any reference to facsimile communication with the Department.

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 Corbett Webb, Chief of Staff, SDAT, 301 W. Preston Street, 8th Floor, Baltimore, MD 21201, or call 410-767-1142, or email to corbett.webb@maryland.gov. Comments will be accepted through October 1, 2018. A public hearing has not been scheduled.

[.06] .05 Other Matters.

A. — D. (text unchanged)

[E. Each request shall have a separate check.

F. Hard copy of a document transmitted by the Department by fax is mailed first class to the address specified by the filing party.

G. A document the Department transmits by fax has the same legal force and effect as the original from which the image was taken.

H. The following are not acceptable by fax:

(1) A document that requires the payment of State or local recordation or transfer taxes; or

(2) A request for service when the total fee exceeds $500.]

MICHAEL HIGGS
Director

 

Subtitle 04 BUSINESS ORGANIZATIONS

18.04.10 Administration of Trade Names

Authority: Corporations and Associations Article, §1-406; Tax-Property Article, §2-201; Annotated Code of Maryland

Notice of Proposed Action

[18-220-P]

The Director of the Department of Assessments and Taxation proposes to amend Regulations .01 and .03—.05 under COMAR 18.04.10 Administration of Trade Names.

Statement of Purpose

The purpose of this action is to remove any reference to microfilming trade name certificates by the Department in favor of imaging or scanning them and also to remove certain outdated fees that have been superseded by statute.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Corbett Webb, Chief of Staff, SDAT, 301 W. Preston Street, 8th Floor, Baltimore, MD 21201, or call 410-767-1142, or email to corbett.webb@maryland.gov. Comments will be accepted through October 1, 2018. A public hearing has not been scheduled.

.01 Disposition.

After the trade name certificate has been [microfilmed by the Department] imaged or scanned, the Department may dispose of the original certificate.

.03 Amendments.

A. (text unchanged)

B. The amending certificate shall:

(1) — (3) (text unchanged)

(4) Be accompanied by a fee [of $12] set by Corporations and Associations Article, §1-406, Annotated Code of Maryland.

.04 Cancellation.

A. (text unchanged)

B. The certificate of cancellation shall:

(1) — (3) (text unchanged)

(4) Be accompanied by a fee [of $12] set by Corporations and Associations Article, §1-406, Annotated Code of Maryland.

.05 Renewal.

A. — E. (text unchanged)

F. A completed renewal application shall:

(1) — (3) (text unchanged)

(4) Be accompanied by a fee [of $12] set by Corporations and Associations Article, §1-406, Annotated Code of Maryland.

G. (text unchanged)

MICHAEL HIGGS
Director

 

 


Special Documents

 


DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Commission Meeting

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  The Susquehanna River Basin Commission will hold its regular business meeting on September 7, 2018, in Binghamton, New York. Details concerning the matters to be addressed at the business meeting are contained in the Supplementary Information section of this notice.

 

DATES:  The meeting will be held on Friday, September 7, 2018, at 9 a.m.

 

ADDRESSES:  The meeting will be held at the DoubleTree by Hilton Binghamton, North Riverside Room, 225 Water Street, Binghamton, NY  13901.

 

FOR FURTHER INFORMATION CONTACT:  Gwyn Rowland, Manager, Governmental & Public Affairs, 717-238-0423, ext. 1316.

 

SUPPLEMENTARY INFORMATION:  The business meeting will include actions or presentations on the following items: (1) informational presentation of interest to the upper Susquehanna River region; (2) release of proposed rulemaking and policies for public comment; (3) revisions to financial instruments and policies; (4)ratification/approval of contracts/grants; (5) a report on delegated settlements; (6) a proposed consumptive use mitigation project located in Conoy Township, Lancaster County, Pa.; and (7) Regulatory Program projects.

     Regulatory Program projects and the consumptive use mitigation project listed for Commission action are those that were the subject of a public hearing conducted by the Commission on August 2, 2018, and identified in the notice for such hearing, which was published in 83 FR 31439, July 5, 2018.

     The public is invited to attend the Commission’s business meeting. Comments on the Regulatory Program projects and the consumptive use mitigation project were subject to a deadline of August 13, 2018. Written comments pertaining to other items on the agenda at the business meeting may be mailed to the Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, Pennsylvania 17110-1788, or submitted electronically through http://www.srbc.net/pubinfo/publicparticipation.htm. Such comments are due to the Commission on or before August 31, 2018. Comments will not be accepted at the business meeting noticed herein.

 

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

 

Dated: August 3, 2018.

STEPHANIE L. RICHARDSON
Secretary to the Commission

[18-18-17]

SUSQUEHANNA RIVER BASIN COMMISSION

Actions Taken at June 15, 2018, Meeting

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  As part of its regular business meeting held on June 15, 2018, in Baltimore, Maryland, the Commission took the following actions:  1) approved or tabled the applications of certain water resources projects; and 2) took additional actions, as set forth in the Supplementary Information below.

 

DATES:  June 15, 2018.

 

ADDRESSES: Susquehanna River Basin Commission, 4423 N. Front Street, Harrisburg, PA  17110-1788.

