Capitol Building Maryland Register

Issue Date:  September 9, 2022

Volume 49 •  Issue 19  • Pages 861 — 902

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before August 22, 2022 5 p.m.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 22, 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 .....................................................................  864

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  865

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

01        Executive Department .......................................................  869

03        Comptroller of the Treasury ..............................................  867

09        Maryland Department of Labor .........................................  867

10        Maryland Department of Health ................................  868, 870

11        Department of Transportation ............................................  878

14        Independent Agencies .......................................................  885

18        Department of Assessments and Taxation ........................  891

30        Maryland Institute for Emergency Medical Services
Systems (MIEMSS) .......................................................  896

31        Maryland Insurance Administration ..................................  868

 

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

03  COMPTROLLER OF THE TREASURY

MISCELLANEOUS REVENUE

Abandoned Property Regulations .  867

09  MARYLAND DEPARTMENT OF LABOR

RACING COMMISSION

Thoroughbred Rules .  867

Harness Racing .  867

Harness Racing .  867

10  MARYLAND DEPARTMENT OF HEALTH

PROCEDURES

Income Tax Credits for Preceptors in Areas with Health Care
   Workforce Shortages .  868

31 MARYLAND INSURANCE ADMINISTRATION

ASSETS, LIABILITIES, RESERVES, AND INVESTMENTS
   OF INSURERS

Credit for Reinsurance .  868

 

Proposed Action on Regulations

01  EXECUTIVE DEPARTMENT

SECRETARY OF STATE

Notary Public: General Regulations .  869

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Applied Behavior Analysis Services .  870

Therapeutic Behavioral Services .  874

MARYLAND HEALTH CARE COMMISSION

Benchmarks for Preauthorization of Health Care
   Services .  876

11  DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION—VEHICLE
   INSPECTIONS

Vehicle Emissions Inspection Program ..  878

14  INDEPENDENT AGENCIES

COMMISSION ON CRIMINAL SENTENCING POLICY

General Regulations .  885

Criminal Offenses and Seriousness Categories .  885

INTERAGENCY COMMISSION ON SCHOOL
   CONSTRUCTION

Public School Facilities Educational Sufficiency
   Standards .  887

18  DEPARTMENT OF ASSESSMENTS AND TAXATION

PERSONAL PROPERTY ASSESSMENTS

Filings .  891

Small Businesses .  892

BUSINESS ORGANIZATIONS

Name Availability .  892

Revival or Reinstatement of Entity Charters or Authority
   to Do Business .  893

Transfers of Real Property .  893

Acceptance of Documents .  893

Expedited Filing Service .  894

Administration of Trade Names .  895

TAX PAYMENTS

Tax Payments—Immediately Available Funds .......................  895

30  MARYLAND INSTITUTE FOR EMERGENCY
   MEDICAL SERVICES SYSTEMS (MIEMSS)

GENERAL

Documents Incorporated by Reference ....................................  896

 

Errata

COMAR 33.11.03 .  897

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Commission Meeting .  898

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 22-WQC-0017 .  898

MARYLAND HEALTH CARE COMMISSION

AVERAGE ANNUAL BED OCCUPANCY RATE
   AND AVERAGE ANNUAL NUMBER OF LICENSED
   NURSING HOME BEDS BY JURISDICTION AND
   REGION: MARYLAND, FISCAL YEARS
   2018—2020
....................................................................  899

REQUIRED MARYLAND MEDICAL ASSISTANCE
   PARTICIPATION RATES FOR NURSING HOMES
   BY REGION AND JURISDICTION: FISCAL
   YEAR 2020
....................................................................  900

 

General Notices

COMPTROLLER OF THE TREASURY

Public Meeting .  901

GOVERNOR’S GRANTS OFFICE

Public Meeting .  901

DEPARTMENT OF INFORMATION TECHNOLOGY

Public Meeting .  901

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .  901

MARYLAND HEALTH CARE COMMISSION

Receipt of Application .  901

WORKERS’ COMPENSATION COMMISSION

Public Meeting .  901

 

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 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.

 

01 EXECUTIVE DEPARTMENT

 

01.02.08.01—.20 • 49:19 Md. R. 869 (9-9-22)

 

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)

                      49:18 Md. R. 855 (8-26-22) (err)

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)

09.12.60.01—.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

 

     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)

10.09.28.01—.06 • 49:19 Md. R. 870 (9-9-22)

10.09.34.01—.04,.06 • 49:19 Md. R. 874 (9-9-22)

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)

 

10.25.17.01—.05 • 49:19 Md. R. 876 (9-9-22)

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)

11.14.08.01—.20 • 49:19 Md. R. 879 (9-9-22)

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)

14.22.01.02,.07,.09 • 49:19 Md. R. 885 (9-9-22)

14.22.02.02 • 49:19 Md. R. 885 (9-9-22)

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

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

14.39.07.01—.17 • 49:19 Md. R. 887 (9-9-22)

 

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)

18.03.02.01 • 49:19 Md. R. 891 (9-9-22)

18.03.06.02 • 49:19 Md. R. 892 (9-9-22)

18.04.02.04 • 49:19 Md. R. 892 (9-9-22)

18.04.05.02 • 49:19 Md. R. 893 (9-9-22)

18.04.06.01 • 49:19 Md. R. 893 (9-9-22)

18.04.07.02 • 49:19 Md. R. 893 (9-9-22)

18.04.08.02,.03,.06,.07 • 49:19 Md. R. 894 (9-9-22)

18.04.10.05 • 49:19 Md. R. 895 (9-9-22)

18.11.01.01—.05 • 49:19 Md. R. 895 (9-9-22)

 

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)

 

30.01.02.01 • 49:19 Md. R. 896 (9-9-22) (ibr)

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)

31.10.49.01 • 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 03
COMPTROLLER OF THE TREASURY

Subtitle 05 MISCELLANEOUS REVENUE

03.05.01 Abandoned Property Regulations

Authority: Commercial Law Article, §17-103, Annotated Code of Maryland

Notice of Final Action

[22-114-F]

On August 30, 2022, the Comptroller of the Treasury adopted amendments to Regulations .01 and .02 under COMAR 03.05.01 Abandoned Property Regulations. This action, which was proposed for adoption in 49:15 Md. R. 741—742 (July 15, 2022), has been adopted as proposed.

Effective Date: September 19, 2022.

PETER FRANCHOT
Comptroller

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 10 RACING COMMISSION

09.10.01 Thoroughbred Rules

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Final Action

[22-096-F]

On August 18, 2022, the Maryland Racing Commission adopted amendments to Regulations .84 and .88 under COMAR 09.10.01 Thoroughbred Rules. This action, which was proposed for adoption in 49:11 Md. R. 614—615 (May 20, 2022), has been adopted as proposed.

Effective Date: September 19, 2022.

MICHAEL J. ALGEO
Chairman

 

Subtitle 10 RACING COMMISSION

09.10.02 Harness Racing

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Final Action

[22-095-F]

On August 18, 2022, the Maryland Racing Commission adopted amendments to Regulations .08 and .25 under COMAR 09.10.02 Harness Racing. This action, which was proposed for adoption in 49:11 Md. R. 615 (May 20, 2022), has been adopted as proposed.

Effective Date: September 19, 2022.

MICHAEL J. ALGEO
Chairman

 

Subtitle 10 RACING COMMISSION

09.10.02 Harness Racing

Authority: Business Regulation Article, 11-210, Annotated Code of Maryland

Notice of Final Action

[22-109-F]

On August 18, 2022, the Maryland Racing Commission adopted amendments to Regulation .33 under COMAR 09.10.02 Harness Racing. This action, which was proposed for adoption in 49:13 Md. R. 690 (June 17, 2022), has been adopted as proposed.

Effective Date: September 19, 2022.

MICHAEL J. ALGEO
Chairman

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 01 PROCEDURES

10.01.01 Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages

Authority: Health-General Article, §§10-738 and 10-739, Annotated Code of Maryland

Notice of Final Action

[22-055-F]

On August 29, 2022, the Secretary of Health adopted amendments to Regulations .01—.03, .06, and .07, new Regulation .08, the recodification of existing Regulation .08 to be Regulation .09, and amendments to and the recodification of existing Regulations .09—.11 to be Regulations .10—.12, respectively, under COMAR 10.01.01 Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages. This action, which was proposed for adoption in 49:5 Md. R. 372—374 (February 25, 2022), has been adopted as proposed.

Effective Date: September 19, 2022.

DENNIS R. SCHRADER
Secretary of Health

 

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 05 ASSETS, LIABILITIES, RESERVES, AND INVESTMENTS OF INSURERS

31.05.08 Credit for Reinsurance

Authority: Insurance Article, §§1-101(jj), 2-109, 2-205, 2-209, and 5-901—
5-917, Annotated Code of Maryland

Notice of Final Action

[22-112-F]

On August 19, 2022, the Insurance Commissioner adopted amendments to Regulation .02 and new Regulation .29 under COMAR 31.05.08 Credit for Reinsurance. This action, which was proposed for adoption in 49:14 Md. R. 714—717 (July 1, 2022), has been adopted as proposed.

Effective Date: October 1, 2022.

KATHLEEN A. BIRRANE
Insurance Commissioner

 

Proposed Action on Regulations

 


Title 01
EXECUTIVE DEPARTMENT

Subtitle 02 SECRETARY OF STATE

01.02.08 Notary Public: General Regulations

Authority: State Government Article, §§18-103, 18-107, and 18-222, Annotated Code of Maryland

Notice of Proposed Action

[22-173-P]

     The Secretary of State proposes to amend Regulations .01, .02, .07, and .11 under COMAR 01.02.08 Notary Public: General Regulations.

Statement of Purpose

The purpose of this action is to increase the fee notaries public may charge for the performance of notarial acts and remote notarial acts as recently authorized by the enactment of Ch. 715, Acts of 2022, and to propose certain notaries public who perform remote notarial acts on tangible records must file a form with the Secretary of State acknowledging certain obligations with regard to the identification of the remotely located individual who requests a remote notarization for a tangible record. The proposed action is to increase the fee from $4 to $6 for the performance of a notarial act and from $4 to $25 for the performance of a remote notarial act. The proposed action requires certain notaries public to inform the Secretary of State in writing of their intention to perform remote notarial acts on tangible records. The proposed action also amends existing regulations to address a notary public’s obligations as to remote notarial acts on tangible records using communication technology not provided by a remote online notary vendor. Finally, the proposed action is to require notaries public who intend to perform remote notarial acts on tangible records to acknowledge on a form provided by the Secretary of State that the notary public must have personal knowledge under State Government Article, §18–206(a), Annotated Code of Maryland, of the identity of the remotely located individual or have satisfactory evidence of the identity of the remotely located individual by verification on oath or affirmation from a credible witness appearing before and identified by the notary public under State Government Article, §18–206(b), Annotated Code of Maryland, or as a remotely located individual under COMAR 01.02.08.07A.

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 a meaningful economic impact on small business. An analysis of this economic impact follows.

Many small businesses provide notary public services. These regulatory changes allow notaries public to increase the fee for their services. Fees for notarial services have not increased since 2014.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michael Schlein, Division Administrator, Office of the Secretary of State, Charities and Legal Services Division, 16 Francis Street, Annapolis, MD 21401, or call 410-260-3863, or email to michael.schlein@maryland.gov, or fax to 410-974-5527. Comments will be accepted through October 11, 2022. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(9) (text unchanged)

(10) “Remote online notary vendor” is a company that provides communication technology primarily used to facilitate a notarial act for a remotely located individual and the technology offered by the vendor includes identity proofing and credential analysis that the notary public may use when required by law to identify a remotely located individual.

(11)—(12) (text unchanged)

.02 Charges and Fees.

A notary public may demand and receive a fee of no more than [$4] the following for the performance of an original notarial act [or remote notarial act.]:

(1) $6 for the performance of a notarial act; or

(2) $25 for the performance of a remote notarial act.

B. When a notary public is requested to notarize more than one copy of the same record, where the copy or copies have been signed at the same time by the same person or persons, the notary may demand and receive [$2] $6 for notarizing each signature on the original or first copy of the record, and may demand and receive [$1] $3 for each signature on each additional copy of the same record.

C. When a notary public is requested to make reproductions of a notarized record or an entry in the notary’s journal by photocopying or other means, the notary may demand and receive not more than [$1] $2 for each copy furnished.

D. (text unchanged)

E. A notary public may charge [$2] $6 for certifying a copy of a record in the notary’s journal.

.07 Obligations of Notaries Public Who Perform Remote Notarial Acts.

A. To perform remote notarial acts, a Maryland notary public shall be a currently commissioned Maryland notary public in good standing and shall:

(1) (text unchanged)

(2) If the notary public intends to perform remote notarial acts using a remote online notary vendor:

(a) Identify the authorized remote online notary vendor or vendors they intend to use to perform such remote notarial acts;

(b) Notify the Office of the Secretary of State in writing within 10 business days after making a change to a new remote online notary vendor, if the notary public changes vendors; and

(c) If the notary public reasonably believes a remote online notary vendor previously selected does not allow the notary public to meet requirements set forth in State Government Article, Title 18, Subtitle 2, Annotated Code of Maryland, and any applicable regulations, the notary public shall promptly notify the Office of the Secretary of State in writing.

(3) If the notary public intends to perform remote notarial acts without identifying remotely located individuals through identity proofing and credential analysis the notary public shall submit a form used by the Office of the Secretary of State for this purpose and acknowledge that the notary public must have personal knowledge under State Government Article, §18–206(a), Annotated Code of Maryland of the identity of the remotely located individual or have satisfactory evidence of the identity of the remotely located individual by verification on oath or affirmation from a credible witness appearing before and identified by the notary public under State Government Article, §18–206(b), Annotated Code of Maryland or as a remotely located individual under this section.

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

[(5)] (6) Charge no more than the allowed fee for [an original notarial act] a notarial act under State Government Article, §18–214, Annotated Code of Maryland, as set forth in Regulation [.02] .02F of this chapter; and

[(6)] (7) Create and retain an audio-visual recording of each performance of a remote notarial act for a minimum of 10 years.[; and].

[(7) Notify the Office of the Secretary of State in writing within 10 business days after making a change to a new remote online notary vendor, if the notary public changes vendors.]

[B. If the notary public reasonably believes a remote online notary vendor previously selected does not allow the notary public to meet requirements set forth in State Government Article, Title 18, Subtitle 2, Annotated Code of Maryland, and any applicable regulations, the notary public shall promptly notify the Office of the Secretary of State in writing.]

[C.] B.—[G.] F. (text unchanged)

.11 Enforcement Actions.

A.—B. (text unchanged)

C. Acts or omissions that may constitute a failure to discharge any duty required of a notary public, whether imposed by any federal or State law or regulation adopted by the Secretary of State, include but are not limited to:

(1)—(4) (text unchanged)

(5) Performing a remote notarial act before notifying the Secretary of State as required by Regulation [.07A(1)] .07A(1)—(3) of this chapter and State Government Article, §18-214(e), Annotated Code of Maryland.

D. (text unchanged)

JOHN C. WOBENSMITH
Secretary of State

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.28 Applied Behavior Analysis Services

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

Notice of Proposed Action

[22-158-P]

     The Secretary of Health proposes to amend Regulations .01—.06 under COMAR 10.09.28 Applied Behavior Analysis Services.

Statement of Purpose

The purpose of this action is to:

(1) Update definitions, provider qualifications, conditions for participation, participant eligibility, and covered services to reflect current industry terminology and practice;

(2) Alter requirements for parental/caregiver participation in the provision of ABA services;

(3) Add a statement requiring consent of ABA services by the participant or participant’s parent or guardian;

(4) Preserve rates in effect for the first and second half of FY 2021; and

(5) Effectuate a 3.5 percent rate increase for ABA services effective January 1, 2021, in accordance with the FY 2021 State budget and the Governor’s directive and a 5.4 percent rate increase for ABA services effective November 1, 2021, in accordance with the American Rescue Act that occurred during FY 2022.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The Fiscal Year (FY) 2022 budget continued rates for Applied Behavioral Analysis (ABA) providers at current levels from July 1, 2021, through October 31, 2021. Additionally, the ABA providers received a one-time 5.4 percent rate increase through the American Rescue Plan Act (ARPA) effective November 1, 2021. The total impact of this change for FY 2022 is $1,702,005.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$1,702,005

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$1,702,005

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. and D. This amount assumes:

(1) ABA utilization will continue at current levels.

(2) In accordance with the ARPA, Medicaid implemented a 5.4 percent rate increase effective November, 1 2021. As such, FY 2022 expenditures reflect a rate increase in November 2021.

(3) For dates of service July 1, 2021, through October 31, 2021, Medicaid held rates at current levels due to a prior mid-year 3.5 percent rate increase effective January 1, 2021. The total impact for this period is $35,338. This amount is subject to a 58.8 percent federal match ($14,559 general funds, $20,779 federal funds).

(4) Effective November 1, 2021, ABA providers received a 5.4 percent rate increase. For the period November 1, 2021, through June 30, 2022, the total impact is $1,666,667. This amount is subject to a 62.9 percent federal match ($618,333 general funds, $1,048,333 federal funds).

(5) The total impact, $1,702,005, represents the combined impact of these actions.

