Capitol Building Maryland Register

Issue Date:  January 14, 2022

Volume 49 •  Issue 2  • Pages 67 — 126

IN THIS ISSUE

Governor

Regulatory Review and Evaluation

Regulations

Errata

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before Decemmber 27, 2021 5 p.m.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 27, 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 .......................................................................  70

 

COMAR Research Aids

Table of Pending Proposals .............................................................  71

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

04        Department of General Services........................................... 77

08        Department of Natural Resources .......................................  80

09        Maryland Department of Labor ...........................................  81

10        Maryland Department of Health ..........................................  85

11        Department of Transportation ..............................................  89

12        Department of Public Safety and Correctional Services .......  90

13A     State Board of Education .....................................................  92

13B     Maryland Higher Education Commission ...........................  77

15        Maryland Department of Agriculture ..........................  76, 115

18        Department of Assessments and Taxation ..........................  78

22        State Retirement and Pension System .................................  78

28        Office of Administrative Hearings ......................................  79

33        State Board of Elections ....................................................  118

35        Maryland Department of Veterans Affairs ..........................  79

 

PERSONS WITH DISABILITIES

Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.

 

The Governor

EXECUTIVE ORDER 01.01.2021.12

State Coordination of State Small Business Credit Initiative
   (Amends Executive Order 01.01.2011.01)  74

 

Regulatory Review and Evaluation

COMPTROLLER OF THE TREASURY

Notice of Availability of Evaluation Report  75

 

Emergency Action on Regulations

15  DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

Certified Local Farm Enterprise Program ..  76

 

Final Action on Regulations

04  DEPARTMENT OF GENERAL SERVICES

OFFICE OF THE SECRETARY

Assistive Listening Device in Assembly Areas .  77

13B MARYLAND HIGHER EDUCATION COMMISSION

NONPUBLIC SCHOOLS

Minimum Requirements for Private Career Schools .  77

18  DEPARTMENT OF ASSESSMENTS AND TAXATION

REAL PROPERTY ASSESSMENTS

Agricultural Use Assessments .  78

Country Clubs .  78

AGRICULTURAL LAND TRANSFER TAX

Administration .  78

GROUND RENTS

Redemption .  78

22  STATE RETIREMENT AND PENSION SYSTEM

GENERAL REGULATIONS

Employment of a Retiree by a Participating Employer  78

28  OFFICE OF ADMINISTRATIVE HEARINGS

RULES OF PROCEDURE

Rules of Procedure .  79

35  MARYLAND DEPARTMENT OF VETERANS AFFAIRS

MARYLAND VETERANS SERVICE ANIMAL PROGRAM

General Regulations .  79

 

Proposed Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Gear  80

09  MARYLAND DEPARTMENT OF LABOR

COMMISSIONER OF FINANCIAL REGULATION

Foreclosure Procedures for Residential Property .....................  81

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Medical Assistance Eligibility .  85

Residential Treatment Center Services .  86

General Medical Assistance Provider Participation
   Criteria .  88

HUMAN IMMUNODEFICIENCY VIRUS (HIV)
   INFECTION AND ACQUIRED IMMUNODEFICIENCY
   SYNDROME (AIDS)

Urgent Maryland AIDS Drug Assistance Program ..................  89

11  DEPARTMENT OF TRANSPORTATION

STATE HIGHWAY ADMINISTRATION

Joint Trenching of Broadband ..................................................  89

12  DEPARTMENT OF PUBLIC SAFETY AND
   CORRECTIONAL SERVICES

POLICE TRAINING AND STANDARDS COMMISSION

Instructor Training and Certification ..................................  90

13A STATE BOARD OF EDUCATION

EDUCATOR LICENSURE

General Provisions .  92

Teachers .  92

Professional and Technical Education and Specialized
   Areas for Fine Arts ................................................................  92

Specialists .................................................................................  92

Administrators and Supervisors ...............................................  92

Disciplinary Actions and Denials ............................................  92

Professional Standards and Teacher Education Board ............  92

15  MARYLAND DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

Certified Local Farm Enterprise Program ................................  115

33  STATE BOARD OF ELECTIONS

DEFINITIONS; GENERAL PROVISIONS

Definitions .  118

ABSENTEE BALLOTS

Definitions; General Provisions .  118

EARLY VOTING

Early Voting Centers .  118

ABSENTEE BALLOTS

Applications .  120

Applications .  120

Issuance and Return .  120

 

Errata

COMAR 18.02.05 .  122

COMAR 36.10.11 .  122

 

Special Documents

MARYLAND DEPARTMENT OF TRANSPORTATION

OFFICE OF MINORITY BUSINESS ENTERPRISE

Announcement of Calendar Year 2022 Limitation on
   PNW ...  123

 

General Notices

MARYLAND CORRECTIONAL ENTERPRISES
   CUSTOMER COUNCIL

Public Meeting .  124

EMERGENCY MEDICAL SERVICES ADVISORY
   COUNCIL

Public Meeting .........................................................................  124

EMERGENCY MEDICAL SERVICES BOARD

Public Meeting .........................................................................  124

FIRE PREVENTION COMMISSION

Public Meeting .  124

HEALTH SERVICES COST REVIEW COMMISSION/
   STAKEHOLDER WORKGROUP #1 TO DISCUSS
   DRAFTED HOSPITAL PAYMENT PLAN POLICY
   GUIDELINES IN ACCORDANCE WITH HOUSE
   BILL 565 (CH. 770, 2021 MD. LAWS)

Public Meeting .  124

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .  124

MARYLAND HEALTH CARE COMMISSION

Formal Start of Review ..  124

Request for Letters of Intent  125

Public Meeting .  125

OFFICE OF PUBLIC DEFENDER

Public Meeting .  125

MARYLAND DEPARTMENT OF TRANSPORTATION/
   OFFICE OF MINORITY BUSINESS ENTERPRISE

Public Hearing .  125

BOARD OF WATERWORKS AND WASTE SYSTEMS
   OPERATORS

Public Meeting .  125

BOARD OF WELL DRILLERS

Public Meeting .  125

 

 

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 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)

 

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)

08.02.25.07 • 49:2 Md. R. 80 (1-14-22)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.03.12.01—.10,.13,.14 • 49:2 Md. R. 81 (1-14-22)

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)

10.09.24.02,.03 • 49:2 Md. R. 85 (1-14-22)

10.09.29.01,.04,.06,.07 • 49:2 Md. R. 86 (1-14-22)

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

10.09.36.03-2 • 49:2 Md. R. 88 (1-14-22)

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 10—22 (3rd volume)

 

10.18.10.01—.09 • 49:2 Md. R. 89 (1-14-22)

 

     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 01—10

 

11.04.18.01—.03 • 49:2 Md. R. 89 (1-14-22)

 

     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)

12.04.06.01,.12 • 49:2 Md. R. 90 (1-14-22)

 

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)

13A.12.01.01—.14 • 49:2 Md. R. 92 (1-14-22)

13A.12.02.01—.29 • 49:2 Md. R. 92 (1-14-22)

13A.12.03.01—.12 • 49:2 Md. R. 92 (1-14-22)

13A.12.04.01—.16 • 49:2 Md. R. 92 (1-14-22)

13A.12.05.01—.15 • 49:2 Md. R. 92 (1-14-22)

13A.12.06.01—.09 • 49:2 Md. R. 92 (1-14-22)

13A.12.07.01—.08 • 49:2 Md. R. 92 (1-14-22)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

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)

15.01.19.01—.10 • 49:2 Md. R. 115 (1-14-22)

 

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)

 

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)

 

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

 

33.01.01.01 • 49:2 Md. R. 118 (1-14-22)

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

33.11.01.04 • 49:2 Md. R. 118 (1-14-22)

33.11.02.03 • 49:2 Md. R. 118 (1-14-22)

33.11.02.05 • 49:2 Md. R. 118 (1-14-22)

33.11.03.06 • 49:2 Md. R. 118 (1-14-22)

33.17.02.02 • 49:2 Md. R. 118 (1-14-22)

 

The Governor

EXECUTIVE ORDER 01.01.2021.12

State Coordination of State Small Business Credit Initiative

(Amends Executive Order 01.01.2011.01)

 

WHEREAS, The American Rescue Plan Act of 2021 reauthorized and expanded the federal Small Business Jobs Act of 2010 (the “Jobs Act”) to help increase credit availability for small businesses in response to the economic effects of the COVID-19 pandemic;

 

WHEREAS, The Jobs Act created the State Small Business Credit Initiative (“SSBCI”) in the U.S. Department of the Treasury (the “Treasury”) to support states with programs that increase access to credit for small businesses, which have had difficulty retaining existing loans and getting new loans that are necessary to keep operating;

 

WHEREAS, Pursuant to the American Rescue Plan Act of 2021, the Treasury will allocate funds to all 50 states and territories to address the economic impacts to businesses caused by the COVID-19 pandemic;

 

WHEREAS, If its application is approved, the State of Maryland may be allocated $187,380,469 with the potential receive up to an additional $11,024,489;

 

WHEREAS, Before a state is approved for participation in the SSBCI, the state must place administrative responsibility for the program with a department, agency, or political subdivision;

 

WHEREAS, The State of Maryland must centrally apply and administer the funds received from SSBCI to maximize the economic development potential to residents;

 

WHEREAS, Pursuant to Executive Order 01.01.2011.01, the State’s Department of Business and Economic Development was designated as the administrative agency for the SSBCI; and

 

WHEREAS, The State’s Department of Housing and Community Development has vigorous business lending and assistance programs and is well-positioned to administer the SSBCI;

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

A. The State’s Department of [Business and Economic] Housing and Community Development is designated as the entity responsible for the administration of the State Small Business Credit Initiative (SSBCI) in the State.

B. The Secretary of the Department of [Business and Economic] Housing and Community Development is designated as the official responsible for signing the application and any agreements required to be signed by the State in connection with the application, approval and administration of the SSBCI, including any requests to modify the application and agreements after execution.

 

GIVEN Under my Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 29th Day of December, 2021.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[22-02-19]

 

Regulatory Review and Evaluation

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

Title 03
COMPTROLLER OF THE TREASURY

Notice of Availability of Evaluation Report

     Pursuant to State Government Article, §10-135(b)(1), Annotated Code of Maryland, Regulatory Review and Evaluation Act, and Executive Order 01.01.2003.20, notice is hereby given that the Evaluation Report regarding COMAR 03.01, 03.02, 03.03, 03.04, 03.05, 03.06, 03.07, 03.08, 03.09 and 03.10 is available for public inspection and comment for a period of 60 days following the date of this notice.

     This report may be reviewed by appointment at the Comptroller of the Treasury, 80 Calvert Street, Annapolis, MD 21401.  Information and appointments may be obtained by contacting Krista Sermon, Regulations Coordinator, at 410-260-7319 or by email at ksermon@marylandtaxes.gov.

[22-02-15]

 

 

Emergency Action on Regulations

Symbol Key

   Roman type indicates text existing before emergency status was granted.

   Italic type indicates new text.

   [Single brackets] indicate deleted text.

 

Emergency Regulations

Under State Government Article, §10-111(b), Annotated Code of Maryland, an agency may petition the Joint Committee on Administrative, Executive, and Legislative Review (AELR), asking that the usual procedures for adopting regulations be set aside because emergency conditions exist. If the Committee approves the request, the regulations are given emergency status. Emergency status means that the regulations become effective immediately, or at a later time specified by the Committee. After the Committee has granted emergency status, the regulations are published in the next available issue of the Maryland Register. The approval of emergency status may be subject to one or more conditions, including a time limit. During the time the emergency status is in effect, the agency may adopt the regulations through the usual promulgation process. If the agency chooses not to adopt the regulations, the emergency status expires when the time limit on the emergency regulations ends. When emergency status expires, the text of the regulations reverts to its original language.

 

Title 15
DEPARTMENT OF AGRICULTURE

Subtitle 01 OFFICE OF THE SECRETARY

15.01.19 Certified Local Farm Enterprise Program

Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §14-704; Annotated Code of Maryland

Notice of Emergency Action

[22-022-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to new Regulations .01—10 under a new chapter, COMAR 15.01.19 Certified Local Farm Enterprise Program.

Emergency status began: December 16, 2021.

Emergency status expires: May 12, 2022.

 

     Editor’s Note: The text of this document will not be printed here because it appears as a Notice of Proposed Action on pages 115—118 of this issue, referenced as [22-022-P]. 

JULIANNE A. OBERG
Deputy Secretary

 

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 04
DEPARTMENT OF GENERAL SERVICES

Subtitle 01 OFFICE OF THE SECRETARY

04.01.06 Assistive Listening Device in Assembly Areas

Authority: State Finance and Procurement Article, §4-410[[,]]; State Government Article, §§10-611—10-630; Annotated Code of Maryland

Notice of Final Action

[21-184-F]

On January 4, 2022, the Department of General Services adopted new Regulations .01.08 under a new chapter, COMAR 04.01.06 Assistive Listening Device in Assembly Areas. This action, which was proposed for adoption in 48:24 Md. R. 1026—1028 (November 19, 2021), has been adopted as proposed.

Effective Date: January 24, 2022.

ELLINGTON E. CHURCHILL, JR.
Secretary of General Services

 

Title 13B
MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 01 NONPUBLIC SCHOOLS

13B.01.01 Minimum Requirements for Private Career Schools

Authority: Education Article, Title 11, Subtitles 1, 2, and 4; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

Notice of Final Action

[21-148-F]

On December 15, 2021, the Maryland Higher Education Commission adopted amendments to Regulations .19 and .26 under COMAR 13B.01.01 Minimum Requirements to Private Career Schools. This action, which was proposed for adoption in 48:21 Md. R. 904—905 (October 8, 2021), has been adopted with the nonsubstantive changes shown below.

Effective Date: January 24, 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 change to the proposed text of the following regulation is nonsubstantive. The change consists of correcting cross references in the text referring to provisions that are being amended by this action. The change to the proposed text does not alter the position of any group affected by the regulation, decrease any benefits, or increase administrative burdens; therefore, it is deemed nonsubstantive.

.19 Financial Guarantee.

A.—B. (proposed text unchanged)

C. Financial Guarantee Amount—Title IV School.

(1)—(2) (proposed text unchanged)

(3) During a Title IV school’s 6th through 10th years of operation, the school shall provide a financial guarantee in an amount sufficient to cover:

(a) 50 percent of the total tuition liability of the school, if the school does not meet financial viability requirements set forth in [[§F]] §E of this regulation, and if 50 percent of the total tuition liability of the school is greater than 100 percent of the school’s total non-Title IV tuition liability;

(b) 100 percent of the school’s total non-Title IV tuition liability, if the school meets the financial viability requirements set forth in [[§F]] §E of this regulation; or

(c) (proposed text unchanged)

(4) After a Title IV school’s 10th year of operation, the school shall provide:

(a) A financial guarantee in an amount sufficient to cover 30 percent of the total tuition liability of the school, if the school does not meet the financial viability requirements set forth in [[§F]] §E of this regulation, and if 30 percent of the total tuition liability is greater than 100 percent of the school’s total non-Title IV tuition liability;

(b) A financial guarantee in an amount sufficient to cover 100 percent of the school’s total non-Title IV tuition liability, if the school meets the financial viability requirements set forth in [[§F]] §E of this regulation; or

(c) (proposed text unchanged)

D. (proposed text unchanged)

E. Reduced Financial Guarantees Based on Financial Viability.

(1) Upon submission of its annual report under Regulation .06 of this chapter, a school that provides a financial guarantee in an amount greater than 100 percent of its non-Title IV tuition liability may request in writing that the Secretary reduce the school’s financial guarantee amount, in accordance with the criteria set forth in §§B—[[E]] D of this regulation.

(2) (proposed text unchanged)

(3) The Secretary may grant the school’s request if the Secretary finds that:

(a) The financial statements and other relevant financial information, including external accounting reports, demonstrate that the school and its ownership meet the financial viability requirements set forth in [[§F(4)]] §E(4) of this regulation, operate in accordance with sound principles of financial management, and maintain financial resources adequate for the satisfactory conduct of the school; and

(b) A reduction of the financial guarantee is appropriate under the criteria set forth in §§B—[[E]] D of this regulation.

(4)—(5) (proposed text unchanged)

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

 

Title 18
DEPARTMENT OF ASSESSMENTS AND TAXATION

Subtitle 02 REAL PROPERTY ASSESSMENTS

18.02.03 Agricultural Use Assessments

Authority: Tax-Property Article, §§2-201, 2-202, and 8-209, Annotated Code of Maryland

Notice of Final Action

[21-187-F]

On January 4, 2022, the Director of the Department of Assessments and Taxation adopted amendments to Regulation .05 under COMAR 18.02.03 Agricultural Use Assessments. This action, which was proposed for adoption in 48:24 Md. R. 1052 (November 19, 2021), has been adopted as proposed.

Effective Date: January 24, 2022.

MICHAEL L. HIGGS, JR.
Director of Assessments and Taxation

 

Subtitle 02 REAL PROPERTY ASSESSMENTS

18.02.05 Country Clubs

Authority: Tax-Property Article, §§2-201, 2-202, 8-213, 8-218, and 8-219, Annotated Code of Maryland

Notice of Final Action

[21-188-F]

On January 4, 2022, the Director of the Department of Assessments and Taxation adopted amendments to Regulation .06 under COMAR 18.02.05 Country Clubs. This action, which was proposed for adoption in 48:24 Md. R. 1052 (November 19, 2021), has been adopted as proposed.

Effective Date: January 24, 2022.

MICHAEL L. HIGGS, JR.
Director of Assessments and Taxation

 

Subtitle 05 AGRICULTURAL LAND TRANSFER TAX

18.05.01 Administration

Authority: Tax-Property Article, §§2-201, 2-202, and 13-307, Annotated Code of Maryland

Notice of Final Action

[21-186-F]

On January 4, 2022, the Director of the Department of Assessments and Taxation adopted amendments to Regulation .04 under COMAR 18.05.01 Administration. This action, which was proposed for adoption in 48:24 Md. R. 1052—1053 (November 19, 2021), has been adopted as proposed.

Effective Date: January 24, 2022.

MICHAEL L. HIGGS, JR.
Director of Assessments and Taxation

 

Subtitle 15 GROUND RENTS

18.15.01 Redemption

Authority: Real Property Article, §8-804; Tax-Property Article, §2-201, Annotated Code of Maryland

Notice of Final Action

[21-185-F]

On January 4, 2022, the Director of the Department of Assessments and Taxation adopted amendments to Regulation .02, new Regulation .03, amendments to and the recodification of existing Regulation .03 to be Regulation .04, and the recodification of existing Regulations .04—.06 to be Regulations .05—.07 under COMAR 18.15.01 Redemption. This action, which was proposed for adoption in 48:24 Md. R. 1053—1054 (November 19, 2021), has been adopted as proposed.

Effective Date: January 24, 2022.

MICHAEL L. HIGGS, JR.
Director of Assessments and Taxation

 

Title 22
STATE RETIREMENT AND PENSION SYSTEM

Subtitle 01 GENERAL REGULATIONS

22.01.11 Employment of a Retiree by a Participating Employer

Authority: State Personnel and Pensions Article, §§21-110, 21-113, 22-406, 23-407, 25-403, 26-403, 27-406, 28-402, 29-115, and 29-116, Annotated Code of Maryland

Notice of Final Action

[21-174-F]

On December 21, 2021, the Board of Trustees for the State Retirement and Pension System adopted the repeal of existing Regulations .01—.07 and new Regulations .01—.07 under COMAR 22.01.11 Employment of a Retiree by a Participating Employer.

This action, which was proposed for adoption in 48:23 Md. R. 992—995 (November 5, 2021), has been adopted as proposed.

Effective Date: January 24, 2022.

MARTIN M. NOVEN
Executive Director
State Retirement Agency

 

Title 28
OFFICE OF ADMINISTRATIVE HEARINGS

Subtitle 02 RULES OF PROCEDURE

28.02.01 Rules of Procedure

Authority: State Government Article, §§9-1604, 9-1607, 10-205, 10-206,
10-210, 10-211, 10-212.1, 10-216, 10-217, and 10-220, Annotated Code of Maryland

Notice of Final Action

[21-183-F]

On January 4, 2022, the Office of Administrative Hearings adopted amendments to Regulation .16 under COMAR 28.02.01 Rules of Procedure. This action, which was proposed for adoption in 48:24 Md. R. 1061—1062 (November 19, 2021), has been adopted as proposed.

Effective Date: January 24, 2022.

CHUNG K. PAK
Chief Administrative Law Judge

 

Title 35
MARYLAND DEPARTMENT OF VETERANS AFFAIRS

Subtitle 06 MARYLAND VETERANS SERVICE ANIMAL PROGRAM

35.06.01 General Regulations

Authority: State Government Article, §9-957, Annotated Code of Maryland

Notice of Final Action

[21-179-F]

On December 29, 2021, the Maryland Department of Veterans Affairs adopted amendments to Regulation .02, the repeal of existing Regulation .07, and new Regulation .07 under COMAR 35.06.01 General Regulations. This action, which was proposed for adoption in 48:23 Md. R. 1000—1001 (November 5, 2021), has been adopted as proposed.

Effective Date: January 24, 2022.

GEORGE W. OWINGS III
Secretary of Veterans Affairs

 

 

Proposed Action on Regulations

 


Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.25 Gear

Authority: Natural Resources Article, §4-711, Annotated Code of Maryland

Notice of Proposed Action

[22-023-P]

The Secretary of Natural Resources proposes to amend Regulation .07 under COMAR 08.02.25 Gear.

Statement of Purpose

The purpose of this action is to change the pound net site activation process for commercial licensees who use pound nets.

Commercial licensees are currently required to notify the Department at least 7 days before a registered pound net site is set, as well as notify the Department within 7 days of taking down a registered pound net. Due to the timing requirements, this notification procedure often requires at least one extra trip to a license service center. Under this action, licensees will continue to notify the Department at least 7 days before the net, but will be able to do so as early as the license renewal period prior to the license year. The activation will be valid for the entire license year, and licensees will no longer be required to notify the Department of when the net is taken down. Allowing pound net activation for the following license year during license renewal and making the activation good for the entire license year will provide the Department with the information necessary to manage fisheries while making activation more efficient and convenient for licensees. Licensees are still required to remove their pound net stakes within 30 days of removing the net, and are still required to report all harvest as required by the Department on either a daily or monthly basis depending on which reporting format the licensee has elected to use.

 

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action will allow licensees to activate their pound net sites during license renewal for the following license year and will remove the "deactivation" requirement. This will save licensees at least one trip to a Department service center, which will save licensees an indeterminable amount of both time and money.

 

 

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 Licensees Who Use Pound Nets

(+)

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. Commercial licensees who use pound nets will be able to take care of the pound net site activation requirements for the year during the license renewal process. This will save at least one, if not multiple, trips to Department service center locations, resulting in an indeterminable savings in both time and travel-related monetary expenditures by licensees to maintain compliance with Department requirements.

Economic Impact on Small Businesses

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

The proposed action will allow licensees to activate their pound net sites during license renewal for the following license year and will remove the "deactivation" requirement. This will save licensees at least one trip to a Department service center, which will save licensees both time and money.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Pound Net Site Activation 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#gear. Comments will be accepted through February 14, 2022. A public hearing has not been scheduled.

.07 Commercial — Pound Nets.

A.—D. (text unchanged)

E. Pound Net Activity Notification.

(1) A pound net site may be activated by the registrant for:

(a) A full license year beginning on July 15 immediately prior to the license year; or

(b) The remainder of the license year at any point during the license year.

[(1)] (2) (text unchanged)

[(2) The registrant shall ensure that written notice is received by the Department within 7 days of removing any pound net from the water.]

(3) (text unchanged)

F. (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION

09.03.12 Foreclosure Procedures for Residential Property

Authority: Financial Institutions Article, §2-105.1; Real Property Article, §§7-105.1 [and 7-105.14], 7-105.13, and 7-105.18; Annotated Code of Maryland

Notice of Proposed Action

[22-015-P]

     The Commissioner of Financial Regulation proposes to amend existing Regulations .01 and .02, amend and recodify existing Regulations .03, .04, .05, .08, .09, and .10 to be Regulations .05, .06, .08, .07, .04, and .09, respectively, recodify existing Regulations .06 and .07 to be Regulations .03 and .10, respectively, and adopt new Regulations .13 and .14 under COMAR 09.03.12 Foreclosure Procedures for Residential Property.

Statement of Purpose

The purpose of this action is to amend and recodify certain regulations within COMAR 09.03.12 in order to achieve consistency; harmonize certain regulations that are inconsistent or contradictory as a result of recent changes to applicable provisions within the Maryland Annotated Code; update and generally improve existing requirements to reduce document exchange burdens between borrowers and lenders during the mediation process; update existing portions to reduce procedural gaps and uncertainties within the mediation process to improve the general effectiveness of the process and enhance consumer protections by increasing certainty and transparency; promulgate new forms that explain certain processes and provide guidance within the mediation process; and update provisions regarding the Commissioner of Financial Regulation’s authority to address violations of law or regulation over which the Commissioner has jurisdiction.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action is expected to have a minimal economic impact on mortgage servicing activities and consumers. The amendments will provide clarity to licensees, as well as consumers, regarding their roles and responsibilities by improving consistency of language used in COMAR 09.03.12. The amendments reduce document exchange burdens between mortgage servicers and consumers (or lenders and borrowers) and provide greater procedural certainty for the parties involved with mortgage servicing and the mediation process, which will have a positive impact on industry and consumers alike. The proposed action could result in an increase in the operating costs incurred by mortgage servicers due to a requirement that licensees must reissue a required notice to a consumer under certain circumstances. Such changes, however, provide consumers with greater protections. The Commissioner expects any increased costs to mortgage servicers associated with compliance with the requirement to be minimal, but is unable to determine whether such costs will pass through to their customers or consumers.

 

 

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:

 

(+)

Indeterminable

 

(-)

Minimal

 

E. On other industries or trade groups:

 

 

NONE

F. Direct and indirect effects on public:

 

(+)

Indeterminable

 

(+)

Indeterminable

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

D(1). By providing clarity regarding the rights and responsibilities of mortgage servicers and consumers, and providing certainty by reducing procedural gaps within the mediation process, the proposed action should benefit licensees.

D(2). The new requirement related to reissuing a notice to consumers under certain circumstances may minimally increase operating costs for licensees.

F(1). By providing clarity regarding the rights and responsibilities of mortgage servicers and consumers, and providing certainty by reducing procedural gaps within the mediation process, the proposed action should provide a direct benefit to the public.

F(2). Providing that the Commissioner may enforce the provisions of this proposed action and address violations of law, rule, or order should improve the Commissioner's supervision of licensees and thereby benefit the public.

