Capitol Building Maryland Register

Issue Date: January 4, 2019

Volume 46 • Issue 1 • Pages 1—40

IN THIS ISSUE

Judiciary

Division of State Documents

Regulations

Errata

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before December 17, 2018 5 p.m.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 December 17, 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 ..........................................................................  5

 

COMAR Research Aids

Table of Pending Proposals ...............................................................  6

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

01        Executive Department ..........................................................  11

05        Department of Housing and Community Development .......  16

08        Department of Natural Resources ........................................  15

09        Department of Labor, Licensing, and Regulation ...........  11, 16

10        Maryland Department of Health .....................................  12, 22

11        Department of Transportation ........................................  12, 25

13A     State Board of Education ......................................................  26

13B     Maryland Higher Education Commission ............................  12

14        Independent Agencies ......................................................  1654

26        Department of the Environment ...........................................  14

31        Maryland Insurance Administration .....................................  13

36        Maryland State Lottery and Gaming Control
               Agency ..............................................................................  13

 

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 Division of State Documents

DEPOSITORIES FOR DOCUMENTS INCORPORATED BY
   REFERENCE .  9

 

The Judiciary

COMMISSION ON JUDICIAL DISABILITIES

NOTICE OF PUBLIC CHARGES AND HEARING
   IN THE MATTER OF JUDGE AMY NICKERSON —
   CJD 2018-033
................................................................... 10

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ...................................  10

 

Final Action on Regulations

01  EXECUTIVE DEPARTMENT

SECRETARY OF STATE

Maryland Safe at Home Address Confidentiality
   Program ..  11

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

REAL ESTATE COMMISSION

General Regulations .  11

COMMISSION OF REAL ESTATE APPRAISERS,
   APPRAISAL MANAGEMENT COMPANIES, AND HOME
   INSPECTORS — REAL ESTATE APPRAISERS

Work Experience Requirements .  11

General Regulations .  11

COMMISSION OF REAL ESTATE APPRAISERS,
   APPRAISAL MANAGEMENT COMPANIES, AND HOME
   INSPECTORS — HOME INSPECTORS

General Regulations .  11

Responsibilities of Licensees .  11

COMMISSION OF REAL ESTATE APPRAISERS,
   APPRAISAL MANAGEMENT COMPANIES, AND HOME
   INSPECTORS — APPRAISAL MANAGEMENT
   COMPANIES

General Regulations .  12

10  DEPARTMENT OF HEALTH AND MENTAL HYGIENE

MARYLAND HEALTH CARE COMMISSION

State Health Plan for Facilities and Services: Specialized
   Health Care Services — Cardiac Surgery and Percutaneous
   Coronary Intervention Services .  12

13B MARYLAND HIGHER EDUCATION COMMISSION

FINANCIAL AID

Workforce Development Sequence Scholarship .  12

31  MARYLAND INSURANCE ADMINISTRATION

PROPERTY AND CASUALTY INSURANCE

Underwriting Period .  13

HEALTH INSURANCE — GENERAL

Standards for Medicare Supplement Policies .  13

36  MARYLAND STATE LOTTERY AND GAMING
   CONTROL AGENCY

GENERAL PROVISIONS

General  13

Administrative Procedures .  13

Voluntary Exclusion and Responsible Gaming .  13

LOTTERY PROVISIONS

General  13

Retailer Licensing .  13

Retailer Requirements .  13

Common Provisions for All Lottery Games .  13

Specific Game Provisions .  13

Claims Procedures .  13

Unclaimed Lottery Prizes .  13

Voluntary Assignment of Monetary Prizes .  13

GAMING PROVISIONS

General  13

TABLE GAMES

Table Game Equipment  13

ONLINE FANTASY COMPETITION

Fantasy Competition .  13

 

Withdrawal of Regulations

26  DEPARTMENT OF THE ENVIRONMENT

REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL,
   AND SOLID WASTE

Sewage Disposal and Certain Water Systems for Homes and
   Other Establishments in the Counties of Maryland Where a
   Public Sewage System Is Not Available .  14

 

Proposed Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

OFFICE OF THE SECRETARY

Chesapeake Forest Lands .  15

FORESTS AND PARKS

State Forests .  15

09 DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

DIVISION OF LABOR AND INDUSTRY

Model Performance Code .  16

Maryland Building Performance Standards .  16

Industrialized Buildings and Manufactured Homes .  16

Maryland Accessibility Code .  16

Minimum Livability Code .  16

Safety Glazing .  16

Maryland Rehabilitation Code Regulations .  16

STATE ATHLETIC COMMISSION

Applications and Licensing .  22

10  DEPARTMENT OF HEALTH AND MENTAL HYGIENE

MEDICAL CARE PROGRAMS

Dental Services .  22

11  DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION — LICENSING OF
   BUSINESSES AND OCCUPATIONS

Dealers and Salesmen .  25

Title Service Agents .  25

13A  STATE BOARD OF EDUCATION

SPECIFIC SUBJECTS

Gifted and Talented Education

Correction to Notice of Open Meeting .  26

CERTIFICATION

Administrators and Supervisors

Correction to Notice of Open Meeting .  26

 

Errata

COMAR 10.34.05.05 .  27

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water  28

Projects Approved for Consumptive Uses of Water  28

Actions Taken at December 6, 2018, Meeting .  29

WATER AND SCIENCE ADMINISTRATION

Final Determination to Modify a Stormwater Permit —
   Prince George’s County, Maryland .  30

MARYLAND HEALTH CARE COMMISSION

SCHEDULES FOR CERTIFICATE OF NEED
   REVIEW
..........................................................................  31

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Proposed Additions to Handgun Roster and Notice of
   Right to Object or Petition .  32

DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSPORTATION AUTHORITY

Notice of Submission and Posting of Presolicitation
   Report for I-495 & I-270 Public-Private Partnership (P3)
   Program ..  35

OFFICE OF MINORITY BUSINESS ENTERPRISE

Announcement of Calendar Year 2019 Limitation on the
   Personal Net Worth (PNW) of a Socially and
   Economically Disadvantaged Individual as It Relates
   to Certification of a Minority Business Enterprise
   (MBE) ...............................................................................  35

 

General Notices

COMPTROLLER OF THE TREASURY/ADMINISTRATION
   AND FINANCE

Announcement  36

GOVERNOR'S OFFICE OF CRIME CONTROL AND
   PREVENTION

Public Hearing .  36

Public Meeting .  36

BOARD OF DIETETIC PRACTICE

Public Meeting .  36

MARYLAND STATE DEPARTMENT OF EDUCATION

Public Hearing .  36

EMERGENCY MEDICAL SERVICES BOARD

Public Meeting .  36

MARYLAND DEPARTMENT OF HEALTH/ STATE
   COMMUNITY HEALTH WORKER ADVISORY
   COMMITTEE

Public Meeting .  36

Public Meeting .  36

Public Meeting .  36

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .  37

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  37

Formal Start of Review ..  37

Notice of Project Change .  37

DEPARTMENT OF NATURAL RESOURCES/FISHERIES
   SERVICE

Public Notice — 2019 Summer Flounder Season, Size Limit
   and Creel Limit — Effective 1/1/19 .  37

DEPARTMENT OF NATURAL RESOURCES/FISHING AND
   BOATING SERVICES

Public Notice — Commercial Striped Bass Chesapeake
   Bay Individual Transferable Quota Gill Net Season
   Modification .  37

Public Notice — Commercial Striped Bass Common Pool
   Gill Net Season Modification — Effective 12/18/18 .  37

Public Notice — Commercial Striped Bass Common Pool
   Gill Net Season Modification — Effective 1/8/19 .  37

Public Notice — Changes to the Recreational and
   Commercial Tautog Fishery — Effective 1/1/19 .  38

Public Notice — 2019 Commercial Atlantic Menhaden Quota
   and Season — Effective 1/1/19 .  38

Public Notice — 2019 Recreational Cobia Fishery —
   Effective 1/1/19 .  38

Public Notice — 2019 Commercial Shark Catch Limits —
   Effective 1/1/19 .  38

Public Notice — 2019 Recreational Black Sea Bass Fishery
   — Effective 1/1/19 .  38

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Public Meeting .  38

MARYLAND DEPARTMENT OF TRANSPORTATION

Public Hearing ..........................................................................  39

MARYLAND DEPARTMENT OF TRANSPORTATION/
   OFFICE OF MINORITY BUSINESS ENTERPRISE

Public Meeting .  39

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND
   VETERANS COMMISSION

Public Meeting .  39

BOARD OF WELL DRILLERS

Public Meeting .  39

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

Public Notice.............................................................................  39

 

 

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.

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.

 


01 EXECUTIVE DEPARTMENT

 

01.02.11.01—.10,.14,.16—.22 • 45:23 Md. R. 1073 (11-9-18)

 

03 COMPTROLLER OF THE TREASURY

 

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

03.06.01.33 • 45:19 Md. R. 867 (9-14-18)

 

04 DEPARTMENT OF GENERAL SERVICES

 

04.05.01.07 • 45:26 Md. R. 1250 (12-21-18)

04.05.02.02 • 45:26 Md. R. 1250 (12-21-18)

 

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

05.02.01.01—.07 • 46:1 Md. R. 16 (1-4-19) (ibr)

05.02.02.01—.12 • 46:1 Md. R. 16 (1-4-19)

05.02.03.01—.07 • 46:1 Md. R. 16 (1-4-19)

05.02.04.01—.18 • 46:1 Md. R. 16 (1-4-19) (ibr)

05.02.06.01,.02 • 46:1 Md. R. 16 (1-4-19)

05.02.07.01—.09 • 46:1 Md. R. 16 (1-4-19) (ibr)

05.16.01.01—.08 • 46:1 Md. R. 16 (1-4-19)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.01.07.13 • 46:1 Md. R. 16 (1-4-19)

08.02.01.16 • 45:24 Md. R. 1166 (11-26-18)

08.02.04.17 • 45:25 Md. R. 1208 (12-7-18) (ibr)

08.02.05.15 • 45:26 Md. R. 1251 (12-21-18)

08.02.14.10 • 45:24 Md. R. 1166 (11-26-18)

08.02.23.03,.05 • 45:25 Md. R. 1208 (12-7-18)

08.07.01.03,.17 • 46:1 Md. R. 15 (1-4-19)

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

09.08.01.27 • 45:24 Md. R. 1167 (11-26-18)

09.08.07.01,.02 • 45:20 Md. R. 923 (9-28-18)

09.12.50.01—.07 • 46:1 Md. R. 16 (1-4-19) (ibr)

09.12.51.01—.09 • 46:1 Md. R. 16 (1-4-19) (ibr)

09.12.52.01—.18 • 46:1 Md. R. 16 (1-4-19) (ibr)

09.12.53.01—.12 • 46:1 Md. R. 16 (1-4-19)

09.12.54.01—.07 • 46:1 Md. R. 16 (1-4-19)

09.12.55.01,.02 • 46:1 Md. R. 16 (1-4-19)

09.12.58.01—.08 • 46:1 Md. R. 16 (1-4-19)

09.14.02.08 • 46:1 Md. R. 22 (1-4-19)

09.17.01.04 • 45:21 Md. R. 979 (10-12-18)

09.21.02.01 • 45:24 Md. R. 1168 (11-26-18)

09.22.01.16 • 45:23 Md. R. 1077 (11-9-18)

09.24.01.06 • 45:21 Md. R. 980 (10-12-18)

09.26.01.07 • 45:26 Md. R. 1253 (12-21-18)

09.28.02.07 • 45:24 Md. R. 1168 (11-26-18)

09.29.01.06 • 45:24 Md. R. 1169 (11-26-18)

09.32.01.05 • 45:19 Md. R. 869 (9-14-18)

09.34.01.11,.13 • 45:21 Md. R. 982 (10-12-18)

09.35.04.10 • 45:21 Md. R. 982 (10-12-18)

09.38.01.05 • 45:21 Md. R. 983 (10-12-18)

 

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

 

         Subtitles 01—08 (1st volume)

 

10.01.04.02 • 45:24 Md. R. 1169 (11-26-18)

 

          Subtitle 09 (2nd volume)

 

10.09.05.01—.05,.07 • 46:1 Md. R. 22 (1-4-19)

10.09.07.08 • 45:23 Md. R. 1077 (11-9-18)

10.09.10.07,.08,.11,.13 • 45:23 Md. R. 1080 (11-9-18)

10.09.20.14 • 45:23 Md. R. 1077 (11-9-18)

10.09.24.02,.03,.08-2 • 45:26 Md. R. 1253 (12-21-18)

10.09.27.06 • 45:23 Md. R. 1077 (11-9-18)

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

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

10.09.53.07 • 45:23 Md. R. 1077 (11-9-18)

10.09.54.22 • 45:23 Md. R. 1077 (11-9-18)

10.09.56.22 • 45:23 Md. R. 1077 (11-9-18)

10.09.84.24 • 45:23 Md. R. 1077 (11-9-18)

 

     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)

10.22.17.06,.07,.08 • 45:26 Md. R. 1255 (12-21-18)

10.22.18.04 • 45:26 Md. R. 1255 (12-21-18)

 

     Subtitles 23 — 36 (4th Volume)

 

10.24.08.01 • 45:25 Md. R. 1210 (12-7-18) (ibr)

10.24.20.01 • 45:25 Md. R. 1211 (12-7-18) (ibr)

10.27.01.01,.13 • 45:24 Md. R. 1170 (11-26-18)

10.27.06.01—.06 • 45:26 Md. R. 1264 (12-21-18)

10.27.17.01—.06 • 45:26 Md. R. 1265 (12-21-18)

10.32.05.01—.07 • 45:24 Md. R. 1171 (11-26-18)

10.34.05.05 • 45:26 Md. R. 1267 (12-21-18)

10.34.09.02 • 45:26 Md. R. 1267 (12-21-18)

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

 

     Subtitles 37—66 (5th Volume)

 

10.42.01.01,.02,.04—.18 • 45:21 Md. R. 989 (10-12-18)

10.42.02.02—.06 • 45:21 Md. R. 989 (10-12-18)

10.42.08.01—.11 • 45:21 Md. R. 989 (10-12-18)

10.42.09.01,.04,.07 • 45:21 Md. R. 989 (10-12-18)

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

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

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

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

10.60.02.06 • 45:26 Md. R. 1268 (12-21-18)

10.62.01.01 • 45:26 Md. R. 1268 (12-21-18)

10.62.02.05 • 45:26 Md. R. 1268 (12-21-18)

10.62.08.05 • 45:26 Md. R. 1268 (12-21-18)

10.62.19.04 • 45:26 Md. R. 1268 (12-21-18)

10.62.25.05 • 45:26 Md. R. 1268 (12-21-18)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.02.03.10 • 45:23 Md. R. 1082 (11-9-18)

 

     Subtitles 11—23 (MVA)

 

11.12.01.01,.22 • 46:1 Md. R. 25 (1-4-19)

11.12.02.03,.06 • 46:1 Md. R. 25 (1-4-19)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.04.01.01,.04 • 45:20 Md. R. 936 (9-28-18)

                            45:22 Md. R. 1033 (10-26-18) (err)

12.04.08.01—.05 • 45:25 Md. R. 1212 (12-7-18)

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

 

 

13A STATE BOARD OF EDUCATION

 

13A.01.05.01—.12 • 45:23 Md. R. 1083 (11-9-18)

13A.04.07.01—.04,.06 • 45:26 Md. R. 1269 (12-21-18)

                                       46:1 Md. R. 26 (1-4-19) (err)

13A.12.01.05 • 45:23 Md. R. 1087 (11-9-18)

13A.12.01.08-1 • 45:23 Md. R. 1087 (11-9-18)

13A.12.04.03 • 45:26 Md. R. 1270 (12-21-18)

                        46:1 Md. R. 26 (1-4-19) (err)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.02.03.02,.20 • 45:26 Md. R. 1271 (12-21-18)