 

FOR FURTHER INFORMATION CONTACT:  Gwyn Rowland, Manager, Governmental and Public Affairs, telephone:  717-238-0423, ext. 1316; fax:  717-238-2436; growland@srbc.net. Regular mail inquiries may be sent to the above address.  See also Commission website at www.srbc.net.

 

SUPPLEMENTARY INFORMATION:  In addition to the actions taken on projects identified in the summary above and the listings below, the following items were also presented or acted upon at the business meeting:  1) election of the member from the State of New York as Chair of the Commission and the member of the Commonwealth of Pennsylvania as Vice Chair of the Commission for the period of July 1, 2018, to June 30, 2019; 2) adoption of FY2019 Regulatory Program Fee Schedule, effective July 1, 2018; 3) adoption of a current expense budget for the period of July 1, 2019, to June 30, 2020; 4) adoption of a resolution authorizing a purchase approval threshold; 5) approval of an agreement, a grant amendment and a subcontract; 6) adoption of a records retention policy; 7) delegation of authority to the Executive Director to enter into certain settlement agreements to resolve violations of regulations or approval conditions; 8) adoption of the FY2019-2021 Water Resources Program; 9) adoption of amendments to the Comprehensive Plan for the Water Resources of the Susquehanna River Basin; and 10) a report on delegated settlements with the following project sponsors, pursuant to Commission Resolution 2014-15:  Briarwood Golf Club, in the amount of $4,000; Sugar Hollow Water Services, in the amount of $8,000; SWEPI LP – Cowanesque River, in the amount of $10,000; and Valley Green Golf Course, in the amount of $1,500 with agreement to add a water source.

 

Project Applications Approved:

The Commission approved the following project applications:

Project Sponsor and Facility:  Brymac, Inc. dba Mountain View Country Club (Pond 3/4), Harris Township, Centre County, Pa.  Surface water withdrawal of up to 0.240 mgd (peak day). 

Project Sponsor and Facility:  Dillsburg Area Authority, Franklin Township, York County, Pa.  Modification to increase groundwater withdrawal by an additional 0.099 mgd (30-day average), for a total groundwater withdrawal of up to 0.200 mgd (30-day average) from Well 3 (Docket No. 20081207).

Project Sponsor and Facility:  Healthy Properties, Inc. (Sugar Creek), North Towanda Township, Bradford County, Pa.  Renewal of surface water withdrawal of up to 0.999 mgd (peak day) (Docket No. 20140602).

Project Sponsor and Facility:  LDG Innovation, LLC (Tioga River), Lawrenceville Borough, Tioga County, Pa.  Renewal of surface water withdrawal of up to 0.750 mgd (peak day) (Docket No. 20140604).

Project Sponsor and Facility:  Lycoming Engines, a Division of Avco Corporation, City of Williamsport, Lycoming County, Pa.  Renewal of groundwater withdrawal of up to 1.440 mgd (30-day average) for groundwater remediation system (Docket No. 19880203).

Project Sponsor and Facility:  Mountain Energy Services, Inc. (Tunkhannock Creek), Tunkhannock Township, Wyoming County, Pa.  Renewal of surface water withdrawal of up to 1.498 mgd (peak day) (Docket No. 20140606).

Project Sponsor and Facility:  Niagara H2O Company (Susquehanna River), Towanda Township, Bradford County, Pa.  Application for surface water withdrawal of up to 1.500 mgd (peak day). 

Project Sponsor and Facility:  Northeast Marcellus Aqua Midstream I, LLC (Susquehanna River), Tunkhannock Township, Wyoming County, Pa.  Surface water withdrawal of up to 5.000 mgd (peak day). 

Project Sponsor and Facility:  Pennsylvania General Energy Company, L.L.C. (Pine Creek), Watson Township, Lycoming County, Pa.  Renewal of surface water withdrawal of up to 0.918 mgd (peak day) (Docket No. 20140609).

Project Sponsor and Facility:  Pro-Environmental, LLC (Martins Creek), Lathrop Township, Susquehanna County, Pa.  Renewal of surface water withdrawal of up to 0.999 mgd (peak day) (Docket No. 20140610).

Project Sponsor and Facility:  Repsol Oil & Gas USA, LLC (Fall Brook), Troy Township, Bradford County, Pa.  Renewal of surface water withdrawal of up to 0.176 mgd (peak day) (Docket No. 20140615).

Project Sponsor and Facility:  Repsol Oil & Gas USA, LLC (Unnamed Tributary to North Branch Sugar Creek), Columbia Township, Bradford County, Pa.  Renewal of surface water withdrawal of up to 0.926 mgd (peak day) (Docket No. 20140616).

Project Sponsor and Facility:  Sugar Hollow Water Services LLC (Bowman Creek), Eaton Township, Wyoming County, Pa.  Renewal of surface water withdrawal of up to 0.249 mgd (peak day) (Docket No. 20140612).

Project Sponsor and Facility:  Susquehanna Gas Field Services, LLC, Meshoppen Borough, Wyoming County, Pa.  Renewal of groundwater withdrawal of up to 0.216 mgd (30-day average) from the Meshoppen Pizza Well (Docket No. 20140613).