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 Joseph Cunningham, Director of Legislative Response and Special Projects, Department of Labor, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6094, or email to josephd.cunningham@maryland.gov, or fax to 410-333-0475. Comments will be accepted through February 14, 2022. A public hearing has not been scheduled.

 

Note: All appendices referenced in this chapter that have been amended …please click here to view.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(17) (text unchanged)

(18) “Nationwide Mortgage Licensing System and Registry [(NMLSR)] (NMLS)” has the meaning stated in Financial Institutions Article, [§11-501] §1-101, Annotated Code of Maryland.

(19)—(29) (text unchanged)

(30) “Vacant and abandoned” means a finding by the appropriate circuit court that a residential property is vacant and abandoned pursuant to Real Property Article, [§7-105.14(c)] §7-105.18(c), Annotated Code of Maryland.

.02 Notice of Intent to Foreclose.

A. Subject to §§[E and] F, G, and H of this regulation, a person required to send a notice of intent to foreclose under Real Property Article, §7-105.1, Annotated Code of Maryland, shall send a notice of intent to foreclose, which shall fully conform with §B, C, or D of this regulation.

B. Owner-Occupied Residential Property.

(1) Subject to §C of this regulation, a notice of intent to foreclose on owner-occupied residential property shall be in a form substantially similar to that in:

(a) Appendix A of this [chapter] regulation if the loan is not a federally related mortgage loan;

(b) Appendix A-f of this [chapter] regulation if the loan is a federally related mortgage loan; or

(c) With respect to a notice of intent to foreclose from a secured party offering prefile mediation for a loan that is not a federally related mortgage loan, Appendix A-1 of this [chapter] regulation, as follows:

(i) Appendix A-1 shall be accompanied in the same envelope or package by the packets of documents and forms substantially similar to Schedule 1 (Prefile Mediation Packet) and Schedule 2 (Loss Mitigation Packet) of Appendix A-1 of this [chapter] regulation.

(ii) Each of the documents and forms constituting Appendix A-1, Schedule 1, and Schedule 2 as required under subparagraph (i) of this paragraph shall be in the sequence of documents and forms presented in Appendix A-1, Schedule 1, and Schedule 2, respectively of this regulation. Appendix A-1 shall be the first in the sequence. Schedule 1 shall be the second in the sequence and shall be directly behind Appendix A-1. Schedule 2 shall be the third in the sequence and shall be directly behind Schedule 1. Appendix A-1, Schedule 1, and Schedule 2 shall be separated from each other by any reasonable method that ensures that the borrower can identify the forms and documents constituting each of Appendix A-1, Schedule 1, and Schedule 2.

(iii) The Loss Mitigation Application and Instruction required in Schedule 2 of Appendix A-1 may be in the form authorized under Regulation [.06] .03 of this chapter.

(d) With respect to a notice of intent to foreclose from a secured party offering prefile mediation for a loan that is a federally related mortgage loan, Appendix A-1(f) of this [chapter] regulation, as follows:

(i) Appendix A-1(f) shall be accompanied in the same envelope or package by the packets of documents and forms substantially similar to Schedule 1 (Prefile Mediation Packet) and Schedule 2 (Loss Mitigation Packet) of Appendix A-1(f) of this [chapter] regulation.

(ii) (text unchanged)

(iii) The Loss Mitigation Application and Instruction required in Schedule 2(f) of Appendix A-1(f) may be in the form authorized under Regulation [.06] .03 of this chapter.

(2) For purposes of the notice set forth in §B(1) of this regulation, the names and license numbers of mortgage lender licensees and mortgage loan originator licensees are required to be included in the notice only if this information is included on or recorded with the security instrument securing the mortgage loan related to the notice, or is otherwise known to the person sending the notice. The person sending the notice set forth in §B(1) of this regulation may satisfy the requirement to include the license number of the mortgage lender licensee and mortgage loan originator licensee by including the [NMLSR] NMLS unique identifier. If the mortgage lender was exempt from licensure under Financial Institutions Article, §11-501 et seq., Annotated Code of Maryland, at the time the mortgage loan was made, then a mortgage lender license number is not required under this section. If the mortgage loan originator was exempt from licensure under Financial Institutions Article, §11-601 et seq., Annotated Code of Maryland, at the time the mortgage loan was originated, then a mortgage lender license number is not required under this section.

[(3) The notice of intent to foreclose may include a separate addendum, sequenced at the end of the notice of intent to foreclose, with additional information, a notice, or advice relating to default that is required in advance of commencement of a foreclosure by a covenant of the deed of trust or mortgage that is the subject of the notice, or by the servicer, investor, insurer, or government regulator guidelines applicable to the deed of trust or mortgage that is the subject of the notice, provided the additional information, notice, or advice does not contradict any information required to be contained in the notice of intent to foreclose.]

[(4)] (3) The notice of intent to foreclose shall be accompanied in the same envelope or package by:

(a) A loss mitigation application for loss mitigation programs that are applicable to the loan secured by the mortgage or deed of trust that is the subject of the notice. If the secured party does not have its own loss mitigation application, the secured party shall use the form of loss mitigation application set forth in Regulation [.06] .03 of this chapter;

(b) (text unchanged)

(c) A description of the eligibility requirements for the loss mitigation programs offered by the secured party that may be applicable to the loan secured by the mortgage or deed of trust that is the subject of the notice. If the mortgage loan is owned, securitized, insured, or guaranteed by the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, or Federal Housing Administration[, or if the servicing agent is participating in the federal Making Home Affordable Modification Program (also known as “HAMP”)], providing documentation to the borrower as required by those programs satisfies the requirement to provide a description of the eligibility requirement for the applicable loss mitigation program; and

(d) An addressed envelope in conformity with Regulation [.07] .10 of this chapter addressed to the person (an individual, a group of individuals, or a department such a “loss mitigation department”) responsible for conducting the loss mitigation analysis on behalf of the secured party for the mortgage loan.

C. If the basis for the authority to foreclose on the owner-occupied residential property is a homeowners’ association lien, condominium association lien, mechanic’s lien, a similar statutory or contractual lien, or a basis other than a mortgage loan default, a notice of intent to foreclose shall be in a form substantially similar to that in Appendix B of this [chapter] regulation.

D. (text unchanged)

E. Any notice of intent to foreclose under this regulation may include a separate addendum, sequenced at the end of the notice of intent to foreclose, with any additional information, notice, or advice required as a prerequisite to commencing foreclosure by the terms of the deed of trust or mortgage that is the subject of the notice, government regulatory guidelines applicable to such deed of trust or mortgage or by the servicer, investor, or insurer of such deed of trust or mortgage, provided the additional information, notice, or advice does not contradict any information required to be contained in the notice of intent to foreclose.

[E.] F. Filing Electronically. A person required to send the Commissioner a copy of a notice of intent to foreclose under Real Property Article, §7-105.1, Annotated Code of Maryland, shall meet that requirement by making an electronic submission within 5 business days of mailing a notice of intent to foreclose through the [Commissioner’s Notice of Intent to Foreclose Electronic System] Maryland Foreclosure Registration System (the “System”). A link to the System is available on the Commissioner’s website at http://www.labor.maryland.gov/finance.

[F.] G. (text unchanged)

H. A notice of intent to foreclose that is sent in compliance with Real Property Article, §7-105.1, Annotated Code of Maryland, and is otherwise valid under the law, shall expire and will not be effective:

(1) If, after 1 year from the date on which it is sent to the borrower, an action to foreclose the mortgage or deed of trust pursuant to such notice of intent to foreclose has not been filed;

(2) If an action to foreclose the mortgage or deed of trust filed pursuant to such notice of intent to foreclose is dismissed by the appropriate adjudicative body;

(3) If the borrower cures the default described in the notice of intent to foreclose and becomes current on payment, whether pursuant to the terms of the mortgage or deed of trust or a loss mitigation agreement entered into by the parties;

(4) As provided for in Real Property Article, §7-105.1(d)(18), Annotated Code of Maryland; or

(5) As provided for in §D(4) of this regulation.

I. If a notice of intent to foreclosure expires and becomes ineffective as provided for in §H(1) of this regulation, the secured party shall send a new notice of intent to foreclose in compliance with Real Property Article, §7-105.1, Annotated Code of Maryland, and this regulation prior to filing an action to foreclose a mortgage or deed of trust on residential property.

[G.] J. (text unchanged)

[.09] .04 Prefile Mediation Process.

A. (text unchanged)

B. Within 5 business days after the date on which the secured party or the identified representative of the secured party receives an application for prefile mediation from a borrower, the secured party or the representative of the secured party shall notify the Office of Administrative Hearings that the borrower has submitted an application for prefile mediation. The notification shall be in a form substantially similar to that in Appendix I of this regulation.

C.—E. (text unchanged)

[.03] .05 Preliminary Loss Mitigation Affidavit.

A. Subject to §B of this regulation, a preliminary loss mitigation affidavit required by Real Property Article, §7-105.1(h)(3), Annotated Code of Maryland, and this chapter shall be in a form substantially similar to that in Appendix D of this [chapter] regulation.

B. (text unchanged)

[.04] .06 Final Loss Mitigation Affidavit.

A. Subject to §B of this regulation, a final loss mitigation affidavit required by Real Property Article, §7-105.1(h)(4), Annotated Code of Maryland, and this chapter shall be in a form substantially similar to that in Appendix E of this [chapter] regulation.

B. (text unchanged)

[.08] .07 Notice of [Filing] Foreclosure Action.

A. Notice of [Filing] Foreclosure Action to Accompany a Preliminary Loss Mitigation Affidavit.

(1) A form substantially similar to that in Appendix H-1 of this [chapter] regulation shall be used to comply with the notice of filing requirement when accompanying a preliminary loss mitigation affidavit, as well as an order to docket or complaint to foreclose, as required by Real Property Article, §7-105.1, Annotated Code of Maryland.

(2)—(5) (text unchanged)

B. Notice of [Filing] Foreclosure Action to Accompany a Final Loss Mitigation Affidavit.

(1) A form substantially similar to that in Appendix H-2 of this [chapter] regulation shall be used to comply with the notice of filing requirement when accompanying a final loss mitigation affidavit and the form used under this chapter to request postfile mediation, as well as an order to docket or complaint to foreclose, as required by Real Property Article, §7-105.1, Annotated Code of Maryland.

(2) (text unchanged)

(3) The form used under this chapter to request postfile mediation shall be the second in the sequence of papers and documents in the packet sent to the borrower and shall be directly behind the form used under [§A of this regulation] this section.

(4)—(6) (text unchanged)

C. Notice of [Filing] Foreclosure Action with Respect to Borrowers Who Have Participated in Prefile Mediation.

(1) A form substantially similar to that in Appendix H-3 of this [chapter] regulation shall be used to comply with the notice of filing requirement when accompanying an order to docket or complaint to foreclose for owner-occupied residential property with respect to which the borrower has participated in prefile mediation that has not resulted in a prefile mediation agreement, as required by Real Property Article, §7-105.1, Annotated Code of Maryland.

(2) A form substantially similar to that in Appendix H-4 of this [chapter] regulation shall be used to comply with the notice of filing requirement when accompanying an order to docket or complaint to foreclose for owner-occupied residential property with respect to which the borrower has participated in prefile mediation that has resulted in a prefile mediation agreement, as required by Real Property Article, §7-105.1, Annotated Code of Maryland.

D. Notice of [Filing] Foreclosure Action for Non Owner-Occupied Properties. A form substantially similar to that in Appendix H-5 of this [chapter] regulation shall be used to comply with the notice of [filing] foreclosure action requirement when accompanying an order to docket or complaint to foreclose with respect to a property that is not an owner-occupied residential property, as required by Real Property Article, §7-105.1, Annotated Code of Maryland.

E. Notice of Foreclosure Action Based on a Certificate of Vacancy or a Certificate of Property Unfit for Human Habitation.

(1) A form substantially similar to that in Appendix H-6 of this regulation shall be used to comply with the notice of filing requirement when accompanying an order to docket or complaint to foreclose based on a certificate of vacancy or a certificate of property unfit for human habitation pursuant to Real Property Article, §7-105.13, Annotated Code of Maryland.

(2) The form used under this section to comply with the notice of filing requirement based on a certificate of vacancy or a certificate of property unfit for human habitation shall be the first in the sequence of papers and documents in the packet sent to the borrower, and shall be on yellow paper.

(3) The form used under this chapter to describe the procedure to challenge a certificate of vacancy or certificate of property unfit for human habitation shall be the second in the sequence of papers and documents in the packet sent to the borrower and shall be directly behind the form used under this section.

(4) The form used under this chapter to make a challenge to a certificate of vacancy or certificate of property unfit for human habitation shall be the third in the sequence of papers and documents in the packet sent to the borrower and shall be directly behind the form used to describe the procedure to challenge a certificate of vacancy or certificate of property unfit for human habitation.

(5) The remainder of the papers and documents in the packet sent to the borrower may be in any other sequence.

(6) The sequence requirements of §E(2), (3), and (4) of this regulation apply only to the papers and documents sent to the borrower.

[E.] F. Notice of [Filing] Foreclosure Action with Respect to Properties Found to Be Vacant and Abandoned. A form substantially similar to that in Appendix H-6 of this [chapter] regulation shall be used to comply with the notice of filing requirement when accompanying an order to docket or complaint to foreclose with respect to a property that is vacant and abandoned.

[.05] .08 Postfile Foreclosure Mediation.

A. Subject to §B of this regulation, a request for postfile mediation required by Real Property Article, §7-105.1(h)(4), Annotated Code of Maryland, and this chapter shall be in a form substantially similar to that in Appendix F of this [chapter] regulation.

B. (text unchanged)

[.10] .09 Office of Administrative Hearings.

A. Borrower Information Worksheet and Instructions.

(1) With respect to a scheduled prefile mediation session, the Office of Administrative Hearings shall provide the Borrower(s) Information Worksheet and the instructions regarding the documents and information that must be provided by each party to the other and to the Office of Administrative Hearings in a form substantially similar to that in Appendix OAH-1 of this [chapter] regulation.

(2) With respect to a scheduled postfile mediation session, the Office of Administrative Hearings shall provide the Borrower(s) Information Worksheet and the instructions regarding the documents and information that must be provided by each party to the other and to the Office of Administrative Hearings in a form substantially similar to that in Appendix OAH-2 of this [chapter] regulation.

B. Housing Counseling.

(1) (text unchanged)

(2) At the option of the secured party, a borrower who fails to deliver the housing counseling certification may sign a borrower certification of housing counseling in a form substantially similar to that in Appendix OAH-5 of this [chapter] regulation.

(3) At the option of the secured party, the secured party may waive the housing counseling certification at the prefile mediation session by signing the waiver of housing counseling in a form substantially similar to that in Appendix OAH-6 of this [chapter] regulation.

(4) (text unchanged)

C. Mediation Checklist.

(1) The mediation checklist required by Real Property Article, §7-105.1(d)(10), Annotated Code of Maryland, to be used in a prefile mediation shall be in a form substantially similar to that in Appendix OAH-3 of this [chapter] regulation and may, as applicable, include Appendix OAH-5 or Appendix OAH-6 of this regulation.

(2) The mediation checklist required by Real Property Article, §7-105.1(l), Annotated Code of Maryland, to be used in a postfile mediation shall be in a form substantially similar to that in Appendix OAH-4 of this [chapter] regulation.

D. (text unchanged)

E. Appearance.

(1)—(3) (text unchanged)

(4) If the secured party, itself or through a representative of the secured party, is found by the mediator to have failed to appear at a scheduled foreclosure mediation, then the secured party may not schedule a foreclosure sale until:

(a) The secured party, or a representative of the secured party, appears and participates in a foreclosure mediation;

(b) The borrower withdraws the borrowers’ request to participate in the foreclosure mediation; or

(c) The foreclosure action has been dismissed and a new foreclosure action is filed in full compliance with State law and this chapter.

F. [Filing Electronically] Mediation Documents and Information.

(1) The Commissioner may allow the submission of information and documents required for the foreclosure mediation under this regulation by an electronic method.

(2) Documents and information provided by one party to another and to the Office of Administrative Hearing as provided for in this regulation, shall be furnished timely and in an accessible and legible format.

G. Postfile Mediation Agreement Terms. If the postfile mediation results in an agreement, including a conditional agreement, the Office of Administrative Hearings shall draft the postfile mediation agreement term sheet during the mediation session, and, at the conclusion of a postfile mediation session, the mediator and each party shall sign the term sheet.

H. Mediation Outcome.

(1) Pursuant to the time frame provided for in Real Property Article, §7-105.1(l)(4), Annotated Code of Maryland, the Office of Administrative Hearings shall file a report with the court that states the outcome of the request for foreclosure mediation that will include:

(a) A statement as to whether the postfile mediation was held and, if not, the reasons why it was not held;

(b) If applicable, a copy of the mediation checklist as provided for in this regulation;

(c) If applicable, the documented postfile mediation agreement term sheet provided for in §G of this regulation; and

(d) Any other information deemed relevant by the Office of Administrative Hearings.

(2) The Office of Administrative Hearings shall furnish a copy of the report provided for in Real Property Article, §7-105.1(l)(4), Annotated Code of Maryland, as described in this section, to each party that appears at the mediation.

(3) The contents of the report filed by the Office of Administrative Hearings pursuant to Real Property Article, §7-105.1(l)(4), Annotated Code of Maryland, shall be privileged unless the court deems all, or any portion thereof, otherwise.

I. Good Faith and Fair Dealing. The secured party, or any representative of the secured party, has a duty of good faith and fair dealing in its participation at a foreclosure mediation, including, but not limited to:

(1) Providing the borrower with an accurate accounting of the debt owed;

(2) Making the borrower aware of all loss mitigation options and services offered by the secured party; and

(3) Pursuing loss mitigation when reasonably possible.

.13 Challenges to Certificates of Vacancy or Certificates of Unfitness for Human Habitation.

A. A form substantially similar to that in Appendix J of this regulation shall be used to comply with the requirement to provide a description of the procedure to challenge a certificate of vacancy or certificate of property unfit for human habitation when accompanying an order to docket or complaint to foreclose based on a certificate of vacancy or a certificate of property unfit for human habitation pursuant to Real Property Article, §7-105.13, Annotated Code of Maryland.

B. A form substantially similar to that in Appendix K of this regulation shall be used to comply with the requirement to provide the form to be used to make a challenge to a certificate of vacancy or certificate of property unfit for human habitation when accompanying an order to docket or complaint to foreclose based on a certificate of vacancy or a certificate of property unfit for human habitation pursuant to Real Property Article, §7-105.13, Annotated Code of Maryland.

.14 Enforcement.

The Commissioner may enforce the provisions of this chapter by exercising any of the powers provided under Financial Institutions Article, §§2-114—2-116, Annotated Code of Maryland.

ANTONIO P. SALAZAR
Commissioner of Financial Regulation

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.24 Medical Assistance Eligibility

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

Notice of Proposed Action

[22-021-P]

     The Secretary of Health proposes to amend Regulations .02 and .03 under COMAR 10.09.24 Medical Assistance Eligibility.

Statement of Purpose

The purpose of this action is to clarify the eligibility criteria for adults with dependent children who are eligible for Medicaid under §1902(a)(10)(A)(i)(VIII) of the Social Security Act. Additionally, the proposed action extends the postpartum period for pregnant women from 60 days to 12 months, in accordance with Ch. 470 (S.B. 923), Acts of 2021, and federal regulations.

Comparison to Federal Standards

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

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action extends coverage for postpartum women from 60 days to 12 months for a 5-year period, effective April 1, 2022. Accordingly, in Fiscal Year 2022, Medicaid expenditures increase by approximately $3.9 million to cover this expansion.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$3,924,813

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$3,924,813

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. This amount assumes:

(1) Approximately 26,572 pregnant women are covered by Medicaid each year based on their pregnancy status;

(2) Under current policy, 13.8 percent of these women (3,667) lose their Medicaid coverage 60 days postpartum;

(3) Under the proposed action, Medicaid provides an additional 10 months of coverage to these women at an estimated rate of $428.13 per month, including both medical and dental benefits;

(4) The coverage extension begins April 1, 2022 (thus, at most, three additional months of postpartum coverage are provided to pregnant women in fiscal 2022); and

(5) The total cost ($3,924,813) is subject to a 61 percent federal match ($2,394,136 federal funds and $1,530,677 general funds).

D. See A above.

Economic Impact on Small Businesses

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

The proposed action extends Medicaid eligibility for postpartum women from 60 days to 12 months. To the extent that this population seeks medical and dental care from small businesses enrolled as Maryland Medicaid providers, small businesses will be able to bill Medicaid for services rendered.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jason Caplan, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 14, 2022. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(45) (text unchanged)

(45-1) “Postpartum period” means [the period of time beginning on the date a pregnancy ends and ending on the last day of the second month following the end of pregnancy.]:

(a) The period of time beginning on the date a pregnancy ends and ending on the last day of the month in which the 60-day period ends; or

(b) Effective for 5 years beginning April 1, 2022, the period of time beginning on the date a pregnancy ends and ending on the last day of the 12th month following the end of pregnancy.

(46)—(63) (text unchanged)

.03 Coverage Groups.

A. The following individuals, including recipients of Temporary Cash Assistance, may be determined eligible for the MAGI coverage groups:

(1) Parents and other caretaker relatives whose household income is[:

(a) Greater than 123 percent of the federal poverty level and equal to or less than 133 percent of the federal poverty level; or

(b) Equal] equal to or less than 123 percent of the federal poverty level[.];

(2) (text unchanged)

(3) [Childless adults] Adults 19 years old or older and younger than 65 years old who are not entitled to or enrolled in Medicare Part A or Part B, whose household income is equal to or less than 133 percent of the federal poverty level, including adults living with dependent children who have provided minimum essential health care coverage for those children[:];

(4)—(5) (text unchanged)

B.—E. (text unchanged)

F. Continuous Eligibility for Pregnant Women. The Department will provide Medical Assistance through the last day of the month in which the [60-day post-partum] postpartum period ends for a pregnant woman who:

(1)—(2) (text unchanged)

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.29 Residential Treatment Center Services

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

Notice of Proposed Action

[22-018-P]

The Secretary of Health proposes to amend Regulations .01, .04, .06, and .07 under COMAR 10.09.29 Residential Treatment Center Services.

Statement of Purpose

The purpose of this action is to increase provider rates by rebasing the per diem rates paid to Residential Treatment Centers (RTCs) and removing the requirement that individual provider rates are rebased at a lower rate if costs fall below target in a given year. This proposal will also increase the maximum rate from $270 per day to $750 per day for RTCs serving individuals between the ages of 12 and 21 and from $600 per day to $750 per day for RTCs serving individuals age 12 and under. Additionally, this action updates references to regulations relevant to diagnoses and pre-authorization.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action rebases the maximum rate for RTCs serving individuals ages 12 through 21 years old and individuals ages 12 and under from $300 and $600 per day, respectively, to $750 per day for dates of service beginning July 1, 2021. The total FY 2022 economic impact is $5,573,277.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$5,573,277

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$5,573,277

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. (1) This amount reflects the impact of rebasing the maximum rate for RTCs serving individuals ages 12 through 21 years old and individuals ages 12 and under from $300 and $600 per day, respectively, to $750 per day for dates of service beginning July 1, 2021. COMAR 10.09.29.07A(2) states that the current maximum rate is $270; this number is outdated and does not reflect the Program’s current per diem rate cap.

(2) This amount reflects the impact of rates rebasing on the 12 facilities who have cost-settled years in FY 2017 or later. It does not reflect the impact on 10 facilities who have not billed Medicaid since FY 2017.

(3) This amount assumes an RTC’s utilization from the most recent cost reporting year will continue through FY 2022.

(4) The estimated fiscal impact for FY 2022 is equal to the difference between the Department’s projected expenditures based off the most recent cost settled days for active RTC providers--with cost settled years on or after 2017--and the projected expenditures for FY 2022 based on updated FY 2022 rates.

(5) In FY 2022, the cost of the rebasing ($7,331,991) is subject to a 64.2 percent blended match ($4,707,138 federal funds and $2,624,853 general funds).

(6) The State share is offset by the projected increase in federal match the two Regional Institutes for Children and Adolescents (RICAs) will receive as a result of the higher rates provided in this proposal($1,758,714).

(7) The total magnitude of this action, $5,573,277, is subject to a 64.2 percent blended federal match ($5,573,277 federal funds and $866,139 general funds).

D. See A above.

Economic Impact on Small Businesses

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

Small businesses enrolled in Maryland Medicaid as RTC providers will benefit as a result of the increase in the rebased rate and increase of the max day rate.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jason Caplan, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 14, 2022. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Active treatment” means inpatient psychiatric services which involve implementation of a professionally developed and supervised individual plan of care described in 42 CFR §441.155, that is:

(a) Developed and implemented [not] no later than 14 days after admission; and

(b) (text unchanged)

(2)—(10) (text unchanged)

(10-1) "Mental health services" means those services described in COMAR [10.09.70.10C] 10.09.59.06 rendered to treat an individual for a diagnosis set forth in COMAR [10.09.70.10A] 10.67.08.02M.

(11)—(18) (text unchanged)

.04 Covered Services.

The Program covers inpatient psychiatric services for the diagnosis, active treatment, and care of recipients under 21 years old with mental disease when the services are:

A.—D. (text unchanged)

E. For the treatment of a mental illness listed in COMAR [10.09.70.10A] 10.67.08.02M.

.06 Preauthorization Requirements.

The following procedures or services require preauthorization:

A.—B. (text unchanged)

C. All admissions, which shall comply with the requirements under COMAR [10.09.70.07] 10.09.59.08 for preauthorization.

.07 Payment Procedures.

A. Reimbursement Principles.

(1) (text unchanged)

(2) The Department will pay the residential treatment center the lesser of the provider’s customary charge or the provider’s per diem costs for covered services according to the principles established under Title XVIII of the Social Security Act, as required in 42 CFR 413, or on the basis of charges not to exceed [$270 per day] $750 per day effective July 1, 2021. The average increase in the Department’s reimbursement to the provider per inpatient day for each fiscal year over the cost-settled rate for the previous fiscal year, State Fiscal Year 2019 final cost per diem effective July 1, 2021, may not exceed the rate of increase of the Hospital Wage and Price Index plus 1 percentage point, described in 42 CFR §413.40. The target rate percentage increase for each calendar year will equal the prospectively estimated increase in the Hospital Wage and Price Index (market basket index) for each [calendar] year, plus 1 percentage point. [Since the cost reporting period spans portions of 2 calendar years, the Program shall calculate an appropriate prorated percentage rate based on the published calendar year percentage rates.] If the service is free to individuals not covered by Medicaid:

(a)—(b) (text unchanged)

(3) An in-State children’s residential treatment center shall be reimbursed the lesser of:

(a)—(b) (text unchanged)

(c) [$600 per day, effective October 1, 2009] $750 per day effective July 1, 2021.