Economic Impact on Small Businesses

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

The proposed action effectuates a 5.4 percent rate increase effective November 1, 2021. To the extent that ABA providers qualify as small businesses, they will benefit from increased reimbursement during FY 2022.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through October 11, 2022. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(2) "ABA program" means an association, partnership, corporation, or unincorporated group that includes:

(a) A licensed psychologist[, a licensed BCBA-D, or a licensed BCBA] or an LBA; and

(b) (text unchanged)

(3) (text unchanged)

(4) "Behavior Analyst Certification Board (BACB)" means the Board accredited by the National Commission for Certifying Agencies that credentials and certifies [a BCBA-D, BCBA,] an LBA or BCaBA, or registers an RBT.

(5) "Board certified assistant behavior analyst (BCaBA)" means a paraprofessional who:

(a) Delivers ABA treatments that are provided to participants with ASD under the supervision of:

(i) A licensed psychologist; or

(ii) [A licensed BCBA-D; or] An LBA; and

[(iii) A licensed BCBA; and]

(b) (text unchanged)

(6)—(8) (text unchanged)

(9) “Comprehensive diagnostic evaluation" means [a direct observation of the participant and interviews with the participant’s parent or caregiver] an assessment performed by a qualified health care professional with the help of validated instruments[.], which includes:

(a) A direct observation of the participant;

(b) Interviews with the participant’s parent or caregiver;

(c) Documentation of developmental history, psychosocial history, and current functioning across major domains of development; and

(d) A confirmed diagnosis of Autism Spectrum Disorder (ASD).

(10)—(12) (text unchanged)

(13) “Direction of a technician” means the in-person monitoring of a BCaBA or an RBT, performed by a licensed psychologist[, a licensed BCBA-D, or a licensed BCBA] or an LBA.

(14)—(19) (text unchanged)

(20) “Licensed behavior analyst (LBA)” means a licensed professional who is certified by the Behavior Analyst Certification Board (BACB) to be a:

(a) BCBA; or

(b) BCBA-D.

[(20)] (21)[(31)] (32) (text unchanged)

[(32)] (33) "Registered behavior technician (RBT)" means a paraprofessional who delivers ABA services that are provided to participants with ASD under the supervision of:

(a) A licensed psychologist; or

(b) [A licensed BCBA-D; or] An LBA.

[(c) A licensed BCBA.]

[(33)] (34) “Remote access technology” means the use of HIPAA compliant technological methods to provide auditory and visual connection between a licensed psychologist[, a licensed BCBA-D, or a licensed BCBA,] or an LBA, who is not directly present, and a BCaBA or an RBT when services are being provided at the participant’s home.

[(34)] (35) “Remote direction of a technician” means the monitoring of a BCaBA or an RBT, who is physically with the participant, performed via synchronous two-way audio-visual remote access technology by a licensed psychologist[, a licensed BCBA-D, or a licensed BCBA] or an LBA.

[(35)] (36) (text unchanged)

.02 Provider Qualifications and Conditions for Participation.

A. [A provider shall meet all conditions for participation as set forth in COMAR 10.09.36.03.] To participate in the Program, a provider shall:

(1) Meet all conditions for participation as set forth in COMAR 10.09.36; and

(2) If delivering services via telehealth, comply with COMAR 10.09.49 and any subregulatory

guidance issued by the Department.

B.—G. (text unchanged)

H. A BCaBA provider who renders ABA services shall:

(1) (text unchanged)

(2) Work under the direction of:

(a) A licensed psychologist; or

(b) [A licensed BCBA-D; or] An LBA; and

[(c) A licensed BCBA; and]

(3) (text unchanged)

I. An RBT provider who renders ABA services shall:

(1) (text unchanged)

(2) Be currently registered by the BACB [or become registered by the BACB not later than December 31, 2018];

(3) (text unchanged)

(4) Work under the direction of:

(a) A licensed psychologist; or

(b) [A licensed BCBA-D; or] An LBA; and

[(c) A licensed BCBA; and]

(5) (text unchanged)

.03 Participant Eligibility.

A. (text unchanged)

B. To qualify for ABA services, a participant shall:

(1)—(2) (text unchanged)

(3) Be diagnosed with an ASD by a qualified health care professional [and referred for ABA services];

(4)—(6) (text unchanged)

(7) [Have a prescription for ABA services ordered by a qualified] Be referred for ABA services by a licensed health care professional; and

(8) Have a completed ABA treatment plan that shall:

(a)—(b) (text unchanged)

(c) Be developed by:

(i) A licensed psychologist; or

(ii) [A licensed BCBA-D; or] An LBA;

[(iii) A licensed BCBA;]

(d)—(i) (text unchanged)

.04 Covered Services.

A. The Program covers the ABA services set forth in §B of this regulation when the services are:

(1) (text unchanged)

(2) Preauthorized by the Program or its designee; [and]

(3) Delivered in accordance with the participant’s treatment plan[.]; and

(4) Supported by documentation of consent to treatment from the participant or the participant’s parent or guardian.

B. The Program covers the following ABA services:

(1) An ABA assessment, which is a behavior identification assessment that:

(a) Is administered in person with a participant and the participant’s parent or caregiver by:

(i) A licensed psychologist; or

(ii) [A licensed BCBA-D; or] An LBA;

[(iii) A licensed BCBA;]

(b)—(c) (text unchanged)

(2) A behavior identification supporting assessment which is a follow-up assessment that is administered:

(a) (text unchanged)

(b) Under the direction of a licensed psychologist[, a licensed BCBA-D, or a licensed BCBA] or an LBA;

(3) An exposure behavior identification supporting assessment which is a follow-up assessment that:

(a) (text unchanged)

(b) Is administered in person by a [a] licensed psychologist[, a licensed BCBA-D, or a licensed BCBA,] or an LBA with the assistance of two or more BCaBAs or RBTs;

(c)—(d) (text unchanged)

(4) An adaptive behavior treatment with protocol modification which is an in-person service that:

(a) (text unchanged)

(b) Is administered in-person by a licensed psychologist[, a licensed BCBA-D, or a licensed BCBA,] or an LBA with the assistance of two or more BCaBAs or RBTs;

(c)—(d) (text unchanged)

(5) Group adaptive behavior treatment by protocol which is an in-person service provided to a group of two or more participants by:

(a) A licensed psychologist[, a licensed BCBA-D, a licensed BCBA; or];

(b) An LBA; or

[(b)] (c) A BCaBA or an RBT under the direction of a licensed psychologist[, a licensed BCBA-D or a licensed BCBA,] or an LBA utilizing a behavioral intervention protocol designed in advance by the psychologist[, the BCBA-D or the BCBA,] or an LBA who may or may not provide in-person direction of a technician during the treatment;

(6) Multiple-family group adaptive behavior treatment guidance that:

(a) Is provided in person or remotely with parents or caregivers of multiple participants without the presence of the participants by:

(i) A licensed psychologist; or

(ii) [A licensed BCBA-D; or] An LBA;

[(iii) A licensed BCBA;]

(b)—(c) (text unchanged)

(7) Family adaptive behavior treatment guidance which:

(a) Is provided in person or remotely with a participant’s parent or caregiver, with or without the presence of the participant by:

(i) (text unchanged)

(ii) [A licensed BCBA-D;] An LBA; or

(iii) [A licensed BCBA] A BCaBA;

[(iv) A BCaBA;]

(b)—(c) (text unchanged)

(8) A behavior identification reassessment which is a follow-up assessment that:

(a) Is performed in person with a participant and a participant’s parent or caregiver every 180 days by:

(i) A licensed psychologist; or

(ii) [A licensed BCBA-D; or] An LBA;

[(iii) A licensed BCBA;]

(b)—(d) (text unchanged)

(9) Group adaptive behavior treatment with protocol modification which is a service that is:

(a) Provided in person to multiple participants by:

(i) A licensed psychologist; or

(ii) [A licensed BCBA-D; or] An LBA;

[(iii) A licensed BCBA;]

(b)—(c) (text unchanged)

(10) Adaptive behavior treatment direction of a technician which is the clinical direction and oversight of a BCaBA or an RBT by a licensed psychologist[, a licensed BCBA-D or a licensed BCBA] or an LBA that:

(a) Requires the licensed psychologist[, the BCBA-D or the BCBA] or the LBA to directly or remotely observe the BCaBA or the RBT administering ABA services to the participant, group of participants, parent, or caregiver; and

(b) Is performed on an ongoing basis, equal to at least 10 percent of the amount of hours that the BCaBA or the RBT is providing direct ABA services to the participant, or group of participants; [and

(c) Is performed in person at least 25 percent of the time;]

(11) Adaptive behavior treatment by protocol which is an in-person service provided to a participant by:

(a) A licensed psychologist[, a licensed BCBA-D, a licensed BCBA] or an LBA; or

(b) A BCaBA or an RBT under the direction of a licensed psychologist[, a licensed BCBA-D or a licensed BCBA] or an LBA utilizing a behavioral intervention designed in advance by the licensed psychologist[, the BCBA-D or the BCBA] or an LBA, who may or may not provide in-person or remote direction during the treatment; and

(12) Adaptive behavior treatment planning which is an ongoing indirect service that:

(a) Is performed by a licensed psychologist[, a licensed BCBA-D or a licensed BCBA] or an LBA; and

(b) (text unchanged)

C. ABA services shall only be provided by a licensed psychologist, [BCBA, BCBA-D,] LBA, BCaBA, or RBT.

D.—E. (text unchanged)

F. The provider shall maintain documentation of each service delivered under the participant’s treatment plan, which, at a minimum, includes:

(1)—(3) (text unchanged)

(4) A description of the participant’s parent or caregiver’s participation in the ABA treatment sessions, including the parent or the caregiver’s name and relationship to the participant, date, and time of participation or notification of the participant’s parent or caregiver’s consent to be absent; and

(5) (text unchanged)

.05 Limitations.

A.—C. (text unchanged)

D. The participant’s parent or caregiver shall[:] be trained to reinforce ABA services for the participant in a clinically effective manner.

[(1) Be trained to reinforce ABA services for the participant in a clinically effective manner; and

(2) Be present or available in the setting where services are being provided at all times, even if not directly participating in the services.]

E.—F. (text unchanged)

.06 Payment Procedures.

A. (text unchanged)

B. The Program shall provide fee-for-service reimbursement for covered ABA services to the following ABA providers who meet the conditions for participation set forth in Regulation .02 of this chapter:

(1) (text unchanged)

(2) Individual licensed psychologist; and

(3) Individual [BCBA-D; and] LBA.

[(4) Individual BCBA.]

C.—E. (text unchanged)

F. [Effective January 1, 2019] For dates of service between July 1, 2020, and December 31, 2020, reimbursement for ABA services covered under this chapter is as follows:

(1) Behavior identification assessment at a rate of [$27.50] $28.60 per 15 minutes;

(2) Behavior identification assessment follow-up at a rate of [$13.75] $14.30 per 15 minutes;

(3) Exposure behavior identification supporting assessment at a rate of [$37.50] $39 per 15 minutes;

(4) Adaptive exposure behavior treatment with protocol modification at a rate of [$37.50] $39 per 15 minutes;

(5) Group adaptive behavior treatment by protocol at a rate of:

(a) [$7.50] $7.80 per 15 minutes, per participant, when provided by a licensed psychologist[, BCBA-D, or BCBA] or an LBA;

(b) [$6] $6.24 per 15 minutes, per participant, when provided by a BCaBA; and

(c) [$5] $5.20 per 15 minutes, per participant, when provided by an RBT;

(6) Adaptive behavior treatment with protocol modification at a rate of [$27.50] $28.60 per 15 minutes;

(7) Multiple-family group adaptive behavior treatment guidance at a rate of [$9.25] $9.62 per 15 minutes per family;

(8) Family adaptive behavior treatment guidance with the participant present at a rate of:

(a) [$27.50] $28.60 per 15 minutes when provided by a licensed psychologist[, BCBA-D, or BCBA] or an LBA; and

(b) [$15] $15.60 per 15 minutes when provided by a BCaBA;

(9) Family adaptive behavior treatment guidance without the participant present at a rate of:

(a) [$15] $15.60 per 15 minutes when provided by a licensed psychologist[, BCBA-D, or BCBA] or an LBA; and

(b) [$8.75] $9.10 per 15 minutes when provided by a BCaBA;

(10) Behavior identification reassessment at a rate of [$27.50] $28.60 per 15 minutes;

(11) Group adaptive treatment with protocol modification at a rate of [$7.50] $7.80 per 15 minutes per participant;

(12) Adaptive behavior treatment direction at a rate of [$27.50] $28.60 per 15 minutes;

(13) Adaptive behavior treatment by protocol at a rate of:

(a) [$17.50] $18.20 per 15 minutes when provided by a licensed psychologist[, BCBA-D, or BCBA] or an LBA;

(b) [$15] $15.60 per 15 minutes when provided by a BCaBA; and

(c) [$13.75] $14.30 per 15 minutes when provided by an RBT; and

(14) Adaptive behavior treatment planning:

(a) At a rate of [$27.50] $28.60 per 15 minutes; and

(b) (text unchanged)

G. For dates of service between January 1, 2021, and October 31, 2021, reimbursement for ABA services covered under this chapter is as follows:

(1) Behavior identification assessment at a rate of $29.60 per 15 minutes;

(2) Behavior identification assessment follow-up at a rate of $14.80 per 15 minutes;

(3) Exposure behavior identification supporting assessment at a rate of $40.37 per 15 minutes;

(4) Adaptive exposure behavior treatment with protocol modification at a rate of $40.37 per 15 minutes;

(5) Group adaptive behavior treatment by protocol at a rate of:

(a) $8.07 per 15 minutes, per participant, when provided by a licensed psychologist or an LBA;

(b) $6.46 per 15 minutes, per participant, when provided by a BCaBA; and

(c) $5.38 per 15 minutes, per participant, when provided by an RBT;

(6) Adaptive behavior treatment with protocol modification at a rate of $29.60 per 15 minutes;

(7) Multiple-family group adaptive behavior treatment guidance at a rate of $9.96 per 15 minutes per family;

(8) Family adaptive behavior treatment guidance with the participant present at a rate of:

(a) $29.60 per 15 minutes when provided by a licensed psychologist or an LBA; and

(b) $16.15 per 15 minutes when provided by a BCaBA;

(9) Family adaptive behavior treatment guidance without the participant present at a rate of:

(a) $16.15 per 15 minutes when provided by a licensed psychologist or an LBA; and

(b) $9.42 per 15 minutes when provided by a BCaBA;

(10) Behavior identification reassessment at a rate of $29.60 per 15 minutes;

(11) Group adaptive treatment with protocol modification at a rate of $8.07 per 15 minutes per participant;

(12) Adaptive behavior treatment direction at a rate of $29.60 per 15 minutes;

(13) Adaptive behavior treatment by protocol at a rate of:

(a) $18.84 per 15 minutes when provided by a licensed psychologist or an LBA;

(b) $16.15 per 15 minutes when provided by a BCaBA; and

(c) $14.80 per 15 minutes when provided by an RBT; and

(14) Adaptive behavior treatment planning:

(a) At a rate of $29.60 per 15 minutes; and

(b) For a maximum of 4 hours per month.

H. Effective November 1, 2021, reimbursement for ABA services covered under this chapter is as follows:

(1) Behavior identification assessment at a rate of $31.20 per 15 minutes;

(2) Behavior identification assessment follow-up at a rate of $15.60 per 15 minutes;

(3) Exposure behavior identification supporting assessment at a rate of $42.55 per 15 minutes;

(4) Adaptive exposure behavior treatment with protocol modification at a rate of $42.55 per 15 minutes;

(5) Group adaptive behavior treatment by protocol at a rate of:

(a) $8.51 per 15 minutes, per participant, when provided by a licensed psychologist or an LBA;

(b) $6.81 per 15 minutes, per participant, when provided by a BCaBA; and

(c) $5.67 per 15 minutes, per participant, when provided by an RBT;

(6) Adaptive behavior treatment with protocol modification at a rate of $31.20 per 15 minutes;

(7) Multiple-family group adaptive behavior treatment guidance at a rate of $10.50 per 15 minutes per family;

(8) Family adaptive behavior treatment guidance with the participant present at a rate of:

(a) $31.20 per 15 minutes when provided by a licensed psychologist or an LBA; and

(b) $17.02 per 15 minutes when provided by a BCaBA;

(9) Family adaptive behavior treatment guidance without the participant present at a rate of:

(a) $17.02 per 15 minutes when provided by a licensed psychologist or an LBA; and

(b) $9.93 per 15 minutes when provided by a BCaBA;

(10) Behavior identification reassessment at a rate of $31.20 per 15 minutes;

(11) Group adaptive treatment with protocol modification at a rate of $8.51 per 15 minutes per participant;

(12) Adaptive behavior treatment direction at a rate of $31.20 per 15 minutes;

(13) Adaptive behavior treatment by protocol at a rate of:

(a) $19.86 per 15 minutes when provided by a licensed psychologist or an LBA;

(b) $17.02 per 15 minutes when provided by a BCaBA; and

(c) $15.60 per 15 minutes when provided by an RBT; and

(14) Adaptive behavior treatment planning:

(a) At a rate of $31.20 per 15 minutes; and

(b) For a maximum of 4 hours per month.

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.34 Therapeutic Behavioral Services

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

Notice of Proposed Action

[22-159-P]

The Secretary of Health proposes to amend Regulations .01—.04 and .06 under COMAR 10.09.34 Therapeutic Behavioral Services.

Statement of Purpose

The purpose of this action is to update reimbursement rates for Therapeutic Behavioral Services (TBS) in accordance with Ch. 357 (H.B. 588), Acts of 2021, the American Rescue Plan Act, and CMS Final Rule 1715-F. Additionally, this action clarifies the services covered for reassessments and removes the term “recipient” and replaces it with “participant.”

