open meetings compliance judiciary general notices

Issue Date: December 18, 2009

Volume 36 • Issue 26 • Pages 1979—2088

IN THIS ISSUEOpen Meetings Compliance

BoardJudiciaryRegulationsSpecial DocumentsGeneral Notices

Pursuant to State Government Article, §7-206, Annotated Code ofMaryland, this issue contains all previously unpublished documentsrequired to be published, and filed on or before November 30, 2009,5 p.m.

Pursuant to State Government Article, §7-206, Annotated Code ofMaryland, I hereby certify that this issue contains all documents re-quired to be codified as of November 30, 2009.

Gail S. KlakringActing Administrator, Division of State Documents

Office of the Secretary of State

Information About the Maryland Register and COMARMARYLAND REGISTER

The Maryland Register is an official State publication publishedevery other week throughout the year. A cumulative index is pub-lished quarterly.

The Maryland Register is the temporary supplement to the Codeof Maryland Regulations. Any change to the text of regulations pub-lished in COMAR, whether by adoption, amendment, repeal, oremergency action, must first be published in the Register.

The following information is also published regularly in the Reg-ister:

• Governor’s Executive Orders• Governor’s Appointments to State Offices• 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 As-

sembly• Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTERThe 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, Is-

sue 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 isCOMAR’s temporary supplement, printing all changes to regula-tions as soon as they occur. At least once annually, the changes toregulations printed in the Maryland Register are incorporated intoCOMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONSCOMAR regulations are cited by title number, subtitle number,

chapter number, and regulation number. Example: COMAR10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation03.

DOCUMENTS INCORPORATED BY REFERENCEIncorporation by reference is a legal device by which a document

is made part of COMAR simply by referring to it. While the text ofan incorporated document does not appear in COMAR, the provi-sions of the incorporated document are as fully enforceable as anyother COMAR regulation. Each regulation that proposes to incorpo-rate a document is identified in the Maryland Register by an Edi-tor’s Note. The Cumulative Table of COMAR Regulations Adopted,Amended or Repealed, found online, also identifies each regulationincorporating a document. Documents incorporated by referenceare available for inspection in various depository libraries locatedthroughout the State and at the Division of State Documents.These depositories are listed in the first issue of the Maryland Reg-ister published each year. For further information, call (410) 974-2486.

HOW TO RESEARCH REGULATIONSEach COMAR title has a Table of Contents and Index. An Admin-

istrative History at the end of every COMAR chapter gives informa-tion about past changes to regulations. To determine if there havebeen any subsequent changes, check the ‘‘Cumulative Table ofCOMAR Regulations Adopted, Amended, or Repealed’’ which isfound online at www.dsd.state.md.us/CumulativeIndex.pdf. Thistable lists the regulations in numerical order, by their COMARnumber, followed by the citation to the Maryland Register in whichthe change occurred. The Maryland Register serves as a temporarysupplement to COMAR, and the two publications must always beused together. A Research Guide for Maryland Regulations is avail-able. For further information, call (410) 974-2486.

SUBSCRIPTION INFORMATIONFor subscription forms for the Maryland Register and COMAR,

see the back pages of the Maryland Register.Single issues of the Maryland Register are $5.00 per issue, plus

$2.00 for postage and handling.

CITIZEN PARTICIPATION INTHE REGULATION-MAKING PROCESS

Maryland citizens and other interested persons mayparticipate in the process by which administrative regulationsare adopted, amended, or repealed, and may also initiate theprocess by which the validity and applicability of regulations isdetermined.

Listed below are some of the ways in which citizens mayparticipate (references are to State Government Article (SG),Annotated Code of Maryland):

• By submitting data or views on proposed regulations eitherorally or in writing, to the proposing agency (see ‘‘Opportunityfor Public Comment’’ at the beginning of all regulationsappearing in the Proposed Action on Regulations section of theMaryland Register). (See SG, §10-112)

• By petitioning an agency to adopt, amend, or repealregulations. The agency must respond to the petition. (See SG§10-123)

• By petitioning an agency to issue a declaratory ruling withrespect to how any regulation, order, or statute enforced by theagency applies. (SG, Title 10, Subtitle 3)

• By petitioning the circuit court for a declaratory judgmenton the validity of a regulation when it appears that theregulation interferes with or impairs the legal rights orprivileges of the petitioner. (SG, §10-125)

• By inspecting a certified copy of any document filed withthe Division of State Documents for publication in theMaryland Register. (See SG, §7-213)

Maryland Register (ISSN 0360-2834). Postmaster: Send address changesand other mail to: Maryland Register, State House, Annapolis, Maryland21401. Tel. 410/974-2486; Fax 410/974-2546. Published biweekly, with cumula-tive indexes published quarterly, by the State of Maryland, Division of StateDocuments, State House, Annapolis, Maryland 21401. Subscription rates forthe Maryland Register are $110 per year (second class mail) and $190 per year(first class mail). All subscriptions post-paid to points in the U.S. periodicalspostage paid at Annapolis, Maryland and additional mailing offices.

Martin O’Malley, Governor; John P. McDonough, Secretary of State;Gail S. Klakring, Acting Administrator; Susan E. Elson, Deputy Administra-tor; Mary D. MacDonald, Editor, Maryland Register and COMAR; ElizabethRamsey, Editor, COMAR Online/Marketing Director; Marcia M. Diamond,Subscription Manager, COMAR; Richard Morrissey, Assistant SubscriptionManager, COMAR; Anne deBronkart, Editor, COMAR Online; TamiCathell, Editor/Help Desk, COMAR and Maryland Register Online.

Front cover: State House, Annapolis, MD, built 1772—79.Illustrations by Carolyn Jagodzinski, Dept. of General Services.

PRINTED ON RECYCLED PAPER

Contents

CLOSING DATES FORMARYLAND REGISTER

Schedule of Closing Dates and Issue Dates for the MarylandRegister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1986

COMAR RESEARCH AIDSTable of Pending Proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1984

Index of COMAR TitlesAffected in This Issue

COMAR Title Number and Name page

05 Department of Housing andCommunity Development 2000

07 Department of Human Resources 199408 Department of Natural Resources 1999, 200309 Department of Labor, Licensing,

and Regulation1993, 1994,

201310 Department of Health and Mental

Hygiene 1995, 202612 Department of Public Safety and

Correctional Services 199613A State Board of Education 1996, 205214 Independent Agencies 205317 Department of Budget and

Management 199820 Public Service Commission 199823 Board of Public Works 205425 Office of the State Treasurer 205626 Department of the Environment 205729 Department of State Police 207631 Maryland Insurance

Administration 1999, 2078

PERSONS WITH DISABILITIES

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

OPEN MEETINGS COMPLIANCE BOARDOPINIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1987

JUDICIARYCOURT OF APPEALS OF MARYLAND

Standing Committee on Rules of Practice and ProcedureNotice of Open Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1989

Disciplinary Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1989Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1989

COURT OF SPECIAL APPEALSSchedule for January 4, 5, 6, 7, 8, 11, 12, 13, 14,

15, 19, 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1990

EMERGENCY ACTION ON REGULATIONS09 • DEPARTMENT OF LABOR, LICENSING, AND

REGULATIONDIVISION OF LABOR AND INDUSTRY

Tower Crane Operator Certification . . . . . . . . . . . . . . . . . . . . . . . . 1993

FINAL ACTION ON REGULATIONS07 • DEPARTMENT OF HUMAN RESOURCESFAMILY INVESTMENT ADMINISTRATION

Family Investment Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1994Public Assistance to Adults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1994

09 • DEPARTMENT OF LABOR, LICENSING, ANDREGULATION

DIVISION OF LABOR AND INDUSTRYCrane Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1994

BOARD OF PUBLIC ACCOUNTANCYGeneral Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1994

10 • DEPARTMENT OF HEALTH AND MENTAL HYGIENEBOARD OF ACUPUNCTURE

General Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1995BOARD OF PHYSICIANS