13B.08.10.01—.17 • 45:24 Md. R. 1172 (11-26-18)

13B.08.20.01—.13 • 45:24 Md. R. 1179 (11-26-18)

13B.08.21.01—.22 • 45:26 Md. R. 1272 (12-21-18)

 

14 INDEPENDENT AGENCIES

 

14.22.01.01 • 45:25 Md. R. 1215 (12-7-18)

14.35.01.02 • 45:23 Md. R. 1088 (11-9-18)

14.35.07.01—.21 • 45:23 Md. R. 1089 (11-9-18)

14.35.14.01—.10 • 45:23 Md. R. 1099 (11-9-18)

14.35.15.01—.11 • 45:23 Md. R. 1102 (11-9-18)

14.35.16.01—.12 • 45:23 Md. R. 1105 (11-9-18)

14.35.17.01—.09 • 45:23 Md. R. 1109 (11-9-18)

 

15 DEPARTMENT OF AGRICULTURE

 

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

15.01.16.01—.07 • 45:20 Md. R. 939 (9-28-18)

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

 

20 PUBLIC SERVICE COMMISSION

 

20.53.06.02,.06,.07 • 45:25 Md. R. 1215 (12-7-18)

20.53.07.07 • 45:25 Md. R. 1216 (12-7-18)

20.53.08.01—.07 • 45:25 Md. R. 1216 (12-7-18)

20.59.06.06,.07 • 45:25 Md. R. 1217 (12-7-18)

20.59.07.07 • 45:25 Md. R. 1217 (12-7-18)

20.59.08.01—.07 • 45:25 Md. R. 1218 (12-7-18)

 

21 STATE PROCUREMENT REGULATIONS

 

21.01.02.01 • 45:20 Md. R. 942 (9-28-18)

21.01.03.01 • 45:20 Md. R. 942 (9-28-18)

21.02.01.05 • 45:20 Md. R. 942 (9-28-18)

21.02.05.04 • 45:20 Md. R. 942 (9-28-18)

21.05.01.01,.02,.05 • 45:20 Md. R. 942 (9-28-18)

21.05.02.04,.05 • 45:20 Md. R. 942 (9-28-18)

21.05.03.01—.03 • 45:20 Md. R. 942 (9-28-18)

21.05.06.01 • 45:20 Md. R. 942 (9-28-18)

21.05.07.01,.04,.05 • 45:20 Md. R. 942 (9-28-18)

21.05.08 • 45:20 Md. R. 942 (9-28-18)

21.05.09.04,.05,.08 • 45:20 Md. R. 942 (9-28-18)

21.05.13.01—.07 • 45:20 Md. R. 942 (9-28-18)

21.07.01.19,.25 • 45:20 Md. R. 942 (9-28-18)

21.07.02.10 • 45:20 Md. R. 942 (9-28-18)

21.07.03.07,.08 • 45:20 Md. R. 942 (9-28-18)

21.10.04.04 • 45:20 Md. R. 942 (9-28-18)

21.11.01.01,.04—.06 • 45:20 Md. R. 942 (9-28-18)

21.11.03.10,.12,.12-1 • 45:20 Md. R. 942 (9-28-18)

21.11.05.01,.04,.07 • 45:20 Md. R. 942 (9-28-18)

21.11.13.01 • 45:20 Md. R. 942 (9-28-18)

21.13.01.17 • 45:20 Md. R. 942 (9-28-18)

                      45:21 Md. R. 1008 (10-12-18) (err)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.01.01.01,.02 • 45:23 Md. R. 1111 (11-9-18)

22.01.02.01—.16 • 45:24 Md. R. 1181 (11-26-18)

22.01.03.02,.03,.05,.07 • 45:23 Md. R. 1112 (11-9-18)

22.01.04.02—.05 • 45:23 Md. R. 1113 (11-9-18)

22.01.05.01,.02 • 45:23 Md. R. 1116 (11-9-18)

22.01.07.02,.03 • 45:23 Md. R. 1116 (11-9-18)

22.01.08.01—.03 • 45:23 Md. R. 1117 (11-9-18)

22.07.02.05 • 45:23 Md. R. 1118 (11-9-18)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.13.02,.04 • 45:14 Md. R. 708 (7-6-18)

                            45:25 Md. R. 1219 (12-7-18)

31.10.06.02,.28,.30,.31 • 45:23 Md. R. 1119 (11-9-18)

 

33 STATE BOARD OF ELECTIONS

 

33.13.01.01 • 45:21 Md. R. 1003 (10-12-18)

33.13.07.01,.02 • 45:21 Md. R. 1003 (10-12-18)

33.13.10.02 • 45:21 Md. R. 1003 (10-12-18)

33.13.15.13 • 45:21 Md. R. 1003 (10-12-18)

33.13.17.01,.02 • 45:21 Md. R. 1003 (10-12-18)

33.13.19.01—.04 • 45:21 Md. R. 1003 (10-12-18)

33.13.20.01,.02 • 45:21 Md. R. 1003 (10-12-18)

33.13.22.01—.07 • 45:21 Md. R. 1003 (10-12-18)

 


The Division of State Documents

DEPOSITORIES FOR DOCUMENTS
INCORPORATED BY REFERENCE

Depositories for Documents Incorporated by Reference
into the Code of Maryland Regulations (COMAR)

 


Annapolis

MD Department of Legislative Services

90 State Circle (21401)

Contact: Cynthia Stiverson

410-946-5400, 301-970-5400,

800-492-7111 x5400 (MD only)

FAX 410-946-5405

 

MD State Archives

350 Rowe Blvd. (21401)

Contact: Christine Alvey

410-260-6438

FAX 410-974-3895

 

MD State Law Library

Robert C. Murphy Courts of Appeal

Bldg. 361 Rowe Blvd. (21401)

Contact: Mary Jo Lazun

410-260-1430, 888-216-8156

FAX 410-974-2063

 

Baltimore

State Library Resource Center

Enoch Pratt Free Library

400 Cathedral St. (21201)

Contact: State Depository and Distribution  Program

410-396-1789

FAX 410-396-4570

 

Law Library

University of Baltimore

1401 North Charles St.

(21201)

Contact: Patricia Behles

410-837-4559

FAX 410-837-4570

 

Thurgood Marshall Law Library

University of Md. Francis King     Carey School of Law

501 W. Fayette Street (21201)

410-706-2736

FAX 410-706-2372

 

Charlotte Hall

Southern MD Regional Library

37600 New Market Rd.

(20622)

P.O. Box 459 (20622)

Contact: Susan Grant

301-934-9442

FAX 301-884-0438

 

College Park

Hornbake Library

University of MD

Marylandia and Rare Books Department (20742)

Contact: Amber Kohl

301-405-9210

FAX 301-314-2709

 

Frostburg

Frostburg State University

Lewis J. Ort Library

1 Susan Eisel Drive (21532)

Contact: Lisa Hartman

301-687-4734

FAX 301-687-7069

 

Hagerstown

Government Reference Service of Washington County Free Library

100 South Potomac Street (21740)

Contact: Harry Sachs

301-739-3250 x 149

FAX 301-739-5839

 

Princess Anne

Frederick Douglass Library

University of MD Eastern Shore

(21853)

Contact: Cynthia Nyirenda

410-651-7540

FAX 410-651-6269

 

Rockville

Montgomery County Public Library

Rockville Branch 21

Maryland Avenue (20850)

Contact: Caren Genison-Perilman

240-777-0170

FAX 240-777-0155

 

Salisbury

Salisbury University

Blackwell Library

College and Camden Avenues (21801)

Contact: Martha Zimmerman

410-543-6234

FAX 410-543-6203

 

Towson

Albert S. Cook Library

Towson University

8000 York Road (21252)

Contact: Carl Olson

410-704-3267

FAX 410-704-3829

Washington, D.C.

Library of Congress

Anglo-American Acquisitions Division

Government Documents Section101 Independence Ave., S.E. (20540)

Contact: Richard Yarnall

202-707-9470

FAX 202-707-0380

 

 

 


The Judiciary

COMMISSION ON JUDICIAL DISABILITIES

NOTICE OF PUBLIC CHARGES AND HEARING    IN THE MATTER OF JUDGE AMY NICKERSON — CJD 2018-033

The Commission on Judicial Disabilities will hold a hearing to consider Charges brought against Judge Amy Nickerson in the above-captioned case on April 12, 2019, beginning at 10:00 a.m.  The hearing will take place in Room No. LL12 of the Judicial College of Maryland, 2011-D Commerce Park Drive in Annapolis, Maryland. The hearing is open to the public. 

The Charges and any response by the Judge are available for inspection on the Commission’s website (www.mdcourts.gov/cjd/publicactions.html).

For further information, contact the Office of Communications and Public Affairs, 410-260-1488.

[19-01-35]

 

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court of Appeals dated December 12, 2018, SUNG KOOK CHUN, P.O. Box 778, Ellicott City, Maryland 21041, has been replaced upon the register of attorneys in the Court of Appeals as of December 12, 2018. Notice of this action is certified in accordance with Maryland Rule 19-761.

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated December 12, 2018, DAVID EUGENE BOCCHINO, 28 West Berger Street, Emmaus, Pennsylvania 18049, has been replaced upon the register of attorneys in the Court of Appeals as of December 12, 2018.  Notice of this action is certified in accordance with Maryland Rule 19-761.

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated December 12, 2018, JOHN ALEXANDER GIANNETTI, JR., 23 Copley Court, Annapolis, Maryland 21403, has been indefinitely suspended by consent, effective immediately from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated December 12, 2018, SETH ADAM ROBBINS, 1100 North Glebe Road, Suite 1010, Arlington, Virginia 22201, has been indefinitely suspended by consent for sixty (60) days, effective September 28, 2018 from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated December 14, 2018, YOLANDA MASSAABIOSEH THOMPSON, 12007 Bronzegate Place, Silver Spring, Maryland 20904, a non-admitted attorney is excluded under Maryland Rule 19-742(g) from exercising the privilege of practicing law in this State for 60 days.

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated December 19, 2018, SETH ADAM ROBBINS, 1100 North Glebe Road, Suite 1010, Arlington, Virginia 22201, has been replaced upon the register of attorneys in the Court of Appeals as of December 19, 2018.  Notice of this action is certified in accordance with Maryland Rule 19-761.

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Opinion & Order of the Court of Appeals dated December 20, 2018, BENJAMIN JEREMY WOOLERY, 5503 West Court Drive, P.O. Box 358, Upper Marlboro, Maryland 20773, has been disbarred, effective immediately, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

[19-01-34]

 

 


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 01
EXECUTIVE DEPARTMENT

Subtitle 02 SECRETARY OF STATE

01.02.11 Maryland Safe at Home Address Confidentiality Program

Authority: Family Law Article, §§4-519—4-531; Real Property Article,
§§3-112—3-120;
[[and]] State Government Article, §§7-301—7-313; Annotated Code of Maryland

Notice of Final Action

[18-283-F]

On December 26, 2018, the Secretary of State adopted amendments to Regulations .01.—10 and .14 and new Regulations .16—.22 under COMAR 01.02.11 Maryland Safe at Home Address Confidentiality Program. This action, which was proposed for adoption in 45:23 Md. R. 1073—1077 (November 9, 2018), has been adopted as proposed.

Effective Date: January 14, 2019.

JOHN C. WOBENSMITH
Secretary of State

 

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 11 REAL ESTATE COMMISSION

09.11.01 General Regulations

Authority: Business Occupations and Professions Article, §§17-208, 17-303, 17-306, 17-315, and 17-528, Annotated Code of Maryland

Notice of Final Action

[18-258-F]

On December 19, 2018, the Maryland Real Estate Commission adopted the repeal of existing Regulation .12 and new Regulation .12 under COMAR 09.11.01 General Regulations. This action, which was proposed for adoption in 45:21 Md. R. 978 (October 12, 2018), has been adopted as proposed.

Effective Date: January 14, 2019.

JOHN NICHOLAS D’AMBROSIA
Chairman

 

Subtitle 19 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS — REAL ESTATE APPRAISERS

Notice of Final Action

[18-271-F]

On December 11, 2018, the Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors adopted:

(1) The repeal of Regulation .03 under COMAR 09.19.03 Work Experience Requirements; and

(2) New Regulation .02 under COMAR 09.19.12 General Regulations.

This action, which was proposed for adoption in 45:21 Md. R. 979—980 (October 12, 2018), has been adopted as proposed.

Effective Date: January 14, 2019.

PATRICIA SCHOTT
Executive Director

 

Subtitle 36 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS — HOME INSPECTORS

Notice of Final Action

[18-270-F]

On December 11, 2018, the Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors adopted:

(1) New Regulation .02 under COMAR 09.36.01 General Regulations; and

(2) The repeal of existing Regulation .02 and the recodification of existing Regulations .03 and .04 to be Regulations .02 and .03 under COMAR 09.36.04 Responsibilities of Licensees.

This action, which was proposed for adoption in 45:21 Md. R. 983 (October 12, 2018), has been adopted as proposed.

Effective Date: January 14, 2019.

PATRICIA SCHOTT
Executive Director

 

Subtitle 39 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS — APPRAISAL MANAGEMENT COMPANIES

09.39.02 General Regulations

Authority: Business Occupations and Professions Article, §§16-216(2) and 16-701.2(a)(5), Annotated Code of Maryland

Notice of Final Action

[18-272-F]

On December 11, 2018, the Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors adopted new Regulation .01 under a new chapter, COMAR 09.39.02 General Regulations. This action, which was proposed for adoption in 45:21 Md. R. 984—985 (October 12, 2018), has been adopted as proposed.

Effective Date: January 14, 2019.

PATRICIA SCHOTT
Executive Director

 

Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitle 24 MARYLAND HEALTH CARE COMMISSION

10.24.17 State Health Plan for Facilities and Services: Specialized Health Care Services — Cardiac Surgery and Percutaneous Coronary Intervention Services

Authority: Health-General Article, §§ 19-109(a)(1), 19-101(a)(3), 19-118, 19-120 and 19-120.1, Annotated Code of Maryland

Notice of Final Action

[18-290-F-I]

On December 26, 2018, the Maryland Health Care Commission adopted the repeal of existing Regulation .01 and new Regulation .01 under COMAR 10.24.17 State Health Plan for Facilities and Services: Specialized Health Care Services — Cardiac Surgery and Percutaneous Coronary Intervention Services. This action, which was proposed for adoption in 45:23 Md. R. 1081—1082 (November 9, 2018), has been adopted with the nonsubstantive changes shown below.

Effective Date: January 14, 2019.

Attorney General's Certification

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

The Table of Contents has been modified. Specifically, several page numbers were incorrect in the Proposed Permanent Regulation and have been corrected.

The language in Paragraph .08C(1)(f) has been modified. Specifically, the phrase “as of September 2018” is deleted. This change clarifies the intent and simplifies the statement. Because “current adopted Expert Guidelines” are specified, it is unnecessary to include the phrase “as of September 2018.” The non-substantive clarification recommended by staff is shown below with double brackets for deletions.

The questions below reflect the current adopted Expert Guidelines [[as of September 2018]].

The language in Paragraph .10I(1) has been modified. Specifically, in the Use Rate Calculations, the code “ihj” was deleted between the AVGCHG explanation and the TRATE explanation. This code was a typographical error that is present in the current existing regulation. The deletion is shown in double brackets.

AVGCHGihj [∑ (ACHGihj) ]/5, where h=1 to 5;

[[ ihj ]]

TRATEij (1+AVGCHGihj)^6*(RATEihj)

ROBERT E. MOFFIT, Ph.D.
Chair

 

Title 13B
MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 08 FINANCIAL AID

13B.08.23 Workforce Development Sequence Scholarship

Authority: Education Article, §§11-105(u), 18-202, 18-204, and 18-3302, Annotated Code of Maryland

Notice of Final Action

[18-286-F]

On December 12, 2018, the Maryland Higher Education Commission adopted new Regulations .01—.11 under a new chapter, COMAR 13B.08.23 Workforce Development Sequence Scholarship. This action, which was proposed for adoption in 45:22 Md. R. 1033—1035 (October 26, 2018), has been adopted as proposed.