Comparison to Federal Standards

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

Estimate of Economic Impact

I. Summary of Economic Impact. The Fiscal Year (FY) 2022 budget continued rates for therapeutic behavioral services (TBS) providers at current levels from July 1, 2021, through October 31, 2021. Additionally, the TBS providers received a one-time 5.4 percent rate increase through the American Rescue Plan Act (ARPA) effective November 1, 2021. The total impact for FY 2022 is $130,873.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$130,873

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$130,873

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. and D. This amount assumes:

(1) TBS utilization will continue at current levels. During FY 2020, the Program restructured its TBS procedure codes to align with American Medical Association standards and the Medicare fee schedule.

(2) For dates of service July 1, 2021, through October 31, 2021, Medicaid held rates at current levels due to a prior mid-year 3.5 percent rate increase effective January 1, 2021. The total impact for this period is $9,008. This amount is subject to a 64.63 percent federal match ($5,822 federal funds and $3,186 general funds).

(3) Effective November 1, 2021, TBS providers received a 5.4 percent rate increase. For the period November 1, 2021, through June 30, 2022, the total impact of the increase, $121,865, is subject to a 62.9 percent blended federal match ($76,653 federal funds and $45,212 general funds).

(4) The total magnitude, $130,873, represents the combined impact of these actions.

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:

A rate increase may increase provider participation, improving participant access to therapeutic behavioral services.

Opportunity for Public Comment

Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through October 11, 2022. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(4) (text unchanged)

(5) “Participant” means an individual who is certified as eligible for and is receiving Medical Assistance benefits.

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

[(6)] (7) "Prescribed" means ordered in writing and signed by an EPSDT provider who has examined the [recipient] participant and diagnosed the [recipient's] participant’s medical condition.

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

[(8) "Recipient" means an individual younger than 21 years old who is certified as eligible for, and is receiving, Program benefits.]

(9) "Rehabilitative service" means a medical or remedial service prescribed by a licensed physician or authorized practitioner under Health Occupations Article, Annotated Code of Maryland, or the jurisdiction where services are rendered for:

(a) (text unchanged)

(b) Restoration of a [recipient's] participant’s best possible functional level.

(10) (text unchanged)

(11) "Therapeutic behavioral assessment" means a comprehensive assessment of a [recipient] participant and, if applicable, a [recipient's] participant’s family that:

(a)—(d) (text unchanged)

(12) "Therapeutic behavioral service" means an intensive, rehabilitative service that is documented in the written behavioral plan and is intended to:

(a) Provide the [recipient] participant with behavioral management skills to effectively manage the behaviors or symptoms that place the [recipient] participant at risk for a higher level of care; and

(b) Restore the [recipient's] participant’s previously acquired behavior skills and enable the [recipient] participant to develop appropriate behavior management skills.

(13) (text unchanged)

.02 Conditions for Provider Participation.

A. A therapeutic behavioral service provider shall:

(1) Ensure that therapeutic behavioral aides are trained and supervised in:

(a)—(c) (text unchanged)

(d) Identifying the needs and characteristics of the [recipient] participant; and

(e) (text unchanged)

(2) If the therapeutic aide is not licensed or certified by a health practice licensure board to practice independently, ensure that a licensed healthcare practitioner shall:

(a) Meet at least once every 2 weeks with the aide and review the progress and develop a plan of care for each [recipient] participant assigned to the aide; and

(b) At least once a month, observe the [recipient’s] participant’s progress and needs with the [recipient’s] participant’s parent or guardian; and

(3) Provide a written progress note that is completed for each time period that a therapeutic behavioral aide spends with the [recipient] participant and includes:

(a)—(c) (text unchanged)

(d) A description of the [recipient’s] participant’s behaviors or symptoms; and

(e) (text unchanged)

B. (text unchanged)

.03 Covered Services.

A. (text unchanged)

B. The following services are covered:

(1) Therapeutic behavioral assessment and reassessment that includes:

(a) Development of a behavioral plan with the [recipient] participant and parent, guardian, or individual who customarily provides care which specifically:

(i)—(v) (text unchanged)

(vi) Details the strategies and skills for the [recipient] participant and parent, guardian, or individual who customarily provides cares to provide continuity of care when therapeutic behavioral services are discontinued;

(vii) Details emergency procedures to be implemented when the [recipient] participant exhibits behaviors that pose harm to self or others;

(viii) Contains written informed consent before implementation, of the parent or legal guardian, or if the [recipient] participant is 18 years old or older, written informed consent of the [recipient] participant; and

(ix) (text unchanged)

(b) (text unchanged)

(2) Therapeutic behavioral services that:

(a) (text unchanged)

(b) May include, but are not limited to:

(i) Assisting the [recipient] participant to engage in or remain engaged in appropriate activities;

(ii) Minimizing the [recipient’s] participant’s impulsive behavior;

(iii)—(v) (text unchanged)

.04 Limitations.

A. To be eligible for therapeutic behavioral services the:

(1) [Recipient] Participant shall be younger than 21 years old and enrolled in the Program;

(2) [Recipient] Participant shall be assessed as having behaviors or symptoms related to a mental health diagnosis that places the individual's current living arrangement at risk and creates a risk for a more restrictive placement, or prevents transition to a less restrictive placement;

(3) [Recipient’s] Participant’s behaviors or symptoms shall be safely and effectively treated in the community; and

(4) [Recipient’s] Participant’s parent, guardian, or individual who customarily provides care shall be present during the provision of all therapeutic behavioral services to participate in the behavioral plan, unless there are clinical goals specifically addressed in the behavior plan that need to be achieved requiring that the parent, guardian, or individual who customarily provides care not be present.

B. (text unchanged)

C. Therapeutic behavioral services shall be:

(1) Decreased proportionally when indicated by the [recipient’s] participant’s progress;

(2)—(3) (text unchanged)

D. A therapeutic behavioral service provider may not bill the Program for:

(1) Services that are:

(a)—(c) (text unchanged)

(d) Provided by a therapeutic behavioral aide who is a member of the [recipient’s] participant’s immediate family or who resides in the [recipient’s] participant’s home;

(e)—(j) (text unchanged)

(2)—(7) (text unchanged)

.06 Payment Procedures.

A.—B. (text unchanged)

C. Reimbursement for services covered under this chapter is as follows:

(1) [Initial therapeutic assessment at a rate of $26.91 per 15 minutes, with a maximum of 60 minutes;] For dates of service between July 1, 2020, and December 30, 2020:

(a) Initial therapeutic assessment and reassessment at a rate of $124.78; and

(b) Therapeutic behavioral services at a rate of:

(i) $27.04 for the first 30 minutes; and

(ii) $13.52 for each additional 15 minutes.

(2) [Review of behavioral plan at a rate of $25.29 per 15 minutes, with a maximum of 60 minutes; and] For dates of service between January 1, 2021, and October 31, 2021:

(a) Initial therapeutic assessment and reassessment at a rate of $129.15; and

(b) Therapeutic behavioral services at a rate of:

(i) $27.99 for the first 30 minutes; and

(ii) $13.99 for each additional 15 minutes.

(3) [Therapeutic behavioral services at a rate of $5.50 per 15 minutes.] For dates of service on or after November 1, 2021:

(a) Initial therapeutic assessment and reassessment at a rate of $136.12; and

(b) Therapeutic behavioral services at a rate of:

(i) $29.50 for the first 30 minutes; and

(ii) $14.75 for each additional 15 minutes.

DENNIS R. SCHRADER
Secretary of Health

Subtitle 25 MARYLAND HEALTH CARE COMMISSION

10.25.17 Benchmarks for Preauthorization of Health Care Services

Authority: Health-General Article, §§19-101 and 19-108.2, Annotated Code of Maryland

Notice of Proposed Action

[22-157-P]

The Maryland Health Care Commission proposes to amend Regulations .01─.05 under COMAR 10.25.17 Benchmarks for Preauthorization of Health Care Services. This action was considered by the Commission at an open meeting held on July 21, 2022, a notice of which was given through publication in the Maryland Register, in accordance with General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to propose amendments to COMAR 10.25.17 Benchmarks for Preauthorization of Health Care Services. Health-General Article, §19-108.2, Annotated Code of Maryland, required the Commission to work with payors (i.e., State-regulated insurers, nonprofit health service plans, health maintenance organizations, and pharmacy benefit managers) to implement, in a phased approach, electronic preauthorization processes in a series of four benchmarks. The proposed amendments 1) extend the duration of time on a waiver from the benchmark requirements from 2 to 5 years; 2) add language requiring a payor granted a waiver to notify MHCC within 30 days when circumstances justifying the waiver have changed; 3) add language to permit MHCC to withdraw a waiver for cause; and 4) include other miscellaneous changes.

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 Justine Springer, Program Manager, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-3574, or email to justine.springer@maryland.gov, or fax to 410-358-1236 . Comments will be accepted through October 11, 2022. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland Health Care Commission during a public meeting to be held on October 20, 2022, at 1 p.m., at 4160 Patterson Avenue, Baltimore, MD 21215.

.01 Scope.

A. This chapter applies to a payor that:

(1) (text unchanged)

(2) Is required to report to the Maryland Health Care Commission [(Commission) on or before certain dates] on its attainment and plans for attainment of certain preauthorization benchmarks.

B. This chapter does not apply to a pharmacy benefits manager that only provides services for:

(1) [workers’] Workers’ compensation claims pursuant to Labor and Employment Article, [§9-101, et seq.] Title 9, Annotated Code of Maryland[,]; or

(2) [for personal] Personal injury protection claims pursuant to Insurance Article, [§19-101, et seq.] Title 19, Annotated Code of Maryland.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(3) (text unchanged)

(4) “Payor” means one of the following State-regulated entities that require preauthorization for a health care service:

(a)—(b) (text unchanged)

(c) A pharmacy benefits manager that is registered with the Maryland Insurance Commissioner, except for a pharmacy benefits manager that only provides services for:

(i) [workers’] Workers’ compensation claims pursuant to Labor and Employment Article, [§9-101, et seq.] Title 9, Annotated Code of Maryland[,]; or [for]

(ii) [for personal] Personal injury protection claims pursuant to Insurance Article, [§19-101, et seq.] Title 19, Annotated Code of Maryland.

(5)—(8) (text unchanged)

.03 Benchmarks.

A. (text unchanged)

B. Each payor shall establish and maintain an online process for:

(1) (text unchanged)

(2) Assigning to a preauthorization request a unique electronic identification number that a provider may use to track the request during the preauthorization process, whether [or not] the request is tracked electronically, through a call center, or by fax.

C. Each payor shall establish and maintain an online preauthorization system that meets the requirements of Health-General Article, §19-108.2(e), Annotated Code of Maryland, to:

(1) (text unchanged)

(2) Render a determination within 1business day after receiving all pertinent information on requests not approved in real time, electronic preauthorization requests for pharmaceutical services that:

(a) (text unchanged)

(b) Do not meet the standards for real-time approval under [item (1) of this item] §C(1) of this regulation; and

(3) (text unchanged)

D. [On or before July 1, 2015, a] Each payor that requires a step therapy or fail-first protocol shall:

(1) Establish and [shall thereafter] maintain an online process to allow a prescriber to override the step therapy or fail-first protocol if:

(a) The step therapy drug has not been approved by the [U.S.] United States Food and Drug Administration for the medical condition being treated; or

(b) (text unchanged)

(2)—(3) (text unchanged)

E. (text unchanged)

.04 Reporting.

[A. On or before August 1, 2015, a payor that requires a step therapy or fail-first protocol shall report to the Commission in a form and manner specified by the Commission on its attainment of the benchmark in Regulation .03D of this chapter.]

[B.] A. A payor that becomes authorized to provide benefits or services within the State of Maryland after October 1, 2012, shall report to the Commission in a form and manner specified by the Commission on its [attainments] attainment of each benchmark in Regulation .03 of this chapter within 3 months of the payor’s offering of services or benefits within the State.

[C.] B. (text unchanged)

C. A payor that has been granted a waiver under Regulation .05 of this chapter shall notify the Executive Director if it can no longer demonstrate the extenuating circumstances for which the waiver was granted within 30 days after a payor can no longer demonstrate extenuating circumstances.

.05 Waiver from Benchmark Requirement.

A. A payor may request that the Commission issue or renew a waiver from the requirement to meet a benchmark in Regulation .03 of this chapter by the demonstration of the following extenuating circumstances[, including]:

(1)—(3) (text unchanged)

B. Submission of Request for Waiver or Renewal of Waiver.

(1) (text unchanged)

(2) A request for a waiver shall be filed with the Commission in accordance with the following:

(a) [For benchmarks in this chapter, no later than 60 days prior to the compliance date; or

(b)] For renewal of a waiver, no later than 30 days prior to its expiration[.]; or

[(3)] (b) For a payor that becomes authorized to provide benefits or services within the State of Maryland after October 1, 2012, within [30 days] 3 months after the date the payor is authorized to provide benefits or services within the State.

C. Issuance of Waiver.

(1) (text unchanged)

(2) The Executive Director will review and provide a decision [on] to approve or deny all waiver requests within a reasonable time frame.

(3) A waiver or renewal of a waiver shall be valid for [two] 5 years, unless withdrawn by the Executive Director [after notice to the payor].

D. Withdrawal of Waiver.

(1) The Executive Director may withdraw a waiver or renewal of a waiver if the Executive Director determines that the payor can no longer demonstrate extenuating circumstances.

(2) If the Executive Director withdraws a waiver or renewal of waiver, the Executive Director shall notify the payor, setting forth in writing the reasons for withdrawal.

(3) After a waiver or a renewal of a waiver is withdrawn, a payor shall submit a plan to the Executive Director within 30 days that includes a timeline for attaining each benchmark in Regulation .03 of this chapter in a format approved by the Commission.

[D.] E. Review of Denial or Withdrawal of Waiver.

(1) [A] If the Executive Director has denied or withdrawn a waiver, a payor [that has been denied a waiver] may seek Commission review of [a] the denial or withdrawal by filing a written request for review with the Commission within 20 days of receipt of the Executive Director’s notice of denial or withdrawal of a waiver[.], which shall:

(a) State with particularity the grounds and factual basis for a payor’s disagreement with the denial or withdrawal decision;

(b) Specify the remedy requested; and

(c) If desired, include a written request to orally address the Commission, which shall be scheduled if requested.

(2) The full Commission may [hear] review the written request for review of a denial or withdrawal of a waiver directly or, at the discretion of the Chair of the Commission, appoint a Commissioner to review the request submitted under §E(1) of this regulation, who will make a recommendation to the full Commission.

(3) [The] If a written request was submitted under §E(1)(c) of this regulation, a payor may orally address the Commission before a determination is made by the Commission as to whether or not to issue or withdraw a waiver [after a request for review of denial of waiver by the Executive Director].

(4) After reviewing and considering a payor’s written request for review of the denial or withdrawal decision and any oral argument, if applicable, the full Commission shall issue a written decision affirming, reversing, or modifying the decision reviewed.

[E.] F. (text unchanged)

RANDOLPH S. SERGENT, ESQ.
Chair

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 14 MOTOR VEHICLE ADMINISTRATION—VEHICLE INSPECTIONS

11.14.08 Vehicle Emissions Inspection Program

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303; Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland

Notice of Proposed Action

[22-171-P]

The Secretary of the Environment and the Administrator of the Motor Vehicle Administration jointly propose to amend Regulations .01—.06 and .20, adopt new Regulation .07, amend and recodify existing Regulations .07 —.14 and .16—.18 to be Regulations .08—.15 and .17—.19 respectively, recodify existing Regulation .15 to be Regulation .16, and repeal existing Regulation .19 under COMAR 11.14.08 Vehicle Emissions Inspection Program.

Statement of Purpose

The purpose of this action is to modernize and enhance the Vehicle Emissions Inspection Program (VEIP) to improve motorist convenience while continuing to maintain the significant air quality progress that has been achieved since the program’s inception.

Several key programs and advancements in technology have resulted in much cleaner air in Maryland since VEIP began in 1984. In the past, vehicles produced much higher levels of pollution. Vehicle emissions control systems were simple and deteriorated quickly, resulting in increasing emissions of pollutants over a relatively short vehicle age. Since that time, there have been remarkable advancements in emissions control technology. Today’s vehicles are dramatically cleaner and equipped with emissions systems that are significantly more capable of maintaining the lower emissions levels over a longer period. VEIP testing methods have also grown more advanced.

Maryland has also implemented aggressive pollution controls on power plants, cars and trucks, and many other sources of air pollution. These controls have been very effective towards attaining and maintaining air quality standards. Maryland currently complies with the fine particulate air quality standard Statewide and is extremely close to meeting the ozone standard. Emerging opportunities to further clean the air include electric vehicles and other “Zero Emission Vehicles”, as well as technological advances on emissions controls for many other mobile sources.

Submission to the U.S. Environmental Protection Agency (EPA) as a revision to Maryland’s State Implementation Plan (SIP)

This action will be submitted to the EPA as an SIP Revision.

 

Regulation Amendments.

These enhancements are the second phase of a modernization effort that began in 2018 with the goals of improving customer service and reducing financial and regulatory burden for Maryland motorists so they may benefit from the vehicle technology advancements and air quality progress described above.

Other states around the country have also taken similar steps to modernize their VEIP programs.

The proposed amendments extend the initial VEIP inspection date for new vehicles for an additional three years over current requirements established in 2018, when the first test for new, not previously titled vehicles was delayed from two years to three years of age. This next step delays the initial testing of new vehicles to six years of age. Test data shows that these vehicles are very unlikely to fail VEIP testing or require emissions repairs. Extending the initial testing requirement is a practical program update that will yield significant motorist convenience benefits.