(4) For purposes of §A(3)(b) [and (4)] of this regulation, the percentage increase in the Department's cost reimbursement to the provider, per inpatient day for each cost reporting year over the cost-settled payment rate for the previous cost reporting year, State Fiscal Year 2019 final cost per diem effective July 1, 2021, may not exceed the Centers for Medicare and Medicaid Services' published federal fiscal year market basket index relating to hospitals excluded from the prospective payment system, plus 1 percent.

(5) The rate stated in [§A(3)(c) and (4)] §A(2) and (3)(c) of this regulation shall be updated annually for each provider's cost reporting period by the Centers for Medicare and Medicaid Services' published federal fiscal year market basket index relating to hospitals excluded from the prospective payment system.

(6) Effective July 1, 2021, the rate stated in §A(2) and (3)(c) of this regulation shall be updated annually for each provider's cost reporting period by the Centers for Medicare and Medicaid Services' published federal fiscal year market basket index relating to hospitals excluded from the prospective payment system, plus 1 percent.

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

B.—I. (text unchanged)

DENNIS R. SCHRADER
Secretary of Health

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.36 General Medical Assistance Provider Participation Criteria

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

Notice of Proposed Action

[22-019-P]

The Secretary of Health proposes to adopt new Regulation .03-2 under COMAR 10.09.36 General Medical Assistance Provider Participation Criteria.

Statement of Purpose

The purpose of this action is to codify policies for the usage of the Department’s data management system (known as LTSSMaryland) and electronic visit verification (EVV) systems, which are used to provide and bill for services furnished to Medicaid participants, and to meet the requirements of the 21st Century Cures Act. Specifically, this proposal:

(1) Defines certain terms related to the data management system and EVV usage;

(2) Codifies the Program’s authority to establish system use and training requirements;

(3) Identifies provider training requirements for billing and system use; and

(4) Clarifies the terms under which the Department does not authorize provider payment recorded via EVV.

Comparison to Federal Standards

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

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jason Caplan, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 14, 2022. A public hearing has not been scheduled.

.03-2 Conditions for Participation — Data Management Systems and Electronic Visit Verification.

A. This regulation establishes standards for providers using Data Management systems.

B. Definitions.

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

(2) Terms Defined.

(a) “Data management system” means a health information technology solution used by the Maryland Department of Health (Department), its agents, providers, and Program participants that stores provider or participant protected health information (PHI) or personally identifiable information (PII) and related business processes.

(b) “Electronic visit verification (EVV)” means an electronic service entry method used to record service details, including but not limited to service type, provider and participant information, date of service, service delivery location, and beginning and ending times of service that meets the requirements of the 21st Century Cures Act, codified at 42 U.S.C. §1396b(l) and other State or federal guidelines.

(c) Electronic visit verification (EVV) services means services that are:

(i) Covered Medicaid services, according to the respective authority, including but not limited to the Medicaid State Plan, a Medicaid waiver program, or regulations; and

(ii) Required to be electronically recorded in the Department’s EVV system pursuant to 42 U.S.C. §1396b(l) and other State and federal laws, regulations, or guidance.

(d) "Preauthorized" means approved by the Department or its designee before services are rendered.

(e) "Worker" means:

(i) An individual who is employed by or contracts with a provider; and

(ii) For self-directed services, an individual who is paid by the program to provide direct care services to a participant.

C. Requirements for Using Data Management Systems. Providers shall:

(1) Register and credential all system users in the manner specified by the Department with valid and accurate information;

(2) Properly train all workers registered as system users on proper protocols for conducting system activities, including:

(a) Accurate entry of information into the system;

(b) Proper use of hardware and equipment required to use the system;

(c) EVV, including but not limited to recording and modifying billing entries, participant and provider information, or other records, in concordance with the policies and procedures issued by the Department; and

(d) Protection of protected health information in compliance with State and federal law, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA);

(3) Comply with the laws and regulations concerning the privacy and security of protected health information under State and federal law, including HIPAA; and

(4) Ensure that any provider-owned systems and devices responsible for sending, retrieving, or storing data from a State-operated data management system comply with all Department, State and federal regulations, policies, and procedures regarding information technology privacy and security.

D. Requirements for EVV Use.

(1) Agency providers and workers shall use the EVV method and data management system approved by the Department to:

(a) Meet the requirements of the 21st Century Cures Act, codified at 42 U.S.C. §1396b(l) and other State or federal guidelines; and

(b) Submit claims.

(2) The Department shall reimburse for EVV services if the service is:

(a) Electronically recorded through the EVV method and data management system approved by the Department in accordance with Department regulations, policies, and procedures;

(b) Preauthorized in the manner designated by the Department for the service type;

(c) Directly provided to the participant in-person, unless otherwise authorized by the Department; and

(d) Delivered in accordance with all applicable Department regulations, policies, and procedures for the service type.

(3) The Program does not cover EVV services provided:

(a) During periods of participant ineligibility;

(b) During time periods that overlap with the worker’s time period for the same or another participant unless otherwise authorized by the appropriate program authority for the service type; or

(c) During time periods that overlap with the same or another worker’s time period for the same participant unless otherwise authorized by the appropriate program authority for the service type.

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 18 HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS)

10.18.10 Urgent Maryland AIDS Drug Assistance Program

Authority: Health-General Article, §2-104(b) 2-104(j) 2-105(a) and 18-102(a) Annotated Code of Maryland

Notice of Proposed Action

[22-020-P]

The Secretary of Health proposes to repeal in their entirety Regulations .01—.09 under COMAR 10.18.10 Urgent Maryland AIDS Drug Assistance Program.

Statement of Purpose

The purpose of this action is to align COMAR with recent U.S. Health Resources and Services Administration (HRSA) recommendations regarding the application of Ryan White HIV/AIDS Programs (RWHAP) Part B funds to Maryland AIDS Drug Assistance Program (MADAP) clients that are ultimately determined to be ineligible or terminated from the program prior to confirmation of eligibility.

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 Jason Caplan, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 14, 2022. A public hearing has not been scheduled.

DENNIS R. SCHRADER
Secretary of Health

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 04 STATE HIGHWAY ADMINISTRATION

11.04.18 Joint Trenching of Broadband

Authority: Transportation Article, §8-654(e), Annotated Code of Maryland

Notice of Proposed Action

[22-027-P]

     The Administrator of the State Highway Administration proposes to adopt new Regulations .01—.03 under a new chapter, COMAR 11.04.18 Joint Trenching of Broadband.

Statement of Purpose

The purpose of this action is to establish minimum requirements and procedures for joint trenching of broadband for the Department of Transportation and certain local governments.

H.B. 1328 was passed by the Maryland General Assembly on April 9, 2021, and became effective July 1, 2021. H.B. 1328 outlines a framework for “joint trenching” of broadband-related infrastructure on MDOT or certain local government projects and requires MDOT to establish regulations for the permitting process and applicable fees for both MDOT and local governments.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. These regulations will create a process for telecommunications companies to “co-locate” broadband infrastructure with similar projects that MDOT or local governments undertake. Local governments are required to report certain information about eligible projects to MDOT for advertisement to telecommunications companies. It is not expected that the reporting requirement on local government will create a new expenditure since MDOT will handle the advertisement to telecommunications companies on the behalf of the local government.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency

(E+)

Minor

B. On other State agencies:

NONE

C. On local governments

(E+)

Minor

 

 

Benefit (+)
Cost (-)

Magnitude

 


 

D. On regulated industries or trade groups

(+)

Minor

E. On other industries or trade groups

(+)

Minor

F. Direct and indirect effects on public

(+)

Minor

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

A. and C. Any increase in expenditures by the issuing agency (MDOT) and local governments are limited to staff time to screen projects and provide notice to interested telecommunications providers to participate in joint trenching. Additionally, since MDOT will be hosting the list of telecommunications providers and handling the distribution of information on behalf of local governments, it is likely the staff resources to implement these regulations will be largely placed on MDOT and time invested by staff in local governments will be negligible

D.—F. Benefits to industry and the general public are the potential for broadband infrastructure to be deployed in a shared project with local governments, thus reducing overall costs for the provider and increasing the availability of broadband to the public.

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 Mitch Baldwin, State Legislative Manager, State Highway Administration, 707 North Calvert Street, Suite C-412, Baltimore, MD 21202, or call 410-545-0342, or email to mbaldwin2@mdot.maryland.gov. Comments will be accepted through February 14, 2022. A public hearing has not been scheduled.

.01 Definitions.

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

B. Terms Defined.

(1) “Broadband provider” means a telecommunications entity deploying broadband-related infrastructure such as conduit, fiber, or similar infrastructure.

(2) “Department” means the Department of Transportation, including the State Highway Administration, the Maryland Transportation Authority, and the Maryland Transit Administration.

(3) “Joint trenching” means the Department or a local government laying or installing conduit, fiber, or similar infrastructure concurrently with one or more broadband providers.

(4) Trenching.

(a) “Trenching” means a governmental construction project in which a highway right-of-way surface is opened or removed for the purpose of laying or installing conduit, fiber, or similar infrastructure for but not limited to broadband deployment in excess of 1 mile in length.

(b) “Trenching” does not include a project for construction or maintenance of a highway facility, including drainage or culvert work.

.02 Applicability.

This chapter applies to the Department and local governments that are located outside of the Washington Suburban Sanitary District.

.03 Procedures for Joint Trenching.

A. The Department shall maintain a list of broadband providers interested in joint trenching under this chapter on an opt-in basis via email to OOC_Utilities@mdot.maryland.gov.

B. As soon as is practicable once a local government’s trenching project plans are determined, a local government shall provide the location, scope, and nature of any trenching opportunity under this chapter to the Department for notification to interested broadband providers. Notice to the Department shall be sent via email to OOC_Utilities@mdot.maryland.gov.

C. The Department shall notify the list of broadband providers maintained by the Department of any eligible joint trenching opportunity under this chapter and include the date by which the broadband provider must express interest in participating in the trenching project. To express their interest in participation, broadband providers shall send an email to OOC_Utilities@mdot.maryland.gov. The Department shall provide necessary information for an interested broadband provider to apply for necessary permits or approvals from the Department or, in the case of a local government project, a point of contact within the local government to proceed with necessary permits or approvals.

D. A broadband provider shall comply with any other requirements of the Department or local government that would otherwise apply independent of joint trenching.

TIM SMITH
Administrator
State Highway Administration

 

Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 04 POLICE TRAINING AND STANDARDS COMMISSION

12.04.06 Instructor Training and Certification

Authority: Public Safety Article, [§3-208(a)] §§3-208 and 3-209, Annotated Code of Maryland

Notice of Proposed Action

[22-017-P]

The Police Standards and Training Commission proposes to amend Regulations .01 and .12 under COMAR 12.04.06 Instructor Training and Certification. This action was considered by the Police Training and Standards Commission at a public meeting held on October 6, 2021.

Statement of Purpose

The purpose of this action is to amend regulations within COMAR 12.04.06, Instructor Training and Certification, to require additional training for instructors who provide training to police officers attempting to qualify with and be authorized to use firearms 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 instructor training hours and rounds of fire needed for an instructor’s authorization to provide training on the use of a firearm equipped with a red dot sighting system 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 Standards and Training Commission, 6852 4th Street, Sykesville, MD 21784, or call 410-874-3600, or email to albert.liebno@maryland.gov, or fax to 410-875-3584. Comments will be accepted through February 14, 2022. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) "Commission" means the Maryland Police Training and Standards Commission or a representative authorized to act on behalf of the Commission.

(2) — (11) (text unchanged)

(12) Iron Sight.

(a) “Iron sight” means a system of shaped alignment markers, typically metal or plastic, that is 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.

[(12)] (13) [(14)] (15) (text unchanged)

[(15)] (16) 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.

[(16)] (17)[(18)] (19) (text unchanged)

(20) 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.

[(19)] (21) [(27)] (29) (text unchanged)

.12 Certification — Firearms Provisional Instructor, Line Instructor, and Firearms Instructor.

A. — C. (text unchanged)

D. Classroom Instruction, Firearms Training, and Firearms Qualification Course of Fire Requirements.

(1) (text unchanged)

(2) The following establishes minimum requirements for classroom instruction and firearms training and qualification course of fire for the certification of instructor classifications under this regulation:

 

Requirement

Handgun

Red Dot Sight

Type 1
Long Gun

Type 2
Long Gun

Type 3
Long Gun

Type 4
Long Gun

(a) Total minimum hours for classroom instruction, training and course of fire for qualification

35 hours

8 hours

35 hours

35 hours

14 hours

7 hours

24 hours when combined with red dot conversion

56 hours when also seeking certification for one handgun type and also a type 4 long gun;
65 hours when also seeking certification for two handgun types and also one long gun type, of a type 2, 3, or 4 long gun

35 hours when also seeking certification for one handgun type;
49 hours when also seeking certification for two handgun types

(b) Training and qualification courses of fire total minimum rounds to be discharged

350 rounds for one handgun type;
250 rounds each for two handgun types

200 rounds

600 rounds when combined with red dot conversion

150 rounds

350 rounds

350 rounds

50 rounds

(c) Qualification course of fire minimum rounds to be discharged

30 rounds

 

30

rounds

 

 

20 rounds

30 rounds

30 rounds

10 rounds

(d) Minimum passing score Commission-approved instructor qualification course of fire

90 percent

 

90 percent

100 percent

90 percent

90 percent

90 percent

(e) Minimum passing score each written test

80 percent

80 percent

80 percent

80 percent

80 percent

80 percent

 

(3) — (4) (text unchanged)

(5) Red Dot Sight classroom instruction and training required for an instructor level as established under §D(2) of this regulation includes, at a minimum, the following information and practical applications:

(a) Introduction to red dot sights and differences;

(b) Proper mounting and zeroing procedures;

(c) Maintenance of the device;

(d) Drawing and presentation — finding the dot (practical);

(e) Common malfunctions and inclement weather issues;

(f) Co-witnessing with iron sights (practical);

(g) Target-focused shooting (practical);

(h) Close quarters vs. distance techniques (practical);

(i) Identifying and fixing common red dot sight shooter errors; and

(j) Obscured sight techniques (practical).

[(5)] (6) [(6)] (7) (text unchanged)

TROY D. BERRY
Chair
Maryland Police Training and Standards Commission

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 12 EDUCATOR LICENSURE

Notice of Proposed Action

[22-002-P]

The Maryland State Board of Education and the Professional Standards and Teacher Education Board proposes to:

(1) Repeal existing Regulations .01—.14 and adopt new Regulations .01—.06 under COMAR 13A.12.01 General Provisions;

(2) Repeal existing Regulations .01—.29 and adopt new Regulations .01—.07 under COMAR 13A.12.02 Teachers;

(3) Repeal existing Regulations .01—.12 under COMAR 13A.12.03 Specialists and adopt new Regulations .01—.05 under a new chapter, COMAR 13A.12.03 Professional and Technical Education and Specialized Areas for Fine Arts;

(4) Repeal existing Regulations .01—.16 under COMAR 13A.12.04 Administrators and Supervisors and adopt new Regulations .01—.15 under a new chapter, COMAR 13A.12.04 Specialists;

(5) Repeal existing Regulations .01—.08 under COMAR 13A.12.05 Suspensions and Revocations and adopt new Regulations .01—.15 under a new chapter, COMAR 13A.12.05 Administrators and Supervisors;

(6) Repeal existing Regulations .01—.08 under COMAR 13A.12.06 Professional Standards and Teacher Education Board and adopt new Regulations .01—.09 under a new chapter, COMAR 13A.12.06 Disciplinary Actions and Denials; and

(7) Adopt new Regulations .01—.08 under a new chapter, COMAR 13A.12.07 Professional Standards and Teacher Education Board.

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 adopt regulations in accordance with The Blueprint for Maryland’s Future and the Teacher Induction, Retention, and Advancement Final Report (2017).

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 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 14, 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.

 

13A.12.01 General Provisions

Authority: Education Article, §§2-205, 2-303(g), and 6-701—[6-706] 6-708, 8-3A-03, and 8-701--8-708[; Family Law Article, §10-119.3;], Annotated Code of Maryland

.01 Purpose.

Licensure is established to offer assurance to the citizens of this State that professional public educational staff possess the minimum essential knowledge and skills needed to achieve outcomes for public education declared by the State Board of Education, and maintain competent practice through career long-engagement with their content area, research, best practice, and expert opinion.

.02 Definitions.

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

B. Terms Defined.

(1) “Accredited nonpublic school” means a nonpublic school accredited by a national organization or regional organization.

(2) “Approved nonpublic school” means a nonpublic school approved by a state department of education.

(3) “Bilingual Education” means the teaching of academic content in two languages: a native and second language.

(4) “Certificate” is the term for an educator credential issued by the Department. The term certificate has been replaced by the word license.

(5) “Class” means a period allocated for lessons during a school day.

(6) “Conditional license” means a non-renewable license issued while the applicant pursues a pathway to professional licensure.

(7) “Content course work” means course work completed in academic disciplines as differentiated from pedagogical course work.

(8) “Continuing education units (CEUs)” means credit issued from an accredited International Association for Continuing Education and Training provider, or approved by another Maryland State agency for purposes of licensure.

(9) “Continuing professional development (CPD) credit” means credit earned through continuing professional development experiences approved by the Department.

(10) “Crime against children” means any crime defined in Criminal Law Article, §3-601, Annotated Code of Maryland.

(11) “Crime of violence” means any crime as defined in Criminal Law Article, §14-101, Annotated Code of Maryland.

(12) “Culturally Responsive Teaching” means pedagogy that recognizes the importance of including students’ cultural references in all aspects of learning.

(13) “Department” means the Maryland State Department of Education.

(14) “Educator” means an individual who holds a license in an area of teaching, Professional and Technical Education, specialized areas for fine arts, specialist, administrator or supervisor.

(15) “Effective performance” means professional, full-time experience as a specialist, administrator, or supervisor in a public school system, approved nonpublic school, or accredited nonpublic school for which the annual overall evaluation rating is at least effective or equivalent.

(16) “Effective teaching experience” means professional, full-time experience as a teacher in a public school, approved nonpublic school, or accredited nonpublic school for which the annual overall evaluation rating is at least effective or equivalent.

(17) “English as a Second Language (ESOL)” means the practice and theory of learning and teaching English to students of which English is not the native language.

(18) “English Language Learners (ELL)” means students who come from non-English speaking homes and who are learning English.

(19) “Full-time teaching experience” means a period of not less than 9 consecutive months as the responsible teacher in a classroom pursuant to an appointment requiring service for 50 percent or more of the school week or the equivalent.

(20) “Higher degree” means a degree earned that is higher than a bachelor’s degree such as a Ph.D., Ed.D., Ed.S., master’s degree, J.D., M.D., D.D.M., D.D.S., or L.L.M.

(21) “Historic Professional Certificate” means a previously issued certificate or area of certification that no longer exists.

(22) “Historic Professional License” means a license or area of licensure that no longer exists.

(23) “Individual professional development plan (IPDP)” means a plan developed in partnership with a supervisor, if employed, to provide appropriate and relevant professional learning.

(24) “Initial license” means the first Maryland professional license issued to an educator.

(25) “Internship” means a supervised period of clinical experience offered by an educator preparation program designed to allow pre-service teachers to practice and refine their teaching skills.

(26) “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.

(27) “License” means an educator credential issued by the Department, which allows the holder to practice the area(s) of licensure noted.

(28) “Local school system (LSS)” means a Maryland public school system.

(29) “Long-term substitute experience” means full-time, continuous substitute teaching service rendered in the same classroom for not less than 3 months.

(30) “Member state” means a state that participates in the Interstate Certification Compact (ICC).

(31) “Micro-credential” means a digital form of certification indicating the demonstration of competency/mastery in a specific skill or set of skills.

(32) “Nonpublic school approved under COMAR 13A.09.09” means a school that is issued a Certificate of Approval by the State Board, excluding the federal government or any State, county, or municipal agency or division of these, to operate an educational program in a nonpublic kindergarten, elementary school, and secondary school.

(33) “Nonpublic school approved under COMAR 13A.09.10” means:

(a) An entity which is responsible for governing and operating a school that provides a Type I, Type II, Type III educational program in a facility licensed by a unit of State government to provide treatment of care, or both; or

(b) Educational programs that provide special education to children in a nonpublic school in accordance with Education Article, §8-406, Annotated Code of Maryland.

(34) “Occupational experience” means experience gained while employed performing in the career area to be taught.

(35) “Pedagogy” means the method and practice of teaching.

(36) “Performance Review Program” means the scheduled review of educator performance and provision of supports to ensure quality of teaching.

(37) “Professional and Technical Education” means areas of study which include skilled trades, applied sciences, modern technologies, and career preparation.

(38) “Professional conference” means a workshop, institute, or seminar of 4 or more hours that contributes to ongoing, sustained, and high-quality professional development.

(39) “Professional development activity” means an activity, approved by the Department, local school system, State Agency, Maryland-approved nonpublic school, or another state department of education, that improves the professional knowledge, competence, skill, or effectiveness of the license holder.

(40) “Professional Development Point (PDP)” means a unit used to renew teacher licenses earned through completion of specific professionally aligned tasks and assignments.

(41) “Professional education course work” means course work dealing with the knowledge and process of teaching to prepare to become a teacher, as differentiated from content course work.

(42) “Professional licensure” means holding a Temporary Professional, Initial Professional, Professional, or Advanced Professional License.

(43) “Reinstatement” means restoration of an expired license.

(44) “Renewal” means the extension of the validity period of a license.

(45) “Required grade” means a grade of C or better, pass, or satisfactory.

(46) “Resident Teacher License” means a certificate issued to a candidate enrolled in an alternative teacher preparation program.

(47) “School” means a public school, an approved nonpublic school, or an accredited nonpublic school.

(48) “Sheltered English instruction” means an instructional approach that engages English Language Learners (ELL) in developing grade-level content-area knowledge, academic skills, and increased English proficiency.

(49) “Specialist” means an individual licensed under COMAR 13A.12.04.

(50) “Teaching endorsement” means a teaching area added to a professional license of an educator who has met the qualifications of COMAR 13A.12.02.02B.

.03 Licensure Requirements of Education Personnel.

A. The regulations in this subtitle are established as licensure standards for personnel educating students in a Maryland local school system, a State-operated school, and a nonpublic school approved under COMAR 13A.09.10.

B. A local school system, State-operated school, and approved nonpublic school approved under COMAR 13A.09.10 may establish additional requirements as a condition of employment.

C. Personnel Subject to Licensure.

(1) Teachers, specialists, administrators, and supervisors employed in a Maryland local school system, a State-operated school, and a nonpublic school approved under COMAR 13A.09.10 are subject to licensure.

(2) Teachers. A teacher employed in an early childhood, elementary, PreK—12 or secondary school program shall hold an appropriate license under COMAR 13A.12.02.

(3) Professional and Technical Education/Specialized Areas for Fine Arts. A Professional and Technical Education teacher or Specialized Area of Fine Arts teacher employed in an early childhood, elementary, PreK—12 or secondary school program shall hold an appropriate license under COMAR 13A.12.03.

(4) Specialists. A specialist employed in an early childhood, elementary, PreK—12 or secondary school program shall hold an appropriate license under COMAR 13A.12.04 or a license in certain areas as otherwise provided in State law.

(5) Administrators and Supervisors. Administrators and supervisors who have direct contact with students, who have responsibility for curriculum development, or who have responsibility for supervision of instruction shall meet the requirements for a professional license under COMAR 13A.12.05.

.04 Issuance and Types of Licenses.

A. Application Procedure.

(1) To obtain licensure in a specific area, an applicant, or local school system on behalf of the applicant, shall submit an application and documentation as required by the Department.

(2) Documentation shall be evaluated by the Department, or its designee, and if the applicant satisfies the requirements, the license shall be issued.

(3) An applicant shall present official transcripts verified to the satisfaction of the Department.

(4) An applicant shall present test scores to the Department in one of the following ways:

(a) Directly from the testing company;

(b) By notation on an official transcript;

(c) By verification from a college or university;

(d) By verification from a state department of education; or

(e) With the applicant’s original score report or a copy of the score report verified to the satisfaction of the Department.

(5) The file of an applicant for licensure who is not eligible for a license shall be maintained by the Department for 1 year from the date of the last correspondence, at which time the applicant must reapply.

(6) It is the responsibility of the licensed individual to maintain the validity of the license and to provide the Department with current information including name, email address, mailing address, and phone number.

B. Fee. The fee for the initial issuance and renewal of a license is provided in Education Article, §6-704(b), Annotated Code of Maryland, and shall be made payable to the Maryland State Department of Education by money order, certified check, cashier’s check, or electronic payment.

C. Types of Educator Licenses.

(1) Conditional License. The conditional license is a nonrenewable license valid for a period not to exceed 5 years issued only for licenses under COMAR 13A.12.02.02A and 13A.12.03.02A.

(2) Resident Teacher License. The Resident Teacher license is valid for a period not to exceed 3 years issued only for licenses under COMAR 13A.12.02.02A.

(3) Temporary Professional License. The Temporary Professional License is a nonrenewable license valid for a period not to exceed 2 years and issued only for licenses under COMAR 13A.12.02.02A and 13A.12.03.02A.

(4) Initial Professional License. The Initial Professional License is a renewable license valid for a period not to exceed 5 years.

(5) Professional License. The Professional License is a renewable license valid for a period not to exceed 5 years.

(6) Advanced Professional License. The Advanced Professional License is a renewable valid for a period not to exceed 5 years.

(7) Adjunct Teacher License. The Adjunct Teacher License is a renewable license valid for a period not to exceed 1 year issued only for licenses under COMAR 13A.12.02.02A and 13A.12.03.02A.

D. A historic Maryland license may not be issued as an initial license.

E. Effective Dates of Licenses.

(1) Issuance of an Initial License.

(a) A license will be effective from the date of hire until the last day of the validity period.

(b) Those applicants who are not currently employed in a local school system, state-operated school, or nonpublic school approved under COMAR 13A.09.10, shall be issued a license that is valid from the date of approval until the last day of the validity period.

(2) Multiple Licenses. Educators may hold multiple licenses. The validity period for an additional license is the same as the initial license and will be renewed when the initial license is renewed.

(3) Teaching Endorsements. An individual who meets the qualification for initial licensure under COMAR 13A.12.02.02B may add additional teaching endorsements to the existing license. The validity period for an endorsement is the same as the initial license and will be renewed when the initial license is renewed.

(4) Reinstatement of an expired license. A reinstated license shall be valid from the date of approval until the last day of the validity period.