Effective Date: January 14, 2019.

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

 

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 08 PROPERTY AND CASUALTY INSURANCE

31.08.15 Underwriting Period

Authority: Insurance Article, §§2-109, 11-205, 11-306, 12-106, and 19-406, Annotated Code of Maryland

Notice of Final Action

[18-122-F]

On December 4, 2018, the Insurance Commissioner adopted amendments to Regulations .04 and .05 under COMAR 31.08.15 Underwriting Period. This action, which was proposed for adoption in 45:10 Md. R. 518—519 (May 11, 2018), has been adopted as proposed.

Effective Date: January 14, 2019.

ALFRED W. REDMER, JR.
Insurance Commissioner

 

Subtitle 10 HEALTH INSURANCE — GENERAL

31.10.06 Standards for Medicare Supplement Policies

Authority: Health-General Article, §§19-705 and 19-706; Insurance Article, §§2-109 and 8-403(b), Title 15, Subtitle 9, and Title 27; Annotated Code of Maryland

Notice of Final Action

[18-310-F]

On December 26, 2018, the Insurance Commissioner adopted amendments to Regulations .02, .28, and .30 and new Regulation .31 under COMAR 31.10.06 Standards for Medicare Supplement Policies. This action, which was proposed for adoption in 45:23 Md. R. 1119—1128 (November 9, 2018), has been adopted as proposed.

Effective Date: January 14, 2019.

ALFRED W. REDMER, JR.
Insurance Commissioner

 

Title 36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

Notice of Final Action

[18-300-F]

On December 26, 2018, the Maryland State Lottery and Gaming Control Agency adopted:

(1) Amendments to Regulations .01 and .03—.06 under COMAR 36.01.01 General;

(2) Amendments to Regulations .01—.06 under COMAR 36.01.02 Administrative Procedures;

 (3) Amendments to Regulations .01—.07 under COMAR 36.01.03 Voluntary Exclusion and Responsible Gaming;

(4) Amendments to Regulation .01 under COMAR 36.02.01 General;

(5) Amendments to Regulations .01, .02, .05, .06, and .10 under COMAR 36.02.02 Retailer Licensing;

(6) Amendments to Regulations .01 and .02, new Regulation .03, and amendments to and the recodification of existing Regulations .03—.10 to be Regulations .04—.11 under COMAR 36.02.03 Retailer Requirements;

(7) Amendments to Regulations .02—.05 under COMAR 36.02.04 Common Provisions for All Lottery Games;

(8) Amendments to Regulations .01 and .02 under COMAR 36.02.05 Specific Game Provisions;

(9) Amendments to Regulations .01, .04—.06, .08, .11, .12, .15, and .18 under COMAR 36.02.06 Claims Procedures;

(10) Amendments to Regulation .02 under COMAR 36.02.07 Unclaimed Lottery Prizes;

(11) Amendments to Regulations .01 and .06—.08, new Regulation .02, the repeal of existing Regulation .04, amendments to and the recodification of existing Regulation .03 to be Regulation .04, and the recodification of existing Regulation .02 to be Regulation .03 under COMAR 36.02.08 Voluntary Assignment of Monetary Prizes;

(12) Amendments to Regulation .02 under COMAR 36.03.01 General;

(13) Amendments to Regulation .15 under COMAR 36.05.02 Table Game Equipment; and

(14) New Regulations .01—.15 under a new chapter, COMAR 36.09.01 Fantasy Competition, under a new subtitle, Subtitle 09 Online Fantasy Competition.

This action, which was proposed for adoption in 45:23 Md. R. 1128—1143 (November 9, 2018), has been adopted as proposed.

Effective Date: January 14, 2019.

GORDON MEDENICA
Director
Maryland State Lottery and Gaming Control Agency

 

 


Withdrawal of Regulations 

Title 26
DEPARTMENT OF THE ENVIRONMENT

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

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

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

Notice of Withdrawal

[18-034-W]

The Secretary of the Environment withdraws the proposal to amend Regulations .01 and .05 under COMAR 26.04.02 Sewage Disposal and Certain Water Systems for Homes and Other Establishments in the Counties of Maryland Where a Public Sewage System Is Not Available, as published in 45:3 Md. R. 167—168 (February 2, 2018)

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

 


Proposed Action on Regulations

 


 



Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 01 OFFICE OF THE SECRETARY

08.01.07 Chesapeake Forest Lands

Authority: Natural Resources Article, §§5-209(a) and 10-808, Annotated Code of Maryland

Notice of Proposed Action

[18-354-P]

The Department of Natural Resources proposes to amend Regulation .13 under COMAR 08.01.07 Chesapeake Forest Lands.

Statement of Purpose

The purpose of this action is to clarify the regulations regarding pets on State forest lands.

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 Marian Honeczy, Supervisor, Urban and Community Forestry, Maryland Forest Service, 580 Taylor Ave., E-1, Annapolis, MD 21401, or call 410-260-8511, or email to marian.honeczy@maryland.gov, or fax to 410-260-8595. Comments will be accepted through February 4, 2019. A public hearing has not been scheduled.

.13 Pets.

Pets shall be kept under reasonable control consistent with the safety of forest users and forest wildlife. An individual with a pet shall prevent the pet from biting individuals. Pets may not be permitted to disturb forest wildlife outside of hunting activities. [Pets shall be leashed at all times, except while being used in hunting activities.]

MARK J. BELTON
Secretary of Natural Resources

 

 

Subtitle 07 FORESTS AND PARKS

08.07.01 State Forests

Authority: Natural Resources Article, §5-209, Annotated Code of Maryland

Notice of Proposed Action

[18-351-P]

The Department of Natural Resources proposes to amend Regulations .03 and .17 under COMAR 08.07.01 State Forests.

Statement of Purpose

The purpose of this action is to revise the regulations to prohibit baiting and feeding and to clarify the requirements for pets brought onto State forest lands.

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 Marian Honeczy, Supervisor, Urban and Community Forestry, Maryland Forest Service, 580 Taylor Ave., E-1, Annapolis, MD 21401, or call 410-260-8511, or email to marian.honeczy@maryland.gov, or fax to 410-260-8595. Comments will be accepted through February 4, 2019. A public hearing has not been scheduled.

.03 Hunting and Trapping.

A. — C. (text unchanged)

D. Baiting Prohibited.

(1) Except by written permit issued by the Service, on any State-owned or State-controlled properties open to public hunting, an individual may not place or cause to be placed or scatter or distribute:

(a) Shucked or unshucked corn, wheat, or other grain;

(b) Salt; or

(c) Other feed.

(2) An individual may not hunt, shoot, or kill, or attempt to hunt, shoot, or kill, game birds or mammals by the aid of bait, on or over a baited area.

E. Permanent Blinds and Tree Stands.

(1) The blinds or tree stands that an individual is permitted to erect on land owned or controlled by the Service are those brought in and taken with the individual each day. This does not prevent hunting at natural stands of vegetation present and uncut at the hunting site.

(2) Except by written permission from the Service, an individual may not use or construct permanent blinds or tree stands on lands owned or controlled by the Service.

(3) Reed grass (Phragmites australis) may not be used for the construction of blinds on lands owned or controlled by the Service.

17 Pets.

[A. Developed Areas.

(1) Except for guide service dogs, pets of any kind are not allowed on a picnic area, cabin area, camping area, or other restricted area of a State forest.

(2) The Service reserves the right to designate pet areas in a developed area in a State forest. Pets shall be on a leash with a maximum length of 6 feet.

B. Undeveloped Areas.

(1)] Pets shall be kept under reasonable control consistent with the safety of forest users and forest wildlife.  An individual with a pet shall prevent the pet from biting individuals.  Pets may not be permitted to disturb forest wildlife outside of hunting activities.

[(2) The Service reserves the right to designate pet areas in an undeveloped area in a State forest.]

MARK J. BELTON
Secretary of Natural Resources

 

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

Notice of Proposed Action

[18-349-P-I]

The Secretary of Labor, Licensing, and Regulation and the Secretary of Housing and Community Development jointly propose to:

(1) Recodify existing:

    (a) COMAR 05.02.01 to be COMAR 09.12.50 Model Performance Code;

    (b) COMAR 05.02.02 to be COMAR 09.12.53 Maryland Accessibility Code;

    (c) COMAR 05.02.03 to be COMAR 09.12.54 Minimum Livability Code;

    (d) COMAR 05.02.04 to be COMAR 09.12.52 Industrialized Buildings and Manufactured Homes;

    (e) COMAR 05.02.06 to be COMAR 09.12.55 Safety Glazing;

    (f) COMAR 05.02.07 to be COMAR 09.12.51 Maryland Building Performance Standards; and

    (g) COMAR 05.16.01 to be COMAR 09.12.58 Maryland Rehabilitation Code Regulations; and

(2) Amend:

    (a) Regulations .01—.05 and .07 under COMAR 09.12.50 Model Performance Code;

    (b) Regulations .03—.04 and .06—.07 under COMAR 09.12.51 Maryland Building Performance Standards;

    (c) Regulations .02, .07—.08, .10, and .17 under COMAR 09.12.52 Industrialized Buildings and Manufactured Homes;

    (d) Regulations .05—.06, .08—.09, and .11 under COMAR 09.12.53 Maryland Accessibility Code;

    (e) Regulation .02 under COMAR 09.12.54 Minimum Livability Code;

    (f) Regulations .01—.02 under COMAR 09.12.55 Safety Glazing; and

    (g) Regulation .04 under COMAR 09.12.58 Maryland Rehabilitation Code Regulations.

Statement of Purpose

The purpose of this action is to recodify existing building code regulations from the Department of Housing and Community Development (DHCD), Title 05, to the Department of Labor, Licensing, and Regulation (DLLR), Title 09, Subtitle 12 Division of Labor and Industry, pursuant to Ch. 673, Acts of 2018, which statutorily transferred the Building Codes Unit from DHCD to DLLR.

This action also amends these regulations to update existing incorporated by reference standards to the first edition of the:

(1) 2018 International Building Code;

(2) 2018 International Residential Code for One- and Two-Family Dwellings;

(3) 2018 International Energy Conservation Code;

(4) 2018 International Plumbing Code;

(5) 2018 International Mechanical Code; and

(6) National Electric Code, 2017 Edition (NFPA 70).

As required by Ch. 239, Acts of 2015, this action amends the adoption of the International Energy Conservation Code to allow for innovative approaches in complying with the adopted standards related to the number of air exchanges per hour and makes identical amendments in the International Residential Code for One- and Two-Family Dwellings.

This action removes duplicative language from regulation that resides in statute regarding agritourism to eliminate confusion and avoid conflicts with frequently updated legislation.

Finally, in the Maryland Performance Code and Accessibility chapters this action replaces the outdated lists of special public depositories with a web address where the locations of current depositories is available. 

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Mischelle F. Vanreusel, Regulatory and Grants Coordinator, 1100 North Eutaw Street, Room 600, Baltimore, MD  21201, or call 410-767-2225, or email to Mischelle.vanreusel@maryland.gov, or fax to 410-767-2986. Comments will be accepted through February 4, 2019.  A public hearing on the amendments of the energy code in both the International Energy Conservation Code and the International One- and Two-Family Residential Code will be held January 10, 2019 at 10 a.m., 1100 North Eutaw Street, Conference Room #1, Baltimore, MD  21201.

 

Editor’s Note on Incorporation by Reference

   Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the following have been declared documents generally available to the public and appropriate for incorporation by reference:

   (1) 2018 International Plumbing Code (International Code Council);

   (2) National Electrical Code, 2017 Edition (NFPA 70);

   (3) 2018 International Mechanical Code (International Code Council);

   (4) 2018 International Building Code (International Code Council);

   (5) 2018 International Residential Code for One- and Two-Family Dwellings (International Code Council); and

   (6) 2018 International Energy Conservation Code (International Code Council).

   For this reason, they will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of these documents are filed in special public depositories located throughout the State.  A list of these depositories appears on page 9 of this issue, and is available online at www.dsd.state.md.us. These documents may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401. 

 

09.12.50 Model Performance Code

Authority: Public Safety Article, §[§]12-201(f)[—12-204], Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Department” means the [Department of Housing and Community Development] Department of Labor, Licensing, and Regulation.

(2)—(5) (text unchanged)

(6) “Master control device” means:

(a) A control that is activated when a [personenters] person enters the room through the primary room-access method; or

(b) (text unchanged)

(7) “Model Performance Code [and] or Model Code” means the Model Performance Code for building construction as detailed in Regulation .03 of this chapter.

(8) (text unchanged)

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

(10) (text unchanged)

(11) “Secretary” means the Secretary of [Housing and Community Development,] Labor, Licensing, and Regulation or a designated representative.

(12) (text unchanged)

.02 General.

A. Title. These regulations shall be known and may be cited as the [Maryland] Model Performance Code [Regulations]. Except as otherwise indicated, “regulations” as used [here] in this chapter shall mean the [Maryland] Model Performance Code [Regulations].

B. Application.

(1) (text unchanged)

(2) For industrialized buildings approved by an approved testing facility under COMAR [05.02.04] 09.12.52 after the effective date of these regulations:

(a) This chapter and the codes incorporated by reference apply to any approved building provided that construction begins prior to 6 months after the Department’s adoption of the [2018] 2021 edition of the International Building Code; and

(b) The approved testing facility shall state in its approval letter to the Department and the manufacturer of the building:

(i) (text unchanged)

(ii) That approval will expire for a building unless construction begins prior to 6 months after Department’s adoption of the [2018] 2021 edition of the International Building Code.

(3) For industrialized buildings approved by an approved testing facility under COMAR [05.02.04] 09.12.52 prior to the effective date of these regulations, the previous version of [COMAR 05.02.01] this chapter and the [2012] 2015 International Building Code shall apply provided that construction begins prior to 6 months after the effective date of these regulations.

C.—D. (text unchanged)

.02-1 Incorporation by Reference.

A. (text unchanged)

B. Documents Incorporated.

(1) [2015] International Building Code (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]), which is incorporated by reference in COMAR 09.12.51.04A(1).

(2) [2015] 2018 International Plumbing Code (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]).

(3) National Electric Code, [2011] 2017 Edition ([National Fire Protection Association, One Batterymarch Park, Quincy Massachusetts 02269] NFPA 70).

(4) [2015] International Residential Code for One- and Two-Family Dwellings (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]), which is incorporated by reference in COMAR 09.12.51.04A(2).

(5) [2015] 2018 International Mechanical Code (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]).

(6) [2015] International Energy Conservation Code (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]), which is incorporated by reference in COMAR 09.12.51.04A(3).

(7) (text unchanged)

.03 Model Performance Code.