This action also establishes VEIP Motorist Assistance Centers to support motorists in acquiring effective emissions repairs so their vehicles will pass VEIP testing and maintain the improved emissions performance into the future. The Centers will provide motorists with access to an emissions repair specialist to help ensure that vehicles are repaired correctly and in a timely manner, enhancing both customer service and air quality benefits.

The proposal also includes minor clarifications and technical corrections to the regulations.

 

Emissions.

Approximately 1.65 million vehicles are inspected in the VEIP annually. In fiscal year 2023 (December 26, 2022 effective date), it is expected that 202,797 new vehicles will qualify for the additional three-year delay of the initial inspection. Used vehicles will continue to be subject to VEIP inspection upon transfer of ownership regardless of vehicle age, and it is estimated that 78,916 used vehicles in this age range will be sold and inspected, resulting in a net reduction of 123,881 in the number of vehicles tested.

The Maryland Department of the Environment has assessed the air quality effect from the proposed action and has found the impact to be negligible. The vehicles qualifying for the delay in initial testing have very low VEIP failure rates. The Motorist Assistance Centers will help improve testing outcomes for all vehicles subject to the program.

Comparison to Federal Standards

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

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action will provide on-going economic benefits to the public by reducing the amount of inspection fees paid. Based on the assumptions and information contained in this fiscal impact statement, the estimated economic impacts for fiscal year 2023 (December 26, 2023 effective date) are: to the public, an estimated $ 2,323,998 cost savings; and to the Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA), an estimated $ 2,249,670 net loss. (See Section III. for assumptions used in the fiscal impact calculations.) The proposed action is not expected to have significant economic impact on any other entity.

 

 

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

 

 

(1)

(R-)

$2,323,998 (FY 2023)

(2)

(E-)

$74,328 (FY 2023)

B. On other State agencies:

(E-)

Minimal

C. On local governments:

(E-)

Minimal

 

 

Benefit (+)

Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

CERFs and other repair facilities

(-)

Minimal

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

Minimal

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

A(1). Based on an analysis of current statistical data, it is estimated that in fiscal year 2023 (December 26, 2022 effective date), 202,797 new vehicles will qualify for the additional three-year delay of the initial inspection. Used vehicles will continue to be subject to VEIP inspection upon transfer of ownership independently of vehicle age, and it is estimated that 78,916 vehicles in this age range will be sold and inspected, yielding a net change of 123,881 vehicles. The inspection fees are $14 at the VEIP inspection station and $10 at the VEIP self-service kiosk. Only the OBD test is available at the kiosk. Current data shows that 85% of OBD tests are conducted at the VEIP stations, and 15% are conducted at the kiosks. Additionally, late fee revenue is equivalent to approximately 40% of inspection fee revenue. The estimated revenue impact (loss) to MDOT MVA from the reduction in inspection/late fees is calculated as follows:

a. VEIP station inspection fee revenue loss: (123,881 vehicle tests x 85% x $14 = $ 1,474,178

b. VEIP kiosk inspection fee revenue loss: (123,881 vehicle tests x 15%) x $10 = $ 185,821

Subtotal of a + b = $ 1,659,999 c. Late fee revenue loss: ($ 1,659,999 x 40%) = $ 663,999

d. Total fiscal year 2022 revenue loss from this action: ($ 1,659,999 + 663,999) = $ 2,323,998.

A similar effect on MDOT MVA revenues is expected in future years.

A(2). This proposal will have a small impact on MDOT MVA expenditures in postage costs for fiscal year 2023. MDOT MVA currently incurs postage charges of $0.60 for each inspection notice mailed. The reduced number of VEIP inspections resulting from this action will reduce the number of notices mailed. In FY2023, based on an estimated 123,881 vehicles, the reduction in postage charges is (123,881 x $0.60) = $ 74,328 (savings).

NOTE: Modest cost savings associated with supplies/materials will also result from this proposal. However, these cost savings are minimal in nature.

B. Other State agencies and local governments will experience minimal reductions in costs due to the reduced number of vehicles they must have inspected.

C. Other State agencies and local governments will experience minimal reductions in costs due to the reduced number of vehicles they must have inspected.

D. There will be minimal impact on automotive repair facilities that are Certified Emissions Repair Facilities (CERFs) due to lost income from potentially fewer vehicles requiring repairs.

F. Based on the assumptions and calculations included in part A, above, the public will realize estimated cost savings of $ 2,323,998 in fiscal year 2023 through reductions in VEIP inspection/late fees paid.

Savings to the public are expected to continue at a similar rate into future years.

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 Marcia Ways, Mobile Sources Control Program Manager, Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230-1720, or call (410) 537- 3270, or email to marcia.ways@maryland.gov, or fax to (410) 537- 4435. Comments will be accepted through October 11, 2022. The Maryland Department of the Environment and the Maryland Department of Transportation Motor Vehicle Administration will hold a virtual public hearing on the proposed action on October 11, 2022 at 10:00 a.m. See the Maryland Department of the Environment’s website for virtual hearing information, https://mde.maryland.gov/programs/Regulations/air/Pages/reqcomments.aspx. Interested persons are invited to attend and express their views. Comments must be received by 5:00 pm on November 7, 2022 or submitted at the hearing. For more information or to submit comments, contact Marcia Ways, Mobile Sources Control Program Manager, Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230-1720; telephone (410) 537- 3270; email marcia.ways@maryland.gov; fax (410) 537- 4435.

Copies of the proposed action and supporting documents are available for review at the Maryland Department of the Environment’s website at http://www.mde.state.md.us/programs/regulations/air/Pages/reqcomments.aspx.

Persons needing special accommodations at the public hearing should contact the Department's Fair Practices Office at (410) 537-3964. TTY users may contact the Department through the Maryland Relay Service at 1-800-735-2258.

.01 Scope and Applicability.

A. Scope. The Vehicle Emissions Inspection Program requires all subject vehicles to be inspected biennially as scheduled by the [Motor Vehicle] Administration.

B. Applicability.

(1) Unless exempt under Regulation .04 of this chapter, a vehicle is subject to the provisions of this chapter if it is:

 (a) [Titled and registered] Registered within the emissions inspection area;

(b)—(c) (text unchanged)

(2) (text unchanged)

.02 Incorporation by Reference.

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

A. Clean Air Act, 42 U.S.C §7521, §7541, and §7545, [January 3, 2006,] as amended;

B. 40 CFR §85.1902(d), [July 1, 2005,] as amended;

C. 40 CFR §85.2207, [July 1, 2007,] as amended;

D. 40 CFR §85.2222, [July 1, 2007,] as amended;

E. 40 CFR §85.2231, [July 1, 2007,] as amended; [and]

F. 40 CFR Part 51, Subpart S, [July 1, 2007,] as amended; and

G. 42 U.S.C. §9902(2), as amended.

.03 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) "Administration" means the Maryland Department of Transportation Motor Vehicle Administration [of the Maryland Department of Transportation].

(2) (text unchanged)

(3) "Audit" means a periodic quality assurance check, performed by the Administration or the Department, on equipment, records, and personnel regulated under this chapter.

(4) "Auditor" means an employee or designee of the Administration or the Department who performs audits.

(5) "Certificate" means a vehicle inspection report issued electronically or on paper by the [contractor, a fleet inspection station, or the] Administration or a designee of the Administration, which certifies that[:

(a) A] a vehicle has undergone an emissions inspection[; or

(b) Emissions inspection standards have been waived for a vehicle.]

(6) "Certified emissions repair facility" means a business certified by the Department which:

(a) (text unchanged)

(b) Meets the requirements of [Regulation .18] Regulation .19 of this chapter.

(7) "Contractor" means a business under contract with the State to operate and manage the vehicle emissions inspection [stations] program.

(8)—(14) (text unchanged)

(15) "Emissions standard" means a requirement that [limits the quantity, quality, rate, or concentration of emissions from a vehicle] relates to the operation or maintenance of a motor vehicle to ensure continuous emissions reduction.

(16) (text unchanged)

(17) "Fleet inspection station" means an establishment licensed by the Department to perform certain emissions inspections [and that is either:

(a) An establishment that owns or operates at least 25 vehicles subject to this chapter; or

(b) A dealer with annual sales of at least 25 vehicles subject to this chapter.

(18) "Gross vehicle weight rating (GVWR)" means the total vehicle weight, including load, as designated by the vehicle manufacturer.

(19) "Highway" has the meaning stated in Transportation Article, §11-127, Annotated Code of Maryland].

[(20)] (18)[(21)] (19) (text unchanged)

[(22)] (20) "Inspector" means [an employee of the contractor who performs emissions inspections at a vehicle emissions inspection station, or a master certified emissions technician who performs emissions inspections at a fleet inspection station] a person authorized to perform official vehicle emissions inspections under this chapter.

[(23)] (21) "Master certified emissions technician" means an individual who meets the provisions of [Regulation .17] Regulation .18 of this chapter.

[(24)] (22)[(26)] (24) (text unchanged)

(25) "Motorist assistance center” means a resource center operated by the contractor that provides technical emissions-related repair guidance to motorists and vehicle repair technicians.

[(27)] (26)[(28)] (27) (text unchanged)

[(29) "Period of permitted operation" means the period beginning with the Wednesday on or before an initial inspection failure and ending 17 weeks after the Wednesday on or before the initial inspection failure.

(30) "Qualified hybrid vehicle" has the meaning stated in Transportation Article, §23-202(b)(3)(i), Annotated Code of Maryland.]

[(31)] (28) "Recognized repair technician" means a person who:

(a) Performs vehicle repairs as a profession, or is certified as a master certified emissions technician under this chapter; and

(b) (text unchanged)

[(32) "Referee inspection" means an emissions inspection conducted by the Administration or the Department for the purpose of resolving disputes or gathering data.]

[(33)] (29) (text unchanged)

[(34) "Remote sensing equipment" means equipment capable of measuring vehicle exhaust emissions as the vehicle is driven past the equipment.

(35) "Sample dilution" means an inspection result where an exhaust sample contains less than 6 percent carbon monoxide plus carbon dioxide, preventing a valid idle exhaust emissions test, as described in 40 CFR Part 51, Subpart S.]

[(36)] (30) (text unchanged)

[(37)] (31) "Vehicle emissions inspection station" means a facility [operated by the contractor and] approved by the Administration to conduct emissions inspections pursuant to this chapter.

[(38) "Vehicle emissions inspection program customer service representative" means an employee of the Administration or the contractor who is assigned to a vehicle emissions inspection station and who is responsible for processing waiver applications, issuing waivers, and resolving technical issues and differences.]

[(39)] (32) "Waiver [certificate]" means a [certificate which indicates] determination made by the Administration or a designee of the Administration that [a vehicle has met] the [waiver] provisions set forth in [Regulation .06] Regulation .07 of this chapter have been met.

[(40)] (33) (text unchanged)

.04 Exemptions.

A. (text unchanged)

B. Exempt vehicles include the following vehicles:

 (1) [Before October 1, 2012, a qualified hybrid vehicle;]

[(2)] A zero-emission vehicle;

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

[(4) A motorcycle registered]

(3) A vehicle registered as a Class D motorcycle;

[(5)] (4) [Registered] A vehicle registered as a Class E truck with a registered gross vehicle weight greater than 26,000 pounds;

[(6)] (5) [Registered] A vehicle registered as a Class E farm truck;

[(7)] (6) [Registered] A vehicle registered as a Class F truck tractor;

[(8)] (7) [Registered] A vehicle registered as a Class F farm truck tractor;

[(9)] (8) [Registered] A vehicle registered as a Class H school vehicle;

[(10)] (9) [Registered] A vehicle registered as a Class K farm area vehicle;

[(11)] (10) [Registered] A vehicle registered as a Class L historic vehicle;

[(12)] (11) [Registered] A vehicle registered as a Class N street rod vehicle;

[(13)] (12) [Registered] A vehicle registered as a Class P passenger bus;

[(14) Not self-propelled]

(13) A vehicle registered as a Class R low speed vehicle;

[(15)] (14) [Powered] A vehicle powered solely by electricity or diesel fuel;

[(16) Of a model year earlier than 1977];

[(17)] (15) [Of] A vehicle with a gross vehicle weight of 8,500 pounds or less and [a] of model year earlier than 1996; or

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

.05 Schedule of the Program.

A. (text unchanged).

B. Schedule for Vehicle Inspection.

(1) The Administration shall assign each vehicle required to be inspected a date of scheduled inspection for each inspection cycle, and shall send a notice to the vehicle owner [approximately 8 weeks] before the assigned date.

(2) A vehicle owner shall present the vehicle for a scheduled inspection after receipt of notification, but not later than the date of scheduled inspection. [Presenting the vehicle for inspection at any other time does not alter the date of a future scheduled inspection.]

(3) Unscheduled Inspection.

[(a) A used vehicle owned by a dealer for which a date of scheduled inspection has not been established by the Administration may be inspected without notification, and the date the vehicle is initially inspected becomes the date of scheduled inspection.]

[(b)] (a)[(c)] (b) (text unchanged)

[(d)] (c) The Administration shall have sole discretion in granting a request under [§B(3)(c)] §B(3)(b) of this regulation.

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

(4) New Vehicles.

[(a) Qualified Hybrid Vehicles. On or after October 1, 2012, for a qualified hybrid vehicle of the current or preceding model year that has not been previously titled or registered in any jurisdiction and for which the ownership document is a manufacturer's certificate of origin, the Administration shall assign a date of scheduled inspection which is at least 36 months after the model year of the vehicle.

(b) Except as required in §B(4)(a) of this regulation, for] For a vehicle [of the current or preceding model year] that has not been previously titled or registered in any jurisdiction and for which the ownership document is a manufacturer's certificate of origin, the Administration shall assign a date of scheduled inspection which is at least [36 months] 72 months after the model year of the vehicle.

(5)—(7) (text unchanged)

[(8) Vehicles Owned or Leased by the Federal Government. A department, agency, or instrumentality of the federal government with jurisdiction over any property or facility within the emissions inspection area shall provide to the Administration, in a format approved by the Administration:

(a) A list of all vehicles at each property or facility which are required to be inspected under this chapter;

(b) Information on any additions or deletions to the list by the end of the calendar quarter in which the additions or deletions occurred; and

(c) An updated list biennially.

C. On-Highway Emissions Test.

(1) The owner of a vehicle which fails to meet on-highway emissions test standards, as specified in Regulation .09F of this chapter, upon two occasions in a 2-year period, shall present the vehicle for an out-of-cycle inspection at a vehicle emissions inspection station as scheduled by the Administration, unless the vehicle:

(a) Is scheduled for inspection under §§A and B of this regulation within 6 months from the date of the second on-highway emissions test failure;

(b) Has failed an inspection and is operating during the period of permitted operation; or

(c) Has been issued a waiver certificate for the assigned inspection cycle.

(2) An out-of-cycle inspection required under §C(1) of this regulation does not alter the schedule for vehicle inspection specified in §§A and B of this regulation.]

[D.] C. (text unchanged)

[E.] D. Reinspection.

(1) The owner of a vehicle which has failed an inspection shall present the vehicle for reinspection on or before the [end of the period of permitted operation] date of scheduled inspection or, if applicable, the extension expiration date and after emissions-related repairs have been performed on the vehicle.

(2) The vehicle owner shall provide documentation, in a form prescribed by the Administration, indicating all of the following information for the vehicle:

(a) The emissions-related repairs which were performed;

(b) By whom the emissions-related repairs were performed; and

(c) (text unchanged)

(3) A vehicle presented for reinspection without the documentation required in [§E(2)] §D(2) of this regulation shall be rejected from reinspection.

[F.] E. (text unchanged)

.06 Certificates.

A. General Requirements.

[(1)] During each inspection cycle, a vehicle inspected under this chapter shall be issued a certificate that indicates the inspection status of the vehicle [for the inspection cycle] in a manner prescribed by the Administration.

[(2) Except for a waiver certificate, which may only be issued by the contractor or the Administration, a certificate may be issued by the contractor, a fleet inspection station, or the Administration.

(3) For a vehicle inspected at a vehicle emissions inspection station, the Contractor shall issue a certificate which contains the following information:

(a) The inspection station number, test lane number, and inspector identification number;

(b) The date of inspection;

(c) The inspection start time and end time;

(d) The vehicle identification number (VIN);

(e) The license plate number, if applicable;

(f) The gross vehicle weight rating, for a vehicle other than a passenger vehicle;

(g) The vehicle model year and vehicle make;

(h) The odometer reading;

(i) The category of inspection performed (initial inspection, first reinspection, or subsequent reinspection);

(j) The fuel type of the vehicle;

(k) The overall pass/fail status for the inspection;

(l) The idle exhaust emissions test pass/fail status for hydrocarbons, carbon monoxide, and sample dilution, if applicable;

(m) The exhaust emissions measurements and the applicable standards for hydrocarbons and carbon monoxide, if applicable;

(n) The pass/fail status for the catalytic converter check, if applicable;

(o) The pass/fail status for the gas cap leak test, if applicable;

(p) The pass/fail status for the on-board diagnostics test and stored on-board diagnostics fault codes, if applicable;

(q) The valid through date; and

(r) Other information the Administration or the Department may specify.

(4) For a vehicle inspected at a fleet inspection station, the fleet inspection station shall issue a certificate in a form and content established by the Administration and the Department.

(5) A vehicle owner shall ensure that the most recent certificate is carried at all times in the vehicle for which it was issued.]