Project Sponsor and Facility:  Susquehanna Gas Field Services, LLC (Susquehanna River), Meshoppen Township, Wyoming County, Pa.  Renewal of surface water withdrawal of up to 1.650 mgd (peak day) (Docket No. 20140614).

Project Sponsor and Facility:  Town of Vestal, Broome County, N.Y.  Renewal of groundwater withdrawal of up to 1.440 mgd (30-day average) from Well 4-4 (Docket No. 19810508). 

 

Project Applications Tabled:

The Commission tabled action on the following project applications:

Project Sponsor:  SUEZ Water Pennsylvania Inc.  Project Facility:  Center Square Operation, Upper Allen Township, Cumberland County, Pa.  Application for groundwater withdrawal of up to 0.107 mgd (30-day average) from Well 1.

Project Sponsor:  SUEZ Water Pennsylvania Inc.  Project Facility:  Center Square Operation, Upper Allen Township, Cumberland County, Pa.  Application for renewal of groundwater withdrawal of up to 0.379 mgd (30-day average) from Well 2 (Docket No. 19861104).

Project Sponsor and Facility:  Togg Mountain LLC, Town of Fabius, Onondaga County, N.Y.  Application for consumptive use of up to 0.485 mgd (peak day). 

Project Sponsor and Facility:  Togg Mountain LLC (West Branch of Tioughnioga Creek), Town of Fabius, Onondaga County, N.Y.  Application for surface water withdrawal of up to 2.200 mgd (peak day). 

 

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

 

Dated:  August 7, 2018.

STEPHANIE L. RICHARDSON
Secretary to the Commission

[18-18-20]

 

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Minor Modifications

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  This notice lists the minor modifications approved for a previously approved project by the Susquehanna River Basin Commission during the period set forth in “DATES.”

 

DATES:  June 1-30, 2018.

 

ADDRESSES:  Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA  17110-1788.

 

FOR FURTHER INFORMATION CONTACT:  Jason E. Oyler, General Counsel, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: joyler@srbc.net. Regular mail inquiries may be sent to the above address.

 

SUPPLEMENTARY INFORMATION:  This notice lists previously approved projects, receiving approval of minor modifications, described below, pursuant to 18 CFR § 806.18 for the time period specified above:

 

Minor Modifications Issued Under 18 CFR § 806.18

Furman Foods, Inc., dba Furmano’s, Docket No. 20130608-2, Point Township, Northumberland County, Pa.; approval to add Wells H1, H2, and H4 as additional sources of water for consumptive use; Approval Date:  June 20, 2018.

Furman Foods, Inc., dba Furmano’s, Docket No. 20120621-1, Point Township, Northumberland County, Pa.; approval to changes in the authorized water uses; Approval Date:  June 20, 2018.

 

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

 

Dated:  August 7, 2018.

STEPHANIE L. RICHARDSON
Secretary to the Commission

[18-18-23]

 

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  This notice lists the projects approved by rule by the Susquehanna River Basin Commission during the period set forth in “DATES.”

 

DATES:  June 1-30, 2018.

 

ADDRESSES:  Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA  17110-1788.

 

FOR FURTHER INFORMATION CONTACT:  Jason E. Oyler, General Counsel, 717-238-0423, ext. 1312, joyler@srbc.net. Regular mail inquiries may be sent to the above address.

 

SUPPLEMENTARY INFORMATION:  This notice lists the projects, described below, receiving approval for the consumptive use of water pursuant to the Commission’s approval by rule process set forth in 18 CFR §806.22(e) and §806.22 (f) for the time period specified above:

 

Approvals By Rule Issued Under 18 CFR 806.22(f):

BKV Operating, LLC, Pad ID: Plushanski Well Pad, ABR-201806001, Lemon Township, Wyoming County, Pa.; Consumptive Use of Up to 2.1000 mgd; Approval Date: June 7, 2018.

Cabot Oil & Gas Corporation, Pad ID: BishopB P1, ABR-201305013.R1, Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: June 7, 2018.

Cabot Oil & Gas Corporation, Pad ID: HustonJ P1, ABR-201305014.R1, Brooklyn Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: June 7, 2018.

Cabot Oil & Gas Corporation, Pad ID: HouselR P1, ABR-201305015.R1, Lenox Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: June 7, 2018.

Cabot Oil & Gas Corporation, Pad ID: GillinghamR P1, ABR-201305017.R1, Forest Lake Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: June 7, 2018.

Repsol Oil & Gas USA, LLC, Pad ID: THORNE (07 080) G, ABR-201306005.R1, Apolacon Township, Susquehanna County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: June 7, 2018.

Repsol Oil & Gas USA, LLC, Pad ID: TRAVER (07 081) E, ABR-201306006.R1, Choconut Township, Susquehanna County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: June 7, 2018.

Repsol Oil & Gas USA, LLC, Pad ID: STICKNEY (07 087) A, ABR-201312004.R1, Choconut Township, Susquehanna County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: June 7, 2018.

SWN Production Company, LLC, Pad ID: Heckman Camp (Pad F), ABR-201307001.R1, Herrick Township, Bradford County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: June 7, 2018.

