Capitol Building Maryland Register

Issue Date:  January 3, 2022

Volume 49 •  Issue 1  • Pages 1—66

IN THIS ISSUE

General Assembly

Judiciary

Division of State Documents

Regulations

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before Decemmber 13, 2021 5 p.m.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 13, 2021.
 
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

03        Comptroller of the Treasury ................................................  28

08        Department of Natural Resources .................................  13, 31

09        Maryland Department of Labor ...........................................  13

10        Maryland Department of Health ..........................................  13

12        Department of Public Safety and Correctional Services .......  35

13A     State Board of Education .....................................................  39

13B     Maryland Higher Education Commission ...........................  50

14        Independent Agencies .........................................................  13

20        Public Service Commission .................................................  51

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

30        Maryland Institute for Emergency Medical Services
Systems (MIEMSS) .........................................................  16

33        State Board of Elections ......................................................  16

36        Maryland State Lottery and Gaming Control
               Agency ..............................................................................  16

 

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

 

General Assembly

SYNOPSIS NO. 1 .................................................................. 10

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ..................................  13

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

BOATING

Certificate of Boat Number  13

09  DEPARTMENT OF LABOR

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

Work Experience Requirements .  13

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Home Visiting Services .  13

14  INDEPENDENT AGENCIES

COMMISSION ON CRIMINAL SENTENCING POLICY

Criminal Offenses and Seriousness Categories .  13

26  DEPARTMENT OF THE ENVIRONMENT

DISPOSAL OF CONTROLLED HAZARDOUS
   SUBSTANCES

Hazardous Waste Management System: General .................  14

Identification and Listing of Hazardous Waste .  14

Standards Applicable to Generators of Hazardous Waste .........  14

Standards Applicable to Transporters of Hazardous
   Waste .  14

Standards for Owners and Operators of Hazardous Waste
   Treatment, Storage, and Disposal Facilities .  14

Interim Status Standards for Owners and Operators of
   Hazardous Waste Treatment, Storage, and Disposal
   Facilities .  14

Permits for CHS Facilities .  14

Land Disposal Restrictions .  14

Standards for the Management of Specific Hazardous
   Wastes and Specific Types of Hazardous Waste
   Management Facilities .  14

30  MARYLAND INSTITUTE FOR EMERGENCY
   MEDICAL SERVICES SYSTEMS (MIEMSS)

COMMERCIAL AMBULANCE SERVICES

Eligibility, Application, and License Renewal  16

33  STATE BOARD OF ELECTIONS

DEFINITIONS; GENERAL PROVISIONS

Definitions .  16

VOTER REGISTRATION

Processing VRAs and Other Requests .  16

ABSENTEE BALLOTS

Applications .  16

Issuance and Return .  16

EARLY VOTING

Election Judges .  16

36  MARYLAND STATE LOTTERY AND GAMING
   CONTROL AGENCY

GENERAL PROVISIONS

General  16

Administrative Procedures .  16

SPORTS WAGERING PROVISIONS

General  16

All Applicants and Licensees—Applications and
   Investigations .  16

All Applicants and Licensees—Qualification
   Requirements .  16

Specific Requirements for Sports Wagering Facility
   Licensees .  16

Specific Requirements for Mobile Sports Wagering
   Licenses ..............................................................................  16

Specific Requirements for Other Licenses Required for
   Sports Wagering .................................................................  16

License Denial Procedures ....................................................  16

Enforcement  16

Unannounced Inspections .  16

Enforcement of Voluntary Exclusion Program ..  16

Mandatory Exclusion .  16

Collection of Taxes, Fees, and Penalties .  16

Sports Wagering Licensee Minimum Internal Control
   Standards .  16

Sports Wagering Requirements and Limitations .  16

Sports Wagering Licensee Facility Standards .......................  16

Wagering Using Online, Web-Based, or Mobile
   Applications .  16

Sports Wagering Equipment  16

Sports Wagering Technical Standards .  16

 

Proposed Action on Regulations

03  COMPTROLLER OF THE TREASURY

INCOME TAX

Individual  28

Corporations .  28

Individual  30

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Blue Crabs .  31

Fish .  32

Shellfish—General  33

12  DEPARTMENT OF PUBLIC SAFETY AND
   CORRECTIONAL SERVICES

POLICE TRAINING AND STANDARDS COMMISSION

Firearms Training .  35

13A STATE BOARD OF EDUCATION

PERSONNEL

Programs for Professionally Licensed Personnel  39

13B MARYLAND HIGHER EDUCATION COMMISSION

FINANCIAL AID

Workforce Development Sequence Scholarship .  50

20  PUBLIC SERVICE COMMISSION

COMMUNITY SOLAR ENERGY GENERATION
   SYSTEMS

General ..................................................................................  51

Pilot Program ..  52

Pilot Program Administration .  54

Consumer Protection .............................................................  55

 

Special Documents

THE DEPARTMENT OF THE ENVIRONMENT

WATER CERTIFICATION ADMINISTRATION

Water Quality Certification 21-WQC-0328 .....................  59

MARYLAND STATE INDEPENDENT LIVING COUNCIL

SCHEDULE OF MEETINGS FOR 2022 ........................  59

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Official Handgun Roster  63

Proposed Additions to Handgun Roster and Notice of
   Right to Object or Petition
.  63

MARYLAND DEPARTMENT OF TRANSPORTATION

OFFICE OF MINORITY BUSINESS ENTERPRISE

Announcement of Calendar Year 2022 ............................  64

 

General Notices

STATE COLLECTION AGENCY LICENSING BOARD

Public Meeting ......................................................................  65

BOARD OF DIETETIC PRACTICE

Public Meeting .  65

EMERGENCY MEDICAL SERVICES ADVISORY
   COUNCIL

Public Meeting ......................................................................  65

EMERGENCY MEDICAL SERVICES BOARD

Public Meeting ......................................................................  65

MARYLAND INSTITUTE FOR EMERGENCY MEDICAL
   SERVICES SYSTEMS

Requests for Reverification of Designation Status as Burn
   Center .................................................................................  65

STATE EMS BOARD AND SEMSAC ANNUAL JOINT
   MEETING

Public Meeting .  65

GOVERNOR'S GRANTS OFFICE/ MARYLAND
   EFFICIENT GRANTS APPLICATION COUNCIL

Public Meeting .  65

MARYLAND STATE LOTTERY AND GAMING
   CONTROL COMMISSION

Public Meeting ......................................................................  65

MARYLAND STATEWIDE INDEPENDENT LIVING
   COUNCIL

Schedule of Meetings for 2022 .  65

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Public Meeting .  66

MARYLAND DEPARTMENT OF TRANSPORTATION/
   OFFICE OF MINORITY BUSINESS ENTERPRISE

Public Meeting .  66

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND
   VETERANS COMMISSION

Public Meeting ......................................................................  66

MARYLAND COLLEGE COLLABORATION FOR
   STUDENT VETERANS COMMISSION

Public Meeting .  66

BOARD OF WATERWORKS AND WASTE SYSTEMS
   OPERATORS

Public Meeting ......................................................................  66

BOARD OF WELL DRILLERS

Public Meeting .  66

 

 

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 2022

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

January 14

December 27

January 3

January 5

January 28

January 10

January 14**

January 19

February 11

January 24

January 31

February 2

February 25

February 7

February 14

February 16

March 11

February 18**

February 28

March 2

March 25

March 7

March 14

March 16

April 8

March 21

March 28

March 30

April 22

April 4

April 11

April 13

May 6

April 18

April 25

April 27

May 20

May 2

May 9

May 11

June 3

May 16

May 23

May 25

June 17

May 27 **

June 6

June 8

July 1

June 13

June 17**

June 22

July 15

June 27

July 1**

July 6

July 29

July 11

July 18

July 20

 

*   Deadlines are for submissions to DSD for publication in the Maryland Register and do not take into account the 15-day AELR review period. Due date for documents containing 8 to 18 pages is 48 hours before the date listed; due date for documents exceeding 18 pages is 1 week before the date listed.

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

** Note closing date changes.

***    Note issue date changes.

The regular closing date for Proposals and Emergencies is Monday.

 

 


Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

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

Table of Pending Proposals

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

 

02 OFFICE OF THE ATTORNEY GENERAL

 

02.06.01.03,.06—.09,.11,.13—.17 • 48:21 Md. R. 893 (10-8-21)

02.06.02.02,.11 • 48:21 Md. R. 893 (10-8-21)

 

03 COMPTROLLER OF THE TREASURY

 

03.04.02.17 • 49:1 Md. R. 28 (1-3-22)

03.04.02.18 • 49:1 Md. R. 30 (1-3-22)

03.04.03.11 • 49:1 Md. R. 28 (1-3-22)

 

04 DEPARTMENT OF GENERAL SERVICES

 

04.01.06.01—.08 • 48:24 Md. R. 1026 (11-19-21)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.03.01,.09,.11 • 48:25 Md. R. 1083 (12-3-21)

08.02.03.07 • 49:1 Md. R. 31 (1-3-22)

08.02.05.02 • 49:1 Md. R. 32 (1-3-22)

08.02.08.08 • 49:1 Md. R. 33 (1-3-22)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.10.03.01-1 • 48:23 Md. R. 985 (11-5-21)

09.10.03.08 • 48:7 Md. R. 261 (3-26-21)

09.11.02.01 • 48:26 Md. R. 1114 (12-17-21)

09.21.05.01—.13 • 48:26 Md. R. 1115 (12-17-21)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitle 09 (2nd volume)

 

10.09.06.02,.03,.09 • 48:22 Md. R. 945 (10-22-21)

10.09.23.01-1,.05 • 48:19 Md. R. 804 (9-10-21) (ibr)

10.09.33.08,.09 • 48:26 Md. R. 1116 (12-17-21)

10.09.39.01—.11 • 48:24 Md. R. 1028 (11-19-21)

10.09.50.07 • 48:17 Md. R. 672 (8-13-21)

10.09.80.01,.03,.05,.06,.08 • 48:23 Md. R. 985 (11-5-21)

10.09.89.09—.12 • 48:26 Md. R. 1117 (12-17-21)

10.09.92.08 • 48:3 Md. R. 104 (1-29-21)

                      48:4 Md. R. 190 (2-12-21) (err)

 

     Subtitles 23—36 (4th volume)

 

10.27.27.01,.04 • 48:22 Md. R. 948 (10-22-21)

10.29.03.01—.08 • 48:24 Md. R. 1030 (11-19-21)

10.29.06.02,.03 • 48:23 Md. R. 987 (11-5-21)

10.29.09.11 • 48:23 Md. R. 987 (11-5-21)

10.29.12.03,.05 • 48:23 Md. R. 987 (11-5-21)

 

     Subtitles 37—52 (5th volume)

 

10.38.01.01,.02,.04 • 48:22 Md. R. 949 (10-22-21)

10.38.02.01 • 48:24 Md. R. 1034 (11-19-21)

10.38.03.02 • 48:22 Md. R. 949 (10-22-21)

10.38.06.03 • 48:22 Md. R. 949 (10-22-21)

10.43.07.01,.03,.08,.10,.11 • 48:23 Md. R. 988 (11-5-21)

10.43.16.03—.05 • 48:23 Md. R. 988 (11-5-21)

10.46.02.01 • 48:23 Md. R. 990 (11-5-21)

 

     Subtitles 53—68 (6th volume)

 

10.58.08.01—.10 • 48:24 Md. R. 1035 (11-19-21)

10.58.15.01—.08 • 48:24 Md. R. 1035 (11-19-21)

10.58.17.01—.10 • 48:24 Md. R. 1042 (11-19-21)

10.67.04.19 • 48:26 Md. R. 1118 (12-17-21)

10.67.06.21 • 48:24 Md. R. 1028 (11-19-21)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 11—23 (MVA)

 

11.13.12.01—.09 • 48:18 Md. R. 706 (8-27-21) (ibr)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.04.02.02—.04,.07—.10 • 49:1 Md. R. 35 (1-3-22)

 

 

13A STATE BOARD OF EDUCATION

 

13A.05.01.03,.08,.09 • 48:26 Md. R. 1124 (12-17-21)

13A.06.07.01,.03,.07,.08—.21 • 48:24 Md. R. 1049 (11-19-21)

13A.07.06.01—.15 • 49:1 Md. R. 39 (1-3-22) (ibr)

13A.07.11.02,.03 • 48:26 Md. R. 1126 (12-17-21)

13A.07.14.02,.03 • 48:22 Md. R. 952 (10-22-21)

13A.07.14.03 • 48:25 Md. R. 1091 (12-3-21) (err)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.01.01.19,.26 • 48:21 Md. R. 904 (10-8-21)

13B.08.23.01,.02,.05—.09,.11 • 49:1 Md. R. 50 (1-3-22)

 

14 INDEPENDENT AGENCIES

 

14.04.01.01 • 48:26 Md. R. 1127 (12-17-21)

14.04.02.05,.06,.09 • 48:26 Md. R. 1127 (12-17-21)

14.04.03.01—.06 • 48:26 Md. R. 1127 (12-17-21)

14.04.05.05 • 48:26 Md. R. 1127 (12-17-21)

14.04.06.05,.07 • 48:26 Md. R. 1127 (12-17-21)

14.04.07.04 • 48:26 Md. R. 1127 (12-17-21)

14.33.01.02 • 48:26 Md. R. 1130 (12-17-21)

14.33.02.01—.12 • 48:26 Md. R. 1130 (12-17-21)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.01.18.01—.11 • 48:26 Md. R. 1135 (12-17-21)

 

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

 

18.02.03.05 • 48:24 Md. R. 1052 (11-19-21)

18.02.05.06 • 48:24 Md. R. 1052 (11-19-21)

18.05.01.04 • 48:24 Md. R. 1052 (11-19-21)

18.15.01.02—.07 • 48:24 Md. R. 1053 (11-19-21)

 

19A STATE ETHICS COMMISSION

 

19A.01.01.02,.04 • 48:24 Md. R. 1054 (11-19-21)

19A.03.01.01,.04 • 48:24 Md. R. 1054 (11-19-21)

19A.03.03.01 • 48:24 Md. R. 1054 (11-19-21)

19A.04.01.02 • 48:24 Md. R. 1054 (11-19-21)

19A.04.02.04 • 48:24 Md. R. 1054 (11-19-21)

19A.04.Appendix A • 48:24 Md. R. 1054 (11-19-21)

19A.04.Appendix B • 48:24 Md. R. 1054 (11-19-21)

19A.05.01.02 • 48:24 Md. R. 1054 (11-19-21)

19A.05.02.04 • 48:24 Md. R. 1054 (11-19-21)

19A.05.Appendix A • 48:24 Md. R. 1054 (11-19-21)

19A.05.Appendix B • 48:24 Md. R. 1054 (11-19-21)

 

20 PUBLIC SERVICE COMMISSION

 

20.51.01.02 • 48:25 Md. R. 1084 (12-3-21)

20.51.02.01,.02,.07,.08 • 48:25 Md. R. 1084 (12-3-21)

20.51.03.01,.03,.05 • 48:25 Md. R. 1084 (12-3-21)

20.53.01.02 • 48:26 Md. R. 1135 (12-17-21)

20.53.03.02 • 48:26 Md. R. 1135 (12-17-21)

 

 

20.53.04.02 • 48:26 Md. R. 1135 (12-17-21)

20.53.05.05,.07—.13 • 48:26 Md. R. 1135 (12-17-21)

20.53.06.03,.05,.06 • 48:26 Md. R. 1135 (12-17-21)

20.53.07.05—.10,.12 • 48:26 Md. R. 1135 (12-17-21)

20.53.08.01—.09 • 48:26 Md. R. 1135 (12-17-21)

20.53.09.01,.02 • 48:26 Md. R. 1135 (12-17-21)

20.53.10.01—.07 • 48:26 Md. R. 1135 (12-17-21)

20.54.01.02 • 48:25 Md. R. 1087 (12-3-21)

20.54.02.01,.02,.07,.08 • 48:25 Md. R. 1087 (12-3-21)

20.54.03.01,.03,.05 • 48:25 Md. R. 1087 (12-3-21)

20.59.01.02 • 48:26 Md. R. 1145 (12-17-21)

20.59.03.02 • 48:26 Md. R. 1145 (12-17-21)

20.59.04.02 • 48:26 Md. R. 1145 (12-17-21)

20.59.05.02,.05—.11 • 48:26 Md. R. 1145 (12-17-21)

20.59.06.03,.05,.06 • 48:26 Md. R. 1145 (12-17-21)

20.59.07.05—.10,.12 • 48:26 Md. R. 1145 (12-17-21)

20.59.08.01—.09 • 48:26 Md. R. 1145 (12-17-21)

20.59.09.01,.02 • 48:26 Md. R. 1145 (12-17-21)

20.59.10.01—.07 • 48:26 Md. R. 1145 (12-17-21)

20.62.01.02 • 49:1 Md. R. 51 (1-3-22)

20.62.02.01,.02,.04 • 49:1 Md. R. 52 (1-3-22)

20.62.03.02—.05,.08,.09 • 49:1 Md. R. 54 (1-3-22)

20.62.05.01,.03—.08,.15—.20 • 49:1 Md. R. 55 (1-3-22)

20.90.02.16 • 48:24 Md. R. 1060 (11-19-21)

20.95.01.11 • 48:24 Md. R. 1061 (11-19-21)

 

21 STATE PROCUREMENT REGULATIONS

 

21.10.05.01,.02,.04—.15 • 48:26 Md. R. 1155 (12-17-21)

21.10.06.01,.03,.04,.06,.08—.15,.17—.25,
     .31
• 48:26 Md. R. 1155 (12-17-21)

21.10.07.01—.06 • 48:26 Md. R. 1155 (12-17-21)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.01.11.01—.07 • 48:23 Md. R. 992 (11-5-21)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.11.20.02 • 48:20 Md. R. 865 (9-24-21)

 

27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

 

27.01.01.01 • 48:22 Md. R. 954 (10-22-21)

27.01.03.01,.01-1,.02—.10 • 48:22 Md. R. 954 (10-22-21)

27.01.09.01,.01-2 • 48:22 Md. R. 954 (10-22-21)

27.01.11.04 • 48:22 Md. R. 954 (10-22-21)

27.01.13.01 • 48:22 Md. R. 954 (10-22-21)

27.02.01.01 • 48:22 Md. R. 954 (10-22-21)

27.02.05.04—.04-3,.09,.12 • 48:22 Md. R. 954 (10-22-21)

27.03.01.01 • 48:22 Md. R. 954 (10-22-21)

 

28 OFFICE OF ADMINISTRATIVE HEARINGS

 

28.02.01.16 • 48:24 Md. R. 1061 (11-19-21)

 

29 DEPARTMENT OF STATE POLICE

 

29.01.02.02 • 48:19 Md. R. 828 (9-10-21)

 

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.08.09.01—.05,.07,.08 • 48:23 Md. R. 995 (11-5-21)

30.08.10.01—.11,.13 • 48:23 Md. R. 997 (11-5-21)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.13.02,.04 • 48:11 Md. R. 432 (5-21-21)

                             48:25 Md. R. 1089 (12-3-21)

31.05.08.24,.28 • 48:8 Md. R. 322 (4-9-21)

31.10.46.02,.03 • 48:24 Md. R. 1062 (11-19-21)

31.10.47.02,.03 • 48:24 Md. R. 1062 (11-19-21)

31.10.48.02—.05 • 48:24 Md. R. 1062 (11-19-21)

31.10.49.01 • 48:26 Md. R. 1156 (12-17-21)

31.10.50.01—.05 • 48:26 Md. R. 1156 (12-17-21)

 

33 STATE BOARD OF ELECTIONS

 

33.05.04.04 • 48:23 Md. R. 1000 (11-5-21)

 

35 DEPARTMENT OF VETERANS AFFAIRS

 

35.06.01.02,.07 • 48:23 Md. R. 1000 (11-5-21)

 

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

410-946-5430, 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: Deborah Judy

410-260-1430, 888-216-8156

FAX 410-974-2063

 

Baltimore

State Library Resource Center

Enoch Pratt Free Library

400 Cathedral St. (21201)

Contact: Lucy Jones

443-984-2448

FAX 410-396-4570

 

Law Library

University of Baltimore

1401 North Charles St.

(21201)

Contact: Patricia Behles

410-837-4583

FAX 410-837-4656

 

Thurgood Marshall Law Library

University of Md. Francis King     Carey School of Law

501 W. Fayette Street (21201)

Contact: Stephanie Bowe

410-706-0783

FAX 410-706-8354

 

Charlotte Hall

Southern MD Regional Library

37600 New Market Rd.

P.O. Box 459 (20622)

Contact: Susan Grant

301-934-9442

FAX 301-884-0438

 

College Park

Hornbake Library

University of MD

Marylandia Room (20742)

Contact: Liz Novara

301-314-2712

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 310

FAX 301-739-7603

 

Princess Anne

Frederick Douglass Library

University of MD Eastern Shore

(21853)

Contact: Marvella Rounds

410-651-7697

FAX 410-651-6269

 

Rockville

Montgomery County Public Library

Rockville Branch

21 Maryland Avenue (20850)

Contact: Ann Cohn

240-777-0140

FAX 240-777-0155

 

Salisbury

Salisbury University

Guerrieri Academic Commons

Room AC 180A

1134 S Salisbury Blvd. (21801)

Contact: Martha Zimmerman

410-677-0110

FAX 410-543-6203

 

Towson

Albert S. Cook Library

Towson University

8000 York Road (21252)

Contact: Carl Olson

410-704-3267

FAX 410-704-4755

Washington, D.C.

