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09.01.01.00.htm 09.01.01.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 01 Implementation of the Maryland Environmental Policy Act Authority: Natural Resources Article, §1-301―1-304, Annotated Code of Maryland
09.01.01.01.htm 09.01.01.01. 01 Applicability.. These guidelines are applicable to the Department of Licensing and Regulation and to all boards, commissions, or agencies assigned to the Department.
09.01.01.02.htm 09.01.01.02. 02 Purpose.. The purpose of these guidelines is to establish Departmental procedures for the preparation, review, and circulation of Environmental Effects forms and reports in compliance with the Maryland Environmental Policy Act. These guidelines specifically incorporate by reference the guidelines issued by the Department of Natural Resources on December 20, 1973.
09.01.01.03.htm 09.01.01.03. 03 Policy.. All Boards, commissions, and agencies within the Department of Licensing and Regulation shall give appropriate consideration to possible environmental effects which may arise in conjunction with any Agency proposal or action. Environmental Assessment forms and Environmental Effects reports shall be used in the decision making process in compliance with standards established by the Department of Natural Resources.
09.01.01.9999.htm 09.01.01.9999. Administrative History Effective date: September 1, 1974 (1:1 Md. R. 70) Amended effective November 10, 1976 (3:23 Md. R. 1302)
09.01.02.00.htm 09.01.02.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 02 Hearing Regulations Authority: Business Regulation Article, §2-105, Annotated Code of Maryland
09.01.02.01.htm 09.01.02.01. 01 Scope.. A. This chapter governs procedures for all contested case hearings of an administrative unit within the Department, with the exception of hearings conducted under the following:1) Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, and corresponding regulations;2) Business Regulation Article, §3-314, Annotated Code of Maryland, and corresponding regulations;. 3) Labor and Employment Article, Title 5, Subtitle 2 and Subtitle 5, Part I
09.01.02.02.htm 09.01.02.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "ALJ" means an Administrative Law Judge appointed under State Government Article, §9-1604, Annotated Code of Maryland.2) "Administrative Procedure Act" means State Government Article, §10-201―10-217, Annotated Code of Maryland.3) "Administrative unit" means a board, commission, hearing panel, committee, division, or a unit within the Department which is authorized by law or
09.01.02.03.htm 09.01.02.03. 03 Complaints.. A. A complaint to an administrative unit may be made by any person or administrative unit.. B. The complaint shall be in writing, and shall state the facts on which the complaint is based.. C. In response to a complaint, an administrative unit may take one or more of the following actions:. 1) Dismiss the complaint;. 2) Refer the complaint for investigation;. 3) Take appropriate informal action consistent with the facts and circumstances of the complaint;.
09.01.02.04.htm 09.01.02.04. 04 Applications.. A. An applicant who has been notified that a new or renewal license, certificate, registration, or permit, has been, or may be, denied may request a hearing before an administrative unit.B. The administrative unit shall hold a hearing to provide the applicant an opportunity to present evidence in support of the application.
09.01.02.05.htm 09.01.02.05. 05 Hearing Notice.. A. An administrative unit shall provide reasonable written notice of a hearing to the parties.. B. The hearing notice shall contain:. 1) The date, time, place, and nature of the hearing;. 2) A statement of the right to present witnesses, documents, and other forms of evidence, and the right to cross-examine witnesses of another party;3) A statement of the right to request subpoenas for witnesses and evidence, specifying the costs, if any, associated with th
09.01.02.06.htm 09.01.02.06. 06 Charging Document.. A. The charging document shall be attached to the notice of hearing or incorporated in it.. B. The charging document shall contain at least:. 1) The facts asserted, or if the facts cannot be stated in detail, the issues involved;. 2) The pertinent statutory and regulatory sections under which an administrative unit is taking action;3) The potential penalties; and. 4) A statement that if a hearing is not automatically scheduled, an applica
09.01.02.07.htm 09.01.02.07. 07 Service of Notices, Orders, and Other Documents.. A. Except as provided in §B of this regulation or by prior agreement of the parties, the administrative unit shall serve all notices, orders, and other documents in one of the following ways:1) By personal delivery;. 2) By mailing a copy of the document, first class, postage prepaid, to the person's last known business or home address; or3) If the person is represented by counsel, by delivering or mailing a copy
09.01.02.08.htm 09.01.02.08. 08 Representation.. A. A party to a proceeding may:. 1) Appear in person or, if appearance by a representative is permitted by law, through a representative; or2) Be represented by an attorney authorized to practice in Maryland.. B. Any notice, decision, or other matter required to be sent to a party may be sent instead to the party's attorney of record at the attorney's address, and the presumption of service in Regulation .07E of this chapter shall apply.C. If a party is represen
09.01.02.09.htm 09.01.02.09. 09 Failure to Appear.. A hearing may proceed as scheduled in the absence of a party if the party has:. A. Been served in accordance with Regulation .07 of this chapter; and. B. Failed to obtain a postponement of the hearing from the administrative unit under Regulation .10 of this chapter.