A. The standards incorporated by reference in Regulation .02-1 of this chapter, and modified as follows, constitute the Model Performance Code for building construction in the State:

(1) For industrialized building construction:

(a) International Building Code with the following modifications:

(i)—(iii) (text unchanged)

(iv) Chapter 11. Chapter 11, related to accessibility requirements, is hereby replaced with the Maryland Accessibility Code set forth in COMAR [05.02.02] 09.12.53;

(v)—(vi) (text unchanged)

(b) International Plumbing Code with the following modification: Delete all of §404.0 — the subject matter is covered by Maryland Accessibility Code, COMAR [05.02.02,] 09.12.53;

(c)—(d) (text unchanged)

(e) International Residential Code for One- and Two-Family Dwellings with the following modifications:

(i) Chapter 1. Delete the Section 102.5 Appendices and replace with the following: 102.5 Appendices: All the provisions in the Appendices are adopted as part of the IRC except those in Appendices E, J, and L;

(ii) Add to Section N1102.4.1.2 (R402.4.1.2): Except as provided for in the Simulated Performance Path listed in Section N1105 (R405);

(iii) Add to Section N1102.4.1.2 (R402.4.1.2): Except as provided for in the Energy Rating Index Compliance Alternative Section N1106 (R406);

(iv) Modify Table N1105.5.2(1) (R405.5.2(1)) for Air Exchange Rate line item under the proposed design add “not to exceed 5 air changes per hour” after “The measured air exchange rate”; and

(v) Add exception to Section N1106.2 (R406.2): The maximum of 5 air changes per hour tested in accordance with Section N1102.4.1.2 (R402.4.1.2) may be used to determine the Energy Rating index score;

(f) [2015] International Energy Conservation Code with the following modification:

(i) Add a note to Section [405.2.3] C405.2.4 Specific Application Controls: For the new construction of hotels, each hotel guest room shall be equipped with a master control device in compliance with COMAR [05.02.07.04D(2)] 09.12.51.04D(2);

(ii) Add to Section R402.4.1.2: Except as provided for in the Simulated Performance Path listed in Section R405;

(iii) Add to Section R402.4.1.2: Except as provided for in the Energy Rating Index Compliance Alternative in Section R406;

(iv) Modify Table R405.5.2(1) for Air Exchange Rate line item under the proposed design add “not to exceed 5 air changes per hour” after “The measured air exchange rate”; and

(v) Add exception to Section R406.2: The maximum of 5 air changes per hour tested in accordance with Section R402.4.1.2 may be used to determine the Energy Rating index score;

(g) If an industrialized building manufacturer desires to or has been requested to construct a building to the [2012] International Green Construction Code (IGCC) standards they may use the IGCC in addition to the other codes in §A(1) with the following modifications:

(i)—(iii) (text unchanged)

(h) (text unchanged)

(2) For all other building construction:

(a) The International Building Code with modifications related to building standards, as adopted under COMAR [05.02.07.04] 09.12.51.04,

(b)—(d) (text unchanged)

(e) The International Residential Code for One- and Two-Family Dwellings with modifications related to building standards, as adopted under COMAR [05.02.07.04] 09.12.51.04;

(f) [2015] International Energy Conservation Code with modifications related to building standards, as adopted under COMAR [05.02.07.04] 09.12.51.04; and

(g) If a builder desires to or has been requested to construct a building to the [2012] International Green Construction Code (IGCC) standards they may use the IGCC in addition to the other codes in §A(2).

[B. The incorporated documents listed above are on deposit in the following public libraries:

(1) Maryland Department of Legislative Reference Library, 90 State Circle, Annapolis, MD 21401, Monday through Friday, 8:30 am—4:30 pm;

(2) State Library Resource Center, Enoch Pratt Central, Maryland Department, Cathedral Street, Baltimore, MD 21201, Monday through Thursday, 9 am—9 pm; Friday and Saturday, 9 am—5 pm; Sunday (October—May), 1 pm—5 pm;

(3) Frostburg State University Library, Midlothian Road and Center Street, Frostburg, MD 21532, Monday through Thursday, 3:30—12 midnight; Friday, 3:30—10 pm; Saturday, 8:30 am—5 pm; Sunday, 1 pm—12 midnight;

(4) Southern Maryland Regional Library, Charles County Public Library Building, Charles and Garrett Streets, La Plata, MD 20642, Monday through Thursday, 9 am—8 pm; Friday, 12 pm—5 pm; Saturday (during school year), 9 am—5 pm;

(5) Salisbury State University Library, College and Camden Avenues, Salisbury, MD 21801, Monday—Friday, 8 am—10 pm; Saturday, 10 am—10 pm; Sunday, 12 pm—10 pm (library closed when school not in session);

(6) Library of Congress, Gifts and Exchanges Division, 10 First Street S.E., Washington, DC 20540, Monday through Friday, 8 am—4:30 pm;

(7) Division of State Documents, 16 Francis Street, Annapolis, MD 21401, Monday through Friday, 8:30 am—4:30 pm;

(8) State Law Library, Courts of Appeal Building, 361 Rowe Boulevard, Annapolis, MD 21401, Monday, Wednesday, and Friday, 8:30 am—4:30 pm; Tuesday and Thursday, 8:30 am—9 pm; Saturday, 9 am—4 pm.]

B. Copies of these documents are filed in special public depositories located throughout the State.  A list of these depositories is available online at www.dsd.state.md.us.

.04 Modifications to Model Performance Code.

A. As stated in Regulation .02B of this chapter, the Model Performance Code is not binding on any subdivision of the State unless specifically adopted by it. A copy of the law, ordinance, or resolution adopting the Model Code shall be sent by the governing body of the adopting subdivision to the Secretary. Copies of all subsequent laws, ordinances, or resolutions pertaining to the Model Code shall similarly be sent by the governing body to the Secretary.

B.—D. (text unchanged)

E. The administrative sections of Article 1 of the [2015] International Building Code are entirely administrative and may require alteration to adapt them to local use. Alterations to these sections of Article 1 are therefore excluded from the requirement of concurrence by the Secretary. However, any alterations shall be forwarded to the Secretary for the Department’s records.

.05 Appeals of Code Interpretations or Applications.

A. (text unchanged)

B. Review by this Department shall be granted:

(1) (text unchanged)

(2) If requested by the aggrieved party before commencement of appeal procedures provided by the subdivision. In that case, the Director of [Codes Administration] the Building Codes Administration may, in [his] the Director’s discretion, decline to review the question of interpretation or application and remand the question to the subdivision, because the question is of insufficient importance or can be resolved more readily at a local level, or for other reasons. The action is not reviewable.

(3) (text unchanged)

C. An aggrieved person requesting review by the Department of an application or interpretation of the Model Code shall do so in writing, addressed to the Director of [Codes Administration] the Building Codes Administration in the Department, together with a full statement of the circumstances and the reasons for challenge.

D. The Director of [Codes Administration] the Building Codes Administration will normally refer the question of interpretation or application to ICC or NFPA, as the case may be, for answer by their respective interpretation services. The Director is not required to refer the question to ICC or NFPA. The Director shall notify the parties of the referral.

E. Within 10 days from the receipt by the Director of [Codes Administration] the Building Codes Administration of the request for review, or within 10 days from receipt by the Director of an answer from ICC or NFPA when the question has been referred, the Director shall notify the parties of the Director’s decision, with a statement of the reasons for it, including a copy of any communication from ICC or NFPA.

F. Review of an adverse decision of the Director of [Codes Administration] the Building Codes Administration shall be by appeal to the Secretary, filed within 30 days after issuance of the decision by the Director.

.07 Training and Certification of Building Inspectors.

In order to assist local jurisdictions to effectively administer the Model Performance Code, the Department has the responsibility to train and certify building code enforcement officials in any jurisdiction where the Model Performance Code is in effect.

 

09.12.51 Maryland Building Performance Standards

Authority: Public Safety Article [§§12-501—12-508] §§12-503, 12-507(a)(2), 12-508(g), and 12-510(d), Annotated Code of Maryland

.03 Definitions.

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

B. Terms Defined.

(1)—(3) (text unchanged)

(4) “Codes Administration” means the [Maryland] Building Codes Administration, an administration within the Department.

(5) (text unchanged)

(6) “Department” means the Department of [Housing and Community Development of Maryland] Labor, Licensing, and Regulation.

(7)—(17) (text unchanged)

.04 Incorporation by Reference.

A. In this chapter, the following documents are incorporated by reference:

(1) [2015] 2018 International Building Code (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]);

(2) [2015] 2018 International Residential Code for One- and Two-Family Dwellings (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]);

(3) [2015] 2018 International Energy Conservation Code (International Code Council[, 500 New Jersey Avenue, N.W., 6th Floor, Washington, DC 20001]); and

(4) (text unchanged)

B. Modifications to the [2015] International Building Code.

(1) (text unchanged)

(2) Chapter 1. Delete Exception in the Section 101.2 Scope and replace with the following:

(a) Exception: 1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the International Residential Code;

(b) Exception: 2. Existing buildings undergoing repair, alterations or additions, and change of occupancy shall comply with the Maryland Building Rehabilitation Code set forth in COMAR [05.16.] 09.12.58; and

(c) Exception: 3. Maintenance of residential structures and premises shall comply with the Minimum Livability Code COMAR [05.02.03] 09.12.54.

(3)—(5) (text unchanged)

(6) Chapter 11. Chapter 11 of the IBC related to accessibility requirements is hereby replaced with the Maryland Accessibility Code set forth in COMAR [05.02.02] 09.12.53. A local jurisdiction may adopt and enforce the requirements of Chapter 11 of the IBC to the extent the requirements meet or exceed the requirements set forth in COMAR [05.02.02] 09.12.53.

(7)—(11) (text unchanged)

(12) Chapter 34.[Add the following exception to section 3401.1 Scope:

Exception:] Any rehabilitation work undertaken in an existing building as defined in COMAR [05.16] 09.12.58 shall comply with the requirements of Maryland Building Rehabilitation Code set forth in COMAR [05.16] 09.12.58.

C. Modifications to the [2015] International Residential Code for One- and Two-Family Dwellings:

(1) (text unchanged)

(2) ENERGY. Chapter 11. ENERGY EFFICIENCY. 

(a) Add to Section N1102.4.1.2 (R402.4.1.2): Except as provided for in the:

(i) Simulated Performance Path listed in Section N1105 (R405); and

(ii) Energy Rating Index Compliance Alternative in Section N1106 (R406);

(b) Modify Table N1105.5.2(1) (R405.5.2(1)) for Air Exchange Rate line item under the proposed design add “not to exceed 5 air changes per hour” after “The measured air exchange rate”; and

(c) Add exception to Section N1106.2 (R406.2): The maximum of 5 air changes per hour tested in accordance with Section R402.4.1.2 may be used to determine the Energy Rating index score.

[(2)] (3)[(4)] (5) (text unchanged)

D. Modifications to the [2015] International Energy Conservation Code.

(1) (text unchanged)

(2) Add a note to Section [405.2.3] C405.2.4 Specific Application Controls: For the new construction of hotels:

(a)—(b) (text unchanged)

(3) Add to Section R402.4.1.2: Except as provided for in the:

(a) Simulated Performance Path listed in Section R405;

(b) Energy Rating Index Compliance Alternative in Section R406;

(4) Modify Table R405.5.2(1) for Air Exchange Rate line item under the proposed design add “not to exceed 5 air changes per hour” after “The measured air exchange rate”; and

(5) Add exception to Section R406.2: The maximum of 5 air changes per hour tested in accordance with Section R402.4.1.2 may be used to determine the Energy Rating index score.

E. (text unchanged)

.06 Application of the Standards.

A. (text unchanged)

B. A local jurisdiction shall implement and enforce the Standards and any local amendments within [6] 12 months of the effective date of any amendments by the Department to this chapter.

C. [In Calvert County, Charles County, Dorchester County, Frederick County, Harford County, Prince George’s County, St. Mary’s County, Somerset County, and Talbot County:

(1) The Standards do not apply to the construction, alteration, or modification of an agricultural building for which agritourism is an intended subordinate use;

(2) An existing agricultural building used for agritourism is not considered a change of occupancy that requires a building permit if the subordinate use of the building for agritourism:

(a) Complies with §C(3) of this regulation;

(b) Occupies only levels of the building on which a ground level exit is located; and

(c) Does not allow more than 50 people to occupy an individual building at any one time;

(3) An agricultural building used for agritourism shall be structurally sound and in good repair; and

(4) An agricultural building used for agritourism does not have to comply with:

(a) The requirements for bathrooms, sprinkler systems, and elevators set forth in the Standards; or

(b) Any other requirements of the Standards or other building codes as set forth in this subtitle or COMAR 05.16.] The provisions of Public Safety Article, §12-508, Annotated Code of Maryland, modify and determine the applicability of the Standards to agritourism.

.07 Utilization of Standards.

A. (text unchanged)

B. Voluntary Dispute Resolution.

(1)—(4) (text unchanged)

(5) Neither a decision by the Codes Administration nor the Department under §B(3) or (4) of this regulation shall constitute a contested case proceeding under the Maryland Administrative Procedure Act and is not subject to the provisions of COMAR [05.01.01] 09.01.02.

 

09.12.52 Industrialized Buildings and Manufactured Homes

Authority: Public Safety Article, §12-305, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged) 

B. Terms Defined.

(1)—(9) (text unchanged)

(10) “Regulations” means the [State] Industrialized Buildings and Manufactured Homes Regulations (COMAR [05.02.04.01—.18] 09.12.52.01—.18).

(11)—(12) (text unchanged)

.07 Reference Standards.

The standards identified in the Model Performance Code which are incorporated by reference in COMAR [05.02.01] 09.12.50 shall constitute the reference standards for industrialized building construction in the State.

.08 Energy Conservation Standards.

All industrialized buildings shall be designed to meet all the applicable energy conservation standards as identified in the State Model Performance Code (COMAR [05.02.01] 09.12.50). In using these standards, the design shall be based on a minimum of 5,200 degree days.

.10 Label.

A.—B. (text unchanged)

C. State Certification Insignia. In addition to the approved testing facility label and the manufacturer’s data plate, each unit shall be marked by a State certification insignia secured from the Department of [Housing and Community Development] Labor, Licensing, and Regulation which shall identify the unit by State serial number. This serial number shall be the control number for location in the State.

D. (text unchanged)

.17 Code Enforcement Certification Board.

A. The Secretary shall appoint the members of the Code Enforcement Certification Board, to serve at the Secretary’s pleasure. There are nine members of the Board, including four certified code enforcement officials, and one from each of the following areas: licensed architect; registered engineer; representative of the Department of [Housing and Community Development] Labor, Licensing, and Regulation; educator; building industry representative. Members of the Board shall be citizens and residents of the United States and the State.

B.—D. (text unchanged)

 

09.12.53 Maryland Accessibility Code

Authority: [Housing and Community Development Article, §§2-111 and 3-103;] Public Safety Article, [§12-202;] §12-202(b), Annotated Code of Maryland

.05 Definitions.

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

B. Terms Defined.

(1)—(17) (text unchanged)

(18) “Secretary” means the Secretary of [Housing and Community Development] the Department of Labor, Licensing, and Regulation.

(19)—(23) (text unchanged)

.06 Implementation.

A. (text unchanged)

B. Interpretation. The Department of [Housing and Community Development] Labor, Licensing, and Regulation shall decide all questions relating to interpretation of this Code and shall determine whether any requests for waivers or exemptions from this Code may be approved.

C. (text unchanged).

.08 Standards Substantially Equivalent to 2010 ADA Standards.

A.— C. (text unchanged)

D. Determination of Substantial Equivalency.

(1)—(5) (text unchanged)

(6) A request for a determination under this regulation does not constitute a contested case proceeding under the Maryland Administrative Procedure Act and is not subject to the provisions of COMAR [05.01.01] 09.01.02.

.09 Waiver Request.

A. (text unchanged) 

B. Procedures.

(1) A written waiver request form and supporting documents shall be submitted in triplicate to the Director, [Maryland] Building Codes Administration, Department of [Housing and Community Development] Labor, Licensing, and Regulation.

(2) The [Maryland] Building Codes Administration shall review the documents submitted for completeness, and shall contact the applicant promptly for any additional information needed to process the request.

(3) Upon receipt of all required documents, the [Maryland] Building Codes Administration shall send one copy of the waiver request documents to the local government officials and one copy to the designated disability advisory group.

(4) The local government officials and the designated disability advisory group may provide their written comments jointly or separately to the [Maryland] Building Codes Administration within 21 days of dated transmittal from the [Maryland] Building Codes Administration.

(5) The [Maryland] Building Codes Administration shall review the waiver documents and any comments received from the local building officials and the agency or organization advocating for individuals with disabilities. For historic properties, the [Maryland] Building Codes Administration shall make its decisions in consultation with the State historic preservation officer or the officer’s designee.