Library of Congress

Anglo-American Acquisitions Division

Government Documents Section

101 Independence Ave., S.E. (20540)

Contact: Richard Yarnall

202-707-9470

FAX 202-707-0380

 

 

 

The General Assembly

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

 

SYNOPSIS NO. 1

House Bills

HB0001  The Spkr (Leg Redist Advis Comm).  Congressional Districting Plan.

HB0002  The Spkr (Admin).  Congressional Districting Plan.

HB0003  Montgomery County Delegation.  Montgomery County - Board of Education Residence Districts - Redistricting Plan MC 01-21SS.

HB0004  Carroll County Delegation.  Carroll County - County Commissioner Districts - Redistricting Plan.

HB0005  The Spkr (Admin).  State Commission on Criminal Sentencing Policy - Plea Agreements and Annual Report (The Judicial Transparency Act of 2021).

HB0006  The Spkr (Admin).  Crimes - Firearms - Penalties and Procedures (Violent Firearms Offender Act of 2021).

[22-01-13]

 

Senate Bills

SB0001  The Pres (Leg Redist Advis Comm).  Congressional Districting Plan.

SB0002  The Pres (Admin).  Congressional Districting Plan.

SB0003  Montgomery County Senators.  Montgomery County - Board of Education Residence Districts - Redistricting Plan MC 01-21SS.

SB0004  Carroll County Senators.  Carroll County – County Commissioner Districts – Redistricting Plan.

SB0005  The Pres (Admin).  State Commission on Criminal Sentencing Policy – Plea Agreements and Annual Report (The Judicial Transparency Act of 2021).

SB0006  The Pres (Admin).  Crimes - Firearms - Penalties and Procedures (Violent Firearms Offender Act of 2021).

SB0007  Sen Hough.  Motor Fuel Tax Rates – Consumer Price Index Adjustment – Repeal.

[22-01-14]

 

Chapters

CH0001  SB0009 of the 2021 Regular Session (Enrolled)  Sen Kramer.  State Employees Collective Bargaining Applicability, Bargaining Processes, and Memorandums of Understanding.

CH0002  SB0030 of the 2021 Regular Session (Amended)  Sens Elfreth and Guzzone.  State Finance and Procurement Appropriation Reductions (Board of Public Works Budget Reduction Clarification Act).

CH0003  SB0780 of the 2021 Regular Session (Enrolled)  Sen Pinsky.  States of Emergency Emergency Procurement and Budget Amendments Notice and Authorization.

CH0004  SB0829 of the 2021 Regular Session (Amended)  Sen Lam.  State Procurement Emergency and Expedited Procurements Revisions and Reporting.

CH0005  HB0133 of the 2021 Regular Session (Enrolled)  Del. Korman State Finance and Procurement Appropriation Reductions (Board of Public Works Budget Reduction Clarification Act).

CH0006  HB0464 of the 2021 Regular Session  Montgomery County Delegation and Prince George’s County Delegation.  MarylandNational Capital Park and Planning Commission Mandatory Referral Review MC/PG 10121.

CH0007  HB1003 of the 2021 Regular Session (Amended)  Del Lierman.  States of Emergency Emergency Procurement and Budget Amendments Notice and Authorization.

CH0008  HB1091 of the 2021 Regular Session (Enrolled)  Del Reznik.  State Procurement Emergency and Expedited Procurements Revisions and Reporting.

CH0009  HB1209 of the 2021 Regular Session (Amended)  Del Luedtke.  Sales and Use Tax PeertoPeer Car Sharing Alterations.

CH0010  HB0933 of the 2021 Regular Session (Amended)   Del Bartlett.  Anne Arundel County Transfer Tax Housing Trust Special Revenue Fund.

CH0011  SB0199 of the 2021 Regular Session (Amended)  Sens McCray and Zucker.  Transportation Maryland Transit Administration Funding and MARC Rail Extension Study (Transit Safety and Investment Act).

CH0012  SB0095 of the 2021 Regular Session  Sen Kramer.  Public Utilities InvestorOwned Utilities Prevailing Wage.

CH0013  SB0460 of the 2021 Regular Session (Amended)  Sen Feldman.  Economic Development Advanced Clean Energy and Clean Energy Innovation Investments and Initiatives.

CH0014  SB0417 of the 2021 Regular Session (Amended)  Sen Pinsky.  Power Plant Research Program Review of Application for Certificate of Public Convenience and Necessity Alterations.

CH0015  SB0717 of the 2021 Regular Session (Amended)  Sen Zucker.  State Personnel Collective Bargaining Exclusive Representative Access to New Employees.

CH0016  SB0746 of the 2021 Regular Session (Amended)  Sen Guzzone, et al.  Education Community Colleges Collective Bargaining.

CH0017  SB0133 of the 2021 Regular Session (Amended)  Sen Rosapepe.  Local Tax Relief for Working Families Act of 2021.

CH0018  HB0023 of the 2021 Regular Session (Enrolled)  Del Stein.  Personal Information State and Local Agencies Restrictions on Access (Maryland Driver Privacy Act).

CH0019  HB0016 of the 2021 Regular Session (Enrolled)  Del Stewart.  Correctional Services Immigration Detention Prohibition (Dignity Not Detention Act).

CH0020  HB0114 of the 2021 Regular Session (Enrolled)  Del Lierman, et al.  Transportation Maryland Transit Administration Funding and MARC Rail Extension Study (Transit Safety and Investment Act).

CH0021  HB0174 of the 2021 Regular Session  Del Brooks.  Public Utilities InvestorOwned Utilities Prevailing Wage.

CH0022  HB0278 of the 2021 Regular Session (Amended)  Del Feldmark, et al.  Economic Development Job Creation Tax Credit Qualified Position and Revitalization Area.

CH0023  HB0319 of the 2021 Regular Session (Enrolled)  Del Palakovich Carr.  Local Tax Relief for Working Families Act of 2021.

CH0024  HB0419 of the 2021 Regular Session (Enrolled)  Del Qi.  Economic Development Advanced Clean Energy and Clean Energy Innovation Investments and Initiatives.

CH0025  HB0719 of the 2021 Regular Session (Enrolled)  Del Moon.  Commercial Tenants Personal Liability Clauses Enforceability.

CH0026  HB0777 of the 2021 Regular Session (Amended)  Del Brooks.  Power Plant Research Program Review of Application for Certificate of Public Convenience and Necessity Alterations.

CH0027  HB0894 of the 2021 Regular Session (Amended)  Del Haynes.  Education Community Colleges Collective Bargaining.

CH0028  HB0904 of the 2021 Regular Session (Enrolled)  Del Bridges.  State Personnel Collective Bargaining Exclusive Representative Access to New Employees.

CH0029  SB0741 of the 2021 Regular Session (Enrolled)  Sen Rosapepe, et al.  COVID19 Testing, Contact Tracing, and Vaccination Act of 2021.

CH0030  SB0202 of the 2021 Regular Session (Enrolled)  Sen Kelley, et al.  Correctional Services Parole Life Imprisonment.

CH0031  HB0836 of the 2021 Regular Session (Amended)  Del PenaMelnyk.  COVID19 Testing, Contact Tracing, and Vaccination Act of 2021.

CH0032  HB0001 of the 2021 Special Session  The Spkr (Leg Redist Advis Comm).  Congressional Districting Plan.

[22-01-18]

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of this Court dated December 8, 2021, MARGOT ELIZABETH ROBERTS (CPF# 1606210229), 2805 US Highway 17, Williamston, North Carolina 27892, has been placed on disability inactive status by consent, effective immediately, and her name as an attorney at law has been stricken from the register of attorneys in this Court Maryland Rule 19-761(b).

 

[22-01-24]

 

Final Action on Regulations

 

Symbol Key

   Roman type indicates text already existing at the time of the proposed action.

   Italic type indicates new text added at the time of proposed action.

   Single underline, italic indicates new text added at the time of final action.

   Single underline, roman indicates existing text added at the time of final action.

   [[Double brackets]] indicate text deleted at the time of final action.

 

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 04 BOATING

08.04.03 Certificate of Boat Number

Authority: Natural Resources Article, §§8-704(c), 8-710.2, 8-712, and
8-712.1,
Annotated

Notice of Final Action

[21-178-F]

On December 21, 2021, the Secretary of Natural Resources adopted amendments to Regulation .10 under COMAR 08.04.03 Certificate of Boat Number. This action, which was proposed for adoption in 48:23 Md. R. 984—985 (November 5, 2021), has been adopted as proposed.

Effective Date: January 13, 2022.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 09
DEPARTMENT OF LABOR

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

09.19.03 Work Experience Requirements

Authority: Business Occupations and Professions Article, §§16-220,
16-302(d)(1) and (2) and (g), and 16-503(b)(1)(iii) and (2), (e), and (f), Annotated Code of Maryland

Notice of Final Action

[21-141-F]

On December 14, 2021, the Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors adopted amendments to Regulation .01 under COMAR 09.19.03 Work Experience Requirements. This action, which was proposed for adoption in 48:21 Md. R. 897—898 (October 8, 2021), has been adopted as proposed.

Effective Date: January 13, 2022.

ANATOL POLILLO
Chair
Commission of Real Estate Appraisers, Appraisal
Management Companies, and Home Inspectors

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.78 Home Visiting Services

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

Notice of Final Action

[21-163-F]

On December 21, 2021, the Secretary of Health adopted new Regulations .01—.09 under a new chapter, COMAR 10.09.78 Home Visiting Services. This action, which was proposed for adoption in 48:22 Md. R. 946—948 (October 22, 2021), has been adopted as proposed.

Effective Date: January 13, 2022.

DENNIS R. SCHRADER
Secretary of Health

 

Title 14
INDEPENDENT AGENCIES

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

14.22.02 Criminal Offenses and Seriousness Categories

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

Notice of Final Action

[21-167-F]

On December 21, 2021, the Maryland State Commission on Criminal Sentencing Policy adopted amendments to Regulation .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories. This action, which was proposed for adoption in 48:23 Md. R. 991 (November 5, 2021), has been adopted as proposed.

Effective Date: February 1, 2022.

DAVID SOULE
Executive Director

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 13 DISPOSAL OF CONTROLLED HAZARDOUS SUBSTANCES

Notice of Final Action

[21-073-F]

On December 8, 2021, the Secretary of the Environment adopted:

(1) Amend Regulations .02, .03, .04, and .05 and adopt new Regulation .03-1 under COMAR 26.13.01 Hazardous Waste Management System: General;

(2) Amend Regulations .01, .02, .04, .04-3, .04-4, .05, .06, .10, .15, .17, .19-6, and .23, repeal existing Regulations .19-1—.19-5, .19-7, and .19-8 and adopt new .19-7 and .19-8 under COMAR 26.13.02 Identification and Listing of Hazardous Waste;

(3) Amend Regulations .01, .04, .06, and .07-4, repeal existing Regulations .07—.07-3 and .07-5, and adopt new Regulation .07 under COMAR 26.13.03 Standards Applicable to Generators of Hazardous Waste;

(4) Amend Regulations .01 and .02 under COMAR 26.13.04 Standards Applicable to Transporters of Hazardous Waste;

(5) Amend Regulations .01, .02, .05, and .11—.14, and adopt new Regulation .02-2 under COMAR 26.13.05 Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities;

(6) Amend Regulations .01, .02, .19 .22, and .25 under COMAR 26.13.06 Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities;

(7) Amend Regulations .02-4, .02-5, .02-8, and .13-2 under COMAR 26.13.07 Permits for CHS Facilities;

(8) Adopt new Regulations .01 — .03 under a new chapter, COMAR 26.13.09 Land Disposal Restrictions; and

(9) Amend Regulations .03, .04, .18, and .21—.24 under COMAR 26.13.10 Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities.

This action, which was proposed for adoption in 48:14 Md. R. 547 — 577 (July 2, 2021), has been adopted with the nonsubstantive changes shown below.

Effective Date: January 13, 2022.

Attorney General's Certification

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

COMAR 26.13.01.05B(1)(g): This change adds an entry to the list of federal regulations incorporated by reference into COMAR 26.13. The federal regulation in question was referenced in a regulation proposed to be modified as part of the Notice of Proposed Action, but was inadvertently not included in the list in COMAR 26.13.01.05B(1) at the time of proposal.

COMAR 26.13.02.17D: This change corrects a typographical error by changing “qualify as for” to “qualify for”.

COMAR 26.13.04.02A(6)(b)(i): This change corrects a grammatical error by adding the phrase “accompanies the hazardous waste at all times”, which was mistakenly omitted from revised text that was created by dividing a paragraph into two subparagraphs.

COMAR 26.13.05.05D(3) and (4): This change deletes text that was mistakenly repeated in the proposal. The provisions that are being removed were proposed elsewhere in the proposal, at COMAR 26.13.05.02D(3) and (4).

COMAR 26.13.05.11D-1(3): This change corrects a typographical error in a reference to a federal regulation, so that the regulation correctly refers to “40 CFR §264.221(c)(2)(i)-(v)” rather than “40 CFR §264.221(c)(2)(i)-(iv)”.

COMAR 26.13.05.12E(3): This change corrects a typographical error by changing “the active live” to “the active life”.

COMAR 26.13.05.14C(4)(a): This change corrects a typographical error by changing “the active live” to “the active life”, and adds a qualifier “of the landfill”.

COMAR 26.13.05.14F(2)(b): This change corrects a typographical error in a reference to a federal regulation so that the text refers to 40 CFR §264.304(c) rather than §264.303(c).

COMAR 26.13.06.01A(4)(g)(ii): This change corrects a typographical error in a reference to a regulation so that the text refers to “§A(4)(g)(iii) of this regulation” rather than “§A(3)(g)(iii) of this regulation”.

 

26.13.01 Hazardous Waste Management System: General

Authority: Environment Article, §6-905.3 and Title 7, Subtitle 2, Annotated Code of Maryland

.05 Incorporation by Reference.

A. (proposed text unchanged)

B. Incorporation of Federal Regulations by Reference.

(1) As qualified by §B(2) of this regulation, certain federal regulations are incorporated by reference as follows:

(a) — (f) (proposed text unchanged)

(g) When used in COMAR 26.13.02.17D, the federal regulations as of July 1, 2020 in 40 CFR §261.32(d) are incorporated by reference;

[[(g)]] (h)[[(r)]] (s) (proposed text unchanged)

(2) (proposed text unchanged)

C. (proposed text unchanged)

 

26.13.02 Identification and Listing of Hazardous Waste

Authority: Environment Article, §6-905.3 and Title 7, Subtitle 2, Annotated Code of Maryland

.17 Hazardous Waste from Specific Sources.

A. — C. (proposed text unchanged)

D. To demonstrate that a nonwastewater does not qualify [[as]] for the K181 listing in the organic chemicals industry category, a person shall follow the procedures in 40 CFR §261.32(d).

 

26.13.04 Standards Applicable to Transporters of Hazardous Waste

Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland

.02 Compliance with the Manifest System and Record Keeping.

A. The Manifest System.

(1) — (5) (proposed text unchanged)

(6) Rail Shipments. For shipments involving rail transportation, the requirements of §A(3)—(5) of this regulation do not apply, but the following requirements do apply:

(a) (proposed text unchanged)

(b) Rail transporters shall ensure that:

(i) A shipping paper containing all the information required on the manifest, excluding the EPA identification numbers, generator certification, and signatures, accompanies the hazardous waste at all times; and

(ii) (proposed text unchanged)

(c) — (f) (proposed text unchanged)

(7) (proposed text unchanged)

A-1. D. (proposed text unchanged)

 

26.13.05 Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland

.05 Manifest System, Record Keeping, and Reporting.

A. — C. (proposed text unchanged)

D. Operating Record.

(1) — (2) (proposed text unchanged)

[[(3) Special Requirements for Surface Impoundments. The owner or operator of a surface impoundment exempted from land disposal restrictions under 40 CFR §268.4(a) shall ensure that the waste analysis plan required by §D(2) of this regulation includes procedures and schedules for the:

(a) Sampling of impoundment contents;

(b) Analysis of test data; and

(c) Annual removal of residues specified in §D(4) of this regulation that have not been delisted under COMAR 26.13.01.04B-1 or that exhibit a characteristic of hazardous waste.

(4) The requirement of §D(3)(c) of this regulation applies to residues that:

(a) Do not meet applicable treatment standards of 40 CFR Part 268, Subpart D; or

(b) In the absence of any applicable treatment standards in 40 CFR Part 268, Subpart D, are prohibited from land disposal under:

(i) 40 CFR §268.32 or §3004(d) of RCRA; or

(ii) 40 CFR §268.33(f).]]

E. — H. (proposed text unchanged)

.11 Surface Impoundments.

A. — D. (proposed text unchanged)

D-1. Leachate Collection and Removal System.

(1) (2) (proposed text unchanged)

(3) Except as provided in §D-1(4) of this regulation, the facility owner or operator shall ensure that the leachate collection and removal system is designed, constructed, and operated in accordance with the provisions of 40 CFR §264.221(c)(2)(i)—[[(iv)]] (v), (3), and (4).

(4) (proposed text unchanged)

D-2. — K. (proposed text unchanged)

.12 Waste Piles.

A. — D-2 (proposed text unchanged)]

E. Inspections and Testing.

(1) — (2) (proposed text unchanged)

(3) For a waste pile required to have a leak detection system under §D(1) of this regulation, the owner or operator shall record the amount of liquid removed from each leak detection sump at least once each week during the active [[live]] life and closure period of the waste pile.

F. — J. (proposed text unchanged)

.14 Landfills.