Telemedicine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1995BOARD OF PHARMACY

Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1995BOARD OF EXAMINERS OF PSYCHOLOGISTS

Continuing Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1995

12 • DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONALSERVICES

POLICE TRAINING COMMISSIONGeneral Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1996General Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1996Electronic Control Device Training and Instructor Certification . . . 1996

CORRECTIONAL TRAINING COMMISSIONGeneral Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1996Electronic Control Device Training and Instructor Certification . . . 1996

13A • STATE BOARD OF EDUCATIONCHILD AND FAMILY DAY CARE

Child Care Subsidy Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1996Maryland Child Care Credential Program . . . . . . . . . . . . . . . . . . . . 1998

17 • DEPARTMENT OF BUDGET AND MANAGEMENTPERSONNEL SERVICES AND BENEFITS

Recruitment, Examinations, Selections, and Employment . . . . . . . 1998

20 • PUBLIC SERVICE COMMISSIONAPPLICATIONS CONCERNING THE CONSTRUCTION OR

MODIFICATION OF GENERATING STATIONS AND OVERHEADTRANSMISSION LINES

General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1998

31 • MARYLAND INSURANCE ADMINISTRATIONASSETS, LIABILITIES, RESERVES, AND INVESTMENTS OF INSURERS

Valuation of Life Insurance Policies . . . . . . . . . . . . . . . . . . . . . . . . 1999MISCELLANEOUS

Registry and Report on Slavery Era Insurance . . . . . . . . . . . . . . . 1999

WITHDRAWAL OF REGULATIONS08 • DEPARTMENT OF NATURAL RESOURCESFISHERIES SERVICE

Terrapin and Snapping Turtles . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1999

1981

MARYLAND REGISTER, VOL. 36, ISSUE 26 FRIDAY, DECEMBER 18, 2009

PROPOSED ACTION ON REGULATIONS05 • DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENTCOMMUNITY LEGACY

Community Legacy Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2000

08 • DEPARTMENT OF NATURAL RESOURCESFISHERIES SERVICE

Oysters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2003Fish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2003Terrapin and Snapping Turtles . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2003Horseshoe Crabs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2003Fishing License — Point Assignment, License Revocation and

Suspension Schedule and Criteria, and Hearing Procedure . . . . 2003Fishing Guide Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2003Yellow Perch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2003Fishing License — Point Assignment, License Revocation and

Suspension Schedule and Criteria, and Hearing Procedure . . . . 2006

09 • DEPARTMENT OF LABOR, LICENSING, ANDREGULATION

COMMISSIONER OF FINANCIAL REGULATIONMortgage Lenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2013Mortgage Loan Originators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2016Credit and Other Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2018Recordation of Security Instruments for Residential Property . . . 2019Foreclosure Procedures for Residential Property . . . . . . . . . . . . . . 2020

DIVISION OF LABOR AND INDUSTRYWorkplace Fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2021

BOARD OF PILOTSGeneral Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2023Pilots-in-Training, and Limited and Unlimited Licensed Pilots . . . . 2023Work Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2023

UNEMPLOYMENT INSURANCEObligations of Employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2024Employer Audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2025

10 • DEPARTMENT OF HEALTH AND MENTAL HYGIENEMEDICAL CARE PROGRAMS

Maryland Children’s Health Program . . . . . . . . . . . . . . . . . . . . . . . 2026Medical Assistance Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2026Primary Adult Care Program — Eligibility . . . . . . . . . . . . . . . . . . . 2026Personal Care Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2031Early and Periodic Screening, Diagnosis, and Treatment (EPSDT)

Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2032Expanded Early and Periodic Screening, Diagnosis and Treatment

(EPSDT) Referred Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2032Early and Periodic Screening, Diagnosis, and Treatment: Private

Duty Nursing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2037CANCER CONTROL

Cancer Registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2037FOOD

Food Service Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2040Processing, Transportation, Storage, and Distribution of Grade A

Milk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2046

13A • STATE BOARD OF EDUCATIONGENERAL INSTRUCTIONAL PROGRAMS

Graduation Requirements for Public High Schools In Maryland . . 2052

14 • INDEPENDENT AGENCIESSTATE HIGHER EDUCATION LABOR RELATIONS BOARD

Procedures Governing Employee Information . . . . . . . . . . . . . . . . 2053

23 • BOARD OF PUBLIC WORKSPUBLIC SCHOOL CONSTRUCTION

Administration of the Public School Construction Program . . . . . 2054

25 • OFFICE OF THE STATE TREASURERSTATE INSURANCE PROGRAMS

Procurements of Insurance Broker Services and CommercialInsurance Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2056

26 • DEPARTMENT OF THE ENVIRONMENTOIL POLLUTION AND TANK MANAGEMENT

Oil Pollution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2057Underground Storage Tanks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2058Underground Storage Tank Site Cleanup Reimbursement . . . . . . . 2059Trained Facility Operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2060

AIR QUALITYVolatile Organic Compounds from Specific Processes . . . . . . . . . 2064Volatile Organic Compounds from Specific Processes . . . . . . . . . 2066Volatile Organic Compounds form Specific Processes . . . . . . . . . 2068Volatile Organic Compounds from Specific Processes . . . . . . . . . 2070Volatile Organic Compounds from Specific Processes . . . . . . . . . 2073Volatile Organic Compounds from Specific Processes . . . . . . . . . 2074

29 • DEPARTMENT OF STATE POLICEINVESTIGATIONS INVOLVING THE EXERCISE OF FIRST AMENDMENT

ACTIVITIESCovert Investigations and Criminal Intelligence . . . . . . . . . . . . . . . 2076

31 • MARYLAND INSURANCE ADMINISTRATIONINSURERS

Market Conduct Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2078HEALTH INSURANCE — GENERAL

Wellness Program Incentives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2081HEALTH MAINTENANCE ORGANIZATIONS; ENTITIES THAT ACT AS

HEALTH INSURERPayments to Nonparticipating Providers . . . . . . . . . . . . . . . . . . . . 2081

LONG-TERM CARELong-Term Care Partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2083

SPECIAL DOCUMENTSMARYLAND DEPARTMENT OF TRANSPORTATION OFFICE OF

MINORITY BUSINESS ENTERPRISE (OMBE)Announcement of Calendar Year 2010 Limitation on the Personal

Net Worth of a Socially and Economically DisadvantagedIndividual as It Relates to Certification of a Minority BusinessEnterprise (MBE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2084

DEPARTMENT OF THE ENVIRONMENTSUSQUEHANNA RIVER BASIN COMMISSION

Notice of Projects Approved for Consumptive Uses ofWater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2084

GENERAL NOTICESBOARD OF ACUPUNCTURE

Public Meeting on Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2086BOARD FOR THE CERTIFICATION OF RESIDENTIAL CHILD CARE

PROGRAM ADMINISTRATORSPublic Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2086

COMPTROLLER OF THE TREASURYAdministration and Finance Reduction of Bond Authorization

Announcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2086CORRECTIONAL TRAINING COMMISSION

Public Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2086BOARD OF COSMETOLOGISTS

Public Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2086

1982 Contents


GOVERNOR’S OFFICE OF CRIME CONTROL AND PREVENTIONPublic Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2086

BOARD OF DENTAL EXAMINERSPublic Notice of Open Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . 2086

PROFESSIONAL STANDARDS AND TEACHER EDUCATION BOARDPublic Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2086

DEPARTMENT OF THE ENVIRONMENT/LAND MANAGEMENTADMINISTRATION

Public Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2086BOARD OF ENVIRONMENTAL SANITARIANS

Public Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2086BOARD OF EXAMINING ENGINEERS

Public Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2086DEPARTMENT OF GENERAL SERVICES/ARCHITECTURAL/

ENGINEERING/PROCUREMENT/GPSSBPublic Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2087

HALL OF RECORDS COMMISSIONPublic Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2087

DEPARTMENT OF HEALTH AND MENTAL HYGIENE — FAMILY HEALTHADMINISTRATION

Public Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2087DEPARTMENT OF HEALTH AND MENTAL HYGIENE/OFFICE OF HEALTH