SWN Production Company, LLC, Pad ID: Whipple (Pad 14), ABR-201307003.R1, Herrick Township, Bradford County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: June 7, 2018.

SWN Production Company, LLC, Pad ID: King N (Pad NW1), ABR-201307004.R1, Franklin Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: June 7, 2018.

Range Resources – Appalachia, LLC, Pad ID: Laurel Hill B Unit, ABR-201306004.R1, Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 1.0000 mgd; Approval Date: June 11, 2018.

Cabot Oil & Gas Corporation, Pad ID: ReynoldsR P1, ABR-201306008.R1, Jessup Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: June 21, 2018.

Cabot Oil & Gas Corporation, Pad ID: StarzecE P1, ABR-201306009.R1, Bridgewater Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: June 21, 2018.

SWN Production Company, LLC, Pad ID: TNT LTD PART WEST, ABR-201307002.R1, New Milford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: June 21, 2018.

 

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

 

Dated:  August 7, 2018.

STEPHANIE L. RICHARDSON
Secretary to the Commission

[18-18-21]

 

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Rescinded for Consumptive Uses of Water

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  This notice lists the approved by rule projects rescinded by the Susquehanna River Basin Commission during the period set forth in “DATES.”

 

DATES:  June 1-30, 2018.

 

ADDRESSES:  Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA  17110-1788.

 

FOR FURTHER INFORMATION CONTACT:  Jason E. Oyler, General Counsel, telephone:  (717) 238-0423, ext. 1312; fax:  (717) 238-2436; e-mail:  joyler@srbc.net. Regular mail inquiries may be sent to the above address.

 

SUPPLEMENTARY INFORMATION:  This notice lists the projects, described below, being rescinded for the consumptive use of water pursuant to the Commission’s approval by rule process set forth in 18 CFR §806.22(e) and §806.22(f) for the time period specified above:

 

Rescinded ABR Issued:

Samson Exploration, LLC, Pad ID: Pardee & Curtin Lumber Co. C-04, ABR-20090901.R1, Shippen Township, Cameron County, Pa.; Rescind Date: June 26, 2018.

Samson Exploration, LLC, Pad ID: Pardee & Curtin Lumber Co. C-05, ABR-20100116.R1, Shippen Township, Cameron County, Pa.; Rescind Date: June 26, 2018.

Samson Exploration, LLC, Pad ID: Pardee & Curtin Lumber Co. C-07H, ABR-20100117.R1, Lumber Township, Cameron County, Pa.; Rescind Date: June 26, 2018.

Samson Exploration, LLC, Pad ID: Pardee & Curtin Lumber Co. C-09H, ABR-20091103.R1, Shippen Township, Cameron County, Pa.; Rescind Date: June 26, 2018.

Samson Exploration, LLC, Pad ID: Pardee & Curtin Lumber Co. C-12H, ABR-201011062.R1, Shippen Township, Cameron County, Pa.; Rescind Date: June 26, 2018.

Samson Exploration, LLC, Pad ID: Pardee & Curtin Lumber Co. C-17H, ABR-201108016.R1, Shippen Township, Cameron County, Pa.; Rescind Date: June 26, 2018.

SWEPI, LP, Pad ID: Benson 130D, ABR-20091012.R1, Richmond Township, Tioga County, Pa.; Rescind Date: June 27, 2018.

SWEPI, LP, Pad ID: Brumwell 657 revised, ABR-201401003, Richmond Township, Tioga County, Pa.; Rescind Date: June 27, 2018.

SWEPI, LP, Pad ID: Owlett 843R, ABR-201204007.R1, Middlebury Township, Tioga County, Pa.; Rescind Date: June 27, 2018.

SWN Production Company, LLC, Pad ID: Belcher, ABR-201011015.R1, Clifford Township, Susquehanna County, Pa.; Rescind Date: June 28, 2018.

SWN Production Company, LLC, Pad ID: CSB, ABR-201108013.R1, Cherry Township, Sullivan County, Pa.; Rescind Date: June 28, 2018.

SWN Production Company, LLC, Pad ID: McNamara Well Pad, ABR-201203011.R1, Silver Lake Township, Susquehanna County, Pa.; Rescind Date: June 28, 2018.

SWN Production Company, LLC, Pad ID: Shively Pad, ABR-201108011.R1, Lenox Township, Susquehanna County, Pa.; Rescind Date: June 28, 2018.

SWN Production Company, LLC, Pad ID: Stang Well No. 1, ABR-20090941.R1, Rush Township, Susquehanna County, Pa.; Rescind Date: June 28, 2018.

SWN Production Company, LLC, Pad ID: Tall Maples, ABR-201010056.R1, Elkland Township, Sullivan County, Pa.; Rescind Date: June 28, 2018.

 

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

 

Dated:  August 7, 2018.

 

STEPHANIE L. RICHARDSON
Secretary to the Commission

[18-18-22]

 

WATER AND SCIENCE ADMINISTRATION

Tentative Determination to Modify a Stormwater Permit

Anne Arundel County, Maryland

 

     The Maryland Department of the Environment (MDE) has reached a tentative determination to modify the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer (MS4) permit issued to Anne Arundel County to control storm drain system pollutant discharges.  MDE has drafted permit modifications designed to comply with the United States Environmental Protection Agency’s (EPA) regulations, control stormwater pollutant discharges from the County’s storm drain system, and allow Anne Arundel County to use Maryland’s newly authorized nutrient trading program as an option to meet its 20 percent impervious surface restoration requirement.