09.01.02.10.htm 09.01.02.10. 10 Postponement.. A. An administrative unit may postpone a hearing for good cause only if a written request for postponement is filed with the administrative unit not later than 10 days before the date of the hearing.B. If a request for postponement is received later than 10 days before the date of the hearing, the administrative unit shall deny the request unless it determines that there were extenuating circumstances which justified the delay.C. The failure of a respo
09.01.02.11.htm 09.01.02.11. 11 Discovery.. There is no prehearing discovery..
09.01.02.12.htm 09.01.02.12. 12 Subpoenas.. A. On request of a party to a proceeding, an administrative unit shall issue a subpoena requiring the attendance and testimony of a witness and, if requested, the production at the hearing of relevant documents and tangible items in the possession or under the control of the witness.B. A request for the issuance of a subpoena shall be made in writing to the administrative unit not later than 10 days before the scheduled hearing date.C. If a request for issua
09.01.02.13.htm 09.01.02.13. 13 Conduct of the Proceedings.. A. A quorum of the administrative unit shall be present for the hearing.. B. The presiding officer, in consultation with counsel, shall determine all procedural and evidentiary issues governed by this chapter and by the Administrative Procedure Act, and may impose reasonable time limitations.C. The Maryland Rules of Civil Procedure may be used as a guide in resolving procedural issues governing the conduct of the hearing that are not addre
09.01.02.14.htm 09.01.02.14. 14 Evidence.. The rules of evidence under this chapter shall be under State Government Article, §10-213, Annotated Code of Maryland.
09.01.02.15.htm 09.01.02.15. 15 Interpreters.. A. If a party or witness cannot readily hear, speak, or understand the spoken or written English language, and applies to the administrative unit in advance of the hearing for the appointment of a qualified interpreter to assist that party or witness, the administrative unit shall appoint a qualified interpreter to provide assistance during the hearing.B. With the approval of the administrative unit, a party who intends to offer the testimony of a wit
09.01.02.16.htm 09.01.02.16. 16 Burden of Proof.. A. In the hearing of a contested case involving allegations that the respondent violated a law or regulation, the presenter of evidence for the administrative unit shall bear the burden of proving, by a preponderance of the evidence, that the respondent committed the violations set forth in the charging document.B. In the hearing of a contested case resulting from the denial, or proposed denial, of a license, certificate, registration, or permit, the applicant
09.01.02.17.htm 09.01.02.17. 17 Public Hearings.. Unless otherwise provided by statute, all hearings conducted under this chapter are open to the public.
09.01.02.18.htm 09.01.02.18. 18 Recording.. A. The administrative unit shall cause the proceedings to be recorded.. B. The record need not be transcribed unless requested by a party or the administrative unit.. C. The cost of a typewritten transcript of any proceeding or part of a proceeding shall be paid by the party requesting the transcript.D. Except as provided in §A of this regulation, cameras, tape recorders, and other electronic and photographic equipment of any type are not permitted
09.01.02.19.htm 09.01.02.19. 19 Recusal.. A member of an administrative unit shall be recused from the review of a complaint and from participating in a hearing if the individual:A. Has personal knowledge of the facts which gave rise to the complaint;. B. Has a personal or business relationship with any of the parties or witnesses; or. C. For any other reason may be unable to act impartially in the matter..
09.01.02.20.htm 09.01.02.20. 20 Decisions.. A. After consideration of the testimony and other evidence, the administrative unit shall issue a written final order setting forth an appropriate disposition agreed to by a majority of the members of the unit who participated in the hearing.B. A member who was not present at all parts of the hearing may not vote on the disposition.. C. The final order shall be issued within 90 days after the record of the proceeding is closed unless the administrative unit
09.01.02.21.htm 09.01.02.21. 21 Judicial Review.. A party aggrieved by the final decision in a contested case is entitled to judicial review of the decision under State Government Article, §10-222, Annotated Code of Maryland.