(6) (text unchanged).

(7) Upon completion of the investigation, the Director of the [Maryland] Building Codes Administration, or the Director’s designee, shall determine if a waiver should be granted or denied based upon factors such as, but not limited to:

(a)—(c) (text unchanged)

(8) (text unchanged) 

(9) The applicant may request reconsideration of the decision of the [Maryland] Building Codes Administration within 45 days by writing to the [Director] Commissioner of the Division of [Credit Assurance] Labor and Industry for a final administrative decision. The reconsideration review may include additional site visits and meetings with the applicants, the designated disability advisory group, and local building officials. The decision by the [Director] Commissioner of the Division of [Credit Assurance] Labor and Industry is final and binding upon the parties.

C. A waiver request and decision on it under §B(7) or (9) of this regulation does not constitute a contested case proceeding under the Maryland Administrative Procedure Act and is not subject to the provisions of COMAR [05.01.01] 09.01.02.

 

.11 Copies of Standards and Code.

[A. Copies of the standards and Code referenced in this chapter may be obtained as follows:

(1) The Maryland Department of Housing and Community Development, 100 Community Place, Crownsville, Maryland 21032, telephone (410) 514-7220, TDD (410) 514-7531;

(2) United States Department of Justice, Office of the Americans with Disabilities Act, Civil Rights Division, P. O. 66118, Washington, D.C. 20035-6118, telephone (202) 514-0301(V), TT/TDD (202) 514-0381 or 0383;

(3) Architectural and Transportation Compliance Board, 1331 F Street, N.W., Suite 1000, Washington, D.C. 20004-1111, telephone V and TT/TDD (800) USA-ABLE, or V and TT/TDD (202) 272-5434;

(4) Independence Center for Northern Virginia, 2111 Wilson Boulevard, Suite 400, Arlington, Virginia 22201, telephone (703) 525-3268, V/TT/TDD (800) ADA-4999;

(5) United States Department of Housing and Urban Development (HUD), Office of the General Counsel, 451 Seventh Street, S.W., Washington, D.C. 20410-0500, telephone (202) 755-5570, TDD (800) 543-8294;

(6) Public libraries throughout Maryland.

B. The final rule implementing the Fair Housing Amendments Act of 1988 is available in braille and on tapes at the United States Department of Housing and Urban Development (HUD), Office of the Rules Docket Clerk, Room 10276, 451 Seventh Street, S.W., Washington, D.C. 20410-0500, telephone (202) 755-5570, TDD (800) 543-8294.]

Copies of these documents are filed in special public depositories located throughout the State.  A list of these depositories is available online at www.dsd.state.md.us.

 

09.12.54 Minimum Livability Code

Authority: Public Safety Article, §12-203(c), Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(3) (text unchanged)

(4) “Department” means the Department of [Housing and Community Development] Labor, Licensing, and Regulation.

(5)—(10) (text unchanged)

 

09.12.55 Safety Glazing

Authority: Public Safety Article, [Title 12, Subtitle 4] §§12-403 and 12-404, Annotated Code of Maryland

.01 Purpose and Authority.

A. These regulations are adopted pursuant to Public Safety Article, Title 12, Subtitle 4, Annotated Code of Maryland. This law provides for determinations by the Secretary of [Housing and Community Development] Labor, Licensing, and Regulation as to three subjects: Further requirements for standards of safety glazing material; additional glazed elements to be designated “hazardous locations”; and exceptions of certain panels from the definition of “hazardous locations”.

B. (text unchanged)

.02 Reference Standards and Specific Hazardous Locations.

A. The reference standards and specific hazardous locations applicable to safety glazing shall be those identified in COMAR [05.02.01] 09.12.50 Maryland Model Performance Code.

B. (text unchanged)

 

09.12.58 Maryland Building Rehabilitation Code Regulations

Authority: Public Safety Article, §§12-1004 and 12-1007(a), Annotated Code of Maryland

.04 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(3) (text unchanged)

(4) “Department” means the Department of [Housing and Community Development] Labor, Licensing, and Regulation.

(5)—(6) (text unchanged)

(7) “Minimum Livability Code” means COMAR [05.02.03] 09.12.54, exclusive of any local amendments or codes that may have been adopted.

(8) “Secretary” means the Secretary of [the Department of Housing and Community Development] Labor, Licensing, and Regulation.

KELLY M. SCHULZ
Secretary of Labor, Licensing, and Regulation

KENNETH C. HOLT
Secretary of Housing and Community Development

 

Subtitle 14 STATE ATHLETIC COMMISSION

09.14.02 Applications and Licensing

Authority: Business Regulation Article, §§4-205, 4-301, and 4-303, Annotated Code of Maryland

Notice of Proposed Action

[18-352-P]

The State Athletic Commission proposes to adopt new Regulation .08 under COMAR 09.14.02 Applications and Licensing. This action was considered at a public meeting of the Commission held on November 28, 2018, notice of which was provided by posting on the Athletic Commission's website pursuant to General Provision Article, §3-302(c)(3)(ii), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to establish by regulation an applicant's or licensee's obligation to respond in writing within 30 days to a written communication from the Commission, to inform the applicant or licensee of the ramifications for failure to respond to a written communication from the Commission and to require an applicant or licensee to notify the Commission in writing of a change of address.

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 Patrick Pannella, Executive Director, Maryland State Athletic Commission, Department of Labor, Licensing, and Regulation, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6223, or email to patrick.pannella@maryland.gov, or fax to 410-962-8480. Comments will be accepted through February 4, 2019. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Athletic Commission during a public meeting to be held on February 20, 2019, at 3 p.m., at the Department of Labor, Licensing, and Regulation, 500 N. Calvert Street, Third Floor, Baltimore, MD 21202.

.08 Failure to Respond.

A. If an applicant or licensee receives from the Commission a written communication requesting a response, the applicant or licensee shall respond within 30 days of the date of the mailing.

B. The Commission shall send a written communication by first-class mail to the last address furnished to the Commission by an applicant or licensee. 

C.  It is a responsibility of an applicant or licensee to notify the Commission in writing if there has been a change in applicant’s or licensee’s address.

D. Failure to respond as required by this regulation may be considered by the Commission to be a violation of Business Regulation Article, §4-310(a)(1)(iii) or (iv), Annotated Code of Maryland.

PATRICK PANNELLA
Executive Director
State Athletic Commission

 

Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.05 Dental Services

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

Notice of Proposed Action

[18-350-P]

     The Secretary of Health proposes to amend Regulations .01—.05 and .07 under COMAR 10.09.05 Dental Services.

Statement of Purpose

The purpose of this action is to outline parameters for coverage of certain medically necessary dental services for dual eligible participants ages 21 through 64 years old, pursuant to S.B. 284 of 2018, Maryland Medical Assistance Program — Dental Coverage for Adults. Additionally, this proposal adds physician assistants as providers who can be EPSDT-certified, clarifies documentation required in order to be a Medicaid provider of dental services, clarifies language regarding patient record sharing for children who receive services at mobile dental units, and clarifies that the Program does not cover implants.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

 

Estimate of Economic Impact

I. Summary of Economic Impact. Based on preliminary analysis, the total estimated cost of the program is $5 million total funds (50 percent federal funds, 50 percent general funds) annually. Given a start date of January 1, 2019, the estimated cost for FY19 is $2.5 million total funds (50 percent federal funds, 50 percent general funds).

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$5,012,922.50

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$4,819,911.60

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. This amount assumes the Centers for Medicare and Medicaid Services (CMS) will approve the waiver the Department applied for to implement the adult dental pilot. Subject to the approval of CMS, the pilot will go into effect January 1, 2019.

The Statewide pilot program will serve individuals between the ages of 21 and 64 who are dually eligible for both Medicare and Medicaid. The Department estimates approximately 38,510 participants will gain dental coverage under the pilot. Average per member per month (PMPM) cost, inclusive of both service costs and administrative fees for the Medicaid Program’s dental benefit manager, is estimated to be $10.82.

Expenditures will be subject to a 50 percent federal match.

D. This amount assumes $0.39 of the PMPM cost covers administrative fees, leaving the remaining $10.43 to cover service costs paid to dental providers.

Economic Impact on Small Businesses

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

Small business dental practices that serve Medicaid dual-eligible participants may benefit from the influx of newly eligible patients.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 4, 2019. A public hearing has not been scheduled.

 

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(8) (text unchanged)

(9) "Covered services" means:

(a) (text unchanged)

(b) Certain medically necessary dental services for pregnant women and REM participants 21 years old or older; [and]

(c) Effective January 1, 2017, all medically necessary dental services for eligible former foster care participants younger than 26 years old[.]; and

(d) Effective January 1, 2019, certain medically necessary services for dual-eligible participants 21 through 64 years old.

(10)­—(12) (text unchanged)

(13) Dual Eligible.

(a) “Dual eligible” means an individual who is enrolled in both the Maryland Medical Assistance Program and Medicare.

(b) “Dual eligible” does not include Medicaid participants who only receive assistance with their Medicare premiums, deductibles, or copayments.

[(13)] (14)[(18)] (19) (text unchanged)

[(19)] (20) “Maryland Healthy Smiles Dental Program” means the Maryland Medicaid dental program that provides coverage for:

(a)—(b) (text unchanged)

(c) Eligible adults 21 years old or older enrolled in the Rare and Expensive Case Management (REM) program; [and]

(d) Eligible former foster care participants younger than 26 years old[.]; and

(e) Eligible participants who are:

(i) Dual eligible; and

(ii) 21 through 64 years old.

[(20)] (21)[(32)] (33) (text unchanged) 

.02 License Requirements.

A.—D. (text unchanged)

E. An EPSDT certified provider shall be:

(1) (text unchanged)

(2) A nurse practitioner who is licensed and certified to practice in the state in which services are provided; [or]

(3) A physician assistant who is licensed to practice in the state in which services are provided; or

[(3)] (4) A local health department, or a federally qualified health center, which has on its staff, and under whose supervision EPSDT services are delivered:

(a) A doctor of medicine licensed in the state in which the service is provided; [or]

(b) A nurse practitioner licensed and certified in the state in which services are provided[.]; or

(c) A physician assistant licensed in the state in which services are provided.

F.—G. (text unchanged)

.03 Provider Qualifications and Conditions for Participation.

A.—B. (text unchanged)

C. To participate in the Program as an EPSDT certified provider of fluoride varnish services, the provider shall:

(1) (text unchanged)

(2) Meet the following requirements:

(a) (text unchanged)

(b) Be a licensed physician, physician assistant, or licensed and certified nurse practitioner, delivering primary health care to children and adolescents; or

(c) (text unchanged)

D. The provider shall:

(1) Complete the Dental Provider Application; and

(2) Submit verification of the National Provider Identifier (NPI) Number[;].

[(3) Complete a W-9 Tax Identification Form; and

(4) Submit a copy of the current professional liability insurance certificate or declaration page (face sheet) of the insurance policy.]

[E. The face sheet referenced in §D(4) of this regulation, shall include:

(1) The name of the insurance company;

(2) The name of the policy holder;

(3) The policy number;

(4) Dates of coverage;

(5) The amounts of coverage; and

(6) The state in which the coverage is effective.]

[F.] E. Mobile Dental Unit.

(1)—(3) (text unchanged) 

(4) The mobile dental unit shall have and utilize the electronic technology that enables the same day exchange of patient records with [the]:

(a) The primary dental office[.]; and

(b) If requested, the dental office of the parent or legal guardian’s choice.

(5) (text unchanged)

(6) A mobile dental unit shall:

(a)—(b) (text unchanged)

(c) Obtain written, informed consent[, which shall be renewed each school year,] from a parent or legal guardian [before treating a minor], which shall:

(i) Be renewed each school year before treating a minor; and

(ii) Allow the parent or legal guardian to request that the dental records be sent to a provider of their choice;

(d)—(u) (text unchanged)

(7)—(8) (text unchanged)

F. For services provided pursuant to Regulation .04C of this chapter, the dental provider shall:

(1) Inform the participant in writing of the $800 annual cap on Medicaid coverage; and

(2) Obtain the participant’s written approval prior to beginning any services that cannot be completed within the cap amount.

.04 Covered Services.

A. The Program covers the following medically necessary dental services for participants younger than 21 years old, and effective January 1, 2017, eligible former foster care participants younger than 26 years old, including but not limited to the following:

(1)—(6) (text unchanged)

(7) Oral Health assessment by an EPSDT certified provider, and if determined medically necessary, the application of fluoride varnish for children 9 months old through [3] 5 years old;

(8)—(9) (text unchanged) 

B. The Program covers the following medically necessary dental services for pregnant participants and REM participants 21 years old or older:

(1) Periodic, limited, and comprehensive oral [examination] examinations;

(2) X-rays, including [single]:

(a) Single first and each additional intraoral periapical film[, and single film and two film bitewings];

(b) Single, two, three, or four film bitewings, which are limited to:

(i) Two per patient per year for REM participants 21 years old or older; or

(ii) One per patient per year for pregnant participants 21 years old or older; and

(c) One panoramic radiographic image every 36 months;

(3) Prophylaxis for adults, which is limited to [two per patient per year;]:

(i) One per patient per 3 months for REM participants 21 years old or older; or

(ii) One per patient per 6 months for pregnant participants 21 years old or older;

(4) Topical application of fluoride, which is limited to [two applications per patient per year;]:

(a) One application per patient per 6 months for REM participants 21 years old or older; or

(b) One application per patient per year for pregnant participants 21 years old or older;

(5) Amalgam restorations for permanent teeth for one, two, three, four, or more surfaces, which are limited to one identical restoration per tooth per [year] 36 months;

(6) Resin restorations for anterior permanent teeth for one, two, three, four, or more surfaces or involving incisal angle, which are limited to one identical restoration per tooth per [year] 36 months;

(7)—(20) (text unchanged)

C. As provided for in the budget, the Program covers the following medically necessary dental services, up to $800 per calendar year, for dual eligible participants who are 21 through 64 years old:

(1) Periodic, limited, and comprehensive oral examinations;

(2) X-rays, including:

(a) Single first and each additional intraoral periapical film limited to six per patient per 12 months;

(b) Single, two, three, or four film bitewings which is limited to one per patient per 12 months; and

(c) One panoramic radiographic image every 36 months;

(3) Prophylaxis for adults, which is limited to one per patient per 6 months;

(4) Amalgam restorations for permanent teeth for one, two, three, four, or more surfaces, which is limited to one identical restoration per tooth per 36 months;

(5) Resin restorations for anterior permanent teeth for one, two, three, four, or more surfaces or involving incisal angle, which are limited to one identical restoration per tooth per 36 months; and

(6) Simple or surgical extractions of an erupted tooth or roots.

[C.] D. The Program shall reimburse for covered services in [§§A and B] §§A—C of this regulation if:

(1)—(4) (text unchanged)

.05 Limitations.

A. (text unchanged)

B. The Program does not cover:

(1)—(15) (text unchanged)

(16) Services when reimbursement is included under another segment of the Program; [and]

(17) Unilateral partial dentures replacing less than three teeth, excluding third molars[.]; and  

(18) Implants.

C. On an annual basis, the Department may evaluate coverage of dental services for dual eligible participants who are 21 through 64 years old on the standards of cost and quality.

.07 Payment Procedures.

A.—F. (text unchanged)

G. Pursuant to Regulation .03F of this chapter, to obtain compensation from the Department for rendering services outlined in Regulation .04C of this chapter, the provider shall:

(1) Inform the participant in writing of the $800 annual cap on Medicaid coverage; and

(2) Obtain the participant’s written approval before beginning any services that cannot be completed within the cap amount.