 

     The EPA regulations (40 CFR Part122.62) and current permit conditions (see PartVII.E.1, Permit Revocation and Modification) allow for NPDES permits to be modified for an appropriate cause.  Anne Arundel County officially requested a modification of its current permit (Discharge Permit Number 11-DP-3316 MD0068306) on August 10, 2018 to allow the use of nutrient trading to meet the 20 percent impervious surface restoration requirement by the end of the current permit term (i.e., February 11, 2019).  MDE has determined the use of nutrient credits by the County for meeting the 20 percent impervious surface restoration requirement is acceptable.  Therefore, MDE hereby proposes to add a new paragraph that allows for nutrient trading to meet this requirement in PART IV.E.3; and to rename the original permit’s PART IV.E.3 and PART IV.E.4 as PART IV.E.4 and PART IV.E.5, respectively. 

 

     For more information on stormwater management in Maryland or to view the proposed permit modifications go to: https://mde.maryland.gov/programs/Water/StormwaterManagementProgram/Pages/storm_gen_permit.aspx or contact Mr. Raymond Bahr at 410-537-3545 or 1-800-633-6101.  Copies of the document may be procured at a cost of $0.36 per page.  MDE will hold a public hearing concerning the tentative determination to modify Anne Arundel County’s MS4 permit on Thursday, October 18, 2018 at 5 PM, MDE first floor, 1800 Washington Boulevard, Baltimore, Maryland, 21230. Comments on this tentative determination to modify Anne Arundel County’s MS4 permit will be accepted by Raymond Bahr, Maryland Department of the Environment, Water and Science Administration, 1800 Washington Boulevard, Baltimore, Maryland, 21230, or raymond.bahr@maryland.gov, if received within 90 days of publication of this notice. The 60-day extension of the comment period allowed for by section 1-606 (d) (1) (ii) of the Maryland Environmental Article is being invoked to extend the usual 30-day comment period to 90 days.  

[18-18-27]

 

WATER AND SCIENCE ADMINISTRATION

Tentative Determination to Modify a Stormwater Permit —

Baltimore County, Maryland

 

     The Maryland Department of the Environment (MDE) has reached a tentative determination to modify the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer (MS4) permit issued to Baltimore County to control storm drain system pollutant discharges.  MDE has drafted permit modifications designed to comply with the United States Environmental Protection Agency’s (EPA) regulations, control stormwater pollutant discharges from the County’s storm drain system, and allow Baltimore County to use Maryland’s newly authorized nutrient trading program as an option to meet its 20 percent impervious surface restoration requirement.

 

     The EPA regulations (40 CFR Part122.62) and current permit conditions (see PartVII.E.1, Permit Revocation and Modification) allow for NPDES permits to be modified for an appropriate cause.  Baltimore County officially requested a modification of its current permit (Discharge Permit Number 11-DP-3317 MD0068314) on July 18, 2018 to allow the use of nutrient trading to meet the 20 percent impervious surface restoration requirement by the end of the current permit term (i.e., December 23, 2018).  MDE has determined the use of nutrient credits by the County for meeting the 20 percent impervious surface restoration requirement is acceptable.  Therefore, MDE hereby proposes to add a new paragraph that allows for nutrient trading to meet this requirement in PART IV.E.3; and to rename the original permit’s PART IV.E.3 and PART IV.E.4 as PART IV.E.4 and PART IV.E.5, respectively. 

 

     For more information on stormwater management in Maryland or to view the proposed permit modifications go to: https://mde.maryland.gov/programs/Water/StormwaterManagementProgram/Pages/storm_gen_permit.aspx or contact Mr. Raymond Bahr at 410-537-3545 or 1-800-633-6101.  Copies of the document may be procured at a cost of $0.36 per page.  MDE will hold a public hearing concerning the tentative determination to modify Baltimore County’s MS4 permit on Thursday, October 11, 2018 at 5 PM, MDE first floor, 1800 Washington Boulevard, Baltimore, Maryland, 21230. Comments on this tentative determination to modify Baltimore County’s MS4 permit will be accepted by Raymond Bahr, Maryland Department of the Environment, Water and Science Administration, 1800 Washington Boulevard, Baltimore, Maryland, 21230, or raymond.bahr@maryland.gov, if received within 90 days of publication of this notice. The 60-day extension of the comment period allowed for by section 1-606 (d) (1) (ii) of the Maryland Environmental Article is being invoked to extend the usual 30-day comment period to 90 days. 

[18-18-18]

 

 


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.

 


MARYLAND COLLECTION AGENCY LICENSING BOARD

Subject: Public Meeting

Date and Time: September 6, 2018, 10:30 a.m.