A. — B. (proposed text unchanged)

C. Monitoring and Inspection. The owner or operator shall:

(1) — (3) (proposed text unchanged)

(4) For a landfill required to have a leak detection system under §B(3) or (4) of this regulation:

(a) During the active [[live]] life and closure period of the landfill, record the amount of liquids removed from each leak detection sump at least once each week; and

(b) (proposed text unchanged)

D. E. (proposed text unchanged)

F. Response Action Plan.

(1) (proposed text unchanged)

(2) The owner or operator shall ensure that the response action plan:

(a) (proposed text unchanged)

(b) Incorporates the procedures in 40 CFR [[§264.303(c)]] §264.304(c).

(3) (proposed text unchanged)

G. — P. (proposed text unchanged)

 

26.13.06 Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland

.01 General.

A. Purpose, Scope, and Applicability.

(1) — (3) (proposed text unchanged)

(4) The requirements of this chapter do not apply to:

(a) — (f) (proposed text unchanged)

(g) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in COMAR 26.13.01.03B, subject to the following:

(i) (proposed text unchanged)

(ii) The owner or operator shall comply with the requirements of COMAR 26.13.05.02H if the owner or operator is using the unit to treat a characteristic hazardous waste by dilution to remove the hazardous characteristic from the waste before land disposal, and the waste is either an ignitable hazardous waste described in [[§A(3)(g)(iii)]] §A(4)(g)(iii) of this regulation, or a reactive hazardous waste; and

(iii) (proposed text unchanged)

(h) — (k) (proposed text unchanged)

(5) — (7) (proposed text unchanged)

B. — C. (proposed text unchanged)

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Title 30
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

Subtitle 09 COMMERCIAL AMBULANCE SERVICES

30.09.04 Eligibility, Application, and License Renewal

Authority: Education Article, §§13-508 and 13-515, Annotated Code of Maryland

Notice of Final Action

[21-131-F]

On December 14, 2021, the Maryland Emergency Medical Services Board adopted amendments to Regulation .08 under COMAR 30.08.04 Eligibility, Application, and License Renewal. This action, which was proposed for adoption in 48:19 Md. R. 829—830 (September 10, 2021), has been adopted as proposed.

Effective Date: January 13, 2022.

THEODORE R. DELBRIDGE, M.D.
Executive Director

 

Title 33
STATE BOARD OF ELECTIONS

Notice of Final Action

[21-144-F]

     On December 16, 2021, the State Board of Elections adopted amendments to:

(1) Regulation .01 under COMAR 33.01.01 Definitions;

(2) Regulation .02 under COMAR 33.05.04 Processing VRAs and Other Requests;

(3) Regulation .01 under COMAR 33.11.02 Applications;

(4) Regulation .08 under COMAR 33.11.03 Issuance and Return; and

(5) Regulation .01 under COMAR 33.17.05 Election Judges.

     This action, which was proposed for adoption in 48:20 Md. R. 867—868 (September 24, 2021), has been adopted as proposed.

     Effective Date: January 13, 2022.

LINDA H. LAMONE
State Administrator of Elections

 

Title 36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

Notice of Final Action

[21-108-F]

     On December 2, 2021, the Maryland State Lottery and Gaming Control Agency adopted:

(1) Amend Regulations .01 and .05 under COMAR 36.01.01 General;

(2) Amend Regulations .04—.06 under COMAR 36.01.02 Administrative Procedures; and

(3) Adopt under a new subtitle, Subtitle 10 Sports Wagering Provisions:

              (a) New Regulations .01—.02 under a new chapter, COMAR 36.10.01 General;

              (b) New Regulations .01—.14 under a new chapter, COMAR 36.10.02 All Applicants and Licensees — Applications and Investigations;

              (c) New Regulations .01—.06 under a new chapter, COMAR 36.10.03 All Applicants and Licensees — Qualification Requirements;

              (d) New Regulations .01—.11 under a new chapter, COMAR 36.10.04 Specific Requirements for Sports Wagering Facility Licensees;

              (e) New Regulations .01—.05 under a new chapter, COMAR 36.10.05 Specific Requirements for Mobile Sports Wagering Licenses;

              (f) New Regulations .01—.11 under a new chapter, COMAR 36.10.06 Specific Requirements for Other Licenses Required for Sports Wagering;

              (g) New Regulations .01—.06 under a new chapter, COMAR 36.10.07 License Denial Procedures;

              (h) New Regulations .01—.11 under a new chapter, COMAR 36.10.08 Enforcement;

              (i) New Regulations .01—.03 under a new chapter, COMAR 36.10.09 Unannounced Inspections;

              (j) New Regulations .01—.03 under a new chapter, COMAR 36.10.10 Enforcement of Voluntary Exclusion Program;

              (k) New Regulations .01—.09 under a new chapter, COMAR 36.10.11 Mandatory Exclusion;

              (l) New Regulations .01—.04 under a new chapter, COMAR 36.10.12 Collection of Taxes, Fees, and Penalties;

              (m) New Regulations .01—.44 under a new chapter, COMAR 36.10.13 Sports Wagering Licensee Minimum Internal Control Standards;

              (n) New Regulations .01—.07 under a new chapter, COMAR 36.10.14 Sports Wagering Requirements and Limitations;

              (o) New Regulations .01—.04 under a new chapter, COMAR 36.10.15 Sports Wagering Licensee Facility Standards;

              (p) New Regulations .01—.06 under a new chapter, COMAR 36.10.16 Wagering Using Online, Web-Based, or Mobile Applications;

              (q) New Regulations .01—.03 under a new chapter, COMAR 36.10.17 Sports Wagering Equipment; and

              (r) New Regulations .01—.06 under a new chapter, COMAR 36.10.18 Sports Wagering Technical Standards.

     This action, which was proposed for adoption in 48:18 Md. R. 718—781 (August 27, 2021), has been adopted with the nonsubstantive changes shown below.

     Effective Date: January 13, 2022.

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 proposed regulations establish requirements for the State’s new sports wagering industry. The Maryland Lottery and Gaming Control Agency (“Agency”), which promulgated the regulations, received over 600 written public comments on the proposed regulations, and held a public meeting where the public provided the Agency with verbal comments. Public comment, and to a lesser degree, Agency Staff input, influenced the nonsubstantive changes at hand.

     36.10.01. General

          Regulation .02.B(15): For internal consistency, this revision deletes “online wagering system,” not a term defined in COMAR 36.10.01, and replaces it with the defined term “sports wagering platform” or “platform.” There are several instances of this replacement; for brevity, this explanation is not repeated.

          Regulation .02B(29): This revision replaces the reference to sports “book” with sports “wagering” to comport with references to “sports wagering” throughout State Government Article (“SG”), §9-1E-01, Annotated Code of Maryland, and the Commission’s regulations. There are several instances of this replacement; for brevity, this explanation is not repeated.

          Regulation .02B(29)(f): “Won” is replaced with the more accurate term “settled.”

          Regulation .02B(29)(g): “System” is replaced with “platform.”

          Regulation .02B(29)(h): “Book” is replaced with “wagering.”

          Regulation .02B(29)(j): This paragraph is deleted because it would unnecessarily require bettors who are not prohibited from wagering to register with the Commission; subsequent paragraphs are adjusted accordingly.

          Regulation .02B(44)(a) and (c): As written, Regulation .44 may be interpreted in a way that would require use of multiple factors to establish a better’s identity, or which the bettor’s phone may be one. In keeping with industry standard, the revision requires use of the phone “and” other factors to establish identity. Accordingly, “and” is added to paragraph (a), and paragraph (c) is deleted.

          Regulation .02B(46): “Online gaming system” is replaced with “sports wagering platform.”

          Regulation .02B(53) and (53)(a): These revisions clarify that an individual’s name may be used alone, or in combination with other specified items, to establish identity.

          Regulation .02B(55): The revision clarifies that a bettor’s winnings in a pool wager “may” depend on the number of other bettors’ wagers on the event.

          Regulation .02B(56)(b)(i): An individual younger than 21 years old may participate in a sporting event (e.g., Olympics). As written, subparagraph (i) defines “predatory marketing practice” to include an advertisement that “uses or depicts an individual who is, or appears to be, younger than 21 years old.” At the end of this subparagraph, the addition of “and is not a participant in the sporting event” acknowledges that athletes in a sporting event may be younger than 21 years old, so their depiction would not be a predatory marketing practice solely on the basis of age.

          Regulation .02B(61): Unchanged, the regulation would prevent a sports wagering licensee from tracking the activity of a sports bettor without the bettor affirmatively opting in to a sports bettor tracking system. This limitation would prohibit a sports wagering licensee from monitoring bettor wagering activity to identify and report suspicious and unusual wagering activity, as required by the internal control regulations at COMAR 36.10.13.03(B)(29). By changing the regulation to clarify the definition of “registered bettor” to mean a person who has registered with a licensee “to make wagers,” this limitation is removed.

          Regulation .02B(70): The change clarifies that “sports wagering account” may also be called “bettor account,” as the terms are used interchangeably in the regulations.

          Regulations .02B(73)(d): This revision replaces sports wagering “systems” with “platforms.”

          Regulation .02B(74)(b): This revision replaces sports wagering “systems” with “platforms.”

          Regulation .02B(75)(a): This revision replaces the “licensee” with the proper term “license”.

          Regulation .02B(76): For clarification and accuracy, this revision adds “software” to the definition of “sports wagering equipment.”

          Regulation .02B(80): “Sports wagering interactive website” and its definition are changed from “’Sports wagering interactive website’ means the interactive wagering application….” to “’Sports wagering website’ means the website or interactive wagering application….” The Agency agrees with public comment that the changes clarify that the website may be partnered with an accompanying mobile application.

          Regulation .02B(83): In paragraph (d), deleting “online,” and replacing “system” with “platform” correctly refers to the definition of “sports wagering platform.”

     36.10.03 All Applicants and Licensees—Qualification Requirements

          Regulation 04:

              §C(2): This revision changes the date from which a licensee must maintain sports wagering data from “license issuance or renewal” to the date of “the wager,” for clarification, and for consistency with other references to a licensee not being, for example, permitted to accept wagers until it has paid all fees (e.g., SG §9-1E-06(d)).

              §D(2): Section D provides that a licensee may not “[t]arget advertising” to individuals prohibited from sports wagering. The Agency agrees with public comment that should be modified “target” with “knowingly,” to avoid, for example, a licensee violating this requirement with its first instance of accidentally mailing wagering advertising to an excluded individual.

              §F(1): The revisions correct an incorrect reference to SG §9-1E-07(i), to reflect that the 3-year time limitation on the sale or transfer of a license applies only to Class B-1 and B-2 licenses.

     36.10.04 Specific Requirements for Sports Wagering Facility Licensees

          Regulation .01D: This revision replaces an incorrect statutory reference to §11-524 of the Business Regulation Article with the correct reference to the State Government Article, §9-1E-09(a)(1)(ii).

          Regulation .02D(8): Deletes the incorrect reference to “system.”

          Regulation .04B(2)(a): The revision replaces “or” with “and,” to correctly reflect that SG §9-1E-09(a)(1) allows a certain applicant that obtains a sports wagering facility license for Laurel Park to conduct sports wagering at both Laurel Park and Pimlico.

          Regulation .08C and C(1): The revision to §C clarifies the license type by modifying “license” with “facility.” The revision to §C(1) replaces “Conduct” with “Offer or conduct” for internal consistency.

     36.10.05 Specific Requirements for Mobile Sports Wagering Licenses

          Regulation .02G: Deletes the incorrect reference to “system.”

          Regulation .04A(1): As written, this paragraph may be construed to mean that a bettor cannot review his accounts from out of state, so the Agency agrees with public comment suggestion to delete “access to its.”

          Regulation .04A(1)(b): Delete “Maryland’s Mapping & GIS Data Portal;” this term modifies “MD iMAP,” to avoid confusion.

          Regulation .04A(6): Revision replaces “licensure or most recent renewal” with “the wager,” for internal consistency.

          Regulation .04B(2): Revisions correct the references to “sports wagering platform.”

     36.10.06 Specific Requirements for Other Licenses Required for Sports Wagering

          Regulations .02F(7) and .03F(7): Revisions correct the references to “sports wagering platform.”

          Regulation .10C(1): Addition clarifies that sports wagering employees must wear identification cards at all times while working at a sports wagering facility or a Maryland data center.

          Regulation .11M(1) and (2): Revisions reduce the frequency of reporting requirements from “monthly” to “quarterly.”

     36.10.08 Enforcement

          Regulation.02B(4)(c): Deletes the incorrect and redundant “interactive” from “sports wagering website.”

     36.10.10 Enforcement of Voluntary Exclusion Program

          Regulation .02A(14)(b): The Agency agrees with public comment to increase from 5 to 7 days the amount of time after a bettor’s placement on the Voluntary Exclusion List that a licensee must return the bettor’s funds.

          Regulation .03B(2): Deletes the incorrect and redundant “interactive” from “sports wagering websites.”

          Regulation .03B(4), (5), and (6): Revisions to all 3 paragraphs correct the COMAR reference from “36.06” to “36.10.13.43.”

          Regulation .03B(9): Corrects the COMAR reference from “36.12.02” to “36.10.10.02.”

     36.10.11 Mandatory Exclusion

          Regulation .04E(1)(g), (h), and (i): The Agency agrees with public comment to, in new subparagraph (i), add “Social security number or other government issued identification number” to the list of required information that may be used to identify an excluded individual in a new subparagraph; subparagraphs (h) and (i) are changed to delete and add “and,” respectively.

          Regulation .09A(1): As written, this subsection could be construed to require a sports wagering licensee to develop a plan for excluding “individuals who may be eligible for placement on the mandatory exclusion list,” potentially in the future, or for some unknowable reason. This was not the Agency’s intention, and it agrees with public comment to delete “may” from (1)(b), and move (1)(a)’s “excluded individuals to (1).

     36.10.12 Collection of Taxes, Fees, and Penalties

          Regulation .01: This revision replaces “gross gaming receipts” with “proceeds,” which is defined in SG§ 9-1E-01 and used in the Sports Wagering Law.

     36.10.13 Sports Wagering License Minimum Internal Control Standards

          Regulation .03B:

              Delete unnecessary language from paragraph (14), leaving the defined term “dormant account;”

              Delete from paragraph (27) the reference to verification of a bettor’s location, as geolocation requirements are set forth in 36.10.18.04;

              Move from paragraph (28) to (27) the requirement to implement measures to “deter, detect, and prevent cheating;” and

              Move the contents of paragraph (29) into (28), and renumber subsequent paragraphs accordingly.

          Regulation .04G: As written, paragraph (5) requires a licensee to maintain a “log of all changes or amendments in approved internal controls which includes the initial approval date and the effective date of any change or amendment approved by the Commission.” The revision deletes paragraph (5) as unnecessary, because a licensee must submit all changes to internal controls to the Commission for approval. Paragraph (6) is renumbered accordingly.

          Regulation .06N: As written, this section requires providing the Commission with a “copy” of each Suspicious Activity Report filed with FINCEN. However, industry standard is that a licensee provides the regulator with only “access” to SARS reports; the revision comports with industry standard.

          Regulation .07E: Revisions to paragraph (3)(c) add to “vouchers” to the requirement that all sports wagering tickets redeemed at a sports wagering facility be retained for a minimum of 30 days, except for tickets redeemed through a ticket redemption unit (TRDU) or kiosk. Paragraph (4) is deleted, which means that ticket redemption units and kiosks and are not subject to a retention requirement. TRDUs and kiosks typically scan – and do not accept – tickets, so it would be impossible for a facility to comply with a retention requirement for tickets redeemed using TRDUs or kiosks. It is noted that this exception is limited specifically to TRDUs and kiosks, and does not apply broadly to sports wagering facilities.

          Regulation .20F: This revision adds as new paragraph (10) “sports wagering platform,” to the departments that shall be subjected to at least annual audits. This revision is entirely consistent with requirements pertaining to sports wagering platforms throughout these regulations.

          Regulation .21: The title of this regulation replaces sports wagering “system” with “platform. As written, §A(8) prohibits access to the platform and associated equipment from the internet; however, the Commission needs to retain authority to approve a third party’s access to a platform for a legitimate business purpose, on a case-by-case basis. To clarify that the Agency retains this authority, the Agency adds to the general prohibition in paragraph (8) the qualifier “unless the Commission exercises its discretion to approve the third-party access as sufficiently secured and monitored by the sports wagering licensee.”

          Regulation .30: The title of this regulation is “Sports Wagering Ticket,” after which the Agency adds “or Voucher,” consistent with similar references in Subtitle 10. Term “or voucher” or “or vouchers” is added after “sports wagering ticket” in§§ A; B (“voucher issuance”); C(1), (2), and (3); D; E; F(1); and F(2)(a), (b) (c), and (d).

          Regulation .30F is changed:

              In §F(1), to delete paragraph (g) in its entirety. Paragraph (g) contained a requirement that a ticket contain at least one anti-counterfeiting requirement on at least one side of a sports wagering ticket. On consideration of public comment and in line with industry standards, the Agency deletes (g); At least one anticounterfeiting measure, which appears on one or both sides of the sports wagering ticket .

              In §F(1)[new (g)], to change “sports wagering facility” to “sports wagering facilities;” and

              In §F(2)(b)(ii), to clarify that a licensee is required to retain unredeemed sports wagering tickets or vouchers from the date of “the sporting event or” issuance of a ticket or voucher, to allow research into or confirmation that a voucher was not redeemed.

          Regulations .31 and .32, after “ticket redemption unit” “or kiosk.” “Kiosk” is defined in 36.10.01.02. Public comments correctly noted the similar functionality of TRDUs and kiosks in issuing and redeeming sports wagering tickets and vouchers, so there are several additions of “kiosk” to these regulations. Consistent with the addition to Regulation .30 adding “voucher,” this term is also added. In the interest of brevity, these changes are set forth without repeating the explanation.

          Regulation .31: Change the title to “Ticket Redemption Unit” “or Kiosk.”

              In §§A, B, C, and D, after “ticket redemption unit, add “kiosk,” or “or kiosk.

              In §C(1)(a) and (b): “Voucher” is added after “sports wagering ticket.”

              In §E(4)(a), “or vouchers” is added to subparagraph (i), and “or voucher identification number” is added to subparagraph (ii).

              In §E(4)(b), “Total amount of sports wagering vouchers accepted” is added as new subparagraph (vi).

              In §E(4)(c), “Total amount of sports wagering vouchers accepted” is added as new subparagraph (vii), and “Total count of sports wagering vouchers accepted” is added as new subparagraph (viii).

          Regulation .32B(2): “or voucher” is added after “sports wagering ticket.”

          Regulations .34I and .35D: erroneous references to “table games” are deleted.

          Regulation .36: These revisions are made to §F(3), F(3)(c), G, and I: As Regulation .36 sets forth requirements for count room equipment processing winning sports wagers, “sports wagering tickets” is modified and clarified with “winning,” and “sports wagering vouchers” is added to the list of items to be processed in the count room.

              In §F(3)(c), the addition of sports wagering “platform and point of sale” system clarifies the count systems on which integrity checks must be performed.

              In §I(1)(b), the same additions are made as in §F(3)(c).

          Regulation .40: As originally proposed, §D set forth specific requirements for the security of funds and data, and specific restrictions on corporate entities’ segregated accounts. The Agency agrees with public comment that this section is unnecessarily restrictive, incompatible with sports wagering, and inconsistent with industry standards. Section D is entirely stricken, and replaced with a single sentence that is far less restrictive, and that is nearly identical to §E (which is stricken as duplicative).

              New §E retains all of former §F, except paragraph (6), which a public comment noted would allow a bettor to close an account by “any means,” which may allow a better too much latitude in choosing how to close an account, including means that are unworkable and impractical. The Agency changed the sentence to “any reasonable means.”

              New §H required a licensee to report a bettor’s account that remained unclaimed for 3 years, thus presumed abandoned, to the State. The Agency agrees with public comment that 3 years should be 5 years, as it is less disadvantageous to a bettor.