SERVICESMaryland State Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2087

DEPARTMENT OF HEALTH AND MENTAL HYGIENE/MEDICAIDPHARMACY AND THERAPEUTICS COMMITTEE

Public Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2087BOARD OF HEATING, VENTILATION, AIR-CONDITIONING, AND

REFRIGERATION CONTRACTORS (HVACR)Public Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2087

DIVISION OF LABOR AND INDUSTRY/MARYLAND OCCUPATIONALSAFETY AND HEALTH (MOSH) ADVISORY BOARD

Public Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2087BOARD FOR PROFESSIONAL LAND SURVEYORS

Public Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2087MARYLAND HEALTH CARE COMMISSION

Public Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2087Notice of Request for Modification to Approved CON . . . . . . . . . . 2087

GOVERNOR’S COMMISSION ON MARYLAND MILITARY MONUMENTSPublic Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2088

MINORITY BUSINESS ENTERPRISE ADVISORY COMMITTEEPublic Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2088

BOARD OF MORTICIANS AND FUNERAL DIRECTORSPublic Meeting on Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2088Public Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2088

BOARD OF PILOTSPublic Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2088

POLICE TRAINING COMMISSIONPublic Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2088

BOARD OF EXAMINERS OF PSYCHOLOGISTSPublic Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2088

REAL ESTATE COMMISSIONPublic Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2088Public Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2088

MARYLAND BUSINESS TAX REFORM COMMISSIONPublic Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2088Public Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2088

BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORSPublic Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2088

1983Contents


Cumulative Table of COMAR RegulationsAdopted, 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 inthe Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division ofState 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 COMARnumber, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata pertain-ing to proposed regulations are listed, followed by “(err.)”. Regulations referencing a document incorporated by refer-ence are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposalsappears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

02 OFFICE OF THE ATTORNEY GENERAL02.01.11.01—.05 • 36:24 Md. R. 1861 (11-20-09)02.02.01.09 • 36:22 Md. R. 1727 (10-23-09)

05 DEPARTMENT OF HOUSING AND COMMUNITYDEVELOPMENT

05.02.03.02,.10—16 • 36:22 Md. R. 1728 (10-23-09) (ibr)05.17.01.02—.08,.13 • 36:26 Md. R. 2000 (12-18-09)

07 DEPARTMENT OF HUMAN RESOURCES07.02.05.01—.10 • 36:6 Md. R. 493 (3-13-09)07.02.06.01—.07 • 36:6 Md. R. 495 (3-13-09)07.03.05.04,.05,.10,.16,.17 • 36:19 Md. R. 1443 (9-11-09)07.07.01.02 • 36:25 Md. R. 1958 (12-4-09)07.07.10.04 • 36:22 Md. R. 1730 (10-23-09)

36:24 Md. R. 1860 (11-20-09) (err.)08 DEPARTMENT OF NATURAL RESOURCES

08.02.01.05 • 36:25 Md. R. 1959 (12-4-09)08.02.03.10,.14 • 36:25 Md. R. 1959 (12-4-09)08.02.04.16 • 36:26 Md. R. 2003 (12-18-09)08.02.05.02,.12,.21 • 36:26 Md. R. 2003 (12-18-09)08.02.06.01 • 36:26 Md. R. 2003 (12-18-09)08.02.08.14 • 36:23 Md. R. 1820 (11-6-09)08.02.10.01 • 36:26 Md. R. 2003 (12-18-09)08.02.13.02—.04 • 36:26 Md. R. 2006 (12-18-09)08.02.13.06 • 36:26 Md. R. 2003 (12-18-09)08.02.18.06 • 36:26 Md. R. 2003 (12-18-09)08.02.21.03 • 36:26 Md. R. 2003 (12-18-09)08.07.06.02 • 36:22 Md. R. 1730 (10-23-09)08.08.05.03 • 36:21 Md. R. 1598 (10-9-09)08.08.05.06 • 36:21 Md. R. 1599 (10-9-09)

09 DEPARTMENT OF LABOR, LICENSING, ANDREGULATION

09.01.09.01—.09 • 36:24 Md. R. 1863 (11-20-09)09.03.06.01—.04,.07,.15,.17—.19 • 36:26 Md. R. 2013 (12-18-09)09.03.09.01—.07 • 36:26 Md. R. 2016 (12-18-09)09.03.10.01,.03 • 36:26 Md. R. 2018 (12-18-09)09.03.11.01,.02 • 36:26 Md. R. 2019 (12-18-09)09.03.12.01,.02 • 36:26 Md. R. 2020 (12-18-09)09.10.01.17 • 36:20 Md. R. 1540 (9-25-09)09.10.01.59 • 36:21 Md. R. 1600 (10-9-09)09.10.04.04 • 36:13 Md. R. 913 (6-19-09)09.12.01.16,.16-1 • 36:2 Md. R. 126 (1-16-09)09.12.27.01—.04 • 36:24 Md. R. 1863 (11-20-09)09.12.40.05,.06 • 36:26 Md. R. 2021 (12-18-09)09.16.01.08 • 36:19 Md. R. 1454 (9-11-09)09.21.04.03 • 36:22 Md. R. 1732 (10-23-09)09.22.01.13 • 36:23 Md. R. 1821 (11-6-09)09.24.01.09 • 36:13 Md. R. 913 (6-19-09)09.26.01.04 • 36:26 Md. R. 2023 (12-18-09)09.26.02.06—.08 • 36:26 Md. R. 2023 (12-18-09)09.26.04.01 • 36:26 Md. R. 2023 (12-18-09)09.27.01.01—.08 • 36:24 Md. R. 1864 (11-20-09)09.27.02.01—.05 • 36:24 Md. R. 1864 (11-20-09)09.27.03.01,.02 • 36:24 Md. R. 1864 (11-20-09)09.32.01.18-3 • 36:26 Md. R. 2024 (12-18-09)09.32.09.01—.05 • 36:26 Md. R. 2025 (12-18-09)09.37.01.01—.20 • 36:18 Md. R. 1392 (8-28-09)

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENESubtitles 01 — 08 (1st Volume)

10.01.04.01—.10 • 36:23 Md. R. 1822 (11-6-09)10.07.01.01—.05,.07—.09,.28,.32 • 36:14 Md. R. 989 (7-6-09) (ibr)10.07.05.01—.28 • 36:17 Md. R. 1337 (8-14-09)

1984

REGULATIONS CODIFICATION SYSTEMUnder the COMAR codification system, every regula-

tion is assigned a unique four-part codification number bywhich it may be identified. All regulations found in CO-MAR are arranged by title. Each title is divided into num-bered subtitles, each subtitle is divided into numberedchapters, and each chapter into numbered regulations.

09.12.01.02D(2)(c)(iii)Title Chapter Section Paragraph

Subtitle Regulation Subsection Subparagraph

A regulation may be divided into lettered sections, a section divided into numbered subsections, a subsection dividedinto lettered paragraphs, and a paragraph divided into numbered subparagraphs.