Place: Office of the Commissioner of Financial Regulation, 500 N. Calvert St., 2nd Fl. Conf. Rm., Baltimore, MD

Contact: Devki Dave (410) 230-6019

[18-18-33]

 

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, #9 MDE Secretary’s Agenda Item, May 2, 2018, we submit for publication the following cancellation of bond authorizations in accordance with the above referenced articles:

CBWQ Biological Nutrient Removal Program: Ch. 424, Acts of 2013; $69,416; authorized the funds for projects to remove nutrients at publicly owned sewage treatment works.

CBWQ Supplemental Assistance Program: Ch. 424, Acts of 2013; $377; authorized the funds to provide assistance to grant and loan recipients to meet the local share of construction costs.

CBWQ Biological Nutrient Removal Program: Ch. 463, Acts of 2014; $61,785; authorized the funds in grants for projects to remove nutrients at publicly owned sewage treatment works.

CBWQ Supplemental Assistance Program: Ch. 463, Acts of 2014; $54,721; authorized the funds in grants to provide assistance to grant and loan recipients to meet the local share of construction costs.

Contact: Re Rentuma (410) 260-7909

[18-18-24]

 

COMMISSION ON CRIMINAL SENTENCING POLICY

Subject: Public Meeting

Date and Time: September 17, 2018, 5:30 p.m. — 7:30 p.m.

Place: Judicial College Education and Conference Center, 2011D Commerce Park Dr., Annapolis, MD

Contact: David Soule (301) 403-4165

[18-18-07]

 

BOARD OF DIETETIC PRACTICE

Subject: Public Meeting

Date and Time: September 20, 2018, 10 a.m. — 12 p.m.

Place: 4201 Patterson Ave., Rm. 106, Baltimore, MD

Contact: Lenelle Cooper (410) 764-4733

[18-18-29]

 

EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL

Subject: Public Meeting

Date and Time: September 6, 2018, 1 — 3 p.m.

Place: 653 W. Pratt St., Ste. 212, Baltimore, MD

Add'l. Info: The State Emergency Medical Services Advisory Council meets regularly on the 1st Thursday of each month.

Contact: Leandrea Gilliam (410) 706-4449

[18-18-04]

 

EMERGENCY MEDICAL SERVICES BOARD

Subject: Public Meeting

Date and Time: September 11, 2018, 9 — 11 a.m.; part of the meeting may include a closed session

Place: 653 W. Pratt St., Ste. 212, Baltimore, MD

Add'l. Info: The State Emergency Medical Services Board (EMS Board) meets regularly on the 2nd Tuesday of each month.

Contact: Leandrea Gilliam (410) 706-4449

[18-18-03]

 

DEPARTMENT OF THE ENVIRONMENT/AIR AND RADIATION ADMINISTRATION

Subject: Public Hearing

Date and Time: September 24, 2018, 2 — 3 p.m.

Place: Maryland Dept. of the Environment, 1800 Washington Blvd., 1st Fl. Conf. Rm., Baltimore, MD 21230

Add'l. Info: The Maryland Department of the Environment (MDE) gives notice of a public hearing concerning the State of Maryland 8-Hour Ozone — 0.070 ppm National Ambient Air Quality Standard Implementation, Maintenance, and Enforcement State Implementation Plan.

     This document consists of Maryland’s State Implementation Plan (SIP) Revision developed for the purpose of providing for the implementation, maintenance, and enforcement of the National Ambient Air Quality Standards (NAAQS) set forth by the Clean Air Act (CAA), as the requirements apply to the 2015 0.070 ppm 8-hour ozone standard. This document is a revised and updated version of the infrastructure SIP that Maryland submitted in 2012, in response to the 2008 0.075 ppm 8-hour ozone standard.

     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 SIP 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 Blvd, Suite 730, Baltimore, MD.

     Comments may be sent to Jess Herpel, Maryland Department of the Environment, Air and Radiation Administration, 1800 Washington Blvd, Suite 730, Baltimore, MD, 21230 or emailed to jessica.herpel@maryland.gov.

     Comments must be received by 5 p.m. on September 24, 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 Jess Herpel at (410) 537-3594 (Toll free in Maryland call 1-(800) 633-6101 ext. 3594) or via email at jessica.herpel@maryland.gov.

Contact: Jess Herpel (410) 537-3594

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Public Hearing

Date and Time: November 1, 2018, 9 a.m. — 12 p.m.

Place: West Village Commons — Towson University, 424 Emerson Dr., Towson, MD 21204

Add'l. Info: Meeting of the Maryland Medicaid Pharmacy Program’s Pharmacy & Therapeutics Committee (Preferred Drug List). As soon as available, classes of drugs to be reviewed, speaker registration guidelines, and directions to meeting location will be posted on the Maryland Medicaid Pharmacy Program website at: https://mmcp.health.maryland.gov/pap/Pages/Public-Meeting-Announcement-and-Procedures-for-Public-Testimony.aspx.

     Submit questions via email to mdh.marylandpdlquestions@maryland.gov.