09.01.02.9999.htm 09.01.02.9999. Administrative History Effective date: March 29, 1982 (9:6 Md. R. 613). Regulation .01 amended effective April 8, 1985 (12:7 Md. R. 701). Regulation .02 amended effective February 23, 1987 (14:4 Md. R. 415) ―. Regulations .01―04 repealed and new Regulations .01―21 adopted effective December 12, 2002 (29:24 Md. R. 1918)
09.01.03.00.htm 09.01.03.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 03 Hearings Delegated to the Office of Administrative Hearings Authority: Business Regulation Article, §2-105, Annotated Code of Maryland
09.01.03.01.htm 09.01.03.01. 01 Scope.. A. Except as provided in §B of this regulation, this chapter governs contested case hearings that an administrative unit has delegated to the Office of Administrative Hearings for a proposed decision under State Government Article, §10-205, Annotated Code of Maryland.B. This chapter does not apply to cases arising under:. 1) Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, and corresponding regulations;
09.01.03.02.htm 09.01.03.02. 02 Definitions.. The definitions in COMAR 09.01.02.02 apply to this chapter..
09.01.03.03.htm 09.01.03.03. 03 Applicability.. An administrative unit, after consultation with the Office of the Attorney General, may refer contested cases to the Office of Administrative Hearings. The administrative unit shall advise the Office of Administrative Hearings of the scope of authority delegated under State Government Article, §10-205, Annotated Code of Maryland.
09.01.03.04.htm 09.01.03.04. 04 Discovery.. There is no prehearing discovery..
09.01.03.05.htm 09.01.03.05. 05 Proceedings.. A. Except as provided in this regulation, the ALJ shall conduct an evidentiary hearing under the Administrative Procedure Act and COMAR 28.02.01.B. A motion to dismiss or any other dispositive motion may not be granted by the ALJ without the concurrence of all parties.C. The presenter of evidence, the respondent, and the claimant may cross-examine any witness called by any party during a combined regulatory and guaranty fund hearing.
09.01.03.06.htm 09.01.03.06. 06 Revocation of the Delegation of Authority.. A. For a reason specified in §B of this regulation, an administrative unit or the Department may revoke, in whole or in part, the delegation of authority to the Office of Administrative Hearings to hear a contested case at any time before the earlier of:1) The issuance of a ruling on a substantive issue; or. 2) The taking of oral testimony from the first witness.. B. The administrative unit or the Department may r
09.01.03.07.htm 09.01.03.07. 07 Withdrawal of a Case.. A. At any stage of the proceedings, upon the agreement of the parties, the case may be withdrawn from the Office of Administrative Hearings docket for settlement purposes.B. Withdrawal of the case from the Office of Administrative Hearings docket may not be deemed a dismissal of the regulatory charges or the guaranty fund claim, and may not preclude a subsequent referral to the Office of Administrative Hearings, if settlement is not accomplished.
09.01.03.08.htm 09.01.03.08. 08 Proposed Decisions and Orders.. A. Upon completion of the hearing, the ALJ shall submit a proposed decision to the administrative unit.B. The Office of Administrative Hearings may not distribute the proposed decision to the parties or to the public unless the delegation of authority specifically provides for that distribution.C. The proposed decision shall comply with the requirements of the Administrative Procedure Act and COMAR 28.02.01.22, and sh1) Written findings of fact;.
09.01.03.09.htm 09.01.03.09. 09 Exceptions to the Proposed Order.. A. Filing Exceptions.. 1) A party adversely affected by a proposed order shall have 20 days from the postmark date of the proposed order to file exceptions with the administrative unit.2) The date of filing exceptions with the administrative unit shall be the date of personal delivery to the unit or the postmark date on mailed exceptions.B. The exceptions may include a request that the proposed order be modified or reversed, or that the
09.01.03.10.htm 09.01.03.10. 10 Final Order.. A. The administrative unit shall issue its final order within 90 days after the date of the hearing on exceptions.B. The administrative unit may affirm, reverse, or modify the proposed order, or may remand the matter with specific instructions to the Office of Administrative Hearings.C. The administrative unit shall send a copy of the final order to the parties, or if represented by counsel to their attorneys, by first-class mail within 3 business days fro
09.01.03.9999.htm 09.01.03.9999. Administrative History Effective date: March 29, 1982 (9:6 Md. R. 614). Regulation .01 amended effective April 8, 1985 (12:7 Md. R. 701) ―. Regulations .01―10, Hearing Officer Regulations, repealed and new Regulations .01―10, Hearings Delegated to the Office of Administrative Hearings, adopted effective December 12, 2002 (29:24 Md. R. 1918)
09.01.04.00.htm 09.01.04.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 04 Public Information Act Requests Authority: Business Regulation Article, §2-105; General Provisions Article, Title 4; Annotated Code of Maryland
09.01.04.01.htm 09.01.04.01. 01 General.. A. These regulations set out procedures for filing requests with the Department of Labor, Licensing, and Regulation (the Department) for the inspection and copying of records under the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.B. It is the policy of the Department to facilitate public access to the records of the Department, when access is allowed by law, by minimizing costs and time delays to persons requesting information.