[G.] H.[N.] O. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 12 MOTOR VEHICLE ADMINISTRATION — LICENSING OF BUSINESSES AND OCCUPATIONS

Notice of Proposed Action

[18-353-P]

The Administrator of the Motor Vehicle Administration proposes to amend:

(1) Regulations .01 and .22 under COMAR 11.12.01 Dealers and Salesmen; and

(2) Regulations .03 and .06 under COMAR 11.12.02 Title Service Agents.

Statement of Purpose

The purpose of this action is to define “service provider”, which includes a dealer, a licensed title service agent, and a qualified owner of a fleet, in order to conform regulations to existing statutory law regarding entities authorized to electronically transmit titling and registration. This action also updates office requirements for a licensed title service agent, clarifies that a surety bond for a licensed title service agent is required to be filed per business entity registered with the State Department of Assessment and Taxation, and eliminates an obsolete requirement for a surety bond.

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 Tracey Sheffield, Regulations Coordinator, MVA, 6601 Ritchie Highway N.E., Room 200, Glen Burnie, MD 21062, or call 410-768-7545, or email to tsheffield@mdot.state.md.us, or fax to 410-768-7506. Comments will be accepted through February 4, 2019. A public hearing has not been scheduled.

 

11.12.01 Dealers and Salesmen

Authority: Commercial Law Article, §14-1502; Transportation Article,
§§12-104(b), 13-503, 13-610, 13-621, 15-102, 15-103, 15-105, 15-107,
15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406,
15-408, 15-409, and 15-411; Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

 

B. Terms Defined.

(1) — (13) (text unchanged)

(14) “Service provider” has the meaning stated in Transportation Article, §13-610, Annotated Code of Maryland.

.22 [Dealer Fee] Service Provider — Electronic Transmission of Titling and Registration Information.

A. [Dealers] Service providers electronically transmitting titling and registration information to the Administration as set forth by Transportation Article, §13-610, Annotated Code of Maryland, may charge the transferee of the vehicle a service fee in addition to any fees specified in Transportation Article, §15.311.1, Annotated Code of Maryland, and COMAR 11.11.05. This service fee may not exceed $20 per electronic transmission.

B. Service fees charged under §A of this regulation are retained by the [dealer] service provider and are not forwarded to the Administration.

 

11.12.02 Title Service Agents

Authority: Transportation Article, §§12-104(b), 15-102, 15-103, 15-105,
15-106, 15-108, and 15-604—15-606, Annotated Code of Maryland

.03 Office Requirements.

A. —B. (text unchanged)

C. A title service agent's office shall [contain, at a minimum,] be equipped with:

[(1) Desk;

(2) Chair;]

[(3)] (1) [File cabinet] A secure area for storage of State property; and

[(4)] (2) Telephone [used specifically for] service in the name of the title service business.

D. Signs. A title service agent's office shall have, unless prohibited by local ordinances, a sign which shall[:

(1) Be legible from the street or highway; and

(2) Clearly] clearly indicate the type of business conducted at the office.

E. (text unchanged)

.06 Surety Bond.

A. An applicant for a license shall file with the Administration, per business entity registered with the State Department of Assessment and Taxation, acceptable evidence of a surety bond in such form as the Administration shall approve and with a surety approved by the Administration in the sum set forth in Transportation Article, §15-604, Annotated Code of Maryland.

[B. The surety bond shall include a written certificate from the bonding company listing the representatives of the title service agent who are covered by the bond.]

[C.] B. (text unchanged)

CHRISTINE NIZER
Administrator
Motor Vehicle Administration

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 04 SPECIFIC SUBJECTS

13A.04.07 Gifted and Talented Education

Authority: Education Article, §§5-401(d) and 8-201[8-203] 8-204, Annotated Code of Maryland

Correction to Notice of Open Meeting

[18-337-P]

The Notice of Open Meeting that appeared in 45:26 Md. R. 1269 (December 21, 2018) has been changed to correct the date, as follows:

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on February 26, 2019, 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

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

 

Subtitle 12 CERTIFICATION

13A.12.04 Administrators and Supervisors

Authority: Education Article, §§2-205, 2-303(g), and 6-7016-705, Annotated Code of Maryland

Correction to Notice of Open Meeting

[18-336-P]

The Notice of Open Meeting that appeared in 45:26 Md. R. 1270 (December 21, 2018) has been changed to correct the date, as follows:

Open Meeting

Final action on the proposal will be considered by the Professional Standards and Teacher Education Board during a public meeting to be held on March 7, 2019, 9:30 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

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

 

 


Errata

COMAR 10.34.05.05

At 45:26 Md. R. 1267 (December 21, 2018), column 1, line 12 from the bottom:

For:       [(4)] (d) U.S. Drug Enforcement Administration.]; and

Read:          [(4)] (d) U.S. Drug Enforcement Administration[.]; and

 

[19-01-39]

 


Special Documents

 


DEPARTMENT OF THE ENVIRONMENT

 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:  October 1-31, 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, 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):

Inflection Energy (PA), LLC; Pad ID: Hillegas Well Pad, ABR-201308017.R1; Upper Fairfield Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd;  Approval Date: October 11, 2018.

Inflection Energy (PA), LLC; Pad ID: Bennett Well Pad, ABR-201308015.R1; Eldred Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: October 19, 2018.

Cabot Oil & Gas Corporation; Pad ID: PavelskiJ Pad 1, ABR-201810001; Gibson Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: October 19, 2018.

Repsol Oil & Gas USA, LLC ; Pad ID: DCNR 594 (02 200), ABR-201810002; Liberty Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date:  October 22, 2018.

Chief Oil & Gas LLC, Pad ID:  HEMLOCK  RIDGE ESTATES UNIT PAD; ABR-201810003; McNett Township, Lycoming County, Pa.; Consumptive Use of Up to 2.5000 mgd; Approval Date:  October 24, 2018.

ARD Operating, LLC; Pad ID: Lycoming H&FC Pad F; ABR-201309015.R1; Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: October 26, 2018.

 

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

 

 

Dated:  December 19, 2018.

JASON E. OYLER
Acting Secretary of the Commission

[19-01-28]

 

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:  November 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, 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):

Cabot Oil & Gas Corporation; Pad ID: FoltzJ P1, ABR-201311002.R1; Brooklyn Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.2500 mgd; Approval Date: November 9, 2018.

Repsol Oil & Gas USA, LLC; Pad ID: DCNR 594 (02-201), ABR-201811001; Liberty Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: November 13, 2018.

Cabot Oil & Gas Corporation; Pad ID: AckerC P1, ABR-201311004.R1; Bridgewater Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.2500 mgd; Approval Date: November 13, 2018.

Repsol Oil & Gas USA, LLC ; Pad ID: CLDC (02 177), ABR-201811002; Ward Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date:  November 19, 2018.

Cabot Oil & Gas Corporation; Pad ID: AndersonR P1, ABR-201311009.R1; Auburn Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.2500 mgd; Approval Date: November 19, 2018.

Chesapeake Appalachia, L.L.C.; Pad ID: Pond Family; ABR-201811004; Wilmot Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: November 21, 2018.

Cabot Oil & Gas Corporation; Pad ID: PowersM P1, ABR-201811003; Auburn Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: November 26, 2018.

SWEPI LP; Pad ID: Sherman 492W, ABR-201310001.R1; Sullivan Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: November 30, 2018.

Range Resources – Appalachia, LLC; Pad ID: State Game Lands 075A – East Pad, ABR-201311005.R1; Pine Township, Lycoming County, Pa.; Consumptive Use of Up to 1.0000 mgd; Approval Date: November 30, 2018.

 

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

 

Dated:  December 19, 2018.

JASON E. OYLER
Acting Secretary to the Commission.

 

[19-01-27]

 

SUSQUEHANNA RIVER BASIN COMMISSION

Actions Taken at December 6, 2018, Meeting

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  As part of its regular business meeting held on December 6, 2018, in Harrisburg, Pennsylvania, the Commission approved or tabled the applications of certain water resources projects, and took additional actions, as set forth in the Supplementary Information below.

 

DATES:  December 6, 2018.

 

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

 

FOR FURTHER INFORMATION CONTACT:  Ava Stoops, Administrative Specialist, telephone:  717-238-0423; fax:  717-238-2436; srbc@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) adopting the independent financial audit report for fiscal year 2018; 2) approval of several grant agreements; 3) adoption of a resolution urging President Trump and the United States Congress to provide full funding for the national Groundwater and Streamflow Information Program, thereby supporting the Susquehanna Flood Forecast & Warning System; 4) adopting a resolution approving a consumptive use mitigation project located in Lancaster County, Pa. and approving the signing of a water supply agreement with the Lancaster County Solid Waste Management Authority; 5) adopting a resolution deferring updates to the Comprehensive Plan for the Water Resources of the Susquehanna River Basin until 2021; 6) approving a request for waiver of 18 CFR §806.31, and 7) approving a settlement with EQT Production Company for $120,000.

 

Project Applications Approved:

The Commission approved the following project applications:

Project Sponsor and Facility:  City of Aberdeen, Harford County, Md.  Modification to extend the approval term of the surface water withdrawal approval (Docket No. 20021210) to be coterminous with a revised Maryland Department of the Environment State Water Appropriation and Use Permit for the Aberdeen Proving Ground-Aberdeen Area.

Project Sponsor and Facility:  City of Aberdeen, Harford County, Md.  Modification to extend the approval term of the consumptive use approval (Docket No. 20021210) to be coterminous with a revised Maryland Department of the Environment State Water Appropriation and Use Permit for the Aberdeen Proving Ground-Aberdeen Area.

Project Sponsor and Facility:  Adams & Hollenbeck Waterworks, LLC (Salt Lick Creek), New Milford Township, Susquehanna County, Pa.  Application for renewal of surface water withdrawal of up to 0.720 mgd (peak day) (Docket No. 20141209).

Project Sponsor and Facility:  ARD Operating, LLC (Pine Creek), Watson Township, Lycoming County, Pa.  Application for renewal of surface water withdrawal of up to 0.720 mgd (peak day) (Docket No. 20141201).  

Project Sponsor and Facility:  Bloomfield Borough Water Authority, Bloomfield Borough, Perry County, Pa.  Application for groundwater withdrawal of up to 0.055 mgd (30-day average) from Perry Village Well 2.

Project Sponsor and Facility:  Denver Borough Authority, Denver Borough, Lancaster County, Pa.  Application for renewal of groundwater withdrawal of up to 0.098 mgd (30-day average) from Well 2 (Docket No. 19890104).

 Project Sponsor and Facility:  Denver Borough Authority, Denver Borough, Lancaster County, Pa.  Application for renewal of groundwater withdrawal of up to 0.092 mgd (30-day average) from Well 3 (Docket No. 19890104).

Project Sponsor and Facility:  East Cocalico Township Authority, East Cocalico Township, Lancaster County, Pa.  Application for renewal of groundwater withdrawal of up to 0.045 mgd (30-day average) from Well 10 (Docket No. 19890101). 

Project Sponsor and Facility:  East Cocalico Township Authority, East Cocalico Township, Lancaster County, Pa.  Application for renewal of groundwater withdrawal of up to 0.059 mgd (30-day average) from Well 9 (Docket No. 19890101).

Project Sponsor and Facility:  Eclipse Resources-PA, LP (Pine Creek), Gaines Township, Tioga County, Pa.  Application for surface water withdrawal of up to 3.000 mgd (peak day).

Project Sponsor and Facility:  Masonic Village at Elizabethtown, West Donegal Township, Lancaster County, Pa.  Modification to increase consumptive use by an additional 0.055  mgd (peak day), for a total consumptive use of up to 0.230  mgd (peak day) (Docket No. 20030811).

Project Sponsor and Facility:  Repsol Oil & Gas USA, LLC (Seeley Creek), Wells Township, Bradford County, Pa.  Application for renewal of surface water withdrawal of up to 0.750 mgd (peak day) (Docket No. 20141212).

Project Sponsor and Facility:  Repsol Oil & Gas USA, LLC (Wyalusing Creek), Stevens Township, Bradford County, Pa.  Application for renewal of surface water withdrawal of up to 1.500 mgd (peak day) (Docket No. 20141213).

Project Sponsor and Facility:  Schuylkill Energy Resources, Inc., Mahanoy Township, Schuylkill County, Pa.  Application for renewal of groundwater withdrawal of up to 5.000 mgd (30-day average) from Maple Hill Mine Shaft Well (Docket No. 19870101). 

Project Sponsor and Facility:  Schuylkill Energy Resources, Inc., Mahanoy Township, Schuylkill County, Pa.  Application for renewal of consumptive use of up to 2.550 mgd (peak day) (Docket No. 19870101).

Project Sponsor and Facility:  SWEPI LP (Cowanesque River), Nelson Township, Tioga County, Pa.  Application for renewal of surface water withdrawal of up to 0.533 mgd (peak day) (Docket No. 20141211).

Project Sponsor and Facility:  Tenaska Resources, LLC (Cowanesque River), Westfield Township, Tioga County, Pa.  Application for renewal of surface water withdrawal of up to 0.400 mgd (peak day) (Docket No. 20141214).

 

Project Applications Tabled:

The Commission tabled action on the following project applications:

Project Sponsor:  Aqua Pennsylvania, Inc.  Project Facility:  Beech Mountain System, Butler Township, Luzerne County, Pa.  Application for groundwater withdrawal of up to 0.144 mgd (30-day average) from Beech Mountain Well 1. 

Project Sponsor:  Aqua Pennsylvania, Inc.  Project Facility:  Beech Mountain System, Butler Township, Luzerne County, Pa.  Application for groundwater withdrawal of up to 0.144 mgd (30-day average) from Beech Mountain Well 2. 

Project Sponsor:  Aqua Pennsylvania, Inc.  Project Facility:  Beech Mountain System, Butler Township, Luzerne County, Pa.  Application for groundwater withdrawal of up to 0.124 mgd (30-day average) from Beech Mountain Well 3. 

 

Project Involving a Diversion:

The Commission approved the following project application involving a diversion:

Project Sponsor and Facility:  City of Aberdeen, Harford County, Md.  Modification to extend the approval term of the out-of-basin diversion approval (Docket No. 20021210) to be coterminous with a revised Maryland Department of the Environment State Water Appropriation and Use Permit for the Aberdeen Proving Ground-Aberdeen Area.

 

Commission-Initiated Project Approval Modifications

The Commission approved the following project approval modifications:

Project Sponsor and Facility:  Fox Hill Country Club, Exeter Borough, Luzerne County, Pa.  Conforming the grandfathering amount with the forthcoming determination for a groundwater withdrawal of up to 0.125 mgd (30-day average) from the Halfway House Well (Docket No. 20020605).

Project Sponsor and Facility:  Norwich Pharmaceuticals, Inc., Town of North Norwich, Chenango County, N.Y.  Conforming the grandfathering amount with the forthcoming determination for groundwater withdrawals of up to 0.106 mgd (30-day average) from Well 1 and up to 0.082 mgd (30-day average) from Well 2 (Docket No. 20050902).

 

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

 

 

Dated:  December 19, 2018.

 

JASON E. OYLER
Acting Secretary to the Commission

[19-01-26]

 

WATER AND SCIENCE ADMINISTRATION

Final Determination to Modify a Stormwater Permit
Prince George’s County, Maryland

 

The Maryland Department of the Environment (MDE) has reached a final determination to modify the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer (MS4) permit issued to Prince George’s 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 Prince George’s 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.  Prince George’s County officially requested a modification of its current permit (Discharge Permit Number 11-DP-3314 MD0068284) on August 31, 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., January 1, 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. 

MDE’s final determination is subject to judicial review at the request of any person that meets the threshold standing requirements under federal law and participated in the public participation process through the submission of written or oral comments.  The final determination may be found on MDE’s website at:

https://mde.maryland.gov/programs/Water/StormwaterManagementProgram/Pages/storm_gen_permit.aspx

The final determination is also available by contacting Mr. Raymond Bahr at 410-537-3545 or 1-800-633-6101.  Requests for judicial review in accordance with §1-601 and §1-605 of the Environment Article need to be made on or before January 20, 2019.