          Regulation .41:

              In §A(1) sets withdrawal limits from “an account.” The Agency agrees with public comment to change this to “a bank account,” to clarify that the withdrawal limit does not refer to sports wagering account.

              In §A(2), the incorrect reference to “Sports Wagering Platform System” is replaced with “sports wagering platform.”

              In §B, the Agency agrees with public comment requesting the time for a licensee to submit a promotion to the Commission before implementation be less than the proposed 7 days; it is changed to 2 days.

              In §D, the Agency changed to clarify that terms and conditions of promotions may be communicated to bettors by providing “a link” to the terms and conditions.

          Regulation .42A is changed to replace sports “book” with sports “wagering.”

     36.10.14 Sports Wagering Requirements and Limitations

          Regulation .01: The change corrects the duplicate of “C” to “D,” before “Wagers.”

          Regulation .02: “on behalf of a sports wagering licensee” is deleted because it is repeated, and the typographical error of including “the” before “any of the following types” is corrected.

          Regulation .02C: “pool” is added as (6) in the list of bet types because it is specifically enumerated in the statutory definition of “sports wagering” in SG §9-1E-01(j), and successive numbering is adjusted accordingly.

          Regulation .03:

              In §B, the phrase “that the licensee knew or should have known” is added to modify the types of wagers that a licensee may not accept. As pointed out in public comment, this modification is consistent with industry standard, and allows for the reality that a licensee may inadvertently accept a prohibited wager, despite the licensee’s best efforts to avoid this. The changes to §B(1) through (5) are grammatical adjustments necessitated by adding the new clause to §B.

              As suggested by public comment, the Agency moved: 36.10.14.05F into Regulation .03 as new §D, as it is topically a better fit in Regulation .03 than it was in Regulation .05, Funding Wagers; and 36.10.14.05G into Regulation .03 as new §E, as it is topically a better fit in Regulation .03, and corrected the cross-reference from “§F(4)” to “§D(4).”

          Regulation .04:

              §A(2), the Agency removed the requirement for a licensee to establish the responsible wagering limit on “amount of money lost,” and replaced it with “amount wagered.” The Agency agrees with public comment that requiring a limit on “money lost” is excessively onerous and not in keeping with industry standard, which is more in line with §A(1) as proposed, and §A(2) as changed.

              §C is changed to clarify that a limit established in §A of this regulation “may not become effective until after the time period of the previous limit has expired.”

              §D is similarly changed to clarify that “a limit established in §A of this regulation may become effective only after the time period of the previous limit has expired.”

              New §E states that which is perhaps obvious, but is helpful to clarify: “A self-imposed limitation established by a bettor may not replace or override a more restrictive limitation imposed by a licensee or these regulations.”

          Regulation .05: As described above, §§F and G were moved to Regulation .03, so the remaining sections of .03 are renumbered accordingly.

          Regulation .06: The Agency deleted subparagraph (1), which included “Funds held by the sports wagering licensee in bettor accounts” from the formula for establishing the $500,000 amount required to be in the licensee’s cash reserve. The Agency is required under SG §9-1E-04(b)(6)(iv) to establish by regulation the amount of cash reserves that a sports wagering licensee is required to maintain to cover winning wagers. This change to Regulation .06 does not change the originally proposed $500,000 reserve amount. The subsequent provisions are renumbered accordingly.

              In §D, the Agency adds language to clarify that reserves may include cash held on premise, as opposed to being held in financial institutions by adding “in cash held on facility premises.”

     36.10.15 Sports Wagering Licensee Facility Standards

          Regulation .03A(3): The Agency agrees with public comment to change this paragraph to better refer to, and align with, terms defined and used in these regulations, and changes “computerized sports wagering platform, player management system surveillance system” to “sports wagering platform, promotional play system, point of sale system, or surveillance system.”

     36.10.16 Wagering Using Online, Web-Based, or Mobile Applications

          Regulation .02: The Agency agrees with public comment that this regulation should acknowledge that a mobile application may have an accompanying website component, so the revision clarifies that a mobile sports wagering licensee may utilize only one individually branded website “and an accompanying application” to accept and pay sports wagers.

     36.10.18 Sports Wagering Technical Standards

          Regulation .01: Revision changes the incorrect 36.10.16, to the correct citation of 36.10.18.

              Adds new §§C “Sports wagering facility license” and D “Sports wagering facility operator license” to correctly identify the four sports wagering licenses required under SG §9-1E-05(a)(1) and (2), and COMAR 36.10.04 and 36.10.06.03.

          Regulation .03Q(3): Revision corrects the cross-reference from “§P(2)” to “Q(2).”

          Regulation .03R: Revision clarifies that a licensee is required to give the Commission “read only” access to its platform, in a manner the Commission requires.

          Regulation .05B(2): Revision adds “bettor or” to clarify that, when a bettor account is created, either the “bettor or” the sports wagering licensee may establish a username and password.

          Regulation .05J: Revision adjusts from 5 to 7 the number of days from when a bettor requests withdrawal of funds that a licensee must complete the withdrawal.

          Regulation .05Q: Revision adjusts from 5 to 7 the number of days from when a licensee receives notice from the bettor of the bettor’s intent to close the account, to refund the bettor’s remaining account balance.

          Regulation .05S(1) and (2): Revision replaces “disable” and “disabled” with “lock” and “locked” (respectively), in terms of restricting access to a bettor’s account after failed log in attempts. The Agency agrees with public comment that suggested “disabling” an account may be construed as a permanent action against the account, which is not the intent of the regulation, so “lock” is more appropriate.

          Regulation .06B(2): Revision corrects an inaccurate reference, from “.02B” to “.03B” of this chapter.

 

Subtitle 01 GENERAL PROVISIONS

36.01.02 Administrative Procedures

Authority: General Provisions Article, §§3-101—3-501 and 4-101—4-601; State Government Article, §§9-108—9-111, 9-1A-04, 9-1E-04, 10-201, 10-226, and 10-301—10-305, [[10-501—10-512, and 10-611—10-630]]; Annotated Code of Maryland

 

Subtitle 10 SPORTS WAGERING PROVISIONS

36.10.01 General

Authority: Business Regulation Article, §§11-101, 11-524, 11-815 — 11-832; Criminal Law Article, §§12-301.1 and 12-308; State Government Article, §§9-110, 9-1A-01, 9-1A-04, 9-1A-05, 9-1A-11, 9-1A-14, 9-1A-24, 9-1E-01, and 9-1E-05, Annotated Code of Maryland; Ch. 603, §6, Acts of 2012, and Ch. 10, §23, Acts of 2018

.02 Definitions.

A. (proposed text unchanged)

B. Terms Defined.

(1)—(14) (proposed text unchanged)

(15) “Client software” means any software or application installed or operating on a bettor’s device for the purpose of interacting with [[an online]] a sports wagering [[system]] platform and conducting online sports wagering.

(16)—(28) (proposed text unchanged)

(29) “House rules” means a sports [[book]] wagering licensee’s Commission-approved requirements for its sports wagering operation that are in addition to the Commission’s regulations, and that shall include:

(a)—(e) (proposed text unchanged)

(f) A method of notifying bettors that a winning ticket expires 182 days after the wager is [[won]] settled;

(g) If the sports wagering [[system]] platform allows the bettor to place a wager that pays more than the stated maximum amount, the licensee’s policy and methods for:

(i)—(ii) (proposed text unchanged)

(h) A method of contacting the sports [[book]] wagering licensee with questions and complaints;

(i) (proposed text unchanged)

(j) A [[process for any employee of a sports governing body or member team who is not prohibited from wagering to register with the Commission prior to placing a sports wager;

(k) A]] method of funding a sports wager; and

[[(l)]](k) Any other item required by the Commission to be addressed in the licensee’s house rules.

(30)—(43) (proposed text unchanged)

(44) “Multi-factor authentication” means a procedure that requires more than one method to verify a bettor’s identity through a combination of two or more independent credentials, including:

(a) Information known only to the bettor, such as a password, pattern or answers to challenge questions; and

(b) A bettor’s biometric data, such as fingerprints, facial or voice recognition, to the extent this data does not violate privacy laws[[; and

(c) Using something the bettor has, such as the bettor’s phone]].

(45) (proposed text unchanged)

(46) “Online sports wagering” means sports wagering that is conducted through [[an online gaming system]] a sports wagering platform that:

(a)—(b) (proposed text unchanged)

(47)—(52) (proposed text unchanged

(53) “Personally identifiable information” means a person’s name in addition to other data or information that may be used, alone or combined with other data or information, to identify, contact, or locate a registered bettor, including:

(a) [[Name, initials]] Initials, or personal mark;

(b)—(i) (proposed text unchanged)

(54) (proposed text unchanged)

(55) “Pool wager” means a wager with a fixed entry cost where the bettor’s winnings may depend on the number of other bettors wagering on the sporting event.

(56) Predatory Marketing Practice.

(a) “Predatory marketing practice” means an advertisement or promotion of an activity, product, or service related to sports wagering that is:

(i)—(ii) (proposed text unchanged)

(iii) Knowingly directed to an individual who is younger than 21 years old and is not a participant in the sporting event;

(iv)—(v) (proposed text unchanged)

(b) (proposed text unchanged)

(57)—(60) (proposed text unchanged)

(61) “Registered bettor” means a person who has registered with a sports wagering licensee to make wagers or for inclusion in the licensee’s bettor tracking system.

(62)—(69) (proposed text unchanged)

(70) “Sports wagering account” or “bettor account” means an electronic account that may be established by a bettor for the purpose of sports wagering, including making deposits and withdrawals, placing wagers, and receiving payouts on winning wagers.

(71)—(72) (proposed text unchanged

(73) “Sports wagering contractor—Tier 1” or “Tier 1 contractor” means a sports wagering contractor that provides sports wagering equipment or services and:

(a)—(c) (proposed text unchanged)

(d) May have contact with, or access to, sports wagering equipment or sports wagering [[systems]] platforms;

(e)—(g) (proposed text unchanged)

(74) “Sports wagering contractor—Tier 2” or “Tier 2 contractor” means a sports wagering contractor that supplies equipment or services related to a sports wagering licensee’s sports wagering operations, and:

(a) (proposed text unchanged)

(b) Has no contact with, or access to, sports wagering equipment or sports wagering [[systems]] platforms; and

(c) (proposed text unchanged)

(75) “Sports wagering employee” or “wagering employee” means an individual who:

(a) Is or is seeking to be employed by an applicant for or holder of a sports wagering [[licensee]] license, whose duties relate, or may relate to the operation of a sports wagering facility or sports wagering, and who performs or supervises or may perform or supervise the performance of:

(i)—(v) (proposed text unchanged)

(b)—(c) (proposed text unchanged)

(76) “Sports wagering equipment” means any mechanical, electronic or other device, mechanism, software or equipment, and related supplies used or consumed in the operation of sports wagering, including a self-service kiosk on the premises of a sports wagering facility.

(77)—(79) (proposed text unchanged)

(80) “Sports wagering [[interactive]] website” means the website or interactive wagering application through which a sports wagering licensee makes authorized mobile sports wagering available.

(81)—(82) (proposed text unchanged)

(83) “Sports wagering operation” or “sports wagering operations” means the entirety of a sports wagering licensee’s business of conducting sports wagering and related activities, including:

(a)—(c) (proposed text unchanged)

(d) Securing [[an online]] a sports wagering [[system]] platform;

(e)—(i) (proposed text unchanged)

(84)—(95) (proposed text unchanged)

 

36.10.03 All Applicants and Licensees—Qualification Requirements

Authority: State Government Article, §§9-1A-02 — 9-1A-04, 9-1A-07,  9-1A-08, 9-1A-14, 9-1A-18 — 9-1A-20, 9-1A-24, 9-1A-25, and 9-1E-01 — 9-1E-15, Annotated Code of Maryland

.04 Ongoing Requirements and Continuing Obligations for All Licensees.

A.—B. (proposed text unchanged)

C. A licensee shall:

(1) (proposed text unchanged)

(2) Maintain all sports wagering data securely for at least 5 years from the date of [[license issuance or renewal]] the wager.

D. A licensee may not:

(1) (proposed text unchanged)

(2) [[Target]] Knowingly target advertising to individuals who are prohibited from participating in sports wagering and other at–risk individuals; or

(3) (proposed text unchanged)

E. (proposed text unchanged)

F. Other than an individual, a sports wagering licensee may sell or transfer an interest in the ownership of the license, if:

(1) The licensee, if a Class B or Mobile licensee, was actively engaged in operating sports wagering authorized under its license in the State for at least [[36 months]] 3 years from the commencement of its sports wagering operations;

(2)—(3) (proposed text unchanged)

G. (proposed text unchanged)

 

36.10.04 Specific Requirements for Sports Wagering Facility Licensees

Authority: State Government Article, §§9-1E-01—9-1E-15, Annotated Code of Maryland.

.01 General.

A.—C. (proposed text unchanged)

D. Except as designated in [[Business Regulation Article, §11-524]] State Government Article, §9-1E-09(a)(1)(ii) Annotated Code of Maryland, a sports wagering facility license authorizes the licensee to conduct, offer, or operate sports wagering at a single facility in the State.

E.—F. (proposed text unchanged)

.02 Process for Obtaining a Sports Wagering Facility License.

A.—F. (proposed text unchanged)

G. Commission staff shall determine whether the awardee has met applicable technical and operational requirements in this chapter for a Class A-1, A-2, B-1, or B-2 sports wagering facility license, and determine whether it meets the Commission’s requirements for:

(1)—(7) (proposed text unchanged)

(8) Sports wagering [[system]] platform;

(9)—(16) (proposed text unchanged)

H.—I. (proposed text unchanged

.04 Class A-2 Sports Wagering Facility License.

A. (proposed text unchanged)

B. A Class A-2 Sports Wagering Facility License may only be issued to:

(1) (proposed text unchanged)

(2) A horse racing licensee under Business Regulation Article, §11-510(b) that is licensed by the Racing Commission to hold racing at:

(a) A race track located at Laurel Park; [[or]] and

(b) Pimlico Race Course.

C.—D. (proposed text unchanged)

.08 In-person Wagering at Sports Wagering Facilities.

A.—B. (proposed text unchanged)

C. Unless a sports wagering facility licensee has obtained a mobile sports wagering license, a sports wagering facility licensee may:

(1) (proposed text unchanged)

(2) [[Conduct]] Offer or conduct sports wagering at its facility, or otherwise on its premises, by using an in-house WiFi network only on devices provided by the sports wagering licensee for use on the gaming or wagering floor.

D. (proposed text unchanged)

 

36.10.05 Specific Requirements for Mobile Sports Wagering Licenses

Authority: State Government Article, §§9-1E-01—9-1E-15, Annotated Code of Maryland

.02 Process for Obtaining a Mobile Sports Wagering License.

A.—F. (proposed text unchanged)

G. Commission staff shall determine whether the awardee has met applicable technical and operational requirements in this chapter for a mobile sports wagering license, and determine whether it meets the Commission’s requirements for:

(1)—(6) (proposed text unchanged

(7) Sports wagering [[system]] platform;

(8)—(15) (proposed text unchanged)

H.—I. (proposed text unchanged)

.04 Ongoing Requirements for a Mobile Sports Wagering Licensee.

A. A mobile sports wagering licensee shall:

(1) Use technical and operational measures to prevent [[access to its]] online wagering by individuals who are underage or physically located outside the State, including:

(a) Age verification procedures, which may require the use of a third party acceptable to Commission staff that is in the business of verifying an individual’s personally identifiable information; and

(b) Geolocation technology to accurately verify a bettor’s geographic location within the State as determined by MD iMAP[[, Maryland’s Mapping & GIS Data Portal]];

(2)—(5) (proposed text unchanged)

(6) Maintain all sports wagering data securely for at least 5 years from date of [[licensure or most recent renewal]] the wager.

B. A mobile sports wagering licensee may enter into a contract with only one online sports wagering operator at a time.

(1) (proposed text unchanged)

(2) Except for a person conducting testing of a licensee’s [[online]] sports wagering [[system]] platform, as required by the Commission, only a person to which the Commission has issued a mobile sports wagering license, or an online sports wagering operator license with which the mobile sports wagering licensee has a current contract, may access the online sports wagering operating system or associated equipment.

C. (proposed text unchanged)

 

36.10.06 Specific Requirements for Other Licenses Required for Sports Wagering

Authority: State Government Article, §§9-1E-01—9-1E-15, Annotated Code of Maryland

.02 Online Sports Wagering Operator License.

A.—E. (proposed text unchanged)

F. Commission staff shall determine whether the applicant has met applicable technical and operational requirements for a license, and determine whether it meets the Commission’s requirements for:

(1)—(6) (proposed text unchanged

(7) Sports wagering [[system]] platform;

(8)—(14) (proposed text unchanged)

G.—I. (proposed text unchanged)

.03 Sports Wagering Facility Operator License.

A.—E. (proposed text unchanged)

F. Commission staff shall determine whether the applicant has met applicable technical and operational requirements, and determine whether it meets the Commission’s requirements for:

(1)—(6) (proposed text unchanged)

(7) Sports wagering [[system]] platform;

(8)—(14) (proposed text unchanged)

G.—J. (proposed text unchanged)

.10 Identification Cards for Sports Wagering Employees.

A.—B. (proposed text unchanged)

C. Licensee Obligations. A licensee:

(1) Unless otherwise approved by the Commission for a specific date and time, shall wear or otherwise prominently display the licensee’s identification card at all times while working in a sports wagering facility or a data center located in Maryland;

(2)—(4) (proposed text unchanged)

D.—I. (proposed text unchanged)

11. Sports Wagering Vendor Registration and Certification.

A.—L. (proposed text unchanged)

M. A sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor Applicant or Licensee shall:

(1) Submit to the Commission a [[monthly]] quarterly sports wagering vendor payments report in a format prescribed by the Commission; and

(2) Ensure that a sports wagering vendor appearing on its [[monthly]] quarterly sports wagering vendor payments report is:

(a)—(c) (proposed text unchanged)

 

36.10.08 Enforcement

Authority: State Government Article, §§9-1A-02, 9-1A-04, 9-1A-20, 9-1A-25, and 9-1E-01—9-1E-15, Annotated Code of Maryland

.02 Violations.

A licensee may not:

A. (proposed text unchanged)

B. Take, or attempt to take, any action that is:

(1)—(3) (proposed text unchanged)

(4) Interfere with the regular operation of:

(a)—(b) (proposed text unchanged)

(c) A sports wagering [[interactive]] website; or

C. (proposed text unchanged)

 

36.10.10 Enforcement of Voluntary Exclusion Program

Authority: State Government Article, §§9-1A-24 and 9-1E-01—9-1E-15, Annotated Code of Maryland

.02 Responsible Gaming Plan.

A. A sports wagering licensee shall establish a responsible gaming plan that sets forth its plan for addressing problem gambling that shall include at least the following elements of the plan:

(1)—(13) (proposed text unchanged)

(14) The sports wagering licensee’s procedures for returning to a bettor the funds in the bettor’s account that were placed by the bettor prior to the bettor’s application for voluntary exclusion, including the requirement that:

(a) (proposed text unchanged)

(b) The sports wagering licensee return the funds to the bettor within [[5]] 7 days of the bettor’s placement on the voluntary exclusion list, by:

(i)—(ii) (proposed text unchanged)

(15) (proposed text unchanged)

B.—D. (proposed text unchanged)

.03 Requirements.