Subtitle 09 (2nd Volume)10.09.07.04,.08 • 36:25 Md. R. 1962 (12-4-09)10.09.11.07—.09 • 36:26 Md. R. 2026 (12-18-09)10.09.20.02,.03,.07 • 36:26 Md. R. 2031 (12-18-09)10.09.23.01—.13 • 36:26 Md. R. 2032 (12-18-09)10.09.24.04,.07 • 36:26 Md. R. 2026 (12-18-09)10.09.24.13 • 36:23 Md. R. 1822 (11-6-09)10.09.27.06 • 36:23 Md. R. 1827 (11-6-09)10.09.37.01—.11 • 36:26 Md. R. 2032 (12-18-09)10.09.45.04 • 36:21 Md. R. 1589 (10-9-09) (err.)10.09.46.02 • 36:22 Md. R. 1733 (10-23-09)10.09.53.07 • 36:26 Md. R. 2037 (12-18-09)10.09.54.33 • 36:25 Md. R. 1963 (12-4-09)10.09.56.22 • 36:25 Md. R. 1963 (12-4-09)10.09.60.12 • 36:26 Md. R. 2026 (12-18-09)10.09.65.19 • 36:22 Md. R. 1734 (10-23-09)10.09.68.01—.03 • 36:23 Md. R. 1827 (11-6-09)10.09.76.14 • 36:22 Md. R. 1734 (10-23-09)

Subtitles 10 — 22 (3rd Volume)10.10.03.02 • 36:23 Md. R. 1829 (11-6-09)10.14.01.01—.08 • 36:26 Md. R. 2037 (12-18-09)10.15.03.02,.04,.06—.10,.12,.14—.19,.21—.23,

.25—.28,.30,.33 • 36:26 Md. R. 2040 (12-18-09)10.15.06.01—.19 • 36:26 Md. R. 2046 (12-18-09)10.15.07.01 • 36:17 Md. R. 1313 (8-14-09) (err.)10.21.25.09 • 36:22 Md. R. 1737 (10-23-09)

Subtitles 23 — 36 (4th Volume)

10.27.11.02 • 36:14 Md. R. 992 (7-6-09)10.29.05.03—.05 • 36:22 Md. R. 1738 (10-23-09)10.32.01.03 • 36:25 Md. R. 1964 (12-4-09)10.32.02.03 • 36:16 Md. R. 1265 (7-31-09)10.32.09.01—.09 • 36:18 Md. R. 1396 (8-28-09)10.33.01.02,.04—.10,.12—.15,

.17,.18 • 36:24 Md. R. 1865 (11-20-09)10.34.28.01,.02,.04—.12 • 36:25 Md. R. 1965 (12-4-09)

Subtitles 37 — 58 (5th Volume)

10.37.01.02 • 36:25 Md. R. 1969 (12-4-09)10.37.10.26 • 36:25 Md. R. 1970 (12-4-09)10.42.01.08,.16—.19 • 36:23 Md. R. 1830 (11-6-09)10.42.05.02 • 36:23 Md. R. 1830 (11-6-09)10.42.06.01—.11 • 36:13 Md. R. 929 (6-19-09)10.44.29.01—.19 • 36:1 Md. R. 53 (1-2-09)10.54.03.13,.14 • 36:22 Md. R. 1798 (10-23-09) (err.)10.58.01.10 • 36:19 Md. R. 1464 (9-11-09)10.58.07.14—.17 • 36:19 Md. R. 1464 (9-11-09)10.58.08.07 • 36:19 Md. R. 1464 (9-11-09)

11 DEPARTMENT OF TRANSPORTATION

11.03.01.01,.05 • 36:18 Md. R. 1402 (8-28-09)11.04.01.01—.12 • 36:24 Md. R. 1869 (11-20-09)11.04.02.01-1—.08 • 36:24 Md. R. 1873 (11-20-09)11.04.03.01,.02 • 36:24 Md. R. 1876 (11-20-09)11.04.04.01—.02,.04—.06 • 36:24 Md. R. 1876 (11-20-09)11.04.05.01—.03,.05,.06 • 36:21 Md. R. 1601 (10-9-09)11.04.06.01,.02 • 36:22 Md. R. 1739 (10-23-09)11.04.07.06,.09,.10,.12,.13,.16,.18 • 36:22 Md. R. 1740 (10-23-09)11.04.11.01,.03,.04,.06—.11 • 36:24 Md. R. 1878 (11-20-09)11.04.15.01—.05 • 36:21 Md. R. 1604 (10-9-09)11.07.03.01—.21,.23,.24 • 36:24 Md. R. 1879 (11-20-09)11.07.08.01—.06 • 36:24 Md. R. 1886 (11-20-09)11.07.10.01—.07 • 36:24 Md. R. 1888 (11-20-09)11.15.16.01 • 36:24 Md. R. 1890 (11-20-09)11.21.01.06 • 36:22 Md. R. 1741 (10-23-09)

12 DEPARTMENT OF PUBLIC SAFETY ANDCORRECTIONAL SERVICES

12.01.01.04,.06,.08 • 36:13 Md. R. 934 (6-19-09)12.02.28.01—.23 • 36:16 Md. R. 1266 (7-31-09)

13A STATE BOARD OF EDUCATION13A.01.04.08 • 36:19 Md. R. 1475 (9-11-09)13A.03.02.04 • 36:26 Md. R. 2052 (12-18-09)13A.03.03.01,.02 • 36:18 Md. R. 1392 (8-28-09)

13A.04.01.01 • 36:19 Md. R. 1475 (9-11-09)13A.04.08.01 • 36:19 Md. R. 1475 (9-11-09)13A.04.09.01 • 36:19 Md. R. 1475 (9-11-09)13A.04.11.01,.02 • 36:24 Md. R. 1891 (11-20-09)13A.04.12.01 • 36:19 Md. R. 1475 (9-11-09)13A.04.14.01 • 36:19 Md. R. 1475 (9-11-09)13A.06.02.02 • 36:19 Md. R. 1475 (9-11-09)13A.07.01.01—.08 • 36:21 Md. R. 1607 (10-9-09) (ibr)13A.09.10.15,.17,.20 • 36:19 Md. R. 1475 (9-11-09)13A.12.02.24 • 36:24 Md. R. 1892 (11-20-09)

14 INDEPENDENT AGENCIES

14.01.10.02,.05,.13,.14 • 36:23 Md. R. 1832 (11-6-09)14.01.12.01—.07 • 36:23 Md. R. 1832 (11-6-09)14.09.01.25 • 36:22 Md. R. 1760 (10-23-09)14.30.12.01 • 36:26 Md. R. 2053 (12-18-09)

15 DEPARTMENT OF AGRICULTURE15.05.01.08 • 36:19 Md. R. 1476 (9-11-09)15.14.10.03,.04 • 36:16 Md. R. 1282 (7-31-09)

17 DEPARTMENT OF BUDGET AND MANAGEMENT

17.04.13.09 • 36:24 Md. R. 1893 (11-20-09)20 PUBLIC SERVICE COMMISSION

20.31.01.02 • 36:19 Md. R. 1478 (9-11-09)36:25 Md. R. 1956 (12-4-09)

20.79.01.06 • 36:23 Md. R. 1819 (11-6-09) (err.)21 STATE PROCUREMENT REGULATIONS

21.01.03.01 • 36:22 Md. R. 1762 (10-23-09)21.05.01.08 • 36:22 Md. R. 1762 (10-23-09)21.11.03.03,.04,.06,.09,.17 • 36:22 Md. R. 1763 (10-23-09)

22 STATE RETIREMENT AND PENSION SYSTEMS

22.01.13.01,.02 • 36:23 Md. R. 1835 (11-6-09)23 BOARD OF PUBLIC WORKS

23.03.02.06 • 36:26 Md. R. 2054 (12-18-09)

25 OFFICE OF THE STATE TREASURER

25.02.07.01—.04 • 36:26 Md. R. 2056 (12-18-09)

26 DEPARTMENT OF THE ENVIRONMENT

Subtitles 01—07 (Part 1)

26.04.04 • 36:23 Md. R. 1819 (11-6-09) (err.)26.04.04.01—.39 • 36:22 Md. R. 1765 (10-23-09)

36:25 Md. R. 1971 (12-4-09)26.04.10.09,.10 • 36:20 Md. R. 1552 (9-25-09)

Subtitles 08 — 12 (Part 2)26.08.01.01 • 36:9 Md. R. 660 (4-24-09)26.08.02.02,.03-2,.03-3,.05-1,.08 • 36:9 Md. R. 660 (4-24-09) (ibr)26.10.01.04,.12 • 36:26 Md. R. 2057 (12-18-09)26.10.02.03-2,.06 • 36:26 Md. R. 2058 (12-18-09)26.10.04.01 • 35:21 Md. R. 1851 (10-10-08)26.10.14.03 • 36:26 Md. R. 2059 (12-18-09)26.10.16.01—.08 • 36:26 Md. R. 2060 (12-18-09)26.11.19.07 • 36:26 Md. R. 2064 (12-18-09)26.11.19.09-1 • 36:26 Md. R. 2066 (12-18-09)26.11.19.10,.10-1 • 36:26 Md. R. 2068 (12-18-09)26.11.19.11 • 36:26 Md. R. 2070 (12-18-09)26.11.19.15 • 36:26 Md. R. 2073 (12-18-09)26.11.19.32,.33 • 36:26 Md. R. 2074 (12-18-09)