Contact: Shawn Brice (410) 767-6896

[18-18-11]

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Receipt of Application

Add'l. Info: The Maryland Department of Health (MDH) is currently accepting applications and nominations for physicians and pharmacists to serve on the Maryland Medicaid Drug Utilization Review (DUR) Board beginning January 2019. The implementation of the Omnibus Budget Reconciliation Act of 1990 (OBRA 90), §1927g(3), requires that the MDH establish a Medicaid DUR Board.  The DUR Board is comprised of licensed and actively practicing physicians and pharmacists in Maryland and has been in operation since November 1992. The activities of the DUR Board include but are not limited to:

·    Assisting the Department with overseeing retrospective and prospective drug use review within the Maryland Medicaid Pharmacy Program (MMPP).

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

·    Approving DUR criteria and standards.

·    Advising the MMPP in the area of enrollment of participants into the Corrective Managed Care Program through the DUR Board’s Corrective Managed Care (CMC) Advisory Committee.  This subcommittee of the DUR Board reviews individual participants profiles to identify patterns of fraud, abuse, or misuse of Medicaid prescription drugs and develops CMC enrollment recommendations by considering the Lock-In Criteria for participants (as defined by the CMC Advisory Committee Policy and Procedures).

The DUR Board has quarterly 3 — 4 hour meetings in the Baltimore area. Meetings are normally scheduled on the first Thursday morning during the months of March, June, September, and December. Members are appointed by the Secretary of MDH and serve terms of 3 years from the date of their appointment with the option to serve an additional 3 year term.

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

(1) The clinically appropriate prescribing of outpatient drugs.

(2) The clinically appropriate dispensing and monitoring of outpatient drugs.

(3) Drug use review, evaluation, and intervention.

(4) Medical quality assurance.

All interested applicants are required to submit a formal application through the Maryland Department of Health’s (MDH) Office of Appointments and Executive Nominations application link at http://forms.dhmh.maryland.gov.   Applications must be submitted no later than Friday, September 14, 2018.

Any additional questions regarding applications may be addressed to Gina Homer at the Medicaid Pharmacy Program (gina.homer@maryland.gov) or 410-767-1749.

Contact: Gina Homer (410) 767-1749

[18-18-13]

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Public Notice/Legal Notice for State of Maryland Department of Health Alternative Benefit Plan

Add'l. Info: Pursuant to 42 CFR §440.305(d) and 42 CFR §440.386, notice is hereby given that the Secretary of the Maryland Department of Health (the Department) intends to seek approval from the Centers for Medicare and Medicaid Services (CMS) of a State Plan Amendment to amend the Alternative Benefit Plan (ABP) authorized under section 1937 of the Social Security Act for individuals 19 to 64 years who are eligible for Medicaid pursuant to §1902(a)(10)(A)(i)(VIII) of the Social Security Act, the adult expansion population.

The Maryland Medicaid State Plan has expanded to include audiology services to Maryland Medicaid participants. Full details, including the covered services, limitations and pre-authorization requirements are available here: https://health.maryland.gov/regs/Pages/10-09-51-.aspx. The Department previously consulted on the proposal to expand the State Plan. This public notice is to consult on the Department’s intention to amend the ABP to include these services, to bring it into alignment with the Maryland Medicaid State Plan.

The proposed amendment complies with the America Recovery and Reinvestment Act of 2009. Additionally, the ABP will continue to include the full range of Early and Periodic Screening, Diagnosis and Treatment (EPSDT) program benefits for individuals under the age of 21 years. Please refer to
the Maryland Healthy Kids Program at https://mmcp.health.maryland.gov/epsdt/Pages/Home.aspx for more details on the EPSDT benefits available. Additional information regarding Medicaid-covered services that are available in the ABP can be found in the Code of Maryland Regulations at: http://www.dsd.state.md.us/comar/SubtitleSearch.aspx?search=10.09.23.

Comments regarding the Department’s proposed State Plan Amendment to amend the ABP for individuals aged 19 to 64 years who are eligible for Medicaid pursuant to §1902(a)(10)(A)(i)(VIII) of the Social Security Act may be sent to the Maryland Department of Health, Planning Administration, 201 W. Preston St., Rm. 224, Baltimore, MD 21202 or emailed to tricia.roddy@maryland.gov.

Correspondences should be directed to Tricia Roddy, Director of Planning.

Contact: Tricia Roddy (410) 767-5809

[18-18-31]

 

MARYLAND DEPARTMENT OF HEALTH/TASK FORCE TO STUDY ACCESS TO HOME HEALTH CARE FOR CHILDREN AND ADULTS WITH MEDICAL DISABILITIES

Subject: Public Meeting

Date and Time: September 6, 2018, 1:30 — 3:30 p.m.; Additional Date: September 26, 2018

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

Add'l. Info: Meeting regarding the Report on Home-and Community Based Services as required by H.B. 1696 (Ch. 798, Acts of 2018).

Contact: Yasmine Haughton (410) 767-5186

[18-18-10]

 

HISTORIC ST. MARY'S CITY COMMISSION

Subject: Public Meeting

Date and Time: September 22, 2018, 10 — 11:30 a.m.

Place: 18281 Rosecroft Rd., St. Mary's City, MD

Contact: Porzia Purves (240) 895-4960

[18-18-09]

 

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: September 20, 2018, 10 a.m. — 12 p.m.