A. (proposed text unchanged)

B. A sports wagering licensee shall:

(1) (proposed text unchanged)

(2) Include banners or other notifications on the sports wagering [[interactive]] websites that bear the gambling assistance message and the underage warning message;

(3) (proposed text unchanged)

(4) Ensure that a printed advertisement bears the gambling assistance message and meets requirements of COMAR [[36.03.06]] 36.10.13.43 and 36.03.03.08;

(5) Ensure that a billboard bearing a printed advertisement bears the gambling assistance message and meets requirements of COMAR [[36.03.06]] 36.10.13.43 and 36.03.03.08;

(6) Ensure that a radio, television, video, online, or social media advertisement bears the gambling assistance message and meets requirements of COMAR [[36.03.06]] 36.10.13.43 and 36.03.03.08;

(7)—(8) (proposed text unchanged)

(9) Place in the sports wagering facility and sports wagering platform responsible gambling awareness information according to its responsible gaming plan required under [[36.10.12.02]] COMAR 36.10.10.02.

 

36.10.11 Mandatory Exclusion

Authority: State Government Article, §§9-1A-24, 9-1E-04, and 9-1E-01—9-1E-15, Annotated Code of Maryland

.04 Mandatory Exclusion List.

A.—D. (proposed text unchanged)

E. The information used to identify an excluded individual may include:

(1) The individual’s:

(a)—(f) (proposed text unchanged)

(g) For non-United States citizens, country of origin;[[and]]

(h) Photograph; and

(i) Social security number or other government issued identification number;

(2)-(4) (proposed text unchanged)

F. (proposed text unchanged)

.09 Sports Wagering Licensee’s Mandatory Exclusion Plan.

A. A sports wagering licensee shall establish a plan for identifying and:

(1) Excluding or ejecting excluded individuals from a sports wagering facility or from participating in sports wagering[[:]]; and

[[(a) Excluded individuals; and

(b) Individuals who may be eligible for placement on the mandatory exclusion list; and]]

(2) (proposed text unchanged)

B.—C. (proposed text unchanged)

 

36.10.12 Collection of Taxes, Fees, and Penalties

Authority: State Government Article, §§9-1A-02, 9-1A-04, 9-1A-33, and 9-1E-01—9-1E-15, Annotated Code of Maryland

.01 General.

This chapter establishes the manner and method by which the Commission may collect from an applicant or licensee a tax, fee or civil penalty established under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, and the manner by which a sports wagering licensee may reconcile [[gross gaming receipts]] proceeds under State Government Article, §9-1E-07, Annotated Code of Maryland.

 

 

36.10.13 Sports Wagering Licensee Minimum Internal Control Standards

Authority: State Government Article, §§9-1E-01—9-1E-15, Annotated Code of Maryland

.03 Content of Internal Controls.

A. (proposed text unchanged)

B. Each procedure or control submission shall, at a minimum, include both narrative and diagrammatic representations of the system to be utilized including the following:

(1)—(13) (proposed text unchanged)

(14) Procedures for suspending or terminating a dormant [[sports wagering]] account and the return of any funds remaining in the dormant [[sports wagering]] account to the registered bettor;

(15)—(26) (proposed text unchanged)

(27) Procedures [[to verify each registered bettor’s physical location:]] and appropriate measures implemented to deter, detect and prevent cheating;

[[(a) Each time a registered bettor logs into their bettor account; and

(b) In near real-time as the application is being used;

(28) Procedures and appropriate measures implemented to deter, detect and prevent cheating;]]

[[(29)]](28) Procedures for identifying and reporting fraudulent, suspicious, or unusual wagering activity;

[[30]](29)—[[37]](36) (proposed text unchanged)

C.—F. (proposed text unchanged)

.04 Review of Internal Controls.

A.—F. (proposed text unchanged)

G. The process developed by the Commission under §F of this regulation shall, at a minimum, require the sports wagering licensee to:

(1) Submit a redlined copy of any section of the approved internal controls to be changed or amended with added text underlined and deleted text lined out;

(2) Document on the redlined copy the date the Commission approved the section to be changed or amended and the date the revision was submitted to the Commission for review;

(3) Submit a narrative explaining the reason for the change or amendment which includes the sports wagering licensee’s target date for implementation;

(4) Submit the written representations required in §B(1) and (2) of this regulation with regard to the proposed change or amendment; and

[[(5) Maintain a log of all changes or amendments in approved internal controls which includes the initial approval date and the effective date of any change or amendment approved by the Commission; and]]

[[(6)]](5) (proposed text unchanged)

.06 Annual Audit and Other Regulatory Reports.

A.—M. (proposed text unchanged)

N. No later than 7 days after the date of filing with the Financial Crimes Enforcement Network, a sports wagering licensee shall [[file with]] provide the Commission [[a copy]] with access to each Suspicious Activity Report filed under 31 CFR §103.21.

O.—R. (proposed text unchanged)

.07 Record Retention.

A.—D. (proposed text unchanged)

E. Exceptions. The following exceptions apply to the retention period in §D of this regulation:

(1)—(2) (proposed text unchanged)

 

(3) A minimum retention period of 30 days shall apply to:

(a)—(b) (proposed text unchanged)

(c) Sports wagering tickets and vouchers redeemed at a facility other than through a ticket redemption unit or kiosk [[; and

(4) A minimum retention period of 7 days shall apply to sports wagering tickets redeemed at a ticket redemption unit or kiosk]].

F.—M. (proposed text unchanged)

.20 Internal Audit Department Standards.

A.—E. (proposed text unchanged)

F. If applicable, the audit department shall audit at least annually:

(1)—(7) (proposed text unchanged)

(8) Surveillance department;[[and]]

(9) Bettor tracking system[[.]]; and

(10) Sports wagering platform.

G. (proposed text unchanged)

.21 Access to Sports Wagering [[Systems]] Platforms.

A. The sports wagering licensee shall limit and control administrative access to the sports wagering platform and associated equipment by ensuring the following:

(1)—(7) (proposed text unchanged)

(8) Ensure remote access to a sports wagering licensee’s sports wagering platform and associated equipment is only permitted from within the local network and not directly accessible from the internet unless secured and monitored and approved by the MLGCC on a case-by-case basis.

B. (proposed text unchanged)

.30 Sports Wagering Ticket or Voucher.

A. A sports wagering licensee may issue a sports wagering ticket or voucher and utilize a sports wagering ticket system meeting the requirements of this subtitle.

B. A sports wagering licensee shall issue a sports wagering ticket or voucher which expires 182 days after the date of the sporting event or voucher issuance.

C. Except for mobile sports wagering, a sports wagering licensee shall:

(1) Configure its sports wagering ticket system to:

(a) (proposed text unchanged)

(b) Require sports wagering tickets or vouchers of $3,000 or more to be redeemed only at the cashiers’ cage;

(2) Configure a ticket redemption unit under Regulation .31 of this chapter to:

(a) Redeem only a sports wagering ticket or voucher of less than $3,000; and

(b) Direct a bettor attempting to redeem a sports wagering ticket or voucher of $3,000 or more to the cashiers’ cage; and

(3) Redeem at its cashiers’ cage a sports wagering ticket or voucher of $3,000 or more by:

(a)—(b) (proposed text unchanged)

D. A sports wagering licensee shall immediately report to the Commission evidence that a sports wagering ticket or voucher has been counterfeited, tampered with, or altered in any way which would affect the integrity, fairness, or reliability of the sports wagering ticket.

E. A sports wagering licensee shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .04 of this chapter procedures addressing the issuance and redemption of a sports wagering ticket or voucher.

F. A sports wagering licensee’s internal controls shall:

(1) Require a sports wagering ticket or voucher to include:

(a)—(f) (proposed text unchanged)

[[(g) At least one anti-counterfeiting measure, which appears on one or both sides of the sports wagering ticket;]]

[[h]] (g) Sports wagering [[facility’s]] facilities where the sports wagering ticket may be redeemed and any restrictions applicable to redemption;

[[i]] (h)—[[j]] (i) (proposed text unchanged)

(2) Include procedures and controls which:

(a) Require a sports wagering ticket system to perform the following prior to payment:

(i) Verify the validity of the ticket number and amount of the sports wagering ticket or voucher; and

(ii) Electronically cancel the sports wagering ticket or voucher;

(b) Require the sports wagering ticket system to be configured to:

(i) Permit access to the complete ticket number of an unredeemed sports wagering ticket or voucher only to sports wagering ticket system administrative employees and accounting department employees not assigned to the cashiers’ cage; and

(ii) Maintain a record of all unredeemed sports wagering tickets or vouchers for a minimum of 2 years from the date of the sporting event or issuance of the sports wagering [[ticket]] voucher unless a request to remove or relocate system records is submitted in writing and approved in writing by the Commission;

(c) Address the following events:

(i) Calculation and transmittal by the sports wagering licensee of its outstanding expired unredeemed sports wagering ticket or voucher balance to the State; and

(ii) An election by a sports wagering licensee to pay a sports wagering ticket or voucher when the sports wagering ticket system is inoperable or otherwise unable to verify the validity of the sports wagering ticket at the time of payment; and

(d) Require generation, at the conclusion of each wagering day, of reports detailing:

(i) Sports wagering tickets or vouchers issued;

(ii) Sports wagering tickets or vouchers redeemed and cancelled by redemption facility;

(iii) Unredeemed liability for sports wagering tickets or vouchers; and

(iv) Any exceptions.

.31 Ticket Redemption Unit or Kiosk.

A. A sports wagering licensee may utilize a ticket redemption unit or kiosk meeting the requirements of this subtitle.

B. A sports wagering licensee shall locate a ticket redemption unit or kiosk in the sports wagering facility subject to the surveillance coverage requirements of Regulation .11 of this chapter.

C. A ticket redemption unit or kiosk:

(1) Shall, in accordance with this regulation, be configured to:

(a) Redeem a sports wagering ticket or voucher of less than $3,000; and

(b) Direct a bettor attempting to redeem a sports wagering ticket or voucher of $3,000 or more to the cashiers’ cage; and

(2) (proposed text unchanged)

D. A sports wagering licensee shall develop and include in the internal controls submitted under Regulation .04 of this chapter, procedures addressing a ticket redemption unit or kiosk.

E. A sports wagering licensee’s internal controls shall address:

(1)—(3) (proposed text unchanged)

(4) Generation of the following reports by a ticket redemption unit or ancillary system or application for the reconciliation period, which may be by wagering day, shift, or drop cycle:

(a) A sports wagering ticket transaction report which details:

(i) Disposition, as paid, partially paid, or unpaid, of sports wagering tickets or vouchers accepted by a ticket redemption unit;

(ii) Sports wagering ticket validation number or voucher identification number;

(iii)—(v) (proposed text unchanged)

(b) A reconciliation report which details:

(i)—(iii) (proposed text unchanged)

(iv) Total number of bills accepted by denomination; [[and]]

(v) Total amount of sports wagering tickets accepted; and

(vi) Total amount of sports wagering vouchers accepted; and

(c) A sports wagering ticket and currency storage box report which details the following data whenever a storage box is removed from the ticket redemption unit:

(i)—(vi) (proposed text unchanged)

(vii) Total count of sports wagering tickets accepted; [[and]]

(viii) Total amount of sports wagering vouchers accepted;

(ix) Total count of sports wagering vouchers accepted; and

[[(viii)]] (x) Details required to be included in the sports wagering ticket transaction report required under §E(4)(a) of this regulation; and

(5) (proposed text unchanged)

.32 Wager Payouts.

A. (proposed text unchanged)

B. A sports wagering licensee shall pay a sports wager payout of $50,000 or more:

(1) (proposed text unchanged)

(2) On the request of a bettor, any combination of cash, sports wagering ticket or voucher, check, or other method of payment approved by the Commission.

C.—E. (proposed text unchanged)

.34 Collection of Cash Storage and Drop Boxes.

A.—H. (proposed text unchanged)

I. Immediately prior to the commencement of the count process, the security department may issue its key to the storage cabinet or trolley required under §G of this regulation to a count room supervisor for the purpose of allowing count room personnel to gain access to the cash storage [[or table game]] drop boxes to be counted.

J. (proposed text unchanged)

.35 Count Room Design Standards.

A.—D. (proposed text unchanged)

D. A sports wagering licensee shall install in its count room a table constructed of clear glass or similar transparent material to be used for the emptying, counting, and recording of the contents of cash storage [[and table game]] drop boxes.

.36 Accounting Controls for a Count Room.

A.—E. (proposed text unchanged)

F. Internal Controls. A sports wagering licensee’s internal controls shall:

(1)—(2) (proposed text unchanged)

(3) Require equipment utilized to count and strap currency, winning sports wagering tickets, sports wagering vouchers, and promotional play instruments to:

(a)—(b) (proposed text unchanged)

(c) If a sports wagering [[system]] platform, point of sale system, or promotional play system is utilized to obtain the amount of a winning sports wagering ticket, sports wagering voucher or promotional play instrument, require the system to perform a calculation or integrity check to ensure that the amount of a sports wagering ticket or promotional play instrument has not been altered in the system in any manner since the time of issuance; and

(4) (proposed text unchanged)

G. A winning sports wagering ticket, sports wagering voucher or promotional play instrument accepted by a cash storage drop box shall be counted and included in the calculation of proceeds without regard to the validity of the sports wagering ticket or promotional play instrument.

H. (proposed text unchanged)

I. Within 72 hours of the count, a licensee shall report in writing to the Commission:

(1) Any variance between:

(a) The actual count of cash, winning sports wagering tickets, sports wagering vouchers and promotional play instruments in a cash storage box as determined in the count room; and

(b) The amount for the cash storage box recorded on the sports wagering licensee’s sports wagering [[system]] platform or point of sale system;

(2)—(3) (proposed text unchanged)

.40 Security of Funds and Data.

A.—C. (proposed text unchanged)

D. [[A corporate entity that maintains a special purpose segregated account shall:

(1) Require a unanimous vote of all corporate directors to file bankruptcy and have articles of incorporation that prohibit commingling of funds with those of the sports wagering licensee except as necessary to reconcile the accounts of a bettor with sums owed by those bettors to the sports wagering licensee;

(2) Be restricted from incurring debt other than to bettors pursuant to the rules that govern their user accounts;

(3) Be restricted from taking on obligations of the sports wagering licensee other than obligations to bettors pursuant to the rules that govern their user accounts; and

(4) Be prohibited from dissolving, merging, or consolidating with another company, other than a special-purpose corporate entity established by another sports wagering licensee that meets the requirements of this section, while there are unsatisfied obligations to bettors.]] A sports wagering licensee shall maintain a reserve in the form of cash, cash equivalents, an irrevocable letter of credit, bond, or a combination of these in an amount approved by the Commission and sufficient to pay all winnings and awards offered to a winning bettor as described in 36.10.14.06.

[[E. A sports wagering licensee shall maintain a reserve in the form of cash, cash equivalents, an irrevocable letter of credit, bond, or a combination of these in an amount approved by the Commission and sufficient to pay all winnings and awards offered to a winning bettor.]]

[[F.]] E. A sports wagering licensee shall implement and prominently publish the following on its platform:

(1)—(5) (proposed text unchanged)

(6) Procedures that allow a bettor to permanently close a user account at any time and for any reason. The procedures shall allow for closing by any reasonable means, including by a bettor on any platform used by that bettor to make deposits into a segregated account.

[[G.]] F.—[[H.]] G. (proposed text unchanged)

[[I.]] H. If a bettor’s segregated account remains unclaimed for [[5]] 3 years after the balances are payable or deliverable to the bettor, the sports wagering licensee shall presume the account to be abandoned and shall report and remit all segregated accounts presumed abandoned to the State Comptroller.

[[J.]] I.—[[K.]] J. (proposed text unchanged)

.41 Consumer Protection.

A. Automated Teller Machines.

(1) Withdrawal Limits. Exclusive of transaction fees or surcharges, the maximum amount that a bettor may withdraw from [[an]] a bank account by using an automated teller machine at the location is no more than $2,500 per sports wagering day.

(2) Temporary Cash Assistance Prohibited. An automated teller machine or online [[Sports Wagering System]] sports wagering platform may not accept an electronic benefit card, debit card, or similar instrument issued by the Department of Human Services for the purpose of accessing temporary cash assistance.

B. Promotional Offers. A sports wagering licensee shall, at least [[7]] 2 days prior to implementing a promotion, submit terms and conditions of each promotion to the Commission and shall include, at a minimum, all of the following:

(1)—(14) (proposed text unchanged)

C. (proposed text unchanged)

D. [[The]] A link to the terms and conditions of all promotions communicated to bettors shall be posted on the sports wagering licensee’s home website as well as any websites the sports wagering contractor operates on behalf of a sports wagering licensee.

E.—K. (proposed text unchanged)

.42 House Rules.

A sports [[book]] wagering licensee shall ensure that its house rules are:

A.—D. (proposed text unchanged)

 

36.10.14 Sports Wagering Requirements and Limitations

Authority: State Government Article, §§9-1E-01—9-1E-15, Annotated Code of Maryland

.01 Authorized Wagers.

A.—C. (proposed text unchanged)

[[C.]] D. (proposed text unchanged)

.02 Commission Approval of Specific Bet Types.

A.—B. (proposed text unchanged)

C. The Commission may permit a sports wagering licensee [[on behalf of a sports wagering licensee]] to offer [[the]] any of the following types of wagers on the events contained in §B of this regulation:

(1)—(4) (proposed text unchanged)

(5) Straight wagers; [[and]]

(6) Pools; and

[[6]] (7) Other types of wagers as approved by the Commission.

D.—E. (proposed text unchanged)

.03 Prohibited Wagers.

A. (proposed text unchanged)

B. A sports wagering licensee may not accept a wager that the licensee knew or should have known:

(1) [[That involves]] Involves cheating;

(2) [[From]] Was made by an athlete on an athletic event of the type in which the athlete participates or an athletic event governed by the same governing entity under which the athlete competes;

(3) [[From]] Was made by a person who holds a position of authority or influence over the participants in a sporting event or is professionally connected to an athletic event or governing entity, including a:

(a)—(h) (proposed text unchanged)

(4) [[From]] Was made by a person who is placing a wager on behalf, or for the benefit, of a person that is prohibited from participating in sports wagering under applicable law or regulation; or

(5) [[That encourages]] Encourages or instructs a bettor to structure a wager to circumvent applicable law or regulation.

C. (proposed text unchanged)

D. A sports wagering licensee may not accept or facilitate a wager:

(1) On a sporting event not approved by the Commission under this regulation;

(2) From an excluded individual;

(3) From a person who is placing the wager in violation of applicable law or regulation; or

(4) From any employee of a sports wagering licensee or sports wagering operator, on the premises or platform of the employee’s employer, that may not participate in sports wagering because the person:

(a) Is licensed by the Commission under State Government Article, Title 9, Subtitles 9-1A or 9-1E, Annotated Code of Maryland; or

(b) Is an affiliate or agent of a sports wagering licensee or online sports wagering operator.

E. The prohibition under §D(4) of this regulation is not applicable to persons who are registered or certified as a vendor under COMAR 36.10.06.11.

.04 Limits on Accepting Wagers.

A. A sports wagering platform shall be capable of allowing a registered bettor to establish the following responsible wagering limits:

(1) (proposed text unchanged)

(2) A limit on the amount [[of]] wagered or money lost within a daily, weekly or monthly basis that:

(a)—(b) (proposed text unchanged)

 (3)—(7) (proposed text unchanged)

B. (proposed text unchanged)

C. An increase to financial limits in §A of this regulation [[may not be effective later than the registered bettor’s next login]] may not become effective until after the time period of the previous limit has expired.

D. A decrease to the chronological limits in §A of this regulation [[shall become effective only after the time period of the previous limit has expired]] may not be effective later than the registered bettor’s next login.

E. A self-imposed limitation established by a bettor may not replace or override a more restrictive limitation imposed by a licensee or these regulations.