F. Deactivate a License or Teaching Endorsement.

(1) An educator may request, in writing, to deactivate a license or teaching endorsement.

(2) The educator shall meet the current regulatory requirements if they wish to hold that license and/or teaching endorsement in the future.

(3) An educator may not request the deactivation of a license to avoid disciplinary action.

G. Licensure Plan. A licensure plan may be issued to an applicant who does not meet the qualifications for a license.

(1) A licensure plan shall be effective for a 3-year period.

(2) If an applicant fails to satisfy the requirements for a professional license within the 3-year period, the applicant shall meet the requirements of the current applicable regulation.

.05 Reinstatement of an Expired Professional License.

A. General.

(1) An educator may not be employed under an expired license.

(2) An educator who holds an expired Maryland Initial Professional, Professional, or Advanced Professional license in a teaching area may reinstate that license if the educator presents the professional development requirements under COMAR 13A.12.02.05.

(3) An educator who holds an expired Maryland Initial Professional, Professional, or Advanced Professional license in an area of professional and technical education or specialized area of fine arts may reinstate that license if the educator presents the professional development requirements under COMAR 13A.12.03.05.

(4) An educator who holds an expired Maryland Professional or Advanced Professional license in a specialist area may reinstate that license if the educator presents the professional development requirements under COMAR 13A.12.04.15.

(5) An educator who holds an expired Maryland Professional or Advanced Professional license in an administrator area may reinstate that license if the educator presents the professional development requirements under COMAR 13A.12.05.15.

B. Exemption. A teacher holding an expired Maryland Initial Professional, Professional, or Advanced Professional license who presents a valid professional license issued by a member state, may reinstate the Maryland license.

C. Historic Professional Certificate or License.

(1) An educator who holds an expired Maryland Professional Eligibility Certificate or Standard Professional Certificate and meets the requirements to reinstate a Maryland license under §§A and B of this regulation, shall be issued an Initial Professional or Professional License.

(2) An educator who holds an expired Maryland Advanced Professional Certificate and meets the requirements to reinstate a Maryland license under §§A and B of this regulation, shall be issued an Advanced Professional License.

(3) An educator who allows a license to expire that includes a historic area may not reinstate that area.

.06 Waiver of Licensure Requirements.

A. Waiver of Licensure Requirements. Except for educator licensure tests, the State Superintendent of Schools or designee may waive the specific requirements for a certificate in an individual case if it is determined, after thorough investigation, that the applicant’s preparation or experience, or both, are adequate to justify a waiver.

B. Senior Educator Waiver. Renewal requirements for any professionally licensed employee of a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10, may be waived if:

(1) The professionally certificated employee is:

(a) 55 years old or older; or

(b) Employed in public or approved nonpublic school service for at least 25 years; and

(2) The request is recommended by the county superintendent, executive director, or chief officer of the legal authority having jurisdiction over the employee.

 

13A.12.02 Teachers

Authority: Education Article, §§2-205, 2-303(g), 6-701—[6-705] 6-708, 8-3A-03, and [8-303] 8-701—8-708, Annotated Code of Maryland

.01 Purpose.

A teacher employed in an early childhood, elementary, PreK—12 or secondary school program shall hold an appropriate license under COMAR 13A.12.02.

.02 Licenses and Pathways for Teachers.

A. Types of Teacher Licenses.

(1) Temporary Professional.

(a) The Temporary Professional Teacher License is valid for 2 years and may not be renewed.

(b) An applicant who has completed an out of state teacher preparation program or holds a valid out of state professional license but has not submitted passing scores on Maryland teacher licensure tests may request a Temporary Professional Teacher License.

(c) An educator may be issued a Temporary Professional License under COMAR 13A.12.02.03A(3) as a result of failure to meet the renewal requirements of a professional license.

(2) Initial Professional.

(a) The Initial Professional Teacher License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .03 of this chapter.

(b) An applicant who has met the requirements of one of the pathways to licensure under §B of this regulation is eligible for an Initial Professional Teacher License.

(3) Professional.

(a) The Professional Teacher License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .03 of this chapter.

(b) An applicant who has met the requirements of one of the pathways to licensure under §B of this regulation may be eligible for a Professional Teacher License if they submit the following requirements:

(i) Completion of a Maryland induction program under COMAR 13A.07.01; and

(ii) Verification of 3 years of effective teaching performance.

(4) Advanced Professional.

(a) The Advanced Professional Teacher License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .03 of this chapter.

(b) An applicant who has met the requirements of one of the pathways to licensure under §B of this regulation may be eligible for an Advanced Professional Teacher License if they meet the requirements for the Professional Teacher License under §A(3) of this regulation and submit one of the following:

(i) A master’s or higher degree;

(ii) At least 30 semester hours of post baccalaureate credit; or

(iii) A National Board Certificate issued by the National Board for Professional Teaching Standards.

(5) Conditional.

(a) A conditional license is valid for 5 years and may not be renewed.

(b) A local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall request a conditional license only if the school is unable to fill a position with a person who qualifies for a license under §B(1)—(3) of this regulation, if the person meets the following requirements:

(i) Possession of a bachelor’s degree or higher; and

(ii) Passing scores on an approved basic skills assessment or a minimum Grade Point Average of 3.0 on their most recent degree.

(c) An applicant who is issued a conditional license shall pursue a pathway to professional licensure under §B of this regulation.

(6) Resident Teacher.

(a) The Resident Teacher License is valid for 3 years and may not be renewed.

(b) An alternative teacher preparation program approved under COMAR 13A.07.06, shall request a Resident Teacher License for a candidate prior to placement in a resident teacher assignment.

(c) The candidate shall submit passing scores on an approved basic skills assessment or a minimum Grade Point Average of 3.0 on their most recent degree prior to issuance of the Resident Teacher License.

(d) The candidate shall possess a bachelor’s degree or higher and shall submit evidence of one of the following prior to issuance of the Resident Teacher License:

(i) A conferred bachelor’s degree or higher with a major related to the program licensure area;

(ii) A conferred bachelor’s degree or higher with a minimum of 30 semester hours of credit related to the licensure area; or

(iii) Evidence of a qualifying score on an approved content assessment, as established by the State Superintendent of Schools and as approved by the State Board of Education.

(7) Adjunct Teacher.

(a) The Maryland State Department of Education may issue an adjunct license upon the request of a local school system superintendent or an education director of a nonpublic school approved under COMAR 13A.09.10.

(b) The request for an adjunct license shall include:

(i) The name and credentials of the individual;

(ii) The course name and content to be taught; and

(iii) An explanation as to why the position cannot be filled by a qualified licensed educator.

(c) The adjunct license is nontransferable between local school systems.

(d) A local school system or nonpublic school may not employ an individual who holds an adjunct license as a full-time employee.

(e) An applicant for an adjunct license shall:

(i) Hold a high school diploma or its equivalent;

(ii) Hold an industry license, when applicable for the profession; and

(iii) Have 5 years of satisfactory occupational experience in the field to be taught.

(f) An individual who is issued an adjunct license shall be provided with the following, by the employing local school system or nonpublic school:

(i) A professionally licensed mentor;

(ii) Side-by-side coaching or co-teaching with a professionally licensed teacher;

(iii) A minimum of 45 hours of professional development, with 30 hours delivered prior to entry to the classroom and the remainder to be delivered throughout the school year; and

(iv) Evaluations of the individual’s teaching effectiveness.

(g) The adjunct license issued in accordance with this regulation is valid for a 1-year period and may be renewed upon the request of the local school system or nonpublic school.

B. Pathways to Teacher Licensure.

(1) In-State Pathways to Initial Teacher Licenses.

(a) Maryland Approved Program. Teacher candidates who complete a Maryland approved educator preparation program as set forth in COMAR 13A.07.06 shall meet the following requirements:

(i) Bachelor’s degree or higher;

(ii) Completion of an approved program as set forth in COMAR 13A.07.06;

(iii) Passing scores as established by the State Superintendent of Schools on the content and pedagogy teacher licensure tests approved by the State Board of Education; and

(iv) Minimum Grade Point Average of 3.0 on the most recently earned degree.

(b) Performance Review Program. Teacher candidates who hold a conditional license and are hired as a teacher of record may complete a Performance Review Program through a Department-approved provider. Candidates seeking licensure under the Performance Review Program route shall meet the following eligibility requirements to enter the program:

(i) Bachelor’s degree or higher related to the field of the license sought;

(ii) Possession of a conditional license in the field and at the grade level of the license sought;

(iii) At least 3 school years of employment in the role of the conditional license issued under §A(4) of this regulation;

(iv) Documentation of seminars, courses, and experiences relevant to the Professional Standards and Maryland Competencies for Teachers in COMAR 13A.07.06;

(v) A recommendation from the principal, or education director of the current school, local school system, or nonpublic school approved under COMAR 13A.09.10 where the candidate is employed under the conditional license in the role of the license sought;

(vi) Completion of an induction and mentoring program as set forth in COMAR 13A.07.01; and

(vii) Passing scores as established by the State Superintendent of Schools on the teacher licensure tests approved by the State Board of Education.

(c) Experienced Nonpublic School Teacher. Experienced teacher candidates working in Maryland nonpublic schools approved under COMAR 13A.09.09 shall meet the following requirements:

(i) Bachelor’s degree or higher related to the field of the license sought;

(ii) Verification of 5 years of effective teaching experience in the field and at the grade level of the license sought at a Maryland nonpublic school approved under COMAR 13A.09.09;

(iii) Passing scores as established by the State Superintendent of Schools on the content and pedagogy teacher licensure tests approved by the State Board of Education; and

(iv) Minimum Grade Point Average of 3.0 on the most recently earned degree.

(2) Out of State Pathways to Initial Teacher License.

(a) Out of State Teacher Preparation Program. Teacher candidates who complete a teacher preparation program in another state or foreign country shall meet the following requirements:

(i) Bachelor’s degree or higher, or a U.S. equivalent for a foreign degree;

(ii) Complete a teacher preparation program, to include a clinical internship, approved to lead to licensure in another state or foreign country, in the license area being sought;

(iii) Passing scores as established by the State Superintendent of Schools on the content and pedagogy teacher licensure tests approved by the State Board of Education; and

(iv) Minimum Grade Point Average of 3.0 on the most recently earned degree.

(b) Out of State License. Teacher candidates who hold a valid professional license/certificate from another state or foreign country shall meet the following requirements:

(i) Bachelor’s degree or higher, or a U.S. equivalent for a foreign degree;

(ii) Valid, professional license or certificate from another state or foreign country in the license area being sought; and

(iii) Passing scores as established by the State Superintendent of Schools on the teacher licensure tests approved by the State Board of Education.

(c) National Board Certificate. Teacher candidates who hold a National Board Certificate shall meet the following requirements:

(i) Bachelor’s degree or higher; and

(ii) National Board Certificate issued from the National Board for Professional Teaching Standards, for which a comparable Maryland license exists.

C. Special Provisions.

(1) Credits from institutions in other countries shall be evaluated for comparability of degree and course work by an independent agency authorized to analyze foreign credentials and designated by the Department. The evaluation is final.

(2) Passing scores, as established by the State Superintendent of Schools on a basic skills licensure test approved by the State Board of Education, may be submitted in lieu of a 3.0 Grade Point Average.

.03 Renewal of a Teacher License.

A. General.

(1) An applicant who receives a license is responsible for initiating the renewal of the license.

(2) Renewal requirements shall be received by the Department prior to the expiration date of the license in order to be considered continuous.

(3) Failure to Meet Requirements. Failure to meet the requirements of this section results in loss of the license.

(4) A local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 may request a Temporary Professional License pursuant to Regulation .02A(2) of this chapter for an employee who fails to meet the renewal requirements of the Initial Professional, Professional, or Advanced Professional license.

B. Professional Development Requirements. The Initial Professional, Professional, and Advanced Professional license may be renewed for successive 5-year terms upon the successful completion of the requisite number of professional development points (PDPs) as set forth in Regulation .05 of this chapter based on an individual professional development plan as set forth in Regulation .04 of this chapter that is designed to improve teaching and student learning and that is approved, if required, by the educator’s supervisor.

C. Application Process.

(1) An educator may renew their Initial Professional, Professional License, or Advanced Professional License by submitting the individual professional development plan, renewal application, fee, and verification of completion of all renewal requirements of this chapter.

(2) Persons employed by a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10, shall submit documentation directly to the employer.

(3) Persons who are not employed by a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall submit documentation directly to the Department.

D. Senior Educator Waiver. Renewal requirements for any professionally licensed employee of a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10, may be waived if:

(1) The professionally certificated employee is:

(a) 55 years old or older; or

(b) Employed in public or approved nonpublic school service for at least 25 years; and

(2) The request is recommended by the county superintendent, executive director, or chief officer of the legal authority having jurisdiction over the employee.

.04 Individual Professional Development Plans.

A. Individual Professional Development Plans.

(1) An individual professional development plan shall be in place for each of the 5 years of validity for each Initial Professional, Professional, and Advanced Professional license issued to an educator.

(2) An individual professional development plans shall include a minimum of 90 professional development points as set forth in Regulation .05 of this chapter, to renew the educator’s License.

(3) Educators who are not employed with a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 are responsible for developing their own individual professional development plan.

B. Approval of an Individual Professional Development Plan.

(1) Educators working in a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall obtain approval of their proposed individual professional development plan from their supervisors.

(2) Approval for proposed individual professional development plans shall be from the educator’s supervisor, or an appropriate designee.

(3) Educators shall obtain initial approval of their individual professional development plan within 6 months of issuance of the license to be renewed.

(4) Supervisor Review.

(a) A supervisor shall review the existing individual professional development plan of any educator new to the district or school within 3 months of the educator’s beginning employment in the new position.

(b) A supervisor may require an educator to amend the plan or may withdraw approval for a plan that had been previously approved, provided, however, that any professional development points that were earned consistently with an approved plan shall be deemed approved in applying for license renewal.

(5) Signatures.

(a) Prior to applying to renew an Initial Professional, Professional, and Advanced Professional license, educators shall obtain a signature from a current supervisor.

(b) A supervisor’s signature will indicate that the supervisor has reviewed the log of professional development activities maintained by the educator to ensure that the reported activities are consistent with the approved individual professional development plan.

(c) The educator remains responsible for the final accounting of professional development points applied towards license renewal.

(d) An educator whose supervisor refuses to sign an individual professional development plan may follow the review procedures set forth in §B(7) of this regulation.

(6) Approval of an individual professional development plan shall not be unreasonably withheld by a supervisor.

(7) In the event that a plan is rejected by a supervisor, an educator may seek review of the denial from:

(a) The superintendent of schools, or designee, if employed with a local school system;

(b) The Chief Officer of the Legal Authority, or designee, if employed with a nonpublic school approved under COMAR 13A.09.10; or

(c) The Executive Director, or comparable position, if employed with a State-operated school.

.05 Professional Development Points.

A. Professional Development Point (PDP). Professional development activities shall be measured as follows:

(1) 1 clock hour is equivalent to one PDP.

(2) 1 semester hour is equivalent to 15 PDPs.

(3) One Department-approved continuing professional development credit is equivalent to 15 PDPs.

(4) One continuing education unit is equivalent to ten PDPs.

B. Educators applying to renew an Initial Professional, Professional, or Advanced Professional License are required to complete a minimum of 90 PDPs to include:

(1) Content related to an area on the educator’s license;

(2) Pedagogy;

(3) English as a Second Language, Sheltered English, or Bilingual Education;

(4) Strategies for teaching students with disabilities or diverse learning styles; and

(5) Culturally Responsive Teaching or diversity in education.

C. Additional Requirements. Teachers who hold a license in the area of the Blind/Visually Impaired shall present a minimum of 15 PDPs in braille maintenance.

D. Professional development points may be accrued by the completion of one of more of the following:

(1) College credit earned or taught at an accredited institution of higher education.

(2) Continuing professional development (CPD) credits, earned or taught, approved by the Department.

(3) Continuing education units (CEUs) from an accredited International Association for Continuing Education and Training provider or approved by another Maryland State agency for purposes of licensure.

(4) Professional conference. A professional conference is a workshop, institute, or seminar of 4 or more hours that contributes to ongoing, sustained, and high-quality professional development.

(5) Curriculum Development.

(a) Curriculum development is a group activity in which the license holder contributes to the improvement of the curriculum of a school, a school division, or an educational institution.

(b) This includes the alignment of curriculum frameworks, instructional materials, and assessments to provide a system with clear expectations of what is to be taught and learned.

(c) For each curriculum developed, the educator will be awarded up to 30 PDPs.

(6) Publication of a book or article.

(a) The book or article shall contribute to the education profession or to the body of knowledge of the license holder’s teaching area or instructional position.

(b) An article shall be published in a recognized professional journal.

(c) Books shall be published for purchase.

(d) For each book published, the educator will be awarded up to 75 PDPs. For each article published, the educator will be awarded up to 10 PDPs.

(7) Mentorship.

(a) Mentoring is the process by which an experienced professional who has received mentorship training provides assistance to one or more persons for the purpose of improving their performance.

(b) Assistance may involve role modeling, direct instruction, demonstration, observation with feedback, developing of plans, and consultation to promote instructional excellence and increased student achievement.

(c) Mentoring may include the supervision of a field experience of a pre-service student teacher or an intern in an approved teacher preparation program, as well as mentoring as part of the induction process for a beginning teacher.

(8) Micro-Credentials.

(a) Micro-credentials are a digital form of certification indicating demonstrated competency/mastery in a specific skill or set of skills.

(b) Educators identify a competency they want to develop, submit evidence that they have mastered the competency, and receive a digital badge once the evidence is approved.

(c) Micro-credentials can be earned by non-profit and for-profit entities approved by the local school system, State-operated school, nonpublic school, or the Department.

(d) For each micro-credential earned, the educator will be awarded up to 10 PDPs.

(9) Professional development activity.

(a) Professional development activities approved by the Department, Maryland local school system, State Agency, Maryland approved nonpublic school, or another state department of education, will be accepted.

(b) Each activity shall be a minimum of 1 contact hour.

E. An educator who earns a National Board Certificate from the National Board of Professional Teaching Standards may present that certificate at the time of the subsequent renewal of their Maryland Educator License as a substitute for §B of this regulation.

.06 Teaching Endorsements.

A. An individual who meets the qualification for initial licensure under Regulation .02B of this chapter may add an additional teaching endorsement by meeting one of the following requirements:

(1) Submit a qualifying score, as established by the State Superintendent of Schools, on the content-specific test(s) approved by the State Board of Education.

(2) Obtain 30 content credits as follows:

(a) For elementary or early childhood education, obtain 30 credits distributed across the four content areas of English, social studies, math, and science, with at least 6 credits in each content area. The remaining credits 6 credits may be in content-related areas;

(b) For secondary, middle school, prekindergarten — 12 education, obtain 30 credits at least 15 of which are in the area for which the new certification is sought and 15 of which are in content-related areas; or

(c) For special education, obtains 30 credits of which at least 15 credits are in the age-appropriate area of special education and 15 are in related areas.

(3) Meet the requirements for initial licensure under Regulation .02B of this chapter.

B. Exceptions.

(1) To receive an endorsement in Elementary Education, Early Childhood Education, English for Speakers of Other Languages, and Generic Special Education, an educator shall qualify under §A of this regulation and submit a passing score on a reading instruction test, approved by the State Board of Education.

(2) To receive an endorsement in Deaf and Hard of Hearing or Blind/Visually Impaired, an educator shall meet the requirements for initial licensure under Regulation .02B of this chapter.

C. Certain areas of licensure require that the educator hold an existing teacher license and shall only be added as an endorsement, as follows:

(1) Mathematics Instructional Leader Grades PreK—6. To add Mathematics Instructional Leader, grades PreK—6, an applicant shall:

(a) Hold a valid, professional license;

(b) Complete a minimum of 18 semester hours of post-baccalaureate credit, or Department-approved continuing professional development credits, which include the following areas:

(i) Content knowledge for teaching mathematics, including numbers and operations, algebra and functions, geometry and measurement, and data analysis and probability;

(ii) Pedagogical knowledge for teaching mathematics, including learners and learning, teaching, curriculum, and assessment;

(iii) Leadership knowledge and skills; and

(iv) At least 3 semester hours or the equivalent in a supervised practicum or school-based internship in which the applicant works with a range of students in grades PreK—6 and adult learners in a variety of professional development settings; and

(c) Present verification of 27 months of satisfactory teaching experience including mathematics.

(2) Mathematics Instructional Leader Grades 4-9. To add Mathematics Instructional Leader, grades 4—9, an applicant shall:

(a) Hold a valid, professional license in Middle School Mathematics;

(b) Complete a minimum of 21 semester hours of post-baccalaureate credit, or Department-approved continuing professional development credits, which include the following areas:

(i) Content knowledge for teaching mathematics, including number and operations, algebra and functions, geometry and measurement, data analysis and probability, calculus, and discrete mathematics;

(ii) Pedagogical knowledge for teaching mathematics, including learners and learning, teaching, curriculum, and assessment;

(iii) Leadership knowledge and skills; and

(iv) At least 3 semester hours or the equivalent in a supervised practicum or school-based internship in which the candidate works with a range of students in grades 4—9 and adult learners in a variety of professional development settings; and

(c) Present verification of 27 months of satisfactory teaching experience including mathematics.

(3) Instructional Leader: STEM Grades PreK—6. To add Instructional Leader: STEM, grades PreK—6, an applicant shall:

(a) Hold a valid, professional license in early childhood education or elementary education;

(b) Complete a minimum of 12 semester hours of post-baccalaureate credit or Department-approved continuing professional development credits, to include the following:

(i) 12 semester hours in STEM education which integrates a balance of authentic problem-based and project-based learning;

(ii) Essential skills including questioning, spatial reasoning, communication, critical thinking, and problem solving;

(iii) Engineering design process;

(iv) Application of scientific practices and content;

(v) Application of mathematical practices and content;

(vi) Technology literacy; and

(vii) Collaborative learning;

(c) Complete 3 semester hours or the equivalent in leadership knowledge and skills in providing professional learning in a school/district setting;

(d) Complete at least 3 semester hours or the equivalent in a supervised practicum or school-based internship in which the applicant works with a range of students in grades PreK—6 and adult learners in a variety of professional development settings; and

(e) Present verification of 27 months of satisfactory teaching experience.

(4) Severe and Profound Disabilities. To add a Severe and Profound Disabilities endorsement, an educator shall meet the following requirements:

(a) Special Education Licensure. The applicant shall meet the requirements for licensure in generic special education at any age/grade level; and

(b) Content and Professional Education Courses. The applicant shall have:

(i) 3 semester hours in human growth and development emphasizing knowledge of the developmental characteristics (physical, biological, cognitive—learning, and social/emotional) of the severely and profoundly disabled as part of or in addition to the requirement in Regulation .20B(2) of this chapter;

(ii) 6 semester hours in assessment, diagnosis, and prescriptive techniques emphasizing specialized knowledge, interpretation and application of appropriate assessment, diagnostic and prescriptive methods to evaluate and develop programs geared toward the individualized needs of the severely and profoundly disabled;

(iii) 6 semester hours in curriculum and instructional methods emphasizing specialized strategies, techniques, materials, and adaptations appropriate to the instruction of the severely and profoundly disabled; and

(iv) 6 semester hours in practicum with students with severe and profound disabilities or 2 years of successful teaching experience with students with severe and profound disabilities.

(5) Work-Based Learning Coordinator Grades 7-12. To add Work-Based Learning Coordinator, an educator shall meet the following requirements:

(a) Hold a professional license in a secondary teaching area or PreK—12 teaching area;

(b) Complete 6 semester hours of content course work taken at an accredited institution of higher education or through CPDs, with a minimum of 3 semester hours in each of the following content areas:

(i) Organizing, coordinating, and marketing of work-based learning programs; and

(ii) Instructional management and curriculum development for work-based learning programs; and

(c) Complete a work experience requirement through any of the following:

(i) Documented evidence of employment equivalent to a minimum of 1,000 hours of satisfactory, wage-earning, nonteaching occupational experience;

(ii) Documented evidence of employment equivalent to a minimum of 1,000 hours which shall include 500 hours of satisfactory, wage-earning, nonteaching occupational experience and 500 hours of self-employment;

(iii) Participating in a supervised and approved teacher externship experience of at least 150 hours, to include all aspects of the industry in accordance with the local school system guidelines for work-based learning coordinator externships at a work site approved by the local school system; or

(iv) Complete 3 semester hours of content course work in contemporary workplace practices taken at an accredited institution of higher education through CPDs that includes site visits to business and industry settings and exposure to all aspects of the industry.

(6) All work experience under §C(5)(c)(i) of this regulation shall have occurred within the last 10 years. Verification of occupational experience shall be submitted in the form of a notarized letter by former employers, listing specific job titles, duties performed, dates of employment, and hours worked.

(7) All work experience under §C(5)(c)(ii) of this regulation shall have occurred within the last 10 years. Verification of occupational experience shall be submitted by former employers in the form of a notarized letter, listing specific job titles, duties performed, dates of employment, and hours worked. Verification of self-employment shall be verified by license or by submitting tax forms.

.07 Assignment.

A. License Required for Major Assignment. Each teacher employed in Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall hold an Initial, Professional, or Advanced Professional license in the teacher’s area of major assignment.

B. Assignment to More Than Two Classes Outside Area of Licensure.

(1) A teacher should not be assigned to teach more than two classes outside the teacher’s area of licensure.

(2) If a school finds it necessary to assign a teacher to teach more than two classes outside the teacher’s area of licensure, the teacher shall obtain the license prior to the next school year.

(3) Class means a period allocated for lessons during a school day.

C. Exception. A teacher shall not be assigned to provide special education services to students with disabilities per an Individualized Education Program unless they hold the appropriate special education license.

D. Monitoring. The State Department of Education shall monitor the assignment practices of local school systems, State-operated schools, and nonpublic schools approved under COMAR 13A.09.10 on a periodic basis.

 

13A.12.03 Professional and Technical Education and Specialized Areas for Fine Arts

Authority: Education Article, §§2-205, 2-303(g), 6-701—6-708, 8-3A-03, and 8-701—8-708, Annotated Code of Maryland

.01 Purpose.

A. Professional and Technical Education and Specialized Areas for Fine Arts teachers shall meet the requirements for a license under Regulation .02 of this chapter.

B. A Professional and Technical Education or Specialized Areas for Fine Arts license shall only be used for instruction in a specialized program or at a specialized school.

C. An initial Professional and Technical Education or Specialized Areas for Fine Arts license shall be requested by a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10.

D. An individual licensed in Professional and Technical Education or Specialized Areas for Fine Arts who is no longer employed with a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 may request the renewal of that license directly from the Department.

.02 Licenses and Pathways for Professional and Technical Education and Specialized Areas for Fine Arts.