B. Pass Certificate. If a vehicle [inspected at a vehicle emissions inspection station] meets all applicable standards [specified in Regulation .09 of this chapter] during an inspection, the vehicle is considered to be in compliance for the assigned inspection cycle, and [the contractor] shall [issue] be issued a pass certificate which includes a statement certifying that the inspection was performed in accordance with the provisions of this chapter.

C. Fail Certificate.

[(1)] If a vehicle [inspected at a vehicle emissions inspection station] does not meet all applicable standards [specified in Regulation .09 of this chapter] during an inspection, the vehicle is considered not to be in compliance and [the contractor] shall [issue] be issued a fail certificate which includes the following information:

[(a)] (1)—[(b)](2) (text unchanged)

[(2) A vehicle issued a fail certificate may be operated through the period of permitted operation.

(3) A person may not operate a vehicle after the end of the period of permitted operation unless a pass certificate or a waiver certificate has been issued for the vehicle or the vehicle owner has been granted a time extension.

D. Waiver Certificate.

(1) The owner of a vehicle for which a fail certificate has been issued may apply to the Administration for a waiver from inspection standards for the assigned inspection cycle if all of the following requirements are met:

(a) All applicable warranty coverage has been used, or the vehicle manufacturer or a dealer has issued written denial of the warranty coverage provided for vehicles by the Clean Air Act, 42 U.S.C. §7541;

(b) The vehicle has received emissions-related repairs appropriate to the cause of inspection failure, and the repairs have been performed by a recognized repair technician;

(c) Emissions control devices have not been tampered with or removed, and the vehicle has not been misfueled; and

(d) The owner satisfies the requirements of State law, except for provisions which are superseded by federal law.

(2) The vehicle owner shall submit proof of expenditures for repairs with the waiver application in a form and content acceptable to the Administration. Repair costs, including parts and labor, are limited to only those repairs necessary to bring the vehicle into compliance with applicable emissions standards, and do not include costs:

(a) Determined to be necessary to correct tampering with or the removal of an emissions control device, or to repair damage resulting from misfueling; or

(b) Associated with the repair or replacement of the exhaust system or any of its components.

(3) The Administration or the contractor shall evaluate each waiver application, examine the vehicle for verification of repairs and the presence of required emissions control devices, and may issue a waiver certificate if the owner has acted in good faith to bring the vehicles into compliance with the provisions of this chapter.

(4) The Administration may grant a time extension to a waiver applicant so that additional repairs may be obtained, or to adequately evaluate and verify the contents of the waiver application.

(5) A waiver certificate is valid until the next date of scheduled inspection.

(6) Senior Citizens.

(a) A waiver certificate may be granted to a vehicle owner who is 70 years old or older at the time of the scheduled inspection for a vehicle that is driven 5,000 miles or less per year.

(b) In the case of more than one owner of a vehicle, all owners listed on the vehicle title must meet the age requirement.

(c) All information provided by the vehicle owner is subject to verification by the Administration.

(7) Disabled Persons.

(a) A waiver certificate may be granted to the owner of a vehicle for which special registration plates have been issued under Transportation Article, §13-616, Annotated Code of Maryland, and which is driven 5,000 miles or less per year.

(b) In the case of more than one owner of a vehicle, all owners listed on the vehicle title must meet the disability requirements.

(c) All information provided by the vehicle owner is subject to verification by the Administration.]

.07 Waivers.

A. General Requirements. A waiver is valid until the next date of scheduled inspection.

B. Repair Waiver.

(1) The owner of a vehicle for which a fail certificate has been issued may apply to the Administration for a waiver from inspection standards for the assigned inspection cycle if all of the following requirements are met:

(a) All applicable warranty coverage has been used, or the vehicle manufacturer or a dealer has issued written denial of the warranty coverage provided for vehicles by the Clean Air Act, 42 U.S.C. §7541;

(b) The vehicle has received emissions-related repairs appropriate to the cause of inspection failure, and the repairs have been performed by a recognized repair technician;

(c) Emissions control devices have not been tampered with or removed, and the vehicle has not been misfueled; and

(d) The owner satisfies the requirements of State law, except for provisions which are superseded by federal law.

(2) The vehicle owner shall submit proof of expenditures for repairs with the waiver application in a form and content acceptable to the Administration. Repair costs, including parts and labor, are limited to only those repairs necessary to bring the vehicle into compliance with applicable emissions standards, and do not include costs:

(a) Determined to be necessary to correct tampering with or the removal of an emissions control device, or to repair damage resulting from misfueling; or

(b) Associated with the repair or replacement of the exhaust system or any of its components.

(3) The Administration or the contractor shall evaluate each waiver application, examine the vehicle for verification of repairs and the presence of required emissions control devices, and may issue a waiver if the provisions of this chapter are met.

(4) The Administration or the contractor may require approval by the motorist assistance center prior to issuing a waiver.

(5) The Administration may grant a time extension to a waiver applicant so that additional repairs may be obtained, or to adequately evaluate and verify the contents of the waiver application.

C. Senior Citizens.

(1) A waiver may be granted to a vehicle owner who is 70 years of age or older at the time of the scheduled inspection for a vehicle that is driven 5,000 miles or less per year.

(2) In the case of more than one owner of a vehicle, all owners listed on the vehicle title must meet the age requirement.

(3) All information provided by the vehicle owner is subject to verification by the Administration.

D. Disabled Persons.

(1) A waiver may be granted to the owner of a vehicle for which special registration plates have been issued under Transportation Article, §13-616, Annotated Code of Maryland, and which is driven 5,000 miles or less per year.

(2) In the case of more than one owner of a vehicle, all owners listed on the vehicle title must meet the disability requirements.

(3) All information provided by the vehicle owner is subject to verification by the Administration.

E. Deployed Military Personnel.

(1) A waiver may be granted to a vehicle owner who is an active duty member of the armed services of the United States if the following requirements are met:

(a) The vehicle owner has received military orders:

(i) For deployment outside the United States; or

(ii) To a duty station in a jurisdiction that is not subject to a vehicle emissions control inspection and maintenance program.

(b) All owners listed on the vehicle title have certified that at least one owner of the vehicle has met the criteria of §E(1)(a) of this regulation.

(2) All information provided by the vehicle owner is subject to verification by the Administration.

[.07] .08 Extensions.

A. The Administration may grant a time extension for a vehicle owner to comply with the requirements of this chapter. An extension may be granted only if the Administration determines that the vehicle owner has made [good faith] efforts to have the vehicle inspected or repaired and circumstances have developed which are beyond the reasonable control of the vehicle owner. An extension shall be of the shortest duration possible, as determined by the Administration.

B. (text unchanged)

C. Economic Hardship. The Administration may grant a time extension, not to exceed the period of the inspection cycle, to a motorist to obtain needed repairs on a vehicle in the case of economic hardship. The vehicle owner shall submit documentation, subject to verification by the Administration, that all vehicle owners listed on the vehicle title meet the Federal Poverty Level Guidelines as updated annually in the Federal Register by the U.S. Department of Health and Human Services under authority of 42 U.S.C. §9902(2).

[.08] .09 Enforcement.

A. (text unchanged)

B. If the vehicle is not issued a pass certificate, a waiver [certificate], or an extension on or before the date of scheduled inspection or, if applicable, the [end of the period of permitted operation] extension expiration date, a notice of suspension of registration shall be forwarded to the vehicle owner of record by the Administration. The notice shall:

(1)—(2) (text unchanged)

C. Suspension.

(1)—(2) (text unchanged)

(3) If the vehicle registration is suspended and a pass certificate, a waiver [certificate], or an extension has not been issued, the vehicle registration remains suspended and subsequent renewal of registration shall be denied until the vehicle is in compliance with the requirements of this chapter.

[.09] .10 Test Standards.

A.— C. (text unchanged)

[D. On-Highway Emissions Test. On-highway emissions test standards shall be specified by the Administration and the Department.]

[.10] .11 General Requirements for Inspection and Preparation for Inspection.

A. Emissions Related Recall. An inspector shall reject from inspection a vehicle which has not had repairs performed as required by an emissions-related recall notice, as specified in [Regulation .05D] Regulation .05C of this chapter.

B. (text unchanged)

[.12] .13 Failed Vehicle and Reinspection Procedures.

A. Failed Vehicle. The [inspector] contractor shall [refer] provide information as to the reason for the vehicle failure to the operator of a failed vehicle [to the vehicle emissions inspection program customer service representative for further information].

B. The contractor or the Administration may refer the vehicle operator to the motorist assistance center.

[B.] C. Reinspection.

(1) The inspector shall reject from reinspection a vehicle:

(a) For which the documentation required in [Regulation .05E(2)] Regulation .05D(2) of this chapter is not provided; or

(b) (text unchanged)

(2) The inspector shall collect the documentation required in [Regulation .05E(2)] Regulation .05D(2) of this chapter from the operator of each vehicle which is reinspected.

(3) For reinspection, the inspector shall perform the same inspection procedures as the initial inspection and apply the same inspection [standards, including the idle exhaust emissions test, catalytic converter check, and gas cap leak test, or the on-board diagnostics test, as applicable, regardless of the reason for initial failure].

[.13] .14 Quality Assurance and Maintenance.

A. The Contractor shall develop, maintain, and modify as required by the Administration and the Department a comprehensive quality assurance and maintenance plan for vehicle emissions inspection stations [and fleet inspection stations] complying with the provisions of this chapter, and shall implement the quality assurance plan after approval of the plan by the Administration and the Department.

B.—E. (text unchanged)

[F. Blind Sample Program Participation. The contractor shall participate in a nationally recognized blind gas sample program which has been approved by the Department, and shall:

(1) Analyze four samples each year;

(2) Analyze a sample once each year in each test lane; and

(3) Ensure that the blind sample vendor makes the results directly available to the Department.]

[G.] F. (text unchanged)

[.14] .15 Vehicle Emissions Inspection Station.

A. General Requirements.

 (1) [The contractor shall operate each vehicle emissions inspection station with contractor personnel, with overall supervision by the Administration and the Department.

(2)] The contractor shall make available to the Administration or the Department, as required, vehicle emissions inspection station equipment and personnel to perform quality assurance checks[,] and program evaluation functions[, and referee inspections].

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

[(4) The contractor, or a person employed by the contractor for inspection station operation, may not:

(a) Engage in, or have an interest in, the operation of automotive repair facilities located within the State;

(b) Perform emissions-related repairs for compensation;

(c) Recommend specific repairs or repair facilities to owners or operators of vehicles being inspected; or

(d) Promote the sale of vehicle diagnostic or repair equipment through the vehicle emissions inspection program.]

B. Fees.

(1) The [contractor shall collect the] fee established in COMAR 11.11.05 [from the vehicle owner for] shall be paid during or before an initial inspection or a second or subsequent reinspection.

(2) The [contractor shall collect the] late fee established in COMAR 11.11.05 [from a vehicle owner for] shall be paid during or before an initial inspection or reinspection [which is] performed after the date of scheduled inspection, or if applicable, [for a reinspection which is performed] after the [period of permitted operation] extension expiration date.

(3) The [contractor shall collect the] fee established in COMAR 11.11.05 [from the vehicle owner for] shall be paid during or before an inspection performed but not required under this chapter.

(4) (text unchanged)

[(5) If a certificate is lost or damaged, a vehicle owner may obtain certification from the Administration as to whether the vehicle is in compliance with emissions inspection requirements. The vehicle owner shall pay the fee established in COMAR 11.11.05.]

[.16] .17 Vehicle Data for Vehicle Repair Assistance.

A. — B. (text unchanged)

C. The contractor shall include [the] information specified [in Regulation .06A(3) of this chapter] by the Administration and the Department in the report.

[.17] .18 Master Certified Emissions Technician.

A. Initial Application and Certification.

(1) To qualify for certification, an individual shall:

(a) (text unchanged)

(b) Demonstrate 5 years of full-time employment experience as an automotive technician performing emissions-related repairs on on-road vehicles [not powered by diesel fuel or electricity], except that an individual with 2 full years of full-time education related to the repair of on-road vehicles [not powered by diesel fuel or electricity] need only demonstrate 4 years of the required employment; and

(c) (text unchanged)

(2) An individual qualifying for certification may submit an application to the Department. Upon approval of the application, the Department shall provide documentation of certification. Certification is valid through the earliest of the following dates:

[(a) 3 years from the date the certification is issued;]

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

B. —D. (text unchanged)

[.18] .19 Certified Emissions Repair Facility.

A. Initial Application and Certification.

[(1)] To qualify for certification, a person shall:

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

[(c)] (3) Possess all required equipment as listed in [§D] §C of this regulation;

[(d)] (4) Pass an audit as defined in [§G] §F of this regulation; and

[(e)] (5) Employ all required personnel as listed in [§E] §D of this regulation.

[(2) Certification under this section is valid for 3 years.]

[B. Certification Renewal.

(1) At least 60 days before expiration of certification, a person may apply for certification renewal. Upon approval of the completed application, the Department may extend the certification for an additional 3-year period.

(2) A certification which expires before receipt of the application by the Department may not be renewed. If a certification expires, a person may reapply according to the procedures of §A of this regulation.]

[C.] B. Suspension, Revocation, and Denial of [Renewal of] Certification.

(1) The Department may suspend, revoke, or deny [renewal of] a certification under any of the following conditions:

(a) — (b) (text unchanged)

(c) An audit under [§G] §F of this regulation is failed; or

(d) (text unchanged)

(2) — (4) (text unchanged)

[D.] C. Equipment and Tool Requirements.

[(1) An on-board diagnostics] A certified emissions repair facility shall possess and update as required [all of the following] diagnostic equipment and tools as specified by the Department, including but not limited to:

(a) — (g) (text unchanged)

[(2) In addition to the equipment specified in §D(1) of this regulation, an on-board diagnostics and idle test certified emissions repair facility shall possess an exhaust emissions analyzer approved by the Department.

(3) The list of approved exhaust emissions analyzers shall be available from the Department upon request.]

[E.] D. Personnel Requirements.

(1) (text unchanged)

(2) A certified emissions repair facility shall employ at least one full-time master certified emissions technician at each certified emissions repair facility location and ensure that a master certified emissions technician:

(a) (text unchanged)

(b) [Fills out completely the vehicle repair form] Provides documentation, in a form prescribed by the Administration and the Department, on the vehicle repairs performed and certifies [by signature on the vehicle repair form] that the repairs have been performed or supervised by a master certified emissions technician.

[F.] E. (text unchanged)

[G.] F. Audits.

(1) (text unchanged)

(2) An audit shall include:

(a) (text unchanged)

(b) Checks of record-keeping, equipment, [calibration gas,] and compliance with personnel requirements.

(3) Audit failure is cause for suspension, revocation, or denial of [renewal of] facility certification.

[(4) Uncooperative or abusive behavior by an employee, representative, or individual at a certified emissions repair facility is cause for audit failure.

(5) A certified emissions repair facility may not use any piece of equipment which fails an audit until a subsequent audit is passed.

(6) A certified emissions technician shall be present for the audit. An audit is failed if a certified emissions technician who is present at the facility fails to begin the audit within 30 minutes of the arrival of an auditor.

(7) The certified emissions repair facility shall allow further monitoring at the discretion of the Department to ensure quality control or to determine compliance with this chapter.]

[H.] G. Record Keeping.

(1) A certified emissions repair facility shall maintain the following records, separately and in chronological order, for a period of 3 years, at the facility or at an alternative location approved by the Department:

(a) Records of quality assurance procedures in compliance with the provisions of this chapter; and

(b) [Records of audits conducted by the Department; and

(c)] Vehicle repair records.

(2) (text unchanged)

.20 Fleet Inspection Station.

A. Initial Application and Licensure.

(1) — (2) (text unchanged)

(3) To qualify for licensure, an establishment shall comply with the following requirements:

(a) (text unchanged)

(b) Possess [the following] and update as required diagnostic equipment and tools as specified by the Department, including but not limited to:

(i)—(vi) (text unchanged)

(c)—(f) (text unchanged)

B. (text unchanged)

C. Audits.

(1)—(2) (text unchanged).

(3) The Department may:

(a) Monitor the emissions inspections conducted by a fleet inspection station; [and]

(b) Require re-inspection of a vehicle as a quality control or compliance measure; and

(c) Evaluate the ability of a master certified emissions technician to correctly perform an inspection.

D. (text unchanged)

E. Inspection Fees.

(1) A fleet inspection station shall pay to the contractor the fee established in [COMAR 11.11.05] COMAR. 11.11.05.06 for each official test conducted by the fleet inspection station.

(2) A fleet inspection station shall pay to the contractor the fee specified in [Regulation .14B] Regulation .15 of this chapter for an inspection or a reinspection conducted at a vehicle emissions inspection station.

(3) (text unchanged)

F. Test Equipment and Test Procedures. A fleet inspection station shall:

(1) Own or lease test equipment provided by the contractor that meets the requirements of [Regulation .11] Regulation .12 of this chapter;

(2)—(5) (text unchanged)

G. (text unchanged)

HORACIO A. TABLADA
Secretary of the Environment

CHRISTINE NIZER
Administrator
Motor Vehicle Administration

 

Title 14
INDEPENDENT AGENCIES

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

Notice of Proposed Action

[22-172-P]

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

(1) Regulations .02, .07, and .09 under COMAR 14.22.01 General Regulations; and

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

This action was considered at an open meeting held on July 12, 2022, notice of which was published in the Maryland Register pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to modify Regulations .02 and .07 under COMAR 14.22.01 General Regulations to limit the collection of sentencing guidelines worksheets for three-judge panel reviews to those involving a crime of violence and to clarify the definition of “reconsiderations.” Additionally, the purpose of this action is to modify Regulation .09 under COMAR 14.22.01 General Regulations to clarify the definition of “explosive” as it pertains to the assignment of weapon presence points in part C of the offense score. Lastly, the purpose of this action is to modify the table of seriousness categories (guidelines offense table) in Regulation .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories. The modifications include the addition of new offenses from the 2022 Legislative Session and minor edits to the table.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to David Soule, Executive Director, Maryland State Commission on Criminal Sentencing Policy, 4511 Knox Rd, Suite 309, College Park, MD 20742, or call 301-403-4165, or email to dsoule@umd.edu. Comments will be accepted through October 11, 2022. A public hearing has not been scheduled.