09.01.04.02.htm 09.01.04.02. 02 Definitions.. A. Unless otherwise noted, the definitions set forth in General Provisions Article, Title 4, Annotated Code of Maryland, apply in this chapter.B. "Custodian" means the Secretary of the Department or the Secretary’s designee employed by the Department who has personal custody and control of public records of the Department.C. ”PIA Coordinator” means the Department employee who is responsible for accepting, monitoring, and, with advice from the De
09.01.04.03.htm 09.01.04.03. 03 Who May Request.. Any person may request to inspect or copy public records of the Department..
09.01.04.04.htm 09.01.04.04. 04 Request to Inspect a Public Record.. A. Necessity for Written Request. Except as otherwise provided in General Provisions Article, Title 4, Annotated Code of Maryland, the custodian shall require a written request via regular or electronic means from a person or governmental unit that wishes to inspect a public record.B. Contents of Written Request. A written request shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonab
09.01.04.05.htm 09.01.04.05. 05 Response to Written Request.. A. Decision to Grant a Request.. 1) If the custodian decides to grant a written request for inspection, the custodian shall be responsible for producing the public record for inspection immediately or within a reasonable period, not to exceed 30 days from the date the request was received.2) If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall indicate in writ
09.01.04.06.htm 09.01.04.06. 06 Electronic Records.. A. Except as provided in §C and D of this regulation, the custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if:1) The public record is in a searchable and analyzable electronic format;. 2) The applicant requests a copy of the public record in a searchable and analyzable electronic format; and3) The custodian is able to provide a copy of the public record, in whole or in part, in a searchabl
09.01.04.07.htm 09.01.04.07. 07 Public Records Destroyed or Lost.. If the custodian is aware that a requested public record of the Department has been destroyed or lost, the custodian shall within a reasonable time notify the applicant that the public record is not available and explain the reasons why the public record cannot be produced.
09.01.04.08.htm 09.01.04.08. 08 Review of the Denial.. A. If the custodian denies a request to inspect or copy a public record of the Department, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362, Annotated Code of Maryland, without pursuing the remedies set forth in §B and C of this regulation.B. If the custodian charges a fee of more than $350 under Regulation .12 of this chapter, the applicant may, within 90 days after the date the fee is
09.01.04.09.htm 09.01.04.09. 09 Disclosure Against Public Interest.. A. Denial Pending Court Order.. 1) If, in the opinion of the Secretary, disclosure of any public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request and seek a court order allowing continued nondisclosure.2) A temporary denial shall be in writing.. B. Circuit Court Review.. 1) Within 10 working days after the denial, the Se
09.01.04.10.htm 09.01.04.10. 10 Time and Place of Inspection.. A. An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department.B. The place of inspection shall be the place where the public record is located, unless the custodian, after taking into account the applicant’s expressed preferences, determines that another place of inspection is more suitable and convenient.
09.01.04.11.htm 09.01.04.11. 11 Inspection of Occupational and Professional Licensing Data for Compelling Public Purpose.. A. A compelling public purpose shall be deemed to exist under General Provisions Article, §4-333, Annotated Code of Maryland, and the custodian of occupational and professional licensing records within the Department may permit the right of inspection of occupational and professional licensing data on individual persons other than that data specified under General Provisio
09.01.04.12.htm 09.01.04.12. 12 Fees.. A. The fee schedule for copying and certifying copies of records is as follows:. 1) Copies.. a) The fee for each copy made is 25 cents per page if reproduction is made by a standard printer or photocopying or scanning machine within the Department;b) The fee for each copy made otherwise shall be based on the actual cost of reproduction.. 2) Certification of Copies. If a person requests that a copy of a public record be certified as a true copy, an additional fe
09.01.04.13.htm 09.01.04.13. 13 Sociological Information.. A. Definition. For purposes of this regulation and as provided for under General Provisions Article, §4-330, Annotated Code of Maryland, "sociological information" means any of the following information requested from the Department:1) Social Security number;. 2) Personal address;. 3) Personal phone number;. 4) Information regarding marital status, dependents, or relatives; and.
09.01.04.9999.htm 09.01.04.9999. Administrative History Effective date:. Regulations .01―16 adopted as an emergency provision effective August 6, 1982 (9:18 Md. R. 1795) emergency status extended at 10:1 Md. R. 19; adopted permanently effective February 4, 1983 (10:2 Md. R. 109)Regulation .13 amended effective January 14, 1985 (12:1 Md. R. 16). Regulation .13B amended effective July 28, 2008 (35:15 Md. R. 1348). Regulation .14A amended effective February 3, 1992 (19:2 Md. R. 154). Regulation .17 adopted as
09.01.05.00.htm 09.01.05.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 05 Petition for Adoption of Regulations Authority: Business Regulation Article, §2-105; State Government Article, §10-123; Annotated Code of Maryland
09.01.05.01.htm 09.01.05.01. 01 Purpose.. The purpose of these regulations is to enable any interested person to request promulgation of regulations affecting matters under the authority of the Secretary or any constituent officer, commission, or agency, or to request amendment or repeal of any existing regulations.