Subtitles 13—18 (Part 3)26.14.02.02,.02-1,.02-2,.02-3 • 36:22 Md. R. 1782 (10-23-09)

27 CHESAPEAKE BAY CRITICAL AREA COMMISSION

27.01 • 36:25 Md. R. 1973 (12-4-09) (err.)27.01.01.01 • 36:19 Md. R. 1480 (9-11-09)27.01.01,.02 • 36:24 Md. R. 1895 (11-20-09)27.01.02.03—.05 • 36:19 Md. R. 1480 (9-11-09)27.01.05.01,.02,.03 • 36:24 Md. R. 1895 (11-20-09)27.01.09.01—.01-7 • 36:24 Md. R. 1895 (11-20-09)27.01.09.01,.02 • 36:19 Md. R. 1480 (9-11-09)

PENDING PROPOSALS 1985


27.02.01.01 • 36:19 Md. R. 1480 (9-11-09)27.02.05.03,.09,.10 • 36:19 Md. R. 1480 (9-11-09)

29 MARYLAND STATE POLICE

29.06.06.01—.07 • 36:20 Md. R. 1554 (9-25-09)29.08.01.01—.05 • 36:26 Md. R. 2076 (12-18-09)

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICALSERVICES SYSTEMS (MIEMSS)

30.01.02.01 • 36:22 Md. R. 1796 (10-23-09) (ibr)

31 MARYLAND INSURANCE ADMINISTRATION

31.04.20.01—.10 • 36:26 Md. R. 2078 (12-18-09)31.08.12.01—.06 • 36:18 Md. R. 1406 (8-28-09)31.09.14.01—.05 • 36:23 Md. R. 1835 (11-6-09)31.10.06.27 • 36:17 Md. R. 1313 (8-14-09) (err.)31.10.37.01—.05 • 36:22 Md. R. 1797 (10-23-09)31.10.38.02,.03 • 36:26 Md. R. 2081 (12-18-09)31.12.08.01—.06 • 36:26 Md. R. 2081 (12-18-09)31.14.03.04,.05,.07,.09 • 36:26 Md. R. 2083 (12-18-09)31.15.07.02,.10 • 36:21 Md. R. 1621 (10-9-09)31.17.03.02,.14 • 36:17 Md. R. 1365 (8-14-09)

33 STATE BOARD OF ELECTIONS

33.17.02.01—.04 • 36:19 Md. R. 1485 (9-11-09)33.17.03.01 • 36:25 Md. R. 1971 (12-4-09)33.17.04.01—.05 • 36:25 Md. R. 1971 (12-4-09)33.17.05.01—.03 • 36:25 Md. R. 1971 (12-4-09)

35 DEPARTMENT OF VETERANS AFFAIRS35.05.01.01—.04 • 36:21 Md. R. 1622 (10-9-09)

36:22 Md. R. 1799 (10-23-09) (err.)

Availability of Monthly Listof Maryland Documents

The Maryland Department of Legislative Servicesreceives copies of all publications issued by State officersand 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 reg-ular 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 Departmentof Legislative Services, 90 State Circle, Annapolis, MD21401.

COMAR OnlineThe Code of Maryland Regulations is available at

www.dsd.state.md.us as a free service of the Office ofthe Secretary of State, Division of State Documents.The full text of regulations is available and search-able. Note, however, that the printed COMAR contin-ues to be the only official and enforceable version ofCOMAR.

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

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

CLOSING DATES and ISSUE DATESthrough JULY 30, 2010

ISSUE DATE

Emergencyand

ProposedRegulations*

5:00 p.m.

FinalRegulations

10:30 a.m.

Notices,etc.

10:30 a.m.

January 4*** December 11 December 22 December 18January 15 December 22 January 6 January 4January 29** January 11 January 20 January 15February 12 January 25 February 3 February 1February 26** February 8 February 17 February 12March 12 February 22 March 3 March 1March 26 March 8 March 17 March 15April 9 March 22 March 31 March 29April 23 April 5 April 14 April 12May 7 April 19 April 28 April 26May 21 May 3 May 12 May 10June 4** May 17 May 25 May 21June 18** May 27 June 9 June 7July 2 June 14 June 23 June 21July 16** June 28 July 7 July 2July 30 July 12 July 21 July 19

*Due date for documents containing 25 to 60 pages—48hours before date shownDue date for documents exceeding 60 pages—1 week beforedate shown**Note closing date changes***Note issue date change

The regular closing date for Proposals and Emergen-cies is Monday.

PENDING PROPOSALS1986


Open Meetings Compliance Board

6 Official Opinions of the Compliance Board 192 (2009)

November 23, 2009

Kim Kohl, Executive DirectorSassafras River AssociationP.O. Box 333Georgetown, Maryland 21930

The Open Meetings Compliance Board has consideredyour complaint suggesting that the County Commissionersof Kent County may have violated the Open Meetings Acton March 3, 2009, by considering matters during a closedsession that exceeded the permissible bounds for which ameeting may be closed. For the reasons explained below, wefind that no violation occurred.

I

Complaint and Response

According to the complaint, on March 3, 2009, the KentCounty Commissioners conducted a closed meeting regard-ing a proposed rubble landfill in the northern part of KentCounty. Those in attendance included the Commissioners,the County’s Economic Development Director, and four rep-resentatives from Kent Recycling and Land Reclamation,LLC. The Sassafras River Association has significant envi-ronmental concerns regarding the proximity of the proposedsite to the Sassafras River. According to the complaint, theSassafras River Association is satisfied that ‘‘there wereconfidential elements of the . . . meeting that are in accor-dance with Section 10-508.’’1 However, ‘‘the Association re-mains concerned that there were other related items dis-cussed during that meeting that do not qualify for closedsession status.’’ (emphasis in original).2

In a timely response on behalf of the County Commission-ers, Thomas Yeager, County Attorney, indicated that theCommissioners’ position is that no violation of the OpenMeetings Act occurred. The meeting was closed pursuant to§ 10-508(a)(4). Citing 1 OMCB Opinions 28 (1993), the re-sponse noted that ‘‘this exception . . . reflects the legisla-ture’s understanding that some businesses might be de-terred from making proposals about relocation, expansion,or retention if all such discussions were open to publicview.’’ Included with the response was a copy of the writtenstatement prepared in closing the meeting which indicatedunder topics to be discussed, ‘‘[b]usiness proposing to locatein Kent County and assistance being sought from county toenable this business proposal.’’ Under the caption ‘‘reasonfor closing,’’ the document indicated ‘‘[r]equest from busi-ness for closed discussion to protect its proprietary informa-

tion and negotiations that are taking place to enable thisbusiness to locate in the county.’’

The response also noted that the publicly available min-utes confirmed that discussions were limited to those mat-ters for which a closed meeting is permitted. The summaryof the closed session included in the minutes reflects thatthe topics of discussion related to a proposal for a businessto locate in the County and assistance from the County. Thisdocument identified the applicable business and indicatedthat the consensus among the Commissioners was that fur-ther research was required before it could be determinedwhether or not it was in the County’s interest to participatein the project.

Finally, the response included a copy of the minutes of theclosed meeting with the understanding the document wouldremain confidential. As summarized in the County’s re-sponse, ‘‘the minutes indicate that there was a proposal re-garding the location of a new business within the county,some question were asked by the Commissioners in that re-gard, and a consensus was reached among the Commission-ers that further research is needed by the business. Nothingelse was discussed.’’