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

Contact: Kathy Lingo (410) 230-8790

[18-18-12]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: September 20, 2018, 1 p.m. — 4 p.m.

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

Contact: Valerie Wooding (410) 764-3570

[18-18-05]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Formal Start of Review

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

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

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

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

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

Persons desiring to become interested parties in the Commission’s review of the above-referenced applications must meet the requirements of COMAR 10.24.01.01B(2) and (20) and must also submit written comments to the Commission no later than close of business October 1, 2018. These comments must state with particularity the State Health Plan standards or review criteria that you believe have not been met by the applicants as stated in COMAR 10.24.01.08F.

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

Contact: Ruby Potter (410) 764-3276

[18-18-15]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Receipt of Application

Add'l. Info: On August 3, 2018 the Maryland Health Care Commission (MHCC) received a Certificate of Need application submitted by:

University of Maryland Medical Center — Matter No. 18-24-2429 — Establishment of a 16-bed inpatient acute psychiatric unit for treatment of children and adolescents, thereby adding adolescent services to UMMC’s inpatient psychiatric services. Proposed cost: $9,580,000

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

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

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

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

Contact: Ruby Potter (410) 764-3276

[18-18-16]

 

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Subject: Public Meeting

Date and Time: September 21, 2018, 9 a.m. — 12 p.m.

Place: Spring Grove Hospital Campus, Bland Bryant Bldg., 55 Wade Ave., Catonsville, MD

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

Contact: Lauren Murray (410) 402-8556

[18-18-08]

 

BOARD OF REVENUE ESTIMATES

Subject: Public Meeting

Date and Time: September 24, 2018, 2 — 3 p.m.

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

Add'l. Info: September Board Meeting

Contact: Kynara Fogan (410) 260-7450

[18-18-14]

 

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

[18-18-01]

 

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

[18-18-02]

 

MARYLAND DEPARTMENT OF TRANSPORTATION/BOARD OF AIRPORT ZONING APPEALS (BAZA)

Subject: Public Hearing

Date and Time: September 24, 2018, 10 a.m.

Place: MDOT Headquarters, 7201 Corporate Center Dr., Hanover, MD

Add'l. Info: The Board will hear the following cases:

     Docket Number 411

Northrop Grumman Corporation is proposing to utilize a temporary crane for the replacement of a Cooling Tower Unit on the building rooftop at 7323 Aviation Boulevard, Linthicum, Maryland 21090. This location is approximately 1,350 feet west of Runway 15R at Baltimore Washington Thurgood Marshall International Airport (BWI Marshall). The proposed height of the temporary crane is 230 feet above ground level (AGL)/333 feet mean sea level (MSL). The temporary crane height will exceed the Code of Federal Regulations (FAR) Part 77, Objects Affecting Navigable Airspace by 110 feet. The Appellant has filed FAA Form 7460-1, Notice of Proposed Construction or Alteration (ASN# 2018-AEA-9507-OE) with the Federal Aviation Administration and is awaiting their case determination. Code of Maryland Regulations (COMAR) 11.03.06.03 and 11.03.06.04 — Height Limits in Airport Districts, enables the proponent to seek a variance from the Board of Airport Zoning Appeals for any proposed penetration of FAR Part 77. Therefore, the Maryland Aviation Administration will present BAZA Case 411 to the Board of Airport Zoning Appeals September 24, 2018, at 10 a.m.

Appropriate auxiliary aids and services for qualified individuals with disabilities will be provided upon request.  Please call 410-865-1233 (voice) or MD Relay (TTY Users).

Contact: Deborah Mahoney-Fowler (410) 865-1233

[18-18-32]

 

MARYLAND COLLEGE COLLABORATION FOR STUDENT VETERANS COMMISSION

Subject: Public Meeting

Date and Time: September 12, 2018, 11 a.m. — 1 p.m.

Place: 101 Braddock Rd., Frostburg, MD

Contact: Denise Nooe (410) 260-3840

[18-18-26]

 

WORKERS' COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: September 13, 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

[18-18-06]

 

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

Subject: Public Meeting

Date and Time: September 18, 2018, 9 a.m. — 12 p.m.

Place: Heat and Frost Insulators and Allied Workers Local No. 24 Joint Apprenticeship Committee, 901 Montgomery St., Laurel, MD

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

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

[18-18-28]

 

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

Subject: Public Notice

Add'l. Info: Effective August 9, 2018, the Maryland Apprenticeship and Training Council canceled and deregistered the defunct apprenticeship programs of A.R.E. Fire Protection Services, Inc.; Abingdon Montessori School; Alton P. Burgess Electrical Contractor, Inc.; AM Machine Company, Inc.; Diamond Sheet Metal; Eastern Shore Refrigeration, Inc.; Elizabeth L. Phillips Funeral Home P.A.; Ewings Electric; Greater Laurel Nursing Home, Inc.; Greenbelt Nursing Center; MARCOR Delmarva, Inc.; Micro Machining, Inc.; Milestone Tarant, LLC; Movements Unlimited Performing Arts Company, Inc.; Norman Evans Masonry, Inc.; and the Office of Dr. Mansourr G. Panah, M.D., P.A.

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

[18-18-25]