09.01.05.02.htm 09.01.05.02. 02 Form of Petition.. The petition shall be submitted in writing to the Secretary, 501 St. Paul Place, Baltimore, Maryland 21202 or to the principal office of the officer, commission, or agency to whom the petition is directed.
09.01.05.03.htm 09.01.05.03. 03 Content of Petition-Proposed Regulations.. Any request for promulgation of new regulations submitted under these regulations shall include the proposed regulations and the reasons for and effect of the regulations, if adopted.
09.01.05.04.htm 09.01.05.04. 04 Content of Petition-Repeal or Amendment.. Any request for amendment or repeal submitted under these regulations shall state what regulation the petitioner requests to be amended or repealed and the reasons for an effect of this request.
09.01.05.05.htm 09.01.05.05. 05 Review.. The Secretary or the officer, commission, or agency to whom the petition is addressed, within 60 days after the petition is submitted, shall either deny the petition in writing, stating the reasons for the denial, or initiate rule-making proceedings. The petitioner shall be advised in writing of any action taken in response to the petition.
09.01.05.9999.htm 09.01.05.9999. Administrative History Effective date: January 6, 1983 (9:26 Md. R. 2571).
09.01.06.00.htm 09.01.06.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 06 Correction or Amendment of Personal Records Authority: Business Regulation Article, §2-105; State Government Article, §10-613; Annotated Code of Maryland
09.01.06.01.htm 09.01.06.01. 01 General.. These regulations set out procedures for persons in interest to request the correction or amendment of personal records under State Government Article, § 10-625, Annotated Code of Maryland, in the Department of Licensing and Regulation.
09.01.06.02.htm 09.01.06.02. 02 Who May Request.. A "person in interest" as defined in State Government Article, § 10-611(e) Annotated Code of Maryland, may request the Department to correct or amend any personal records pursuant to State Government Article, § 10-625, Annotated Code of Maryland.
09.01.06.03.htm 09.01.06.03. 03 Contents of Request.. The person in interest shall request the correction or amendment in writing. Each request shall:. A. Identify the personal records the person is seeking to correct or amend;. B. State the precise correction or amendment requested;. C. State the reason the correction or amendment is sought; and. D. Include the statement that the personal records are to the person's belief currently inaccurate or incomplete.
09.01.06.04.htm 09.01.06.04. 04 Filing the Request.. A request for correction or amendment of the records shall be filed with the Department by addressing it to the custodian of the record. If the custodian is unknown to the person in interest, the request may be addressed to the Secretary.
09.01.06.05.htm 09.01.06.05. 05 Return of Request.. A request for correction or amendment will be considered filed with the Department when received only to the extent that it reasonably complies with Regulation .03. If a request does not reasonably comply with Regulation .03, it shall be returned to the person with an explanation of the reason for the return and a statement that, upon completion, it may be refiled with the Department.
09.01.06.06.htm 09.01.06.06. 06 Response to Request.. Within 30 days after the completed request for correction or amendment that complies with Regulations . 03 and .04 is received, the custodian of the record shall:A. Make the requested correction or amendment and inform the person of the action; or. B. Inform the person in writing of the:. 1) Department's refusal to make the requested correction or amendment, and. 2) Reason for the refusal; or.
09.01.06.07.htm 09.01.06.07. 07 Refusal of Request.. If the Department's final determination under Regulation . 06 is to refuse the requested correction or amendment, as authorized by Regulation .06B, the person in interest may file with the Department a concise statement of the reasons for:A. The requested correction or amendment; and. B. Disagreement with the Department's refusal to make the correction or amendment..
09.01.06.08.htm 09.01.06.08. 08 Requirements for Statement of Disagreement.. The statement specified in Regulation . 07 shall be filed on pages not exceeding 8 x 11 inches in size. Only one side of the page shall contain the statement. More than five pages may not be accepted by the Department in connection with a single request for correction and amendment.
09.01.06.09.htm 09.01.06.09. 09 Information Provided to Third Parties.. When the Department discloses to a third party information from personal records about which a statement in compliance with Regulations . 07 and .08 has been filed, the Department shall furnish a copy of the statement to the third party.
09.01.06.10.htm 09.01.06.10. 10 Administrative Review.. A. A person may request an administrative review within the Department, by filing a request for review with the Secretary, if the person has been denied:1) An amendment or correction of a record;. 2) The right to file a statement; or. 3) The right to have a statement to a third party forwarded pursuant to Regulation .09.. B. A request for review shall be filed within 30 days of the date the person is advised of the DeparC. The review proceedings
09.01.06.9999.htm 09.01.06.9999. Administrative History Effective date: January 16, 1984 (11:1 Md. R. 42).