II

Analysis

The Open Meetings Act provides an exception whereby apublic body has the option to close a meeting, subject to theAct’s procedural requirements, in order to ‘‘consider a mat-ter that concerns the proposal for a business or industrialorganization to locate, expand, or remain in the State.’’ §10-508(a)(4). Like any exception under §10-508(a), this excep-tion must be strictly construed. §10-508(c). Thus, we havepreviously held that this exception only extends to propos-als involving a private entity. 2 OMCB Opinions 56, 59(1999).

The public record of the closed session is rather limited.The statement prepared in advance of the closed session re-veals that a business proposed to locate in the County andthat County assistance was sought. It also stated that thebusiness requested that the meeting be closed ‘‘to protect-. . . proprietary information’’ and ongoing negotiations. Thesummary provided in the publicly available minutes sheds alittle more light, revealing who was present and that theCommissioners felt further research was needed. Althoughthe summary reflects that representatives of Kent Recy-cling and Land Reclamation, LLC were present, the readeris left to guess the nature of the business activity at issue.

However, the closed session minutes provided, amongother information, significant detail in terms of the respec-tive roles of the business and the County should the pro-posal move forward. But given that the available details areconfined to this document, we are limited in our ability topublicly address the scope of discussions. Nevertheless, inour view, discussion did not transcend the exception reliedon in closing the meeting.

While the Act requires that the exception be construednarrowly, that does not mean that the County Commission-ers could not address any collateral matters — matters thatthe Commissioners would be expected to address in evaluat-ing a business proposal. While the scope of discussions wasindeed broad, it is unrealistic to expect that the matters dis-cussed could have been practically separated and discussedoutside of the context of the specific business proposal.Thus, based on our review of the record, the County Com-

1 All statutory citations are to the Open Meetings Act, Title 10, Sub-title 5 of the State Government Article, Annotated Code of Mary-land.2 Prior to filing the complaint the Sassafras River Association sub-mitted a Public Information Act request to the County Commission-ers’ office for records relating to the meeting, including minutes ofthe closed session. The county denied the request. Under the OpenMeetings Act, generally minutes of a closed session are consideredsealed unless the public body chooses to make them public. §10-509(c)(3). Although the minutes are available to the ComplianceBoard, we are required to maintain the confidentiality of the docu-ment unless the public body chooses to make it public. §10-502.5(c)(2)(iii). Of course, we have no authority to address access toany documents not required under the Open Meetings Act.

1987


missioners did not violate the Act when they met with rep-resents of a private business to discuss the business pro-posal at issue.

III

Conclusion

We find that the County Commissioners of Kent Countydid not violate the Open Meetings Act when they met in aclosed meeting with representatives of a private sector en-tity to discuss a business proposal that the representativesdesired to develop in Kent County.

Open Meetings Compliance BoardElizabeth L. Nilson, EsquireCourtney J. McKeldinJulio Morales, Esquire

[09-26-15]

OPEN MEETINGS COMPLIANCE BOARD1988


Judiciary

COURT OFAPPEALS OF MARYLAND

STANDING COMMITTEE ON RULES OFPRACTICE AND PROCEDURE

Notice of Open MeetingThe Standing Committee on Rules of Practice and Proce-

dure will hold an open meeting on Friday, January 8, 2010,in the Judiciary Education and Conference Center, 2011-DCommerce Park Drive, Annapolis, Maryland, commencingat 9:30 a.m., to consider (1) a proposed revision of Rule 16-814, Maryland Code of Conduct for Judicial Appointees; (2)proposed new Rule 16-206, Problem Solving Court Pro-grams; and (3) any other questions relating to rules changesas may be brought before the meeting.

For further information contact Sandra F. Haines, Re-porter, (410) 260-3630.

[09-26-11]

DISCIPLINARY PROCEEDINGS

This is to certify that by an Order of this Court dated No-vember 24, 2009, JOHN LYSTER HILL, 1205 BritaniaLane, Annapolis, MD 21401, has been disbarred by consentfrom the further practice of law in this State and his nameas an attorney at law has been stricken from the register ofattorneys in this Court (Maryland Rule 16-713).

* * * * * * * * * *

This is to certify that by an Order of this Court dated De-cember 1, 2009, L. DAVID RITTER, 7107 John CalvertCourt, Elkridge, MD 21075, has been placed on inactive sta-tus by consent from the further practice of law in this Stateand his name as an attorney at law has been stricken fromthe register of attorneys in this Court (Maryland Rule 16-713).

* * * * * * * * * *

This is to certify that by Opinion and Order of this Courtdated December 4, 2009, ADEKUNLE B. OLUJOBI (AWO-JOBI), 5000 Sunnyside Avenue, Suite 104, Beltsville, MD20770, has been disbarred from the further practice of lawin this State and his name an attorney at law has beenstricken from the register of attorneys in this Court (Mary-land Rule 16-713).

CORRECTION TODISCIPLINARY PROCEEDINGS

The notice published at 31:10 Md. R. 788 (November 19,2009) regarding GEORGE SIMON JAROSINSKI was incor-rect. The correct notice follows:

This is to certify that by an Opinion and Order of thisCourt, GEORGE SIMON JAROSINSKI, 3655-A Old CourtRoad, Suite 1, Pikesville, MD 21208, has been disbarredfrom the practice of law in this State on November 16, 2009.

[09-26-49]

SCHEDULE

Thursday, January 7, 2010Bar Admissions

AG 2 Attorney Grievance Commission of Mary-land v. Jeffrey S. Marcalus

No. 52 Ameriquest Mortgage Company v. Para-mount Mortgage Services, Inc.

No. 50 William Edward Dillard v. State of Mary-land

No. 57 Thomas Boemio v. Cynthia BoemioNo. 54 J. Michael Stouffer, Commissioner of Cor-

rection v. Troy Reid

Friday, January 8, 2010

No. 63 Catherine A. Moreland Johnson v. JamesMichael Johnson

No. 56 Troy Briggs v. State of MarylandNo. 62 Timothy A. Frey, et al. v. Comptroller of

the TreasuryNo. 64 Rafael Flanagan v. Department of Human

Resources, Baltimore City Office ofChild Support Enforcement, ex rel. Bal-timore City Department of Social Ser-vices

Monday, January 11, 2010

AG 5 Attorney Grievance Commission of Mary-land v. Lucille Saundra White

AG 52 Attorney Grievance Commission of Mary-land v. Godson M. Nnaka (2008 T.)

No. 58 Elizabeth M. Carven v. State Retirementand Pension System of Maryland

No. 61 Kelroy Williamson v. State of MarylandNo. 59 Goldfield, Inc. v. Hartford Casualty Insur-

ance Company

Tuesday, January 12, 2010

AG 9 Attorney Grievance Commission of Mary-land v. Cotie W. Jones

No. 66 Prince of Peace Lutheran Church, et al. v.Mary Linklater

No. 60 Joel Falik, et al. v. James Hornage, et al.No. 90 Joel Falik, et al. v. Clint Holthus, et ux.

On the day of argument, counsel are instructed to registerin the Clerk’s Office not later than 9:30 a.m. unless other-wise notified.

After January 12, 2010, the Court will recess until Febru-ary 4, 2010.

BESSIE M. DECKERClerk

[09-26-39]

1989


COURT OFSPECIAL APPEALS

Schedule for January 4, 5, 6, 7, 8, 11, 12, 13,14, 15, 19, 2010

Monday, January 4, 2010Courtroom No. 1

No. 01531/08 Maryland Transit Administration vs. An-thony Zei

No. 01527/09** State of Maryland vs. Ramon Dante RichNo. 02631/08 Financial Casualty & Surety, Inc. vs. State

of Maryland et al.No. 02699/08 Carlos Domingo Alvarez vs. State of Mary-

landNo. 00009/09***Gary L. Heit vs. Kathryn StansburyNo. 00990/09***Gary L. Heit vs. Kathryn Stansbury**120 DAY RULE***Consolidated Cases

Courtroom No. 2

No. 01182/07 Kevin Martin vs. Timothy Davis vs. Stateof Maryland

No. 00776/09 Gail A. Kearney Individually etc. et al. vs.Robert S. Berger

No. 02497/08 Granite State Insurance Company vs.Edin Najarro Hernandez et al.

No. 02100/08 Robert C. Nelson vs. Shirl NelsonNo. 01988/08 Thomas G. Ramsburg et al. vs. Litton

Loan Servicing, L.P.

Tuesday, January 5, 2010Courtroom No. 1

No. 02319/08 Clayton Townsend vs. Kids N Care Learn-ing Center, LLC et al.

No. 00853/08* In Re: Adoption/Guardianship of LamontJ.

No. 01626/08 Marcus Eugene Sanders vs. State of Mary-land

No. 02327/08 Walter R. Haynie vs. Rebecca L. Kuster*8-207(a)

Courtroom No. 2

No. 02287/08 Charles T. Brannan, Jr. et al. vs. Wallace& Gale Asbestos Settlement Trust

No. 02364/08 Nancy E. Lasater vs. John S. Guttmann,Jr.

No. 02051/08 James K. vs. State of MarylandNo. 00266/09 Robert B. vs. State of Maryland

Wednesday, January 6, 2010Courtroom No. 1

No. 00511/08 John W. Raley vs. Government EmployeesInsurance Company

No. 01684/08 Long Ho vs. John HuynhNo. 02463/08 State Board of Dental Examiners vs.

Deborah K. TabbNo. 02301/08 WJLA-TV/NewsChannel 8 et al. vs. Car-

rollton Bank et al.

Courtroom No. 2

No. 01679/07 Dwayne Antonio Peaks vs. State of Mary-land

No. 01594/08 Sandra Williams vs. Town of Charlestown,Maryland et al.

No. 01787/08 Calvin Liptrap vs. FIA Card Services, N.A.No. 02261/08 John C. Price et al. vs. Upper Chesapeake

Health Ventures, Inc. vs.No. 02016/08 Robert A. Thomas vs. Robie Lynn Allen-

Thomas

Thursday, January 7, 2010Courtroom No. 1

No. 01463/08 Rozza Alston vs. State of MarylandNo. 01874/08 Martha Sprinkle vs. Fellowship House,

Inc. et al.No. 02244/08 Maryland Construction, Inc. vs. Collins/

Snoops & Associates, Inc.No. 02508/08 Mary Thomas vs. Panco Management of

Maryland, LLC et al.

Courtroom No. 2

No. 00959/08 John Crane, Inc. vs. Thomas Hastings etal.

No. 02778/08 Willie Frank Corbin, II vs. State of Mary-land

No. 01445/08 Phillip Cranston Sutton vs. State of Mary-land

No. 02281/08 Meldon S. Hollis, Jr. vs. The Client Protec-tion Fund of the Bar of Maryland

Friday, January 8, 2010Courtroom No. 1

No. 02857/08 Stacy L. Fletcher vs. C. Dwight FletcherNo. 02280/08 Taylor Electric Co., Inc vs. First Mariner

BankNo. 02305/08 Betty H. Shamer et al. vs. Eugene F.

Boreni et al.No. 01528/08 Mary Shaw vs. Department of Health and

Mental Hygiene

Courtroom No. 2

No. 02446/08 Debora Elizabeth Whitten vs. April LynnHanzlik et al.

No. 02246/08 James L. Simmons vs. Tanya Morgan-Braxton

No. 02460/08 Rene Gonzalez et al. vs. Linda WinterNo. 02424/08 Sharon Plummer Hardinger, Personal

Representative of the Estate of RobertW. Plummer vs. CSX Transportation,Inc.

No. 02532/08 Gia Magliano vs. State of Maryland

Monday, January 11, 2010Courtroom No. 1

No. 02435/08 Michael Milburn vs. Bowie State Univer-sity

No. 00422/09* Yvonne Dias vs. Anthony Diggs, Sr.No. 00929/09* Scott Matthew Wardle vs. Audra Lynn

WardleNo. 01464/08 Tranell Dansbury vs. State of Maryland*8-207(a)

THE JUDICIARY1990


Courtroom No. 2

No. 02734/08 Dowvikeo Melton vs. State of MarylandNo. 01080/09* Karen Elizabeth Cook vs. Richard Michael

CookNo. 02503/08 Fire & Police Employees’ Retirement Sys-

tem of the City of Baltimore vs. AmyMiddleton

No. 02820/08 Victoria M. Olds vs. Warren L. Dykes et al.*8-207(a)

Tuesday, January 12, 2010Courtroom No. 1

No. 02024/08 Benedict Kargbo vs. Douglas GastonNo. 02034/08 Wicomico County Fraternal Order of Po-

lice, Lodge 111 et al. vs. WicomicoCounty, Maryland et al.

No. 02056/08 Shawn Johnson vs. State of MarylandNo. 01111/08 Broderick Blair Patterson vs. State of

MarylandNo. 02207/08 Sheriann Radtke et vir vs. Harold Bowles

et al.

Courtroom No. 2

No. 02602/08 Albert Marsico vs. Rose MarsicoNo. 00818/09* In Re: Nickkiann M.No. 02455/08 Edward Jean Welker, Personal Represen-

tative of the Estate of Jean EdwardWelker vs. Robert Mowrey

No. 02887/08 Leshone Jackson vs. State of Maryland*8-207(a)

Wednesday, January 13, 2010Courtroom No. 1

No. 01653/08 Natasha Terresa Fowlkes vs. State ofMaryland

No. 02618/08 Michelle L. Bauguess vs. Barry W. Bau-guess

No. 02498/08 Elizabeth Leslie Hebb vs. Maren E. Junk,Personal Representative of the Estate ofDavid Alan Junk

No. 01619/08 Floyd Reynaldo Nash vs. State of Mary-land

No. 02450/08 Jay Wenger vs. Paypal, Inc. et al.

Courtroom No. 2

No. 02431/08 Joseph F. Andrulonis vs. Mary I. Andrulo-nis

No. 01008/08 James Thomas Davis vs. State of Mary-land

No. 02314/08 Baltimore City Board of School Commis-sioners vs. Koba Institute, Inc.

No. 02438/08 Peter Arthur Marissael vs. Dianne NelsonMarissael

No. 02377/08 Raymond D. Moss et ux. vs. Miller, Miller& Canby, Chtd.

Thursday, January 14, 2010All cases submitted on brief

Courtroom No. 1

No. 01569/07 Willie James Williams vs. State of Mary-land

No. 01164/09* In Re: Aaliyah E., Tammie E. and TalyahB.

No. 01947/06***Joseph Omar Smith vs. State of MarylandNo. 01952/06***Cyrus Lee Beads vs. State of Maryland

No. 02911/08 Christian Edward Holmes vs. State ofMaryland

No. 00426/08 Anthony Julius Horton vs. State of Mary-land

No. 00557/08 Lamont Anthony Brooks vs. State of Mary-land

No. 01249/08 Craig William Pennington vs. State ofMaryland

No. 01459/08 Craig William Pennington vs. State ofMaryland

No. 00593/08 Anthony A. Ruiz vs. State of MarylandNo. 00852/08 Johnnie Wilson Jones, Jr. vs. State of

MarylandNo. 02180/07 Jeffrey Keith Smith vs. State of Maryland*8-207(a)***Consolidated Cases

Courtroom No. 2

No. 02388/08***Woodrow D. Wollesen vs. Ana Maria Sa-casa

No. 00107/09***Woodrow D. Wollesen vs. Ana Maria Sa-casa

No. 01406/09* In Re: Kyeron B.No. 01358/09* In Re: Travis S., Jasmynn S. and Jonah W.No. 00920/08 James Clarence Urie vs. State of Mary-

landNo. 01032/08 Andre Marlin a/k/a Kendrick Martin vs.