[19-01-06]

 


 

MARYLAND HEALTH CARE COMMISSION

SCHEDULES FOR CERTIFICATE OF NEED REVIEW

The Maryland Health Care Commission provides the following updated schedule to interested members of the public and sponsors of health care facility and service projects subject to Certificate of Need (“CON”) review and approval.

The general criteria for Certificate of Need review are set forth at COMAR 10.24.01.08G(3). An applicant must demonstrate that the proposed project is consistent with these review criteria.  It will be noted that the first criterion is evaluation of the project according to all relevant State Health Plan standards, policies and criteria. 

This Certificate of Need review schedule updates the  Freestanding Ambulatory Surgical Facility Projects schedule published in the Maryland 7Register, Volume 45, Issue 20, pages 956-957 (September 28, 2018). All other schedules published on September 29, 2018 remain in effect.  This review schedule is not a solicitation by the Commission for Certificate of Need applications, and does not indicate that additional capacity is needed in services subject to Certificate of Need review or that Certificate of Need applications submitted for the services described will be approved by the Commission.

Applicants are encouraged to discuss their development plans and projects with the Commission Staff prior to filing letters of intent or applications.

Letters of Intent and applications for scheduled reviews may only be received and reviewed according to these published schedules.   All Letters of Intent and Certificate of Need applications, including all of the required number of copies of CON applications, must be received at the offices of the Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, Maryland 21215, no later than 4:30 p.m. on the scheduled date of submission.  Letters of intent for projects not covered by this review schedule may be filed at any time.

For further information about review schedules or procedures, call Kevin McDonald, Chief, Certificate of Need, at (410) 764-5982.

 

Freestanding Ambulatory Surgical Facility Projects

The Commission hereby publishes the following schedules for the submission of applications to establish freestanding ambulatory surgical facilities, add operating rooms at an existing freestanding ambulatory surgical facility, or make a capital expenditure by or on behalf of a freestanding ambulatory surgical facility that requires Certificate of Need review and approval.  The definition of freestanding ambulatory surgical facility can be found at Health-General Article §19-114(b).

 

Schedule One

Freestanding Ambulatory Surgical Facility Projects

 

Region

Letter of Intent
Due Date

Pre-Application
Conference Date

Application
Submission Date

Montgomery & Southern Maryland

February 1, 2019

February 13, 2019

April 5, 2019

Eastern Shore

April 5, 2019

April 17, 2019

June 7, 2019

Western Maryland

May 3, 2019

May 15, 2019

July 5, 2019

Central Maryland

June 7, 2019

June 19, 2019

August 9, 2019

 

Schedule Two
Freestanding Ambulatory Surgical Facility Projects

 

Region

Letter of Intent
Due Date

Pre-Application
Conference Date

Application
Submission Date

Western Maryland

August 2, 2019

August 14, 2019

October 4, 2019

Central Maryland

October 4, 2019

October 16, 2019

December 6, 2019

Eastern Shore

November 1, 2019

November 13, 2019

January 3, 2020

Montgomery & Southern Maryland

December 6, 2019

December 18, 2019

February 7, 2020

[19-01-37]

 

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Proposed Additions to Handgun Roster and Notice of Right to Object or Petition

 

     The following is a list of handguns that the Handgun Roster Board proposes to add to the official handgun roster.  These handguns will be officially placed on the Handgun Roster if no timely objection is received or if all timely objections are dismissed.

     Under the Public Safety Article, §5-405, Annotated Code of Maryland and COMAR 29.03.03.13 and .14, any person may object to the placement of any of those handguns on the Handgun Roster.  Objections must be filed within 30 days after January 4, 2019.  In addition, any person may petition for the placement of an additional handgun on the Handgun Roster.  Forms for objections or petitions may be obtained from: Marlene Jenkins, Administrator, Handgun Roster Board, 1201 Reisterstown Road, Pikesville, Maryland 21208.

 

Manufacturer

Model Name

Model Number

Caliber

Additional Explanation

Akai Custom Guns LLC

1911 & 2011 FRAME (ONLY)

 

9mm, .40 S&W, .45 ACP, 10mm

FRAME ONLY

American Tactical

FX G.I.

ATI-FX-9GI

9mm

Model/Caliber Addition

Angstadt Arms

UPD 9, UDP 45

 

9mm, 45 ACP

 

Armscor Philippines – Rock Island Armory  (Armscor Precision International) 

M-1911 A1 FS

51615

9mm

 

Armscor Philippines – Rock Island Armory  (Armscor Precision International) 

M-1911 A1 FS

51632

9mm

 

Armscor Philippines – Rock Island Armory  (Armscor Precision International) 

MAPP FS

51655

9mm

 

Armscor Philippines – Rock Island Armory  (Armscor Precision International) 

M-1911 A1 FS

51433

.45 ACP

 

Armscor Philippines – Rock Island Armory  (Armscor Precision International) 

M-1911 A1 FS

51473

.45 ACP

 

Armscor Philippines – Rock Island Armory  (Armscor Precision International) 

M-1911 A1 CS

51416

45 ACP

 

Armscor Philippines – Rock Island Armory  (Armscor Precision International) 

M-1911 A1 FS

51815

.38 Super

 

Armscor Philippines – Rock Island Armory  (Armscor Precision International) 

MAPP 1 MS

51656

9mm

 

Armscor Philippines – Rock Island Armory  (Armscor Precision International) 

M 1911 A1 FS 22 XT

51937

45 ACP, 22 LR

 

Armscor Philippines – Rock Island Armory  (Armscor Precision International) 

M 1911 A1 FS MATCH

51434

.45 ACP

 

Armscor Philippines – Rock Island Armory  (Armscor Precision International) 

M 1911 A1 TACT

51961

22 TCM, 9mm

 

Armscor Philippines – Rock Island Armory  (Armscor Precision International)

M 1911 A1 MS

51417

.45 ACP

 

Armscor Philippines – Rock Island Armory  (Armscor Precision International) 

M 1911 A1 FS 22 XTM

51996

.22 Magnum

Model Addition

Armscor Philippines – Rock Island Armory (Armscor Precision International)

M206

512833, 51280, 51289

38 Special

 

Atlas Gunworks

Complete Frame 1911

 

9mm, .40S&W, .45ACP, 10mm, 357 Sig

FRAME ONLY

BRNO/CZ

P-09

91270

9mm

Model Addition

BRNO/CZ (CZ U.S.A.)

BREN2s

91370 , 91371, 91372, 91380, 91381, 91382 

5.56 X 45 mm,
7.62X 39mm

 

 

C.Z. U.S.A.

P 10 C

91528, 01528

9mm

Model Addition

C.Z. U.S.A.

CZ 75 Tactical Sport Orange

91260, 01260

.40 S&W

Model Addition

Canik (Century Arms Intl.)

TP 9 SA Mod 2

HG4542-N, HG4542D-N, HG4543-N, HG4543D-N

9mm

 

Canik (Century Arms Intl)

TP 9 Elite Combat

HG4617D-N

9mm

 

Carl Walther

PPQ SC

2815249, 2815249TNS

9mm

 

CMMG

MKG Banshee,
MKGS Banshee

 

45A6972, 99A178D

9mm, .45 ACP

 

Colt/Colt Mfg.

Special Combat Government

O2580CM

38 Super

Model Addition

Cylinder & Slide

Pocket Model M2008

 

.45 ACP

 

Dan Wesson

TCP

01846, 01845

9mm, .45 ACP

 

Dan Wesson

ECP

01884, 01883

9mm, .45 ACP

 

Dan Wesson

Vigil

01831, 01830

9mm, .45 ACP

 

Dan Wesson

A 2

01844, 01946, 01947

.45 ACP

 

Ed Brown Products

ZEV 1911

FX-ZEV-G4-9

9mm

 

Ed Brown Products

Elite LS 10

ET18-G4-LS10

10mm

 

Franklin Armory

SALUS

XO-26-S

300 Blackout

Caliber Addition

Glock

45 Gen 5

 

9mm

 

Glock

17 Gen 5 MOS

 

9mm

Model Addition

Glock

19 Gen 5 MOS

 

9mm

Model Addition

Heckler & Koch

HK 45 Compact Tactical

Hk45 CT

.45 ACP

Model Addition

Heckler & Koch

VP 9-B

 

9mm

 

JemGuns, LLC

2011 High Cap Frame

N/A

N/A

FRAME

Kimber

Home Guard 9

490033

9mm

Model Addition

Kimber

Aegis Elite Custom

3000352

.45 ACP

Model Addition

Kimber

KHX Pro

3000362

.45 ACP

Model/Caliber Addition

Kimber

Team Match II

N/A

9mm

Caliber Addition

MKE (Zenith)

Z-5RS Pistolman

 

9mm

Model Addition

MKE (Zenith)

Z 5 RS SB CLASSIC

MKZ5RSFBT9BK

9mm

Model Addition

MKE (Zenith)

Z 5 K SB CLASSIC

MKZ5K0FBS9BK

9mm

Model Addition

MKE (Zenith)

Z 5 K SB Rail

MKZ5K0FBR9BK

9mm

Model Addition

MKE (Zenith)

Z 5RS SB Rail

MKZ5RSFBRMBK

9mm

Model Addition

MKE (Zenith)

Z 5P SB CLASSIC

MKZ5P0FBS9BK

9mm

Model Addition

MKE (Zenith)

Z 5P SB RAIL

MKZ5P0FBR9BK

9mm

Model Addition

Nighthawk Custom

Silent Hawk

N/A

9mm

 

Remington Arms

1911 R-1 Enhanced TB

96339

45 ACP

Model Addition

Robinson Armament

XCR-L

 

5.56 Nato (223 Remington), 300 Blackout, 6.8 SP, 5.45X39 mm

 

Sig Sauer/Sigarms Inc.

M17 &  M 17 commemorative

 

9mm

 

Sig Sauer/Sigarms Inc.

MPX Pistol

MPX-K-9-KM-PSB

 

9mm

Model Addition

Sig Sauer/Sigarms Inc.

P 938 STAND

938-9-STAND-AMBI

9mm

Model Addition

Smith & Wesson

M&P 45 M2.0 (Compact)

12105

.45 ACP

Model Addition

Smith & Wesson

M&P 45 M2.0 Compact

Sku# 12105, Sku# 12106

.45 ACP

Model Addition

Smith & Wesson

M&P 380 EZ Shield

SKU # 12493

.380 Auto

Model Addition

Smith & Wesson

M&P 45 Shield M2.0

SKU # 11531, 11629, 11704, 11705, 11726, 11727, 12090, 180022, 11881

.45 ACP

Model/Caliber Addition

Smith & Wesson

M&P 9 M2.0

SKU # 11765, 12414, 12413, 11758, 12487

9mm

Model Additions

Smith & Wesson

M&P 40 Shield M2.0

SKU# 11674, 11813, 11815, 11816, 11904

.40 S&W

Model Additions

Smith & Wesson

M&P 9 Shield M2.0

SKU# 11807, 11809, 11811, 11903

9mm

Model Additions

Smith & Wesson

M&P 40 M2.0

SKU #11764,11990

.40 S&W

Model Additions

Springfield Armory

Saint

ST9093007

300 Blackout

Caliber Addition

Springfield Armory

XDm-10

XDM94510BHCE

10 mm

Caliber Addition

Springfield Armory

CDS MOD 2 9mm

XDSG9339BVR

9mm

Model Addition

Springfield Armory

Range Officer Elite Compact

PI9125E

9mm

Caliber Addition

Sturm Ruger

GP 100

1776 (Talo Exclusive)

.357 Magnum

Model Addition

Sturm Ruger

Mark IV 22/45 Lite

43917

22 LR

Model Addition

Sturm Ruger

LCP II

3786

380 Auto

Model Addition

Sturm Ruger

New Model Single Six

680

22 LR

Model Addition

Sturm Ruger

New Vaquero   (NRA 2009 Gun of the Year - Matched Set)

5123, 5122

.45 LC

 

Sturm Ruger

SR 1911

6704

.45 ACP

Model Addition

Sturm Ruger

Mark IV 22/45 Lite

43924

22 LR

Model Addition

Sturm Ruger

LCP II

3788

.380 ACP

Model Addition

Sturm Ruger

GP 100

1749

357 Magnum

Model Addition

Sturm Ruger

New Model  Blackhawk (Bisley)

0407, 0470

45 LC

Model Additions

Tactical Edge

RD-9

 

9mm

 

Taurus

G2S

1-G2S931, 1-G2S939, 1-G2S939B

9mm

Model Addition

Taurus

G2C

G2C931-10, G2C939-10, G2C4031-10, G2C4039-10

40 S&W

Model/Caliber Addition

Taurus

Spectrum

1-007039-301, 1- 007039-201

380 ACP

Model Additions

Tisas (LKCI Ltd)

Regent BR 9

N/A

9mm

 

 

[19-01-31]

 


 

DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSPORTATION AUTHORITY

Subject: Notice of Submission and Posting of Presolicitation Report for I-495 & I-270 Public-Private Partnership (P3) Program

 

Add’l Info: The Maryland Department of Transportation and the Maryland Transportation Authority, in accordance with State Finance and Procurement Article § 10A-201 of the Annotated Code of Maryland, have submitted the Presolicitation Report for the I-495 & I-270 P3 Program to the Senate Budget and Taxation Committee, House Ways and Means Committee, House Appropriations Committee, the Comptroller, State Treasurer, and Department of Legislative Services of the State of Maryland.  The Presolicitation Report details the rationale, benefits, risks, and process of pursuing a public-private partnership to deliver a system of priced managed lanes on I-495 and I-270 in Montgomery County and Prince George’s County.  The report is posted at https://495-270-p3.com/p3-information/presolicitation-report/.  The reporting agencies expect to seek designation of the I-495 & I-270 P3 Program as a public-private partnership from the Board of Public Works in February 2019 in order to begin a solicitation in April 2019.

 

Contact: Lisa B. Choplin, DBIA

Director, I-495 & I-270 P3 Office

Email: I495_I270_P3@sha.state.md.us

Phone: 833-858-5960

 

[19-01-38]

 

OFFICE OF MINORITY BUSINESS ENTERPRISE

Subject: Announcement of Calendar Year 2019 Limitation on the Personal Net Worth (PNW) of a Socially and Economically Disadvantaged Individual as It Relates to Certification of a Minority Business Enterprise (MBE)

 

Add'l. Info.: The Maryland Department of Transportation Office of Minority Business Enterprise (OMBE) gives notice that effective January 1, 2019, the Personal Net Worth of a disadvantaged owner whose ownership interest in a firm is relied upon for certification in the State’s Minority Business Enterprise (MBE) program, may not exceed $1,749,347. This PNW will apply to all MBE certification decisions rendered between January 1, 2019 and December 31, 2019.

 

 

 

This action is taken in accordance with the State Finance and Procurement Article, §14-301(k)(3), Annotated Code of Maryland.

 

Contact: Sabrina Bass (410) 865-1240

 

[19-26-15]

 

 


General Notices

 

Notice of ADA Compliance

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

 


COMPTROLLER OF THE TREASURY/ADMINISTRATION AND FINANCE

Subject: 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 one year.

Therefore, with Board of Public Works approval of items, #38-CGL and #42-CGL DEPARTMENT OF GENERAL SERVICES Agenda Items, December 19, 2018, we submit for publication the following cancellation of bond authorization(s) in accordance with the above referenced articles:

University of Maryland Medical Center Midtown Campus:

Ch. 495, Acts of 2015; $65,988.45; authorized the funds to renovate the University of Maryland Medical Center’s Midtown Campus to provide a new location for the existing Renal Dialysis Unit.

Good Shepherd School (Senate):

Ch. 27, Acts of 2016; $50,000; authorized the funds for the acquisition, planning, design, construction, repair, renovation, reconstruction, and capital equipping of the Good Shepherd School, located in Baltimore County.