09.01.07.00.htm 09.01.07.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 07 Licensing of Sports Agents Authority: Business Regulation Article, §4-405, Annotated Code of Maryland
09.01.07.01.htm 09.01.07.01. 01 Schedule of Fees.. A. Original License-Individual-1,000. B. Original License-Corporation/Partnership-1,000. C. Renewal License-Individual-1,000. D. Renewal License-Corporation/Partnership-1,000.
09.01.07.9999.htm 09.01.07.9999. Administrative History Effective date: May 15, 1989 (16:9 Md. R. 994).
09.01.08.00.htm 09.01.08.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 08 Currency Transactions Authority: Corporations and Associations Article, §1-503, Annotated Code of Maryland
09.01.08.01.htm 09.01.08.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) Currency.. a) "Currency" means currency and coin of the United States or any other country including United States silver certificates, United States notes, and Federal Reserve notes.b) "Currency" does not include bank checks, traveler's checks, bank drafts, wire transfers, money orders, or other negotiable or monetary instruments not customarily accepted as money.
09.01.08.02.htm 09.01.08.02. 02 Reporting by Persons Engaging in a Trade or Business.. A. Each person engaged in a trade or business who receives more than $10,000 in currency in one transaction, which takes place in this State, shall keep a record of each transaction. Individuals shall keep a record of only those transactions occurring during the course of the individual's trade or business.B. A single transaction may not be divided into multiple transactions in order to avoid reporting under this regulation.
09.01.08.03.htm 09.01.08.03. 03 Availability of Reports.. A. The Secretary shall make available to the Office of the Attorney General and the Department of Public Safety and Correctional Services a copy of each Form 8300 filed with the Secretary, on at least a monthly basis.B. The Secretary shall make available to any other criminal justice agency of federal, State, or municipal government, upon request, a copy of any Form 8300 filed with the Secretary.C. The copies of Form 8300 are not public records
09.01.08.04.htm 09.01.08.04. 04 Failure to Report.. A. After notice and opportunity for a hearing, as provided in State Government Article, Title 10, the Secretary may assess a civil penalty not to exceed $50 for each day that the Form 8300 is in arrears.B. For the purpose of determining the civil penalty, the Secretary shall assess a separate penalty for each store, division, branch, department, headquarters, or office, regardless of physical location.
09.01.08.9999.htm 09.01.08.9999. Administrative History Effective date:. Regulations .01―04 adopted as an emergency provision effective August 1, 1990 (17:17 Md. R. 2074) emergency status expired January 1, 1991
09.01.09.00.htm 09.01.09.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 09 New Home Warranty Security Plans Authority: Real Property Article, Title 10, Subtitle 6, Annotated Code of Maryland
09.01.09.01.htm 09.01.09.01. 01 Disclosure by Builders Not Participating in New Home Warranty Security Plan.. A. The disclosure shall be printed in at least 12-point type.. B. The disclosure shall read as follows:. Maryland law requires a builder who does not participate in a new home warranty security plan to make the following disclosure as part of the contract for sale or construction of a new home.Builders of new homes, in the State of Maryland, are required to be registered with the Consumer Pro
09.01.09.02.htm 09.01.09.02. 02 Disclosure Required by Builders Participating in New Home Warranty Security Plan.. A. The disclosure shall be printed in at least 12-point type.. B. The disclosure shall read as follows:. Maryland law requires a builder who participates in a new home warranty security plan to make the following disclosure as part of the contract for sale or construction of a new home:I am a builder who participates in a Maryland approved new home warranty security plan, and under th
09.01.09.03.htm 09.01.09.03. 03 Disclosure Required by Builder Leaving Decision to Participate in New Home Warranty Security Plan to the Buyer.A. The disclosure shall be printed in at least 12-point type.. B. The disclosure shall read as follows:. Maryland law allows a builder who participates in a new home warranty plan to offer the warranty to the buyer at the buyer's option. A builder who proceeds in this fashion must make the following disclosure as part of the contract for sale or constru
09.01.09.04.htm 09.01.09.04. 04 Notification Required to be Given to Buyer on Warranty Date.. A. On the warranty date, if a builder participates in a New Home Warranty Security Plan or if a buyer has elected to have the builder participate in a plan, the builder shall provide the owner with evidence that the new home is covered by a new home warranty that meets the requirements of Maryland law.B. Evidence of participation is a letter from the New Home Warranty Security Plan certifying that th