.05 Funding Wagers.

A.—D. (proposed text unchanged)

E. The sports wagering licensee shall update bettor account balances after each [[game cycle]] bet settles to reflect the funds available for any future wagers the bettor may choose to place.

[[F. A sports wagering licensee may not accept or facilitate a wager:

(1) On a sporting event not approved by the Commission under §A(1) of this regulation;

(2) From an excluded individual;

(3) From a person who is placing the wager in violation of applicable law or regulation; or

(4) From a person that may not participate in sports wagering because the person:

(a) Is licensed by the Commission under State Government Article, Title 9, Subtitles 9-1A or 9-1E, Annotated Code of Maryland; or

(b) Is an affiliate or agent of a sports wagering licensee or online sports wagering operator.

G. The prohibition under §F(4) of this regulation is not applicable to persons who are registered or certified as a vendor under COMAR 36.10.06.12.]]

[[H.]]F.—[[I.]]G. (proposed text unchanged)

.06 Reserve.

A.—B. (proposed text unchanged)

C. The amount in the reserve shall be at least $500,000 and equal or exceed the aggregate sum of:

[[(1) Funds held by the sports wagering licensee in bettor accounts;]]

[[(2)]](1)—[[(3)]](2) (proposed text unchanged)

D. A sports wagering licensee shall ensure that the reserve is held:

(1) [[by]] By a financial institution insured by the Federal Deposit Insurance Corporation and licensed to transact business in the State; or

(2) For sports wagering facility licensee, in cash held on facility premises.

E. (proposed text unchanged)

 

36.10.15 Sports Wagering Licensee Facility Standards

Authority: State Government Article, §§9-1E-01—9-1E-15, Annotated Code of Maryland

.03 Facility Design Standards.

The holder of a Class A or Class B license shall, at its own expense, construct its facility in accordance with specifications established by the Commission, including:

A. For any sports wagering licensee that does not currently hold a video lottery facility operator’s license, at least 100 square feet of office space or an amount approved by the Commission that is available for use by the Commission staff and equipped with:

(1)—(2) (proposed text unchanged)

(3) Computer terminals permitting read only access by authorized Commission staff to any [[computerized]] sports wagering platform, [[player management system]] promotional play system, point of sale system, or surveillance system [[or bettor tracking system]] used by the sports wagering licensee;

B.—F. (proposed text unchanged)

 

36.10.16 Wagering Using Online, Web-Based, or Mobile Applications

Authority: State Government Article, §§9-1E-01—9-1E-15, Annotated Code of Maryland

.02 One Website.

A mobile sports wagering licensee may utilize only one individually branded website and an accompanying application to accept and pay sports wagers.

 

36.10.18 Sports Wagering Technical Standards

Authority: State Government Article, §§9-1E-01—9-1E-15, Annotated Code of Maryland

.01 General.

Unless context or the individual regulation dictates otherwise, for purposes of [[COMAR 36.10.16]] COMAR 36.10.18, “sports wagering licensee” includes:

A. Mobile sports wagering licensee; [[and]]

B. Online sports wagering operator licensee;

C. Sports wagering facility licensee; and

D. Sports wagering facility operator licensee.

.03 Sports Wagering Platform Requirements.

A.—P. (proposed text unchanged)

Q. Data Feeds.

(1)—(2) (proposed text unchanged)

(3) The sports wagering licensee shall maintain the information required by [[§P(2)]] §Q(2) for a minimum period of 2 years.

R. A sports wagering licensee that provides a sports wagering platform shall grant the Commission read only access to the platform in the manner required by the Commission.

S.—T. (proposed text unchanged)

.05 Bettor Accounts.

A.—E. (proposed text unchanged)

F. Creation of a Bettor Account.

(1) (proposed text unchanged)

(2) When a bettor account is created, the bettor or sports wagering licensee shall establish a unique username and password for the bettor authorized to use the bettor account that prevents unauthorized access to the bettor account by an individual other than the bettor.

G.—I. (proposed text unchanged)

J. Within [[5]] 7 days of a bettor request for withdrawal of funds, the sports wagering licensee shall complete the withdrawal unless there is a pending:

(1) Unresolved bettor dispute; or

(2) Investigation prompted by a bettor dispute or the Commission.

K.—P. (proposed text unchanged)

Q. A sports wagering licensee shall:

(1) Offer an easily accessible method for a bettor to close the bettor’s account; and

(2) Refund the balance remaining in a bettor’s account:

(a) Pursuant to the sports wagering licensee’s internal control standards; and

(b) No later than [[5]] 7 days after receiving notice from the bettor of the intent to close the bettor’s account.

R. (proposed text unchanged)

S. A sports wagering licensee shall:

(1) [[Disable]] Lock a bettor’s account after 3 failed log-in attempts; and

(2) Require multi-factor authentication to recover or reset a password or username after being [[disabled]] locked.

T.—V. (proposed text unchanged)

.06 Information Security.

A. (proposed text unchanged)

B. A sports wagering licensee shall:

(1) (proposed text unchanged)

(2) Have the testing set forth in §B(1) of this regulation conducted by a Commission approved third party as set forth in Regulation [[.02B]] .03B of this chapter.

C.—D. (proposed text unchanged)

JOHN MARTIN
Director

 

 

Proposed Action on Regulations

 


Title 03
COMPTROLLER OF THE TREASURY

Subtitle 04 INCOME TAX

Notice of Proposed Action

[22-007-P]

The Comptroller of the Treasury proposes to adopt:

(1) New Regulation .17 under COMAR 03.04.02 Individual; and

(2) New Regulation .11 under COMAR 03.04.03 Corporations.

Statement of Purpose

The purpose of this action is to adopt new regulations which provide guidance to individuals and corporations regarding the subtraction allowed for donations of diapers or hygiene products to qualified charitable entities. Additionally, the regulations include the criteria and procedures for registration as a qualified charitable entity.

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 Krista Sermon, Office of Law and Policy, Comptroller of Maryland, 80 Calvert St., Room 409B, Annapolis, MD 21401, or call 410-260-7319, or email to ksermon@marylandtaxes.gov . Comments will be accepted through February 2, 2022. A public hearing has not been scheduled.

 

03.04.02 Individual

Authority: Tax-General Article, §§2-103, 10-102.1, 10-208, and 10-823, Annotated Code of Maryland

.17 Donations to Diaper Banks and Other Charitable Entities.

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) “Diaper bank” means a nonprofit organization located in the State that:

(i) Is qualified as tax exempt under the Internal Revenue Code, §501(c)(3);

(ii) Is established and operating primarily for the purpose of collecting or purchasing disposable diapers or other hygiene products for infants or children; and

(iii) Distributes those diapers or hygiene products through schools, health care facilities, government agencies, or other nonprofit entities for eventual distribution to individuals free of charge.

(b) “Donation” means an irrevocable gift of:

(i) Disposable diapers, other hygiene products for infants or children, or feminine personal hygiene products; or

(ii) Cash that is specifically designated for the purchase of disposable diapers, other hygiene products for infants or children, or feminine personal hygiene products.

(c) “Feminine personal hygiene products” means sanitary pads, tampons, menstrual sponges, menstrual cups, or other similar feminine hygiene products, whether reusable or disposable.

(d) “Qualified charitable entity” means a diaper bank, homeless shelter, domestic violence shelter, religious organization, or other charitable organization that distributes diapers, other hygiene products for infants or children, or feminine personal hygiene products, and that is registered with the Comptroller as a distributor of disposable diapers, other hygiene products for infants or children, or feminine personal hygiene products as described in §C of this regulation.

B. Subtraction for Individual Taxpayers.

(1) For any taxable year beginning after December 31, 2020, but before January 1, 2024, an individual may subtract up to $1,000 of donations made by the taxpayer during the taxable year to a qualified charitable entity from federal adjusted gross income to determine Maryland adjusted gross income.

(2) To claim the subtraction under §B(1) of this regulation, the taxpayer shall file with the income tax return on which the subtraction modification is taken a statement with the following information:

(a) The name of each qualified charitable entity to which a donation was made;

(b) The value of the donation to each qualified charitable entity identified in §B(2)(a) of this regulation, which the Comptroller may verify with the qualified charitable entity; and

(c) Any other information that the Comptroller requires.

C. Qualified Charitable Entities.

(1) In order to register with the Comptroller as a qualified charitable entity, an entity shall:

(a) Submit an application in the form and manner prescribed by the Comptroller;

(b) Submit with the application required under §C(1)(a) of this regulation the following documents:

(i) The entity’s organizing instrument, such as its articles of incorporation;

(ii) The entity’s current operating instrument, such as its by-laws;

(iii) The entity’s determination letter from the Internal Revenue Service designating the entity as a §501(c)(3) charitable organization; and

(iv) Certification that the entity is in good standing;

(c) Operate in compliance with all applicable federal, State, and local laws;

(d) Be registered as a charity with the Maryland Secretary of State; and

(e) Provide additional documentation as required by the Comptroller.

(2) Upon request by a donor, a qualified charitable entity shall issue to the donor a receipt indicating:

(a) For a cash donation, the amount donated that is specifically designated for the purchase of disposable diapers, other hygiene products for infants or children, or feminine personal hygiene products;

(b) For a noncash donation, a description of the noncash contribution;

(c) The name of the organization;

(d) A statement that no goods or services were provided by the organization, if that is the case;

(e) A description and good faith estimate of the value of goods or services, if any, the organization provided in return for the contribution;

(f) A statement that goods or services, if any, that the organization provided in return for the contribution consisted entirely of intangible religious benefits, if that was the case; and

(g) The date of the donation.

(3) When the value of a donation equals or exceeds $250, the donor shall obtain and keep in their records a receipt from the qualified charitable entity as described in §C(2) of this regulation.

(4) A qualified charitable entity shall provide annually to the Comptroller by January 31 for the prior tax year:

(a) A list of donors from whom the charity has received donations; and

(b) To the extent available, the value of each donor’s donation.

 

03.04.03 Corporations

Authority: Tax-General Article, §§2-103 and 10-306.1(h), Annotated Code of Maryland

.11 Donations to Diaper Banks and Other Charitable Entities.

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) “Diaper bank” means a nonprofit organization located in the State that:

(i) Is qualified as tax exempt under §501(c)(3) of the Internal Revenue Code;

(ii) Is established and operating primarily for the purpose of collecting or purchasing disposable diapers or other hygiene products for infants or children; and

(iii) Distributes those diapers or hygiene products through schools, health care facilities, government agencies, or other nonprofit entities for eventual distribution to individuals free of charge.

(b) “Donation” means an irrevocable gift of:

(i) Disposable diapers, other hygiene products for infants or children, or feminine personal hygiene products; or

(ii) Cash that is specifically designated for the purchase of disposable diapers, other hygiene products for infants or children, or feminine personal hygiene products.

(c) “Feminine personal hygiene products” means sanitary pads, tampons, menstrual sponges, menstrual cups, or other similar feminine hygiene products, whether reusable or disposable.

(d) “Qualified charitable entity” means a diaper bank, homeless shelter, domestic violence shelter, religious organization, or other charitable organization that distributes diapers, other hygiene products for infants or children, or feminine personal hygiene products, and that is registered with the Comptroller as a distributor of disposable diapers, other hygiene products for infants or children, or feminine personal hygiene products as described in COMAR 03.04.02.17.

B. Subtraction for Corporations.

(1) For any taxable year beginning after December 31, 2020, but before January 1, 2024, a corporation may subtract up to $1,000 of donations made by the taxpayer during any taxable year to a qualified charitable entity from federal taxable income to determine Maryland modified income.

(2) To claim the subtraction under §B(1) of this regulation, the taxpayer shall file with the income tax return on which the subtraction modification is taken a statement with the following information:

(a) The name of each qualified charitable entity to which a donation was made;

(b) The value of the donation to each qualified charitable entity identified in §B(2)(a) of this regulation, which the Comptroller may verify with the qualified charitable entity; and

(c) Any other information that the Comptroller requires.

PETER FRANCHOT
Comptroller

 

Subtitle 04 INCOME TAX

03.04.02 Individual

Authority: Tax-General Article, §§2-103, 10-102.1, 10-208, and 10-823, Annotated Code of Maryland

Notice of Proposed Action

[22-008-P]

The Comptroller of the Treasury proposes to adopt new Regulation .18 under COMAR 03.04.02 Individual.

Statement of Purpose

The purpose of this action is to adopt a new regulation which provides guidance to individuals regarding the subtraction allowed for contributions to a first-time homebuyer savings account as well as penalties associated with withdrawal of funds for purposes other than eligible costs.

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 Krista Sermon, Office of Law and Policy, Comptroller of the Treasury, 80 Calvert St., Room 409b, Annapolis, MD 21401, or call 410-260-7319, or email to ksermon@marylandtaxes.gov. Comments will be accepted through February 2, 2022. A public hearing has not been scheduled.

.18 Subtraction for Contributions to First-Time Homebuyer Savings Accounts.

A. Definitions.

(1) In this regulation, the following terms have the meaning indicated.

(2) Terms Defined.

(a) “Account holder” means a first-time homebuyer who establishes a first-time homebuyer savings account.

(b) “Allowable closing costs” means a disbursement listed on a settlement statement for the purchase of a home in the State by an account holder.

(c) “Eligible costs” means the down payment and allowable closing costs for the purchase of a home in the State by an account holder.

(d) “Financial institution” has the meaning stated in Financial Institutions Article, §1-101, Annotated Code of Maryland.

(e) “First-time homebuyer” means an individual who is a resident of the State and who has not owned or purchased, either individually or jointly, a home in the State in the last 7 years.

(f) “First-time homebuyer savings account” or “account” means an account with a financial institution that an account holder designates as a first-time homebuyer savings account on the account holder’s Maryland income tax return for taxable year 2021 or any following taxable year and that is established for the sole purpose of paying or reimbursing eligible costs for the purchase of a home in the State by the account holder.

(g) “Home” means a single-family residential real property, including a mobile home as defined in Real Property Article, §8A-101, Annotated Code of Maryland.

(h) “Settlement statement” means the statement of receipts and disbursements for a transaction related to real estate, including a statement prescribed under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. §§2601—2617 and 12 CFR 1024.

B. Availability of Subtraction.

(1) Subject to the limitations in §B(2) of this regulation, the following amounts are allowed as a subtraction from the federal adjusted gross income to determine Maryland adjusted gross income:

(a) Up to $5,000 of the amount contributed by an account holder to a first-time homebuyer savings account during the taxable year; and

(b) The earnings, including interest and other income on the principal, from the account during the taxable year.

(2) Limitations.

(a) An account holder may claim the subtraction under §B(1) of this regulation:

(i) For a period not to exceed 10 years;

(ii) For total earnings not to exceed $50,000 during the 10-year period; and

(iii) Except as provided for in §D(2) and (3) of this regulation, if the principal and earnings of the account remain in the account until a withdrawal is made for eligible costs related to the purchase of a home by the account holder.

(b) An account holder may not be the account holder of more than one account.

(c) The account holder shall use the funds in the account for eligible costs related to the purchase of a home within 15 years following the date on which the account was established.

(d) Any funds in the account for which a subtraction was claimed and not expended on eligible costs by December 31 of the last year of the 15-year period under §B(2)(c) of this regulation shall be subject to taxation as ordinary income.

(e) A person other than the account holder who transfers money to the account is not entitled to the subtraction.

(f) The subtraction is available in all taxable years beginning after December 31, 2020.

(3) An individual may jointly establish an account with another person if the joint account holders are both first-time homebuyers and file a joint State income tax return.

(4) Joint Returns.

(a) Each spouse on a joint return who is the sole account holder of a first-time homebuyer savings account may claim up to the full amount of the subtraction under §B(1) of this regulation.

(b) The amount claimed by each spouse is limited to their:

(i) Contributions to the account on which they are the account holder; and

(ii) Earnings on the account on which they are the account holder.

C. Claiming the Subtraction.

(1) An account holder claiming a subtraction shall file with the income tax return on which the subtraction is claimed, and each subsequent year, whether or not the subtraction is claimed in each subsequent year, until the funds are used for eligible costs, a list of transactions for the account during the taxable year.

(2) On withdrawal of funds from the account, submit to the Comptroller a detailed account of the eligible costs toward which the account funds were applied and a statement of the amount of funds remaining in the account, if any.

(3) The detailed account of the eligible costs described in §C(2) of this regulation shall include:

(a) Copies of statements provided by the account holder’s financial institution; and

(b) The settlement statement related to the purchase of the home in the State by the account holder.

D. Withdrawal for Purposes Other than Eligible Costs.

(1) Except as authorized under §§D(2)(a) and (3) of this regulation, if the account holder withdraws any funds for which a subtraction has been claimed from the account for a purpose other than eligible costs for the purchase of a home:

(a) The funds shall be taxed as ordinary income of the account holder for the tax year in which they were withdrawn; and

(b) The account holder shall pay a penalty to the State equal to 10 percent of the amount withdrawn.

(2) Rollovers.

(a) An account holder may withdraw money from the account and deposit the money in a new first-time homebuyer savings account held by a different financial institution or the same financial institution.

(b) An account holder who withdraws funds from an account but does not deposit the funds in a new first-time homebuyer savings account within 60 days of withdrawal shall be subject to the tax and penalty described in §D(1) of this regulation.

(3) A disbursement of any assets of a first-time homebuyer savings account under a filing by an account holder for protection under the United States Bankruptcy Code, 11 U.S.C. §§101—1330, does not subject the account holder to the liabilities described in §D(1) of this regulation.

(4) A use of the account funds to pay a financial institution’s administrative costs is not be considered a withdrawal from the account subject to the provisions of §D(1) of this regulation if the administrative costs:

(a) Are disclosed by the financial institution, in writing, to the account holder at the time the account is opened; and

(b) Do not inure to the benefit of the account holder.

PETER FRANCHOT
Comptroller

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.03 Blue Crabs

Authority: Natural Resources Article, §§4-215 and 4-803, Annotated Code of Maryland

Notice of Proposed Action

[22-011-P]

     The Secretary of Natural Resources proposes to amend Regulation .07 under COMAR 08.02.03 Blue Crabs.

Statement of Purpose

The purpose of this action is to clarify the crab pot line at the mouth of St. Jerome Creek in St. Mary’s County and to remove duplicative language that currently exists in the regulation.

Currently the regulatory line which governs crab pot use at the mouth of St. Jerome Creek is defined in COMAR 08.02.03.07E(3) as "thence along shores to Cedar Point to Point No Point and to Point Lookout.” “Along the shore” in this instance, is intended to be from point of land to point of land, as the purpose of the crab pot lines is to restrict crab pots to the mainstem Chesapeake Bay. Due to differing definitions of “along the shore” within this regulation, the Department is proposing to directly reference the points of land at the mouth of St. Jerome Creek to make it explicit that the tributary is closed to crab pots. The new language will reference St. Jerome Point and Deep Point (the two points on either side of the mouth of St. Jerome Creek) between Point No Point and Point Lookout.

Additionally, the action will remove the statement “A person who owns or is in charge of operating a vessel used to catch crabs for commercial purposes with crab pots shall be licensed by the department”, as it is duplicative of commercial licensing requirements elsewhere.

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 Crab Pot Line Regulations, Regulatory Staff, Maryland Department of Natural Resources, Fishing and Boating Services, 580 Taylor Ave., E-4, Annapolis, MD 21401, or call 410-260-8300, or fill out the comment form at https://dnr.state.md.us/fisheries/Pages/regulations/changes.aspx#bcrabstjames. Comments will be accepted through February 2, 2022. A public hearing will be held online only on January 13, 2022, at 1 p.m. Join with Google Meet, meet.google.com/cue-azno-yds. Join by phone, (US) +1 415-656-8412 (PIN: 466858181).