A. Types of Professional and Technical Education and Specialized Areas for Fine Arts Licenses.

(1) Temporary Professional.

(a) The Temporary Professional License is valid for 2 years and may not be renewed.

(b) A local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 may request a Temporary Professional License for an applicant who has completed an out of state teacher preparation program or holds a valid out of state professional license but has not submitted passing scores on Maryland teacher licensure tests.

(c) An educator may be issued a Temporary Professional License under COMAR 13A.12.03.03A(3) as a result of failure to meet the renewal requirements of a professional license.

(2) Initial Professional.

(a) The Initial Professional License if valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .03 of this chapter.

(b) An applicant who is employed in a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 and has met the requirements of one of the pathways to licensure under §C of this regulation is eligible for an Initial Professional License.

(3) Professional.

(a) The Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .03 of this chapter.

(b) An applicant who is employed in a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 and has met one of the pathways to licensure under §C of this regulation may be eligible for a Professional License if they submit the following requirements:

(i) Completion of a Maryland induction program under COMAR 13A.07.01; and

(ii) Verification of 3 years of effective teaching performance.

(4) Advanced Professional.

(a) The Advanced Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .03 of this chapter.

(b) An applicant who has met the requirements of one of the pathways to licensure under §B of this regulation may be eligible for an Advanced Professional Teacher License if they meet the requirements for the Professional License under §A(3) of this regulation and submit one of the following:

(i) A master’s or higher degree;

(ii) At least 30 semester hours of post baccalaureate credit; or

(iii) A National Board Certificate issued by the National Board for Professional Teaching Standards.

(c) An applicant for the Advanced Professional License in a Professional Technical Education/Specialized Area of Fine Arts area who does not possess a bachelor’s degree shall complete a planned program of 30 semester hours of credit, or submit a National Board Certificate issued by the National Board for Professional Teaching Standards.

(5) Conditional.

(a) A conditional license is valid for 5 years and may not be renewed.

(b) A local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 may request a conditional license if:

(i) The school is unable to fill a position with a person who qualifies for a license under §A(1)—(3) of this regulation; and

(ii) The person presents verification of 3 years of occupational experience in the career area to be taught as defined in §C(5)(a) of this regulation.

(c) An applicant who is issued a conditional license shall pursue a pathway to professional licensure under §C of this regulation.

(6) Adjunct Teacher.

(a) The Maryland State Department of Education may issue an adjunct license upon the request of a local school system superintendent or an education director of a nonpublic school approved under COMAR 13A.09.10.

(b) The request for adjunct license shall include:

(i) The name and credentials of the individual;

(ii) The course name and content to be taught; and

(iii) An explanation as to why the position cannot be filled by a qualified certificate holder.

(c) The adjunct license is nontransferable between local school systems.

(d) A local school system or nonpublic school may not employ an individual who holds an adjunct license as a full-time employee.

(e) An applicant for an adjunct license shall:

(i) Hold a high school diploma or its equivalent;

(ii) Hold an industry license, when applicable for the profession; and

(iii) Have 5 years of satisfactory occupational experience in the field to be taught.

(f) An individual who is issued an adjunct license shall be provided with the following, by the employing local school system or nonpublic school:

(i) A professionally licensed mentor;

(ii) Side-by-side coaching or co-teaching with a professionally licensed teacher;

(iii) A minimum of 45 hours of professional development, with 30 hours delivered prior to entry to the classroom and the remainder to be delivered throughout the school year; and

(iv) Evaluations of the individual’s teaching effectiveness.

(g) The adjunct license issued in accordance with this regulation is valid for a 1-year period and may be renewed upon the request of the local school system or nonpublic school.

B. In addition to holding an educator license, the applicant shall be governed by current licensure, certification, or registration regulations administered by professional organizations or legally constituted authorities in the State, in the career area to be taught, if applicable.

C. Pathways to Professional and Technical Education/Specialized Areas for Fine Arts Licensure.

(1) Maryland Approved Program. Candidates who complete a Maryland approved educator preparation program as set forth in COMAR 13A.07.06 shall meet the following requirements:

(a) Bachelor’s degree or higher;

(b) Completion of an approved program as set forth in COMAR 13A.07.06; and

(c) Passing scores as established by the State Superintendent of Schools on the pedagogy teacher licensure tests approved by the State Board of Education.

(2) Out-of-State Preparation Program. Candidates who complete a state-approved educator preparation program leading to licensure in that state shall meet the following requirements:

(a) Bachelor’s degree or higher;

(b) Complete a preparation program, to include a clinical internship, approved to lead to professional and technical education licensure in another state, in the license area being sought; and

(c) Passing scores as established by the State Superintendent of Schools on the pedagogy teacher licensure tests approved by the State Board of Education.

(3) Out-of-State License. Candidates who hold a license/certificate from another state or foreign country shall meet the following requirements:

(a) Valid, professional license/certificate from another state or foreign country in the license area being sought; and

(b) Passing scores as established by the State Superintendent of Schools the teacher licensure tests approved by the State Board of Education.

(4) National Board Certificate (Professional and Technical Education only). Candidates who hold a National Board Certificate shall meet the following requirements:

(a) National Board Certificate issued from the National Board for Professional Teaching Standards in the area of Career and Technical Education; and

(b) Valid or expired professional license/certificate from another state or foreign country in the license area being sought.

(5) Occupational Experience. Candidates with occupational experience in a Professional and Technical area or Specialized Area of Fine Arts shall meet the following requirements:

(a) Occupational experience.

(i) Verification of 3 years of occupational experience in the area to be taught that may include satisfactory post-secondary teaching experience in the area to be taught; and/or satisfactory occupational employment.

(ii) The applicant may substitute a Department-accepted, current industry recognized credential for 1 year of the occupational experience requirement.

(iii) The applicant may substitute a bachelor’s or associate’s degree in the area to be taught for 1 year of the occupational experience requirement.

(b) Completion of 12 credits of professional education course work from an IHE or through Department-approved continuing professional development credits to include the following topics:

(i) Planning, delivering, and assessing instruction;

(ii) Classroom management;

(iii) Differentiating Instruction to accommodate students with special needs; and

(iv) Teaching literacy in the content area.

(c) Passing scores as established by the State Superintendent of Schools on the pedagogy teacher licensure tests approved by the State Board of Education.

D. Special Provision. Credits from institutions in other countries shall be evaluated for comparability of degree and course work by an independent agency authorized to analyze foreign credentials and designated by the Department. The evaluation is conclusive for the Department.

E. Exception. An individual applying for licensure in a Professional and Technical or Specialized Area of Fine Arts is exempt from submitting evidence of qualifying scores, as established by the State Superintendent of Schools, on the basic skills teacher certification tests approved by the State Board of Education.

F. Additional Professional and Technical Education/Specialized Areas for Fine Arts Licenses.

(1) An individual who holds a Professional and Technical Education/Specialized Areas for Fine Arts license may add an additional Professional and Technical Education/Specialized Areas for Fine Arts license by meeting one of the following requirements:

(a) Present a valid, Department-recognized industry credential in the area to be taught; or

(b) Meet the requirements for initial licensure under Regulation .02 of this chapter.

(2) An additional Professional and Technical Education/Specialized Areas for Fine Arts license area shall be requested by a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10.

.03 Renewal of a Professional and Technical Education/Specialized Areas for Fine Arts License.

A. General.

(1) An applicant who receives a license is responsible for initiating the renewal of the license.

(2) Renewal requirements shall be received prior to the expiration date of the license in order to be considered continuous.

(3) Failure to Meet Requirements. Failure to meet the requirements of this section results in loss of the license. A local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 may request a Temporary Professional License pursuant to Regulation .02A(2) of this chapter for an employee who fails to meet the renewal requirements of the Initial Professional, Professional, or Advanced Professional license.

B. Professional Development Requirements. The Initial Professional, Professional, and Advanced Professional license may be renewed for successive 5-year terms upon the successful completion of the requisite number of professional development points (PDPs), as set forth in Regulation .05 of this chapter, based on an individual professional development plan, as set forth in Regulation .04 of this chapter, that is designed to improve teaching and student learning and that is approved, if required, by the educator’s supervisor.

C. Application Process.

(1) An educator may renew their Initial Professional, Professional, or Advanced Professional license by submitting the individual professional development plan, renewal application, fee, and verification of completion of all renewal requirements of this chapter.

(2) Persons employed by a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10, shall submit documentation directly to the employer.

(3) Persons who are not employed by a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall submit documentation directly to the Department.

D. Senior Educator Waiver. Renewal requirements for any professionally licensed employee of a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10, may be waived if:

(1) The professionally licensed employee is:

(a) 55 years old or older; or

(b) Employed in public or approved nonpublic school service for at least 25 years; and

(2) The request is recommended by the county superintendent, executive director, or chief officer of the legal authority having jurisdiction over the employee.

.04 Individual Professional Development Plans — Professional and Technical Education/Specialized Areas for Fine Arts.

A. Individual Professional Development Plans.

(1) An individual professional development plan shall be in place for each of the 5 years of validity for each Initial Professional, Professional, and Advanced Professional license issued to an educator.

(2) An individual professional development plan shall include a minimum of 90 professional development points, as set forth in Regulation .05 of this chapter, to renew the educator’s license.

(3) Educators who are not employed with a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 are responsible for developing their own individual professional development plan.

B. Approval of an Individual Professional Development Plan.

(1) Educators working in a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall obtain approval of their proposed individual professional development plan from their supervisors.

(2) Approval for proposed individual professional development plans shall be from the educator’s supervisor, or an appropriate designee.

(3) Educators shall obtain initial approval of their individual professional development plan within 6 months of issuance of the license to be renewed.

(4) Supervisor Review.

(a) A supervisor shall review the existing individual professional development plan of any educator new to the district or school within 3 months of the educator’s beginning employment in the new position.

(b) A supervisor may require an educator to amend the plan or may withdraw approval for a plan that had been previously approved, provided, however, that any professional development points that were earned consistently with an approved plan shall be deemed approved in applying for license renewal.

(5) Signatures.

(a) Prior to applying to renew an Initial Professional, Professional, or Advanced Professional license, educators shall obtain a signature from a current supervisor.

(b) A supervisor’s signature will indicate that the supervisor has reviewed the log of professional development activities maintained by the educator to ensure that the reported activities are consistent with the approved individual professional development plan.

(c) The educator remains responsible for the final accounting of professional development points applied towards license renewal.

(d) An educator whose supervisor refuses to sign an individual professional development plan may follow the review procedures set forth in §B(7) of this regulation.

(6) Approval of an individual professional development plan shall not be unreasonably withheld by a supervisor.

(7) In the event that a plan is rejected by a supervisor, an educator may seek review of the denial from:

(a) The superintendent of schools, or designee, if employed with a local school system;

(b) The Chief Officer of the Legal Authority, or designee, if employed with a nonpublic school approved under COMAR 13A.09.10; or

(c) The Executive Director, or comparable position, if employed with a State-operated school.

.05 Professional Development Points- Professional and Technical Education/Specialized Areas for Fine Arts.

A. Professional Development Point (PDP). Professional development activities shall be measured as follows:

(1) 1 clock hour is equivalent to one PDP.

(2) 1 semester hour is equivalent to 15 PDPs.

(3) One Department-approved continuing professional development credit is equivalent to 15 PDPs.

(4) One continuing education unit is equivalent to ten PDPs.

B. Educators applying to renew an Initial Professional, Professional, or Advanced Professional License are required to complete a minimum of 90 professional development points (PDPs) to include:

(1) Content related to an area on the educator’s license;

(2) Pedagogy;

(3) English as a Second Language, Sheltered English, or Bilingual Education;

(4) Strategies for teaching students with disabilities or diverse learning styles; and

(5) Culturally Responsive Teaching or diversity in education.

C. Special Requirement. A teacher who holds a license in the area of the Blind/Visually Impaired shall present a minimum of 15 PDPs in braille maintenance.

D. Professional development points may be accrued by the completion of one of more of the following:

(1) College credit earned or taught at an accredited institution of higher education.

(2) Continuing professional development (CPD) credits, earned or taught, approved by the Department.

(3) Continuing education units (CEUs) from an accredited International Association for Continuing Education and Training provider or approved by another Maryland State agency for purposes of licensure.

(4) Professional conference. A professional conference is a workshop, institute, or seminar of 4 or more hours that contributes to ongoing, sustained, and high-quality professional development.

(5) Curriculum Development.

(a) Curriculum development is a group activity in which the license holder contributes to the improvement of the curriculum of a school, a school division, or an educational institution.

(b) This includes the alignment of curriculum frameworks, instructional materials, and assessments to provide a system with clear expectations of what is to be taught and learned.

(c) For each curriculum developed, the educator will be awarded up to 30 PDPs.

(6) Publication of a Book or Article.

(a) The book or article shall contribute to the education profession or to the body of knowledge of the license holder’s teaching area or instructional position.

(b) An article shall be published in a recognized professional journal.

(c) Books shall be published for purchase.

(d) For each book published, the educator will be awarded up to 75 PDPs. For each article published, the educator will be awarded up to 10 PDPs.

(7) Mentorship.

(a) Mentoring is the process by which an experienced professional who has received mentorship training provides assistance to one or more persons for the purpose of improving their performance.

(b) Assistance may involve role modeling, direct instruction, demonstration, observation with feedback, developing of plans, and consultation to promote instructional excellence and increased student achievement.

(c) Mentoring may include the supervision of a field experience of a pre-service student teacher or an intern in an approved teacher preparation program, as well as mentoring as part of the induction process for a beginning teacher.

(8) Micro-Credentials.

(a) Micro-credentials are a digital form of certification indicating demonstrated competency/mastery in a specific skill or set of skills.

(b) Educators identify a competency they want to develop, submit evidence that they have mastered the competency, and receive a digital badge once the evidence is approved.

(c) Micro-credentials can be earned by non-profit and for profit entities approved by the local school system, State-operated school, nonpublic school, or the Department.

(d) For each micro-credential earned, the educator will be awarded up to 10 PDPs.

(9) Professional development activity.

(a) Professional development activities approved by the Department, Maryland Local School System, State Agency, Maryland approved nonpublic school, or another state department of education, will be accepted.

(b) Each activity shall be a minimum of 1 contact hour.

(10) Occupational Experience.

(a) Occupational experience related to the career area being taught may be used to earn PDPs.

(b) For every 10 hours worked, the educator may earn 1 PDP.

(c) Occupational experience is limited to 15 PDPs.

E. An educator who earns a National Board Certificate from the National Board of Professional Teaching Standards may present that certificate at the time of the subsequent renewal of their Maryland Educator License as a substitute for §B of this regulation.

 

13A.12.04 Specialists

Authority: Education Article, §§2-205, 2-303(g), 6-701—6-708, 8-3A-03, and 8-701--8-708, Annotated Code of Maryland

.01 Purpose.

Specialists employed in an early childhood, elementary, PreK—12 or secondary school program shall hold an appropriate license under COMAR 13A.12.04 or a license in certain areas as otherwise provided in State law.

.02 Licenses for Specialists.

A. Types of Specialist Licenses.

(1) Initial Professional.

(a) The Initial Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .13 of this chapter.

(b) An applicant who has met the requirements of one of the pathways to licensure under Regulations .03—.12 of this chapter is eligible for an Initial Professional License.

(2) Professional.

(a) The Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .13 of this chapter.

(b) An applicant who has met the requirements of one of the pathways to licensure under Regulations .03—.12 of this chapter may be eligible for a Professional License if they submit the following requirements:

(i) Verification of 3 years of effective performance as a specialist; and

(ii) Completion of a Maryland induction program, if applicable.

(3) Advanced Professional.

(a) The Advanced Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .13 of this chapter.

(b) An applicant who has met the requirements of one of the pathways to licensure under this chapter may be eligible for an Advanced Professional License if they meet the requirements for the Professional License under §A(2) of this regulation and submit one of the following:

(i) A master’s or higher degree;

(ii) At least 30 semester hours of post baccalaureate credit; or

(iii) A National Board Certificate issued by the National Board for Professional Teaching Standards.

B. Credits from institutions in other countries shall be evaluated for comparability of degree and course work by an independent agency authorized to analyze foreign credentials and designated by the Department. The evaluation is conclusive for the Department.

.03 School Counselor.

School Counselor. To qualify for a license, a candidate shall meet the requirements of one of the following pathways:

A. Maryland Approved Program. Candidates who possess a master’s degree and complete a program approved under COMAR 13A.07.06 leading to licensure as a school counselor.

B. National Board of Certified Counselors (NBCC). Candidates who possess a master’s degree in school counseling or school guidance and counseling, a valid National Board of Certified Counselors certificate, and 2 years of effective performance as a teacher or school counselor in a school setting.

C. National Board for Professional Teaching Standards (NBPTS). Candidates who possess a master’s degree in school counseling or school guidance and counseling and present a valid National Board Certificate in the area of School Counseling.

D. Out of State Program. Candidates who possess a master’s degree in school counseling or school guidance and counseling from an out of state approved program and 2 years of effective performance as a teacher or school counselor or 500 clock hours in a supervised practicum in school counseling.

E. Council for Accreditation of Counseling and Related Educational Programs (CACREP). Candidates who possess a master’s degree in school counseling or school guidance and counseling from a program approved by the Council for Accreditation of Counseling and Related Educational Programs.

F. Experienced Professional. Candidates who possess a master’s degree and a valid, professional certificate from another state and verification of at least 27 months of effective performance as a school counselor.

.04 Library Media Specialist.

A. Definitions.

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

(2) Terms Defined.

(a) “Library media” means a variety of communication and information formats and their accompanying technologies appropriate to learning and instruction.

(b) “Library media specialist” means an individual who has developed knowledge, understanding of, and competency in the broad range of library media services, with particular emphasis on those competencies related to the development and administration of a comprehensive school library media program.

B. Pathways to Licensure. To qualify for a Professional Specialist License, a candidate shall meet the requirements of one of the following pathways:

(1) Maryland Approved Program. Candidates who possess a master’s degree and complete a program approved under COMAR 13A.07.06 leading to licensure as a library media specialist.

(2) Out of State Preparation Program. Candidates who possess a master’s degree and complete an approved program leading to licensure as a library media specialist in another state.

(3) Experienced Professional. Candidates who possess a master’s degree, hold a valid professional library media license from another state or country, and submit verification of 3 years of full-time effective experience as a library media specialist.

(4) National Board Certification. Candidates who possess a master’s degree and a National Board Certificate in the area of Library Media.

(5) Master’s Equivalent.

(a) The applicant shall have a bachelor’s or higher degree from an IHE to include a program of 36 semester hours of post-baccalaureate credit with 15 semester hours completed at one institution and a minimum of 24 semester hours of graduate credit in the content course work listed in §B(5)(a) of this regulation.

(b) Content course work shall include:

(i) Administration of library media programs, including an understanding of State and national library media standards and technology standards;

(ii) Materials for children in all formats, including concepts related to the teaching and learning of reading;

(iii) Materials for young adults in all formats, including concepts related to the teaching and learning of reading;

(iv) Selection, evaluation, and use of materials in all formats to meet student curriculum and instructional needs;

(v) Access and delivery of information, including reference and bibliographic systems in all formats;

(vi) Organization of knowledge, including cataloging and classification, and information retrieval in all formats;

(vii) Principles of communication, including dissemination and use of information in all formats; and

(viii) The design, creation, and implementation of library media in all formats for instructional use.

(c) Professional education course work shall include:

(i) History and philosophy of education

(ii) Student developmental levels, learning theory, and strategies for identifying student information and learning needs;

(iii) Theory, principles, and methods of instructional design and delivery; and

(iv) Inclusion of special needs student populations.

(d) The professional education course work listed in §B(5)(b) of this regulation may be met by course credits earned in addition to, or as part of, the undergraduate degree program. The total number of post-baccalaureate credits needed for licensure shall not be reduced for course requirements that are met in the applicant’s bachelor’s degree program. Additional post-baccalaureate or graduate courses may be substituted.

(e) An applicant shall satisfactorily complete a school library media practicum, 1 year of full-time teaching experience, or 1 year of full-time school library media-related experience.

.05 Pupil Personnel Worker.

The requirements for licensure as a pupil personnel worker are that the applicant shall have:

A. A master’s degree from the IHE in pupil personnel or a related field, such as:

(1) Counseling or guidance services, or both;

(2) Early childhood, elementary, or secondary education;

(3) Human growth and development;

(4) Sociology, social work, or psychology;

(5) Special education; or

(6) Administration and supervision;

B. In addition to or as part of §A of this regulation, 21 semester hours of graduate credit or State-approved CPDs, to include school law and at least 6 of the following seven areas:

(1) Counseling methods;

(2) Early childhood or adolescent psychology, or both;

(3) Multicultural issues;

(4) Family systems/dynamics;

(5) Delivery of pupil personnel services and programs;

(6) Abnormal psychology or juvenile delinquency, or both; or

(7) Educational assessment interpretation;

C. 3 years of effective teaching experience, or, at the recommendation of a local superintendent of schools, related experience may be substituted for teaching experience; and

D. 3 semester hours of credit or State-approved CPDs in inclusion of special needs student populations.

.06 Reading Specialist.

The requirements for certification as a reading specialist are that the applicant shall:

A. Meet the requirements for licensure in early childhood education, elementary education, or a secondary education area;

B. Submit verification of 3 years of effective teaching or clinical experience; and

C. Meet the requirements of one of the following pathways:

(1) Maryland Approved Program. Candidates who possess a master’s degree and complete a program approved under COMAR 13A.07.06 leading to licensure as a reading specialist;

(2) Out of State Preparation Program. Candidates who possess a master’s degree and complete an approved program leading to licensure as a reading specialist in another state; or

(3) Professional Course Work. Candidates who possess a master’s degree or equivalent of 33 post-baccalaureate graduate credits from an IHE in reading and related areas to include:

(a) 15 semester hours of reading course work with at least one course in each of the following areas:

(i) Foundation or survey course;

(ii) Diagnosis and correction of reading difficulties;

(iii) Clinical or laboratory practicum; and

(iv) Assessment or evaluation, or both; and

(b) Additional course work selected from at least four of the following areas:

(i) Emergent literacy;

(ii) Literacy Leadership;

(iii) English Learners;

(iv) Content area literacy;

(v) Writing;

(vi) Effective use of technology in the literacy classroom;

(vii) Early Childhood, Elementary, or Adolescent literacy;

(viii) Literacy research;

(ix) Linguistics; and

(x) Special education.

.07 Reading Teacher.

The requirements for licensure as a reading teacher are that the applicant shall:

A. Meet the requirements for licensure in early childhood education, elementary education, or a secondary education area;

B. Have 12 semester hours of post-baccalaureate graduate credit from an IHE in reading, including a foundation or survey course and a course in diagnosis and correction of reading difficulties; and

C. Have 2 years of successful teaching experience.

.08 Psychometrist.

A. Definition.

(1) In this chapter, the following term has the meaning indicated.

(2) Term Defined. “Psychometrist” means an individual who works directly under the professional supervision of a school psychologist or supervisor of school psychological services. The purpose of this position is limited to providing assistance to the school psychologist by administering psychological tests and other related psychometric tasks.

B. Education. An applicant for licensure as a psychometrist shall have the following:

(1) A master’s degree from an IHE in psychology or education.

(2) 45 semester hours of graduate and undergraduate course work from an IHE which shall include the following areas:

(a) Tests and measurements;

(b) Individual intelligence testing of children;

(c) Individual educational assessment of children, reading assessment, curriculum-based assessment;

(d) Assessment of personality (including social, emotional, and behavioral assessment of children);

(e) Practicum in psychological testing of children;

(f) Developmental psychology child and adolescent psychology;

(g) Statistics/research methods, research design;

(h) Personality theory;

(i) Learning process/theory;

(j) Abnormal psychology, psychopathology;

(k) Educational psychology;

(l) Curriculum and instruction;

(m) Intervention techniques, consultation, counseling;

(n) Social bases of behavior, social psychology, multicultural psychology; and

(o) Physiological and neurological bases of behavior.

(3) Course work required in §B(2)(a), (h)—(l), and (n) of this regulation may be taken at the undergraduate level.

C. Experience. The experience requirements for licensure as a psychometrist shall comply with the following:

(1) Option I.

(a) 500 clock hours of field experience in school psychology which is approved by and under the direction of an institution of higher education that has an approved program in psychology.

(b) The field experience shall include experience in regular and special education programs and shall emphasize assessment.

(c) The field supervision shall be under an individual licensed as a school psychologist.

(2) Option II.

(a) 2 years of successful experience of at least 600 clock hours per year providing psychometric services to children in an educational setting under the supervision of an individual licensed as a school psychologist.

(b) The supervision requirement may be waived if an applicant has previously provided these services as a licensed psychologist.

.09 School Psychologist.

A. Definition. “School psychologist” means an individual who is licensed to provide psychological services to children in a public or State-approved nonpublic school setting and supervises interns and psychometrists.

B. Education. An applicant for licensure as a school psychologist shall meet one of the following:

(1) Option I:

(a) Submit a master’s or higher degree in school psychology from a Maryland-approved program; and

(b) Qualifying scores on the Maryland-approved test for school psychologist.

(2) Option II:

(a) Submit a master’s or higher degree and complete an out-of-state-approved program in school psychology, culminating a minimum of a 1,200-hour internship in school psychology; and

(b) Submit qualifying scores on the Maryland - approved test for school psychologist.

(3) Option III: Submit a valid Nationally Certified School Psychologist certificate issued by the National School Psychology Certification Board.

(4) Option IV:

(a) Submit a master’s or higher degree from an IHE; and

(b) Submit a valid professional license in school psychology from another state and verification of at least 27 months of effective performance as a school psychologist during the past 7 years on the basis of which application is being made for a comparable Maryland license.

.10 Therapists (Occupational Therapists, Physical Therapists, Speech-Language Pathologists, or Audiologists).

An occupational therapist, physical therapist, speech-language pathologist, or audiologist holding a valid license issued by the State Board of Occupational Therapy Practice, the State Board of Physical Therapy Examiners, or the State Board of Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists, in accordance with the relevant provisions of the Health Occupations Article, Annotated Code of Maryland, shall be considered professionally licensed and does not require an additional educator license.

.11 School Social Worker.

To obtain educator licensure as a school social worker, the applicant shall be licensed by the Maryland State Board of Social Work Examiners as a:

A. Masters Social Worker;

B. Certified Social Worker; or

C. Certified Social Worker — Clinical.

.12 Gifted and Talented Education Specialist.