 

14.22.01 General Regulations

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

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(8) (text unchanged)

(9) Guidelines Offense.

(a) (text unchanged)

(b) “Guidelines offense” includes the following types of cases:

(i) (text unchanged)

(ii) [Reconsiderations imposed on a defendant for] Reconsiderations/modifications and three-judge panel reviews involving a crime of violence, as defined in Criminal Law Article, §14-101, Annotated Code of Maryland, [and reviews] if an adjustment was made to the active, original sentence. Guidelines-eligible reconsiderations/modifications include sentence adjustments imposed pursuant to Maryland Rule 4-345 or a Health-General Article, §8-507, Annotated Code of Maryland, order.

(c) (text unchanged)

(10)—(26) (text unchanged)

.07 Case Information.

A. The top section of the sentencing guidelines worksheet contains:

(1)—(6) (text unchanged)

(7) Disposition type, [reconsideration/review] modification to COV sentences, and representation;

(8)—(11) (text unchanged)

B.—P. (text unchanged)

.09 Offense Score.

A. (text unchanged)

B. Elements of the Offense Score.

(1)—(3) (text unchanged)

(4) Weapon Presence.

(a)—(c) (text unchanged)

(d) The individual completing the worksheet shall complete the weapon presence component of the offense score for each offense to be sentenced. The individual completing the worksheet shall apply the following rules:

(i) [Explosives are] Explosive material (as defined in Criminal Law Article, §4–501, Annotated Code of Maryland) is considered the same as [firearms] firearm;

(ii) Weapons other than firearms include [incendiaries] incendiary and toxic materials (as defined in Criminal Law Article, §4–501, Annotated Code of Maryland), knives, tire irons, and clubs;

(iii)—(viii) (text unchanged)

(5) (text unchanged)

C. (text unchanged)

 

____________________________________

 

14.22.02 Criminal Offenses and Seriousness Categories

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

.02 Seriousness Categories.

 

Offense Literal

CJIS
Code

Source

Felony or
Misd.

Max
Term

Min
Term

Offense Type

Ser.

Category

Fine

1—299 (text unchanged)

300

Perjury
Perjury—subornation of perjury

1-5004

CR, §9-102[(a)]

Misd.

10Y

 

Person

IV

 

301

Perjury
Perjury—willfully filing false
[income] tax returns[-perjury]

2-1180

TG, §13-1002[(b)]

CR, §9-101 (penalty)

Misd.

10Y

 

Property

IV

 

301-1

Perjury
Perjury—willfully make a false, fraudulent, or misleading statement under oath in a campaign finance report; submit a campaign finance report on behalf of another person without their consent

1-0996

EL, §14-109(c)

CR, §9-101 (penalty)

Misd.

10Y

 

Property

IV

 

301-2

Perjury
Perjury—willfully make a false, fraudulent, or misleading statement under oath in a statement filed by a person providing compensation to a lobbyist; make an electronic submission of a statement required by GP, §5-716 on behalf of another person without their consent

 

GP, §5-716(n)

CR, §9-101 (penalty)

Misd.

10Y

 

Property

IV

 

302 (text unchanged)

303

Perjury
[Affirmation of] Perjury—affirmation to two contradictory statements

2-5003

CR, §9-101(c)

Misd.

10Y

 

Property

IV

 

304—400-2 (text unchanged)

400-3

Weapons Crimes—In General
Purchase, receive, sell, offer to sell, or transfer an unfinished frame or receiver that has not been imprinted with a serial number in compliance with federal laws and regulations (i.e., a “ghost gun”)

1-1685

PS, §5-703(c)(1)

Misd.

5Y

 

Person

V

$10,000

400-4

Weapons Crimes—In General
Possess a firearm that has not been imprinted with a serial number in compliance with federal laws and regulations

1-1686

PS, §5-703(c)(2)

Misd.

2Y

 

Person

VI

$10,000

401—421 (text unchanged)

 

Footnotes (text unchanged)

General Rules: (text unchanged)

DAVID A. SOULE
Executive Director

____________________________________

 

Subtitle 39 INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION

14.39.07 Public School Facilities Educational Sufficiency Standards

Authority: Education Article, §5-310, Annotated Code of Maryland; Ch. 14, Acts of 2018

Notice of Proposed Action

[22-169-P]

The Interagency Commission on School Construction proposes to amend Regulation .01, adopt new Regulations .02 and .04—.17, and amend and recodify existing Regulation .02 to be Regulation .03 under COMAR 14.39.07 Public School Facilities Educational Sufficiency Standards. This action was considered by the Interagency Commission on School Construction at an open meeting held on July 14, 2022, notice of which was given by publication on the General Assembly website pursuant General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to codify the Educational Sufficiency Standards into COMAR.

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 Borghetti, Policy Analyst, Interagency Commission on School Construction, 200 W. Baltimore Street, Baltimore, MD 21201, or call 410-767-0742, or email to jonathan.borghetti@maryland.gov, or fax to 410-333-6522. Comments will be accepted through October 11, 2022. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Interagency Commission on School Construction during a public meeting to be held on September 8, 2022, at 9 a.m., at the link to which will be available at mdschoolconstruction.org.

.01 Purpose.

The purpose of Maryland Public School Facilities Educational Sufficiency Standards is to establish acceptable minimum levels for the physical attributes, capacity, and educational suitability of existing public [PreK—12] PreK-12 school facilities in order to assess existing facilities against a defined standard to identify deficiencies.

.02 Scope.

A. As required by Education Article, §5-310, Annotated Code of Maryland, the Facilities Educational Sufficiency Standards established in this chapter shall be used to complete assessments of existing school facilities Statewide.

B. The chapter is to be used for assessment purposes only and are not requirements for school facility design or construction.

C. This chapter may not supersede or obviate compliance with applicable building and fire codes or any other code, regulation, law, or standard that has been adopted by State agencies.

[.02] .03 General Requirements.

[A. The IAC shall periodically review the Facilities Educational Sufficiency Standards and update the Facilities Educational Sufficiency Standards.

B. As required by Education Article, §5-310, Annotated Code of Maryland, the Sufficiency Standards shall be used

to complete assessments of school facilities Statewide.

C. Each school facility shall be assessed at least once every 4 years.

D. The Facilities Educational Sufficiency Standards are to be used for assessment purposes only and are not requirements for school facility design or construction.]

A. Building Condition.

(1) A school facility shall be safe and capable of being maintained.

(2) A school facility shall be structurally sound. A school facility shall be considered structurally sound if the building presents:

(a) No imminent danger;

(b) No major visible signs of decay or distress; or

(c) Structural systems support the loads imposed on them.

(3) An exterior envelope is safe and capable of being maintained if:

(a) Walls and roof are weather-tight under normal conditions with routine upkeep; and

(b) Doors and windows are weather-tight under normal conditions with routine upkeep.

(4) An interior surface is safe and capable of being maintained if it is:

(a) Structurally sound;

(b) Capable of supporting a finish; and

(c) Capable of continuing in its intended use with normal maintenance and repair.

(5) An interior finish is safe and capable of being maintained if it is:

(a) Free of exposed lead paint;

(b) Free of exposed friable asbestos; and

(c) Capable of continuing in its intended use with normal maintenance and repair.

B. Building Systems.

(1) Building systems in a school facility shall be in working order and capable of being properly maintained.

(2) Building systems include but are not limited to the following:

(a) Roof;

(b) Plumbing;

(c) Telephone;

(d) Electrical;

(e) Heating and cooling systems;

(f) Fire alarm;

(g) Two-way internal communication;

(h) Technological infrastructure; and

(i) Security systems.

(3) A building system shall be considered to be in working order and capable of being maintained if the following apply:

(a) The system is capable of being operated as intended and maintained;

(b) Newly manufactured or cost-effective refurbished replacement parts are available;

(c) The system is capable of supporting the standards established in this rule; and

(d) Components of the system present no imminent danger of personal injury.

(4) Sanitary Facilities.

(a) Fixtures shall include but are not limited to the following:

(i) Water closets;

(ii) Urinals;

(iii) Lavatories; and

(iv) Drinking fountains.

(b) Wherever possible within reasonable cost constraints, restrooms shall be accessible to general classrooms for grades 3 and below and for special-needs classrooms without having to exit the building.

.04 Classifications of Public Schools.

The classifications for public schools under these standards are as follows:

A. Elementary School, which houses pre-kindergarten through grade 5 or any subset thereof;

B. Middle School, which houses grade 6 through grade 8;

C. High School, which houses grade 9 through grade 12;

D. Combination School, which houses a combination of any grade levels; and

E. Other School, which includes but is not limited to the following:

(1) Early-childhood-education centers;

(2) Special-education centers;

(3) Career-technology centers; and

(4) Alternative-education schools.

.05 School Site.

A. A school site shall be of sufficient size to accommodate safe access, parking, drainage, and security and shall have an adequate source of water and appropriate means of effluent disposal.

B. Safe Access.

(1) A school site shall be configured for safe and controlled access that separates pedestrian traffic from vehicular traffic.

(2) If buses are used to transport students, then bus loading and unloading areas shall be separated from vehicular-traffic areas wherever possible.

(3) Dedicated student drop-off and pickup areas shall be provided for safe use by student passengers arriving or departing by automobile.

C. Parking. A school site shall include a surfaced area that is capable of being maintained, stable, firm, slip resistant, and large enough to accommodate 1.5 parking spaces per full-time-equivalent employee and one student space per ten high school students. Alternative parking may be approved after the sufficiency of parking at the site is reviewed by the IAC based on the following criteria:

(1) Availability of street parking around the school;

(2) Availability of any nearby parking lots;

(3) Availability of public transit;

(4) Number of staff who drive to work on a daily basis; and

(5) Average number of visitors on a daily basis.

D. Drainage. A school site shall be configured such that runoff does not undermine the structural integrity of the school buildings located on-site or create flooding, ponding, or erosion resulting in a threat to health, safety, or welfare.

E. Security. All schools shall have safe and secure site fencing or other barriers with accommodations for safe passage through openings to protect students from the hazards of traffic, railroad tracks, animal nuisance, and steep slopes.

.06 Site Recreation and Outdoor Physical Education.

A. A school facility shall have area, space, and fixtures, in accordance with the standard equipment necessary to meet the educational requirements of the public education department, for physical-education activity.

B. An elementary school shall provide:

(1) At least one safe play area (and playground, including a hard surfaced court and unpaved recreation area, which shall be conveniently accessible to the students;

(2) At least one play area and appropriate equipment for physical education and school recreational purposes, based on the planned school program capacity;

(3) For schools that serve students in grade 5 and below, a protected play area; and

(4) Play-equipment areas with surfacing materials that meet or exceed safety specifications for shock-absorbing qualities as outlined by the U.S. Consumer Product Safety Commission.

C. A middle school shall provide at least one hard surfaced court and playing field for physical-education activities; and the number of playing fields and quantity and type of equipment shall be based on the planned school program capacity.

D. A high school shall provide a playing field for physical-education activities, and the number of laying fields and quantity and type of equipment shall be based on the planned school program capacity.

E. A combination school shall provide the elements of the grades served by §§B—D of this regulation without duplication, but shall meet the highest standard.

F. Other schools shall provide the elements above necessary to meet the educational requirements of the specific programs and capacity of the schools.

.07 Academic Classroom Space.

A. Classroom spaces, including those for physical education, shall be sufficient for educational programs that are appropriate for the class-level needs.

B. Classroom Fixtures and Equipment.

(1) With the exception of physical-education spaces, each general and specialty classroom shall contain a work surface and seat for each student in the classroom. The work surface and seat shall be appropriate for the normal activity of the class conducted in the room.

(2) Each general and specialty classroom shall have an erasable surface and a surface suitable for projection purposes, appropriate for group classroom instruction, and a display surface. A single surface may meet one or more of these purposes.

(3) Each general and specialty classroom shall have storage for classroom materials or access to conveniently located storage.

(4) With the exception of physical-education spaces and music-education spaces, each general and specialty classroom shall have a work surface and seat for the teacher and for any aide assigned to the classroom. The classroom shall have secure storage for student records that is located in the classroom or is conveniently accessible to the classroom.

C. Classroom Lighting.

(1) Each general and specialty classroom shall have a light system capable of maintaining at least 50 foot-candles of well-distributed light. A school shall provide appropriate task lighting in specialty classrooms where enhanced visibility is required.

(2) The light level shall be measured at a work surface located in the approximate center of the classroom, between clean light fixtures.

D. Classroom Temperature and Relative Humidity.

(1) Each general and specialty classroom shall have a heating, ventilation, and air conditioning (HVAC) system capable of maintaining a temperature between 68°F and 75°F and a relative humidity between 30 and 60 percent at full occupancy.

(2) The temperature and humidity shall be measured at a work surface in the approximate center of the classroom.

E. Classroom Acoustics.

(1) With the exception of physical-education spaces, each general and specialty classroom shall be maintainable at a sustained background sound level of less than 55 decibels.

(2) The sound level shall be measured at a work surface in the approximate center of the classroom.

F. Classroom Air Quality.

(1) Each general, science, and fine-arts classroom shall have an HVAC system that continuously moves air and is capable of maintaining a carbon dioxide level of not more than 1,200 parts per million.

(2) The air quality shall be measured at a work surface in the approximate center of the classroom.

.08 General Use Classrooms.

A. Cumulative classroom net square foot requirements, excluding in-classroom storage space and any in-classroom toilet rooms, shall be at least:

(1) For prekindergarten, 50 net square feet per student;

(2) For kindergarten, 50 net square feet per student;

(3) For grades 1—8, 32 net square feet per student; and

(4) For grades 9—12, 25 net square feet per student;

B. At least 2 net square feet per student shall be available for dedicated, in-classroom storage and may be provided vertically to avoid the need for additional floor area.

C. Sufficient number of classrooms shall be provided to meet State and local board mandated student-to-staff ratio requirements.

.09 Specialty Classrooms.

A. Special Education.

(1) To the maximum extent appropriate, students with disabilities shall be educated in the least restrictive environment with students who are not disabled. A continuum of alternative placements shall be provided.

(2) If a special-education space for pull-out purposes other than calming is provided and the space is required to support educational programs, services, and curricula, the space may not be smaller than 450 net square feet.

(3) When the need is demonstrated by a local education agency, additional space in the classroom shall be provided with, or students shall have an accessible route to an accessible unisex restroom with one toilet, sink, washer/dryer, and shower stall/tub, as needed, and at least 15 net square feet of storage.

(4) When the need is demonstrated by a local education agency, in 6th grade classrooms and above, a kitchenette of least 30 net square feet shall be provided.

B. Science Classrooms.

(1) For grades PreK through 5, no additional space is required beyond the classroom requirement.

(2 For grades 6 through 12, 4 net square feet per student of the specialty program capacity for science is required. The space may not be smaller than the average classroom at the facility. This space is included in the academic classroom requirement and may be used for other instruction. The space shall have science fixtures and equipment, in accordance with the standard equipment necessary to meet the educational requirements of the Maryland Science Content Standards.

(3) For grades 9 through 12 only, at least 40 net square feet of space is provided for securable, well-ventilated storage or prep space for each science room having science fixtures and equipment. Storage/prep rooms may be combined and shared between more than one classroom.

C. Fine-Arts Education.

(1) A school facility shall have classroom space to deliver fine-arts education programs which include the following:

(a) Art;

(b) Music;

(c) Dance; and

(d) Theater.

(2) Elementary school fine-arts education programs:

(a) May be accommodated within a general-use or dedicated arts classroom;

(b) Shall provide one dedicated classroom for each fine-arts subject area staffed with greater than 0.5 full-time fine-arts teacher; and

(c) Shall provide additional dedicated fine-arts program storage of at least 60 net square feet for each subject area per facility.

(3) A middle school shall provide classroom space for fine-arts education programs that:

(a) Contains no less than 4 net square feet per student of the specialty program capacity for fine-arts subjects;

(b) Provides one dedicated classroom for each fine-arts subject area staffed with greater than 0.5 full-time fine-arts teacher; and

(c) Provides additional 60 net square feet of storage for each fine-arts program subject.

(4) A high school shall provide classroom spaces for fine-arts education programs that contain no less than 5 net square feet of the specialty program capacity for fine-arts subjects.

(5) A combination school shall provide the elements of the grades served by §C(1)—(4) of this regulation without duplication but meeting the highest square footage standards.

(6) Other schools shall provide the elements included in §C(1)—(4) of this regulation that are necessary to meet the educational requirements of the specific programs and capacity of the schools.

D. Technology Education and Computer Science.

(1) For grades K through 5, no additional space is required beyond the classroom requirement.

(2) For grades 6 through 8, 3 net square feet, and 4 net square feet for grades 9 through 12, of the specialty program capacity for technology education and family and consumer science is required. The space shall be no smaller than the average classroom at the facility. This space is included in the academic classroom requirement and may be used for other instruction.