09.01.09.05.htm 09.01.09.05. 05 Notice to Buyer Required by Builders Participating in New Home Warranty Security Plan or Electing to Allow Buyer the Option of Participating in New Home Warranty Security Plan.A. The notice shall be printed in at least 12-point type.. B. The notice shall be incorporated into the contract in a conspicuous manner and shall read as follows:Notice to Buyer. Your new home will be covered by a new home warranty that meets the minimum requirements established under Title 10, Subtitle
09.01.09.06.htm 09.01.09.06. 06 Financial Security Requirements for New Home Warranty Security Plan.. A. Approval of a new home warranty security plan shall continue only if the operator of the plan remains financially able to pay all valid claims.B. The operator shall demonstrate financial responsibility from time to time to the Secretary in the following manner:1) The operator shall maintain and file with the Secretary a surety bond from an authorized insurer or an irrevocable letter of credit from a federall
09.01.09.07.htm 09.01.09.07. 07 Registration and Effective Date of New Home Warranty Security Plan.. A. If a contract for sale or construction of a new home between a buyer and a builder who participates in a new home warranty security plan provides, either by its terms or by virtue of an option exercised by the buyer, that the home will be registered in the plan, the operator of the plan shall register the home and shall do so at the cost agreed upon between the operator and the builder and disc
09.01.09.08.htm 09.01.09.08. 08 Other Warranties.. The warranties provided under a new home warranty security plan are in addition to warranties otherwise provided by law, including those set forth in Real Property Article, §10-202, 10-203, and 11-131, Annotated Code of Maryland.
09.01.09.09.htm 09.01.09.09. 09 Notice Requirements for Denial of Coverage.. A. Notice of Denial.. 1) The operator of a plan shall notify the buyer in writing of a decision to deny warranty coverage for all or part of a claim not later than 90 days after the claim is received by the operator.2) The notice of denial shall include:. a) Reference to the specific terms of the plan on which the denial is based; and. b) The procedures which the buyer must follow to appeal the denial, including all time limitations..
09.01.09.9999.htm 09.01.09.9999. Administrative History Effective date:. Regulations .01―03 amended as an emergency provision effective January 1, 2000 (26:27 Md. R. 2013) amended permanently effective May 1, 2000 (27:8 Md. R. 798)Regulations .01―03 amended as an emergency provision effective January 1, 2001 (28:2 Md. R. 97) emergency status expired June 1, 2001; amended permanently effective June 25, 2001 (28:12 Md. R. 1105)Regulations .01―08 adopted as an emergency provision effective January 1, 1
09.01.10.00.htm 09.01.10.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 10 Criminal Record ― Effect on Licensure Authority: Business Regulation Article, §2-105, Annotated Code of Maryland; 57 Attorney General Opinion 355 (1972)
09.01.10.01.htm 09.01.10.01. 01 Applicability.. The following standards shall be applied by an officer, commissioner, commission, and board within the Department of Labor, Licensing, and Regulation to the extent the officer, commissioner, commission, or board has authority to consider the effect of a criminal conviction on the grant, denial, renewal, or revocation of a license.
09.01.10.02.htm 09.01.10.02. 02 Standards.. The following standards shall be considered in the grant, denial, renewal, or revocation of a license, when an applicant or licensee has been convicted of a crime:A. The nature of the crime;. B. The relationship of the crime to the activities authorized by the license;. C. The relevance of the conviction to the fitness and qualification of the applicant or licensee to perform the occupation authorized by the license;
09.01.10.9999.htm 09.01.10.9999. Administrative History Effective date: August 12, 1996 (23:16 Md. R. 1175).
09.01.11.00.htm 09.01.11.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 11 Open Meetings Act Authority: Business Regulation Article, §2-105 and 2-108; General Provisions Article, Title 3; Annotated Code of Maryland
09.01.11.01.htm 09.01.11.01. 01 General.. This chapter contains procedures regarding:. A. The attendance by members of general public of open sessions of the units in the Department of Labor, Licensing, and Regulation; andB. The recording and broadcasting of open sessions of the units within the Department of Labor, Licensing, and Regulation.
09.01.11.02.htm 09.01.11.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Department" means the Department of Labor, Licensing, and Regulation.. 2) "Open meeting" means a public meeting of the unit within the Department required to be open to the public pursuant to the Open Meetings Act, General Provisions Article, Title 3, Annotated Code of Maryland.3) "Unit" means an entity defined in Business Regulation Article, §2-108, A
09.01.11.03.htm 09.01.11.03. 03 Public Attendance.. A. The public is invited to attend and observe any open session of the unit within the Department.. B. Except in instances when the unit expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not actively participate in the session.