.07 Crab Pots.

A.—C. (text unchanged)

D. General Requirements.

(1)—(3) (text unchanged)

[(4) A person who owns or is in charge of operating a vessel used to catch crabs for commercial purposes with crab pots shall be licensed by the Department.]

[(5)] (4)[(8)] (7) (text unchanged)

E. Crab Pot Line for the Chesapeake Bay and Potomac River.

(1)—(2) (text unchanged)

(3) The following lines mark the headlands of the rivers, bay, creeks, sounds, coves, and inlets beginning on the western side of Chesapeake Bay at Locust Point on Spesutie Island; then southwesterly along the shore to Bear Point; thence to Black Point; thence southwesterly along shore to Abbey Point; thence to Lego Point; thence along the shore to Ford Point; thence along the shore to Robbins Point; thence along the shore to southwestern tip of Rickett Point; thence in a northwesterly direction to the point of Carroll Island at Lat. 39°18'52.29" N., Long. 76°19'42.11" W. to Weir Point to Lower Point; thence to the northeasterly point of Millers Island; thence southerly along southeasterly shores of Millers Island, Hart Island, and Patapsco River Neck to the southernmost tip of North Point; thence southwesterly along a line to Buoy R "6" to within 200 yards of the Brewerton channel; thence in a southeasterly direction to intersect a point along a line from North Point to Bodkin Point 200 yards north of the Brewerton channel; thence to Bodkin Point; thence southerly along shore to Mountain Point; thence to Persimmon Point; thence along shores to Sandy Point to Hackett Point; thence to Greenbury Point; thence to Tolly Point; thence along shore to Thomas Point; thence to Saunders Point; thence along shore to Dutchman Point; thence to Curtis Point; thence along shore to point on north side of entrance into Parkers Creek; thence to Holland Point; thence southerly along shore to Plum Point and to Cove Point and to Drum Point; thence to Hog Point; thence along shores to Cedar Point to Point No Point to St. Jerome Point to Deep Point and to Point Lookout; thence southeasterly across the Potomac River to Smith Point; thence northeasterly along State line to intersection with westerly shore of Smith Island, crossing Big Thorofare at points marking its western entrance and continuing northward along shore to Fog Point; thence to southwesternmost point of land on Pry Island; thence to southernmost point of Holland Island; thence along western shores of Holland Island, Adam Island, Billys Island, and Bloodsworth Island to tip of shore on southwesterly side of entrance into Okahanikan Cove; thence to Navy-maintained tower; thence to nun Buoy N "2", thence to Honga River Light Fl. 4 § 16 ft. 4M; thence to Billy’s Point at Lat. 38°14.52' N., Long. 76°07.58' W. on lower Hoopers Island; thence westerly along shore of Hoopers Island to Pons Point; thence to southernmost point of Barren Island; thence northerly along the western shore of Barren Island crossing Tar Bay at points marking its northwestern entrances, and continuing northerly along west shores of Meekins Neck, Taylors Island, and James Island to James Point; thence to Hills Point; thence to Black Walnut Bar Bell buoy; thence to Black Walnut Point; thence northerly along west shore of Tilghman Island to point on northerly side of Paw Cove; thence northerly along shore to a point on the eastern side of Harbor Cove defined by Lat. 38°46'43.98" N., Long. 76°19'23.38" W.; thence in a straight line in a northwesterly direction to Bloody Point; thence northerly along west shore to Kent Island to Love Point; thence to northwest point of Eastern Neck Island; thence northerly along west shore of Eastern Neck to Huntingfield Point; thence to Swan Point; thence northerly along shore to point on south side of Fairlee Creek marking its entrance; thence along shore to Worton Point; thence along shore to Plum Point; thence along shore to include the area known as Still Pond to Meeks Point; thence along shore to Howell Point; thence along the shore to a point defined by Lat. 39°22'16.68" N, Long. 76°6'22.04" W; thence 73° True to a point defined by Lat. 39°23'12.32" N, Long. 76°2'12.99" W; thence along shore to Grove Point; thence along the shore to a point near Pearce Creek defined by Lat. 39°26'20.04" N, Long. 75°58'46.50" W; thence 301° True to a point defined by Lat. 39°26'59.96" N, Long. 76°0'9.72" W; thence along shore to Turkey Point; thence northerly along the western shore of Elk Neck to Rocky Point; thence westerly across the Bay to Locust Point, the point of beginning.

F.—H. (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.05 Fish

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

Notice of Proposed Action

[22-009-P]

     The Secretary of Natural Resources proposes to amend Regulation .02 under COMAR 08.02.05 Fish.

Statement of Purpose

The purpose of this action is to adjust the commercial hook-and-line fishing line in the Susquehanna River. Currently, the line is at the mouth of Deer Creek. The action moves the line for this gear type to the tip of Rowland Island. The current line would remain for all other gear types.

The current commercial gear line in the Susquehanna River was put in place during the 1990s as part of the department’s striped bass regulations. Over time, the area between Deer Creek and the Conowingo Dam was opened for recreational angling. However, hook and lining commercially was not allowed. Since the restrictions were lifted for recreational anglers, the commercial striped bass fishery has moved to an individual transferable quota system (ITQ). This means that the licensee will harvest a set amount of fish in any locations open for commercial harvest. Because of this and other changes in the fishery over time, the department does not have any concerns about commercial hook-and-line use in this 3.5 mile stretch of the river. The change would remove the only area of tidal water where any commercial activity is currently prohibited. It will also make the rules for hook-and-line use the same between recreational and commercial users. Commercial licensees using hook-and-line gear will also be able to harvest other species such as invasive flathead catfish and snakeheads.

Additionally, the action updates references within the regulation and to other regulations that are no longer accurate.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. This action will allow commercial licensees who use hook-and-line gear additional area to commercially harvest fish. The impact is indeterminable, but positive.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

Commercial Hook-and-Line Harvesters

(+)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

D. A small number of commercial harvesters will likely take advantage of the newly-opened area to commercially harvest fish with hook-and-line gear. However, due to the hydrology of the river, it is likely to remain a small number. That area requires specialized boats in order to safely navigate, so those individuals who already have that equipment may benefit, but the benefit will likely not be so great to incentivize other individuals to acquire that gear.

Economic Impact on Small Businesses

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

Commercial finfish harvesters who use hook-and-line gear will have an additional 3.5 miles of the Susquehanna River from which to harvest fish. It is indeterminable how much of a financial impact this will have, but some harvesters will have more or easier access to fish, which will in turn positively impact their business.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Susquehanna Gear Line Regulations, Regulatory Staff, Maryland Department of Natural Resources, Fishing and Boating Services, 580 Taylor Ave., E-4, Annapolis, MD 21401, or call 410-260-8300, or fill out the form at https://dnr.state.md.us/fisheries/Pages/regulations/changes.aspx#susq. Comments will be accepted through February 2, 2022. A public hearing has not been scheduled.

.02 General Fishing Prohibitions.

A.—F. (text unchanged)

G. [A] In the waters of the Susquehanna River, a commercial tidal fish licensee may not:

(1) Harvest or attempt to harvest fish upstream of a line beginning at a point at or near the Harford County shore defined by Lat. 39°39.262' N, Long. 76°10.338' W; then running 30° True to a point at or near the Cecil County shore defined by Lat. 39°39.7467' N, Long. 76°10.060' W; and

(2) [set] Set or use any other type of fishing gear [or] other than hook-and-line gear to harvest or attempt to harvest fish [in the waters of the Susquehanna River] upstream of a line drawn direct from the northernmost point from the mouth of Deer Creek in Harford County, in a northeasterly direction to the intersection of U.S. Route 222 and Canal Road in Cecil County.

H. (text unchanged)

I. Except as provided in [§L]§J of this regulation, a commercial tidal fish licensee may not catch or possess fish of the species listed in Natural Resources Article, §4-215, Annotated Code of Maryland, except crabs or shellfish, for commercial purposes and have more than:

(1)—(2) (text unchanged)

J. Hook and Line Fishing Exceptions.

(1) Children 12 years old or younger may be on board a vessel engaged in commercial hook and line fishing in addition to any crew members and licensees as described in [§K] §I of this regulation.

(2) Tidal fish licensees registered in and engaged in the Chesapeake Bay individual transferrable quota striped bass fishery are not subject to the crew member limit or boat limit on individuals as described in [§K] §I of this regulation.

K. From February 1 through March 31, inclusive, a person may not set a fyke net in any of the areas described in COMAR [08.02.21.03K] 08.02.25.09.

L.—M. (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.08 Shellfish—General

Authority: Natural Resources Article, §4-904, Annotated Code of Maryland

Notice of Proposed Action

[22-012-P]

     The Secretary of Natural Resources proposes to adopt new Regulation .08 under COMAR 08.02.08 Shellfish—General.

Statement of Purpose

The purpose of this action is to adopt a regulation to create a shrimp fishery in the State waters of Maryland, as well as the framework to develop a pilot program for the commercial shrimp fishery to test new and developing fishing methods in the fishery.

Senate Bill 343, enrolled as Chapter 119 in the 2021 Laws of Maryland, allowed the Department to adopt regulations pertaining to the shrimp fishery and to develop a pilot program for the commercial shrimp fishery. This action would allow commercial harvesters the ability to use gear which they are currently licensed to use to commercially harvest shrimp. Commercially-licensed harvesters would be able to obtain a free shrimp permit that would allow the use of the gear currently allowed under their license to commercially harvest shrimp. As an example, an individual with an Unlimited Finfish Harvester License (FIN) or Unlimited Tidal Fish License (UTFL) would be able to use gear such as cast nets, gill nets, and pound nets to catch and sell shrimp. Rules currently in place for those gears such as mesh size, attendance requirements, registration, etc. would still have to be followed. While the enacted legislation allows for it, the Department would not be adopting closed areas, catch limits, seasons, or size limits for the commercial harvest of shrimp at this time. This means that there would be no closed areas, daily or seasonal catch limits, closed seasons, or minimum sizes. All commercial harvest would have to be reported to the Department.

The Department would continue to work with the commercial fishing industry to develop the parameters of a shrimp pilot program in State waters. The enacted legislation requires the Department to adopt regulations in order to institute a pilot program, but does not require the parameters of the pilot program to be incorporated to the regulation – just that the regulation authorize the creation of a pilot program. The pilot program will be developed similarly to other pilot programs the Department has instituted under Code of Maryland Regulations (COMAR) 08.02.01.10.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. This action will allow for the commercial harvest of shrimp in the state waters of Maryland and allow the Department to create a pilot program to test new gears and harvest methods in the commercial shrimp fishery. The impact is indeterminable because of a number of variables but it will be a positive impact to commercial licensees.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

Commercial Harvesters

(+)

Indeterminable

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

 

NONE

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

D. Shrimp numbers have been increasing in Maryland waters over the last decade. As such, commercial harvesters have increasingly encountered them in their harvesting activities. Due to the licensing and regulatory structure of shellfish harvest in Maryland, commercial harvesters have not been able to legally catch and sell shrimp. With the creation of a permit available to anyone who has a current commercial license, harvesters who encounter shrimp will now be able to sell their shrimp catch and benefit economically from that activity. The magnitude of that benefit is indeterminable because it is not known how many commercial licensees will harvest shrimp, how much shrimp will be available to harvest, or what the market price will be.

Economic Impact on Small Businesses

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

Shrimp numbers have been increasing in Maryland waters over the last decade. As such, commercial harvesters have increasingly encountered them in their harvesting activities. Due to the licensing and regulatory structure of shellfish harvest in Maryland, commercial harvesters have not been able to legally catch and sell shrimp. With the creation of a permit available to anyone who has a current commercial license, harvesters who encounter shrimp will now be able to sell their shrimp catch and benefit economically from that activity. The magnitude of that benefit is indeterminable because it is not known how many commercial licensees will harvest shrimp, how much shrimp will be available to harvest, or what the market price will be.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Shrimp Regulations, Regulatory Staff, Maryland Department of Natural Resources, Fishing and Boating Services, 580 Taylor Ave., E-4, Annapolis, MD 21401, or call 410-260-8300, or complete the form at https://dnr.state.md.us/fisheries/Pages/regulations/changes.aspx#shrimp. Comments will be accepted through February 2, 2022. A public hearing has not been scheduled.

.08  Shrimp.

A. Recreational Fishery.

(1) An individual may use any gear authorized in COMAR 08.02.25.03 to catch shrimp for recreational purposes.

(2) There is no closed season, size limit, or catch or possession limit for the recreational fishery.

(3) An individual catching or attempting to catch shrimp for recreational purposes must be licensed or registered in accordance with COMAR 08.02.01.07.

B. Commercial Fishery.

(1) A person shall be licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, and permitted in accordance with this regulation in order to catch, possess, or land shrimp for commercial purposes.

(2) Maryland Shrimp Permit.

(a) An individual is eligible to declare for a permit to catch and land shrimp in Maryland if they are properly licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland.

(b) A shrimp permit:

(i) Is valid for the commercial license year; and

(ii) May not be transferred.

(3) A person licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, and permitted in accordance with this regulation, may use any of the gear listed under COMAR 08.02.25.01 to catch shrimp, as long as that gear would otherwise be allowed to harvest fish under their license and the gear is used in accordance with the rules established under COMAR 08.02 and Natural Resources Article, Title 4, Annotated Code of Maryland.

(4) Pilot Program.

(a) The Department may conduct a pilot project to demonstrate and evaluate new approaches to managing the shrimp fishery.

(b) Notwithstanding Natural Resources Article, Title 4, Annotated Code of Maryland and COMAR 08.02, pilot projects may be conducted to implement and assess conservation and management measures.

(c) The Department may select and designate certain persons licensed under Natural Resources Article, §4-701, Annotated Code of Maryland, to participate in a pilot project. A participating licensee shall:

(i) Apply for a pilot program permit on forms provided by the Department;

(ii) Have a pilot program permit in order to participate in a pilot program;

(iii) Comply with any conditions of the permit; and

(iv) Be eliminated from the pilot project at the discretion of the Department.

(d) The Department shall:

(i) Develop pilot projects in cooperation with the commercial fishing industry; and

(ii) Provide adequate notice of a pilot program through various media so that an interested individual has reasonable opportunity to be informed.

C. Reporting and Penalties.

(1) An individual shall record the harvest of shrimp in accordance with Natural Resources Article, §4-206, Annotated Code of Maryland.

(2) In addition to any other penalty, failure to comply with this regulation may result in the suspension of the current permit or the denial of a subsequent permit.

(3) Prior to suspending a permit or denying an application for a permit under this regulation, the Department shall give the licensee notice of its intended action and an opportunity to appear at a hearing conducted in accordance with the contested case procedures set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

D. General.

(1) The Secretary may establish or modify catch limits, size limits, or seasons for shrimp or open or close areas for shrimp harvest in order to implement the South Atlantic Fishery Management Council Shrimp Fishery Management Plan for the South Atlantic Region, by issuing a public notice on the Department’s website.

(2) The public notice shall state its effective hour and date and shall be published on the Department’s website at least 48 hours in advance of the effective hour and date.

(3) The Secretary shall make a reasonable effort to disseminate the public notice through various other media so that an affected person has reasonable opportunity to be informed.

(4) A violation of the restrictions set by the Secretary in accordance with this section is a violation of this regulation.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 04 POLICE TRAINING AND STANDARDS COMMISSION

12.04.02 Firearms Training

Authority: Public Safety Article, §§3-208 and 209, Annotated Code of Maryland

Notice of Proposed Action

[22-010-P]

The Police Training and Standards Commission proposes to amend Regulations .02—.04, and .07—.10 under COMAR 12.04 .02 Firearms Training. This action was considered by the Police Training and Standards Commission at a public meeting on October 29, 2021.

Statement of Purpose

The purpose of this action is to amend regulations within COMAR 12.04.02 Firearms Training to require additional training for a police officer attempting to qualify with and be authorized to use a firearm equipped with a new technology identified by manufacturers as a “Red Dot” sighting system. Instruction, training hours, and rounds of fire completed with a firearm equipped with a red dot sighting system will be included in the established training hours and rounds of fire needed for a police officer’s authorization to use a firearm equipped with a standard and traditional iron sight system.

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 Albert L. Liebno, Jr., Executive Director, Maryland Police Training and Standards Commission, 6852 4th Street Sykesville, MD 21784, or call 410-875-3600, or email to albert.liebno@maryland.gov, or fax to 410-875-3584. Comments will be accepted through February 2, 2022. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(5) (text unchanged)

(6) "Commission" means the Police Training and Standards Commission[, or a designee].

(7)—(15) (text unchanged)

(16) Iron Sight.

(a) “Iron sight” means a system of shaped alignment markers, typically metal or plastic that are used as a sighting device to assist an individual in aiming a firearm.

(b) “Iron sight” does not mean an optical, computing, red dot, or reflex style sighting device.

[(16)] (17)[(19)] (20) (text unchanged)

[(20)] (21) Optical Sighting Device.

(a) "Optical sighting device" means [a] an optic mechanism that assists an individual in sighting a firearm by enhancing or magnifying the image of the target and superimposing a reticle, or an aligned aiming point, over the image.

(b) "Optical sighting device" does not include an iron sight or a red dot sight.

[(21)] (22)[(26)] (27) (text unchanged)

(28) Red Dot Sight.

(a) “Red dot sight” means a generic term to describe a visual, computing, or reflex sighting device that reflects a reticle, or an aligned aiming point that can be any shape or color, onto a combining glass for superimposition on a target.

(b) “Red dot sight” does not include an optical sighting device or an iron sight.

[(28)] (29)[(35)] (37) (text unchanged)

.03 General Requirements — Authorized Firearms Classroom Instruction, Training, and Qualification, and Firing Line Supervision.

A. Handgun and Firearms Classroom Instruction, Training, and Qualification Requirements — General.

(1) A police officer may not use or carry a firearm unless:

(a) The firearm [is] and any attached devices or equipment are approved by the police officer's law enforcement agency;

(b)—(c) (text unchanged)

(2) (text unchanged)

(3) All handguns must be equipped with usable iron sights whether used as the primary sighting device or as a back-up, secondary sighting device.

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

B.—C. (text unchanged)

.04 Entrance-Level Firearms Classroom Instruction, Training, and Qualification — Primary Handgun.

A. (text unchanged)

B. [Minimum] Except as required in §C of this regulation, the minimum entrance-level classroom instruction, training, and qualification for a primary handgun includes:

(1)—(2) (text unchanged)

(3) The following activities conducted over a minimum of [3 separate] three calendar days:

(a) Firearms training exercises; and

(b) A course of fire for qualification for scoring that includes:

(i) Three [successive] consecutive day-fire courses of fire; and

(ii) One reduced light course of fire;

(4) (text unchanged)

(5) Discharging a minimum of 1,000 rounds of ammunition for firearms training and qualification collectively; and if the primary sighting device is a red dot sight then a minimum of 20 percent of the rounds must be fired using the firearm’s iron sight ; and

(6) (text unchanged)

C. The following requirements shall be imposed if the handgun is equipped with a red dot sight:

(a) At least one of the three consecutive day-fire courses must be fired with the iron sight; and

(b) One reduced light course will be fired with each of the handgun’s sighting devices.

.07 Course of Fire Requirements for Long Gun Qualification.

A. A Type 1 and Type 2 long gun qualification may only be conducted using agency approved ammunition.

B. A Type 3 and Type 4 long gun qualification may be conducted using agency approved ammunition or the ballistic equivalent as defined and authorized by the individual’s agency.