To be licensed as a Gifted and Talented Education Specialist, an applicant shall:

A. Earn a master’s degree from one of the following:

(1) A Department-approved master’s program that leads to licensure in Gifted and Talented Education;

(2) An out-of-State approved master’s program that leads to Gifted and Talented licensure; or

(3) An IHE and:

(a) Complete 15 semester hours of graduate course work in Gifted and Talented Education from an IHE, which includes a balance of content in the following competencies:

(i) Understanding the foundations of gifted education, including historical perspectives, key philosophies and theories, social, cultural, and economic influences, key issues, and trends;

(ii) Understanding the unique cognitive and affective characteristics of gifted and talented students, including the learning differences of gifted and talented students with disabilities and those from diverse backgrounds;

(iii) Understanding processes and procedures for the identification of gifted and talented students, including the use of equitable approaches for identifying gifted and talented students from diverse backgrounds and those with disabilities;

(iv) Understanding evidence-based instructional strategies for differentiating instruction for gifted and talented students, including strategies that enhance acquisition of knowledge and skills in specific domains, critical and creative thinking, problem solving, and metacognition;

(v) Understanding theories and models for developing and implementing curriculum, instruction, and assessments for gifted and talented students; and

(vi) Understanding how to create learning environments that foster the social and emotional well-being of gifted and talented students, including the development of self-awareness, coping skills, positive peer relationships, and leadership; and

(b) Complete at least 3 semester hours in a clinical/laboratory internship; and

B. Present verification of 27 months of effective teaching experience or clinical experience.

.13 Renewal of a Specialist License.

A. General.

(1) An applicant who receives a license is responsible for initiating the renewal of the license.

(2) Renewal requirements shall be received prior to the expiration date of the license in order to be considered continuous.

(3) Failure to Meet Requirements. Failure to meet the requirements of this section results in loss of the license.

B. Professional Development Requirements. The Initial Professional, Professional, and Advanced Professional License may be renewed for successive 5-year terms upon the successful completion of the requisite number of professional development points (PDPs) as set forth in Regulation .15 of this chapter based on an individual professional development plan as set forth in Regulation .14 of this chapter that is designed to improve student learning and that is approved, if required, by the educator’s supervisor.

C. Application Process.

(1) An educator may renew their Initial Professional, Professional, and Advanced Professional License by submitting the individual professional development plan, renewal application, fee, and verification of completion of all renewal requirements of this chapter.

(2) Persons employed by a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10, shall submit documentation directly to the employer.

(3) Persons who are not employed by a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall submit documentation directly to the Department.

D. Senior Educator Waiver. Renewal requirements for any professionally licensed employee of a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10, may be waived if:

(1) The professionally licensed employee is:

(a) 55 years old or older; or

(b) Employed in public or approved nonpublic school service for at least 25 years; and

(2) The request is recommended by the county superintendent, executive director, or chief office of the legal authority having jurisdiction over the employee.

E. Renewal Requirements that May Not Be Waived. School counselors are required to present 1 semester hour of course work from an Institution of Higher Education, one Department-approved continuing professional development credit; or an equivalent number of continuing education units that address the following:

(1) Depression;

(2) Trauma;

(3) Violence;

(4) Youth suicide;

(5) Substance Abuse; and

(6) The identification of professional resources and best practices for distributing resources to parents or guardians to help students in crisis.

.14 Individual Professional Development Plans.

A. Individual Professional Development Plans.

(1) An individual professional development plan shall be in place for each of the 5 years of validity for each Initial Professional, Professional, and Advanced Professional license issued to an educator.

(2) An individual professional development plans shall include a minimum of 90 professional development points, as set forth in Regulation .15 of this chapter, to renew the educator’s License.

(3) Educators who are not employed with a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 are responsible for developing their own individual professional development plan.

B. Approval of an Individual Professional Development Plan.

(1) Educators working in a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall obtain approval of their proposed individual professional development plan from their supervisors.

(2) Approval for proposed individual professional development plans shall be from the educator’s supervisor, or an appropriate designee.

(3) Educators shall obtain initial approval of their individual professional development plan within 6 months of issuance of the license to be renewed.

(4) Supervisor Review.

(a) A supervisor shall review the existing individual professional development plan of any educator new to the district or school within 3 months of the educator’s beginning employment in the new position.

(b) A supervisor may require an educator to amend the plan or may withdraw approval for a plan that had been previously approved, provided, however, that any professional development points that were earned consistently with an approved plan shall be deemed approved in applying for license renewal.

(5) Signatures.

(a) Prior to applying to renew an Initial Professional, Professional, or Advanced Professional license, educators shall obtain a signature from a current supervisor.

(b) A supervisor’s signature will indicate that the supervisor has reviewed the log of professional development activities maintained by the educator to ensure that the reported activities are consistent with the approved individual professional development plan.

(c) The educator remains responsible for the final accounting of professional development points applied towards license renewal.

(d) An educator whose supervisor refuses to sign an Individual professional development plan may follow the review procedures set forth in §B(7) of this regulation.

(6) Approval of an individual professional development plan shall not be unreasonably withheld by a supervisor.

(7) In the event that a plan is rejected by a supervisor, an educator may seek review of the denial from:

(a) The superintendent of schools, or designee, if employed with a local school system;

(b) The Chief Officer of the Legal Authority, or designee, if employed with a nonpublic school approved under COMAR 13A.09.10; or

(c) The Executive Director, or comparable position, if employed with a State-operated school.

.15 Professional Development Points.

A. Professional Development Point (PDP).

(1) 1 clock hour is equivalent to one PDP.

(2) 1 semester hour is equivalent to 15 PDPs.

(3) One Department-approved continuing professional development credit is equivalent to 15 PDPs.

(4) One continuing education unit is equivalent to ten PDPs.

B. Specialists applying to renew a Professional or Advanced Professional License are required to complete a minimum of 90 PDPs to include:

(1) Content related to an area on the educator’s license;

(2) Students with disabilities; and

(3) Culturally Responsive Teaching or diversity in education.

C. Additional requirements. An educator who is licensed as a School Counselor shall present 1 semester hour of course work from an Institution of Higher Education, one Department-approved continuing professional development credit; or an equivalent number of continuing education units that address the following:

(1) Depression;

(2) Trauma;

(3) Violence;

(4) Youth suicide;

(5) Substance abuse; and

(6) The identification of professional resources and best practices for distributing resources to parents or guardians to help students in crisis.

D. Professional development points may be accrued by the completion of one of more of the following:

(1) College credit earned or taught at an accredited institution of higher education.

(2) Continuing professional development (CPD) credits, earned or taught, approved by the Department.

(3) Continuing education units (CEUs) from an accredited International Association for Continuing Education and Training provider or approved by another Maryland State agency for purposes of licensure.

(4) Professional conference. A professional conference is a workshop, institute, or seminar of 4 or more hours that contributes to ongoing, sustained, and high-quality professional development.

(5) Curriculum Development.

(a) Curriculum development is a group activity in which the license holder contributes to the improvement of the curriculum of a school, a school division, or an educational institution.

(b) This includes the alignment of curriculum frameworks, instructional materials, and assessments to provide a system with clear expectations of what is to be taught and learned.

(c) For each curriculum developed, the educator will be awarded up to 30 PDPs.

(6) Publication of a Book or Article.

(a) The book or article shall contribute to the education profession or to the body of knowledge of the license holder’s teaching area or instructional position.

(b) An article shall be published in a recognized professional journal.

(c) Books shall be published for purchase.

(d) For each book published, the educator will be awarded up to 75 PDPs. For each article published, the educator will be awarded up to 10 PDPs.

(7) Mentorship.

(a) Mentoring is the process by which an experienced professional who has received mentorship training provides assistance to one or more persons for the purpose of improving their performance.

(b) Assistance may involve role modeling, direct instruction, demonstration, observation with feedback, developing of plans, and consultation to promote instructional excellence and increased student achievement.

(c) Mentoring may include the supervision of a field experience of a pre-service student teacher or an intern in an approved teacher preparation program, as well as mentoring as part of the induction process for a beginning teacher.

(8) Micro-Credentials.

(a) Micro-credentials are a digital form of certification indicating demonstrated competency/mastery in a specific skill or set of skills.

(b) Educators identify a competency they want to develop, submit evidence that they have mastered the competency, and receive a digital badge once the evidence is approved.

(c) Micro-credentials can be earned by non-profit and for-profit entities approved by the local school system, State-operated school, nonpublic school, or the Department.

(d) For each micro-credential earned, the educator will be awarded up to10 PDPs.

(9) Professional Development Activity.

(a) Professional development activities approved by the Department, Maryland Local School System, State Agency, Maryland approved nonpublic school, or another state department of education, will be accepted.

(b) Each activity shall be a minimum of 1 contact hour.

E. An educator who earns a National Board Certificate from the National Board of Professional Teaching Standards may present that certificate at the time of the subsequent renewal of their Maryland Educator License as a substitute for §B of this regulation

 

13A.12.05 Administrators and Supervisors

Authority: Education Article, §§2-205, 2-303(g), 6-701—6-708, 8-3A-03, and 8-701—8-708, Annotated Code of Maryland

 

.01 Purpose.

Administrators and supervisors who have direct contact with students, who have responsibility for curriculum development, or who have responsibility for supervision of instruction shall meet the requirements for a license under COMAR 13A.12.05, as applicable.

.02 Licenses for Administrators and Supervisors.

A. Types of Administrator/Supervisor Licenses.

(1) Initial Professional.

(a) The Initial Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .15 of this chapter.

(b) An applicant who has met the requirements of one of the pathways to licensure under Regulations .03—.12 of this chapter is eligible for an Initial Professional License.

(2) Professional.

(a) The Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .15 of this chapter.

(b) An applicant who has met the requirements of one of the pathways to licensure under Regulations .03—.12 of this chapter may be eligible for a Professional License if they submit the following requirements:

(i) Verification of 3 years of effective administrative or supervisory performance; and

(ii) Completion of a Maryland induction program, if applicable.

(3) Advanced Professional.

(a) The Advanced Professional License is valid for 5 years and may be renewed should the license holder meet the renewal requirements under Regulation .13 of this chapter.

(b) An applicant who has met the requirements of one of the pathways to licensure under this chapter may be eligible for an Advanced Professional License if they meet the requirements for the Professional License under §A(2) of this regulation and submit one of the following:

(i) A master’s or higher degree;

(ii) At least 30 semester hours of post baccalaureate credit; or

(iii) A National Board Certificate issued by the National Board for Professional Teaching Standards.

B. Credits from institutions in other countries shall be evaluated for comparability of degree and course work by an independent agency authorized to analyze foreign credentials and designated by the Department. The evaluation is conclusive for the Department.

.03 Supportive Services Personnel.

A. Purpose. The State Superintendent of Schools may license as Supportive Services Personnel a qualified employee of a local school system who is assigned to administrative or supervisory responsibilities not otherwise covered in these regulations, and who has responsibilities comparable to those assigned to persons who hold specific supervisory licenses.

B. Education. An applicant for licensure as Supportive Services Personnel shall have a bachelor’s degree or higher appropriate to the area of responsibility from an IHE.

C. This license is issued at the request of a local school, State-operated school, or nonpublic school approved under COMAR 13A.09.10.

.04 Superintendents.

A. Superintendent I.

(1) This license qualifies an individual to be assigned as a county deputy superintendent, assistant superintendent or associate superintendent through either Traditional or Reciprocal Licensure.

(2) An applicant for Traditional Licensure shall meet the education and experience requirements.

(3) Education Requirements for Traditional Licensure. The applicant shall have:

(a) A master’s degree from an IHE; and

(b) Completed one of the following:

(i) A Department-approved program which leads to licensure as a superintendent;

(ii) A program offered by an IHE leading to licensure as a superintendent in the state in which the institution is located; or

(iii) 45 semester hours of graduate course work, including a minimum of 15 semester hours in education administration taken at an IHE. Graduate course work earned under §A(3)(a) of this regulation may be applied toward the 45 required semester hours.

(4) Experience Requirements for Traditional Licensure. The applicant shall have:

(a) 27 months of effective teaching performance or effective performance as a licensed specialist as defined in COMAR 13A.12.03 in a PreK—12 setting; and

(b) 24 months of effective administrative or supervisory experience in a PreK—12 setting.

(5) Requirements for Reciprocal Licensure. A deputy, associate, or assistant superintendent who enters Maryland from another state may obtain a Superintendent I license if that individual:

(a) Holds a valid professional state license in a like or comparable area; and

(b) Presents verification of at least 36 months of effective performance as a deputy, associate, or assistant superintendent during the past 7 years.

B. Superintendent II.

(1) This certificate qualifies an individual to be a county superintendent through either Traditional or Reciprocal Licensure.

(2) An applicant for Traditional Licensure shall meet the education and experience requirements.

(3) Education Requirements for Traditional Licensure. The applicant shall have:

(a) A master’s degree from an IHE; and

(b) Have completed one of the following:

(i) A Department-approved program which leads to licensure as a superintendent to include course work covering public school administration, supervision, and methods of teaching;

(ii) A program offered by an IHE leading to licensure as a superintendent in the state in which the institution is located to include course work covering public school administration, supervision, and methods of teaching; or

(iii) 60 semester hours of graduate course work, including a minimum of 24 semester hours in education administration taken at an IHE, to include public school administration, supervision, and methods of teaching. Graduate course work earned under §B(3)(a) of this regulation may be applied toward the 60 required semester hours.

(4) Experience Requirements for Traditional Licensure. The applicant shall have:

(a) 27 months of effective teaching performance or effective performance as a licensed specialist as defined in COMAR 13A.12.03 in a PreK—12 setting; and

(b) 24 months of effective administrative or supervisory experience in a PreK—12 setting.

(5) Requirements for Reciprocal Licensure. A superintendent who enters Maryland from another state may obtain a Superintendent II license if that individual:

(a) Holds a valid professional state license in a like or comparable area;

(b) Presents verification of at least 36 months of effective performance as a superintendent during the past 7 years; and

(c) Presents verification of 2 years of graduate work at an IHE to include course work covering public school administration, supervision, and methods of teaching.

.05 Supervisors of Instruction, Assistant Principals, and Principals.

A. Application of Regulation.

(1) This regulation applies to obtaining licensure as an Administrator I or Administrator II.

(2) If a principal transfers to become a principal in a special education school, the principal shall hold a Supervisor of Special Education license as set forth in Regulation .10 of this chapter.

B. Administrator I.

(1) This license qualifies an individual to be assigned as a supervisor of instruction or assistant principal.

(2) The applicant shall have:

(a) A master’s degree from an IHE;

(b) 27 months of effective teaching performance or effective performance as a certified specialist as defined in COMAR 13A.12.04; and

(3) Completed one of the following:

(a) A Department-approved program which leads to licensure as a supervisor of instruction, assistant principal, or principal;

(b) An approved out-of-state program which leads to licensure as a supervisor of instruction, assistant principal, or principal and includes a supervised clinical practicum; or

(c) 18 semester hours of graduate course work taken at an IHE at the post-baccalaureate level to include a balance of content in the following categories:

(i) Curriculum, instruction, and assessment;

(ii) Development, observation, and evaluation of staff;

(iii) Legal issues and ethical decision-making;

(iv) School leadership, management and administration; and

(v) Practicum, internship, or a collaboratively designed and supervised experience by the local school system and IHE to include Department-approved instructional leadership outcomes with verification of this experience submitted by the applicant.

C. Administrator II.

(1) This license qualifies an individual to be assigned as a school principal.

(2) The applicant, before initial appointment as principal, shall:

(a) Complete the requirements for Administrator I; and

(b) Present evidence of a qualifying score as established by the State Board on a Department-approved principal licensure assessment.

(3) A principal who enters Maryland from another state may obtain an Administrator II license if that principal held a valid professional state license and verification of at least 27 months of effective performance as a principal.

D. Special Provision. An Initial Professional license or Professional license shall be considered valid for service as principal of an elementary school of not more than six teachers if the principal teaches at least 50 percent of the school day.

.06 Library Media Administrator.

A. Definition.

(1) In this regulation, the following term has the meaning indicated.

(2) Term Defined. “Library media administrator” means a person designated by the local superintendent of schools as having responsibility for the:

(a) Administration and supervision of the library media program, including the supervision of the library media program in the individual schools; and

(b) Development of policies, programs, budgets, and procedures for the library media services of the school system and its schools.

B. Education and Experience. To be licensed as library media administrator, the applicant shall:

(1) Meet the requirements for licensure as a library media specialist;

(2) Have a master’s degree from an IHE;

(3) Have 3 years of effective library media program experience, but, at the recommendation of the local school superintendent, 2 years of related effective experience may be substituted for 2 years of library media program experience; and

(4) Complete one of the options listed under Regulation .05 of this chapter that would lead to certification as Administrator I.

.07 Supervisor of School Counseling.

The requirements for certification as a supervisor of school counseling are that the applicant shall:

A. Meet the requirements for licensure as a school counselor;

B. Have 3 years of effective performance as a school counselor; and

C. Have 12 semester hours of graduate credit from an IHE in any of the following areas with at least 6 semester hours in school supervision or school administration:

(1) Management;

(2) School supervision;

(3) School administration;

(4) Program development; or

(5) Program evaluation.

.08 Supervisor of School Psychological Services.

The requirements for licensure as a supervisor of school psychological services are that the applicant shall:

A. Meet the requirements for licensure as a school psychologist under COMAR 13A.12.03.07;

B. Have a doctoral degree:

(1) From a state or accredited school psychology program, a national educator preparation accreditation organization, National Association of School Psychologists, or American Psychological Association accredited school psychology program; or

(2) In psychology or education or human development;

C. As part of or in addition to §B of this regulation, have 9 semester hours of graduate credits including 3 semester hours in school law and 6 semester hours in supervision, management, or administration of schools; and

D. Have 3 years of experience as a school psychologist under COMAR 13A.12.04.09.

.09 Supervisor of Pupil Personnel.

The requirements for licensure as a supervisor of pupil personnel are that the applicant shall:

A. Meet the requirements for licensure as a pupil personnel worker;

B. Have a master’s degree from an IHE;

C. As part of or in addition to §B of this regulation, have a graduate course in the area of administration and supervision; and

D. Have 3 years of successful teaching experience. At the recommendation of the local superintendent of schools, related experience may be substituted for teaching experience.

.10 Supervisor of Special Education.

A. Principal Public Separate School. The requirements for certification as a principal in a public separate school are that the applicant shall:

(1) Meet the requirements for licensure in special education; and

(2) Meet the requirements for licensure as an Administrator II.

B. Supervisor of Special Education (Sole Assignment). The requirements for licensure as a supervisor of special education are that the applicant shall:

(1) Meet the requirements for licensure in special education; and

(2) Meet the requirements for licensure as an Administrator I.

C. Special Provision. Supervisors with multiple area assignments shall meet the requirements set forth in Regulation .05 of this chapter.

.11 Supervisor of Speech Pathologists and Audiologists.

The requirements for a license as a supervisor of speech pathology and audiology are that the applicant shall:

A. Meet the requirements for certification or licensure as otherwise provided in Health Occupations Article, §2-301, Annotated Code of Maryland, as a speech pathologist or audiologist;

B. Have a master’s degree from an institution with an approved program at the time of graduation with at least one course in administrative and supervisory techniques and one course in the development of school curriculum; and

C. Have 4 years full-time paid experience or its equivalent as a speech and hearing clinician, 2 years of which shall have been in a school setting.

.12 Supervisor of Teachers of Deaf and Hard of Hearing.

The requirements for licensure as a supervisor of teachers of the deaf and hard of hearing are that the applicant shall:

A. Meet the requirements for licensure as a teacher of the deaf and hard of hearing;

B. Have a master’s degree from an IHE with at least one course in administrative and supervisory techniques and one course in curriculum development; and

C. Have experience that includes:

(1) 3 years of successful teaching experience with the deaf and hard of hearing, or

(2) 4 years paid experience or its equivalent in a school setting with 2 years successful teaching experience with the deaf and hard of hearing.

.13 Renewal of an Administrator/Supervisor License.

A. General.

(1) An applicant who receives a license is responsible for initiating the renewal of the license.

(2) Renewal requirements shall be received prior to the expiration date of the license in order to be considered continuous.

(3) Failure to Meet Requirements. Failure to meet the requirements of this section results in loss of the license.

B. Professional Development Requirements. The Initial Professional, Professional, and Advanced Professional License may be renewed for successive 5-year terms upon the successful completion of the requisite number of professional development points (PDPs) as set forth in Regulation .15 of this chapter based on an individual professional development plan as set forth in Regulation .14 of this chapter that is designed to improve student learning and that is approved, if required, by the educator’s supervisor.

C. Application Process.

(1) An educator may renew their Initial Professional, Professional, or Advanced Professional License by submitting the individual professional development plan, renewal application, fee, and verification of completion of all renewal requirements of this chapter.

(2) Persons employed by a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10, shall submit documentation directly to the employer.

(3) Persons who are not employed by a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall submit documentation directly to the Department.

D. Senior Educator Waiver. Renewal requirements for any professionally licensed employee of a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10, may be waived if:

(1) The professionally licensed employee is:

(a) 55 years old or older; or

(b) Employed in public or approved nonpublic school service for at least 25 years; and

(2) The request is recommended by the county superintendent, executive director, or chief office of the legal authority having jurisdiction over the employee.

.14 Individual Professional Development Plans.

A. Individual Professional Development Plans.

(1) An individual professional development plan shall be in place for each of the 5 years of validity for each Initial Professional, Professional, and Advanced Professional license issued to an educator.

(2) An individual professional development plans shall include a minimum of 90 professional development points, as set forth in Regulation .15 of this chapter, to renew the educator’s license.

(3) Educators who are not employed with a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 are responsible for developing their own individual professional development plan.

B. Approval of an Individual Professional Development Plan.

(1) Educators working in a Maryland local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall obtain approval of their proposed individual professional development plan from their supervisors.

(2) Approval for proposed individual professional development plans shall be from the educator’s supervisor, or an appropriate designee.

(3) Educators shall obtain initial approval of their individual professional development plan within 6 months of issuance of the license to be renewed.

(4) Supervisor Review.

(a) A supervisor shall review the existing individual professional development plan of any educator new to the district or school within 3 months of the educator’s beginning employment in the new position.

(b) A supervisor may require an educator to amend the plan or may withdraw approval for a plan that had been previously approved, provided, however, that any professional development points that were earned consistently with an approved plan shall be deemed approved in applying for license renewal.

(5) Signatures.

(a) Prior to applying to renew an Initial Professional or Professional license, educators shall obtain a signature from a current supervisor.

(b) A supervisor’s signature will indicate that the supervisor has reviewed the log of professional development activities maintained by the educator to ensure that the reported activities are consistent with the approved individual professional development plan.

(c) The educator remains responsible for the final accounting of professional development points applied towards license renewal.

(d) An educator whose supervisor refuses to sign an individual professional development plan may follow the review procedures set forth in §B(7) of this regulation.

(6) Approval of an individual professional development plan shall not be unreasonably withheld by a supervisor.

(7) In the event that a plan is rejected by a supervisor, an educator may seek review of the denial from:

(a) The superintendent of schools, or designee, if employed with a local school system;

(b) The Chief Officer of the Legal Authority, or designee, if employed with a nonpublic school approved under COMAR 13A.09.10; or

(c) The Executive Director, or comparable position, if employed with a State-operated school.

.15 Professional Development Points.

A. Professional Development Point (PDP). Professional development activities shall be measured as follows:

(1) 1 clock hour is equivalent to one PDP.

(2) 1 semester hour is equivalent to 15 PDPs.

(3) One Department-approved continuing professional development credit is equivalent to 15 PDPs.

(4) One continuing education unit is equivalent to ten PDPs.

B. Administrators/supervisors applying to renew a Professional or Advanced Professional License are required to complete a minimum of 90 PDPs to include:

(1) Administration and supervision;

(2) Students with disabilities;

(3) Culturally Responsive Teaching or diversity in education; and

(4) If employed in a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 and assigned in an administrator or supervisor position, PDPs submitted shall include the completion of a Department-approved evaluator training.

C. Professional development points may be accrued by the completion of one of more of the following:

(1) College credit earned or taught at an accredited institution of higher education.

(2) Continuing professional development (CPD) credits, earned or taught, approved by the Department.

(3) Continuing education units (CEUs) from an accredited International Association for Continuing Education and Training provider or approved by another Maryland State agency for purposes of licensure.

(4) Professional conference. A professional conference is a workshop, institute, or seminar of 4 or more hours that contributes to ongoing, sustained, and high-quality professional development.

(5) Curriculum Development.

(a) Curriculum development is a group activity in which the license holder contributes to the improvement of the curriculum of a school, a school division, or an educational institution.

(b) This includes the alignment of curriculum frameworks, instructional materials, and assessments to provide a system with clear expectations of what is to be taught and learned.

(c) For each curriculum developed, the educator will be awarded up to 30 PDPs.

(6) Publication of a Book or Article.

(a) The book or article shall contribute to the education profession or to the body of knowledge of the license holder’s teaching area or instructional position.

(b) An article shall be published in a recognized professional journal.

(c) Books shall be published for purchase.

(d) For each book published, the educator will be awarded up to 75 PDPs. For each article published, the educator will be awarded up to 10 PDPs.

(7) Mentorship.

(a) Mentoring is the process by which an experienced professional who has received mentorship training provides assistance to one or more persons for the purpose of improving their performance.

(b) Assistance may involve role modeling, direct instruction, demonstration, observation with feedback, developing of plans, and consultation to promote instructional excellence and increased student achievement.

(c) Mentoring may include the supervision of a field experience of a pre-service student teacher or an intern in an approved teacher preparation program, as well as mentoring as part of the induction process for a beginning teacher.

(8) Micro-Credentials.

(a) Micro-credentials are a digital form of certification indicating demonstrated competency/mastery in a specific skill or set of skills.

(b) Educators identify a competency they want to develop, submit evidence that they have mastered the competency, and receive a digital badge once the evidence is approved.

(c) Micro-credentials can be earned by non-profit and for-profit entities approved by the local school system, State-operated school, nonpublic school, or the Department.

(d) For each micro-credential earned, the educator will be awarded up to 10 PDPs.

(9) Professional Development Activity.

(a) Professional development activities approved by the Department, Maryland local school system, State Agency, Maryland approved nonpublic school, or another state department of education, will be accepted.

(b) Each activity shall be a minimum of 1 contact hour.

D. An educator who earns a National Board Certificate from the National Board of Professional Teaching Standards may present that certificate at the time of the subsequent renewal of their Maryland Educator License as a substitute for §B(1)—(3) of this regulation.

 

13A.12.06 Disciplinary Actions and Denials

Authority: Education Article, §§2-205, 2-303(g), and 6-701—6-708; Family Law Article, §10-119.3; Annotated Code of Maryland

.01 Definitions.

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

B. Terms Defined.

(1) “Charge” means the written cause upon which a proposed suspension or revocation is based.

(2) “Denial” means that an individual shall not be issued a license because the individual has committed one or more causes that could lead to the suspension or revocation of a license.

(3) “Revocation” means that the right to hold a license is withdrawn permanently.

(4) “Suspension” means that the right to hold a license is withdrawn for a specified period of time.

(5) “Voluntarily surrendered” means a license holder relinquishes the license while under investigation for a cause that could lead to the suspension or revocation of the license, or while a suspension or revocation action is pending against the license holder, and is equivalent to a revocation.

.02 Causes for Disciplinary Action or Denial.

A. A license and all specific license areas issued under this subtitle shall be suspended, denied, or revoked by the State Superintendent of Schools for the causes set forth in this regulation.

B. Suspension Only. A license may be suspended by the State Superintendent of Schools under the following conditions:

(1) Breach of Contract. A license may be suspended for not more than 365 days if the license holder leaves the employment of a local school system after July 15 in the absence of an emergency and without the consent of the local board of education in violation of the provisions of the Regular State Teacher’s Contract set forth in COMAR 13A.07.02.01B. In case of emergency, the local board may not unreasonably withhold its consent.

(2) Failure to Pay Child Support.

(a) A license shall be suspended upon notification by the Department of Human Services, Child Support Enforcement Administration, that the license holder’s failure to pay child support meets the criteria for suspension of a license pursuant to Family Law Article, §10-119.3, Annotated Code of Maryland.

(b) Prior to suspending the license, the State Superintendent shall send written notice to the license holder of the proposed suspension and the right to contest the identity of the individual whose license shall be suspended.

(c) An individual may appeal the decision to suspend a license based on failure to pay child support in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. At the appeal hearing, the issue shall be limited to whether the Department of Human Services, Child Support Enforcement Administration, has mistaken the identity of the individual whose license was suspended.

(d) The State Superintendent shall immediately reinstate any license suspended for failure to pay child support if notified by the Department of Human Services, Child Support Enforcement Administration, that the license should be reinstated and the individual otherwise qualifies for the license.

C. Suspension, Revocation, or Denial. A license shall be suspended, denied, or revoked by the State Superintendent of Schools if the license holder:

(1) Pleads guilty or nolo contendere with respect to, receives probation before judgment with respect to, or is convicted of, a crime involving:

(a) Contributing to the delinquency of a minor;

(b) Moral turpitude if the offense bears directly on the individual’s fitness for employment in education;

(c) Sexual offense in the third or fourth degree; or

(d) A controlled dangerous substance offense if:

(i) The offense occurred on school property or during a school event; or

(ii) The individual has been convicted and the clerk of the court has certified and reported the controlled dangerous substance conviction to the Department consistent with Criminal Law Article §5–810, Annotated Code of Maryland, based on a finding by the court that a relationship exists between the conviction and the license;

(2) Willfully and knowingly:

(a) Makes a material misrepresentation or concealment as part of any licensure request;

(b) Files a false report or record, or makes any false document, as part of any licensure request;

(c) Presents a false certificate or misrepresents one’s licensure status to the Department or an employer; or

(d) Commits a violation of the test security and data reporting policy and procedures set forth in COMAR 13A.03.04;

(3) Fraudulently or deceptively obtains a license;

(4) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-701, Annotated Code of Maryland;

(5) Is dismissed or resigns after notice of allegation of misconduct involving a student in any school system or any minor;

(6) Is dismissed or resigns after notice of allegation of misconduct involving any cause for denial, suspension or revocation of a license provided in this regulation; or

(7) Has had a license suspended, revoked, denied, or voluntarily surrendered in another state for a cause which would be grounds for suspension or revocation under this regulation.

D. Revocation or Denial. A license shall be revoked or denied if the license holder:

(1) Pleads guilty or nolo contendere with respect to, receives probation before judgment with respect to, or is convicted of, a crime involving:

(a) Child abuse or neglect as defined in Criminal Law Article, §§3-601—3-603, Annotated Code of Maryland, or a comparable crime in another state;

(b) Possession, distribution, receipt, or production of child pornography;

(c) Sexual solicitation of a minor;

(d) A crime of violence as defined in Criminal Law Article, §14-101, Annotated Code of Maryland, or a comparable crime in another state; or

(2) Is dismissed or resigns after notice of allegations of sexual child abuse.

.03 Reporting Procedures.

A. Except as provided in Regulation .02B(2) of this chapter, the following individuals shall notify the State Superintendent of Schools in writing of charges against an applicant, license holder, or both pursuant to Regulation .02 of this chapter:

(1) The local superintendent of schools or a state agency employer if the:

(a) Individual is currently employed or was employed by the local school system or state agency employer at the time the conduct occurred, or

(b) Conduct is reported to the local school system in a criminal background investigation required under Family Law Article, §§5-560—5-568, Annotated Code of Maryland;

(2) The administrator of a nonpublic school if the:

(a) Individual is currently employed or was employed by the nonpublic school at the time the conduct occurred, or

(b) Conduct is reported to the nonpublic school in a criminal background investigation required under Family Law Article, §§5-560—5-568, Annotated Code of Maryland; or

(3) The Assistant State Superintendent of Educator Licensure and Program Approval.

B. The written report shall include all of the following:

(1) Name and current or last known address, e-mail, and phone number of the person against whom the charges are being filed;

(2) Type of license or licenses held by the person against whom the charges are being filed;

(3) Specific grounds as set forth in Regulation .02 of this chapter and the specifications that support the grounds for either suspension or revocation;

(4) Confirmation that the employee has foregone an appeal or exhausted appeal rights if any employment-related discipline was issued; and

(5) A recommendation on the type of disciplinary action that should be issued, including the following considerations:

(a) The parties may agree to a joint recommendation to the State Superintendent of Schools on the resolution of the case;

(b) The joint recommendation is not binding; and

(c) The State Superintendent of Schools may accept or reject the recommendation.

C. The State Superintendent of Schools shall deny, suspend, or revoke a license pursuant to written notification by a local superintendent of schools, an administrator of a nonpublic school, or the Assistant Superintendent of Educator Licensure and Program Approval, of the charges against the license holder.

D. Before denying, suspending or revoking a license, the State Superintendent of Schools shall:

(1) Send the applicant, license holder, or both written notice of the charges; and

(2) Advise the applicant, license holder, or both of the right to request a hearing within 15 calendar days of the date of the written notice.

E. The State Superintendent of Schools shall e-mail and mail one copy of the written notice and the procedures applicable to the suspension or revocation of a license by certified mail to the current or last known address of the license holder.

F. The license holder against whom charges have been filed may request a hearing in writing within 15 calendar days of the date of the written notice.

G. If the license holder does not request a hearing in writing on the charges within the 15-day period set forth in §D(2) of this regulation, the State Superintendent of Schools shall suspend or revoke the license holder’s certificate.

H. Voluntary Surrender.

(1) An educator who is under investigation or facing charges for a cause listed in Regulations .02C and D of this chapter may voluntarily surrender his or her license.

(2) A license that is voluntarily surrendered shall be treated as a revocation by the Department and may not be reinstated, except as described in Regulation .09 of this chapter.

I. Placing an Alert on an Educator’s Record.

(1) The Department may place an alert on a licensure record upon the request of a local school system, nonpublic school, state agency, or on its own accord, if an educator:

(a) Has had action taken on a license by another state; or

(b) Is facing the suspension or revocation of a license after being informed of charges by the State Superintendent of Schools.

(2) An alert does not affect the validity of an educator’s license.

(3) The local school system, nonpublic school, or state agency shall immediately inform the Department if grounds no longer exist to suspend, deny, or revoke an educator’s license.

(4) The Department shall immediately remove the alert from an educator’s record if it becomes aware that grounds no longer exist to deny, suspend or revoke an educator’s license.

J. Action on an Expired License. The Department may take action against an educator’s license even if the license has expired as long as the basis for the action occurred while the license was active.

K. Denial.

(1) The Department shall deny a license to an individual who has committed a cause listed under Regulations .02C and D of this chapter, but does not currently hold a license.

(2) An individual who has been denied a license may appeal the decision through the process outlined in Regulations .03—.07 of this chapter.

(3) An individual under investigation for a cause under .02 of this chapter shall remain ineligible for a license pending the result of the investigation.

(4) Denial Because of a Failure to Pay Child Support.

(a) An individual whose failure to pay child support meets the criteria for denial of a professional license pursuant to Family Law Article, §10-119.3, Annotated Code of Maryland, following written notification to the State Superintendent of Schools by the Department of Human Services, Child Support Enforcement Administration, is ineligible for a license.

(b) Prior to denial of a license, the State Superintendent shall send written notice to the individual, including the right to contest the identity of the individual whose license shall be denied.

(c) An individual may appeal the decision to deny a license based on failure to pay child support in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. At the appeal hearing, the issue shall be limited to whether the Department of Human Services, Child Support Enforcement Administration, has mistaken the identity of the individual whose license was denied.

(d) The State Superintendent shall immediately withdraw the denial of an application for a license if notified by the Department of Human Services, Child Support Enforcement Administration, that the individual is eligible for a professional license and the individual otherwise qualifies for a license.

.04 Hearing Procedures.

A. If the license holder requests a hearing in writing within the 15-day period, the State Superintendent of Schools shall promptly refer the case to the Office of Administrative Hearings.

B. If the written charges were filed against the license holder by the local superintendent of schools or an administrator of a nonpublic school under Regulation .03 of this chapter, a representative from the local school system or nonpublic school shall present the case before the Office of Administrative Hearings.

C. Hearing procedures shall be in accordance with the Administrative Procedure Act, State Government Article, §10-201 et seq., Annotated Code of Maryland, and with COMAR 28.02.

D. The administrative law judge shall determine if the charges against the license holder are supported by a preponderance of the evidence.

E. The administrative law judge shall submit in writing to the State Superintendent of Schools proposed findings of fact, proposed conclusions of law, and recommendations. The written proposed decisions shall be distributed to the parties.

F. A party objecting to the administrative law judge’s proposed decision may file exceptions with the State Superintendent of Schools within 15 calendar days of the date of the decision, and:

(1) A copy of the exceptions shall be provided to the opposing party;

(2) An opposing party may respond to the exceptions within 15 calendar days of the date of the exceptions;

(3) All parties shall have an opportunity for oral argument before the State Superintendent of Schools before a final decision is rendered; and

(4) Oral argument before the State Superintendent of Schools shall be limited to 15 minutes per side.

.05 Record of Hearings.

A. The Office of Administrative Hearings shall prepare an official case record as provided in COMAR 28.02.01.23.

B. The proceedings before the administrative law judge shall be recorded by the Office of Administrative Hearings. A transcript of the proceedings, or part of the proceedings, shall be paid by the party requesting the transcript, and costs of an expedited transcript shall be paid by the party requesting the expedited transcript.

.06 Decisions.

A. The State Superintendent of Schools shall make the final decision in all contested cases dealing with the revocation, suspension, or denial of a license.

B. The final decision of the State Superintendent of Schools shall be in writing and contain findings of fact and conclusions of law.

C. A copy of the decision shall be promptly delivered or mailed to each party as well as the party’s attorney of record.

.07 Reconsideration of a Decision.

A. A party aggrieved by the decision may file a written request for reconsideration with the State Superintendent of Schools within 30 calendar days of the date of the decision.

B. The party requesting reconsideration shall serve copies of the request on all other parties.

C. A response to a request for reconsideration shall be filed within 15 calendar days of the date of the request for reconsideration.

D. Action on the application for reconsideration shall lie in the discretion of the State Superintendent of Schools, except that a decision may not be disturbed unless there is sufficient indication in the application that new facts material to the issues have been discovered or have occurred after the decision.

E. The State Superintendent of Schools may refuse to consider facts that the party could have produced at the hearing.

F. The State Superintendent of Schools may stay the enforcement of the original decision at his or her discretion, upon a finding of good cause.

G. The State Superintendent of Schools may, at his or her discretion, abrogate, change, or modify the original decision, or remand the case to the administrative law judge.

.08 Educator Identification Clearinghouse.

A. The Educator Identification Clearinghouse is maintained by the National Association of State Directors of Teacher Education and Certification to provide a mechanism for licensing agencies to exchange names of educators whose licenses have been denied, revoked, suspended, or surrendered.

B. The State Superintendent of Schools shall notify the Educator Identification Clearinghouse of all surrender, suspension, revocation, and denial decisions as part of the interstate certification data exchange.

C. Only final actions that are matters of public record will be provided to the Clearinghouse.

D. The existence of a record in the Educator Identification Clearinghouse alone is not grounds for a reciprocal action.

.09 Reinstatement.

A. A professional license which has been suspended under this chapter is automatically reinstated at the end of the suspension period, if the license did not expire during the period of suspension. If the license expired during the period of suspension, the holder of the former license may reapply but shall meet the licensure requirements that are in effect at the time of the application for the new license.

B. If a decision of suspension, revocation, or voluntary surrender is based on Regulation .02C(1) or D(1) of this chapter and if the plea, probation before judgment, or conviction is overturned, or expunged, and there is no subsequent proceeding leading to a plea, probation before judgment, or conviction, the individual whose license is suspended, revoked, or voluntarily surrendered may file a written request for reinstatement, including documentation of the final status of the judicial proceeding.

C. Reinstatement Review Panel.

(1) An individual whose license was revoked under Regulation .02C of this chapter or voluntarily surrendered may petition the Reinstatement Review Panel for reinstatement of the license not sooner than 10 years from the date of revocation.

(2) The Reinstatement Review Panel shall consist of one member of the Maryland State Board of Education appointed by its president, one member of the Professional Standards and Teacher Education Board appointed by its chairperson, and the State Superintendent of Schools or designee.

(3) The individual seeking reinstatement shall submit to the Reinstatement Review Panel a written petition showing credible evidence, by affidavit or otherwise, of the factors set out in §C(4) of this regulation, and may request an opportunity to appear in person before the Panel.

(4) The Reinstatement Review Panel shall consider all of the following facts in evaluating a petition for reinstatement:

(a) The nature and circumstances of the individual’s original misconduct;

(b) The individual’s subsequent conduct and reformation;

(c) The individual’s present character; and

(d) The individual’s present qualifications and competence.

(5) The Reinstatement Review Panel may place conditions upon a reinstatement, including requiring an individual to complete ethics training.

(6) Upon unanimous vote of the Reinstatement Review Panel and if the individual has met all current licensure requirements, and subject to any conditions placed on the reinstatement by the Reinstatement Review Panel, the State Superintendent of Schools shall reinstate the license.

(7) Upon the Reinstatement Review Panel’s request, MSDE staff may advise the panel regarding the licensure regulations.

D. A license revoked or voluntarily surrendered while an educator is under investigation or facing charges under Regulation .02D of this chapter may not be reinstated.

 

13A.12.07 Professional Standards and Teacher Education Board

Authority: Education Article, §§6-701 and 6-704, Annotated Code of Maryland

.01 Promulgation of Regulations.

A. The State Board of Education and the Professional Standards and Teacher Education Board (PSTEB) shall develop for consideration regulations for:

(1) The licensure of teachers and other professional personnel; and

(2) Requirements for preparation of teachers and other education personnel.

B. Regulations that are initiated by either the State Board or the PSTEB and submitted for review to the non-initiating Board shall be acted upon within 60 days by the non-initiating Board.

.02 Review Board — Scope.

The procedures in Regulations .03—.08 of this chapter govern all appeals from rulings of the licensure staff taken to the Review Board of the PSTEB. The appeals do not constitute contested cases under the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

.03 Review Board — Method of Appeal.

A. An appeal to the Review Board shall be taken by filing a written request for appeal within 30 days from the date the appellant receives notice of the ruling of the licensure staff.

B. The written request for appeal shall be addressed to the chairperson of the Review Board, with a copy to the Assistant State Superintendent for Educator Licensure and Program Approval.

C. The written request for appeal shall specify whether the appeal is to be on the record pursuant to Regulation .03 of this chapter or in person pursuant to Regulation .04 of this chapter. It shall include a statement of the appellant’s objections to the ruling of the licensure staff and the reasons supporting each objection.

D. Upon receipt of a copy of the request, the Assistant State Superintendent for Educator Licensure and Program Approval shall:

(1) Cause the entire file concerning the ruling to be transmitted to the Review Board.

(2) Acknowledge receipt of the request in writing to the appellant;

(3) Send a copy of this chapter to the appellant; and

(4) Schedule the appeal promptly before the Review Board, allowing reasonable advance notice to all parties.

.04 Review Board — Appeal on the Record.

A. At the appellant’s option, the Review Board may make findings and submit recommendations to the PSTEB based solely on the written record.

B. The appellant may provide additional relevant documents to the Review Board, and shall submit a written statement explaining the appellant’s position. Additions to the file shall be submitted at least 15 days before the scheduled appeal.

C. Licensure staff may submit a written response to the appellant’s statement and provide any additional relevant documents to the Review Board at least 10 days before the scheduled appeal.

D. The appellant may submit a written reply to staff’s response at least 5 days before the scheduled appeal.

.05 Review Board — Appeal in Person.

A. At the written request of the appellant, the Review Board shall allow oral argument on the appeal.

B. Oral presentations at the hearing shall be limited to 15 minutes for a representative of the licensure staff, followed by 15 minutes for the appellant.

C. The Review Board may ask questions of either party. Other oral presentation or testimony is not permitted.

D. Both parties may present a written summary of their oral presentation.

.06 Review Board — Findings and Recommendations.

A. The Review Board shall deliberate the appeal in closed session and, by majority of the quorum present, make findings and recommendations to the PSTEB.

B. The Review Board’s findings and recommendations shall be submitted by the chairperson in a written report to the PSTEB. This report shall include:

(1) Issues in question;

(2) Findings of fact;

(3) Conclusions of law; and

(4) Recommendations and reasons for them.

C. The written findings and recommendations shall be submitted to the PSTEB. A copy shall be mailed to the appellant.

.07 Review Board — Exceptions.

A. The appellant may file written exceptions to the Review Board’s findings and recommendations by submitting these exceptions to the chairperson of the PSTEB within 15 days from the date of the Review Board’s report.

B. The licensure staff may file a written response to the exceptions within 10 days of the date the exceptions are filed.

.08 Review Board — Final Determination.

A. The PSTEB shall make the final determination in each appeal from rulings of the licensure staff.

B. Before making a final determination, each member of the PSTEB shall be provided with:

(1) A copy of the ruling of the licensure staff which is the subject of the appeal;

(2) The written request for appeal;

(3) The written report of the Review Board;

(4) Any documents in the file cited in the report; and

(5) Any written exceptions and response to exceptions.

C. The entire appeal file shall be made available to the PSTEB members upon request.

D. The PSTEB shall, by majority vote of the quorum present, accept or reject the recommendation of the Review Board. The decision of the PSTEB is final.

E. The chairperson of the PSTEB shall notify the appellant in writing of the final determination, including the rationale for it.

MOHAMMED CHOUDHURY
State Superintendent of Schools

 

Title 15
MARYLAND DEPARTMENT OF AGRICULTURE

Subtitle 01 OFFICE OF THE SECRETARY

15.01.19 Certified Local Farm Enterprise Program

Authority: Agriculture Article, §2-103; State Finance and Procurement Article, §§14-701—14-707, Annotated Code of Maryland

Notice of Proposed Action

[22-022-P]

     The Maryland Department of Agriculture proposes to adopt new Regulations .01—.10 under a new chapter, COMAR 15.01.19 Certified Local Farm Enterprise Program.

Statement of Purpose

The purpose of this action is to adopt new regulations implementing recent legislation establishing the Certified Local Farm Enterprise Program (H.B. 1488, Acts of 2020). Under the Program, State agencies, including public universities, shall structure their procurement procedures for food to try to achieve an overall goal of 20 percent of the unit's total dollar value of all such procurement contracts made directly or indirectly from Certified Local Farm Enterprises. To be certified, a local farm operation must meet the requirements of the State's Nutrient Management Law (Agriculture Article, Title 8, Subtitle 3, Annotated Code of Maryland).

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Mark Powell, Chief, Maryland Department of Agriculture, 50 Harry S. Truman Parkway, Annapolis, MD 21401, or call 410-841-5775, or email to mark.powell@maryland.gov. Comments will be accepted through February 14, 2022. A public hearing has not been scheduled.

.01 General—Purpose.

Each procurement agency shall structure its procurement procedures for food to try to achieve an overall goal of 20 percent of the unit’s total dollar value of all such procurement contracts made directly or indirectly from Certified Local Farm Enterprises.

.02 Scope.

This chapter applies to every procurement of food by a procurement agency.

.03 Definitions.

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

B. Terms Defined.

(1) “Certification” means a determination by the Office for the Certified Local Farm Enterprise Program through the procedures outlined in this chapter that a legal entity is a Certified Local Farm Enterprise for purposes of these regulations.

(2) “Certified Local Farm Enterprise” means a local farm enterprise that holds a certification issued by the Office for the Certified Local Farm Enterprise Program.

(3) “Department” means the Maryland Department of Agriculture.

(4) “Food” or “food product” means any locally grown agricultural, horticultural, vegetable, or fruit product of the soil, including livestock, meats, poultry, eggs, dairy products, nuts, honey, and every food product of a farm, a forest, an orchard, a garden or water.

(5) “Locally grown” means food grown in Maryland or within 50 miles of the Maryland State border.

(6) “Office” means the Office for the Certified Local Farm Enterprise Program.

(7) “Procurement agency” means a principal department or independent unit of the Executive Branch of the State, not otherwise exempted from application of this chapter, that is authorized under State law to procure food.

(8) “Program” means the Certified Local Farm Enterprise Program.

(9) “Solicitation” means public notice of a solicitation for bids, offers, or expressions of interest which contains the nature of the procurement, relevant dates, the availability of solicitation documents, if any, and other pertinent information. The notice may consist of, but is not limited to:

(a) Legal advertisement;

(b) Newspaper notice;

(c) Bid board notice;

(d) Bid or proposal documents including the invitation for bids or request for proposals; or

(e) eMaryland Marketplace notice.

.04 Criteria to Become a Certified Local Farm Enterprise.

A. To become a Certified Local Farm Enterprise, the Office need only determine that a local farm enterprise meets the nutrient management requirements established under Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland. No other criteria shall be required for certification.

B. The Office shall certify and decertify local farm enterprises through a single process, which may occur by mail, hand-delivery, or electronic application on a form created by the Office. The Office may decertify a local farm enterprise that no longer meets the nutrient management requirements established under Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland.

C. The Office may consider initial applications for certification at any time. The Office shall re-certify local farm enterprises on an annual basis in January of each year.

D. The Office may decertify any local farm enterprise if the Department determines that a local farm enterprise does not meet the nutrient management requirements established under Agriculture Article, Title 8, Subtitle 8, Annotated Code of Maryland.

.05 Central Directory.

A. The Office shall publish and maintain in an electronic format available to the general public through the internet a Central Directory of local farm enterprises it has certified under this chapter. The Central Directory shall specify the type of food primarily provided by and the date of certification of the Certified Local Farm Enterprise and shall include the address, phone number, and contact person for the Certified Local Farm Enterprise.

B. The Central Directory shall include all contract information available to the Office for the Certified Local Farm Enterprise, except when disclosure is prohibited by State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland, and the certification number of the local farm enterprise.

C. The Central Directory may include other information the Office considers necessary or appropriate to encourage participation in the procurement process by Certified Local Farm Enterprises.

D. The Central Directory:

(1) Shall be updated in January of each year;

(2) Shall identify the date of certification for each local farm enterprise that has obtained certification during the previous calendar year;

(3) Shall include a list of all local farm enterprises that have become ineligible to participate in the Program in the previous calendar year because they have been decertified; and

(4) May not include any local farm enterprise that has a pending certification application.

.06 Procurement Solicitations.

A. To attain the Certified Local Farm Enterprise purpose under Regulation .01 of this chapter, a procurement agency shall set an overall Certified Local Farm Enterprise participation goal of 20 percent of the unit's total dollar value of all procurement contracts for food.

B. Prebid and Preproposal Conferences. When prebid or preproposal conferences are held, the procurement agency shall explain the Certified Local Farm Enterprise provisions of the solicitation, the documentation required, and their relationship to the determinations that will be made in connection with the evaluation process.

.07 Waiver.

A. An agency head may waive any of the provisions of Regulation .06 of this chapter for a sole-source, expedited, or emergency procurement in which the public interest cannot reasonably accommodate use of those procedures.

B. If, for good reason, the apparent successful bidder or offeror is unable to achieve the overall Certified Local Farm Enterprise contract goal, the bidder or offeror shall submit to the procurement agency the following documentation in support of a waiver request:

(1) A detailed statement of the efforts made to utilize Certified Local Farm Enterprises;

(2) A detailed statement of the efforts made to contact and negotiate with Certified Local Farm Enterprises, including:

(a) The names, addresses, dates, and telephone and certification numbers of Certified Local Farm Enterprises contacted;

(b) A description of the information provided to Certified Local Farm Enterprises contacted regarding any solicitation; and

(3) A list of Certified Local Farm Enterprises found to be unavailable.

C. A procurement agency may only grant a waiver of a Certified Local Farm Enterprise contract goal upon a reasonable demonstration by the bidder or offeror that Certified Local Farm Enterprise participation was unable to be obtained, or was unable to be obtained at a reasonable price, and if the agency head or designee determines that the public interest is served by a waiver. In making a determination under this section, the agency head or designee may consider supply estimates, food prices, general market availability, and availability of Certified Local Farm Enterprises in the area where the food is to be supplied, other bids or offers substantiating significant variances between Certified Local Farm Enterprises and noncertified suppliers, and their impact on the overall cost of the contract to the State and any other relevant factor.

D. The Office may waive any of the requirements of this chapter for a sole-source, expedited, or emergency procurement in which the public interest cannot reasonably accommodate use of the requirements in this chapter.

E. When a waiver is granted, one copy of the waiver determination and the reasons for the determination shall be kept by the Office.

F. Not later than July 31 of each year, the Office shall submit directly to the Board of Public Works an Annual Report of Waivers Granted under this regulation.

G. The report required under §F of this regulation shall contain the following information on those contracts where Certified Local Farm Enterprise goals are present and one or more waiver requests have been approved:

(1) The contract titles, numbers, and dates;

(2) The number of waiver requests received;

(3) The number of waiver requests granted; and

(4) Any other information specifically requested by the Board of Public Works.

H. The Board of Public Works shall:

(1) Retain a copy of the Annual Report of Waivers Granted; and

(2) Forward a copy of the Annual Report of Waivers Granted to the Senate Education, Health and Environmental Affairs Committee and the House Health and Government Operations Committee on or before October 1 of each year.

.08 Amendment of Procurement Bid.

A. If, at any time after submission of a bid or proposal and before execution of a contract, a bidder or offeror determines that a Certified Local Farm Enterprise listed on the Certified Local Farm Enterprise participation schedule has become or will become unavailable or ineligible to provide the food products required under the contract, then the bidder or offeror:

(1) Within 72 hours of making the determination, shall provide written notice to the procurement officer; and

(2) Within 5 business days of making the determination, may make a written request to the procurement officer to amend the Certified Local Farm Enterprise participation portion of the bid.

B. For purposes of this regulation, “ineligible” means a farm enterprise may not be counted toward meeting the goal of 20 percent of the unit's total dollar value of a procurement contract because the farm enterprise is no longer certified by the Office.

C. The request to amend the Certified Local Farm Enterprise participation shall include:

(1) An explanation of the reason for excluding the ineligible supplier;

(2) The name of each Certified Local Farm Enterprise that will substitute for the ineligible supplier; and

(3) A full description of the bidder's or offeror's efforts to substitute another Certified Local Farm Enterprise to supply the food that the unavailable or ineligible Certified Local Farm Enterprise would have supplied.

D. If a bidder or offeror cannot designate a substitute Certified Local Farm Enterprise for an ineligible supplier, the bidder or offeror’s bid may be disqualified.

E. If, during the term of a procurement contract, a Certified Local Farm Enterprise becomes decertified, the bidder or offeror shall designate within 30 calendar days a substitute Certified Local Farm Enterprise to complete the contract obligations.

.09 Compliance.

A. Each procurement agency is responsible for ensuring compliance with Certified Local Farm Enterprise participation goals.

B. To ensure compliance with Certified Local Farm Enterprise participation goals, each procurement agency shall:

(1) Verify that the Certified Local Farm Enterprises listed in the Certified Local Farm Enterprise participation contract are actually providing farm products and receiving required compensation; and

(2) Monitor and collect data on contractor compliance with Certified Local Farm Enterprise participation goals.

C. The contractor shall permit the procurement agency to inspect any relevant matter, including records.

D. Upon determining that a contractor did not make good faith efforts to comply with Certified Local Farm Enterprise participation goals, the procurement agency shall notify the contractor in writing of its findings and shall specify what corrective actions are required. The contractor shall initiate the corrective actions within 10 calendar days and complete them within the time specified by the procurement agency.

E. If a procurement agency determines that material noncompliance with local farm enterprise contract provisions exists and that the contractor refuses or fails to take the corrective action required by the procurement agency, then the following sanctions may be invoked:

(1) Termination of the contract;

(2) Referral to the Office of the Attorney General for appropriate action; or

(3) Initiation of any other specific remedy identified by contract.

F. Upon completion of any contract, the procurement agency shall:

(1) Prepare a report that compares the dollar value of the payments actually received by Certified Local Farm Enterprises with the dollar value of the amount that Certified Local Farm Enterprises were intended to have received under the contract's Certified Local Farm Enterprise participation goal; and

(2) Include in the report an explanation of any discrepancy.

G. A procurement agency may use any other compliance mechanism authorized by contract or this chapter.

.10 Reporting.

A. Within 90 days after the end of each fiscal year, each procurement agency shall report to the Office.

B. A report under this regulation for the preceding fiscal year shall:

(1) State the total number and value of procurement contracts for food, as applicable, between the procurement agency; and

(a) A Certified Local Farm Enterprise; or

(b) A primary contractor, showing the number and value of contracts that the primary contractor has with Certified Local Farm Enterprises;

(2) State the percentage that those procurement contracts for food in §B(1) of this regulation represents of the total number and value of procurement contracts for food awarded by the procurement agency;

(3) State the total number and the names of Certified Local Farm Enterprises that participated in procurement contracts for food awarded by the procurement agency; and

(4) For each Certified Local Farm Enterprise included in the report under §B(3) of this regulation, list all procurement contracts for food awarded by the procurement agency to the Certified Local Farm Enterprise or a vendor who has contracted with a Certified Local Farm Enterprise, including a description of the contract.

C. Reports required by this regulation shall be:

(1) In a form prescribed by the Office; and

(2) Approved by the Board of Public Works.

JULIANNE A. OBERG
Deputy Secretary

 

Title 33
STATE BOARD OF ELECTIONS

Notice of Proposed Action

[22-025-P]

The State Board of Elections proposes to:

(1) Amend Regulation .01 under COMAR 33.01.01 Definitions;

(2) Adopt new Regulation .04 under COMAR 33.11.01 Definitions; General Provisions; and

(3) Amend Regulation .02 under COMAR 33.17.02 Early Voting Centers.

This action was considered by the State Board of Elections at its October 28, 2021, meeting, notice of which was given in accordance with General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Clarify the definitions of the terms "absentee ballot", "mail-in ballot", and "mail-in voting";

(2) Correct a reference to a subsection in a paragraph from a prior renumbering of subsections;

(3) Update the documents acceptable to determine proof of residency;

(4) Determine the considerations for a ballot drop box location, the requirements for a ballot drop box location, and the approval process for a ballot drop box location; and

(5) Determine the considerations for an early voting center, and update the placement of requirements for an early voting center within the regulation.

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 an impact on individuals with disabilities as follows:

The regulation has a positive impact on individuals with disabilities in that it requires local boards to propose early voting centers that are accessible or can be made accessible for voters with disabilities. (This is not a new requirement, but the requirements for an early voting center have been moved within the regulation.)

Opportunity for Public Comment

Comments may be sent to Tracey Hartman, Director of Special Projects, State Board of Elections, 151 West Street, Suite 200, Annapolis, MD 21401, or call 410-269-2931, or email to traceye.hartman@maryland.gov, or fax to 410-974-2019. Comments will be accepted through February 14, 2022. A public hearing has not been scheduled.

 

Subtitle 01 DEFINITIONS; GENERAL PROVISIONS

33.01.01 Definitions

Authority: Election Law Article, §§1-101, 2-102(b)(4), 3-101, [and] 3-305(e), and 9-301; State Government Article, §15-715(g); Annotated Code of Maryland; 52 U.S.C. 21083(a)(5)(A)—(B)

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Absentee ballot” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland. The term is synonymous with mail-in ballot.

(2)(20) (text unchanged)

(21) “Mail-in ballot” has the meaning stated in Election Law Article, §1-101, Annotated Code of Maryland. The term is synonymous with absentee ballot.

(22) “Mail-in voting” refers to the process established by Election Law Article, Subtitle 3, Annotated Code of Maryland. The term is synonymous with absentee voting.

[(21)] (23) [(22)] (24) (text unchanged)

[(23)] (25) Personal Identification Information.

(a) (text unchanged)

(b) For the purposes of [§B(19)(a)(ii)] §B(25)(a)(ii) of this regulation, "current" means within the last 3 months.

[(24)] (26)[(26)] (28) (text unchanged)

[(27)] (29) Proof of Residency.

(a) “Proof of residency” means one of the following documents:

(i) — (vi) (text unchanged)

(vii) A current paycheck; [or]

(viii) Another current government document[.]; or

(ix) A current document from an independent institution of higher education, as defined by Education Article, §10-101(g), Annotated Code of Maryland, for an individual who resides on the campus of the institution.

(b) — (d) (text unchanged)

[(28)] (30)[(39)] (41) (text unchanged)

 

Subtitle 11 ABSENTEE BALLOTS

33.11.01 Definitions; General Provisions

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 2-304, 2-305,
9-303, 9-305, 9-306, 11-301, 11-302, and 11-304, Annotated Code of Maryland

.04 Ballot Drop Boxes.

A. Considerations for Ballot Drop Box Locations. A local board shall consider the following factors when determining the location of a ballot drop box:

(1) Accessibility of the ballot drop box to historically disenfranchised communities, including voters with disabilities, cultural groups, ethnic groups, and minority groups;

(2) Proximity of the ballot drop box to dense concentrations of voters;

(3) Accessibility of the ballot drop box by public transportation;

(4) Ensuring equitable distribution of ballot drop boxes throughout the county; and

(5) Maximizing voter participation, including through the use of community centers and public gathering places.

B. Requirements for Ballot Drop Boxes Locations.

(1) Each ballot drop box location shall have security cameras to monitor the box at all times.

(2) The images from each security camera shall be made available to the local board immediately or within a reasonable amount of time of a request from the State Administrator or local board.

C. Approval Process for Ballot Drop Box Locations.

(1) The State Administrator shall:

(a) Prescribe a form for a local board to use to provide information about a proposed ballot drop box; and

(b) Provide each local board with the form at least 7 months before a primary election.

(2) The form shall:

(a) Include questions related to whether the proposed ballot drop box meets the considerations and requirements defined in §§A and B of this regulation; and

(b) If a proposed ballot drop box does not satisfy all of the considerations defined in §A of this regulation, allow the local board to list other locations that were considered and why they were not proposed and describe the factors that mitigate the fact that the proposed ballot drop box location does not meet the considerations defined in §A of this regulation.

(3) At least 6 months before a primary election, the local board shall submit to the State Administrator:

(a) A form for each proposed ballot drop box; and

(b) Forms for all proposed ballot drop boxes at the same time.

(4) The State Administrator shall approve a proposed location that meets the considerations defined in §A of this regulation.

(5) If the State Administrator determines that a proposed ballot drop box location does not meet the considerations defined in §A of this regulation:

(a) Within 2 days of making the determination, the State Administrator shall provide the local board with a detailed explanation of why the proposed location does not meet the factors;

(b) The State Administrator shall require that the local board reconsider the proposed location for one or more ballot drop boxes and propose one or more other locations that meet the considerations defined in §A of this Regulation; and

(c) Within 7 days of receiving the State Administrator’s detailed explanation, the local board shall:

(i) Propose one or more locations that meet the considerations defined in §A of this regulation; or

(ii) Explain why a location that meets the considerations defined in §A of this regulation cannot be proposed and propose the location of an additional ballot drop box.

(6) The State Administrator may add additional ballot drop box locations if the State Administrator determines that the proposed ballot box location does not meet the considerations defined in §A of this regulation.

 

Subtitle 17 EARLY VOTING

33.17.02 Early Voting Centers

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and 10-301.1, Annotated Code of Maryland

.02 Selecting Early Voting Centers.

A. Considerations for Early Voting Centers. A local board shall consider the following factors when determining the location of an early voting center:

(1) Accessibility of the early voting center to historically disenfranchised communities, including cultural groups, ethnic groups, and minority groups;

(2) Proximity of the early voting center to dense concentrations of voters such that:

(a) If a county has one or two early voting centers, 50 percent of the registered voters in the county live within 10 miles of one of the proposed early voting center; or

(b) If a county has three or more early voting centers, 80 percent of the registered voters live within 5 miles of one of the early voting centers;

(3) Accessibility of the early voting center by public transportation;

(4) Ensuring equitable distribution of early voting centers throughout the county;

(5) Maximizing voter participation, including through the use of community centers and public gathering places as locations for early voting centers;

(6) Whether the early voting center can accommodate long lines of voters, including taking into consideration how voters waiting in line are protected against inclement weather; and

(7) Whether the early voting center has parking facilities sufficient for early voting, taking into consideration the normal business activities of the proposed early voting center.

B. Requirements for Early Voting Centers. A local board shall propose early voting center locations that:

(1) Allow a local board to install the required telecommunication needs;

(2) Are of sufficient size and layout to conduct early voting, including adequate access to electricity;

(3) Are accessible or can be made accessible for voters with disabilities;

(4) Can store voting equipment and supplies in a secure location during non-early voting hours;

(5) Have sufficient and reliable heating and air-conditioning capabilities; and

(6) Can accommodate a no electioneering zone as required by Election Law Article, §16-206, Annotated Code of Maryland, exit polling as required by COMAR 33.07.08, and electioneering outside of the no-electioneering zone.

[A.] C. (text unchanged)

[B.] D. Contents of Form. The form shall include questions related to whether the proposed early voting center meets the considerations and requirements defined in §§A and B of this Regulation[:].

[(1) Will allow a local board to install the required telecommunication needs;

(2) Is of sufficient size and layout to conduct early voting, including adequate access to electricity;

(3) Is accessible or can be made accessible for voters with disabilities;

(4) Is located in the county such that:

(a) In the case of a county that is assigned one early voting center, 50 percent of the registered voters in the county live within 10 miles of the proposed early voting center; or

(b) In the case of a county that is assigned three or five early voting centers, along with the other early voting centers in the county, 80 percent of the registered voters live within 5 miles of one of the early voting centers;

(5) Has the ability to store voting equipment and supplies in a secure location during non-early voting hours;

(6) Can accommodate long lines of voters, including how voters waiting in line are protected against inclement weather;

(7) Is served by public transportation and roads;

(8) Has sufficient and reliable heating and air-conditioning capabilities;

(9) Has parking facilities sufficient for early voting taking into consideration the normal business activities of the proposed early voting center; and

(10) Can accommodate a no electioneering zone as required by Election Law Article, §16-206, Annotated Code of Maryland, exit polling as required by COMAR 33.07.08, and electioneering outside of the no electioneering zone.]

[C.] E — [G] I. (text unchanged)

LINDA H. LAMONE
State Administrator of Elections

 

Subtitle 11 ABSENTEE BALLOTS

33.11.02 Applications

Authority: Election Law Article, §§2-102(b)(4) and 3-202.1, Annotated Code of Maryland

Notice of Proposed Action

[22-024-P]

The State Board of Elections proposes to amend Regulation .03 under COMAR 33.11.02 Applications. This action was considered by the State Board of Elections at its September 9, 2021, meeting, notice of which was given in accordance with General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify the requirements for an absent uniformed services voter or an overseas voter who does not have a Maryland driver’s license or MVA identification card number to request an absentee ballot and receive it electronically.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Tracey Hartman, Director of Special Projects, State Board of Elections, 151 West Street, Suite 200, Annapolis, MD 21401, or call 410-269-2931, or email to traceye.hartman@maryland.gov, or fax to 410-974-2019. Comments will be accepted through February 14, 2022. A public hearing has not been scheduled.

.03 Informal, Written Request.

A. (text unchanged)

B. Contents of Request. The request shall include the:

(1) — (4) (text unchanged)

(5) If the voter wants to receive an electronic ballot[,]:

(a) [voter’s] Voter’s driver’s license or Maryland identification card number, the date the voter’s driver’s license or identification card was issued, and the last four digits of the voter’s Social Security number; or

(b) if the voter is an absent uniformed services voter or an overseas voter who does not have a Maryland driver’s license or MVA identification card number, the last four digits of the voter’s Social Security number.

C. — G. (text unchanged)

LINDA H. LAMONE
State Administrator of Elections

 

Subtitle 11 ABSENTEE BALLOTS

Notice of Proposed Action

[22-026-P]

The State Board of Elections proposes to amend:

(1) Regulation .05 under COMAR 33.11.02 Applications; and

(2) Regulation .06 under COMAR 33.11.03 Issuance and Return.

This action was considered by the State Board of Elections at its July 22, 2021, meeting, notice of which was given in accordance with General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to formalize procedures implemented for the 2020 elections and update and correct other provisions, including: (1) clarifying when a returned absentee ballot application does not need to be date stamped; (2) clarifying when a returned absentee ballot must be date stamped; and (3) clarifying that a voter can return an absentee ballot at a ballot drop box, the requirements of the design of a drop box, and the procedures for the retrieval of ballots and election material from the a drop box by the local board of elections.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Tracey Hartman, Director of Special Projects, State Board of Elections, 151 West Street, Suite 200, Annapolis, MD 21401, or call 410-269-2931, or email to traceye.hartman@maryland.gov, or fax to 410-974-2019. Comments will be accepted through February 14, 2022. A public hearing has not been scheduled.

 

33.11.02 Applications

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-303, 9-305,
9-306, 11-301, and 11-302b[,]; Public Safety Article, §14–107(d); Annotated Code of Maryland

.05 Processing Applications — In General.

A. Date Stamp.

(1) (text unchanged)

(2) An application need not be stamped if:

(a) It is received on or before the Friday before the deadline to request an absentee ballot by mail, provided that the election director stores the application in a container labeled with the date the application was received;

[(a)] (b)[(b)] (c) (text unchanged)

B. — D. (text unchanged)

 

33.11.03 Issuance and Return

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 2-305, 9-303, 9-305, 9-306, 11-301, 11-302, and 11-304, Annotated Code of Maryland

.06 Return of Ballot.

A. Date Stamp Return Envelope.

(1) [Whenever] Except as provided in §A(2) of this regulation, whenever an absentee ballot is received by a local board office, the election director shall stamp the return envelope with the date received.

(2) The election director shall:

(a) Stamp the return envelope with the date received if the local board received the return envelope on the day before the election or any day thereafter; and

(b) Store the return envelopes in a container labeled with the date the ballots were received.

B. — F. (text unchanged)

G. Ballots Returned at a Designated Ballot-Return Location.

(1) A voter can return a voted ballot at a ballot drop box designated by the local board to serve as ballot-return locations.

(2) The ballot drop box shall:

(a) Be designed to prevent an individual from accessing voted ballots once deposited;

(b) Include a statement that tampering with ballots is a crime; and

(c) Include the State Board’s phone number.

(3) The local board shall retrieve ballots and any other election materials according to chain of custody procedures issued by the State Administrator.

LINDA H. LAMONE
State Administrator of Elections

 

Errata

COMAR 18.02.05

     At 48:24 Md. R. 1052 (November 19, 2021), column 2, line 9 from the top:

     For:        Regulation .06 under COMAR 02.05.06 Country Clubs.

     Read:      Regulation .06 under COMAR 18.02.06 Country Clubs.

[22-02-17]

 

COMAR 36.10.11

     At 48:18 Md. R. 750 (August 27, 2021), column 1, line 7 from the top:

     For:        Authority: State Government Article, §§9-1A-24, 9-1E-04, and 9-1E-01

     Read:      Authority: State Government Article, §§9-1A-24 and 9-1E-01

[22-02-18]

 

 

Special Documents

 

MARYLAND DEPARTMENT OF TRANSPORTATION

OFFICE OF MINORITY BUSINESS ENTERPRISE

Subject: Announcement of Calendar Year 2022 Limitation on the Personal Net Worth (PNW) of a Socially and Economically Disadvantaged Individual as It Relates to Certification of a Minority Business Enterprise (MBE)

Add'l. Info.: The Maryland Department of Transportation Office of Minority Business Enterprise (OMBE) gives notice that effective January 1, 2022, the Personal Net Worth of a disadvantaged owner whose ownership interest in a firm is relied upon for certification in the State’s MBE program, may not exceed $1,847,024.  This PNW limit will apply to all MBE certification decisions rendered between January 1, 2022, and December 31, 2022. This action is taken in accordance with the Annotated Code of Maryland State Finance and Procurement Article § 14-301(k)(3). 

Contact: Sabrina Bass (410) 865-1240

[22-01-22]

 

 

General Notices

 

Notice of ADA Compliance

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

 

MARYLAND CORRECTIONAL ENTERPRISES CUSTOMER COUNCIL

Subject: Public Meeting

Dates and Times: April 19, 2022, 11 a.m. — 12 p.m.; Additional Dates: July 19 and October 18, 2022, 11:00 a.m. — 12:00 p.m.

Place: Jessup, MD

Contact: Ashley Lohr (410) 540-5405

[22-02-14]

 

EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL

Subject: Public Meeting

Date and Time: February 3, 2022, 1 — 3 p.m.

Place: Virtual meeting — please see details below.

Add’l. Info: The State Emergency Medical Services Advisory Council (SEMSAC) meets regularly on the 1st Thursday of each month. Due to COVID the meeting will be held virtually. Please call 410-706-5074 for access information. Part of the meeting may include a closed session.

Contact: Sheilé McAllister (410) 706-4449

[22-02-04]

 

EMERGENCY MEDICAL SERVICES BOARD

Subject: Public Meeting

Date and Time: February 8, 2022, 9 a.m. — 12 p.m.

Place: Virtual meeting — please see details below.

Add’l. Info: The Emergency Medical Services Board (EMS Board) meets regularly on the 2nd Tuesday of each month. Due to COVID the meeting will be held virtually. Please call 410-706-5074 for access information. Part of the meeting may include a closed session.

Contact: Sheilé McAllister (410) 706-4449

[22-02-05]

 

FIRE PREVENTION COMMISSION

Subject: Public Meeting

Date and Time: February 17, 2022, 9:30 a.m.

Place: Aberdeen Fire Department, 21 N. Rogers St., Main Meeting Rm. off Public Lobby, Aberdeen, MD

Add’l. Info: If public schools in Harford County are CLOSED due to inclement weather, the meeting and any appeals will be rescheduled. COVID protocols will be in place. The facility recommends unvaccinated guests wear face masks.  General parking is directly across street from the station; handicapped parking is at main entrance to public lobby. Portions of the meeting may be held in closed session. Visit the Commission’s website for any changes:   https://mdsp.maryland.gov/Organization/Pages/StateFirePreventionCommission.aspx

Contact: Heidi Ritchie (877) 890-0199

[22-02-09]

 

HEALTH SERVICES COST REVIEW COMMISSION/STAKEHOLDER WORKGROUP #1 TO DISCUSS DRAFTED HOSPITAL PAYMENT PLAN POLICY GUIDELINES IN ACCORDANCE WITH HOUSE BILL 565 (CH. 770, 2021 MD. LAWS)

Subject: Public Meeting

Date and Time: January 24, 2022, 6:30 — 8:30 p.m.

Place: Virtual meeting — please see details below.

Add’l. Info: The Health Services Cost Review Commission (HSCRC) will be holding a meeting via video conference on January 24, 2022, from 6:30 p.m. until 8:30 p.m. Please use the following link to register for the meeting:

     https://attendee.gotowebinar.com/register/4255685463924067595

After registering, you will receive a confirmation email containing information about joining the webinar.

Details for the meeting will be posted on the HSCRC website at hscrc.maryland.gov.

The public is welcome to attend the meeting via videoconference.

Contact: Megan Renfrew (410) 382-3855

[22-02-11]

 

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: January 20, 2022, 10 a.m. — 12 p.m.

Place: Montgomery Park Bldg., 1800 Washington Blvd., Ste. 330, Baltimore, MD

Add’l. Info: The January Commission meeting will be held in-person and via live stream, available on the day of the meeting at:

https://www.mdgaming.com/commission-meeting-1-20-2022/

Be advised, if attending the meeting in person, masks are required to enter the building

Contact: Kathy Lingo (410) 230-8790

[22-02-03]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Formal Start of Review

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

Hygea Detox, Inc. — Docket No., 21-03-2450

Establish a Track One Alcoholism and Drug treatment facility with 23 semi-private and 4 private rooms to be located on 7 acres located at 1210 Middle River Road, Baltimore. Proposed Cost: $11,412,724.

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

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

Persons desiring to become interested parties in the Commission’s review of the above-referenced application must meet the requirements of COMAR 10.24.01.01B(2) and (20) and must also submit written comments to the Commission no later than close of business February 14, 2022. These comments must state with particularity the State Health Plan standards or review criteria that you believe have not been met by the applicant as stated in COMAR 10.24.01.08F.

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

Contact: Ruby Potter (410) 764-3276

[22-02-10]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Request for Letters of Intent

Add’l. Info: Notice of Receipt of a Letter of Intent and Review for Track One Alcoholism and Drug Abuse Intermediate Care Facility. On December 7, 2021, the MHCC received a Letter of Intent from:

Avenues Recovery Center of Maryland — Establish a Track One Alcoholism and Drug Abuse Intermediate Care Facility with 20 beds to be located at 125 Fairground Road, Prince Frederick, Calvert County.

Pursuant to COMAR 10.24.01.08A(3) the Commission hereby initiates a 30-day period in which additional Letters of Intent to apply for a Certificate of Need may be submitted to establish a Track One Alcoholism and Drug Abuse Treatment Facility in Southern Maryland (St. Mary’s, Calvert, Charles, and Prince George’s Counties). Additional Letters of Intent should be submitted to the MHCC, 4160 Patterson Avenue, Baltimore, MD 21215, and are due by the close of business, February 14, 2022.

Contact: Ruby Potter (410) 764-3276

[22-02-12]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: January 20, 2022, 1 — 3 p.m.

Place: Virtual meeting — please see details below.

Add’l. Info: All meetings will be held virtually until further notice. Please visit the website to register:

     https://mhcc.maryland.gov/mhcc/pages/home/meeting_schedule/meeting_schedule.aspx

Contact: Valerie Wooding (410) 764-3570

[22-02-16]

 

OFFICE OF PUBLIC DEFENDER

Subject: Public Meeting

Date and Time: January 19, 2022, 5 — 6 p.m.

Place: Virtual meeting — please see details below.

Add’l. Info:

     https://us02web.zoom.us/j/82628694720?pwd=RUE4cEhtb1M3Y1V1Z28zVEdyZXprQT09

Meeting ID: 826 2869 4720

Passcode: 904336

One tap mobile

+13017158592,,82628694720#,,,,*904336# US (Washington DC)

+13126266799,,82628694720#,,,,*904336# US (Chicago)

Dial by your location:

+1 301 715 8592 US (Washington DC)

+1 312 626 6799 US (Chicago)

+1 929 205 6099 US (New York)

+1 253 215 8782 US (Tacoma)

+1 346 248 7799 US (Houston)

+1 669 900 6833 US (San Jose)

Meeting ID: 826 2869 4720

Passcode: 904336

Find your local number:

https://us02web.zoom.us/u/kb5I4NWc1T

Contact: Jaime Miller (410) 324-2478

[22-02-13]

 

MARYLAND DEPARTMENT OF TRANSPORTATION/OFFICE OF MINORITY BUSINESS ENTERPRISE

Subject: Public Hearing

Dates and Time: January 19, 2022, 8:30 a.m. — 5 p.m.; Additional Dates: February 2 and 16, 2022

Place: Virtual Meeting — please see details below.

Add’l. Info: Meetings are being held virtually until further notice. Please check the website for additional information:

     https://mdot.maryland.gov.

Contact: Sabrina Bass (410) 865-1240

[22-02-08]

 

BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORS

Subject: Public Meeting

Date and Time: January 20, 2022, 10 a.m. — 12 p.m.

Place: Via Google Meet

Add’l. Info: Board may also meet in closed session. Public access link to be posted on agenda — see the Board’s webpage at:      https://mde.maryland.gov/programs/Permits/EnvironmentalBoards/Pages/BWW_Meetings.aspx

Contact: Dee Settar (410) 537-4162

[22-02-02]

 

BOARD OF WELL DRILLERS

Subject: Public Meeting

Date and Time: January 26, 2022, 9 a.m. — 12 p.m.

Place: 1800 Washington Blvd., Baltimore, MD

Add’l. Info: A portion of this meeting will be held in closed session.

Contact: Duane Johnson (410) 537-4466

[22-02-06]