(3) The space shall have technology fixtures and equipment, in accordance with the standard equipment necessary to meet the educational requirements of the Maryland Technology Education Content Standards, and, in high school, the requirements of Maryland Advanced Technology Education electives where such electives are offered.

(4) Provide at least 80 net square feet for securable, well-ventilated storage/prep space for each technology education room having technology fixtures and equipment. Storage/prep rooms may be combined and shared between more than one classroom.

E. Career and Technology Education.

(1) Elementary schools have no requirement.

(2) Middle schools shall include space for career-development and career-exploration activities. Each program lab or classroom space shall be no smaller than 650 net square feet.

(3) High School Career and Technology Education.

(a) Program space shall be provided with no less than 4 net square feet of the specialty program capacity of the school for career education.

(b) Each program lab or classroom space shall be no smaller than 650 net square feet.

(c) Spaces for programs requiring licensing, certification, or accreditation by a State board or agency shall meet all applicable health and safety standards. Cosmetology and barber programs shall comply with the sanitation requirements of the State Board of Cosmetologists and the State Board of Barbers, respectively.

(4) A combination school shall provide the elements of the grades served by §E(1)—(3) of this regulation without duplication, but meeting the higher standards.

(5) Other schools shall provide the elements above necessary to meet the educational requirements of the specific programs and capacity of the schools.

.10 School Library/Media Center.

A. A school facility shall have a unified school library/media program for the use of all students which shall include an organized and centrally managed collection of instructional materials and technologies and direct instruction.

B. Elementary schools shall include an area for stacks and seating space which shall be at least 3 net square feet of the planned school program capacity. The instructional space may not be smaller than the average classroom at the facility. In addition, office/workroom space and secure storage shall be provided.

C. Middle and high schools shall include an area for stacks and seating space which shall be at least 3 net square feet of the planned school program capacity. The space may not be smaller than the average classroom at the facility. In addition, office/workroom space and secure storage shall be provided.

D. Combination schools shall include the elements of the grades set out in §§B and C of this regulation without duplication, but meeting the higher standards.

E. Other schools shall include the elements in §§A—D of this regulation necessary to meet the educational requirements of the specific programs and capacity of the schools.

.11 Physical Education.

A. General Requirements.

(1) Each school shall provide an instructional program in physical education each year for all students in grades PreK-8. Each school shall offer a physical-education program in grades 9—12 which shall enable students to meet graduation requirements and to select physical-education electives. The following minimum spaces are required:

(a) A gymnasium;

(b) A teacher office or planning area;

(c) Equipment storage; and

(d) An outdoor instructional playing field.

(2) Elementary schools shall include a gymnasium with at least 2,200 net square feet. This space may have multi-purpose use in accommodating other educational program activities such as art program performances.

(3) Middle schools shall include a gymnasium with a minimum of 5,200 net square feet plus an additional 4 net square feet times 40 percent of the enrollment of the school devoted to bleacher seating.

(4) High schools shall include a gymnasium with at least 6,500 net square feet plus an additional 4 net square feet times 40 percent of the enrollment of the school devoted to bleacher seating.

(5) Combination schools shall include the elements of the grades served by §A(2)—(4) of this regulation without duplication, but meeting the higher net square feet standards.

(6) Other schools shall include the elements above necessary to meet the educational requirements of the specific programs and capacity of the schools.

B. Physical-Education Requirements in Addition to Space Requirements in §A of This Regulation.

(1) Elementary schools shall include one office. Separate physical-education equipment storage shall be provided.

(2) Middle schools shall include one office. Separate physical-education equipment storage space shall be provided.

(3) High schools shall include two dressing rooms with lockers, showers, and restroom fixtures. Two offices shall be provided. Separate physical-education equipment storage space shall be provided.

(4) Combination schools shall include the elements of the grades served by §B(1)—(3) of this regulation without duplication, but meeting the higher standards.

(5) Other schools shall provide the elements above necessary to meet the educational requirements of the specific programs and capacity of the schools.

.12 Food Services.

A. Dining Area. A school facility shall have a space to permit students to eat within the school outside of general classrooms. This space may have more than one function and may fulfill more than one sufficiency standards requirement. The dining area shall be sized to accommodate no less than one third of the planned school program capacity of the school. The dining area shall have no less than 15 net square feet per seated student.

B. Serving Area. A serving area shall be provided in addition to a dining area.

C. Kitchen Area. A kitchen shall have a telephone, plumbing providing potable water, a sink suitable for use both in preparing food and washing utensils, and a separate hand-washing sink. Kitchen and equipment shall comply with either the food preparation kitchen or the serving kitchen standards defined as follows:

(1) Food preparation kitchen: Provide at least the greater of:

(a) A minimum of 2 net square feet per meal served during the single largest serving period; or

(b) No fewer than 2 square feet per enrolled student eligible for free or reduced-price meals.

(2) Serving kitchen: Where food is not prepared, there shall be a minimum of 200 net square feet.

.13 Other Facility Areas.

A. Administrative Space. A school facility shall have space to be used for the administration of the school. The space shall consist of a minimum of 150 net square feet, plus 1 net square foot per student of the planned school program capacity.

B. Faculty Workroom/Lounge. A school facility shall have a workspace/lounge available to the faculty. This space is in addition to any workspace/lounge available to a teacher in or near a classroom. The space shall consist of 1 net square foot per student of the planned school program capacity with no less than 150 net square feet. The space may consist of more than one room and may have more than one function. This space shall include a break area with a sink.

C. Health Services. A school facility shall have a dedicated health services space with a minimum of 500 net square feet that includes:

(1) Areas for waiting, examination and treatment, resting, storage;

(2) An accessible toilet room;

(3) A separate room for private consultations and for use as a health service professional’s office;

(4) Lockable cabinets for medical records and medications; and

(5) At least one sink that provides both hot and cold water in addition to the sink in the toilet room.

D. Pupil Services. A school shall provide a coordinated program of pupil services for all students, which shall include, but not be limited to, school counseling, pupil personnel, school psychology, and health services. The school facility shall provide a minimum of 120 net square feet for each discipline, except school health services, and be staffed with greater than a 0.5 full-time professional.

.14 General Storage.

For general storage, which excludes lockers, janitorial, kitchen, general classroom, specialty classrooms, and administrative storage, at least 1 net square foot of the planned school program capacity may be distributed in or throughout any type of room or space, but may not count toward required room square footages. General storage shall be securable and include textbook storage.

.15 Maintenance and Janitorial Space.

Each school shall designate 0.5 net square feet per student of the planned school program capacity for maintenance and janitorial space. Janitorial space shall include a janitorial sink.

.16 Standards Variance.

The IAC may grant a variance from any of the Sufficiency Standards if it determines that the intent of the standard can be met by the school system in an alternate manner or if a variance is required for appropriate programmatic needs as demonstrated by the school system. If the IAC grants the variance, the school system shall be deemed to have met the standard.

.17 Facility Assessment.

Each school facility shall be assessed at least once every 4 years.

ALEX DONAHUE
Acting Executive Director

 

Title 18
DEPARTMENT OF ASSESSMENTS AND TAXATION

Subtitle 03 PERSONAL PROPERTY ASSESSMENTS

18.03.02 Filings

Authority: Tax-Property Article, §§2-201, 2-202, and 11-101, Annotated Code of Maryland

Notice of Proposed Action

[22-162-P]

     The Director of Assessments and Taxation proposes to amend Regulation .01 under COMAR 18.03.02 Filings.

Statement of Purpose

The purpose of this action is to permit the Department to accept annual reports signed with an exact copy of an original inked signature.

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, SDAT, 301 W. Preston Street, Baltimore, MD 21201, or call 410-767-5754, or email to jonathan.glaser@maryland.gov, or fax to 410-333-5873. Comments will be accepted through October 11, 2022. A public hearing has not been scheduled.

.01 Annual Report.

Annual reports required to be filed with the State Department of Assessments and Taxation, pursuant to the provisions of Tax-Property Article, §11-101, Annotated Code of Maryland, shall be submitted to the Department on a form generated by the Department, on a substantially similar form, or through an approved online filing system. The signature of the person signing the report shall be an original inked signature, an exact copy of an original inked signature, or an electronic signature acceptable to the Department under Commercial Law Article, §21-117, Annotated Code of Maryland.

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

 

Subtitle 03 PERSONAL PROPERTY ASSESSMENTS

18.03.06 Small Businesses

Authority: Tax-Property Article, §§2-201, 2-202, and 7-227, Annotated Code of Maryland

Notice of Proposed Action

[22-164-P]

     The Director of Assessments and Taxation proposes to amend Regulation .02 under COMAR 18.03.06 Small Businesses.

Statement of Purpose

The purpose of this action is to add language referencing the controlling statutory section so that the regulation will not need to be amended every time the General Assembly makes a change to the exemption dollar figure set forth in Tax-Property Article, §7-227, Annotated Code of Maryland.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jonathan Glaser, Legislative Director, SDAT, 301 W. Preston Street, Baltimore, MD 21201, or call 410-767-5754, or email to jonathan.glaser@maryland.gov, or fax to 410-333-5873. Comments will be accepted through October 11, 2022. A public hearing has not been scheduled.

.02 Criteria for Exemption.

To qualify for the small business personal property exemption under Tax-Property Article, [§7-227(c)] §7-227, Annotated Code of Maryland, the following criteria shall be met:

A.—B. (text unchanged)

C. The total original cost of all business personal property owned by the individual, excluding vehicles exempt under Tax-Property Article, §7-230, Annotated Code of Maryland, shall be [less than $10,000] as provided by Tax-Property Article, §7-227, Annotated Code of Maryland.

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

 

Subtitle 04 BUSINESS ORGANIZATIONS

18.04.02 Name Availability

Authority: Tax-Property Article, §2-201; Corporations and Associations Article, §§1-406, 1-508, 2-106, 4A-208, 4A-1004, 5-106, 7-101, 7-203,
[9-1003, 9-1004, 9-1103] 9A-1003, 9A-1004, 9A-1103, 10-102, and 10-103; Annotated Code of Maryland

Notice of Proposed Action

[22-160-P]

     The Director of Assessments and Taxation proposes to amend Regulation .04 under COMAR 18.04.02 Name Availability.

Statement of Purpose

The purpose of this action is to add two new circumstances where the names of business organizations are not distinctive on the Department's records.

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, SDAT, 301 W. Preston Street, Baltimore, MD 21201, or call 410-767-5754, or email to jonathan.glaser@maryland.gov, or fax to 410-333-5873. Comments will be accepted through October 11, 2022. A public hearing has not been scheduled.

.04 Nondistinctive Factors.

A. (text unchanged)

B. [Factors or Words.] Factors, Words, Letters, or Punctuation.

(1)—(4) (text unchanged)

(5) Use of “A”.

(a) When the only difference between two entity names is the presence or absence of the letter “A” where “A” is used as an indefinite article, the names are not distinctive.

(b) Example: “A Dog’s Life LLC” is not distinctive from “Dog’s Life LLC”.

(6) Punctuation.

(a) When the only difference between two entity names is the presence or absence of punctuation, the names are not distinctive.

(b) Example: “The EFG, LLC” is not distinctive from “The EFG LLC”.

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

 

Subtitle 04 BUSINESS ORGANIZATIONS

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

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

Notice of Proposed Action

[22-166-P]

     The Director of Assessments and Taxation proposes to amend Regulation .02 under COMAR 18.04.05 Revival or Reinstatement of Entity Charters or Authority to Do Business.

Statement of Purpose

The purpose of this action is to allow the Department to accept evidence of tax payment upon revival or reinstatement other than solely by a certificate from local government and to eliminate a requirement that the reviving/reinstating entity supply an affidavit of tax payment.

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, SDAT, 301 W. Preston Street, Baltimore, MD 21201, or call 410-767-5754, or email to jonathan.glaser@maryland.gov, or fax to 410-333-5873. Comments will be accepted through October 11, 2022. A public hearing has not been scheduled.

.02 Evidence of Tax Payment.

In order for the Department to accept articles of revival, reinstatement, or a certificate of reinstatement for an entity, [the following requirements shall be satisfied:

A. There] there shall be confirmation of personal property tax payment, acceptable to the Department, from each subdivision of Maryland where assessments on personal property have been certified[; and

B. An affidavit from a representative of the entity shall be submitted with the articles or certificate. It shall indicate that all State and local taxes, except taxes on real estate, and all interest and penalties due by the entity, or which would have become due if the charter or authority to do business had not been forfeited, are paid, whether or not barred by limitations].

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

Subtitle 04 BUSINESS ORGANIZATIONS

18.04.06 Transfers of Real Property

Authority: Tax-Property Article, §2-201; Real Property Article, §3-104; Annotated Code of Maryland

Notice of Proposed Action

[22-167-P]

     The Director of Assessments and Taxation proposes to amend Regulation .01 under COMAR 18.04.06 Transfers of Real Property.

Statement of Purpose

The purpose of this action is to remove a reference to articles of transfer which are no longer viable under Maryland law.

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, SDAT, 301 W. Preston Street, Baltimore, MD 21201, or call 410-767-5754, or email to jonathan.glaser@maryland.gov, or fax to 410-333-5873. Comments will be accepted through October 11, 2022. A public hearing has not been scheduled.

.01 Evidence of Tax Payment.

A. (text unchanged)

B. Documents covered by this regulation include, but are not limited to:

[(1) Articles of transfer;]

[(2)] (1)[(4)] (3) (text unchanged)

C. (text unchanged)

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

 

Subtitle 04 BUSINESS ORGANIZATIONS

18.04.07 Acceptance of Documents

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

Notice of Proposed Action

[22-163-P]

     The Director of Assessments and Taxation proposes to amend Regulation .02 under COMAR 18.04.07 Acceptance of Documents.

Statement of Purpose

The purpose of this action is to give the Department discretion, for demonstrated good cause, to assign a retroactive acceptance date to a resubmitted charter filing.

 

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, SDAT, 301 W. Preston Street, Baltimore, MD 21201, or call 410-767-5754, or email to jonathan.glaser@maryland.gov, or fax to 410-333-5873. Comments will be accepted through October 11, 2022. A public hearing has not been scheduled.

.02 Procedure.

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

(1)—(3) (text unchanged)

B. Resubmitted Filings. A resubmitted document may retain the date that the document is first received by the Department as the acceptance date if, at the program manager’s discretion, the filer demonstrates good cause for that acceptance date.

[B.] C. (text unchanged)

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

 

Subtitle 04 BUSINESS ORGANIZATIONS

18.04.08 Expedited Filing Service

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

Notice of Proposed Action

[22-165-P]

The Director of Assessments and Taxation proposes to amend Regulations .02 and .03 and adopt new Regulations .06 and .07 under COMAR 18.04.08 Expedited Filing Service.

Statement of Purpose

The purpose of this action is to insert the Department's Business Services Unit as the repository for expedited document filings, clarify the methods for requesting expedited document service, set fee tiers as permitted by Corporations and Associations Article, §1-203.2, Annotated Code of Maryland, and set forth the Department's responsibilities when expedited filings have been accepted.

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, SDAT, 301 W. Preston Street, Baltimore, MD 21201, or call 410-767-5754, or email to jonathan.glaser@maryland.gov, or fax to 410-333-5873. Comments will be accepted through October 11, 2022. A public hearing has not been scheduled.

.02 Types of Expedited Service.

The [Corporate Charter Division] Business Service Unit shall make the following services available on an expedited basis to the extent that budgetary, personnel, or equipment considerations allow:

A.—C. (text unchanged)

D. Review and acceptance for record or rejection of Uniform Commercial Code documents, trade name [documents] registrations, trade name amendments, trade name cancellations, and name reservation documents.

.03 Methods of Expedited Service.

Requests for expedited service are received and processed using the following methods in the Department's discretion:

[A. In person on a walk-in basis;

B. By fax;

C. By mail; or

D. By internet or electronic mail transmission.]

A. In hard copy delivered or dropped off at the Department’s headquarters office;

B. In hard copy by mail; or

C. In electronic format by Internet or electronic mail transmission.

.06 Fee Tiers.

A. Documents filed in hard copy with a request to be processed under Corporations and Associations Article, §1-203.2(b)(1), Annotated Code of Maryland, shall be accompanied by an expediting fee of $425.

B. Documents filed online with a request to be processed under Corporations and Associations Article, §1-203.2(b)(1), Annotated Code of Maryland, shall be accompanied by an expediting fee of $325.

C. Documents filed in hard copy or online with an expedited request not under Corporations and Associations Article, §1-203.2(b)(1), Annotated Code of Maryland, shall be accompanied by an expediting fee of $50 unless otherwise provided by law.

.07 Filing Acknowledgement.

After a document filed on an expedited basis has been accepted, as promptly as practicable based upon the time and manner by which the filing is transmitted to the Department, the Department shall:

A. Return to the filer evidence acknowledging the successful filing, any requested good standing certificates, and any requested certified copies of filed documents; and

B. Post record of the filing to the Department's business registry.

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

 

Subtitle 04 BUSINESS ORGANIZATIONS

18.04.10 Administration of Trade Names

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

Notice of Proposed Action

[22-168-P]

The Director of Assessments and Taxation proposes to amend Regulation .05 under COMAR 18.04.10 Administration of Trade Names.

Statement of Purpose

The purpose of this action is to remove the requirement that the Department mail blank trade name renewal applications to customers with expiring trade names and instead permit the mailing of expiration notices, and to require that a customer's SDAT identification number be included on a trade name renewal application.

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, SDAT, 301 W. Preston Street, Room 605, Baltimore, MD 21201, or call 410-767-5754, or email to jonathan.glaser@maryland.gov, or fax to 410-333-5873. Comments will be accepted through October 11, 2022. A public hearing has not been scheduled.

.05 Renewal.

A.—D. (text unchanged)

E. The Department shall[:

(1) Determine] determine the form of a renewal application[; and

(2) Except for certificates cancelled on the Department's records, mail a blank renewal application, during the 6-month period mentioned in §C of this regulation, to the person listed as principal or owner in the certificate, amended certificate, or most recent renewal application].

F. Except for certificates canceled on the Department's records, the Department may mail a notice of impending expiration of the trade name, during the 6-month period mentioned in §C of this regulation, to the person listed as principal or owner in the certificate, amended certificate, or most recent renewal application.

[F.] G. A completed renewal application shall:

(1)—(2) (text unchanged)

(3) State the SDAT identification number of the associated business;

[(3)] (4)—[(4)] (5) (text unchanged)

[G.] H. The Department's failure to mail a renewal application form pursuant to [§E] §F of this regulation does not suspend the obligation to file a completed renewal application.

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

Subtitle 11 TAX PAYMENTS

18.11.01 Tax Payments—Immediately Available Funds

Authority: Tax-Property Article, §2-201; Tax-General Article, §13-104; Annotated Code of Maryland

Notice of Proposed Action

[22-161-P]

The Director of Assessments and Taxation proposes to amend Regulations .01—.05 under COMAR 18.11.01 Tax Payments—Immediately Available Funds.

Statement of Purpose

The purpose of this action is to remove references to an ACH Debit as a method to pay franchise tax liability as it is no longer supported by a State contract servicer.

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, SDAT, 301 W. Preston Street, Baltimore, MD 21201, or call 410-767-5754, or email to jonathan.glaser@maryland.gov, or fax to 410-333-5873. Comments will be accepted through October 11, 2022. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

[(2) "ACH debit" means a transaction in which the Treasurer, through a designated depository bank and an automated clearing house, originates an ACH transaction debiting the taxpayer's bank account and crediting the State's bank account for the amount of the payment due.]

[(3)] (2)—[(5)] (4) (text unchanged)

[(6)] (5) "Immediately available funds" means an ACH credit, [ACH debit,] U.S. currency, or wire transfer.

[(7)] (6)—[(11)] (10) (text unchanged)

.02 Requirements for Payment by Immediately Available Funds.

A. A taxpayer whose unpaid tax liability is $10,000 or more shall remit payment by immediately available funds pursuant to the following:

(1) Except as provided in §A(2) [and (3)] of this regulation, tax payment shall be made by using ACH credit; or

[(2) Tax payment by ACH debit may be used if the taxpayer receives prior approval from the Department;]

[(3)] (2) Tax payment by wire transfer may be used if the taxpayer:

(a)—(c) (text unchanged)

B. (text unchanged)

C. A separate ACH credit[, ACH debit,] or wire transfer [as] allowed under §A of this regulation shall be made for each type of tax and for each period for which the tax is due.

D. (text unchanged)

.03 Registration.

A person making a payment [by ACH debit, or] as an agent for a taxpayer[,] may be required to register with the Department before initiation of an ACH tax payment.

.04 Use of ACH Payments.

A. (text unchanged)

[B. ACH Debit.

(1) A taxpayer shall furnish to the Department the banking information necessary to generate ACH debits against the taxpayer's designated account.

(2) When a taxpayer's information used to generate ACH debit against the taxpayer's account changes, the taxpayer shall provide the new banking information to the Department 30 days before initiating an ACH transaction.]

[C.] B. (text unchanged)

.05 Miscellaneous Filing and Reporting Provisions.

A. The Department may require persons remitting taxes by ACH credit[, ACH debit,] or wire transfer method to file an annual reconciliation report.

B. A taxpayer who remits taxes by ACH credit[, ACH debit,] or wire transfer method shall indicate that fact on all tax returns required to be filed for that period for which tax payment is being made.

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

 

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

Subtitle 01 GENERAL

30.01.02 Documents Incorporated by Reference

Authority: Education Article, §§13-509 and 13-516, Annotated Code of Maryland

Notice of Proposed Action

[22-170-P]

The Maryland State Emergency Medical Services Board proposes to amend Regulation .01 under COMAR 30.01.02 Documents Incorporated by Reference. This action was considered by the EMS Board and its regular meeting on June 14, 2022.

Statement of Purpose

The purpose of this action is to update the documents incorporated by reference to reflect the newest versions of the documents.

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 Sarah Sette, Assistant Attorney General, MIEMSS, 653 West Pratt St, Baltimore, MD, 21201, or call (410)706-8514, or email to ssette@miemss.org, or fax to . Comments will be accepted through October 11, 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 following have been declared documents generally available to the public and appropriate for incorporation by reference:

   (1) Maryland Medical Protocols for Emergency Medical Services (MIEMSS July 1, 2022 Edition);

   (2) Maryland State Trauma Registry Data Dictionary for Adult Patients (MIEMSS March 12, 2022 Edition); and

   (3) Maryland State Trauma Registry Data Dictionary for Pediatric Patients (MIEMSS May 25, 2022 Edition).

   For this reason, they will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of these documents are filed in special public depositories located throughout the State. A list of these depositories was published in 49:1 Md. R. 9 (January 3, 2022), and is available online at www.dsd.state.md.us. These documents may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

.01 Incorporation by Reference.

A. (text unchanged)

B. Documents Incorporated.

(1) “Maryland Medical Protocols for Emergency Medical Services (MIEMSS July 1, [2021] 2022 Edition)”. This document can be obtained through the Maryland Institute for Emergency Medical Services Systems at 653 W. Pratt Street, Baltimore, Maryland 21201 (410-706-4449).

(2) “Maryland State Trauma Registry Data Dictionary for Adult Patients (MIEMSS [April 21, 2017] March 12, 2022 Edition)”. This document can be obtained through the Maryland Institute for Emergency Medical Services Systems at 653 W. Pratt Street, Baltimore, Maryland 21201 (410-706-4449).

(3) “Maryland State Trauma Registry Data Dictionary for Pediatric Patients (MIEMSS [July 1, 2017] May 25, 2022 Edition)”. This document can be obtained through the Maryland Institute for Emergency Medical Services Systems at 653 W. Pratt Street, Baltimore, Maryland 21201 (410-706-4449).

(4) (text unchanged)

THEODORE R. DELBRIDGE, M.D.
Executive Director

 

 

Errata

COMAR 33.11.03

     At 49:17 Md. R. 788 (August 12, 2022), column 1, line 10 from the top:

     For:       (2) Regulation .06 under COMAR 33.11.03
                   Return of Ballot
.

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

[22-19-12]

 

 

Special Documents

 

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Commission Meeting

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 
SUMMARY:  The Susquehanna River Basin Commission will conduct its regular business meeting on September 15, 2022 in Baltimore, Maryland.  Details concerning the matters to be addressed at the business meeting are contained in the Supplementary Information section of this notice. Also the Commission published a document in the Federal Register on July 12, 2022, concerning its public hearing on August 11, 2022, in Harrisburg, Pennsylvania. 

 

DATES:  The meeting will be held on Thursday, September 15, 2022, at 9 a.m.

 

ADDRESSES:  This public meeting will be conducted in person and digitally from the Caracas Room, Kimpton Hotel Monaco Baltimore at 2 North Charles Street, Baltimore, Maryland 21201.

 

FOR FURTHER INFORMATION CONTACT:  Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: 717-238-0423; fax: 717-238-2436.

 

SUPPLEMENTARY INFORMATION:  The business meeting will include actions or presentations on the following items: (1) adoption of a revised Civil Penalty Matrix and a revised Policy and Guidance Statement for the Settlement of Civil Penalties/Enforcement Actions; (2) adoption of the Commission’s Fiscal Year 2024 Budget; (3) adoption of member jurisdictions allocation for FY2024; (4)  approval of contracts, grants and agreements; (5)  and actions on 20 regulatory program projects.

This agenda is complete at the time of issuance, but other items may be added, and some stricken without further notice. The listing of an item on the agenda does not necessarily mean that the Commission will take final action on it at this meeting. When the Commission does take final action, notice of these actions will be published in the Federal Register after the meeting. Any actions specific to projects will also be provided in writing directly to project sponsors.

The meeting will be conducted both in person at the U.S. Army Corps of Engineers, Baltimore District headquarters and digitally.  The public is invited to attend the Commission’s business meeting. You can access the Business Meeting through a computer (Audio and Video) by following the link: https://srbc.webex.com/srbc/j.php?MTID=m296635b23fd682a18bc26d79257993b5 then enter meeting number 177 385 1780 and password CommBusMtg0915. You may also participant telephonically by dialing 1-877-668-4493 and entering the meeting number 177 385 1780 followed by the # sign.

Written comments pertaining to items on the agenda at the business meeting may be mailed to the Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, Pennsylvania 17110-1788, or submitted electronically through www.srbc.net/about/meetings-events/business-meeting.html. Such comments are due to the Commission on or before August 22, 2022. Comments will not be accepted at the business meeting noticed herein.

 

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

 

DATED: August 12, 2022.

JASON E. OYLER,
General Counsel and Secretary to the Commission

[22-19-03]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 22-WQC-0017

 

Maryland Dept of Natural Resources

C/o Jared Freeman

Whitney, Bailey, Cox & Magnani, Inc

300 E Joppa Rd; Ste 200

Towson, Maryland 21286

 

Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 22-WQC-0017.

 

Location: 137 Deep Shore Road, Denton, MD 21629

 

The purpose of this project is to improve navigable access.

Project description: remove an existing timber pier; construct and backfill 930 linear feet of replacement bulkhead within a maximum of 18 inches channelward of a deteriorated bulkhead; remove and replace in-kind 10 linear feet of stone revetment in order to replace bulkhead; replace the existing boat ramp by constructing a 70-foot long by 35-foot, 7-inch wide concrete boat ramp all within a maximum of 49 feet channelward of the mean high water line; construct an 80-foot long by 8-foot wide by floating loading pier within the boat ramp all within a maximum of 59 feet channelward of the mean high water line, construct a 6-foot wide by 32-foot long floating finger pier with widened area joining the pier; construct a 20-foot long by 5-foot wide modular kayak launch attached to 4 timber anchor piles; and construct a 45-foot long floating debris deflection boom attached to one anchor pile; all to extend a maximum of 36 feet channelward of the mean high water line.

 

The WQC and its attachments may be viewed at the following link:

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx

 

Appeal of Final Decision. This Water Quality Certification is a final agency decision. Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision, and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.

 

Contact: Mary Phipps-Dickerson at Mary.Phipps-Dickerson@maryland.gov or (410) 509-0797.

[22-19-10]

MARYLAND HEALTH CARE COMMISSION

AVERAGE ANNUAL BED OCCUPANCY RATE AND AVERAGE ANNUAL NUMBER OF LICENSED NURSING HOME BEDS BY JURISDICTION AND REGION:
MARYLAND, FISCAL YEARS 2018—2020

 

Average Annual Occupancy (%) *

Average Annual Number of Beds **

Region/Jurisdiction

FY 2018

FY 2019

FY 2020

FY 2018

FY 2019

FY

2020

Western Maryland

 

87.1

85.7

77.3

4,187

4,204

4,220

 

Allegany County

84.9

82.4

77.6

908

908

908

 

Carroll County

87.7

86.0

74.6

921

921

921

 

Frederick County

87.5

86.8

76.0

1,081

1,078

1,078

 

Garrett County

87.3

85.5

81.0

316

316

317

 

Washington County

88.2

87.5

80.0

960

981

996

 

 

 

 

 

 

 

 

Montgomery County

 Montgomery County

84.6

84.7

 

77.8

4,546

4,538

4,567

 

 

 

 

 

 

 

 

Southern Maryland

 

89.3

89.4

 

81.9

4,254

4,306

4,334

 

Calvert County

79.3

80.3

76.9

292

292

292

 

Charles County

91.5

94.1

83.6

495

498

507

 

Prince George’s County

88.9

88.8

81.1

2,904

2,953

2,969

 

St Mary’s County

94.6

93.4

87.2

563

563

565

 

 

 

 

 

 

 

 

Central Maryland

 

88.0

86.7

79.3

12,152

12,164

12,1545

 

Anne Arundel County

87.0

85.7

77.7

1,764

1,764

1,763

 

Baltimore City

90.4

88.4

 

83.6

3,709

3,721

3,717

 

Baltimore County

86.9

85.8

77.6

5,315

5,292

5,253

 

Harford County

87.5

83.8

73.3

769

783

817

 

Howard County

87.9

90.4

81.0

595

604

604

 

 

 

 

 

 

 

 

Eastern Shore

 

81.6

80.1

 

71.2

2,587

2,640

2,598

 

Caroline County

82.3

81.7

77.4

187

193

193

 

Cecil County

90.1

92.4

86.6

401

466

442

 

Dorchester County

 78.2

  78.1

73.9

239

233

233

 

Kent County

78.3

76.1

72.7

228

228

228

 

Queen Anne’s County

84.9

76.0

67.0

120

120

120

 

Somerset County

86.7

88.9

64.3

211

211

211

 

Talbot County

77.6

71.0

56.7

269

269

253

 

Wicomico County

79.1

76.6

68.6

624

613

613

 

Worcester County

78.4

75.6

65.1

307

307

305

 

 

 

 

 

 

 

 

MD Total

86.9

86.0

 

78.4

27,725

27,852

27,873

 

* Licensed Beds Occupancy Rate is based on a ratio of total patient days to total available licensed nursing home days, which excludes temporarily delicensed beds.

** Average Annual Number of Beds is calculated by dividing the total available days by 365 days in FY 2018 and FY 2019 and 366 days in FY 2020.

Source:  Maryland Health Care Commission, 2018-2020 Long Term Care Survey; 2018-2020 Nursing Home Inventory Records; FY 2018-2020 Maryland Medical Assistance Program, unaudited 2020 cost reports.

[22-19-06]

 

REQUIRED MARYLAND MEDICAL ASSISTANCE PARTICIPATION RATES FOR NURSING HOMES BY REGION AND JURISDICTION: FISCAL YEAR 2020

 

Region/Jurisdiction

 

Required Medicaid  Participation Rate*

Western Maryland

 

50.2

Allegany County

58.3

 

Carroll County

46.7

 

Frederick County

44.2

 

Garrett County

61.6

 

Washington County

48.3

 

 

Montgomery County

44.4

 

 

Southern Maryland

 

43.9

Calvert County

38.3

 

Charles County

56.6

 

Prince George’s County

41.9

 

St Mary’s County

45.3

 

 

Central Maryland

 

50.1

 

Anne Arundel County

41.4

 

Baltimore City

58.9

 

Baltimore County

45.7

 

Harford County

50.5

 

Howard County

55.1

 

 

Eastern Shore

 

53.1

 

Caroline County

56.2

 

Cecil County

46.2

 

Dorchester County

63.8

 

Kent County

44.4

 

Queen Anne’s County

55.4

 

Somerset County

55.0

 

Talbot County

54.5

 

Wicomico County

57.9

 

Worcester County

49.0

 

 

MD Total

48.4

* Participation Rates are based on weighted mean Medicaid participation (calculated as total county Medicaid days divided by total county patient days) minus 14.9%.

 

Source:  Maryland Health Care Commission, 2020 Long Term Care Survey, 2020 Nursing Home Bed Inventory Records; Maryland Medical Assistance Program, unaudited 2020 cost reports.

 

 

 

[22-19-09]

 

 

General Notices

 

Notice of ADA Compliance

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

 

COMPTROLLER OF THE TREASURY

Subject: Public Meeting

Date and Time: September 29, 2022, 2 — 3 p.m.

Place: Louis L. Goldstein Treasury Bldg., Assembly Rm., Annapolis, MD

Contact: Jennifer Brezler (410) 260-7450

[22-19-05]

 

GOVERNOR’S GRANTS OFFICE

Subject: Public Meeting

Date and Time: October 6, 2022, 10  — 11:30 a.m.

Place: Via Google Meet — please see details below.

Add’l. Info: Google Meet joining info: meet.google.com/rxt-ixjr-sos

Or dial 1 470-285-4475; PIN 397 555 764 #

Contact: Jennifer Colton (410) 697-9648

[22-19-07]

 

DEPARTMENT OF INFORMATION TECHNOLOGY

Subject: Public Meeting

Date and Time: September 14, 2022, 1 — 3 p.m.

Place: 100 Community Pl., 1st Fl. Conf. Rm. B, Crownsville, MD

Contact: Cindy Cole (410) 697-9639

[22-19-02]

 

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: September 22, 2022, 11 a.m. — 1 p.m.

Place: Montgomery Park Business Center, 1800 Washington Blvd., Ste. 330, Baltimore, MD

Add’l. Info: NOTE TIME CHANGE. This meeting will be held at 11 a.m., not 10 a.m., due to a conflict with the SWARC mtg. It will be livestreamed at https://www.mdgaming.com/commission-meeting-9-22-2022/.

Contact: Kathy Lingo (410) 230-8790

[22-19-11]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Receipt of Application

Add’l. Info: On August 8, 2022, the Maryland Health Care Commission (MHCC) received a Certificate of Need application submitted by Pascal Crisis Stabilization Center — Matter No.  22-02-2459 — Establish a 25-bed Track 2 alcoholism and drug abuse intermediate care facility within the existing Pascal Crisis Stabilization Center located at 43 Community Place, Crownsville; Proposed Cost:  $20,500.

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

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

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

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

Contact: Ruby Potter (410) 764-3276

[22-19-04]

WORKERS’ COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: October 13, 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

[22-19-08]