Good Shepherd School (House):

Ch. 27, Acts of 2016; $50,000; authorized the funds for the acquisition, planning, design, construction, repair, renovation, reconstruction, and capital equipping of the Good Shepherd School, located in Baltimore County.

Re Rentuma, Fiscal Specialist, Administration and Finance

Contact: Re Rentuma (410) 260-7909

[19-01-30]

 

GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION

Subject: Public Hearing

Date and Time: January 9, 2019, 10 a.m. — 12 p.m.

Place: 100 Community Pl., Crownsville, MD

Contact: Rebecca Allyn (410) 697-9384

[19-01-09]

 

GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION

Subject: Public Meeting

Date and Time: January 17, 2019, 1:30 — 3:30 p.m.

Place: 100 Community Pl., Crownsville, MD

Add'l. Info: Children's Justice Act Committee Meeting

Contact: Jessica Wheeler (410) 697-9342

[19-01-10]

 

BOARD OF DIETETIC PRACTICE

Subject: Public Meeting

Date and Time: January 17, 2019, 10 a.m. — 1 p.m.

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

Add'l. Info: A portion of this meeting is closed for administrative session.

Contact: Marie Savage (410) 764-4733

[19-01-05]

 

MARYLAND STATE DEPARTMENT OF EDUCATION

Subject: Public Hearing

Dates and Times: February 4, 2019, 4:30 — 7:30 p.m.

February 21, 2019, 4:30 — 7:30 p.m.

Place: Baltimore County Public Library, Owings Mills Branch, 10302 Grand Central Ave., Owings Mills, MD

Add'l. Info: Maryland's Career and Technology Education (CTE) Transition Year State Plan

Contact: Jeanne-Marie Holly (410) 767-0182

[19-01-25]

 

EMERGENCY MEDICAL SERVICES BOARD

Subject: Public Meeting

Date and Time: January 15, 2019, 10 a.m. — 12 p.m. Part of the meeting may include a closed session.

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

Contact: Leandrea Gilliam (410) 706-4449

[19-01-04]

 

MARYLAND DEPARTMENT OF HEALTH/ STATE COMMUNITY HEALTH WORKER ADVISORY COMMITTEE

Subject: Public Meeting

Date and Time: February 11, 2019, 1 — 3 p.m.

Place: Maryland Department of Health, 201 W. Preston St., Rm. L-3, Baltimore, MD

Contact: Kim Hiner  (410) 767-2301

[19-01-11]

 

MARYLAND DEPARTMENT OF HEALTH/ STATE COMMUNITY HEALTH WORKER ADVISORY COMMITTEE

Subject: Public Meeting

Date and Time: April 22, 2019, 1 — 3 p.m.

Place: Maryland Department of Health, 201 W. Preston St., Rm. L-3, Baltimore, MD

Contact: Kim Hiner  (410) 767-2301

[19-01-12]

 

MARYLAND DEPARTMENT OF HEALTH/ STATE COMMUNITY HEALTH WORKER ADVISORY COMMITTEE

Subject: Public Meeting

Date and Time: June 17, 2019, 1 — 3 p.m.

Place: Maryland Department of Health, 201 W. Preston St., Rm. L-3, Baltimore, MD

Contact: Kim Hiner (410) 767-2301

[19-01-13]

 

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: January 24, 2019, 10 a.m. — 12 p.m.

Place: Montgomery Park Business Center, 1800 Washington Blvd. Ste. 300, Baltimore, MD

Contact: Kathy Lingo (410) 230-8790

[19-01-16]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: January 17, 2019, 1 — 4 p.m.

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

Contact: Valerie Wooding (410) 764-3570

[19-01-01]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Formal Start of Review

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

Johns Hopkins Bayview Medical Center – Matter No. 18-24-2414 Construction of a new inpatient building and renovation of two existing buildings on the hospital campus. Estimated Project Cost: $468,852,000

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

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

Persons desiring to become interested parties in the Commission’s review of the above-referenced application(s) 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 February 4, 2019. These comments must state with particularity the State Health Plan standards or review criteria that you believe have not been met by the applicant(s) as stated in COMAR 10.24.01.08F.

Please refer to the Docket Number listed above in any correspondence on the application(s). 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 & Development, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, Maryland 21215.

Contact: Ruby Potter (410) 764-3276

[19-01-23]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Notice of Project Change

Add'l. Info: On December 13, 2018 the Maryland Health Care Commission (MHCC) received notice and a request for approval of project changes under COMAR 10.24.01.17B from Anne Arundel Medical Center Mental Health Hospital., holder of a Certificates of Need (CON), Docket No. 16-02-2375

The project’s sponsor has requested approval:

1.  Increase in cost of the project by $3,300,763

2.  Change in the legal name of the entity designated to be the licensee

Please refer to the Docket No. listed above in any correspondence on this request, a copy of which is available for review by appointment in MHCC offices during regular business hours. All correspondence should be addressed to: Kevin McDonald, Chief, Certificate of Need, MHCC, 4160 Patterson Avenue, Baltimore, Maryland 21215.

Contact: Ruby Potter (410) 764-3276

[19-01-38]

 

DEPARTMENT OF NATURAL RESOURCES/FISHERIES SERVICE

Subject: Public Notice — 2019 Summer Flounder Season, Size Limit and Creel Limit — Effective 1/1/19

Add'l. Info: The Secretary of the Maryland Department of Natural Resources, pursuant to the COMAR  08.02.05.12F, announces the season, catch limit, and minimum size for the summer flounder fishery 2019. Effective 12:01 a.m. January 1, 2019:

•The season is open January 1, 2019 through December 31, 2019.

•Recreational anglers may keep up to 4 summer flounder per person per day.

•The recreational minimum size for summer flounder is 16 ½ inches in all Maryland state waters.

•The commercial hook and line minimum size for summer flounder is 16 ½ inches in all Maryland state waters.

•The commercial minimum size for summer flounder caught by gear other than hook and line is 14 inches.

All other rules remain the same.

Mark J. Belton

Secretary of Natural Resources

Contact: Tamara O'Connell (410) 507-0779

[19-01-36]

 

DEPARTMENT OF NATURAL RESOURCES/FISHING AND BOATING SERVICES

Subject: Public Notice — Commercial Striped Bass Chesapeake Bay Individual Transferable Quota Gill Net Season Modification

Add'l. Info: The Secretary of the Maryland Department of Natural Resources, pursuant to COMAR 08.02.15.12H announces that the 2018 commercial individual transferable quota (ITQ) striped bass fishery is modified to allow for striped bass harvest with gill nets on Saturdays for the remainder of 2018. A commercial striped bass permit holder in the ITQ fishery is limited to the quota assigned to their striped bass permit. All other rules and restrictions will remain in effect. The season modification will go into effect on Saturday, December 15, 2018 at 3:00 a.m.

Mark J. Belton

Secretary of Natural Resources

Contact: Tamara O'Connell (410) 507-0779

[19-01-15]

 

DEPARTMENT OF NATURAL RESOURCES/FISHING AND BOATING SERVICES

Subject: Public Notice — Commercial Striped Bass Common Pool Gill Net Season Modification — Effective 12/18/18

Add'l. Info: The Secretary of Maryland Department of Natural Resources, pursuant to COMAR 08.02.15.12H announces the opening of the 2018 commercial striped bass common pool gill net fishery on Tuesday, December 18, 2018 at 3:00 a.m., with a catch limit of 200 lbs/permit/week and 800 lbs/vessel/day. The common pool fishery will close on Tuesday, December 18, 2018 at 11:59 p.m.

     Mark J. Belton

     Secretary of Natural Resources

Contact: Tamara O'Connell (410) 507-0779

[19-01-17]

 

DEPARTMENT OF NATURAL RESOURCES/FISHING AND BOATING SERVICES

Subject: Public Notice — Commercial Striped Bass Common Pool Gill Net Season Modification — Effective 1/8/19

Add'l. Info: The Secretary of Maryland Department of Natural Resources, pursuant to COMAR 08.02.15.12H announces the opening of the 2019 commercial striped bass common pool gill net fishery on Tuesday, January 8, 2019 at 3:00 a.m., with a catch limit of 300 lbs/permit/week and 1200 lbs/vessel/day. The common pool fishery will close on Thursday, January 10, 2019 at 11:59 p.m.

Mark J. Belton

Secretary of Natural Resources

Contact: Tamara O'Connell (410) 507-0779

[19-01-18]

 

DEPARTMENT OF NATURAL RESOURCES/FISHING AND BOATING SERVICES

Subject: Public Notice — Changes to the Recreational and Commercial Tautog Fishery — Effective 1/1/19

Add'l. Info: The Secretary of the Maryland Department of Natural Resources, pursuant to the COMAR 08.02.05.20, announces changes to the recreational and commercial tautog season and catch limits from January 1 through December 31, 2019. This action is consistent with the Atlantic States Marine Fisheries Commission’s Amendment 1 to the Interstate Fishery Management Plan for Tautog. Effective 12:01 a.m. January 1, 2019 the season and catch limits are:

•January 1 — May 15 4 fish/person/day

•May 16 — June 30 Closed

•July 1 — October 31 2 fish/person/day

•November 1 — December 31 4 fish/person/day

All other rules remain the same.

Mark J. Belton

Secretary of Natural Resources

Contact: Tamara O'Connell (410) 507-0779

[19-01-19]

 

DEPARTMENT OF NATURAL RESOURCES/FISHING AND BOATING SERVICES

Subject: Public Notice — 2019 Commercial Atlantic Menhaden Quota and Season — Effective 1/1/19

Add'l. Info: The Secretary of the Maryland Department of Natural Resources, pursuant to the COMAR 08.02.05.07A, B and F, announces the quota and season for the commercial Atlantic menhaden fishery. The annual total allowable landings of Atlantic menhaden for Maryland, as established by the Atlantic States Marine Fisheries Commission (ASMFC), are 8,967,312 pounds. The season is January 1, 2019 through December 31, 2019.

The 2019 quota may be adjusted pending final 2018 landings and application of the 1% set aside for the 2019 fisheries.  If the quota is adjusted a new notice will be issued.

Mark J. Belton

Secretary of Natural Resources

Contact: Tamara O'Connell (410) 507-0779

[19-01-20]

 

DEPARTMENT OF NATURAL RESOURCES/FISHING AND BOATING SERVICES

Subject: Public Notice — 2019 Recreational Cobia Fishery — Effective 1/1/19

Add'l. Info: The Secretary of the Maryland Department of Natural Resources, pursuant to the COMAR 08.02.05.17A and C, announces that the recreational cobia fishery will be closed from 12:01 a.m. January 1, 2019 through 11:59 p.m. April 30, 2019. In order to implement the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for Cobia, the Department will establish the season, catch limit, and minimum size for the recreational cobia fishery for the remainder of 2019 in a later notice.

Mark J. Belton

Secretary of Natural Resources

Contact: Tamara O'Connell (410) 507-0779

[19-01-21]

 

DEPARTMENT OF NATURAL RESOURCES/FISHING AND BOATING SERVICES

Subject: Public Notice — 2019 Commercial Shark Catch Limits — Effective 1/1/19

Add'l. Info: The Secretary of the Department of Natural Resources, pursuant to the COMAR 08.02.22.04B, in order to comply with species management through the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Coastal Sharks, announces a new catch limit for large coastal sharks. Effective 12:01 a.m. January 1, 2019, the catch limit is 25 large coastal sharks per vessel per trip. Large coastal sharks includes all of the sharks in the aggregated large coastal and hammerhead management groups defined in COMAR 08.02.22.03A(6) and (7).  The species in the two management groups include: Silky; Tiger; Blacktip; Spinner; Bull; Lemon; Nurse; Scalloped hammerhead; Great hammerhead; and Smooth hammerhead.

The National Marine Fisheries Service anticipates in-season trip limit modifications based on harvest. If modifications are made, the Atlantic States Marine Fisheries Commission will follow with modifications for state waters. A new public notice will be issued if modifications are made.

Mark J. Belton

Secretary of Natural Resources

Contact: Tamara O'Connell (410) 507-0779

[19-01-22]

 

DEPARTMENT OF NATURAL RESOURCES/FISHING AND BOATING SERVICES

Subject: Public Notice — 2019 Recreational Black Sea Bass Fishery — Effective 1/1/19

Add'l. Info: The Secretary of the Maryland Department of Natural Resources, pursuant to the COMAR 08.02.05.21A and F, announces the season, catch limit, and minimum size for the recreational black sea bass fishery for 2019.  Effective 12:01 a.m. January 1, 2019:

•The season is open May 15, 2019 through December 31, 2019.

•Anglers may keep up to 15 black sea bass per person per day.

•The minimum size is 12.5 inches.

Mark J. Belton

Secretary of Natural Resources

Contact: Tamara O'Connell (410) 507-0779

[19-01-29]

 

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Subject: Public Meeting

Date and Time: January 18, 2019, 9 a.m. — 12 p.m.

Place: Via Teleconference, MD

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

Contact: Lauren Murray (410) 402-8556

[19-01-24]

 

MARYLAND DEPARTMENT OF TRANSPORTATION

Subject: Public Hearing

Date and Time: January 22, 2019, 10 a.m.

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

Add'l. Info: The Maryland Board of Airport Zoning Appeals (BAZA) will hold a hearing on Tuesday, January 22, 2019. The hearing will begin at 10:00 a.m.in the Board Room of the Maryland Department of Transportation located at 7201 Corporate Center Drive, Hanover, Maryland 21076. The Board will hear the following case(s):

Docket Number 413

Pyramid Network Services, LLC is proposing to locate new communication antennas atop the existing water tank located at 7551 Teague Road, Hanover, Maryland 21076.  This location is approximately 9,400 feet southwest of proposed Runway 10 at Baltimore Washington Thurgood Marshall International Airport (BWI Marshall). The proposed height of the new antennas is 131 feet above ground level (AGL)/329 feet mean sea level (MSL). The new antennas height will exceed the Code of Federal Regulations (FAR) Part 77, Objects Affecting Navigable Airspace by 36 feet. The Appellant has received a “Determination of No Hazard to Air Navigation” (ASN# 2018-AEA-13595-OE) from the Federal Aviation Administration. 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 requests to present BAZA Case 413 to the Board of Airport Zoning Appeals will present BAZA Case 413 to the Board of Airport Zoning Appeals Tuesday, January 22, 2019 at 10:00 a.m.

For additional information, please contact: Deborah Mahoney-Fowler

410-865-1233

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

[19-01-33]

 

MARYLAND DEPARTMENT OF TRANSPORTATION/OFFICE OF MINORITY BUSINESS ENTERPRISE

Subject: Public Meeting

Dates and Times: January 9, 2019, 8:30 a.m. — 5 p.m.

January 23, 2019, 8:30 a.m. — 5 p.m.

Place: Maryland Department of Transportation, 7201 Corporate Center Dr., Hanover, MD

Contact: Sabrina Bass (410) 865-1240

[19-01-07]

 

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND VETERANS COMMISSION

Subject: Public Meeting

Date and Time: January 15, 2019, 10:30 a.m. — 1 p.m.

Place: 100 Compromise St., Annapolis, MD

Contact: Denise Nooe (410) 260-3840

[19-01-03]

 

BOARD OF WELL DRILLERS

Subject: Public Meeting

Date and Time: January 23, 2019, 9 a.m. — 12 p.m.

Place: MDE, 1800 Washington Blvd., Baltimore, MD

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

Contact: Elaine Nolen (410) 537-4466

[19-01-02]

 

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

Subject: Public Notice

Add'l. Info: Effective December 13, 2018 the Maryland Apprenticeship and Training Council cancelled and deregistered the defunct apprenticeship programs Gary L. Kaufman Funeral Home, Harford County Broadcasting Company, Inc. and Old Line Plastics, Inc.

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

[19-01-14]