[A.] C. The following table establishes the minimum requirements for entrance-level, annual, and conversion courses of fire for type 1 through type 4 long gun qualification:

 

Requirement

Type 1

Long Gun

Type 2

Long Gun

Type 3

Long Gun

Type 4

Long Gun

 (1)—(3)

(text unchanged)

 

 

 

 

 (4) Required percentages of rounds to be fired and required firing distances

 A minimum of 10  percent but not more than 30 percent of the  course of fire rounds shall be discharged at each [of the following distances] distance within the following parameters:

 (a) 25 yards;

 (b) Two distances greater than 25 yards and less than 200 yards; and

 (c) At least one distance 200 yards or greater

 A minimum of 10 percent but not more than 30 percent of the course of fire rounds shall be discharged at each [of the following distances] distance within the following parameters:

(a) 15 yards;

 (b) Two distances greater than 15 yards and less than 100 yards; and

 (c) At least one distance 100 yards or greater

 A minimum of 10 percent but not more than 30 percent of the course of fire rounds shall be discharged at each [of the following distances] distance within the following parameters:

 (a) 15 yards;

 (b) Two distances greater than 15 yards and less than 50 yards; and

(c) At least one distance

50 yards or greater

 A minimum of 20 percent but not more than 40 percent of the course of fire rounds shall be discharged at each [of the following distances] distance within the following parameters:

(a) 5 yards to less than 15 yards;

(b) 15 yards to less than 25 yards; and

(c) At least one distance 25 yards or greater

 (5) Maximum time permitted per round at specified distances

 5 seconds per round  when firing at 25 yards or less; The number of seconds per round when firing at distances between 25 yards and 200 yards shall be proportional to the distances and times allowed; 10 seconds per round when firing at 200 yards, or farther

 4 seconds per round when firing at 15 yards or less; The number of seconds per round when firing at distances between 15 yards and 100 yards shall be proportional to the distances and times allowed; 8 seconds per round when firing at 100 yards, or farther

 4 seconds per round when firing at 15 yards or less; The number of seconds per round when firing at distances between 15 yards and 50 yards shall be proportional to the distances and times allowed; 8 seconds per round when firing at 50 yards, or farther

 3 seconds per round when firing at 5 yards to less than 15 yards; 4 seconds per round when firing at 15 yards to less than 25 yards; and 5 seconds per round when firing at 25 yards, or farther

 (6) Maximum time permitted to  move from one specified firing  position to the next

[These times do not include the time allotted for changing positions or moving from one firing line distance to another.] 5 seconds

 

 (7) Reloading times

 Reloading Time: When qualifying on [Type 1, 2, or 3] any type of long gun; an additional 5 seconds may be added to the maximum seconds:

 (a) For each round of ammunition reloaded on a long gun with an integral

 magazine; and

 (b) For reloading a long gun with a detachable box magazine.

 [(6)] (8)[(7)] (9) (text unchanged)

 

 

 

 

.08 Annual Firearms Classroom Instruction, Training, and Qualification Requirements.

A. (text unchanged)

B. Annual Handgun Requirements — Training and Qualification.

(1) (text unchanged)

(2) Course of Fire for Qualification—Primary and Secondary Handgun.

(a) For each handgun a police officer is authorized to use or carry, with one finger on the trigger the police officer shall discharge a minimum of 30 rounds of ammunition using ammunition authorized by the police officer's agency, or the ballistic equivalent, on each of the following:

(i) One day-fire course of fire; [and]

(ii) One reduced light course of fire [.]; and

(iii) If the handgun is equipped with a red dot sight, a one-day course of fire and a one-day reduced light course shall be fired with both the iron sights as well as the red dot sight.

(b)—(c) (text unchanged)

C.—E. (text unchanged)

.09 Firearms Conversion — Classroom Instruction, Training, and Qualification.

A. A police officer who has successfully completed entrance-level firearms classroom instruction, training, and qualification for a specific type of firearm, who [and] is also required or requesting to use or carry a firearm with a red dot sight or of a different type for which the police officer has qualified, shall successfully complete:

(1)—(2) (text unchanged)

B. A police officer shall successfully complete firearms conversion requirements under this regulation before being authorized to use or carry a different type of firearm if the police officer is currently authorized to use or carry a:

(1) (text unchanged)

(2) Primary handgun type and is required or requesting to add a red dot sight;

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

C. (text unchanged)

D. Primary Handgun Conversion—Classroom Instruction, Training, and Qualification.

(1) If a police officer is required to complete conversion classroom instruction, training, and qualification according to §B or C(2) of this regulation, the police officer shall successfully complete:

(a) For a different type primary handgun, the classroom instruction topics marked with an "X" for Handgun Conversion Training—Different Type Handgun in the table under Regulation .10B of this chapter; [or]

(b) For a handgun within the same type, the classroom instruction topics marked with an "X" for Handgun Conversion Training—Within a Handgun Type in the table under Regulation .10B of this chapter[.]; or

(c) For adding a red dot sight, the classroom instruction topics marked with an “X” for Handgun Conversion Training—Red Dot Sight.

(2) (text unchanged)

(3) The following table specifies the minimum requirements for classroom instruction, training, and qualification for primary handgun conversion:

 

Type of Requirement

Conversion for Red Dot Sight

Conversion for Different Handgun Type

Conversion within Handgun Type

(1) Total minimum hours of classroom instruction, training, and qualification

14 hours

14 hours

7 hours

(2) Training drill topics

(a) Reinforcement of the fundamentals of shooting;

(b) Reloading techniques; [and]

(c) Clearing malfunctions;

(d) Finding the dot;

(e) Sight occlusion;

(f) Close up techniques; and

(g) Target focusing.

(a)      

(3) Minimum number of training rounds to be discharged at a target

400 rounds

400 rounds

200 rounds

(4) Minimum passing score for each required qualification course of fire

70 percent for each of one day-fire and one reduced light course of fire

 

E.—G. (text unchanged)

.10 Classroom Instruction Requirements.

A. (text unchanged)

B. An "X" in the following table indicates that the corresponding classroom instruction topic is required for the specified type of training:

 

Classroom Instruction Topics

Entrance-Level Handgun Training

Entrance-Level Long Gun Training

Annual Firearms Training

Handgun Conversion Training — Different Type Handgun

Handgun Conversion Training

Red Dot Sight

Handgun Conversion Training — Within a Handgun Type

Firearms Conversion Training — Long Gun

(1) Legal aspects in the use of firearms

X

X

X

 

 

 

 

(2) Nomenclature relevant to the firearm and any added equipment for which the training is being given

X

X

X

X

X

X

X

(3) Care and cleaning of the firearm and any added equipment for which the training is being given

X

X

X

X

X

X

X

(4) Safe handling and safe storage of firearms

X

X

X

 

 

 

 

(5) Fundamentals of marksmanship and shooting related to the firearm and optic, where applicable

X

X

X

 

X

 

 

(6) Explanations and reasons for a qualification course of fire

X

 

X

 

 

 

 

(7) Ballistic properties, if applicable

X

X

X

X

 

X

X


(8) Potential situations for which the long gun is intended

 

X

 

 

 

 

 

(9) Unusual characteristics

 

X

 

 

X

 

 

(10) Optical sighting devices or red dot sight, where applicable

X

X

 

 

X

 

X

(11) Reduced light firing techniques

X

 

X

 

X

 

 

(12) Mechanical Operation of the firearm and optic or red dot, where applicable

X

X

 

X

X

X

X

(13) Malfunction causes and clearing

X

X

X

X

X

X

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 C. —D. (text unchanged)

TROY D. BERRY
Chair
Maryland Police Standards and Training Commission


Title 13A
STATE BOARD OF EDUCATION

Subtitle 07 PERSONNEL

13A.07.06 Programs for Professionally Licensed Personnel

Authority: Education Article, §§2-205, 6-120, 6-121, 6-704, and 11-208, Annotated Code of Maryland

Notice of Proposed Action

[22-001-P-I]

The Maryland State Board of Education and the Professional Standards and Teacher Education Board proposes to repeal existing Regulation .01 under COMAR 13A.07.06 Programs for Professionally Certified Personnel and adopt new Regulations .01—.15 under a new chapter, COMAR 13A.07.06 Programs for Professionally Licensed Personnel. This action was considered by the Professional Standards and Teacher Education Board on July 1, 2021, and by the State Board of Education on July 27, 2021.

Statement of Purpose

The purpose of this action is to increase accountability of educator preparation programs in accordance with The Blueprint for Maryland's Future.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. Education Article, §11-208, Annotated Code of Maryland, defines the Department’s role in paying for fees and partial expenses association with national accreditation. The fee for National Accreditation by the Council for the Accreditation of Educator Preparation (the most prevalent organization) can be as much as $6,560 per institution, annually. The expenses associated with monitoring visits, which occur every 5—7 years, include $2,250 (fee) per site visitor for a total of five visitors, $850 per visitor for travel costs, and on-site expenses to include meals, supplies, and technology. The estimated cost per visit is $20,000. There are currently 23 institutions of higher education that offer educator preparation programs in Maryland and may choose to become nationally accredited.

These regulations pertain to the requirements for the approval and operation of educator preparation programs leading to educator licensure in Maryland. While the MSDE believes that these requirements can be met with minimal impact to the institutions of higher education, public comment from those institutions has indicated that offering a residency of 180 days will fiscally impact their operations as it relates to opening of dorms and providing the necessary supports to the educators participating in the internship.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

Unknown

B. On other State agencies:

(E+)

Unknown

C. On local governments:

NONE

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

Unknown

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

A. If all 23 institutions of higher education choose to become nationally accredited, the MSDE is obligated to pay the fees for accreditation and half the expenses associated with accreditation. The estimated cost per Institution is $6,560 per year, and $10,000 every 5—7 years, depending on when the accreditation must be renewed.

B. Institutions of higher education are responsible for paying 1/2 of the expenses incurred in connection with the accreditation visit of a review team of a national accrediting agency.

F. Greater standards and accountability for Maryland’s educator preparation programs to train a diverse and qualified workforce through a longer residency and defined competencies, which is aligned to The Blueprint for Maryland’s Future.

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 Kelly Meadows, Assistant State Superintendent, Division of Educator Certification and Program Approval, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0385 (TTY 410-333-6442), or email to kelly.meadows@maryland.gov, or fax to 410-333-8963. Comments will be accepted through February 2, 2022. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on March 22, 2022, at 9 a.m., at 200 West Baltimore Street, 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) Professional Standards for Educational Leaders (PSEL), National Policy Board for Educational Administration (NPBEA), 2015;

           (2) Program Recognition Standards: District Level, National Educational Leadership Preparation (NELP), 2018;

           (3) ISTE Standards for Educational Leaders, International Society for Technology in Education (ISTE), 2018;

           (4) Standards for Initial Early Childhood Professional Preparation, National Association for the Education of Young Children (NAEYC), 2010;

           (5) CAEP 2018 K-6 Elementary Teacher Preparation Standards, Council for the Accreditation of Educator Preparation (CAEP), 2018;

           (6) NCTE/NCATE Standards for Initial Preparation of Teachers of Secondary English Language Arts, Grades 7-12, National Council of Teachers of English (NCTE) /National Council for the Accreditation of Teacher Education (NCATE), 2012;

           (7) Common Core State Standards for English Language Arts & Literacy in History/Social Studies, Science, and Technical Subjects, Common Core State Standards Initiative, 2010;

           (8) Standards for Mathematical Practice, Common Core State Standards Initiative, 2010;

           (9) Standards for Mathematics Teacher Preparation, National Council of Teachers of Math (NCTM), 2020;

           (10) Middle Level Teacher Preparation Standards with Rubrics and Supporting Explanations, Association for Middle Level Education (AMLE), 2012;

           (11) Standards for Science Teacher Preparation, National Science Teachers Association (NSTA), 2020;

           (12) Disciplinary Core Ideas (DCI) Arrangements of the Next Generation Science Standards, Next Generation Science Standards (NGSS), 2017;

           (13) Initial Practice-Based Professional Preparation Standards for Special Educators, Council for Exceptional Children (CEC), 2020;

           (14) Initial Practice-Based Standards for Early Interventionists/Early Childhood Special Educators, Council for Exceptional Children (CEC), 2020;

           (15) Standards for School-Based Agricultural Education Teacher Preparation Programs, American Association for Agricultural Education (AAAE), 2017;

           (16) BUSINESS TEACHER EDUCATION CURRICULUM GUIDE AND PROGRAM STANDARDS, National Business Education Association (NBEA), 2013;

           (17) Standards for Computer Science Teachers, Computer Science Teachers Association (CSTA), 2020;

           (18) National Standards for Teachers of Family And Consumer Sciences, National Association of State Administrators of Family and Consumer Sciences (NASAFACS), 2019;

           (19) National Core Arts Standards: Theatre, National Coalition for Core Arts Standards, 2014;

           (20) National Standards for the Preparation of Social Studies Teachers, National Council for Social Studies (NCSS), 2017;

           (21) Competencies Summary, National Association of Schools of Theatre (NAST), 2020-2021;

           (22) NAGC — CEC Teacher Preparation Standards in Gifted and Talented Education, National Association for Gifted Children (NAGC) — Gifted and Talented Specialist: Council for Exceptional Children (CEC); The Association for the Gifted (TAG), 2018;

           (23) Introduction to the 2016 CACREP Standards, Council for Accreditation of Counseling & Related Educational Programs (CACREP), 2016;

           (24) American School Counselor Association (ASCA) Standards for School Counselor Preparation Programs, 2019;

           (25) Standards Framework for Learners, American Association of School Librarians (AASL), 2018;

           (26) Standards for Accreditation of Master’s Programs in Library and Information Studies, Adopted by the Council of the American Library Association (ALA), 2015;

           (27) STANDARDS FOR THE PREPARATION OF LITERACY PROFESSIONALS, International Literacy Association (ILA), 2017;

           (28) Standards for Graduate Preparation of School Psychologists, National Association of School Psychologists (NASP), 2010;

           (29) Standards for School Social Work Services, National Association of Social Workers (NASW), 2012;

           (30) ACTFL/CAEP Program Standards for the Preparation of Foreign Language Teachers, American Council on the Teaching of Foreign Languages (ACTFL)/ Council for the Accreditation of Educator Preparation (CAEP), 2013;

           (31) Standards for Learning American Sign Language: A Project of the American Sign Language Teachers Association, American Sign Language Teachers Association (ASLTA), 2018;

           (32) Standards for Art Teacher Preparation, National Art Education Association (NAEA), 2009;

           (33) National Association of Schools of Music, Handbook 2020, 2021;

           (34) National Core Arts Standards: Dance, National Coalition for Core Arts Standards, 2014;

           (35) National Core Arts Standards: Music, National Coalition for Core Arts Standards, 2014;

           (36) National Core Arts Standards: Visual Arts, National Coalition for Core Arts Standards, 2014;

           (37) SOPHE 2019 Health Education Teacher Preparation Standards, Society for Public Health Education (SOPHE), 2019;

           (38) National Standards for Initial Physical Education Teacher Education, Society of Health and Physical Educators (SHAPE), 2017;

           (39) Standards for Initial TESOL Pre-K–12 Teacher Preparation Programs, Teaching English to Speakers of Other Languages (TESOL), 2018;

           (40) WIDA’s English Language Development Standards, Kindergarten-Grade 12, WIDA, 2020;

           (41) Standards for Educators, International Society for Technology in Education (ISTE), 2017;

           (42) Model Core Teaching Standards and Learning Progressions for Teachers 1.0, Interstate Teacher Assessment and Support Consortium (InTASC), 2013;

           (43) Model Code of Ethics for Educators (MCEE), National Association of State Directors of Teacher Education and Certification, 2015; and

           (44) Social Justice Standards: The Teaching Tolerance Anti-Bias Framework (2016).

     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 is published 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. 

.01 Purpose.

This chapter sets the standards that MSDE uses to issue an approval document to an entity that is responsible for governing and operating an educator preparation program, either traditional or alternative, for the training of educators in the knowledge and skills required to understand and teach the Maryland Curriculum Frameworks as licensed educators in the State.

.02 Definitions.

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

B. Terms Defined.

(1) “Accreditation”, also referred to as "national accreditation", means a teacher education program has met standards set by a national accrediting agency recognized by the Department and the Commission.

(2) “Action research” means a deliberate, solution-oriented investigation to enhance student achievement that is conducted by the teacher candidate, under the guidance of a mentor teacher and clinical faculty.

(3) “Alternative teacher preparation program” means a program established by a county board and approved by the State Superintendent that leads to a participant receiving a resident teacher certificate issued by the Department and includes teaching assignments with supervision and mentoring by a qualified teacher.

(4) “Approval” means a program has met all requirements set by the Department.

(5) “Approval with conditions” means a program has met some, but not all, requirements set by the Department and may operate under certain conditions.

(6) “Candidate” means an individual enrolled in an educator preparation program who is preparing for or serving in a position as an educator in schools that educate students in preschool through grade twelve.

(7) “Clinical experience” means guided, hands-on, practical applications and demonstrations of a candidate’s professional knowledge and the application of theory through collaborative and facilitated learning, including in the practicum and in field-based assignments, tasks, activities, and assessments across a variety of settings.

(8) “Clinical supervisor” means a supervisor of a candidate who is employed by the education preparation provider, trained or experienced in the field in which the individual is supervising, and is trained to work with and provide feedback to candidates.

(9) “Commission” means the Maryland Higher Education Commission.

(10) “Department” means the Maryland State Department of Education.

(11) “Educator preparation program (program)” means a Maryland approved program, either traditional or alternative that offers a sequence of courses and experiences required for the preparation of candidates to become licensed educators in a specific area.

(12) “Educator preparation provider (provider)” means an  accredited college, university, or other post-secondary institution, public or private educational association, local school system, corporation or institution approved to operate traditional or alternative educator preparation programs in the State of Maryland.

(13) “Entrance” means matriculation into a program.

(14) “Exit” means completion of a program.

(15) “Focused revisit” means the subsequent review by the Department of a program that holds the status of approved with conditions or probation.

(16) "Institution of higher education" means an institution of postsecondary education that generally limits enrollment to graduates of secondary schools, and awards degrees at either the associate, baccalaureate, or graduate level.

(17) "Interstate Certification Compact (ICC)" means a legal agreement with other states to facilitate the certification of out-of-State teachers and other professional educational personnel as authorized by Education Article, Title 6, Subtitle 6, Annotated Code of Maryland, or as otherwise provided by law.

(18) “Local school system (LSS)” means a Maryland public school system, a State-operated school, or a nonpublic school.

(19) “Maryland Teacher-Principal Evaluation” means an evaluation framework for the performance of teachers administered annually by the local school system, a State-operated school, or a nonpublic school, and recommended by the State.

(20) “Mentor teacher” means a highly competent teacher, trained and selected by the partner school, who will work to instill in the participant the skills, attitudes, values, and knowledge necessary for the next generation of teachers.

(21) “Partner school” means a local school system, nonpublic school, or nonpublic special education school that has a written partnership agreement with an institution of higher education or alternative teacher preparation program to provide a teacher training practicum for participants enrolled in a teacher preparation program at the institution of higher education or alternative teacher preparation program.

(22) “Practicum” means the clinical experiences in which candidates have an increased teaching responsibility under the guidance of a mentor teacher.

(23) “Probation” means a program has seriously failed to meet program requirements or has demonstrated a pattern of noncompliance.

(24)“Professional development” means a variety of specialized training, formal education, or advanced professional learning intended to help administrators, teachers, and other educators improve their professional knowledge, competence, skill, and effectiveness.

(25)“Satisfactory progress” means a teacher candidate is on track to satisfy all requirements within the required timeframe established by the provider.

(26)“Self-study report” means the report resulting from the process that a provider and its programs conduct to evaluate themselves against national standards, in a format specified and accepted by the Department.

(27)“Traditional program” means an educator preparation program that: