Capitol Building Maryland Register

Issue Date:  August 26, 2022

Volume 49 •  Issue 18  • Pages 813 —860

IN THIS ISSUE

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before August 8, 2022 5 p.m.
 
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of August 8, 2022.
 
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 .....................................................................  816

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  817

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources .............................  819, 821

10        Maryland Department of Health ................................  819, 822

11        Department of Transportation ............................................  829

14        Independent Agencies ...............................................  819, 831

15        Maryland Department of Agriculture ................................  832

17        Department of Budget and Management ...........................  833

18        Department of Assessments and Taxation ........................  835

21        State Procurement Regulations .........................................  819

22        State Retirement and Pension System ...............................  836

24        Department of Commerce .................................................  820

33        State Board of Elections ....................................................  838

36        Maryland State Lottery and Gaming Control
               Agency ............................................................................  846

 

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.

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Oysters .  819

10  MARYLAND DEPARTMENT OF HEALTH

BOARD OF DENTAL EXAMINERS

Practice of Dental Hygiene ......................................................  819

Fees ..........................................................................................  819

14  INDEPENDENT AGENCIES

COMMISSION ON CRIMINAL SENTENCING POLICY

General Regulations .  819

Criminal Offenses and Seriousness Categories .  819

21  STATE PROCUREMENT REGULATIONS

GENERAL PROVISIONS

Terminology .  819

STATE PROCUREMENT ORGANIZATION

Board of Public Works .  819

PROCUREMENT METHODS AND PROJECT DELIVERY
   METHODS

Emergency and Expedited Procurements .  819

SOCIOECONOMIC POLICIES

Small Business Procurements ..................................................  819

Minority Business Enterprise Policies .  819

PROCUREMENT REPORTING REQUIREMENTS

Reporting Requirements .  819

24  DEPARTMENT OF COMMERCE

OFFICE OF THE SECRETARY

Corporate Diversity .  820

 

Proposed Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

General  821

10  MARYLAND DEPARTMENT OF HEALTH

HEALTH SERVICES COST REVIEW COMMISSION

Rate Application and Approval Procedures .  822

11  DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION —
   ADMINISTRATIVE PROCEDURES

Motor Vehicle Fees ..................................................................  829

MOTOR VEHICLE ADMINISTRATION — VEHICLE
   REGISTRATION

Electronic or Digital 24-Hour Registration ..............................  829

MOTOR VEHICLE ADMINISTRATION — LICENSING OF
   BUSINESSES AND OCCUPATIONS

Dealers and Salesmen ..............................................................  830

MOTOR VEHICLE ADMINISTRATION—VEHICLE
    OPERATIONS

Authorized Emergency and Service Vehicles .  831

14  INDEPENDENT AGENCIES

MARYLAND HEALTH BENEFIT EXCHANGE

State-Based Young Adult Health Insurance Subsidies
   Program ..  831

15  MARYLAND DEPARTMENT OF AGRICULTURE

WEIGHTS AND MEASURES

Commercial Weighing and Measuring Devices and
   Procedures for Testing Packaged Goods .  832

Packaging and Labeling .  832

17  DEPARTMENT OF BUDGET AND MANAGEMENT

PERSONNEL SERVICES AND BENEFITS

Leave .  833

State Employees' Health Benefits .  833

18  DEPARTMENT OF ASSESSMENTS AND TAXATION

PERSONAL PROPERTY ASSESSMENTS

General .....................................................................................  835

22  STATE RETIREMENT AND PENSION SYSTEM

BOARD OF TRUSTEES

Election of Trustees .  836

33  STATE BOARD OF ELECTIONS

ELECTION DAY ACTIVITIES

Order and Decorum ..  838

ABSENTEE BALLOTS

Issuance and Return .  838

Canvass of Ballots — Rejecting Ballots .  839

PROVISIONAL VOTING

Canvass of Ballots — Rejecting Ballots .  839

ADMINISTRATION OF PUBLIC FINANCING ACT

Definitions; General Provisions .  839

Eligibility Requirements and Procedures .  839

Limitations on Campaign Expenditures and
   Prohibitions .  839

Disbursement and Expenditure of Public
   Contributions .  839

Outstanding Obligations .  839

PRECINCTS, POLLING PLACES, AND FACILITIES

Polling Places .  846

36  MARYLAND STATE LOTTERY AND GAMING
   CONTROL AGENCY

SPORTS WAGERING APPLICATION REVIEW
   COMMISSION

General Provisions .  846

All Applicants and Awardees ..................................................  846

 

Errata

COMAR 03.04.02.18 .  855

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water  856

Projects Approved for Minor Modifications .  857

Grandfathering (GF) Registration Notice .  857

MARYLAND HEALTH CARE COMMISSION

CRITERIA FOR STATE RECOGNITION OF AN
   ELECTRONIC ADVANCE DIRECTIVES SERVICE

For Public Comment  858

 

General Notices

COMMISSION ON CRIMINAL SENTENCING POLICY

Public Meeting .  860

BOARD OF DIETETIC PRACTICE

Public Meeting .  860

STATE ADVISORY COUNCIL ON QUALITY CARE AT
   THE END OF LIFE

Public Meeting .  860

RADIO CONTROL BOARD/RCB SYSTEM MANAGERS
   COMMITTEE

Public Meeting .  860

RADIO CONTROL BOARD/RCB SYSTEM USERS
   COMMITTEE

Public Meeting .  860

WORKERS’ COMPENSATION COMMISSION

Public Meeting .  860

GOVERNOR’S WORKFORCE DEVELOPMENT BOARD

Public Meeting .  860

 

 

COMAR Online

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

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

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

 

Availability of Monthly List of
Maryland Documents

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

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

 

CLOSING DATES AND ISSUE DATES THROUGH
JANUARY 2023

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

2022

September 9

August 22

August 29

August 31

September 23

September 2**

September 12

September 14

October 7

September 19

September 26

September 28

October 21

October 3

October 7**

October 12

November 4

October 17

October 24

October 26

November 18

October 31

November 7

November 9

December 2

November 14

November 21

November 23

December 16

November 28

December 5

December 7

December 30

December 12

December 19

December 21

2023

January 13

December 23**

December 30**

January 4

January 27

January 9

January 13**

January 18

 

   Please note that this table is provided for planning purposes and that the Division of State Documents (DSD) cannot guarantee submissions will be published in an agency’s desired issue. Although DSD strives to publish according to the schedule above, there may be times when workload pressures prevent adherence to it.

*   Also note that proposal deadlines are for submissions to DSD for publication in the Maryland Register and do not take into account the 15-day AELR review period. The due date for documents containing 8 to 18 pages is 48 hours before the date listed; the 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.

 

03 COMPTROLLER OF THE TREASURY

 

03.05.01.01,.02 • 49:15 Md. R. 741 (7-15-22)

 

07 DEPARTMENT OF HUMAN SERVICES

 

07.02.01.10 • 49:9 Md. R. 532 (4-22-22)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.01.13 • 49:18 Md. R. 821 (8-26-22)

08.02.04.11 • 49:15 Md. R. 742 (7-15-22)

08.02.13.06 • 49:17 Md. R. 792 (8-12-22)

08.07.03.03 • 49:16 Md. R. 759 (7-29-22)

 

09 MARYLAND DEPARTMENT OF LABOR

 

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

09.10.01.84,.88 • 49:11 Md. R. 614 (5-20-22)

09.10.02.08,.25 • 49:11 Md. R. 615 (5-20-22)

09.10.02.33 • 49:13 Md. R. 690 (6-17-22)

09.12.60.01—.16 • 49:17 Md. R. 793 (8-12-22)

09.12.61.01—.08 • 49:17 Md. R. 793 (8-12-22) (ibr)

09.12.62.01—.20 • 49:17 Md. R. 793 (8-12-22)

09.12.65.01,.02 • 49:17 Md. R. 793 (8-12-22)

09.12.66.01,.03,.10 • 49:17 Md. R. 793 (8-12-22)

09.32.07.02—.04,.08 • 49:17 Md. R. 798 (8-12-22)

09.32.12.01—.05 • 49:17 Md. R. 798 (8-12-22)

09.37.04.01—.08 • 49:17 Md. R. 800 (8-12-22)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitles 01—08 (1st volume)

 

10.01.01.01—.03,.06—.12 • 49:5 Md. R. 372 (2-25-22)

 

     Subtitle 09 (2nd volume)

 

10.09.07.08 • 49:16 Md. R. 760 (7-29-22)

10.09.10.07,.08,.19,.21,.22 • 49:16 Md. R. 761 (7-29-22)

10.09.41.04,.07 • 49:16 Md. R. 762 (7-29-22)

10.09.53.07 • 49:16 Md. R. 763 (7-29-22)

10.09.69.14,.17 • 49:16 Md. R. 764 (7-29-22)

10.09.80.01,.03,.05,.06,.08 • 49:16 Md. R. 765 (7-29-22)

10.09.90.07 • 49:10 Md. R. 568 (5-6-22)

 

     Subtitles 10—22 (3rd volume)

 

10.21.01.04,.08 • 49:17 Md. R. 801 (8-12-22)

 

     Subtitles 23—36 (4th volume)

 

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

10.32.01.03 • 49:16 Md. R. 768 (7-29-22)

10.32.02.03 • 49:16 Md. R. 768 (7-29-22)

10.32.02.10 • 49:16 Md. R. 769 (7-29-22)

 

     Subtitles 37—52 (5th volume)

 

10.37.10.26 • 49:18 Md. R. 822 (8-26-22)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 11—23 (MVA)

 

11.11.05.04 • 49:18 Md. R. 829 (8-26-22)

11.12.01.01 • 49:18 Md. R. 830 (8-26-22)

11.15.39.01—.05 • 49:18 Md. R. 829 (8-26-22)

11.16.02.03 • 49:18 Md. R. 831 (8-26-22)

 

13A STATE BOARD OF EDUCATION

 

13A.03.02.02,.04,.06,.07,.09,.09-1 • 49:9 Md. R. 533 (4-22-22)

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

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.08.01.02 • 49:16 Md. R. 772 (7-29-22)

13B.08.13.03 • 49:17 Md. R. 802 (8-12-22)

13B.08.14.02,.06,.07 • 49:17 Md. R. 803 (8-12-22)

 

14 INDEPENDENT AGENCIES

 

14.04.09.01—.04 • 49:9 Md. R. 536 (4-22-22)

14.35.19.04 • 49:18 Md. R. 831 (8-26-22)

14.39.02.05 • 49:15 Md. R. 743 (7-15-22)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.03.01.02 • 49:18 Md. R. 832 (8-26-22) (ibr)

15.03.02.01 • 49:18 Md. R. 832 (8-26-22) (ibr)

15.20.07.02 • 49:17 Md. R. 804 (8-12-22) (ibr)

 

17 DEPARTMENT OF BUDGET AND MANAGEMENT

 

17.04.11.04 • 49:18 Md. R. 833 (8-26-22)

17.04.13.04 • 49:18 Md. R. 833 (8-26-22)

 

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

 

18.03.01.02 • 49:18 Md. R. 835 (8-26-22)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.03.01.01—.12 • 49:18 Md. R. 836 (8-26-22)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.08.02.02-1,.03-2,.03-3,.04,.04-1,.04-2,.04-3,
     .07,.08
• 49:6 Md. R. 415 (3-11-22) (ibr)

26.12.01.01 • 49:17 Md. R. 805 (8-12-22) (ibr)

 

29 DEPARTMENT OF STATE POLICE

 

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

29.04.02 • 49:11 Md. R. 617 (5-20-22) (err)

29.04.02.01—.13 • 49:10 Md. R. 584 (5-6-22)

29.06.01.02,.06—.09 • 49:10 Md. R. 588 (5-6-22) (ibr)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.08.01.02 • 49:14 Md. R. 707 (7-1-22)

30.08.12.01,.03—.15 • 49:14 Md. R. 707 (7-1-22)

30.08.12.08 • 49:17 Md. R. 807 (8-12-22) (err)

31 MARYLAND INSURANCE ADMINISTRATION

 

31.01.02.01,.03,.05 • 49:16 Md. R. 772 (7-29-22)

31.05.08.02,.29 • 49:14 Md. R. 714 (7-1-22)

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

 

33.01.07.01—.06 • 49:9 Md. R. 537 (4-22-22)

33.07.04.02 • 49:18 Md. R. 838 (8-26-22)

33.11.03.06 • 49:18 Md. R. 838 (8-26-22)

33.11.05.04 • 49:18 Md. R. 839 (8-26-22)

33.14.01.02—.04 • 49:18 Md. R. 839 (8-26-22)

33.14.02.01—.13 • 49:18 Md. R. 839 (8-26-22)

33.14.03.01—.03,.06,.07 • 49:18 Md. R. 839 (8-26-22)

33.14.04.03—.06 • 49:18 Md. R. 839 (8-26-22)

33.14.05.01,.02 • 49:18 Md. R. 839 (8-26-22)

33.15.03.03—.04,.07 • 49:18 Md. R. 846 (8-26-22)

33.16.06.04 • 49:18 Md. R. 839 (8-26-22)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.10.07,.27,.37 • 49:16 Md. R. 773 (7-29-22)

36.04.01.11 • 49:16 Md. R. 773 (7-29-22)

36.10.05.04 • 49:16 Md. R. 773 (7-29-22)

36.10.13.06 • 49:16 Md. R. 773 (7-29-22)

36.11.01.01,.02 • 49:18 Md. R. 846 (8-26-22)

36.11.02.01—.19 • 49:18 Md. R. 846 (8-26-22)

 

 

Final Action on Regulations

 

Symbol Key

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

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

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

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

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

 

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.04 Oysters

Authority: Natural Resources Article, §§4-215 and 4-1009.1, Annotated Code of Maryland

Notice of Final Action

[22-110-F]

On August 15, 2022, the Secretary of Natural Resources adopted the repeal of Regulations .13 and .14 under COMAR 08.02.04 Oysters. This action, which was proposed for adoption in 49:13 Md. R. 689 (June 17, 2022), has been adopted as proposed.

Effective Date: September 5, 2022.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 44 BOARD OF DENTAL EXAMINERS

Notice of Final Action

[22-057-F]

On August 5, 2022, the Secretary of Health adopted:

(1) Amendments to Regulations .02, .04, and .05, new Regulations .27—.38, and amendments to and the recodification of existing Regulations .27 and .28 to be Regulations .39 and .40, respectively, under COMAR 10.44.04 Practice of Dental Hygiene; and

(2) Amendments to Regulation .02 under COMAR 10.44.20 Fees.

This action, which was proposed for adoption in 49:5 Md. R. 374—377 (February 25, 2022), has been adopted as proposed.

Effective Date: September 5, 2022.

DENNIS R. SCHRADER
Secretary of Health

 

Title 14
INDEPENDENT AGENCIES

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

Notice of Final Action

[22-111-F]

On August 16, 2022, the Maryland State Commission on Criminal Sentencing Policy adopted amendments to:

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

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

This action, which was proposed for adoption in 49:14 Md. R. 706—707 (July 1, 2022), has been adopted as proposed.

Effective Date: October 1, 2022.

DAVID SOULE
Executive Director

 

Title 21
STATE PROCUREMENT REGULATIONS

Notice of Final Action

[22-101-F]

     On June 13, 2022, the Board of Public Works adopted amendments to:

(1) Regulation .01 under COMAR 21.01.02 Terminology;

(2) Regulation .05 under COMAR 21.02.01 Board of Public Works;

(3) Regulations .02 and .03 under COMAR 21.05.06 Emergency and Expedited Procurements;

(4) Regulation .06 under COMAR 21.11.01 Small Business Procurements;

(5) Regulation .12-1 under COMAR 21.11.03 Minority Business Enterprise Policies; and

(6) Regulations .01—.03 and .08 under COMAR 21.13.01 Reporting Requirements.

This action, which was proposed for adoption in 49:12 Md. R. 662—665 (June 3, 2022), has been adopted as proposed.

Effective Date: September 5, 2022.

JOHN T. GONTRUM
Executive Secretary

 

Title 24
DEPARTMENT OF COMMERCE

Subtitle 01 OFFICE OF THE SECRETARY

24.01.07 Corporate Diversity

Authority: Business Regulation Article, §19-106; Economic Development Article, §2-108; Annotated Code of Maryland

Notice of Final Action

[22-107-F]

On August 4, 2022, the Department of Commerce, in conjunction with the Governor’s Office of Small, Minority & Women Business Affairs, adopted Regulations .01—.07 under a new chapter, COMAR 24.01.07 Corporate Diversity. This action, which was proposed for adoption in 49:13 Md. R. 690-692 (June 17, 2022), has been adopted with the nonsubstantive changes shown below.

Effective Date: September 5, 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 changes made to the regulations are not substantive in nature, but are intended solely to clarify the intent of the regulations as originally published.

.02 Corporate Diversity Requirements.

A.—C. (proposed text unchanged)

D. Required Information.

(1) In providing information about membership of underrepresented communities in an entity’s board or executive leadership in the Corporate Diversity Addendum, the entity shall report whether it has individuals on its board or in executive leadership from any of the following underrepresented communities, although the content of the response does not affect eligibility for a State benefit pursuant to Regulation .03A of this chapter:

(a)-(h) (proposed text unchanged)

(2) In providing information about its support for underrepresented communities in its mission, an entity shall report whether it engages in any of the following activities, also known as diversity indicators:

(a)—(g) (proposed text unchanged)

(h) Collaborates with educational institutions, or is an educational institution, serving significant or predominant student populations or affinity groups from underrepresented communities;

(i)—(l) (proposed text unchanged)

.03 Qualification for a State Benefit.

A.—B. (proposed text unchanged)

C. An entity satisfies this section if it reports that it engages in at least 33 percent of the diversity indicators listed in Regulation .02 of this chapter.

D.—E. (proposed text unchanged)

.04 Administration of Chapter.

A. This chapter applies to a State benefit for which application, which includes a bid or proposal for a competitively bid procurement contract that is not federally funded in any way, is made after June 30, 2022.

B.—E. (proposed text unchanged)

F. An entity may file an Annual Report or an amended Annual Report:

(1) (proposed text unchanged)

(2) To update or correct [[a misstatement]] information on the Annual Report or the Corporate Diversity Addendum.

R. MICHAEL GILL
Secretary of Commerce

 

Proposed Action on Regulations

 


Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.01 General

Authority: Natural Resources Article, §4-407, Annotated Code of Maryland

Notice of Proposed Action

[22-152-P]

     The Secretary of Natural Resources proposes to amend Regulation .13 under COMAR 08.02.01 General.

Statement of Purpose

The purpose of this action is to establish a Fish Propagation Area on the North Branch of the Potomac River. The area would begin at the upper boundary of the upper Catch and Release Management Area and continue upstream to the outfall of Jennings-Randolph Reservoir. The Department aims to provide resource protection where fish spawning occurs to maximize recruitment while improving enforcement.

The Department believes this change is necessary to provide resource protection where fish spawning occurs. Natural reproduction supports a large percentage of the trout population in the area and needs protection.

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 Fishery Management Area 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 comment form at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#general. Comments will be accepted through September 26, 2022. A public hearing has not been scheduled.

.13 Fishery Management Areas.

A. (text unchanged)

B. Fishery Management Propagation Areas.

(1) The following areas are Fishery Management Propagation Areas:

(a)—(e) (text unchanged)

(f) Unicorn Lake Hatchery — Queen Anne’s County; [and]

(g) Cushwa Hatchery — Washington County[.]; and

(h) North Branch of the Potomac River downstream of Jennings Randolph Reservoir and upstream of the overhead cable and red bank post located approximately 345 yards below the Jennings Randolph Reservoir spillway — Garrett County.

(2) (text unchanged)

C.—D. (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 37 HEALTH SERVICES COST REVIEW COMMISSION

10.37.10 Rate Application and Approval Procedures

Authority: Health-General Article, §§19-207, 19-214.1, and 19-214.2, Annotated Code of Maryland

Notice of Proposed Action

[22-154-P]

The Health Services Cost Review Commission proposes to amend Regulation .26 under COMAR 10.37.10 Rate Application and Approval Procedures. This action was considered and approved for promulgation by the Commission at an open meeting held on May 11, 2022, notice of which was given through publication on the Commission’s website under General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to have the Commission’s existing regulations on Patient Rights and Obligations – Hospital Credit and Collection and Financial Assistance Policies conform to legislation enacted in the 2021 Maryland General Assembly legislative session.

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 amendments update the Commission’s existing regulations to conform to Ch. 770, Acts of 2021. These changes will enhance protections for patients pursued by hospitals for medical debt according to their credit and collection policies. This update includes a section on new guidelines, drafted with input from a stakeholder workgroup, that hospitals will need to comply with when offering payment plans to patients. Finally, these changes will outline new reporting responsibilities for hospitals to provide more information on debt collection processes.

 

 

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

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

Indeterminable

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

D. The assumption is based on the need that hospitals may have to hire new staff or contractors to implement new procedures in compliance with the new requirements. In addition, there may be an increase in bad debt write offs.

F. The assumption is based on the belief that patients will benefit from greater access to payment plans and new medical debt collection protections.

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 Dennis Phelps, Deputy Director, Audit and Compliance, Health Services Cost Review Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-2565, or email to dennis.phelps@maryland.gov, or fax to 410-358-6217. Comments will be accepted through September 26, 2022. A public hearing has not been scheduled.

.26 Patient Rights and Obligations; Hospital Credit and Collection and Financial Assistance Policies.

A. Definitions. In this regulation, the following terms have the meanings indicated.

(1) Debt Collector.

(a) “Debt collector” means a person who engages directly or indirectly in the business of:

(i) Collecting for or soliciting from another a debt owed on a hospital bill by a patient;

(ii) Giving, selling, attempting to give or sell to another, or using, for collection of a debt owed on a hospital bill by a patient, a series or system of forms or letters that indicates directly or indirectly that a person other than the hospital is asserting the debt owed on a hospital bill by a patient; or

(iii) Employing the services of an individual or business to solicit or sell a collection system to be used for collection of a debt owed on a hospital bill by a patient.

(b) “Debt collector” includes a collection agency, as defined in Business Regulation Article, §7-101, Annotated Code of Maryland.

(2) “Financial hardship” means medical debt, incurred by a family over a 12-month period that exceeds 25 percent of family income.

(3) “Guidelines” means the Guidelines for Hospital Payment Plans under §B-2 of this regulation.

(4) “Initial bill” means the first billing statement provided to an individual by a hospital after the care, whether inpatient or outpatient, is provided and the individual has left the hospital facility.

(5) “Medical debt” means out-of-pocket expenses, excluding copayments, coinsurance, and deductibles, for medical costs billed by a hospital.

(6) “Payment plan” means a payment plan offered by a hospital that meets the requirements of Health-General Article, §19-214.2, Annotated Code of Maryland.

(7) Written Communications.

(a) “Written communications” includes in paper form and delivered electronically, including through electronic mail and through a secure web or mobile based application such as a patient portal.

(b) “Written communications” does not include oral communications, including communications delivered by phone.

[A.] B. Hospital Information Sheet.

(1) Each hospital shall develop an information sheet that:

(a) Describes the hospital's financial assistance policy as required in §B-3 of this regulation and Health-General Article, §19-214.1, Annotated Code of Maryland;

(b) (text unchanged)

(c) Provides contact information for the individual or office at the hospital that is available to assist the patient, the patient's family, or the patient's authorized representative in order to understand:

(i)—(ii) (text unchanged)

(iii) How to apply for [free and reduced-cost care] financial assistance; [and]

(iv) How to apply for the Maryland Medical Assistance Program and any other programs that may help pay the bill; and

(v) How to apply for a payment plan;

(d)—(g) (text unchanged)

(h) Informs a patient or a patient’s authorized representative of the right to file a complaint with the Commission or jointly with the Health Education and Advocacy Unit of the Maryland Attorney General’s Office against a hospital for an alleged violation of Health-General Article, §§19-214.1 and 19-214.2, Annotated Code of Maryland, which relate to financial assistance and debt collection; [and]

(i) Provides the patient with the contact information for filing the complaint[.];

(j) Includes a section that allows the patient to initial that the patient has been made aware of the financial assistance policy; and

(k) Includes language explaining the availability of a payment plan.

(2) (text unchanged)

(3) The information sheet shall be provided in writing to the patient, the patient’s family, [or] the patient’s authorized representative, or the patient’s legal guardian:

(a)—(e) (text unchanged)

(4)—(5) (text unchanged)

[A-1.] B-1. Hospital Credit and Collection [Policies] Responsibilities.

(1) (text unchanged)

(2) The policy shall:

(a) (text unchanged)

(b) Prohibit the charging of interest or fees on any debt owed on a hospital bill that is incurred on or after the date of service by a patient who is eligible for free or reduced-cost care under §B-2 of this regulation and Health-General Article, §19–214.1, Annotated Code of Maryland;

[(b)] (c)[(d)] (e) (text unchanged)

[(e)] (f) Provide for a refund of amounts collected from a patient or the guarantor of a patient who was later found to be eligible for free care [on the date of service, in accordance §A-1(3) of this regulation], in accordance with §B-2 of this regulation and Health-General Article, §19-214.1, Annotated Code of Maryland, within 240 days after the initial bill was provided;

[(f)] (g) If the hospital[,] has obtained a judgment against or reported adverse information to a consumer reporting agency about a patient who later was found to be eligible for free medically necessary care [on the date of the service for which the judgment was awarded or the adverse information was reported], in accordance with §B-2 of this regulation and Health-General Article, §19-214.2, Annotated Code of Maryland, within 240 days after the initial bill was provided, require the hospital to seek to [vacated] vacate the judgment or strike the adverse information;

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

[(h)] (i) Provide detailed procedures for the following actions:

(i)—(iii) (text unchanged)

(iv) When a lien on a patient’s or patient guarantor’s personal residence, excluding a primary resident in accordance with §B-1(9)(b) of this regulation and Health-General Article, §19-214.2(g)(2), Annotated Code of Maryland, or motor vehicle may be placed;

(j) Prohibit the hospital from collecting additional fees in an amount that exceeds the approved charge for the hospital service as established by the Commission for which medical debt is owed on a hospital bill for a patient who is eligible for free or reduced-cost medically necessary care, in accordance with §B-2 of this regulation and Health-General Article, §19-214.1, Annotated Code of Maryland; and

(k) Establish a process for making payment plans available to all patients in accordance with §B-2 of this regulation and Health-General Article, §19-214.2(e)(3), Annotated Code of Maryland.

(3) Consistent with Health-General Article, §19-214.2(e)(5), Annotated Code of Maryland, a hospital shall demonstrate that it attempted in good faith to meet the requirements of Health-General Article, §19-214.2(e), Annotated Code of Maryland, and the Guidelines before the hospital:

(a) Files an action to collect a debt owed on a hospital bill by a patient; or

(b) Delegates collection activity to a debt collector for a debt owed on a hospital bill by a patient.

(4) The hospital shall be deemed to have acted in good faith under Health-General Article, §19-214.2(e)(5)(i)(2), Annotated Code of Maryland, and §B-1(3)(b) of this regulation if, before delegating collection of a debt owed by a patient on a hospital bill to a debt collector, the hospital:

(a) Provides the information sheet before the patient receives scheduled medical services and before discharge in accordance with Health-General Article, §19-214.2(e)(1) and (2), Annotated Code of Maryland, and §B(3)(a) and (b) of this regulation; and

(b) Establishes a process for making payment plans available to all patients in accordance with Health-General Article, §19-214.2(e)(5), Annotated Code of Maryland, and §B-1(2)(j) of this regulation.

(5) In delegating any or all collection to a debt collector for a debt owed on a hospital bill by a patient, the hospital may rely on a debt collector to engage in various activities, including:

(a) Facilitating and servicing payment plans in accordance with the Guidelines, including receiving and forwarding any payments received under a payment plan approved by the hospital; and

(b) Such other activities as the hospital may direct in collecting and forwarding payments under a payment plan.

(6) A hospital may not seek legal action to collect a debt owed on a hospital bill by a patient until the hospital has established and implemented a payment plan policy that complies with the Guidelines.

[(3)] (7) Beginning October 1, 2010, as provided by Health-General Article, §19-214.2(c):

(a) A hospital shall provide for a refund of amounts exceeding $25 collected from a patient or the guarantor of a patient who, within a 2-year period after the date of service, was found to be eligible for free medically necessary care on the date of service;

(b) A hospital may reduce the 2-year period under [§A-1(3)(a)] §B-1(7)(a) of this regulation to no less than 30 days after the date the hospital requests information from a patient, or the guarantor of a patient, to determine the patient’s eligibility for free medically necessary care at the time of service, if the hospital documents the lack of cooperation of the patient or the guarantor of a patient in providing the required information; [and]

(c) If a patient is enrolled in a means-tested government health care plan that requires the patient to pay out-of-pocket for hospital service, a hospital shall have a refund policy that complies with the terms of the patient’s plan[.];

[(4)] (d) For at least [120] 180 days after issuing an initial [patient] bill, a hospital may not:

(i) [a hospital may not report] Report adverse information about a patient to a consumer reporting agency against a patient for nonpayment;

(ii) Commence civil action against a patient for nonpayment; and

(iii) Give notice of civil action to a patient under §B-1(11) of this regulation and Health-General Article, §19-214.2(g)(3), Annotated Code of Maryland;

(e) A hospital may not report adverse information to a consumer reporting agency regarding a patient who, at the time of the service, was uninsured or eligible for free or reduced-cost medically necessary care, in accordance with §B-2 of this regulation and Health-General Article, §19-214.1, Annotated Code of Maryland; and

(f) A hospital may not report adverse information about a patient to a consumer reporting agency, commence civil action against a patient for nonpayment, or delegate collection activity to a debt collector, if the hospital:

(i) Was notified in accordance with federal law by the patient or the insurance carrier that an appeal or a review of a health insurance decision is pending within the immediately preceding 60 days; or

(ii) Has completed a requested reconsideration of the denial of free or reduced-cost medically necessary care under §B-2(1)(a)(v) of this regulation and Health-General Article, §19-214.1(b)(4), Annotated Code of Maryland, that was appropriately completed by the patient within the immediately preceding 60 days.

[(5)] (8) Consumer Reporting.

(a) A hospital shall report the fulfillment of a patient’s payment obligation within 60 days after the obligation is fulfilled to any consumer reporting agency to which the hospital had reported adverse information about the patient.

(b) If a hospital has reported adverse information about a patient to a consumer reporting agency, the hospital shall instruct the consumer reporting agency to delete the adverse information about the patient:

(i) If the hospital was informed by the patient or the insurance carrier that an appeal or a review of a health insurance decision is pending, and until 60 days after the appeal is complete; or

(ii) Until 60 days after the hospital has completed a requested reconsideration of the denial of free or reduced-cost medically necessary care, in accordance with §B-2 of this regulation and Health-General Article, §19-214.1, Annotated Code of Maryland.

[(6)] (9) Primary Residences.

(a) A hospital may not force the sale or foreclosure of a patient’s primary residence to collect a debt owed on a hospital bill. [If a hospital holds a lien on a patient’s primary residence, the hospital may maintain its position as a secured creditor with respect to other creditors to whom the patient may owe a debt.]

(b) A hospital may not request a lien against a patient’s primary residence in an action to collect debt owed on a hospital bill.

(10) If the hospital files an action to collect the debt owed on a hospital bill, the hospital may not request the issuance of or otherwise knowingly take action that would cause a court to issue:

(a) A body attachment against a patient; or

(b) An arrest warrant against a patient.

(11) A hospital may not request a writ of garnishment of wages or file an action that would result in an attachment of wages against a patient to collect debt owed on a hospital bill if the patient is eligible for free or reduced-cost medically necessary care, in accordance with §B-2 of this regulation and Health-General Article, §19-214.1, Annotated Code of Maryland.

(12) Deceased Patients.

(a) A hospital may not make a claim against the estate of a deceased patient to collect a debt owed on a hospital bill if the deceased patient was known by the hospital to be eligible for free medically necessary care, in accordance with §B-2 of this regulation and Health-General Article, §19-214.1, Annotated Code of Maryland, or if the value of the estate after tax obligations are fulfilled is less than half of the debt owed.

(b) A hospital may offer the family of the deceased patient the ability to apply for financial assistance.

(13) A hospital may not file an action to collect a debt owed on a hospital bill by a patient until the hospital determines whether the patient is eligible for free or reduced-cost medically necessary care under §B-2 of this regulation and Health-General Article, §19-214.1, Annotated Code of Maryland.

(14) At least 45 days before filing an action against a patient to collect on the debt owed on a hospital bill, a hospital shall send written notice of the intent to file an action to the patient. The notice shall:

(a) Be sent to the patient by certified mail or first-class mail;

(b) Be in simplified language and in at least 10-point type;

(c) Include:

(i) The name and telephone number of the hospital, the debt collector (if applicable), and an agent of the hospital authorized to modify the terms of the payment plan (if any);

(ii) The amount required to cure the nonpayment of debt owed on a hospital bill, including past due payments, penalties, and fees;

(iii) A statement recommending that the patient seek debt counseling services;

(iv) Telephone numbers and internet addresses of the Health Education Advocacy Unit of the Office of the Attorney General, available to assist patients experiencing medical debt; and

(v) An explanation of the hospital's financial assistance policy;

(d) Be provided in the patient’s preferred language or, if no preferred language is specified, English and each language spoken by a limited English proficient population that constitutes 5 percent of the population within the jurisdiction in which the hospital is located as measured by the most recent federal census; and

(e) Be accompanied by:

(i) An application for financial assistance under the hospital's financial assistance policy, along with instructions for completing the application for financial assistance and the telephone number to call to confirm receipt of the application;

(ii) Language explaining the availability of a payment plan to satisfy the medical debt that is the subject of the hospital debt collection action; and

(iii) The information sheet required under §B of this regulation and Health-General Article, §19-214.1(f), Annotated Code of Maryland.

[(7)] (15) If a hospital delegates collection activity to [an outside collection agency] a debt collector, the hospital shall:

(a) Specify the collection activity to be performed by the [outside collection agency] debt collector through an explicit authorization or contract;

(b) Require the debt collector to abide by the hospital’s credit and collection policy;

[(b)] (c) Specify procedures the [outside collection agency] debt collector must follow if a patient appears to qualify for financial assistance under §B-2 of this regulation and Health-General Article, §19-214.1, Annotated Code of Maryland; and

[(c)] (d) Require the [outside collection agency] debt collector to:

(i) In accordance with the hospital’s policy, provide a mechanism for a patient to file with the hospital a complaint against the hospital or the [outside collection agency] debt collector regarding the handling of patient’s bill; [and]

(ii) If a patient files a complaint with the [collection agency] debt collector, forward the complaint to the hospital; and

(iii) Along with the hospital, be jointly and severally responsible for meeting the requirements of §B-1 of this regulation and Health-General Article, §19-214.2, Annotated Code of Maryland, including the requirements enumerated in the Guidelines.

(16) A spouse or another individual may not be held liable for the debt owed on a hospital bill of an individual 18 years old or older unless the individual voluntarily consents to assume liability for the debt owed on the hospital bill. The consent shall be:

(a) Made on a separate document signed by the individual;

(b) Not solicited in an emergency room or during an emergency situation; and

(c) Not required as a condition of providing emergency or nonemergency health care services.

[(8)] (17) (text unchanged)

[(9)] (18) The Commission shall review each hospital's implementation of and compliance with the hospital's policy and the requirements of [§A-1(2)] §B-1(3) of this regulation.

(19) Reporting Requirements.

(a) Each hospital shall annually submit to the Commission within 120 days after the end of each hospital’s fiscal year a report including:

(i) The total number of patients, by race or ethnicity, gender, and zip code of residence, against whom the hospital or a debt collector used by the hospital filed an action to collect a debt owed on a hospital bill;

(ii) The total number of patients, by race or ethnicity, gender, and zip code of residence, with respect to whom the hospital has and has not reported or classified a bad debt; and

(iii) The total dollar amount of charges for hospital services provided to patients but not collected by the hospital for patients covered by insurance, including the out-of-pocket costs for patients covered by insurance, and patients without insurance.

(b) The Commission shall post the information submitted under §B-1(19)(a) of this regulation on its website.

B-2. Guidelines for Hospital Payment Plans.

(1) Scope.

(a) As described in this regulation, the Guidelines apply to any payment plan offered by a hospital to a patient to pay for medically necessary hospital services after the services are provided.

(b) Prepayment Plans. The Guidelines do not apply to arrangements to make payments prior to the provision of a hospital service. Nothing in the Guidelines prevents a hospital from offering patients arrangements to make payments prior to service, provided that:

(i) A hospital may not require or steer a patient to enter into such an arrangement solely to avoid the application of the Guidelines; and

(ii) Such an arrangement terminates once the hospital service is rendered.

(c) Unregulated Services. The Guidelines apply only to hospital services that are regulated by the HSCRC. The Guidelines do not apply to services that are not regulated by the HSCRC, including physician services.

(d) Limitation of the Guidelines. The Guidelines do not prevent hospitals from extending payment plans for services or at times that are outside the parameters of the Guidelines. Except as otherwise required by law or regulation, payment plans that are outside the parameters of the Guidelines are not subject to the Guidelines.

(2) Access to Payment Plans.

(a) Availability of Payment Plans. Maryland hospitals shall make payment plans available to all patients who are Maryland residents, including individuals temporarily residing in Maryland due to work or school, irrespective of their:

(i) Insurance status;

(ii) Citizenship status;

(iii) Immigration status; or

(iv) Eligibility for reduced-cost care, including reduced-cost care due to financial hardship, under this regulation.

(b) Treatment of Nonresidents. The Guidelines do not prevent a hospital from extending payment plans to patients who are not described in §B-2(2)(a) of this regulation. Except as otherwise required by law or regulation, payment plans for patients who are not described in §B-2(2)(a) of this regulation are not subject to the Guidelines.

(3) Notice Requirements.

(a) Notice of Availability of a Payment Plan.

(i) Posted Notice. A notice shall be posted in conspicuous places throughout the hospital, including the billing office, informing patients of the availability of a payment plan and whom to contact at the hospital for additional information.

(ii) Information Sheet. A written notice of the availability of a payment plan shall be contained in the information sheet required under this regulation.

(iii) Before a Prepayment Plan. Before a patient enters into a prepayment plan as described in §B-2(1) of this regulation for a medically necessary hospital service, a hospital shall provide a written notice of the availability of a payment plan to a patient.

(b) Notice of Terms Before Execution. A hospital shall provide written notice of the terms of a payment plan to a patient before the patient agrees to enter the payment plan. The terms of the payment plan shall include:

(i) The amount of medical debt owed to the hospital;

(ii) The interest rate applied to the payment plan and the total amount of interest expected to be paid by the patient under the payment plan;

(iii) The amount of each periodic payment expected from the patient under the payment plan;

(iv) The number of periodic payments expected from the patient under the payment plan;

(v) The expected due dates for each payment from the patient;

(vi) The expected date by which the account will be paid off in full;

(vii) The treatment of any missed payments, including missed payments and default as described in §B-2(10) and (14) of this regulation;

(viii) That there are no penalties for early payments; and

(ix) Whether the hospital plans to apply a periodic recalculation of monthly payment amounts as described in §B-2(9) of this regulation and the process for such recalculation.

(c) Notice of Plan After Execution. A hospital shall promptly provide a written payment plan, including items listed in §B-2(3)(b) of this regulation, to the patient following execution by all parties. The payment plan shall be provided to the patient at least 20 days before the due date of the patient’s first payment under the payment plan.

(4) Income-Based Payment Plans.

(a) All payment plans shall be income-based in accordance with the Guidelines.

(b) Financial Assistance. Before entering a payment plan with a patient, a hospital shall evaluate if the patient is eligible for financial assistance, including free care, reduced-cost care, and reduced-cost care due to financial hardship, in accordance with this regulation. The hospital will apply the financial assistance reduction before entering into a payment plan with a patient.

(c) Monthly Payment Amounts. Monthly payment amounts may not exceed 5 percent of income. Under a payment plan subject to the Guidelines, a hospital may not require a patient to make total payments in a month that exceed 5 percent of the lesser of the individual patient’s federal or State adjusted gross monthly income. This applies to total amounts due under the plan, including both principal and interest.

(d) Calculation of Income. A hospital shall calculate a patient’s income by taking the following steps:

(i) Determining the Income Amount. If the patient has not provided their tax returns, the hospital shall use available information, including information provided by the patient, to approximate the patient’s adjusted gross income. Income that is not taxable, such as certain gifts, may not be treated as income for purposes of determining the income limitation under this guideline.

(ii) Determining the Number of Filers and Dependents. The hospital shall determine the number of tax filers and dependents listed on the tax return provided by the patient. For example, if a married couple files jointly and has three dependents, the number of tax filers and dependents would equal five. If a patient files as an individual and the patient is not a dependent and has no dependents, the number of tax filers would equal one. If the patient has not provided a tax return, the hospital shall ask the patient to provide the number of tax filers and dependents.

(iii) Determining the Patient’s Pro-Rata Share of Income. The hospital shall divide the income amount determined under §B-2(4)(d)(i) of this regulation by the number of tax filers and dependents under §B-2(4)(d)(ii) of this regulation. This is the individual patient’s income for purposes of determining the 5 percent limit on the income-based payment plans under the Guidelines.

(e) Income Documentation.

(i) Hospitals shall accept generally acceptable forms of documentation that verify income, such as tax returns, pay stubs, and W2s.

(ii) Hospitals may accept patient attestation of the patient’s monthly or annual income and the number of filers and dependents on their tax return without documentation. Such an attestation shall include the patient’s income and the number of filers and dependents on their tax return.

(f) Expenses. A hospital shall consider information provided by a patient about household expenses in determining the amount of the monthly payment due under a payment plan.

(g) Application to Multiple Payment Plans.

(i) Hospitals. A hospital shall ensure that the total monthly payment amount for all payment plans provided to a patient by the hospital, when added up collectively, does not exceed the income limitation under §B-2(4)(d) of this regulation.

(ii) Hospital System. A hospital system shall ensure that the total monthly payment amount for all payment plans provided to a patient by all hospitals in the hospital system, when added up collectively, does not exceed the income limitation under §B-2(4)(d) of this regulation.

(5) Duration of Payment Plan. The duration of a payment plan, in months, is determined by the total amount owed (and interest, if interest applies) divided by the total amount of the payment due each month, subject to the limitation that no monthly payment may exceed 5 percent of the patients income as calculated under §B-2(4)(d) of this regulation.

(6) Interest and Fees.

(a) No Interest for Patients Eligible for Charity Care. A hospital may not charge and collect interest on the medical debt amount owed under a payment plan for patients who qualify for free or reduced-cost care, including reduced-cost care due to financial hardship, under this regulation.

(b) No Interest for Self-Pay Patients. A hospital may not charge interest on bills incurred by self-pay patients in a payment plan.

(c) Interest Allowed. A hospital may charge interest under a payment plan for a patient who is not described in §B-2(6)(a) and (b) of this regulation. A hospital is not required to charge interest for a payment plan.

(d) Interest Rate. A payment plan may not provide for interest in excess of an effective rate of simple interest of 6 percent per annum on the unpaid principal balance of the payment plan. A hospital may not set an interest rate that results in negative amortization.

(e) Timing. Interest may not begin before 180 days after the due date of the first payment.

(f) Late payments. A hospital may not charge additional fees or interest for late payments.

(7) Early payment.

(a) Prepayment Allowed. Patients may, on a voluntary basis, pre-pay, in whole or in part, any amounts owed under a payment plan. Any prepayment made under this provision is not subject to the monthly income payment limitations of §B-2(4)(d) of this regulation.

(b) No Fees or Penalties. A hospital may not assess fees or otherwise penalize early payment of a payment plan provided by a patient.

(c) Solicitation of Early Payments Prohibited. Hospitals may not solicit, steer, or mandate patients to pay an amount in excess of the monthly payment amount provided for in a payment plan.

(8) Limited Modifications of Payment Plans.

(a) Limitations on Payment Plan Modifications. A hospital may only modify a payment plan in the following ways:

(i) Limitation on Payment Amount. A hospital may not modify a payment plan in a way that requires a patient to make a monthly payment that exceeds the percent of the patient’s income used to set the monthly payment amount under the initial payment plan as provided for in §B-2(4)(b) of this regulation.

(ii) No Increase in Interest Rate. A hospital may not increase the interest rate on a payment plan when making a modification under this guideline.

(iii) Change in Duration. The duration of a modified payment plan, in months, is determined by the total amount owed (and interest, if interest applies) divided by the total amount of the payment due each month, subject to the limitations under §B-2(4)(b) and (d) of this regulation.

(b) Process for Modifying a Payment Plan.

(i) Prompt Response to Patient Request. If a patient requests a modification to the terms of the payment plan, the hospital shall respond in a timely manner and may not refer the outstanding balance owed to a collection agency or for legal action until 30 days after providing a written response to the patient’s request for a modification of the payment plan.

(ii) Reconsideration for Financial Assistance. If a patient makes a request for modification of a payment plan, the hospital shall consider if such patient is eligible for financial assistance, including free care, reduced-cost care, and reduced-cost care due to financial hardship under this regulation. The hospital will apply the financial assistance reduction in its modification of the payment plan.

(iii) Change in Income. If a patient notifies a hospital that the patient’s income has changed, as calculated under §B-2(4)(c) of this regulation, then the hospital shall offer to modify the payment plan to meet the requirement of §B-2(8)(a)(i) of this regulation.

(iv) Expenses. A hospital shall consider information provided by a patient about changes in household expenses in considering a patient request to modify a payment plan.

(v) Mutual Agreement. A hospital may not modify a payment plan without mutual agreement between the hospital and the patient before the changes are made.

(vi) Notice of Terms. The hospital shall provide the patient with a written notice of all payment plan terms, consistent with the requirements of §B-2(3) of this regulation, upon modifying a payment plan under this guideline.

(9) Hospital-Initiated Changes to Payment Plans Based on Changes to Patient Income.

(a) Recalculation Allowed. A hospital may, in the terms of an initial payment plan that exceeds 3 years in length, provide for periodic recalculations to the amount of the monthly payments and the duration of the payment plan based on changes in the patient’s income as subject to and calculated under this subsection.

(b) Notice Included in Initial Payment Plan. The hospital may only recalculate payment amounts under this guideline if the hospital included the process for such recalculation in the notice provided to the patient before they entered into the payment plan, in accordance with §B-2(3) of this regulation. The patient’s agreement to enter into the payment plan after receiving that notice constitutes consent to the payment recalculations allowed under this subsection.

(c) Limitations on Modification Apply. The provisions of §B-2(8) of this regulation relating to limitations of payment plan modifications apply to payment recalculations under this subsection.

(d) Frequency of Recalculation. A hospital may not seek a recalculation of the monthly payment amount, as provided for under this subsection more often than once every 3 years.

(e) Treatment of Missing Information. If a patient does not provide income information on the request of the hospital seeking to make a change to a payment plan under this subsection and the patient is in good standing on the patient's payments under the payment plan, the hospital may not change the monthly payment amounts under the payment plan.

(10) Treatment of Missed Payments.

(a) First Missed Payment.

(i) A hospital may not deem a patient to be noncompliant with a payment plan if the patient makes at least 11 scheduled monthly payments within a 12-month period.

(ii) The hospital shall permit the patient to repay the missed payment amount at any time, as determined by the patient, including through a set of partial payments.

(iii) The hospital may consider a patient to be in default on the payment plan if the missed payment is not repaid in full by the end of the 12-month period that begins on the date of the missed payment under this paragraph.

(b) Additional Missed Payments.

(i) A hospital may forbear the amount of any additional missed payments that occur in a 12-month period.

(ii) If a hospital forbears the amount of any additional missed payments that occur in a 12-month period, the hospital shall allow the patient to continue to participate in the income-based payment plan.

(iii) If a hospital forbears the amount of any additional missed payments that occur in a 12-month period, the hospital may not refer the outstanding balance owed to a collection agency or for legal action.

(iv) The hospital shall recapitalize the amount of any missed payments that were subject to forbearance under this subsection as additional payments at the end of the payment plan, thereby extending the length of the payment plan.

(v) The hospital shall provide written notice to the patient of the treatment of the missed payments, including any extension of the length of the payment plan.

(11) Treatment of Loans and Extension of Credit. After a hospital service is provided to the patient, a hospital, hospital affiliate, or third-party in partnership with a hospital may not make any loan or extension of credit to the patient that is inconsistent with the guidelines for medical debt resulting from that service.

(12) Application of Credit Provisions of Maryland Commercial Law Article. A payment plan is an extension of credit subject to Maryland credit regulations under Commercial Law Article, Title 12, Annotated Code of Maryland. Accordingly, hospitals shall elect or otherwise enter into an income-based payment plan under one of the subtitles under Commercial Law Article, Title 12, Annotated Code of Maryland. Pursuant to Financial Institutions Article, §11-302(b)(6), Annotated Code of Maryland, if a hospital is making an extension of credit through a payment plan for hospital services rendered under Commercial Law Article, Title 12, Subtitles 1, 9, or 10, Annotated Code of Maryland, and is otherwise not making loans or acting as a loan broker, then an Installment Loan License issued by the Commissioner of Financial Regulation may not be required to engage in such activity.

(13) Books and Records. A hospital shall retain books and records on payment plans for at least 3 years after the payment plan is closed.

(14) Default. If a patient defaults on a payment plan and the parties are not able to agree to a modification, then the hospital shall follow the provisions of its collection and write-off policy for the collection of debt established in accordance with this regulation, before a hospital may write this debt off as bad debt.

[A-2.] B-3. Hospital Financial Assistance Responsibilities.

[(1) Definitions

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

(b) Terms Defined.

(i) “Financial hardship” means medical debt, incurred by a family over a 12-month period that exceeds 25 percent of family income.

(ii) “Medical debt” means out-of-pocket expenses, excluding copayments, coinsurance, and deductibles, for medical costs billed by a hospital.]

[(2)] (1) Financial Assistance Policy.

(a) On or before June 1, 2009, each hospital and on or before October 1, 2010, each chronic care hospital under the jurisdiction of the Commission shall develop a written financial assistance policy for providing free and reduced-cost medically necessary care to low-income patients who lack health care coverage or to patients whose health insurance does not pay the full cost of the hospital bill. A hospital shall provide notice of the hospital's financial assistance policy to the patient, the patient's family, or the patient's authorized representative before discharging the patient and in each communication to the patient regarding collection of the hospital bill. A patient may opt out of electronic communications by informing the hospital or debt collector orally or through written communication. The financial assistance policy shall provide at a minimum:

(i) (text unchanged)

(ii) Reduced-cost[,] medically necessary care to low-income patients with family income between 200 and 300 percent of the federal poverty level, in accordance with the mission and service area of the hospital;

(iii) A maximum patient payment for reduced-cost medically necessary care not to exceed the charges minus the hospital mark-up;

(iv) A payment plan available to all patients [irrespective of their insurance status with family income between 200 and 500 percent of the federal poverty level who request assistance] in accordance with the Guidelines; and

(v) A mechanism for a patient, irrespective of that patient’s insurance status, to request the hospital to reconsider the denial of free or [reduced] reduced-cost medically necessary care, including the address, phone number, facsimile number, email address, mailing address, and website of the Health Education and Advocacy Unit, which can assist the patient or patient’s authorized representative in filing and mediating a reconsideration request.

(b) The financial assistance policy shall calculate a patient’s eligibility for free medically necessary care under §B-3(1)(a)(i) of this regulation and Health-General Article, §19-214.1(b)(2)(i), Annotated Code of Maryland, or reduced-cost medically necessary care under §B-3(1)(a)(ii) of this regulation and Health-General Article, §19-214.1(b)(2)(i), Annotated Code of Maryland, at the date of service or updated, as appropriate, to account for any change in the financial circumstances of the patient that occurs within 240 days after the initial bill is provided.

[(b)] (c) A hospital whose financial assistance policy as of May 8, 2009, provides for free or reduced-cost [medical] medically necessary care to a patient at an income threshold higher than those set forth above may not reduce that income threshold.

[(c)] (d) Presumptive Eligibility for Free Medically Necessary Care. Unless otherwise eligible for Medicaid or CHIP, patients who are beneficiaries/recipients of the following means-tested social services programs are deemed eligible for free medically necessary care[, provided that the patient submits proof of enrollment within 30 days unless the patient or the patient’s representative requests an additional 30 days]:

(i)—(v) (text unchanged)

(vi) Other means-tested social services programs deemed eligible for hospital free medically necessary care policies by the Maryland Department of Health and the HSCRC, consistent with [HSCRC regulation COMAR 10.37.10.26] this regulation.

[(d)] (e)[(f)] (g) (text unchanged)

[(3)] (2) Each hospital shall submit to the Commission within [60] 120 days after the end of each hospital’s fiscal year:

(a) (text unchanged)

(b) An annual report on the hospital's financial assistance policy that includes:

(i) (text unchanged)

(ii) The total number of inpatients and outpatients who received free medically necessary care during the immediately preceding year and reduced-cost medically necessary care for the prior year;

(iii)—(iv) (text unchanged)

(v) The total cost of hospital services provided to patients who received free medically necessary care; and

(vi) The [totalcost] total cost of hospital services provided to patients who received reduced-cost medically necessary care that was covered by the hospital as financial assistance or that the hospital charged to the patient.

(3) Financial Hardship Policy.

(a) Subject to [§A-2(b) and (c) of this regulation] this subsection, the financial assistance policy required under §B-3 of this regulation and Health-General Article, §19-214.1, Annotated Code of Maryland, shall provide reduced-cost[,] medically necessary care to patients with family income below 500 percent of the federal poverty level who have a financial hardship.

(b) A hospital may seek and the Commission may approve a family income threshold that is different than the family income threshold under [§A-2(C)(1)] §B-3(1)(a) of this regulation.

(c) (text unchanged)

(d) If a patient has received reduced-cost[,] medically necessary care due to a financial hardship, the patient or any immediate family member of the patient living in the same household:

(i) Shall remain eligible for reduced-cost[,] medically necessary care when seeking subsequent care at the same hospital during the 12-month period beginning on the date on which the reduced-cost[,] medically necessary care was initially received; and

(ii) To avoid an unnecessary duplication of the hospital’s determination of eligibility for free and reduced-cost care, shall inform the hospital of the patient’s or family member’s eligibility for the reduced-cost[,] medically necessary care.

[(5)] (4) If a patient is eligible for reduced-cost [medical] medically necessary care under a hospital’s financial assistance policy or financial hardship policy, the hospital shall apply the reduction in charges that is most favorable to the patient.

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

[(8)] (7) Each hospital shall use a Uniform Financial Assistance Application in the manner prescribed by the Commission in order to determine eligibility for free and reduced-cost medically necessary care.

[(9)] (8)[10)] (9) (text unchanged)

[(11)] (10) Monetary assets excluded from the determination of eligibility for free and reduced-cost medically necessary care under these provisions shall be adjusted annually for inflation in accordance with the Consumer Price Index.

[(12)] (11)[(13)] (12) (text unchanged)

[A-3.] B-4. (text unchanged)

[B.] C. Working Capital Differentials — Payment of Charges.

(1) A third-party payer may obtain a discount in rates established by the Commission if it provides current financing monies in accordance with the following terms[.]:

(a)—(e) (text unchanged)

(2) The third-party payer shall promptly provide the Commission with a verified record of the detailed calculation of the current financing and of each recalculated balance as adjustments are made. The detailed calculations shall become a part of the public record. The Commission may, at any time, evaluate the amount of current financing monies provided to a hospital to assure that it meets the discount of requirements specified in [§B(1)] §C(1) of this regulation. If the Commission finds that the amount of current financing is inconsistent with the requirements of [§B(1)] §C(1), the Commission may, at its sole discretion, require an adjustment to the working capital advance or to the discount.

(3) A payer or self-paying patient, who does not provide current financing under [§B(1)(a)—(e)] §C(1) of this regulation, shall receive a 2-percent discount if payment is made at the earlier of the end of each regular billing period or upon discharge from the hospital. Payment within 30 days of the earlier of the end of each regular billing period or discharge entitles a payer or self-pay patient to a 1-percent discount. For those payers not subject to Insurance Article, §15-1005, Annotated Code of Maryland, after 60 days from the date of the earlier of the end of each regular billing period or discharge, interest or late payment charges may accrue on any unpaid charges at a simple rate of 1 percent per month. The interest or late payment charges may be added to the charge on the 61st day after the date of the earlier of the end of each regular billing period or discharge and every 30 days after that. For patients who have entered into a hospital payment plan, the interest rate shall be established in accordance with the Guidelines.

(4) (text unchanged)

(5) Hospital Written Estimate.

(a)—(c) (text unchanged)

(d) The provisions set forth in [§B(5)(a)—(c)] §C(5)(a)—(c) of this regulation do not apply to emergency services.

[C.] D. (text unchanged)

ADAM E. KANE
Chair
Health Services Cost Review Commission

 

 

Title 11
DEPARTMENT OF TRANSPORTATION

Notice of Proposed Action

[22-148-P]

The Administrator of the Motor Vehicle Administration proposes to amend:

(1) Regulation .04 under COMAR 11.11.05 Motor Vehicle Fees; and

(2) Adopt new Regulations .01—.05 under a new chapter, COMAR 11.15.39 Electronic or Digital 24-Hour Registration.

Statement of Purpose

The purpose of this action is to create a fee and adopt new regulations for the issuance of an electronic or digital 24-hour registration to conform to Ch. 434 (H.B. 1076), Acts of 2022.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. There will be an impact to MDOT MVA expenditures of approximately $42,750.

The proposal will have an impact on MDOT MVA revenues of approximately $10,000 annually.

There is currently a Temporary In-Transit Registration that the Motor Vehicle Administration can issue that allows a nonresident owner of a vehicle to operate the vehicle on a highway in the State only for the purpose of transporting the vehicle to a jurisdiction outside the State for titling and registration.

This proposal would only allow operation of newly purchased vehicles on a highway in Maryland for 24 hours, but not on highways in any other state. While MDOT MVA does have a mechanism to perform immediate verification of insurance to make sure the purchaser does have the proper insurance coverage for the vehicle, not all insurance companies are actively participating in the program. In addition, prior to issuing a vehicle registration, electronic verification through the National Motor Vehicle Titling Information System (NMVTIS) must be complete to ensure the title is valid and that the vehicle is not stolen or salvage. If there is a discrepancy in this information, it will need to be resolved with the issuing agency. Once the appropriate verifications are completed, a paper registration will be made available to print, and the paper registration will be placed in the back window.


 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

 

 

(1)

(E-)

$42,750

(2)

(R+)

$ 10,000

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A(1). The programming costs to implement this 24-hour registration will be $42,750

A(2). The proposal will have an impact on MDOT MVA revenues. If MDOT MVA charges $20 and issues an anticipated 500 24-hour registrations per year, that income will equal approximately $10,000 annually.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Tracey Sheffield, Regulations Coordinator, MDOT MVA, 6601 Ritchie Highway N.E., Room 200, Glen Burnie, MD 21062, or call 410-768-7545, or email to tsheffield@mdot.maryland.gov, or fax to 410-768-7506. Comments will be accepted through September 26, 2022. A public hearing has not been scheduled.

 

Subtitle 11 MOTOR VEHICLE ADMINISTRATION — ADMINISTRATIVE PROCEDURES

11.11.05 Motor Vehicle Fees

Authority: Transportation Article, §12-104(b), Annotated Code of Maryland, and as cited in Regulations .02—.06 of this chapter

.04 Vehicle Registration Fees.

Service

Section

Fee

A. — K. (text unchanged)

L. Electronic or Digital 24-Hour Registration

13-405.2

20

 

Subtitle 15 MOTOR VEHICLE ADMINISTRATION — VEHICLE REGISTRATION

11.15.39 Electronic or Digital 24-Hour Registration

Authority: Transportation Article, §§12-104(b) and 13-405.2, Annotated Code of Maryland

.01 Purpose.

This chapter establishes the criteria for the owner of a vehicle to apply for, pay for, and receive an electronic or digital 24-hour registration for the purpose of operating a vehicle on a highway in the State of Maryland.

.02 Definitions.

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

B. Terms Defined.

(1) “Administration” means the Motor Vehicle Administration.

(2) “Electronic or digital 24-hour registration” means an online transaction provided by Administration through online services.

.03 Application for Electronic or Digital 24-Hour Registration.

A. The owner of a vehicle that is not currently registered in the new owner’s name in the State and who wishes to use the vehicle on a Maryland State highway may apply for an electronic or digital 24-hour registration in a format prescribed by the Administration.

B. An applicant for an electronic or digital 24-hour registration shall provide the Administration with a completed online application, the required fee set forth in COMAR 11.11.05, and proof of the following, as described in Regulation .04 of this chapter:

(1) Identity;

(2) Vehicle ownership; and

(3) Insurance.

C. An application for an electronic or digital 24-hour registration may be submitted through the Administration’s online services.

.04 Period of Validity.

A. An electronic or digital 24-hour registration shall:

(1) Be valid for a period of 24-hours; and

(2) Indicate the expiration date and time.

B. The Administration may not issue more than one 24-hour registration for each vehicle sales transaction.

.05 Required Proofs.

A. As proof of identity, an applicant for an electronic or digital 24-hour registration shall furnish a valid State-issued ID or driver’s license.

B. As proof of ownership, an applicant for an electronic or digital 24-hour registration shall provide a properly assigned certificate of title or other ownership documentation acceptable to the Administration.

C. As proof of insurance, an applicant for an electronic or digital 24-hour registration shall provide proof that the vehicle for which the electronic or digital 24-hour registration is to be issued is covered by the minimum amount of vehicle liability insurance required by Transportation Article, §17-103, Annotated Code of Maryland.

CHRISTINE NIZER
Administrator
Motor Vehicle Administration

 

Subtitle 12 MOTOR VEHICLE ADMINISTRATION — LICENSING OF BUSINESSES AND OCCUPATIONS

11.12.01 Dealers and Salesmen

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

Notice of Proposed Action

[22-147-P]

     The Administrator of the Motor Vehicle Administration proposes to amend Regulation .01 under COMAR 11.12.01 Dealers and Salesmen.

Statement of Purpose

The purpose of this action is to define “vehicle salesman” to conform to Ch. 573 (H.B. 679), Acts of 2022.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Tracey Sheffield, Regulations Coordinator, MDOT MVA, 6601 Ritchie Highway N.E., Room 200, Glen Burnie, MD 21062, or call 410-768-7545, or email to tsheffield@mdot.maryland.gov, or fax to 410-768-7506. Comments will be accepted through September 26, 2022. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (14) (text unchanged)

(15) “Vehicle salesman” has the meaning stated in Transportation Article, §15-101, Annotated Code of Maryland.

CHRISTINE NIZER
Administrator
Motor Vehicle Administration

 

Subtitle 16 MOTOR VEHICLE ADMINISTRATION—VEHICLE OPERATIONS

11.16.02 Authorized Emergency and Service Vehicles

Authority: Transportation Article, §12-104(b), Annotated Code of Maryland

Notice of Proposed Action

[22-146-P]

The Administrator of the Motor Vehicle Administration proposes to amend Regulation .03 under COMAR 11.16.02 Authorized Emergency and Service Vehicles.

Statement of Purpose

The purpose of this action is to update regulations authorizing certain highway maintenance service equipment and vehicles, while in use for snow removal or the protection of highway maintenance workers, to be equipped with and display green flashing lights simultaneously with yellow or amber flashing lights to conform to Ch. 204 (H.B. 1150), Acts of 2022.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Tracey Sheffield, Regulations Coordinator, MDOT MVA, 6601 Ritchie Highway N.E., Room 200, Glen Burnie, MD 21062, or call 410-768-7545, or email to tsheffield@mdot.maryland.gov, or fax to 410-768-7506. Comments will be accepted through September 26, 2022. A public hearing has not been scheduled.

.03 [Out of State] Out-of-State Emergency Type Vehicles for Sale, Resale, or Demonstration Purposes Operating Through Maryland.

A. (text unchanged)

B. [Out of state] Out-of-State service type vehicles of any governmental agency, tow trucks, slow moving farm vehicles, and rural letter carriers shall be permitted to operate interstate through Maryland equipped with and displaying amber, green, or yellow oscillating or flashing lights or signal devices in accordance with Transportation Article, §22-218, Annotated Code of Maryland, while on official duty and when that operation impedes the normal flow of traffic and becomes a hazard to other motorists. The exemption set forth in this section may not apply to vehicles engaged in an intrastate operation.

C. (text unchanged)

CHRISTINE NIZER
Administrator
Motor Vehicle Administration

 

Title 14
INDEPENDENT AGENCIES

Subtitle 35 MARYLAND HEALTH BENEFIT EXCHANGE

14.35.19 State-Based Young Adult Health Insurance Subsidies Program

Authority: Insurance Article, §31-106(c)(1)(iv), Annotated Code of Maryland

Notice of Proposed Action

[22-143-P]

     The Maryland Health Benefit Exchange proposes to amend Regulation .04 under COMAR 14.35.19 State-Based Young Adult Health Insurance Subsidies Program.

Statement of Purpose

The purpose of this action is to bring the basis of calculation of Young Adult Health Insurance Subsidy payments into alignment with Insurance Article, §31-122, Annotated Code of Maryland, by extending last dollar coverage to certain enrollees.

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 Becca Lane, Senior Health Policy Analyst, Maryland Health Benefit Exchange, 750 E Pratt St., Baltimore, MD 21202, or email to becca.lane@maryland.gov. Comments will be accepted through September 26, 2022. A public hearing has not been scheduled.

.04 Calculation of Subsidies Under the Program.

A.—C. (text unchanged)

D. [The] Basis of Calculation.

(1) For enrollees with a greater than 0 percent premium contribution based on the payment parameters set by the Board, the subsidy shall be calculated based on, and applied only to, the portion of premium allocated to essential health benefits.

(2) For enrollees with a 0 percent premium contribution based on the payment parameters set by the Board, the subsidy shall also be applied to nonessential health benefits so that the enrollee’s total premium responsibility is equal to $0.

E. (text unchanged)

MICHELE S. EBERLE
Executive Director

 

Title 15
MARYLAND DEPARTMENT OF AGRICULTURE

Subtitle 03 WEIGHTS AND MEASURES

15.03.01 Commercial Weighing and Measuring Devices and Procedures for Testing Packaged Goods

Authority: Agriculture Article, §§11-203 and 11-206, Annotated Code of Maryland

Notice of Proposed Action

[22-150-P-I]

     The Maryland Department of Agriculture proposes to amend Regulation .02 under COMAR 15.03.01 Commercial Weighing and Measuring Devices and Procedures for Testing Packaged Goods.

Statement of Purpose

The purpose of this action is to incorporate the most recent edition to NIST (National Institute of Standards and Technology) Handbook 133 that MDA uses to verify the net quantity of contents of packages kept, offered, or exposed for sale, or sold by weight, measure, or count (that being, the 2020 edition of this handbook). MDA already has incorporated by reference Handbook 133. Since it was incorporated by reference, the National Conference on Weights and Measures, which meets annually, has amended NIST Handbook 133 several times.

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 Kenneth Ramsburg, Program Manager, Weights and Measures, Maryland Department of Agriculture, 50 Harry S. Truman Parkway, Annapolis, MD 21401, or call 410-841-2720, or email to kenneth.ramsburg@maryland.gov. Comments will be accepted through September 26, 2022. A public hearing has not been scheduled.

 

Editor’s Note on Incorporation by Reference

   Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the NIST (National Institute of Standards and Technology), Checking the Net Contents of Packaged Goods, as adopted by the 104th National Conference on Weights and Measures 2019, NIST Handbook 133, 2020, has been declared a document generally available to the public and appropriate for incorporation by reference. For this reason, it will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of this document are filed in special public depositories located throughout the State. A list of these depositories was published in 49:1 Md. R. 9 (January 3, 2022), and is available online at www.dsd.state.md.us. The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

.02 Procedures for Testing the Net Contents of Packaged Goods.

The procedures and statistical sampling techniques used by the Maryland Department of Agriculture to test packages for conformance with legal weights and measures standards in this State are those adopted by the National Conference on Weights and Measures as published in [National Bureau of Standards (now named the National Institute of Standards and Technology) "NIST Handbook 133, Fourth Edition,] “NIST (National Institute of Standards and Technology) Handbook 133, 2020 Edition, Checking the Net Contents of Packaged Goods", which is incorporated by reference.

STEVEN A. CONNELLY
Deputy Secretary of Agriculture

 

Subtitle 03 WEIGHTS AND MEASURES

15.03.02 Packaging and Labeling

Authority: Agriculture Article, §§11-203 and 11-207, Annotated Code of Maryland

Notice of Proposed Action

[22-151-P-I]

     The Maryland Department of Agriculture proposes to amend Regulation .01 under COMAR 15.03.02 Packaging and Labeling.

Statement of Purpose

The purpose of this action is to adopt certain sections of NIST (National Institute of Standards and Technology) Handbook 130 (2022 Edition). The National Conference on Weights and Measures recently approved these and other sections of this handbook. MDA already has incorporated by reference (from an earlier edition of Handbook 130) the following section of this handbook: "Uniform Packaging and Labeling Regulation". MDA now intends to also incorporate by reference the section titled: "Examination Procedure for Price Verification". This action will: (1) Ensure that accurate and adequate information on packages as to identity and quantity of contents is provided so that purchasers can make price and quantity comparisons; and (2) Provide procedures to conduct price verification inspections in any type of store, including those that use Universal Product Code scanners and price-look-up codes at the check-out counter as a means for pricing. The 2022 edition of NIST Handbook 130 is the most current edition of this handbook.

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 Kenneth Ramsburg, Chief of Weights and Measures, Maryland Department of Agriculture, 50 Harry S. Truman Parkway, Annapolis, Maryland 21401, or call 410-841-2707, or email to kenneth.ramsburg@maryland.gov. Comments will be accepted through September 26, 2022. A public hearing has not been scheduled.

 

Editor’s Note on Incorporation by Reference

     Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the NIST (National Institute of Standards and Technology), Handbook 130, “Uniform Packaging and Labeling Requirements” and “Examination Procedure for Price Verification” has been declared a document generally available to the public and appropriate for incorporation by reference. For this reason, it will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of this document are filed in special public depositories located throughout the State. A list of these depositories was published in 49:1 Md. R. 9 (January 3, 2022), and is available online at www.dsd.state.md.us. The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

 

.01 Incorporation by Reference.

A. The [Uniform Packaging and Labeling Regulation chapter] following sections of [the] NIST (National Institute of Standards and Technology) Handbook 130 [(2002 Edition) is], 2022 Edition, are incorporated by reference[.]:

(1) The section titled “Uniform Packaging and Labeling Regulation”; and

(2) The section titled “Examination Procedure for Price Verification”.

B. The requirements applicable to packaged commodities that are produced, kept, offered, or exposed for sale in this State are set forth in the [document listed in §A of this regulation] section of Handbook 130 titledUniform Packaging and Labeling Regulation”.

C. The requirements applicable to examination procedures for price accuracy in retail stores in this State are set forth in the section of Handbook 130 titled “Examination Procedure for Price Verification”.

STEVEN A. CONNELLY
Deputy Secretary of Agriculture

 

Title 17
DEPARTMENT OF BUDGET AND MANAGEMENT

Subtitle 04 PERSONNEL SERVICES AND BENEFITS

17.04.11 Leave

Authority: State Personnel and Pensions Article, §9-302, Annotated Code of Maryland

Notice of Proposed Action

[22-145-P]

     The Secretary of Budget and Management proposes to amend Regulation .04 under COMAR 17.04.11 Leave.

Statement of Purpose

The purpose of this action is to remove language no longer in effect.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jennifer P Hine, Director, Personnel Services Division, Department of Budget and Management, 301 W. Preston Street, Rm. 605, Baltimore, MD 21201, or call 410 767-4718, or email to jennifer.hine@maryland.gov, or fax to 410 333-7671. Comments will be accepted through September 26, 2022. A public hearing has not been scheduled.

.04 Annual Leave.

A.—G. (text unchanged)

H. Rate of Earnings Upon Return to State Service.

(1) (text unchanged)

[(2) An employee who returns to State service with an authorized status of reinstatement is entitled to the same rate of leave earnings in effect at the time of the employee's separation from service or at the time of the employee's return to service, whichever rate is higher.]

[(3)] (2)—[(4)] (3) (text unchanged)

DAVID R. BRINKLEY
Secretary of Budget and Management

 

Subtitle 04 PERSONNEL SERVICES AND BENEFITS

17.04.13 State Employees' Health Benefits

Authority: State Personnel and Pensions Article, §§2-503 and 4-106, Annotated Code of Maryland

Notice of Proposed Action

[22-144-P]

The Secretary of Budget and Management proposes to amend Regulation .04 under COMAR 17.04.13 State Employees' Health Benefits.

Statement of Purpose

The purpose of this action is to fully align health benefits eligibility with the process utilized following the implementation of the State's Human Resources Information System (HRIS).

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 Christina Kuminski, Director, Employee Benefits Division, Department of Budget and Management, 301 W. Preston Street, Rm. 510, Baltimore, MD 21201, or call 410 767-4787, or email to christina.kuminski@maryland.gov, or fax to 410 333-7104. Comments will be accepted through September 26, 2022. A public hearing has not been scheduled.

.04 Effective Dates for Eligible Persons.

A. (text unchanged)

B. Coverage.

(1) Eligible Employees Listed in Regulation .03A(1)—(8) of this Chapter.

(a) An eligible employee or retired employee shall apply for coverage for himself and eligible dependents within 60 days of the employment or retirement date by submitting to the appointing authority an application and payroll deduction authorization form for the coverage desired or shall wait for the annual open enrollment period unless otherwise indicated in §C of this regulation. [Coverage shall be effective for the coverage period applicable to the first payroll deduction. Coverage on a post-tax basis may be purchased retroactively to the date the employee or retired employee became eligible for coverage.] The Salary Reduction Agreement may be combined with the electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system. Coverage shall be effective in accordance with Eligibility Provisions. Coverage [may be] is purchased pretax on a prospective basis only in accordance with the State cafeteria plan adopted by the Department of Budget and Management in accordance with federal tax law. Employees will receive invoices for all outstanding coverage fees which are not satisfied through a payroll deduction; these amounts will not be on a pretax basis.

(b) Coverage for later acquired or newly eligible dependents of a covered employee or retired employee is obtained by submitting, in the case of an active employee, [to the appointing authority] an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system or, in the case of a retired employee, an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system or an application to the Department of Budget and Management, [an application and payroll deduction authorization form] within 60 days of the change in status. [Coverage for that dependent shall be effective for the coverage period applicable to the necessary health insurance payroll deduction made following the submittal of the completed application and payroll deduction authorization form. Coverage on a post-tax basis may be purchased retroactively to the date the employee's or retired employee's dependent or dependents became eligible for coverage.] Coverage shall be effective in accordance with Eligibility Provisions. Coverage [may be] is purchased pretax on a prospective basis only in accordance with the State cafeteria plan adopted by the Department of Budget and Management in accordance with federal tax law. Employees will receive invoices for all outstanding coverage fees which are not satisfied through a payroll deduction; these amounts will not be on a pretax basis.

(c) A newborn child may be covered from birth when maternity benefits are provided. However, the employee shall make application within 60 days from the date of the child’s birth to convert to an appropriate membership to provide coverage for the newborn child. Coverage for the newborn shall be effective on the date of birth provided the employee submits [the completed application and payroll deduction authorization form] an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system within 60 days of the date of birth. [However, if, due to an untimely application retroactive coverage is necessary back to the date of birth, the employee shall contact the Health Benefits Administrator and shall submit any necessary payment with the completed application and payroll deduction authorization form.] Coverage [may be] is purchased pre-tax on a prospective basis only in accordance with the State cafeteria plan adopted by the Department of Budget and Management in accordance with federal tax law.

(2) Contractual Employees Working More than 30 Hours per Week or 130 Hours per Month.

(a) An eligible contractual employee working more than 30 hours per week, or an average of 130 hours per month, as determined after any necessary measurement period, shall apply for coverage for himself and eligible dependents within 60 days of eligibility by submitting [to the appointing authority an application] an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system for the coverage desired, or shall wait for the annual open enrollment period unless otherwise indicated in §C of this regulation. The eligible contractual employee working more than 30 hours per week, or an average of 130 hours per month, shall be provided a State subsidy equal to 75 percent of the premium for elected medical and prescription drug coverage. The employee shall pay 25 percent of the total cost of the premium in accordance with the direct billing procedures of the Department of Budget and Management. For all other coverage elected, the employee shall pay the total cost of the premium in accordance with the direct billing procedures of the Department of Budget and Management and may not receive a State subsidy. Coverage shall be effective in accordance with Eligibility Provisions. [the next available monthly billing cycle for premium payment following the submittal of the application to the appointing authority and receipt of payment.]

(b) Coverage for later acquired or newly eligible dependents of a covered contractual employee is obtained by submitting an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system [to the appointing authority an application] within 60 days of the change in status. Coverage for that dependent shall be effective in accordance with Eligibility Provisions. [the next available monthly billing cycle for premium payment following the submittal of the application to the appointing authority and receipt of payment. Coverage on a post-tax basis may be purchased retroactively to the date the contractual employee’s dependent or dependents became eligible for coverage.]

(c) A newborn child may be covered from birth when maternity benefits are provided. However, the employee shall make application within 60 days from the date of the child’s birth to convert to an appropriate membership to provide coverage for the newborn child. Coverage for the newborn shall be effective as of the child’s date of birth provided the employee submits [the completed application and makes any necessary payments] an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system within 60 days of the date of birth. [However, if retroactive coverage is necessary due to an untimely application, the contractual employee shall contact the Health Benefits Administrator and make any necessary payments to effect such retroactive coverage.]

(3) Permanent Employees Working Less than 50 Percent of the Workweek and Contractual Employees Working Less than 30 Hours per Week.

(a) An eligible permanent employee working less than 50 percent of the workweek or contractual employee working less than 30 hours per week or 130 hours per month may apply for coverage for the employee and eligible dependents within 60 days of employment by submitting [to the appointing authority an application] an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system for the coverage desired, or shall wait for the annual open enrollment period. Such employees shall pay the total cost of the premium in accordance with the direct billing procedures of the Department of Budget and Management and may not receive a State subsidy. Coverage shall be effective [the next available monthly billing cycle for premium payment following the submittal of the application to the appointing authority and receipt of payment] in accordance with Eligibility Provisions.

(b) An eligible permanent employee working less than 50 percent of the workweek or contractual employee working less than 30 hours per week or 130 hours per month may obtain coverage for later acquired or newly eligible dependents by submitting [to the appointing authority an application] an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system for the coverage desired within 60 days of the qualifying event, or shall wait for the annual open enrollment period. Coverage for that dependent shall be [the date of the next available monthly billing cycle for premium payment following the submittal of the application to the appointing authority and receipt of payment] in accordance with Eligibility Provisions.

(c) A newborn child may be covered from birth when maternity benefits are provided. However, the employee shall make application within 60 days from the date of the child’s birth to convert to an appropriate membership to provide coverage for the newborn child. Coverage for the newborn shall be effective as of the date of birth provided the employee submits an electronic enrollment form completed by the employee (or the employee’s representative) using the State’s selected human capital management system. [a completed application and makes any necessary payment within 60 days of the date of birth. However, if retroactive coverage is necessary due to an untimely application, the part-time or contractual employee shall contact the Health Benefits Administrator and make any necessary payments to effect such retroactive coverage.]

[(c) A newborn child may be covered from birth when maternity benefits are provided. However, the employee shall make application within 60 days from the date of the child's birth to convert to an appropriate membership to provide coverage for the newborn child. Coverage for the newborn shall be effective for the date of the next available monthly billing cycle for premium payment following the submittal of the application to the appointing authority and receipt of payment. However, if retroactive coverage is necessary, the part-time or contractual employee shall contact the Health Benefits Administrator.]

C. (text unchanged)

DAVID R. BRINKLEY
Secretary of Budget and Management

 

Title 18
DEPARTMENT OF ASSESSMENTS AND TAXATION

Subtitle 03 PERSONAL PROPERTY ASSESSMENTS

18.03.01 General

Authority: Tax-Property Article, §§2-201, 2-202, 5-101, [and] 8-101(c), and 8-107, Annotated Code of Maryland

Notice of Proposed Action

[22-156-P]

     The Director of Assessments and Taxation proposes to amend Regulation .02 under COMAR 18.03.01 General.

Statement of Purpose

The purpose of this action is to allow the Department to depreciate the original cost value of personal property beyond the general 75 percent limit that currently exists.

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 Jonathan Glaser, Legislative Director, Department of Assessments and Taxation, 301 W. Preston Street, Baltimore, MD 20201, or call 410-767-5754, or email to jonathan.glaser@maryland.gov, or fax to 410-333-5873. Comments will be accepted through September 26, 2022. A public hearing has not been scheduled.

.02 Depreciation.

A. Term Defined. “Salvage value” means the value of personal property after all depreciation under this regulation has been applied.

[A.] B. In the assessment of all other personal property under Tax-Property Article, §8-101(c)(7), Annotated Code of Maryland, a 10 percent rate of depreciation per year is applied to the original cost of most property. Exceptions to the 10 percent depreciation rate can be found in [§B] §C of this regulation. [Generally, personal property may not be depreciated below 25 percent of the original cost.] Personal property may be depreciated to its salvage value.

[B.] C. Depreciation Schedule. The following annual rates of depreciation shall be applied to the different types of personal property indicated:

(1) (text unchanged)

(2) Except as provided in [§B(10)] §C(10) of this regulation, long-lived electric generation machinery and equipment of nonutility entities that generate electricity for sale shall be depreciated at 3-1/3 percent per year;

(3) — (4) (text unchanged)

(5) To be depreciated at 30 percent per year [to a minimum of 10 percent]:

(a) Data processing equipment other than the type mentioned in [§B(3)] §C(4) of this regulation;

(b) Computer software;

(6) — (10) (text unchanged)

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

 

Title 22
STATE RETIREMENT AND PENSION SYSTEM

Subtitle 03 BOARD OF TRUSTEES

22.03.01 Election of Trustees

Authority: State Personnel and Pensions Article, [§§21-104(b)] §§21-401 and 21-110, Annotated Code of Maryland

Notice of Proposed Action

[22-149-P]

The Board of Trustees for the State Retirement and Pension System proposes to repeal existing Regulations .01—.12 and adopt new Regulations .01—.12 under COMAR 22.03.01 Election of Trustees. This action was considered by the Board of Trustees for the State Retirement and Pension System at an open meeting held on June 21, 2022, notice of which was given by publication on the website for the Maryland State Retirement and Pension System pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to provide clarifying changes to the regulations governing trustee elections for the Board of Trustees of the State Retirement and Pension System. These changes include:

(1) Expanding COMAR 22.03.01.01 to conform to Ch. 353, Acts of 2022. Definitions for “active member” and “retiree” were added to support the addition of “candidate” and “certified candidate” definitions.

(2) Clarifying and updating the trustee terms of office and the years when trustees are elected.

(3) Clarifying and simplifying the language regarding the time frame for a trustee election and the announcement of results.

(4) Clarifying what will be included in a trustee election notice and the posting requirements of the election notice on the State Retirement Agency website.

(5) Providing more detail regarding the trustee nomination period.

(6) Amending the term “eligible voter” under COMAR 22.03.01.06 to provide a clearer and more accurate term “candidate” for purposes of trustee elections. COMAR 22.03.01.06 also modifies the description of what materials a candidate needs to submit in order to become a certified candidate and adds a new section that clarifies what a candidate’s campaign materials cannot contain, in order to confirm the neutrality of the State Retirement Agency and Board of Trustees, and to guard the accuracy of information provided to those voting.

(7) Clarifying how trustee ballots are handled, including an express limitation that an eligible voter may vote only once.

(8) Clarifying the publication of the trustee election results on the State Retirement Agency’s website and social media sites.

(9) Clarifying the time frame in which an unsuccessful certified trustee candidate may petition for a recount of the ballots.

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 Anne Gawthrop, Director of Legislative Affairs, State Retirement Agency, 120 E. Baltimore St., 16th Floor, Baltimore, MD 21202, or call 410-625-5602, or email to agawthrop@sra.state.md.us, or fax to 410-468-1710. Comments will be accepted through September 26, 2022. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board of Trustees for the State Retirement and Pension System during a public meeting to be held on October 18, 2022 at 1 p.m., at 120 East Baltimore Street, 16th Floor, Baltimore, MD 21202.

.01 Definitions.

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

B. Terms Defined.

(1) “Active member” means a member who is not separated from employment with the State or a participating employer.

(2) “Candidate” means an eligible voter who seeks election to The Board of Trustees.

(3) “Certified candidate” means a candidate who meets the required qualifications to serve in the trustee position into which the individual is seeking to be elected.

(4) "Election year" means the calendar year during which an election of a trustee is conducted.

(5) "Eligible voter" means an active member or retiree of the Employees' Systems, State Police Retirement System, or Teachers' Systems.

(6) "Employees' Systems" means the following State systems:

(a) Employees' Pension System;

(b) Employees' Retirement System;

(c) Judges' Retirement System;

(d) Correctional Officers' Retirement System;

(e) Local Fire and Police System;

(f) Law Enforcement Officers’ Pension System; and

(g) Legislative Pension Plan.

(7) Retiree.

(a) “Retiree” has the meaning set forth in State Personnel and Pensions Article, §20-101(jj), Annotated Code of Maryland.

(b) “Retiree” includes a member of the Deferred Retirement Option Program under State Personnel and Pensions Article, §24-401.1 or 26-401.1, Annotated Code of Maryland.

(8) "Teachers' Systems" means the Teachers' Pension System and the Teachers' Retirement System.

.02 Election of Trustees—General.

A. The Retirement Agency shall conduct elections for eligible voters to select:

(1) Two trustees to serve on the Board of Trustees, one active member of the Employees' Systems and one active member of the Teachers' Systems, for a 4-year term to begin on August 1, 2021, and every 4 years after that;

(2) One trustee to serve on the Board of Trustees who is an active member or retiree of the State Police Retirement System, for a 4-year term to begin on August 1, 2022, and every 4 years after that; and

(3) Two trustees to serve on the Board of Trustees, one retiree of the Employees' Systems and one retiree of the Teachers' Systems, for a 4-year term to begin on August 1, 2023, and every 4 years after that.

B. At each applicable election, eligible voters from:

(1) The Employees' Systems shall elect one trustee from the Employees' Systems;

(2) The State Police Retirement System shall elect one trustee from the State Police Retirement System; and

(3) The Teachers' Systems shall elect one trustee from the Teachers' Systems.

.03 Election Schedule.

A. The Executive Director shall prepare a schedule for conducting the election of trustees that conforms to the requirements of §B of this regulation.

B. The election schedule shall include the following information:

(1) The time period during which nominations will be accepted from a candidate;

(2) The date by which the Executive Director will certify any candidate as a certified candidate who has satisfied the conditions set forth in Regulation .06 of this chapter;

(3) The dates when eligible voters may vote; and

(4) The date election results shall be announced.

C. In the calendar year preceding the election year, the Executive Director shall submit the election schedule to the Board of Trustees for its review. After making any revisions the Board of Trustees determines to be appropriate, a majority of the Board of Trustees shall approve the election schedule and direct the Executive Director to conduct the election of trustees in accordance with the election schedule.

.04 Election Notice.

A. After the Board approves an election schedule, the Executive Director shall notify all eligible voters of the upcoming election.

B. The election notice shall include:

(1) The election schedule approved by the Board of Trustees;

(2) An explanation of the eligibility requirements to serve as a trustee set forth in State Personnel and Pensions Article, §21-104, Annotated Code of Maryland, and this chapter; and

(3) Any other information the Executive Director considers necessary.

C. The Executive Director shall circulate the election notice by:

(1) Distributing the election notice to retirement coordinators of all participating employers for posting;

(2) Publishing the election notice in Retirement Agency newsletters;

(3) Posting the election notice on the Retirement Agency website; and

(4) Using any other method the Executive Director considers appropriate to notify eligible voters of the election.

.05 Nomination Requirements.

A. A candidate may obtain nomination requirements from the Retirement Agency at any time after the Executive Director has announced the election schedule and before the election schedule’s stated deadline for submitting nominations.

B. Except as provided in a revised election schedule issued under Regulation .06 of this chapter, the Executive Director may not distribute nomination requirements to a candidate after the date specified in the election schedule.

.06 Nomination of Candidates.

A. A candidate shall properly complete and submit all required nomination materials on or before the election schedule’s stated submission deadline.

B. A candidate becomes a certified candidate if the Executive Director certifies that the following criteria are met:

(1) The candidate satisfies the eligibility requirements set forth in State Personnel and Pensions Article, §21-104, Annotated Code of Maryland; and

(2) On or before the date specified in the election schedule, the Executive Director receives:

(a) For a candidate to become a certified candidate for the Employees' Systems or Teachers' Systems:

(i) Completed nominations with the signatures and birth dates of at least 500 eligible voters;

(ii) A separate written statement in the length and format required by the Executive Director setting forth the candidate’s relevant experience but excluding any references to endorsements;

(iii) Confirmation that at least 500 of the individuals who signed the nomination forms are eligible to vote for the candidate to serve as trustee; and

(iv) Such additional information as the Executive Director may require; or

(b) For a candidate to become a certified candidate for the State Police Retirement System:

(i) Completed nominations with the signatures and birth dates of at least 100 eligible voters;

(ii) A separate written statement in the length and format required by the Executive Director setting forth the candidate’s relevant experience but excluding any references to endorsements;

(iii) Confirmation that at least 100 of the individuals who signed the nomination forms are eligible to vote for the candidate to serve as trustee; and

(iv) Such additional information as the Executive Director may require.

C. Only One Certified Candidate.

(1) If there is only one certified candidate from the Employees' Systems, the State Police Retirement System, or the Teachers' Systems the provisions of this section apply to the selection of the certified candidate to serve as trustee.

(2) The sole certified candidate shall:

(a) Be considered nominated to serve as trustee for the Employees' Systems, the State Police Retirement System, or the Teachers' Systems; and

(b) Serve as trustee for the 4-year term beginning on August 1 of the election year.

(3) The Executive Director shall:

(a) Discontinue the election process for the trustee for the applicable system or systems;

(b) Report the results to the Board of Trustees; and

(c) Proceed with an election for other trustees for the remaining system or systems with more than one certified candidate as provided in this chapter.

(4) On receipt of the Executive Director's report, the Board of Trustees shall:

(a) Certify the results;

(b) Direct the Executive Director to notify the sole certified candidate; and

(c) Publish the results of the election as provided in Regulation .10 of this chapter.

D. No Certified Candidate.

(1) If the Executive Director is not able to certify the name of one candidate from the Employees' Systems, the State Police Retirement System, or the Teachers' Systems to be placed on the ballot as a certified candidate, the provisions of this section apply.

(2) The Executive Director shall:

(a) Promptly prepare a new election schedule, or a partially modified election schedule, in substantial conformity with this chapter for approval by the Board of Trustees; and

(b) Proceed with an election for the trustee for the Employees' Systems, the State Police Retirement System, or the Teachers' Systems with more than one certified candidate as provided in this chapter.

(3) On approval of the revised election schedule by a majority of the Board of Trustees, the Executive Director shall conduct the election of a trustee or trustees in accordance with the revised schedule.

E. Campaign Materials and Contributions.

(1) A certified candidate’s campaign materials may not:

(a) Use the Retirement Agency logo or letterhead; or

(b) State or imply that the Board of Trustees, any member of the Board of Trustees, the Retirement Agency, or any employee of the Retirement Agency has endorsed the certified candidate.

(2) A certified candidate may not solicit or accept contributions, gifts, or donations in connection with the individual’s candidacy.

(3) Any certified candidate who violates this section is subject to disqualification by the Board of Trustees.

.07 Election.

A. Election Packets.

(1) Election packets shall include the following information:

(a) The names of each certified candidate, listed in alphabetical order by last name;

(b) The written statement of each certified candidate; and

(c) The procedures for voting.

(2) An election packet shall be distributed to each eligible voter not later than 20 days before the date the voting shall be completed.

(3) An eligible voter must cast a ballot on or before the close of business (4:30 p.m. eastern daylight time) on the date the Executive Director designates in the election schedule. A ballot received after the close of business (4:30 p.m. eastern daylight time) on the date designated shall be rejected.

B. Each eligible voter from:

(1) The Employees' Systems may vote for one trustee for the Employees' Systems;

(2) The State Police Retirement System may vote for one trustee for the State Police Retirement System; and

(3) The Teachers' Systems may vote for one trustee from the Teachers' Systems.

.08 Canvassing of Ballots.

A. The Executive Director or the Executive Director's designee shall supervise the canvassing of ballots.

B. The Executive Director or the Executive Director's designee shall determine if a ballot is valid or void. If the certified candidate designated by an eligible voter on the ballot cannot be determined, the ballot shall be void.

C. An eligible voter may only vote once, and for only one certified candidate. If an eligible voter submits more than one ballot or votes for more than one certified candidate, all of that eligible voter’s ballots shall be void.

D. The certified candidate receiving the highest number of votes shall win the election.

E. In the event of a tie, the Executive Director shall establish procedures for a run-off election, which are subject to approval by a majority of the Board of Trustees.

.09 Certification of Election Results by the Board of Trustees.

A. The Executive Director shall report the results of the election to the Board of Trustees at the next meeting of the Board of Trustees after canvassing of ballots is complete..

B. On receipt of the results, the Board of Trustees shall certify the results of the election and direct the Executive Director to notify the certified candidates.

.10 Publication of Election Results.

The results of the election shall be published in Retirement Agency newsletters and on the Retirement Agency’s website and social media sites.

.11 Challenges and Retention of Ballots.

A. Within 7 days after certification of the election results by the Board of Trustees, an unsuccessful certified candidate may petition the Executive Director in writing for a recount of the ballots.

B. The Executive Director shall retain ballots for at least 30 days following an election or until a duly filed challenge is finally decided, whichever occurs later.

.12 Vacancy of Trustee Position During Term.

A. If a trustee dies or resigns before the completion of the trustee's term, the Board of Trustees shall direct the Executive Director to conduct an election to select a successor trustee to serve for the balance of the trustee's term.

B. The election shall be conducted in substantial conformity with the procedures set forth in this chapter.

MARTIN M. NOVEN
Executive Director

 

Title 33
STATE BOARD OF ELECTIONS

Notice of Proposed Action

[22-138-P]

The State Board of Elections proposes to amend:

(1) Regulation .02 under COMAR 33.07.04 Order and Decorum; and

(2) Regulation .06 under COMAR 33.11.03 Issuance and Return.

This action was considered by the State Board of Elections at its June 23, 2022, 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) Allow for cellular telephones to be used by a voter to provide proof of residency or identification;

(2) Specify the deadline for a local board to notify a voter of an unsigned oath on an absentee ballot; and

(3) Specify the means by which a voter may provide a signature for an unsigned oath.

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:

These regulations allow a voter who did not sign the oath on their absentee ballot to submit a signature by email or mail, therefore potentially making it easier for a person with physical limitations to sign their ballot without having to return in person to the local elections office.

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 September 26, 2022. A public hearing has not been scheduled.

 

   Editor’s Note: The text of this document will not be printed here because it appeared as a Notice of Emergency Action in 49:17 Md. R. 788 (August 12, 2022), referenced as [22-138-E].

LINDA H. LAMONE
State Administrator of Elections

 

Subtitle 11 ABSENTEE BALLOTS

Notice of Proposed Action

[22-139-P]

The State Board of Elections proposes to amend:

(1) Regulation .04 under COMAR 33.11.05 Canvass of Ballots — Rejecting Ballots; and

(2) Regulation .04 under COMAR 33.16.06 Canvass of Ballots — Rejecting Ballots.

This action was considered by the State Board of Elections at its June 28, 2022, 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 procedures for when a local board receives an absentee ballot and provisional ballot from the same individual.

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 September 26, 2022. A public hearing has not been scheduled.

 

     Editor’s Note: The text of this document will not be printed here because it appeared as a Notice of Emergency Action in 49:17 Md. R. 788—789 (August 12, 2022), referenced as [22-139-E].

LINDA H. LAMONE
State Administrator of Elections

 

Subtitle 14 ADMINISTRATION OF PUBLIC FINANCING ACT

Notice of Proposed Action

[22-142-P]

The State Board of Elections proposes to:

(1) Amend Regulations .02—.04 under COMAR 33.14.01 Definitions, General Provisions;

(2) Amend Regulations .01—.12 and adopt new Regulation .13 under COMAR 33.14.02 Eligibility Requirements and Procedures;

(3) Amend Regulations .01, .02, .06, and .07 and repeal existing Regulation .03 under COMAR 33.14.03 Limitations on Campaign Expenditures and Prohibitions;

(4) Amend Regulations .04—.06 and repeal existing Regulation .03 under COMAR 33.14.04 Disbursement and Expenditure of Public Contributions; and

(5) Amend Regulations .01—.02 under COMAR 33.14.05 Outstanding Obligations.

This action was considered by the State Board of Elections at its April 27, 2022, 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) Eliminate terms no longer applicable and replaces outdated terms with new definitions;

(2) Require that the Comptroller provide monthly statements of the Fair Campaign Financing Fund;

(3) Repeal outdated requirements;

(4) Clarify the process to establish a public financing committee and the threshold requirements to be certified to receive public funds;

(5) Conform an uncontested gubernatorial election and unaffiliated and write-in candidates to the current requirements of the program;

(6) Codify the deadlines for submission of a certification request for a candidate in the Primary Election and for a candidate appearing only in a general election;

(7) Establish the filing periods for submission of a request to receive a public contribution and specify the necessary information and supporting documents to be included with the filed campaign finance report;

(8) Establish the process for withdrawal from public financing;

(9) Require that the State Board determine certification within 10 business days of the initial request;

(10) Codify that the first disbursement may not occur other than in the year of the election, and require the State Board process supplemental requests for public contribution within 5 business days;

(11) Require that the certified gubernatorial ticket committee file a final report 90 days after last appearing on the ballot and that any unspent portion of the public contribution be returned to the Fair Campaign Financing Fund;

(12) Clarify that certified gubernatorial ticket committee may receive an in-kind contribution or candidate contribution but will not be eligible for a public contribution match;

(13) Conform the new statutory requirements for an eligible private contribution and codify that past contributions to a candidate count towards the aggregate the candidate is eligible to receive;

(14) Establish the requirements to accept an electronic signature on a contribution card;

(15) Update the requirements for making an expenditure and require that every expenditure made on behalf of the gubernatorial ticket committee be supported with a receipt;

(16) Allow central committees to make coordinated in-kind contributions to publicly financed candidates and set limits and the source of the funding;

(17) Require that all campaign finance activity cease unless conducted through the public financing committee once a notice of intent has been filed and permit certain enumerated prior expenditures to be assumed by the public financing committee without penalty or payment;

(18) Require a gubernatorial ticket committee to maintain one bank account consistent with the rules and regulations for a political committee;

(19) Change the deadline to 45 days for the final payment for services rendered to the gubernatorial ticket committee;

(20) Require the payment of all outstanding obligations prior to the filing of the final report; and

(21) Allow a gubernatorial ticket committee to continue to fundraise in a new election cycle to satisfy any outstanding obligation it incurred during the election.

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 September 26, 2022. A public hearing has not been scheduled.

 

33.14.01 Definitions; General Provisions

Authority: Election Law Article, §§2-102(b)(4) and [15-109(b)] 15-111(b), Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Account Book” means the records and documents the treasurer is required to keep pursuant Election Law Article, §13-221, Annotated Code of Maryland on all assets received, expenditures made, and obligation incurred by or on behalf of the Gubernatorial ticket candidate committee.

(2) [(1)] "Candidate" means a Governor-Lieutenant Governor unit that establishes a Gubernatorial ticket candidate committee with the State Board; and:

(a)—(b) (text unchanged)

(3) “Certified gubernatorial ticket candidate committee” means a gubernatorial ticket candidate committee that has been certified by the State Board that it meets the qualifications under Election Law Article, §15-104, Annotated Code of Maryland, for receiving public contributions.

[(2)] (4)—[(3)] (5) (text unchanged)

[(4)] (6) “Eligible gubernatorial ticket” has the meaning stated in Election Law Article, [§15-102(c)] §15-102(d), Annotated Code of Maryland.

[(5)] (7) "Eligible private contribution" has the meaning stated in Election Law Article, [§15-102(c)] §15-102(e), Annotated Code of Maryland.

[(6)] (8) "Fund" has the meaning stated in Election Law Article, [§15-102(c)] §15-102(f), Annotated Code of Maryland.

(9) “Gubernatorial ticket” has the meaning stated in Election Law Article, §15-102(g), Annotated Code of Maryland.

[(7)] (10) “Gubernatorial ticket candidate committee” means a political committee that is a public financing campaign slate committee established and authorized by the gubernatorial ticket to receive private contributions;[, including a public contribution, and to] make expenditures[.]; incur outstanding obligations; and if certified by the State Board that it meets the qualifications under Election Law Article, §15-104, Annotated Code of Maryland, receive a public contribution.

[(8)] (11)— [(11)] (14) [text unchanged]

(15) “Private contribution” has the meaning stated in Election Law Article, §15-102 (h), Annotated Code of Maryland.

[(12)] (16) “Public contribution” has the meaning stated in Election Law Article, [§15-102(c)] §15-102(g), Annotated Code of Maryland.

[(13)] (17) [text unchanged]

[(14) "Seed money" has the meaning stated in Election Law Article, §15-102(h), Annotated Code of Maryland.

(15)] (18) "Treasurer" has the meaning stated in Election Law Article, [§§1-101 and 15-102(i)], §1-101, Annotated Code of Maryland.

.03 Agency Responsibilities—Comptroller.

The Comptroller shall:

A.—C. (text unchanged)

D. Submit to the State Board a statement of the balance in the Fund on the first Monday of each month [:

(1) On May 15 of each year, and

(2) When requested by the State Board];

E. When ordered by the State Board, promptly disburse any public contribution from the Fund; and

F. Make the disbursement required by §E of this regulation to a single campaign depository of [an eligible candidate] a certified gubernatorial ticket candidate committee, as provided in Election Law Article, [§13-202] §13-220(a), Annotated Code of Maryland[; and

G. Provide a final disbursement of any surplus in the Fund in accordance with the Public Financing Act.]

.04 Agency Responsibilities—State Board.

The State Board shall:

A. (text unchanged)

[B. Determine the limitation on campaign expenditures for candidates seeking a public contribution using the criteria specified in the Act;]

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

[E.] D. Order any disbursement to be made from the Fund; and

[F. As soon as practicable after a gubernatorial primary election, declare the candidates for Governor and Lieutenant Governor in the general election; and

G.] E. Promptly after the [gubernatorial primary or general election] filing of the final campaign finance report by the gubernatorial ticket candidate committee, audit all campaign finance reports, the account book, records and other documents submitted by [an eligible candidate] a certified gubernatorial ticket candidate committee [for that election].

 

33.14.02 Eligibility Requirements and Procedures

Authority: Election Law Article, §§2-102(b)(4) and [15-109(b)] 15-111(b), Annotated Code of Maryland

.01 In General.

To be eligible to receive a public contribution under the Public Financing Act, [a candidate] the candidates for the offices of Governor and Lieutenant Governor seeking to form a gubernatorial ticket shall:

A. [First, file a certificate of candidacy that meets the requirements of law, establish a gubernatorial ticket candidate committee, and file a notice of intent to qualify for public contributions;] Establish a gubernatorial ticket candidate committee and file a notice of intent to participate in public financing at the time of establishment;

B. File certificates of candidacy for the offices of Governor and Lieutenant Governor, respectively; and

[B.] C. [Then, file] Authorize the gubernatorial ticket candidate committee to file a campaign finance report with the State Board within the deadlines specified in this subtitle with a certification, signed by the [candidate’s] gubernatorial ticket candidate committee’s treasurer, that [the seed money required by the Act has been raised] the gubernatorial ticket candidate committee raised a minimum of $120,000 from at least 1,500 eligible private contributions.

.02 Special Circumstances.

A. [First Request for General Election. A candidate who did not receive a public contribution in the primary election, but who is a nominee in the general election, may become eligible for a public contribution in the general election if the:

(1) Candidate’s expenditures in the primary election did not exceed the limitations established by the Public Financing Act, if applicable;

(2) Candidate raised seed money in accordance with law; and

(3) Candidate meets all other eligibility requirements under Election Law Article, Annotated Code of Maryland, to be a candidate and receive a public contribution.] Qualification for the General Election. A gubernatorial ticket that qualifies for a public contribution remains eligible for public contributions for all elections in which the gubernatorial ticket appears on the ballot that election year.

B. Unopposed [Candidates] Gubernatorial Tickets.

[(1)] An eligible [candidate who] gubernatorial ticket that is unopposed in a primary election is entitled to receive a public contribution in the amount provided in the Act [as long as the:

(a) Candidate's expenditures in the primary election do not exceed the limitations established by the Public Financing Act; and

(b) Candidate otherwise meets the requirements of this subtitle within the applicable deadlines.

(2) A candidate who is unopposed in a general election may not receive a public contribution].

C. Unaffiliated [Candidates] Gubernatorial Tickets.

(1) (text unchanged)

(2) A [candidate who] gubernatorial ticket that is not affiliated with a political party is entitled to receive a public contribution if the [candidate] gubernatorial ticket[:

(a) Meets] meets the requirements of the Act and this subtitle[; and

(b) Raised seed money in accordance with law].

D. Write-In [Candidates]Gubernatorial Tickets. A write-in [candidate who has filed a certificate of candidacy] gubernatorial ticket that meets the requirements of law is entitled to receive a public contribution if the [candidate] gubernatorial ticket[:

(1) Meets] meets the requirements of the Act and this subtitle[; and

(2) Raised seed money in accordance with law].

.03 Deadline for Notice and Certification—Primary Election.

A.— B. (text unchanged)

C. [Seed Money Deadline. Private eligible contributions may not be used for seed money certification if received after the third Tuesday in May of the year of the election.] A request for certification pursuant to Election Law Article, § 15-107(a)(1), Annotated Code of Maryland, and an initial public contribution by a gubernatorial ticket candidate committee for a primary election shall be filed with the State Board no later than 11:59 p.m. on the first Tuesday following the first Monday in May in the year of the primary election with an ending transaction period of the first Monday in May for the corresponding campaign finance report.

.04 Deadline for Notice and Certification—General Election.

[A. In General.] For a [candidate] gubernatorial ticket participating only in a general election:

 [(1)] A. (text unchanged)

B. [(2) The certification that seed money has been raised] A request for certification and an initial public contribution by a gubernatorial ticket candidate committee for a general election shall be filed with the State Board no later than [5] 11:59 p.m. on the first [Monday] Tuesday following the first Monday in August in the year of the general election with an ending transaction period of the first Monday in August.

[B. Exceptions.

(1) A candidate need not file a notice of intent for the general election if the candidate qualified for and received public funds in the primary election.

(2) A candidate need not file a certification for the general election if the candidate filed a certification for the primary election.

C. Withdrawal.

(1) A candidate that qualified for and received public contributions in the primary election may decline to receive public funds for the general election

(2) A candidate declines to receive public funds for the general election by filing a written notice with the State Board not later than 5 days after the State Board certifies the gubernatorial primary election.]

.05 Requests for Public Contribution[—General].

A. Requests. To receive public contributions, an eligible [candidate] gubernatorial ticket shall file a request at the time of filing a campaign finance report with the State Board, as provided in this chapter.

B. Deadlines for Request.

(1) The request for a public contribution may be filed according to the campaign finance reporting schedule in Election Law Article, §13-309, Annotated Code of Maryland, for an authorized candidate campaign committee; and

(2) In addition to the requirements of §B(1) of this regulation, the request for a public contribution may also be filed at these additional time periods:

(a) The first and third Tuesdays in February, March, April, July, and September; and

(b) The first Tuesday in January, May, August, October, and November.

C. Contents of Request. Each request shall be made under penalty of perjury and include:

(1) The date of the preceding request, if any;

(2) The amount of public contribution received to date, if any;

(3) The transaction period covered for the request of public contributions;

(4) The total number of eligible private contributions received;

(5) The total amount of public contributions requested for the transaction period; and

(6) A campaign finance report for the transaction period detailing:

(a) All contributions received, including:

(i) Any in-kind contributions received; and

(ii) The designation of eligible private contributions;

(b) All expenditures made including any in-kind contributions received as an authorized expenditure;

(c) All outstanding obligations incurred;

(7) A contribution card for every contribution received; and

(8) A receipt associated with every expenditure made.

D. Fund Allocations.

(1) Distributions from the Fund will be made only after January 1 of the year of the election.

(2) Distributions will occur on a first-come, first-served basis and will continue in that manner.

(3) By the first Tuesday following the first Monday in May of the year of the election, the State Board shall determine whether there is sufficient money available to provide a full public contribution to all eligible gubernatorial tickets.

(4) If the State Board determines that there are, or may be, insufficient funds for a full public contribution to all eligible candidate, then at the time of its determination the State Board shall allocate the remaining available money in the Fund so that all gubernatorial tickets receive a pro rata share of the full contribution to which they would otherwise be entitled from that time forward.

.06 [Requests for Contribution—Primary Elections] Withdrawal from Public Financing.

[A. Deadlines for Request. For a primary election, the request shall be filed:

(1) According to the campaign finance reporting schedule in Election Law Article, §13-309, Annotated Code of Maryland, for an authorized candidate campaign committee; and

(2) For subsequent optional requests these additional time periods:

(a) The first and third Tuesdays in January, February, March, April, May, and June; and

(b) Not later than the second Tuesday after the primary, which will cover contributions received from the date of the candidate’s last request for public contribution through the primary election.

B. Contents of Request. Each request shall be under the penalty of perjury and include:

(1) The date of the preceding request, if any;

(2) The amount of public contribution received to date, if any;

(3) The transaction period covered for the request of public contributions;

(4) The total number of eligible private contributions received;

(5) The total amount of public contributions requested for the transaction period; and

(6) A campaign finance report for the transaction period detailing:

(a) All contributions received, including:

(i) Any in-kind contributions received by the political committee; and

(ii) Designating contributions eligible for a full or partial public fund match request;

(b) All expenditures made including any in-kind contributions received by the political committee as an authorized expenditure by the political committee; and

(c) All outstanding obligations incurred.

C. Fund Allocations.

(1) The State Board interprets the Act to require that a candidate file a certificate of candidacy before establishing a gubernatorial ticket candidate committee, filing a notice of intent to qualify or a request for public contribution

(2) The deadline for filing a certificate of candidacy is established by Election Law Article, §5-303(a)(1), Annotated Code of Maryland.

(3) The State Board does not interpret these provisions to mean that all eligible candidates must file a certificate of candidacy on or before the first date of distribution of public contributions. Rather, the State Board interprets the law to permit eligible candidates using the Fund in the primary election to file certificates of candidacy at any time up until the deadline established under the Election Law Article, §5-303, Annotated Code of Maryland.

(4) Pursuant to Election Law Article, §§15-103, 15-106, and 15-109, Annotated Code of Maryland, the State Board shall allocate the available money in the Fund so that all candidates receive a pro rata share of the full contribution to which they would otherwise be entitled [at the time candidates file their certificates of candidacy and request for public contribution.

(5) This interpretation may result in a later filed candidate receiving a lesser portion of public money if there is not sufficient money in the Fund to distribute a full contribution to all the candidates who ultimately filed a request under the Act.

(6) The deadline to submit a certification that seed money required by the Act has been raised for the primary election is the first Tuesday in June.]

An eligible gubernatorial ticket candidate committee may withdraw from receiving future public contributions if the gubernatorial ticket candidate committee:

A. Files a Notice of Withdrawal signed by the gubernatorial ticket revoking the Notice of Intent to Participate;

B. Repays the Fund the full amount of the public contribution received plus interest computed from the date of the first distribution; and

C. Files a final campaign finance report for the gubernatorial ticket candidate committee.

.07 [Requests for Contributions—General Elections] Candidate Contributions or Loans.

[For a general election, the request shall be filed with the State Board no later than 5 days after the State Board declares the candidates for Governor and Lieutenant Governor in the general election.]

A. Contributions by Candidate. A contribution by the candidate or the spouse of the candidate who is part of a gubernatorial ticket shall count towards the qualifying contributor and aggregate contribution thresholds pursuant to the Election Law Article §15-104(c), Annotated Code of Maryland.

B. Loan by Candidate. A loan by the candidate or the spouse of the candidate who is part of a gubernatorial ticket may not count towards the qualifying contributor and aggregate contribution thresholds pursuant to the Election Law Article §15-104(c), Annotated Code of Maryland.

.08.Determination of Eligibility.

The State Board shall determine whether a [candidate] gubernatorial ticket candidate committee is eligible to receive a public contribution [as follows:

A. For a primary election,] not later than [5] 10 business days after [receiving the candidate's] the filing of the gubernatorial ticket candidate committee’s initial request for public contribution[; and

B. For a general election, not later than 5 days after the State Board identifies the candidates for Governor and Lieutenant Governor].

.09.Distributions.

A. (text unchanged)

B. Qualification in January or earlier. If the State Board determines that a gubernatorial ticket candidate committee is eligible [in or] before January of the year of the election, the distribution of the initial public contribution shall occur [no later than February 1] on January 2 , or the first Monday of January if January 2 falls on a weekend, of the year of the election.

C. Continuing Distributions. Except as provided in §B of this regulation, [Within]within 5 business days of receiving a timely request from an eligible gubernatorial ticket candidate committee for a public contribution, the State Board shall authorize an additional distribution of a public contribution to that gubernatorial ticket candidate committee [on a continuing basis during the election].

.10 Post Election [Returns].

A. Reports. [Not later than the eighth Monday after a primary or general election, an] An eligible gubernatorial ticket that received any public contribution shall file a campaign finance report with the State Board on the first Wednesday after the 90th day after that gubernatorial ticket candidate last appeared on the ballot for the election for which the gubernatorial ticket received the public contribution that includes:

(1) [The aggregate amount of the public contribution that was received] Payment of any unspent portion of the public contribution to the Fund;

(2)— (4) (text unchanged)

B. Return of Excess.

(1) Except as provided in §C of this regulation, not later than the [eighth Monday] 90th day after [a primary or general election,] a [candidate who] gubernatorial ticket that received a public contribution last appeared on the ballot [for that election], the gubernatorial ticket candidate committee shall return to the [Comptroller] Fund any unspent portion of the public contribution.

(2) In determining whether surplus funds of a gubernatorial ticket candidate committee are unspent public contributions that must be returned, all private contributions raised shall be deemed to have been spent before any public contributions are deemed to have been spent, regardless of when any expenditure occurred.

C. Outstanding Obligations. If an outstanding obligation was incurred not later than [30] 45 days after the election for which [the obligation counted against the expenditure limit] the gubernatorial ticket appeared on the ballot and has not been paid, the eligible gubernatorial ticket candidate committee shall:

(1) (text unchanged)

(2) File campaign finance reports pursuant to Election Law Article, §13-309, Annotated Code of Maryland, for an authorized candidate campaign committee; [and]

(3) Return to the Fund any excess [funds raised] public contributions remaining after payment of [an] the outstanding obligation simultaneously with the filing of the final campaign finance report of the eligible gubernatorial ticket candidate committee[.]; and

(4) Only receive private contributions.

D. Late Fee Penalty. If an eligible gubernatorial ticket candidate committee fails to file the campaign finance report required under §A of this regulation, the State Board shall assess a late fee [of $10 for each day or part of a day that the campaign finance report is overdue, up to $500] in the same method and manner as prescribed by Election Law Article 13-331(b), Annotated Code of Maryland.

.11 [Seed Money] In-Kind Contributions and Candidate Contributions.

A. In-Kind Contributions [Allowed. An eligible candidate may include an in-kind contribution in the seed money required by the Act].

(1) A gubernatorial ticket candidate committee may receive an in-kind contribution from any individual.

(2) The in-kind contribution counts towards the individual’s private contribution limit pursuant to Election Law Article, §15-102(h), Annotated Code of Maryland.

(3) An in-kind contribution:

(a) May not be considered an eligible private contribution; and

(b) Is not subject to matching dollars from the Fund.

B. [Refund on Withdrawal. If an eligible candidate withdraws from a campaign, dies, or becomes disqualified, any surplus seed money shall be disposed of in accordance with Election Law Article, §13-247, Annotated Code of Maryland]Candidate Contributions. A contribution or loan by the candidate or the spouse of the candidate who is part of a gubernatorial ticket is not subject to matching dollars from the Fund.

 .12 Eligible Private Contributions.

A. Permissible Contributions. After filing a notice of intent, a gubernatorial ticket candidate committee may [use any contributions received by the authorized candidate campaign established under Election Law Article, Title 13, Annotated Code of Maryland, for the candidate if the contributions were received after March 1 of the year immediately preceding the year of the election] receive contributions of no more than $250 in an election cycle from an individual.

B. [Exemption. Notwithstanding §A of this regulation, a candidate shall include any contributions received by the authorized candidate campaign established under Election Law Article, Title 13, Annotated Code of Maryland, for the candidate after the candidate publicly declares to seek the office of Governor]. Prior Contributions Received. Contributions received before the gubernatorial ticket files a notice of intent count towards the aggregate contribution limit in §A of this regulation if the contribution was received in the election cycle in which the gubernatorial ticket will appear on the ballot.

C. Returned Contributions.

(1) Prior to filing a notice of intent, an authorized candidate campaign committee of a candidate may return contributions received within the election cycle to contributors on a pro-rata basis.

(2) A returned contribution to a contributor will lower the aggregate amount that the contributor gave to the gubernatorial ticket in the election cycle by the returned amount.

.13 Electronic Signatures.

A. Electronic Signatures. An individual may place an electronic signature on the contributor card.

B. Electronic Signatures—Process. An electronic signature:

 (1) Shall be affixed or entered directly by the signer onto an electronic copy of the contributor card; and

(2) May not be pre-populated or otherwise entered by the signer by way of a check box, radio button, drop-down list, or other similar device, but instead must be entered or affixed by the signer by making affirmative marks into an empty field.

C. Electronic Signatures—Restrictions. An individual may not sign a contribution card with an electronic signature unless that individual affirms that the contribution:

(1) Is being made from personal funds of the individual;

(2) Is not being reimbursed or is not intended to be reimbursed in any manner;

(3) Is not being made as a loan; and

(4) If applicable, in the case of a credit card contribution, is made from a personal credit card account of the individual that has no corporate or business affiliation.

 

33.14.03 Limitations on Campaign Expenditures and Prohibitions

Authority: Election Law Article, §§2-102(b)(4), [15-104.1, 15-107,and 15-109(b)] 15-106, 15-109, and 15-111(b), Annotated Code of Maryland

.01 In General.

[A candidate who accepts a public contribution may not expend, in the applicable election, any amount in excess of that permitted by the Public Financing Act, as determined by the State Board under COMAR 33.14.01.04B.]

A. In General. A gubernatorial ticket candidate committee shall make expenditures:

(1) In accordance with Election Law Article, §3–218, Annotated Code of Maryland;

(2) To further the gubernatorial ticket’s nomination or election;

(3) For expenses incurred not later than 45 days after the election that the gubernatorial ticket last appeared on the ballot; and

(4) For purposes that do not violate State law.

B. Receipt Required. Every expenditure made by the gubernatorial ticket candidate committee shall be accompanied by a receipt.

C. Failure to Have Receipt. An expenditure made by the gubernatorial ticket candidate committee without an accompanying receipt is considered an impermissible expenditure.

.02 Central Committees.

A. Expenditures [made on behalf of the candidate by a State or local central committee of a political party are not subject to the expenditure limitation imposed by the Act] by a State or local central committee of a political party coordinated with the gubernatorial ticket candidate committee are considered coordinated in-kind contributions.

B. [Expenditures by a State or local central committee of a political party coordinated with the candidate are in-kind contributions and subject to the limitations of Election Law Article, §13-226(c), Annotated Code of Maryland.] Coordinated In-Kind Contribution Limits.

(1) A State central committee may not make a coordinated in-kind contribution in excess of $150,000 per election to a gubernatorial ticket candidate committee in that election.

(2) A local central committee may not make a coordinated in-kind contribution in excess of $15,000 per election to a gubernatorial ticket candidate committee in that election.

(3) Any monies spent by a central committee on a coordinated in-kind contribution to a gubernatorial ticket candidate committee that has accepted a public contribution in an election must be raised from permissible sources for the gubernatorial ticket candidate committee within the reporting period for which the coordinated in-kind contribution was made.

.03 Political Committees. Reserved.

[For purposes of the expenditure limitation imposed by the Act, the State Board shall attribute to a candidate any expenditure by a political committee that is coordinated with:

A. The candidate;

B. An agent of the candidate; or

C. An authorized committee of the candidate.]

.06 In-Kind Contributions.

A. In General. [An eligible] A gubernatorial ticket candidate committee shall include in-kind contributions [in meeting the expenditure limitation imposed by the Act] received on a campaign finance report.

B. In-Kind Contribution. An in-kind contribution includes:

(1) A contribution given to a political committee in nonmonetary form, [for] such as services or property; or

(2) A coordinated expenditure made on behalf of the [candidate] gubernatorial ticket or gubernatorial ticket candidate committee, where [the] either candidate on the gubernatorial ticket or where any officer of the gubernatorial ticket candidate committee knows of and consents to the expenditure.

C. Value. [For the purposes of the expenditure limit, the] The value of an in-kind contribution is the fair market value of the item or service provided at the time of the contribution.

D. [Expenditure Limit. Except as provided in Regulation .02 of this chapter and §E of this regulation, services provided to the eligible gubernatorial ticket for free or at a reduced cost are an in-kind contribution and subject to the expenditure limit.

E.] Exemption — Volunteer Activities.

(1) (text unchanged)

(2) An individual is not a volunteer when a business entity or other person compensates the individual, directly or indirectly, for working on behalf of the gubernatorial ticket candidate committee.

.07 Prior Expenditures.

A. Prior Campaign Committee. After the filing of a notice of intent to participate, any [expenditures made from the date of a contribution that the gubernatorial ticket seeks to be considered as an eligible private contribution shall count against the expenditure limit imposed by the Act] authorized candidate campaign committee associated with the gubernatorial ticket members for whom the notice of intent was filed shall cease all campaign finance activities .

B. Prohibitions. Expenses incurred by a candidate’s authorized campaign committee prior to the filing of the notice of intent by that candidate are not allowable uses of public contributions.

C. Pre-Paid expenses. Except as provided in §D of this regulation, any goods, services, or campaign material paid for by a candidate’s authorized campaign committee prior to the filing of a notice of intent by that candidate may not be used in the election after the candidate files the notice of intent.

D. Allowable Transferable Services. A candidate’s authorized campaign committee may transfer, without any cost, the following to that candidate’s gubernatorial ticket candidate committee after the candidate signs a notice of intent:

(1) Website and social media accounts;

(2) Phones and associated numbers with the phones;

(3) The assumption of a lease for a campaign office; and

(4) Office furniture and equipment.

E. Reports. The authorized candidate campaign committee of a candidate who has filed a notice of intent and established a gubernatorial ticket campaign committees must continue to file campaign finance reports until a final campaign finance report is filed with the State Board.

F. Final Report. The authorized candidate campaign committee of a candidate who has filed a notice of intent and established a gubernatorial ticket campaign committee may not file a final campaign finance report until the gubernatorial ticket campaign committee files a final campaign finance report.

 

33.14.04 Disbursement and Expenditure of Public Contributions

Authority: Election Law Article, §§2-102(b)(4) and [15-109(b)] §15-111(b), Annotated Code of Maryland

.03 Supplemental Public Contributions. Reserved.

[A. Board to Determine. If an eligible candidate withdraws, becomes disqualified, or dies, the State Board shall determine whether there is money in the Fund for a supplementary public contribution.

B. Primary Elections. In a primary election, if the State Board determines that there is money in the Fund for a supplementary public contribution, the State Board shall allocate the supplementary public contribution among the remaining eligible candidates according to a formula based on:

(1) The eligible private contribution;

(2) Whether the eligible candidate is opposed in the primary election; and

(3) Any other relevant provision of law.

C. General Elections. In a general election, if the State Board determines that there is money in the Fund for a supplementary public contribution, the State Board shall allocate the supplementary public contribution equally among the remaining eligible candidates.

D. Notice and Order to Distribute. Whenever the State Board decides to make a supplementary public contribution, the State Board shall:

(1) Notify the eligible candidates who will receive a supplementary public contribution; and

(2) Order the Comptroller to disburse the supplementary public contribution.]

.04 Single Campaign Fund Required.

[An eligible candidate may expend a public contribution only from a single campaign fund account established by that candidate and that candidate's treasurer.]

A. Single Campaign Account. A gubernatorial ticket candidate committee shall designate only one campaign account.

B. Financial Institution. The designated campaign account shall be in a financial institution that does business within Maryland.

C. Receipt of Funds. All funds received by the gubernatorial ticket candidate committee shall be deposited into the designated campaign account.

D. Expenditures Made. All expenditures made by the gubernatorial ticket candidate committee shall be made from the designated campaign account.

.05 Prohibited Uses of Public Contribution.

An eligible gubernatorial ticket candidate committee may not expend a public contribution for:

A. (text unchanged)

B. Any expense incurred later than [30] 45 days after the election for which that [candidate] committee received a public contribution; or

C. Any real or personal property that will be retained more than [30] 45 days:

(1) After the primary election, by a gubernatorial ticket candidate committee [who] that has received a public contribution in the primary election and is not eligible to participate in the general election; or

(2) After the general election [by a candidate who has received a public contribution in:

(a) The general election, or

(b) Both the primary and the general election].

.06 Reports. Reserved.

[In any report required to be submitted to the State Board under the Public Financing Act or under Election Law Article, §13-304, Annotated Code of Maryland, an eligible candidate and the treasurer for the eligible candidate shall include, with respect to any expenditure of any part of a public contribution, the:

A. Date of the expenditure;

B. Name and address of the recipient of the expenditure;

C. Amount of the expenditure; and

D. Purpose of the expenditure].

 

33.14.05 Outstanding Obligations

Authority: Election Law Article §§2-102(b)(4) and [15-109(b)] §15-111(b), Annotated Code of Maryland

.01 Outstanding Obligations.

[For the purposes of the expenditure limitation imposed by the Act, any outstanding obligation incurred by the candidate or authorized political committee of the candidate shall be counted towards the candidate’s expenditure limitation at the time that the outstanding obligation was incurred] Any outstanding obligation incurred by the gubernatorial ticket candidate committee shall be paid before that committee files a final campaign finance report.

.02 [Post-Primary Election] Fundraising.

A. [Prohibition on General Election Funds. An outstanding obligation incurred during the primary election may not be paid with any public contribution funds for the general election.

B.] Eligibility to Fundraise. After the [primary] last election in which the gubernatorial ticket candidate committee is eligible to receive a public contribution has occurred, an eligible gubernatorial ticket candidate committee may solicit and receive private contributions [and transfers subject to Election Law Article, §§13-226 and 13-227, Annotated Code of Maryland,] for the purpose of eliminating an outstanding obligation incurred during the [primary] election[, provided that the contributor or transferor specifies that the funds are to be used exclusively for that purpose].

[C.]B. [Not Counted as Eligible Private Contributions. Any contributions received after the primary election are not eligible private contributions for purposes of qualifying for public contributions] Any invoice for services rendered or procured shall be submitted to the gubernatorial ticket candidate committee not later than 60 days after the election in which the gubernatorial ticket appeared on the ballot.

[D.] C. [Return of Excess. Any campaign funds raised expressly for the payment of an outstanding obligation that are in excess of the amount needed to pay off the debt shall be remitted to the Fund.] Any private contributions raised in the subsequent election cycle shall:

(1) Count towards the qualifying threshold for the subsequent gubernatorial election;

(2) Count towards the contribution limit of the individual for that election cycle; and

(3) Be eligible for payment to satisfy outstanding obligations from the prior election.

LINDA H. LAMONE
State Administrator of Elections

 

 

Subtitle 15 PRECINCTS, POLLING PLACES, AND FACILITIES

33.15.03 Polling Places

Authority: Criminal Procedure Article, §11-722; Election Law Article,
§§2-102(b)(4), [and] 2-202(b), and §10-101(c); Annotated Code of Maryland

Notice of Proposed Action

[22-155-P]

The State Board of Elections proposes to amend Regulations .03 and .04, repeal existing Regulation .07, and adopt a new Regulation .07 under COMAR 33.15.03 Polling Places. This action was considered by the State Board of Elections at its June 2, 2022, 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) Update the parameters for reassigning the polling place of a voter's spouse or helper or for a voter based on religious objections from a polling place with the same ballot style to a polling place with identical ballot content;

(2) Repeal duplicate regulations; and

(3) Establish the parameters for permitting a local board to use as a polling place a building or part of a building that is owned, occupied, or partially occupied by an establishment that holds an alcoholic beverages license.

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 September 26, 2022. A public hearing has not been scheduled.

.03 Reassignments — Spouse or Helper of Elderly Voter or Voter with a Disability.

A. (text unchanged)

B. Right to Reassignment. A voter's spouse or helper may be reassigned to the voter’s polling place if the spouse or helper is registered to vote in the same county as the voter, and the voter's polling place will have available a ballot with the same content as the spouse's or helper’s ballot [style].

C. (text unchanged)

D. Issuance of Ballot. Any ballot issued to a spouse or helper under this regulation shall [be identical to] have the same content as the ballot used in the polling place originally assigned to the spouse or helper.

.04 Reassignments — Religious Objections.

A. — B. (text unchanged)

C. Duties of Local Board. On receipt of the request, the local board shall either:

(1) Assign the voter to a polling place in the voter's county that does not conflict with the voter's bona fide religious beliefs and practices and has the same ballot [style] content as the ballot for the polling place originally assigned to the voter; or

(2) (text unchanged)

D. Issuance of Ballot. Any ballot issued to a voter under this regulation shall [be identical to] have the same content as the ballot used in the polling place originally assigned to the voter.

.07 Polling Place — Alcoholic Beverage License.

A. In General. A local board may use a building or part of a building that is owned, occupied, or partially occupied by an establishment that holds an alcoholic beverages license as a polling place.

B. Selection Factors. A local board shall:

(1) Prioritize the placement of polling locations in buildings that are not owned, occupied, or partially occupied by an establishment that holds an alcoholic beverages license prior to the selection of a building; and

(2) Make and approve a written agreement with the facility to ensure that:

(a) Public activities involving businesses and alcoholic sales do not interfere with voting activities; and

(b) Alcoholic beverages are not sold or consumed within the electioneering boundaries.

LINDA H. LAMONE
State Administrator of Elections

 

Title 36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

Subtitle 11 SPORTS WAGERING APPLICATION REVIEW COMMISSION

Notice of Proposed Action

[22-153-P]

The Sports Wagering Application Review Commission proposes to adopt under a new subtitle, Subtitle 11 Sports Wagering Application Review Commission:

(1) New Regulations .01 and .02 under a new chapter, COMAR 36.11.01 General Provisions; and

(2) New Regulations .01—.19 under a new chapter, COMAR 36.11.02 All Applicants and Awardees.

This action was considered at the Sports Wagering Application Review Commission open meeting held on July 13, 2022, notice of which was given pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to propose a new subtitle, COMAR 36.11, that explains the unique role of the Sports Wagering Application Review Commission (SWARC) in awarding competitive Class B-1 and Class B-2 sports wagering facility licenses, and all mobile sports wagering licenses. For only these licenses, SWARC’s license award process is a preliminary step in the required process by which the Maryland Lottery and Gaming Control Commission (MLGCC) issues all sports wagering licenses in the State.

All applicants for sports wagering licenses must apply to MLGCC, which investigates the applicant to ensure it meets “qualification” requirements, such as good character and financial stability, as provided in COMAR Title 36, Subtitle 10.

For Class B-1 and Class B-2 facilities and mobile license applicants, the next step is for SWARC to consider whether “qualified” applicants are “awarded” a license. The award decision is based on the particulars of the proposed business plan and operations, and specific legal and process requirements, which are enumerated in the Sports Wagering Law.

After SWARC “awards” a license, MLGCC “issues” the license based on successfully meeting requirements in COMAR Title 36, Subtitle 10.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. In general, the implementation of the proposed action will have a positive economic impact to the State, some sports wagering licensees, and some players, but the extent of the impact is indeterminable. Sports wagering revenue forecasts to the State range from $15 million to $25 million. These proposed regulations implement the requirements for awarding and issuing sports wagering licenses and may have a positive impact on a potential licensee's existing business and the sportsbooks over the long term, but the Sports Wagering Application Review Commission is unable to quantify an exact amount.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

Personnel Costs

(E+)

Minor

B. On other State agencies:

Business Registration

(R+)

Minimal

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

Potential Sports Wagering Licensees

NONE

Major

E. On other industries or trade groups:

Sports Wagering Assistance Fund

NONE

Minor

F. Direct and indirect effects on public:

Blueprint for Maryland’s Future Fund (BMFF)

(+)

Major

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

A. The Agency will incur costs to implement and regulate this new Sports Wagering Program. The Agency estimates that there is a need for 40 new positions as the Program rolls out. Staff is needed in the Agency’s Licensing, Compliance, Auditing, and Financial Sections to regulate up to potentially 107 sports wagering licensees.

B. With the implementation of sports wagering, more multinational corporations and foreign businesses may register to do business in the State.

D. Potential sports wagering licensees may need to hire additional staff to implement the necessary regulatory requirements of operating a sports book. These licensees will need to procure specialized systems for taking, monitoring, and transacting wagers. In addition, licensees will incur other costs for licensing, backgrounding, and providing the necessary business infrastructure. Fantasy Competition Operators will be submitting 15% of their proceeds from competitions to the BMFF. Similarly, sports wagering licensees will be submitting 15 percent of their proceeds from sports wagering to the BMFF. In addition, fees from sports wagering application fees and license renewal fees collected from potential sports wagering licensees will go to the BMFF.

E. Sports wagering application fees and license renewal fees collected from potential sports wagering licensees will go to the BMFF. In addition, 5 percent of the fees collected from each Class A–1 and A–2 sports wagering facility license will go to the new Small, Minority–Owned, and Women–Owned Business Sports Wagering Assistance Fund.

F. Maryland residents will have the ability to participate in sports wagering within the State rather than travel to neighboring jurisdictions. In addition, Sports Wagering licensees and Fantasy Competition Operators will be submitting 15 percent of their proceeds from sports wagering or competitions to the Commission for distribution to the BMFF

Economic Impact on Small Businesses

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

Although an exact impact is indeterminable at this time, there may be a positive benefit to small, minority and women-owned businesses entering into the sports wagering program either through minority equity ownership or MBE participation. The proposed action could have a meaningful impact for minority equity investors, as potential applicants for Class B Sports Wagering Facility licenses.

MBE participation for contractors and vendors that provide support to the sportsbook licensee and operator could also be meaningful. Once these small businesses become either licensed, certified, or registered with the Maryland Lottery and Gaming Control Commission, it provides them with the opportunity to offer their goods and services to other sport wagering facility licensees and operators and mobile sports wagering licensees.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be submitted in writing using one of the following methods: Submit using the online form available at https://swarc.org/regulations/, send an email to swarc@mlis.state.md.us, or mail to James B. Butler, Assistant Deputy Director, Chief of Staff, Maryland Lottery and Gaming Control Agency, 1800 Washington Blvd., Suite 330, Baltimore, MD 21230. Comments will be accepted through September 26, 2022. Comments must be received during the 30-day public comment period in order to be considered. Comments sent by mail must be received by September 26, 2022. Comments will not be accepted by telephone or facsimile. All comments will be published on https://swarc.org/regulations after the public comment has ended. A public meeting on these regulations will be held on Friday, September 9, 2022, at 11 a.m., in the Auditorium at the Montgomery Park Business Center, where the Maryland Lottery and Gaming Control Agency Headquarters is located, 1800 Washington Boulevard, Baltimore, MD 21230. For the most up-to-date information regarding the status of this public meeting, please go to https://swarc.org/regulations. If additional information is needed or if you require an accommodation in order to participate in the meeting, please contact James B. Butler, by telephone (410) 230-8781, by email jbutler@maryland.gov, or by fax to (410) 230-8727.

 

36.11.01 General Provisions

Authority: State Government Article, Title 9, Subtitles 1A and 1E, Annotated Code of Maryland

.01 Scope.

A. This subtitle applies to the Sports Wagering Application Review Commission (SWARC), and governs its evaluation of applications submitted to it for the award of competitive:

(1) Class B-1 and B-2 sports wagering facility licenses; and

(2) Mobile sports wagering licenses.

B. SWARC may not award a license unless the Commission has found the applicant qualified for a sports wagering license.

C. After SWARC awards a license, the Commission is responsible for all matters relating to the issuance of the license and regulation of sports wagering operations.

D. The requirements for a license award by SWARC in this subtitle are in addition to, and do not supplant, the requirements in State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, or COMAR 36.10.

.02 Definitions.

A. In addition to the terms defined in State Government Article, Title 9, Subtitles 1A and 1E, Annotated Code of Maryland, and COMAR 36.01, 36.03, 36.04, and 36.10, which have the same meanings in this subtitle, the terms in §C of this regulation have the meanings indicated.

B. If a term identified in §A of this regulation is defined differently in this subtitle, the definitions in this subtitle apply.

C. Terms Defined.

(1) “Applicant” means a person who, as required under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, submits to SWARC a SWARC application for a competitive license.

(2)“Award” or “license award” means the act of SWARC approving the SWARC application of an applicant that meets the requirements for licensure under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, for a competitive license, after which the Commission may issue the license that is necessary for the applicant to commence sports wagering operations.

(3) “Awardee” means a qualified applicant to which SWARC has awarded a license.

(4) “Commission” means the State Lottery and Gaming Control Commission and, unless context dictates otherwise, includes Commission staff.

(5) “Commission application” means the application an applicant submits to the Commission to be considered for:

(a) Qualification for a license to be awarded by SWARC; and

(b) After SWARC awards a license, issuance of a license.

(6) “Competitive license” means a sports wagering license that is not a sports wagering license described in State Government Article, §9-1E-15(f)(2), Annotated Code of Maryland, and is a:

(a) Class B-1 or B-2 sports wagering facility license; or

(b) Mobile sports wagering license.

(7) “eLicensing Portal” or “Portal” means the Commission’s electronic system by which gaming and sports wagering license applications are submitted to the Commission, and which:

(a) May be used by a prospective applicant, before submitting its SWARC application and nonrefundable SWARC application fee, to begin completing information and uploading documentation an applicant is required to submit to the Commission in addition to its SWARC application;

(b) Shall be used by an applicant to submit its Commission application; and

(c) May not be used to submit a SWARC application.

(8) “License” means a competitive license that SWARC awards to an applicant.

(9) “Person” has the meaning stated in State Government Article, §1-101, Annotated Code of Maryland.

(10) Personal Net Worth.

(a) “Personal net worth” means the net value of the assets held by an individual, including the individual’s share of assets held jointly or as community property with the individual’s spouse, after total liabilities are deducted.

(b) “Personal net worth” does not include:

(i) The individual’s ownership interest in the applicant;

(ii) The individual’s equity in the individual’s primary place of residence;

(iii) Any mortgage or loan secured by the individual’s primary place of residence as a liability; or

(iv) The cash value of any qualified retirement savings plans or individual retirement accounts.

(11) “Sports wagering law” means the law codified at State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, COMAR 36.10, and this subtitle, by which sports wagering is regulated in the State.

(12) “Submit” means to deliver any document requested by SWARC or the Commission to SWARC or the Commission, as applicable:

(a) To the address and in the manner specified by SWARC or the Commission that ensures its receipt by SWARC or the Commission, as applicable; and

(b) Which is considered delivered only upon actual receipt by SWARC or the Commission, as applicable.

(13) “SWARC”:

(a) Means the Sports Wagering Application Review Commission established by State Government Article, §9-1E-15, Annotated Code of Maryland; and

(b) Unless context dictates otherwise, includes staff to SWARC as provided in State Government Article, §9-1E-15, Annotated Code of Maryland.

(14) “SWARC application”:

(a) Means the forms, information, and documentation that an applicant is required to submit to SWARC to be considered for the award of a competitive license; and

(b) Does not mean any form, information, or documentation that a prospective applicant completes in, or uploads to, the eLicensing Portal.

(15) “SWARC application fee” means the nonrefundable application fee specified in State Government Article, §9-1E-06(b), Annotated Code of Maryland, that is:

(a) $250,000 for a Class B-1 facility license;

(b) $50,000 for a Class B-2 facility license; and

(c) $500,000 for a mobile license.

 

36.11.02 All Applicants and Awardees

Authority: State Government Article, Title 9, Subtitles 1A and 1E, Annotated Code of Maryland

.01 Scope.

A. All applicants shall comply with the requirements set forth in State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, and this subtitle, to establish, by clear and convincing evidence, their eligibility for a license award and that the award is in the public interest.

B. For the term of any initial and renewed license, an awardee:

(1) Shall comply with the contents of its SWARC application; and

(2) Shall bear the burden of proving, by clear and convincing evidence, its continued qualifications for a license award.

.02 General.

A. This chapter includes requirements for all SWARC applications for the award of a competitive license.

B. Unless SWARC has awarded an applicant a license:

(1) The Commission may not issue the applicant a license; and

(2) The applicant may not offer or conduct sports wagering, or engage in an activity for which a license is required.

.03 Separate Applications and Fees.

A. Each SWARC application submitted to SWARC shall be accompanied by payment of the applicable nonrefundable SWARC application fee, which shall be paid to the Commission as provided in Regulation .04A(2) of this chapter.

B. The nonrefundable SWARC application fee is separate and distinct from any administrative costs for background investigations that are required to be submitted to the Commission under COMAR 36.10.02.03 to determine an applicant’s qualification for a license.

C. Unless an applicant submits to the Commission the applicant’s written consent for the release of information from its Commission application to SWARC, SWARC may not review, receive, or consider information that an applicant submits to the Commission in its Commission application.

D. Upon request to SWARC, the Commission may receive, review, or consider information that an applicant submits to SWARC in its application that the Commission deems necessary for determining whether the applicant can prove, by clear and convincing evidence, its qualifications for a license.

E. During its term, SWARC shall retain, separate from the Commission’s records, any document the applicant submitted with its SWARC application.

F. At the conclusion of SWARC’s term, the Commission shall retain any document the applicant submitted with its SWARC application:

(1) For applicants not awarded a license, for a period of 5 years from the time SWARC decided not to award a license; and

(2) For applicants awarded a license, for a period of 5 years from the latest of:

(a) The expiration of the license;

(b) The revocation of the license; or

(c) The surrender of the license.

.04 Process for the Submission of Applications and Fees.

A. SWARC Applications and Fees. By the date and time and in the manner specified by SWARC in the SWARC application, an applicant shall submit:

(1) To SWARC, the SWARC application; and

(2) To the Commission by electronic funds transfer, the nonrefundable SWARC application fee for the concurrently submitted SWARC application.

B. Commission Applications and Fees. Separate from its SWARC application, within the period provided in §C(4)(a) of this regulation, an applicant shall comply with the requirements of COMAR 36.10.02 for the submission of its:

(1) Commission application through the eLicensing Portal; and

(2) Administrative costs for background investigations.

C. SWARC and Commission Review of Applications.

(1) SWARC and the Commission shall separately review the applications each receives.

(2) Within 5 calendar days of receipt of a timely SWARC application, SWARC staff shall submit to the Commission, by email, the name and other identifying information of the applicant.

(3) Within 5 calendar days of receipt of the information set forth in §C(2) of this regulation, the Commission staff shall notify SWARC by email if the applicant may be ineligible under Regulation .07 of this chapter.

(4) For each application submitted to SWARC:

(a) The applicant shall submit the required Commission application and the administrative costs for background investigation no later than 14 calendar days after the date the applicant submitted its SWARC application; and

(b) Within 5 days of the date specified in §C(4)(a) of this regulation, the Commission staff shall notify SWARC by email of any applicant that fails to timely submit its Commission application or the administrative costs for background investigation.

(5) SWARC shall reject and may not consider a SWARC application that it determines to be ineligible for an award under Regulation .07 of this chapter.

(6) SWARC staff shall notify the Commission by email of those applicants whom SWARC determines to be ineligible for award of a license and the basis for the determination.

(7) After the Commission has investigated the applicant and determined whether it is qualified to hold a license, the Commission shall notify SWARC by email of its determination.

(8) SWARC may not award a license to an applicant unless the Commission has determined that the applicant is qualified.

.05 Submission of Commission Application.

A. An applicant shall submit a Commission application only to the Commission through the eLicensing Portal.

B. Access to Portal.

(1) A prospective applicant may request access to the Commission’s eLicensing Portal before its SWARC application is submitted or due.

(2) Access to the Commission’s eLicensing Portal permits the prospective applicant to begin completing information and uploading documentation required for the applicant’s submission of a Commission application, so that the Commission may conduct an investigation to determine the applicant’s qualifications for a license.

(3) A prospective applicant’s use of the eLicensing Portal does not constitute the submission of its Commission application.

(4) If a Commission application is not submitted within 180 calendar days after it is started in the eLicensing Portal, information that a prospective applicant has provided, and any documents it uploaded to, the Commission’s eLicensing Portal:

(a) Expires and is automatically archived from the Portal; and

(b) Shall be again entered or uploaded through the Portal to be considered.

(5) The Commission may not begin to conduct an applicant’s background investigation, or consider its Commission application in any way, until the applicant submits:

(a) A completed Commission application; and

(b) The related administrative costs for background investigations.

C. The Commission may not conduct, or continue to conduct, an applicant’s background investigation, or determine the applicant’s qualifications, after SWARC notifies the Commission that the:

(1) SWARC application was determined to be ineligible for an award under Regulation .07 of this chapter; or

(2) Applicant has withdrawn its SWARC application.

D. The Commission shall refund to an applicant any unused portion of its background investigation costs:

(1) After SWARC notifies the Commission that the:

(a) SWARC application was determined to be ineligible for an award under Regulation .07 of this chapter; or

(b) Applicant has withdrawn its SWARC application;

(2) If, before the Commission issues the license, the applicant has surrendered its license award; or

(3) If, before the Commission determines the applicant’s qualifications, the applicant withdraws its Commission application.

.06 Submission of SWARC Application.

A. An applicant shall submit a SWARC application only to SWARC.

B. To be considered for the award of a license, an applicant shall:

(1) Complete the SWARC application as required in Regulation .08 of this chapter;

(2) Timely submit its completed SWARC application, which means ensuring that SWARC receives the application as specified in its application instructions:

(a) Through delivery by any means SWARC specifies;

(b) At the location SWARC specifies; and

(c) Before 5 p.m. on the date that SWARC specifies; and

(3) Timely submit the nonrefundable application fee as required under Regulation .04A(2) of this chapter as specified in SWARC’s application instructions.

C. SWARC may not accept or consider a SWARC application:

(1) That is not timely submitted; or

(2) For which the SWARC application fee was not timely submitted to the Commission as required under Regulation .04A(2) of this chapter.

.07 SWARC Application — Determination of Ineligibility.

Without conducting a hearing, SWARC shall determine that a SWARC application is ineligible for an award of a license if:

A. The completed SWARC application was not timely submitted to SWARC;

B. The nonrefundable SWARC application fee was not timely submitted to the Commission;

C. The applicant’s required Commission application or administrative costs for background investigation was not timely submitted to the Commission; or

D. The SWARC application seeks the award of a facility license to an applicant:

(1) Who is eligible to apply for a Class A-1 or A-2 sports wagering facility license under State Government Article, §9-1E-06(a)(1), Annotated Code of Maryland;

(2) Who holds a Class A-1 or A-2 sports wagering facility license; or

(3) Whose sports wagering facility will be located:

(a) Within a 15-mile radius of a Class A-1 or A-2 sports wagering facility located in Cecil County or Worcester County;

(b) For an application submitted before June 1, 2025, within a 15-mile radius of a Class B-1 or B-2 sports wagering facility located in Charles County;

(c) For an application submitted before June 1, 2025, within a 10-mile radius of a Class B-1 or B-2 sports wagering facility located in Carroll County;

(d) For an application submitted before June 1, 2025, within a 5-mile radius of a Class B-1 or B-2 sports wagering facility located in Frederick County; or

(e) Within a 1.5-mile radius of:

(i) A Class A-1 or A-2 sports wagering facility located in a county not described under §D(3)(a) of this regulation; or

(ii) Any other existing or operating Class B-1 or B-2 sports wagering facility.

.08 Requirements for a Completed SWARC Application.

A. An applicant shall ensure that its SWARC application is complete and timely when submitted.

B. A completed SWARC application shall:

(1) Be submitted in the form and format set forth in §D of this regulation;

(2) Contain all required information set forth in §E of this regulation;

(3) If applicable, contain the information pertaining to the applicant’s efforts to solicit and interview minority and women investors, as set forth in §F of this regulation;

(4) Be accompanied by all required documents as set forth in §§G and H of this regulation;

(5) Be executed by the applicant, or if the applicant is not an individual, the Chief Executive Officer or other authorized representative of the applicant; and

(6) Be signed and sworn to before a notary public.

C. Incomplete Applications. A SWARC application that, as determined by SWARC in its sole discretion, fails to comply with all or substantially all of the requirements of §B of this regulation:

(1) Shall be deemed incomplete; and

(2) May only be changed as provided in Regulation .09 or .10 of this chapter.

D. Form and Format. As specified in the SWARC application, an application submitted pursuant to §A of this regulation shall include:

(1) One paper original of the SWARC application;

(2) Ten paper copies of the original SWARC application;

(3) Two copies in an electronic format or other format as required by SWARC on a medium selected by SWARC; and

(4) Two paper copies, and one copy in electronic format, or other format required by SWARC, of the SWARC application that identifies, on each page, any information the applicant views as exempt from disclosure under General Provisions Article, §4-101 et seq., Annotated Code of Maryland, and a letter enumerating the specific grounds for any such exemptions.

E. Required Information. A completed SWARC application shall include documents that verify information about the applicant, including the:

(1) Applicant’s legal name, business address, and taxpayer identification number;

(2) Applicant’s good standing with the State Department of Assessments and Taxation;

(3) Date the applicant established the business that would conduct the applicant’s sports wagering business;

(4) Form of business organization that would conduct the applicant’s sports wagering business;

(5) Name under which the applicant intends to conduct sports wagering;

(6) Individual who is the primary contact for the applicant, including the contact individual’s:

(a) Name;

(b) Email address;

(c) Mailing address;

(d) Telephone number; and

(e) Title or basis of authority to represent applicant;

(7) Names and titles of principals;

(8) Number of employees and work locations of such employees who are currently employed by the applicant within Maryland and whether these employees are full-time or part-time employees;

(9) If applying for a competitive license that is a Class B-1 or Class B-2 facility license, the number of full-time equivalent employees employed by the applicant in Maryland as of the end of the most recent calendar quarter;

(a) Calculated by dividing the total hours worked during the calendar quarter (13 weeks) by 520 (13 weeks x 40 hours per week); and

(b) Rounded to the nearest whole number;

(10) Number, and proposed work locations, of individuals identified within Maryland expected to be employed by the applicant in its sports wagering business and whether these employees are to be full-time or part-time employees;

(11) For the business that would be licensed to conduct sports wagering, the business’s revenue, expenses, and profit for the 2 most recent tax reporting years;

(12) Sources of funding for:

(a) The SWARC application fee;

(b) The Commission’s administrative cost of background investigations;

(c) All construction or renovation costs;

(d) All startup costs; and

(e) Continuing operations during the initial 5 years after commencement of sports wagering operations;

(13) Capitalization table of the applicant identifying;

(a) Direct and indirect owners of the applicant;

(b) Amount invested;

(c) Type of equity owned;

(d) Percentage ownership of the applicant;

(e) Terms, conditions, and rights of the equity interests owned, including voting rights;

(f) Whether sports wagering would be conducted by the applicant; and

(g) If the applicant is applying for a:

(i) Facility license, its facility operator, if identified; or

(ii) A mobile license, its online sports wagering operator, if identified;

(14) Whether any person identified in the SWARC application has:

(a) Experience in the operation of sports wagering;

(b) Ever had a sports wagering or gaming-related license, or application for any such license, rejected or denied in any jurisdiction;

(c) In any jurisdiction, ever held a license related to sports wagering or gaming that was revoked, suspended, or surrendered; or

(d) In any jurisdiction in which it held a sports wagering or gaming-related license, within the past 3 years, ever been subject to any disciplinary matter, judgment, settlement, order, or decree pertaining to a violation of any state or federal statute, regulation, or rule that resulted in a fine, penalty, or payment of more than $5,000;

(15) Business plans for 5 years for the proposed sports wagering operations, including revenue estimates, for sports wagering and other business revenue, and all ongoing expenses, including:

(a) Pre-launch expenses, to include marketing campaigns;

(b) Projected capital investments and expenses for site improvements and equipment acquisitions at, or planned for, the location where the applicant would conduct sports wagering;

(c) Projected operating expenses;

(d) Other revenue-generating activities at, or planned for, the location where the applicant would conduct sports wagering;

(e) Projected balance sheet at the time of licensure;

(f) If applying for a facility license, facility floorplans designating age-controlled wagering areas, public areas, and nonpublic areas; and

(g) The applicant’s estimated timeline from award of a license to the acceptance of wagers; and

(16) Any other information SWARC may, in its discretion, request whether in the SWARC application or by written request to the applicant.

F. Requirements for Applicants Seeking Investors.

(1) As required by State Government Article, §9-1E-15(i), Annotated Code of Maryland, if an applicant sought investors, the applicant shall have made serious, good-faith efforts to solicit and interview a reasonable number of minority and women investors, and submit with its SWARC application a statement that lists the names and addresses of all minority and women investors interviewed and whether or not any of those investors have acquired an equity share in the applicant.

(2) Each applicant shall submit an acknowledgement that, if SWARC awards it a license, the awardee shall sign a memorandum of understanding with SWARC that requires the awardee to make serious, good–faith efforts to interview minority and women investors in any future attempts to raise venture capital or attract new investors to the entity awarded the license.

G. Required Documents. When submitted, a completed SWARC application shall include:

(1) A statement that the entire SWARC application has been sworn to before a notary public, as to the application’s truth and validity, by the applicant or, if the applicant is not an individual, by the Chief Executive Officer of the applicant or other authorized representative of the applicant;

(2) Certification and acknowledgment by the applicant that the:

(a) Business offering or conducting sports wagering shall comply with all applicable zoning requirements;

(b) Business offering or conducting sports wagering shall comply with all other applicable federal, State or local requirements; and

(c) Applicant recognizes that sports wagering is a competitive business and has an inherent risk of instability and unprofitability; and

(3) An affidavit of the applicant pursuant to which the applicant, for itself and its successor and assigns, expressly waives, releases, discharges, and forever holds harmless and agrees to indemnify SWARC, the State of Maryland, and their respective members, employees, agents, consultants, and representatives from all liability for any and all claims or legal action arising from or relating to any actions that SWARC or the State of Maryland may take related to the collection of information from the applicant and the use of that information in connection with evaluating the applicant for the award or issuance (or nonaward or nonissuance) of a sports wagering license.

H. Required Documentation for Sports Wagering Facility License Applicants.

In addition to the documentation in §§F and G of this regulation, if the applicant does not own the business location, a completed SWARC application for the award of a facility license shall be accompanied by:

(1) A lease, or other documentation, showing that the applicant lawfully possesses, or may possess, the property, and the term of the lawful possession; and

(2) A notarized acknowledgement by the person who owns or controls the property that:

(a) The premises may be used for a sports wagering facility without violating the lease or other term by which the applicant possesses the property; and

(b) If the applicant is issued a license, the property may be used as a sports wagering facility for at least the applicant’s initial 5-year license term.

.09 Required Submission of Additional Documents.

A. SWARC may request an applicant to submit additional documents to clarify the contents of its SWARC application so that SWARC may decide whether to award a license.

B. SWARC shall notify the applicant in writing that additional documents are required.

C. An applicant notified in accordance with §A of this regulation shall submit to SWARC the required documents no later than 14 calendar days after SWARC issues the notice.

D. Notice to Applicant.

(1) If SWARC notifies an applicant that additional documents are required pursuant to §A of this regulation and the applicant is unable to timely submit the required documents:

(a) Before the expiration of 14 calendar days from the date of SWARC’s notice, the applicant shall provide SWARC good cause as to why it is unable to timely provide the required documents; or

(b) After the expiration of 14 calendar days from the date of SWARC’s notice, the applicant shall provide SWARC good cause for its failure to:

(i) Provide the required documents; and

(ii) Respond to SWARC within 14 calendar days of SWARC’s notice.

(2) After receiving notification from the applicant pursuant to this section, SWARC may:

(a) Determine that good cause was shown and extend the deadline by which the applicant may submit the required documents; or

(b) Determine that good cause was not shown and decline to extend the deadline.

(3) SWARC shall make the determination required in §D(2) of this regulation within 7 calendar days of SWARC’s receipt of notification from the applicant.

E. SWARC may not award a license to an applicant that has failed to provide all required documents to SWARC in a timely manner.

.10 Limitation on Changing a SWARC Application — Changed Circumstance.

A. If any information submitted by an applicant as part of a SWARC application changes or becomes inaccurate before SWARC has awarded or denied a license sought by the submission of the SWARC application, the applicant shall immediately submit to SWARC written notification of the change or inaccuracy.

B. An applicant may not change a SWARC application after it has been submitted except:

(1) As provided in Regulations .09 or .11 of this chapter; or

(2) To address a change in the circumstances surrounding the SWARC application that was outside the control of the applicant and that affects the ability of the applicant to comply with the sports wagering law or this subtitle .

C. To request approval to change a SWARC application under §B(2) of this regulation, an applicant shall submit to SWARC a written request for its proposed change to the application that describes the:

(1) Change in the circumstances surrounding the application that would necessitate the change;

(2) Nature of the proposed change;

(3) Reason why the proposed change is necessary to bring the SWARC application into compliance with applicable law or regulations; and

(4) Law or regulation applicable to the proposed change.

D. SWARC shall grant or deny each request to change an application within 7 calendar days of receiving the request.

E. SWARC may grant the request if the applicant demonstrates, to the satisfaction of SWARC, that:

(1) The circumstances requiring the change are outside the control of the applicant;

(2) Before the change in the circumstances the applicant describes under §C of this regulation, the application complied with applicable law or regulation; and

(3) The change is necessary to bring the application into compliance with applicable law or regulation.

.11 Limitation on Changing a SWARC Application — Omission or Mistake.

A. SWARC may permit an applicant to change its SWARC application to remedy an omission or a mistaken failure to comply with an applicable law or regulation, if SWARC determines the failure to be inadvertent or nonsubstantive.

B. To request a change to a SWARC application under this regulation, an applicant shall submit to SWARC a written request for its proposed change to the application that describes:

(1) The omission or mistake was promptly reported to SWARC after its discovery;

(2) The nature of the proposed change;

(3) Why the proposed change is necessary to bring the application into compliance with applicable law or regulation; and

(4) The law or regulation applicable to the proposed change.

C. Within 7 calendar days of SWARC’s receipt of an applicant’s request to make a change as provided in §B of this regulation, SWARC shall:

(1) Grant the request;

(2) Deny the request and state the reason for the denial; or

(3) Request additional information.

.12 Withdrawal of Application.

A. Before SWARC has awarded or denied a license, an applicant may withdraw a SWARC application by submitting a written notice to SWARC.

B. An applicant that withdraws a SWARC application may not:

(1) Receive a refund of its SWARC application fee; or

(2) Have its SWARC application or any documents submitted to SWARC in support of the application returned.

.13 Evaluation of Applications.

In evaluating an application for the award of a license, SWARC will consider all information concerning the applicant, including information concerning its officers, principals, affiliates, online sports wagering operator, or other representatives, based upon the following criteria, in no particular order and with no particular weight assigned:

A. Experience, business ability, and track record that evidences the applicant’s, or the applicant’s identified sports wagering operator’s, ability to establish and operate a successful sports wagering operation;

B. Demonstrated ability to comply with applicable sports wagering laws and regulations, including regulatory compliance in other jurisdictions and past cooperation with regulatory authorities;

C. Demonstrated culture of and investments in responsible gaming programs, and an effective governance and compliance program;

D. Demonstrated financial stability, resources, integrity, and business ability and acumen and applicant’s ability to compete in the Maryland sports wagering market;

E. If an applicant sought investors, evidence of applicant’s serious, good-faith efforts to solicit and interview a reasonable number of minority and women investors and whether or not any of those investors have purchased an equity share in the applicant;

F. The maximization of sports wagering revenues, including projected proceeds to the State;

G. Ability to commence sports wagering operations within a reasonable period of time after the award of the license;

H. The extent to which the proposed sports wagering operation preserves existing Maryland jobs and creates new Maryland jobs;

I. The anticipated wages and benefits for new Maryland jobs that would be created;

J. Demonstrated willingness and commitment to make investments in Maryland;

K. For facility licenses:

(1) Whether the proposed facility is located within an opportunity zone or an enterprise zone;

(2) The extent to which the proposed facility encourages Maryland wagering participants to remain in the State when placing sports wagers; and

(3) The extent to which the proposed facility will attract out-of-State visitors;

L. Whether the applicant’s proposed sports wagering business would appeal to a unique market;

M. Responsiveness of the applicant to requests of SWARC and Commission;

N. Whether an award of the license is in the public interest and is consistent with the purposes of the sports wagering law; and

O. Any other criteria deemed by SWARC to be in the public interest and consistent with the sports wagering law.

.14 License Award Decision.

A. The Commission shall review all eligible applicants and notify SWARC by email of the applicants determined to be qualified.

B. SWARC may not award a license to an applicant that has not been found qualified by the Commission.

C. SWARC may not award a license unless it determines and declares in writing that award of the license to the applicant is in the public interest and is consistent with the purposes of State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland.

D. For each qualified applicant, SWARC shall make a license award determination in writing based on the requirements and criteria set forth in this chapter.

E. Promptly after making an award decision, SWARC shall provide written notification of its decision to the applicant and Commission.

F. If SWARC awards the applicant a license, SWARC’s notice of award to the successful applicant shall include notice that:

(1) The Commission shall evaluate and approve the awardee’s sports wagering operations before issuing a license to the applicant;

(2) The awardee may begin sports wagering operations only after it has been issued a license to do so by the Commission; and

(3) The awardee may not transfer the award to another person.

G. If SWARC denies an application, SWARC’s written notice to the unsuccessful applicant shall include the applicant’s right to seek, under State Finance and Procurement Article, Title 15, Annotated Code of Maryland, review by the Maryland State Board of Contract Appeals as provided in State Government Article, §9-1E-15(n), Annotated Code of Maryland.

H. SWARC shall notify the unsuccessful applicant, in writing, that:

(1) SWARC’s decision to deny an application is a final action of SWARC;

(2) The decision may be appealed to the Maryland State Board of Contract Appeals in accordance with COMAR 21.10.07.02;

(3) If appealed, the written notice of appeal to the Maryland State Board of Contract Appeals shall be filed within 10 days from the date the unsuccessful applicant receives SWARC’s written decision; and

(4) The written notice of appeal to the Appeals Board may be filed:

(a) Electronically, to efile.msbca@maryland.gov pursuant to https://msbca.maryland.gov/wp-content/uploads/sites/30/2021/06/Temporary-Filing-Procedures-June-28-2021.pdf; or

(b) By mail, to The Maryland State Board of Contract Appeals, 6 St. Paul Street, Suite 601, Baltimore, Maryland 21202.

I. Nothing in this subtitle may be construed to require SWARC to award any or all sports wagering licenses authorized under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland.

J. If SWARC does not award all available licenses, SWARC may, in its sole discretion, offer unawarded, available licenses through a subsequent competitive process as outlined in the sports wagering law.

.15 Surrender of License Award.

A. An awardee may surrender a license award by notifying SWARC in writing of its surrender.

B. Upon an awardee’s notification to SWARC of its surrender of the award, the awarded license is terminated, and the awardee may not:

(1) Receive a refund of its SWARC application fee; or

(2) Have its SWARC application or any documents submitted to SWARC in support of the application returned.

C. If an awardee surrenders a license award before the Commission issues the applicant’s license, SWARC may award the license to another applicant utilizing the criteria established in State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, and this subtitle.

.16 License Awards — Surrendered, Lapsed, or Revoked Licenses.

A. Before January 1, 2028:

(1) SWARC may award a surrendered, lapsed, or revoked sports wagering license to another applicant utilizing the criteria established in State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, and this subtitle; and

(2) The Commission may issue the license to the applicant in accordance with State Government Article, Title 9, Subtitles 1A and 1E, Annotated Code of Maryland, COMAR 36.10, and this subtitle.

B. On or after January 1, 2028, and if SWARC has been reconstituted pursuant to State Government Article, §9-1E-15(q)(2), Annotated Code of Maryland:

(1) SWARC may award a surrendered, lapsed, or revoked license to another applicant utilizing the criteria established in State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland; and

(2) The Commission may issue the license to the applicant in accordance with State Government Article, Title 9, Subtitles 1A and 1E, Annotated Code of Maryland, COMAR 36.10, and this subtitle.

.17 Continuing Obligations.

A. At all times, an applicant, awardee, and sports wagering licensee:

(1) Shall conform to all documents it submitted in support of its SWARC application and Commission application;

(2) Shall conform to the terms and conditions of its memorandum of understanding submitted to SWARC pursuant to State Government Article, §9-1E-15(i)(2), Annotated Code of Maryland; and

(3) May not discriminate against a person who in good faith informs SWARC of an act or omission that the person believes constitutes a violation of:

(a) State Government Article, Title 9, Subtitles 1E, Annotated Code of Maryland; or

(b) Regulations promulgated by SWARC or the Commission.

B. If information submitted to SWARC or the Commission by an applicant, awardee, or licensee changes, the applicant shall, within 5 calendar days of the date that the applicant, awardee, or licensee knew or should have known of the change, submit written notification of the change to SWARC or the Commission.

C. An applicant, awardee, or licensee has an affirmative and continuing obligation to:

(1) Inform SWARC and the Commission of an act or omission that the applicant, awardee, or licensee knows or should have known, constitutes a violation of State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland; and

(2) Provide SWARC and the Commission with all information relating to its license eligibility in any form that SWARC or the Commission may request.

D. If, before the Commission issues a license, SWARC becomes aware of an awardee’s failure to comply with an applicable law or regulation, SWARC may:

(1) Reverse its determination; and

(2) Deny the license award.

E. If SWARC reverses its determination to award a license pursuant to §D of this regulation, SWARC shall notify the former awardee in writing of its determination and the basis for the determination.

F. The notice of SWARC’s decision to reverse a license award shall include the notice of the former awardee’s appeal rights as set forth in Regulation .14H of this chapter.

.18 Burden of Proof.

At all times, the burden of proof shall be on the applicant, awardee, or licensee to establish, by clear and convincing evidence, that the applicant, awardee, or licensee meets requirements under State Government Article, Title 9, Subtitles 1A and 1E, Annotated Code of Maryland, COMAR 36.10, and this subtitle.

.19 Ownership Criteria.

A. SWARC may not award a license to an applicant that has not demonstrated direct or indirect ownership of not less than 5 percent by individuals with personal net worth of less than $1,847,000 each.

B. Owners of the applicant intended to satisfy this ownership criteria shall provide to the applicant a signed, notarized certification stating that the individual’s personal net worth is less than $1,847,000 and such certifications shall be submitted with the applicant’s SWARC application.

THOMAS M. BRANDT, JR.
Chairman
Sports Wagering Application Review Commission

 

Errata


COMAR 08.02.04.11

     At 49:15 Md. R. 743 (July 15, 2022), column 1, line 17 from the top:

     For:        (1) (text unchanged)

     Read:      (1) A person who catches oysters shall cull the oysters on the natural bar from which they were caught and return every shell to the bar.

[22-18-10]

 

 

Special Documents

 

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  This notice lists Approvals by Rule for projects by the Susquehanna River Basin Commission during the period set forth in DATES.

 

DATES:  June 1-30, 2022.

 

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

 

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

 

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

 

Water Source Approval – Issued Under 18 CFR 806.22(f):

Chesapeake Appalachia, L.L.C.; Pad ID:  Dunham; ABR-20100418.R2; Albany Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date:  June 6, 2022.

Chesapeake Appalachia, L.L.C.; Pad ID:  Hayward New; ABR-20100535.R2; Rome Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date:  June 6, 2022.

Chesapeake Appalachia, L.L.C.; Pad ID: Matt Will Farms; ABR-20100544.R2; Troy Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date:  June 6, 2022.

Seneca Resources Company, LLC; Pad ID: Breon 492; ABR-20100553.R2; Sullivan  Township, Tioga County, Pa.; Consumptive Use of Up to 4.00000 mgd; Approval Date:  June 20, 2022.

SWN Production Company, LLC; Pad ID: Marcucci_Jones Pad; ABR-201205017.R2; Stevens Township, Bradford County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: June 20, 2022.

 SWN Production Company, LLC; Pad ID: Humbert III Pad (RU-9); ABR-201205018.R2; New Milford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: June 20, 2022.

SWN Production Company, LLC; Pad ID: Scarlet Oaks Pad (RU-38); ABR-201205020.R2; New Milford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: June 20, 2022.

SWN Production Company, LLC; Pad ID: Moore Well Pad; ABR-201205021.R2; New Milford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: June 20, 2022.

SWN Production Company, LLC; Pad ID: Wheeler Well Pad; ABR-201205022.R2; Silver Lake Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: June 20, 2022.

 SWN Production Company, LLC; Pad ID: O’Reilly Well Pad; ABR-201205023.R2; Forest  Lake Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: June 20, 2022.

Repsol Oil & Gas USA,  LLC; Pad ID: FERGUSON (01 023) R; ABR-20100453.R2; Granville Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: June 20, 2022.

Coterra Energy Inc.; Pad ID: WarrinerS P1; ABR-201505003.R1; Bridgewater Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date:  June 20, 2022.

 Coterra Energy Inc.; Pad ID: Petty P1; ABR-20100550.R2; Dimock Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date:  June 20, 2022

EXCO Resources (PA), LLC; Pad ID: Taylor (Pad 33); ABR-20100611.R2; Burnside Township, Centre County, Pa.; Consumptive Use of Up to 8.0000 mgd; Approval Date: June 20, 2022.

Coterra Energy Inc.; Pad ID: Lauffler P1; ABR-20100608.R2; Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date:  June 20, 2022.

Coterra Energy Inc.; Pad ID: OakleyJ P1; ABR-20100603.R2; Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date:  June 20, 2022.

Coterra Energy Inc.; Pad ID: Post P1; ABR-20100605.R2; Brooklyn Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date:  June 20, 2022.

Coterra Energy Inc.; Pad ID: StockholmK P3; ABR-20100609.R2; Rush Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date:  June 20, 2022.

Seneca Resources Company,  LLC; Pad ID: Clark 486; ABR-20100429.R2; Sullivan Township, Tioga  County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 20, 2022.

Seneca Resources Company,  LLC; Pad ID: Young 431; ABR-20100561.R2; Shippen Township, Tioga  County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 20, 2022.

Chesapeake Appalachia, L.L.C.; Pad ID: Duane; ABR-20100601.R2; Leroy Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date:  June 20, 2022.

Seneca Resources Company,  LLC; Pad ID: Mitchell 456; ABR-20100615.R2; Jackson Township, Tioga  County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 28, 2022.

Seneca Resources Company,  LLC; Pad ID: Hege 436; ABR-20100622.R2; Delmar Township, Tioga  County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 28, 2022.

 Range Resources – Appalachia, LLC; Pad ID: Mohawk Lodge Unit; ABR-20100619.R2; Gallagher Township, Clinton County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 28, 2022.

Chesapeake Appalachia, L.L.C.; Pad ID: Cannella; ABR-20100637.R2; Auburn Township, Susquehanna  County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date:  June 28, 2022.

Seneca Resources Company, LLC; Pad ID: Valldes Pad C; ABR-20100620.R2; Covington Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date:  June 28, 2022.

Seneca Resources Company, LLC; Pad ID: Wivell Pad I; ABR-20100607.R2; Covington Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date:  June 28, 2022.

Seneca Resources Company, LLC.; Pad ID: COP Pad B; ABR-20100645.R2; Lawrence Township, Clearfield County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date:  June 28, 2022.

Repsol Oil & Gas USA, LLC; Pad ID: HARNISH (01 032) G; ABR-20100647.R2; Canton Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: June 28, 2022.

Coterra Energy Inc.; Pad ID: FergusonA P1; ABR-201506003.R1; Harford Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date:  June 28, 2022.

Seneca Resources Company, LLC; Pad ID: Erickson 423; ABR-20100618.R2; Delmar Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date:  June 29, 2022.

Chesapeake Appalachia, L.L.C.; Pad ID: Them; ABR-20100642.R2; Wysox Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: June 29, 2022.

Chesapeake Appalachia, L.L.C.; Pad ID: Linski; ABR-20100662.R2; Tuscarora Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: June  30, 2022.

Seneca Resources Company, LLC; Pad ID: Shelman 291; ABR-20100659.R2; Charleston Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date:  June 29, 2022.

Inflection Energy (PA), LLC; Pad ID: Eichenlaub B Pad; ABR-201206013.R2; Upper Fairfield Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 30, 2022.

Campbell Oil & Gas, Inc.; Pad ID:  Mid Penn Unit B Well Pad; ABR-201206017.R2; Bigler Township, Clearfield County, Pa.; Consumptive Use of Up to 2.0000 mgd; Approval Date: June 30, 2022.

Range Resources – Appalachia, LLC; Pad ID: Ogontz Fishing Club Unit #12H - #17H; ABR-20100648.R2; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date:  June 30, 2022.

 

AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.

 

DATED:  July 7, 2022.

JASON E. OYLER
General Counsel and Secretary to the Commission.

[22-18-08]

 

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Minor Modifications

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

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

 

DATES:  June 1-30, 2022

 

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

 

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

 

SUPPLEMENTARY INFORMATION:  This notice lists previously approved projects, receiving approval of minor modifications, described below, pursuant to 18 CFR § 806.18 or to Commission Resolution Nos. 2013-11 and 2015-06 for the time period specified above. 

Helix Ironwood, LLC, Docket No. 19980502-2, South Lebanon Township, Lebanon County, Pa.; modification approval to change the consumptive use mitigation method; Approval Date:  June 29, 2022. 

Ri-Corp. Development, Inc. – Gilberton Power Company, Docket Nos. 20161220 and 20220622, Gilberton Borough and West Mahanoy Township, Schuylkill County, Pa.; modification approval to change the consumptive use mitigation method and correction to include registered legal company name; Approval Date:  June 30, 2022. 

 

AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.

 

DATED:  July 7, 2022.

JASON E. OYLER
General Counsel and Secretary to the Commission.

[22-18-07]

 

SUSQUEHANNA RIVER BASIN COMMISSION

Grandfathering (GF) Registration Notice

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  This notice lists Grandfathering Registration for projects by the Susquehanna River Basin Commission during the period set forth in DATES.

 

DATES:  June 1-30, 2022.

 

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

 

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

 

SUPPLEMENTARY INFORMATION:  This notice lists GF Registration for projects, described below, pursuant to 18 CFR Part 806, Subpart E, for the time period specified above:

Lebanon Valley College, GF Certificate No. GF-202206217, Annville and North Annville Townships, Lebanon County, Pa.; Football Well, Baseball Well, and West (Soccer) Well; Issue Date:  June 16, 2022.

Beavertown Municipal Authority – Public Water Supply System, GF Certificate No. GF-202206218, Beaver Township, Snyder County, Pa.; Well 3; Issue Date:  June 30, 2022.

Cooper Township Municipal Authority – Public Water Supply System, GF Certificate No. GF-202206219, Rush Township, Centre County, Pa.; Black Bear Run; Issue Date:  June 30, 2022.

Municipal Authority of the Borough of Shenandoah – Public Water Supply System, GF Certificate No. GF-202206220, Union and West Mahanoy Townships, Schuylkill County, Pa.; Raven Run Reservoir No. 2; Issue Date:  June 30, 2022.

Standard Steel, LLC – Standard Steel, GF Certificate No. GF-202206221, Burnham Borough, Mifflin County, Pa.; Creighton Run, Kishacoquillas Creek, and consumptive use; Issue Date:  June 30, 2022.

 

AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.

 

DATED:  July 7, 2022.

JASON E. OYLER
General Counsel and Secretary to the Commission

[22-18-06]

 

MARYLAND HEALTH CARE COMMISSION

CRITERIA FOR STATE RECOGNITION OF AN ELECTRONIC ADVANCE DIRECTIVES SERVICE

For Public Comment

 

State law (2016 Chapter 510 and 2017 Chapter 667) required the Maryland Health Care Commission (MHCC) to develop a State Recognition Program for electronic advance directives services (vendors). The law aims to facilitate use of cloud-based technology to support creation of and accessibility to electronic advance directives. State Recognition demonstrates a vendor meets certain criteria or standards for privacy and security, independent audits, education, reporting, and technical provisions, some of which are required by State and federal law. During the 2022 session of the Maryland General Assembly, Chapter 312 (Senate Bill 824), Health – Accessibility of Electronic Advance Care Planning Documents, repealed the requirement that vendors implement a certain electronic authorization guideline (NIST[1] Special Publication 800–63–2: Electronic Authentication Guideline or subsequent replacement publications to 800-63) to connect to the State Designated Health Information Exchange.

The MHCC seeks public comment on the draft vendor criteria for State Recognition (Version 2.0 – July 2022).[2]  The criteria exclude the NIST requirement to align with the law and include other miscellaneous changes; material changes are in bold. Public comments will be accepted until 4:30pm on October 24, 2022. Comments should be submitted via email to Justine Springer at justine.springer@maryland.gov, or via mail to:

Maryland Health Care Commission

ATTN: Justine Springer

4160 Patterson Avenue

Baltimore, MD 21215

 

Criteria for State Recognition

 

State Recognition of an electronic advance directives service (or “Vendor”) is a component of a statewide Advance Directives Program required by law[3] that aims to facilitate use of cloud-based technology to support creation of and accessibility to electronic advance directives. State Recognition is a prerequisite for a Vendor to connect to the State-Designated Health Information Exchange (HIE).

A. Policies and Procedures

Each Vendor shall demonstrate policies for the following:

1. Method for assigning each declarant or health care agent (or “consumer”) a unique username and password.

2. Procedural and technical controls (e.g., authorization and authentication) for the exchange of health information with an HIE.

3. Appropriate administrative, physical, and technical safeguards that, at a minimum, meet the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH), and meet State-specific requirements, including notice of privacy practices to consumers.

4. Assessment of a potential breach and responding to a breach, including investigation processes, remedial action plans, notifications to consumers and MHCC (and others as required by State or federal law), and suspension or termination of access and notifications.

5. Methods for uploading a paper-based advance directive and for creating an electronic advance directive, including version control protocols for multiple advance directives; sharing and deletion of advance directives; and identification of the types of individuals/entities that can obtain access to information in the Vendor’s advance directives database/repository.

6. Transfer of electronic advance directives if the Vendor is sold or goes out of business; and provision of notification to consumers, within a reasonable cure period so that consumers may make alternative arrangements for securing their data (Note:  Vendor must agree to escrow any data for Maryland residents for a specified time period upon request by MHCC).

7. Communication with end-users of the technology (e.g., consumers, health care providers, etc.), including methods, frequency, and anticipated reason for communications.

8. Identification of circumstances, if any, under which mailing lists/contact information can be shared or sold.

9. Disaster recovery, business continuity, and cybersecurity.

B. Independent Audits

Each Vendor and subcontractor(s) that maintains and supports the technical infrastructure on behalf of the Vendor shall annually demonstrate evidence of adequate systems and privacy and security controls by providing appropriate documentation from an independent third-party.

1. Evidence may include the most recent documentation summarizing the status of compliance with recognized security practices, including a Service Organization Control (SOC) 2 Type 2 attestation, or accreditation or certification by a nationally recognized entity.

C. Technical

Each Vendor shall demonstrate it meets or exceeds the following criteria: 

Note:  Items with an asterisk (*) are required by law.

1. Offers a secure, web-based application to create, update, and store electronic advance directives consistent with the Health Level-7, Consolidated Clinical Document Architecture Personal Advance Care Plan document standard.

2. Allows consumers to download advance directives into a printable document or electronically transfer to another system or third party.

3. Accepts video recordings for electronic advance directives, allowing a declarant to express health care wishes and appoint a personal health care agent.*[4]

4. Stores paper-based advance directives received by facsimile or other electronic means*[5] and makes the paper-based advance directives as easily retrievable as electronic advance directives created via the vendor’s website.

5. Collects consumer demographics consistent with key data elements required by the State-Designated HIE Master Patient Index to assist in appropriately matching patients.

6. Allows consumers to delete their electronic advance directives.

7. Tracks information on when and by whom an advance directive was created, updated, accessed, or deleted.

8. Makes available only completed and signed electronic advance directives to appropriately authorized individuals (e.g., health care agent or proxy, health care providers, etc.) and the State-Designated HIE.

9. Uses at least 12-point font consistent with U.S. Department of Health & Human Services Usability Guidelines.

D. Reporting

Each Vendor shall attest that it can and will provide the following reports:

1. At least quarterly, report the number of unique advance directives for Maryland residents in a manner specified by MHCC.

2. Report each instance of a breach involving Maryland residents and steps for remediation as provided in COMAR 10.25.18.08.

3. Produce ad hoc reports at the request of the Commission.

E. Education Content

Each Vendor shall provide documentation of consumer notifications and educational materials for the following that minimally discloses costs, scope of services, warranties, and privacy of security practices:

1. Fees associated with the electronic advance directives service.

2. Amount(s) and effective date(s) for any change(s) in fees.

3. Integration with the State-Designated HIE and any other third party, noting that only complete advance directives will be accessible to authorized users.

4. Actions that can be taken if State Recognition is not renewed, suspended, or revoked.

5. Information on how personal information is protected, how the information may be used and with whom it may be shared with, when and how notice is provided if personal information is compromised, and steps to take in the event of a breach.

F.

Connectivity with the State-Designated HIE

Each Vendor shall demonstrate its ability to comply with the following technical requirements:

1. Establishment and maintenance of application programming interfaces (APIs) that are consistent with current specifications from the State-Designated HIE that will permit a third party to determine if an advance directive exists and to retrieve structured or non-structured information contained in the advance directive.

2. Adherence to current protocols including AES (Advanced Encryption Standards) and TLS (Transport Layer Security) for the protection of data at rest and in transit.

[22-18-05]

 

 

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.

 

COMMISSION ON CRIMINAL SENTENCING POLICY

Subject: Public Meeting

Date and Time: September 13, 2022, 5:30 — 7:30 p.m.

Place: Maryland Judicial Center, 187 Harry S. Truman Pkwy., Annapolis, MD

Contact: David Soule (301) 403-4165

[22-18-01]

 

BOARD OF DIETETIC PRACTICE

Subject: Public Meeting

Date and Time: September 15, 2022, 10 a.m. — 12 p.m.

Place: Via Google Meet — please see Board’s website for details.

Contact: Lenelle Cooper (410) 764-4733

[22-18-04]

 

STATE ADVISORY COUNCIL ON QUALITY CARE AT THE END OF LIFE

Subject: Public Meeting

Date and Time: September 19, 2022, 9 — 11 a.m.

Place: Via video conference — please see details below.

Add’l. Info: Join Zoom Meeting:

     https://us06web.zoom.us/j/4500205348?pwd=RS9jakMwaVJpT1NWNU83ZEhzK2ZEUT09

     Meeting ID: 450 020 5348

     Passcode: SaG9.19.22

     One tap mobile:

     +13017158592, 4500205348# *9011114415# US (Washington DC)

     +13092053325, 4500205348# *9011114415# US

     Dial by your location:

     +1 301 715 8592 US (Washington DC)

     Meeting ID: 450 020 5348

     Passcode: 9011114415

     To join with Google Meet:

     Meeting Link: meet.google.com/zsm-zajw-ods

     Join by phone: (US) +1 575-459-0171

     PIN: 452461816

     The public is welcome to attend the meeting via video conference.

Contact: Paul Ballard (410) 767-6918

[22-18-09]

 

RADIO CONTROL BOARD/RCB SYSTEM MANAGERS COMMITTEE

Subject: Public Meeting

Date and Time: September 1, 2022, 1 — 3 p.m.

Place: 100 Community Pl., 1st Fl., Conf. Rm. B, Crownsville, MD

Contact: Cindy Cole (410) 697-9639

[22-18-13]

 

RADIO CONTROL BOARD/RCB SYSTEM USERS COMMITTEE

Subject: Public Meeting

Date and Time: September 1, 2022, 3 — 4 p.m.

Place: 100 Community Pl., 1st Fl., Conf. Rm. B, Crownsville, MD

Contact:  Cindy Cole (410) 697-9639

[22-18-14]

 

WORKERS’ COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: September 8, 2022, 9:30  — 11 a.m.

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

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

Contact: Amy S. Lackington (410) 864-5300

[22-18-02]

 

GOVERNOR’S WORKFORCE DEVELOPMENT BOARD

Subject: Public Meeting

Date and Time: September 7, 2022, 3:30 — 5:30 p.m.

Place: Via Google Meet — please see details below.

Add’l. Info: Joining information:

Link: meet.google.com/vkz-bbcp-kat

Phone: 1-319-895-2177

PIN: 552 866 609#

Contact: Darla Henson (410) 767-2408

[22-18-03]

 



[1] NIST is the acronym for the National Institute of Standards and Technology, a non-regulatory government agency.

[2] Current vendor criteria for State Recognition (Version 1.0 – April 2018) is available here: mhcc.maryland.gov/mhcc/pages/hit/hit_advancedirectives/documents/AD_Criteria_20180423.pdf.

[3] 2016 Chapter 510; 2017 Chapter 667; and 2022 Chapter 312.

[4] See Maryland Code Annotated, Health-General Article § 5-602(c)(3) (Supp. 2022).

[5] See Maryland Code Annotated, Health-General Article § 19-144(b)(3) (Supp. 2017).