09.01.11.04.htm 09.01.11.04. 04 Prohibited Conduct or Activity.. A. An individual attending an open session of the unit may not engage in conduct that disrupts the session or interferes with the right or opportunity of members of the public to attend and observe the session.B. The presiding officer may:. 1) Order an individual who engages in conduct prohibited in §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session;
09.01.11.05.htm 09.01.11.05. 05 Recording, Photographing, and Broadcasting of Open Sessions.. A. During a public session, a member of the public, including a representative of the news media, may record discussions of the unit using a recording device, if the device:1) Does not create an excessive noise that disturbs members of the unit or any other individuals attending the session;2) Does not otherwise interfere with an individual's observation of or participation in the session; and3) Is operated openly so
09.01.11.06.htm 09.01.11.06. 06 Recordings Not Part of Record.. A recording of an open session made by a member of the public, or any transcript derived from such a recording, may not be deemed a part of the record or any proceeding of the unit.
09.01.11.9999.htm 09.01.11.9999. Administrative History Effective date: September 24, 2018 (45:19 Md. R. 865).
09.01.12.00.htm 09.01.12.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 12 Apprenticeship Maryland Authority: Business Regulation Article, §2-105; Labor and Employment Article, §11-603(k) Annotated Code of Maryland
09.01.12.01.htm 09.01.12.01. 01 Scope.. A. This chapter establishes requirements for the youth apprenticeship pilot program known as Apprenticeship Maryland.B. Except as provided in §C of this regulation, the requirements of COMAR 09.12.42 and COMAR 09.12.43 do not apply to youth apprenticeship under Apprenticeship Maryland.C. If an employer interested in participating in Apprenticeship Maryland already operates an apprenticeship program approved by the Maryland Apprenticeship and Training Counci
09.01.12.02.htm 09.01.12.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Apprenticeship Maryland” means the pilot apprenticeship program to provide students with some of the necessary on-site employment training and related classroom instruction needed to obtain a license or certification for a skilled occupation.2) “Council” means the Maryland Apprenticeship and Training Council..
09.01.12.03.htm 09.01.12.03. 03 Eligible Employer Application.. A. An employer shall apply in writing on the application form provided by DLLR to the Maryland Apprenticeship and Training Council and the Secretary in order to be approved as an eligible employer in Apprenticeship Maryland.B. The employer shall provide other information and materials as requested by DLLR and MSDE for consideration as an eligible employer.
09.01.12.04.htm 09.01.12.04. 04 Consideration and Approval of an Eligible Employer.. A. Upon receipt of an employer’s application for approval as an eligible employer, the Council, in consultation with the Commissioner of the Division of Labor and Industry, shall consider the application and any supporting materials provided by the employer.B. The Council shall consider the application based on criteria developed by DLLR and MSDE for Apprenticeship Maryland.C. In the event of a disagreement between the Coun
09.01.12.05.htm 09.01.12.05. 05 Eligible Employer Requirements.. A. An employer who is approved as an eligible employer shall file a copy of the completed youth apprenticeship agreement with the Council prior to the youth apprentice commencing the apprenticeship.B. An eligible employer shall report data as required by DLLR and MSDE.. C. An eligible employer shall follow all policies, procedures, and requirements established by DLLR and MSDE.
09.01.12.06.htm 09.01.12.06. 06 Youth Apprenticeship Agreement.. An eligible employer shall use the youth apprenticeship agreement provided by DLLR..
09.01.12.07.htm 09.01.12.07. 07 Dismissal of a Youth Apprentice.. A. Subject to §B of this regulation, an eligible employer may request to dismiss a youth apprentice who does not comply with the employer’s work rules or the requirements of Apprenticeship Maryland.B. An eligible employer shall follow the requirements for dismissal established by DLLR and MSDE..
09.01.12.08.htm 09.01.12.08. 08 Complaints Regarding Eligible Employers.. A. A youth apprentice may file a complaint regarding an eligible employer with the Secretary.. B. The Secretary shall conduct an investigation and take the appropriate action..
09.01.12.9999.htm 09.01.12.9999. Administrative History Effective date: March 14, 2016 (43:5 Md. R. 384).
09.01.13.00.htm 09.01.13.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 13 Regulation of Units to Prevent Anticompetitive Actions Authority: State Government Article, §8-205.1, Annotated Code of Maryland
09.01.13.01.htm 09.01.13.01. 01 Procedures.. A. The procedures described in this regulation shall apply to a proposed decision or action of a board or commission within the Department of Labor, Licensing, and Regulation composed in whole or in part of individuals participating in the occupation or profession regulated by the board or commission if the proposed decision or action:1) May result in an unreasonable anti-competitive action; and. 2) Does not further a clearly articulated State po
09.01.13.9999.htm 09.01.13.9999. Administrative History Effective date: December 31, 2018 (45:26 Md. R. 1240).
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