State of MarylandNo. 01176/08 Rohan M. Campbell vs. State of MarylandNo. 00921/08 Antonio Barrios vs. State of MarylandNo. 01132/08 Antoine Levar Griffin vs. State of Mary-

landNo. 01209/08 Michael Eugene Stratton vs. State of

MarylandNo. 00951/08 Andre Delshawn Corbett vs. State of

MarylandNo. 01174/08 Robert M. Brunner vs. State of MarylandNo. 00976/08 Lerone K. Scales vs. State of Maryland*8-207(a)***Consolidated Cases

Friday, January 15, 2010All cases submitted on brief

Courtroom No. 1

No. 02448/08 Maduakolam Ukandu vs. Department ofPublic Safety and Correctional Services,Maryland Reception-Diagnostic andClassification Center

No. 01320/09* In Re: Jasmine S.No. 01443/08 David Lee Anderson, Jr. vs. State of Mary-

landNo. 01239/08 Richard W. Williams, Jr. vs. State of Mary-

landNo. 01501/08 Donte Lamont Tyner vs. Tavon Berson

Tyner vs. State of MarylandNo. 01609/08 Nicolas Andre Goolsby vs. State of Mary-

landNo. 01388/08 Constance Walker vs. State of MarylandNo. 01582/08 Renardo Antion Humphrey vs. State of

MarylandNo. 01617/08 Lorne Deandre Williams vs. State of Mary-

landNo. 01410/08 Cordero Dante Taylor vs. State of Mary-

landNo. 01620/08 Kevin Maurice Dupree vs. State of Mary-

land

THE JUDICIARY 1991


No. 01622/08 Rose Maria Watkins-Marshall vs. State ofMaryland

No. 01432/08 Andrew Somah Harmon vs. State of Mary-land

*8-207(a)

Courtroom No. 2

No. 01071/09* David Michael Carlin vs. Theresa MaryLeahy-Carlin

No. 01161/09* In Re: Julie T.No. 01637/08 Simeon Leonard Younger vs. State of

MarylandNo. 00108/09 Tommy Walter Cox vs. State of MarylandNo. 00091/09 Antonia D. Hurd vs. State of MarylandNo. 00250/09 Dwayne Anthony Brewer, Sr. vs. State of

MarylandNo. 01723/08 Alfred Jerome Reeves vs. State of Mary-

landNo. 01749/08 Derrick Darnell Hill Harris vs. State of

MarylandNo. 01484/08 Michael Hayes a/k/a Michael Evans vs.

State of MarylandNo. 01759/08 Antoine Leonard Mackall vs. State of

MarylandNo. 01643/08 David Lee Miller vs. State of MarylandNo. 02561/08 Charles Westbrook, III vs. Department of

Public Safety and Correctional Services*8-207(a)

Tuesday, January 19, 2010All cases submitted on brief

Courtroom No. 1

No. 00529/09* Stephen W. Hutchinson vs. Gloria W. Bar-clay

No. 02735/08 Zachary Williams vs. State of MarylandNo. 01380/09* In Re: John A., Jr. and Taylor A.No. 02732/08 Elvert Street vs. State of MarylandNo. 02693/08 Lemuel Lindsay McGlone, Jr. vs. State of

MarylandNo. 02069/08 Charles Hill a/k/a Charles Bass vs. State

of MarylandNo. 01700/08 Shaun Maurice Baines vs. State of Mary-

landNo. 02068/08 Umi Crumpton vs. State of MarylandNo. 01940/08 Lloyd McKenzie Phillips vs. State of Mary-

landNo. 02058/08 Melvin Martin vs. State of MarylandNo. 00295/08 Kenneth McNeal Brown vs. State of Mary-

landNo. 02059/08 Derrick Dwayne Collins a/k/a Darrell

Johnson vs. State of MarylandNo. 01165/09* In Re: Purcell P.*8-207(a)

Courtroom No. 2

No. 02789/08 Gerald Thomas Titus, Jr. vs. State ofMaryland

No. 02990/08 Samuel Johnson, IV vs. State of MarylandNo. 00753/07 Connie Van Diest f/k/a Connie Lewis vs.

Ronald LewisNo. 02917/08 Jerry Adam Helms, Jr. vs. State of Mary-

landNo. 01926/08 James Walter Barry, Jr. vs. State of Mary-

landNo. 01377/09* In Re: Rebecca T.

No. 02055/08 Donnell Chambers a/k/a Donel Chambersvs. State of Maryland

No. 02000/08 Andre Michael Beasley vs. State of Mary-land

No. 02033/08 Patrick Kamara vs. State of MarylandNo. 02043/08 Larry Darnell Roberts vs. State of Mary-

landNo. 02054/08 Aaron Speaks vs. State of Maryland*8-207(a)

On the day of argument, counsel are instructed to registerin the Office of the Clerk not later than 9 a.m. The Courtis located at 361 Rowe Boulevard, in the Robert C. MurphyCourts of Appeals Building. After January 19, 2010, theCourt will recess until February, 2010.

LESLIE D. GRADETClerk

ADMINISTRATIVE ORDERPursuant to Maryland Rule 8-522(a), I hereby direct that

oral argument in the month of January be limited to 20minutes per side, subject to the discretion of the hearingpanel to allow additional argument, not exceeding a total of30 minutes per side.

This directive applies only to cases scheduled in January,2010.

Chief Judge’s signature appears onoriginal Administrative Order

Dated: November 19, 2009

[09-26-20]

THE JUDICIARY1992


Emergency Action On Regulations

Title 09DEPARTMENT OF

LABOR, LICENSING, ANDREGULATION

Subtitle 12 DIVISION OF LABOR ANDINDUSTRY

09.12.27 Tower Crane Operator CertificationAuthority: Business Occupations and Professions Article, Title 9.5; Labor

and Employment Article, §§2-106(b)(4) and 5-312;Annotated Code of Maryland

Notice of Emergency Action[09-348-E]

The Joint Committee on Administrative, Executive, andLegislative Review has granted emergency status to newRegulations .01 — .04 under a new chapter, COMAR09.12.27 Tower Crane Operator Certification.

Emergency status began: November 16, 2009.Emergency status expires: May 13, 2010.

Editor’s Note: The text of this document will not be printedhere because it appeared as a Notice of Proposed Action in36:24 Md. R. 1863 — 1864 (November 20, 2009), referencedas [09-348-P].

RONALD J. DEJULIISCommissioner of Labor and Industry

1993

Symbol Key

• Roman type indicates text existing before emergency status was granted.• Italic type indicates new text.• [Single brackets] indicate deleted text.

Emergency Regulations

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


Final Action On Regulations


HUMAN RESOURCESSubtitle 03 FAMILY INVESTMENT

ADMINISTRATION07.03.03 Family Investment Program

Authority: Human Services Article, §5-207, Title 5, Subtitle 3,Annotated Code of Maryland;

Ch. 469, Acts of 2009

Notice of Final Action[09-294-F]

On November 25, 2009, the Secretary of Human Re-sources adopted amendments to Regulation .02, .04, .06,.07-1, .08, .10, .12, .15 — .17, and .19 under COMAR07.03.03 Family Investment Program. This action,which was proposed for adoption in 36:19 Md. R. 1440 —1443 (September 11, 2009), has been adopted as proposed.

Effective Date: December 28, 2009.

BRENDA DONALDSecretary of Human Resources

Subtitle 03 FAMILY INVESTMENTADMINISTRATION

07.03.07 Public Assistance to AdultsAuthority: Human Services Article, §§5-205(a), 5-207(a), 5-403 — 5-407,

and 5-409,Annotated Code of Maryland


On November 25, 2009, the Secretary of Human Re-sources adopted amendments to Regulations .04 and .07 un-der COMAR 07.03.07 Public Assistance to Adults. Thisaction, which was proposed for adoption in 36:20 Md. R.1533 — 1534 (September 25, 2009), has been adopted asproposed.


BRENDA DONALDSecretary of Human Resources




09.12.26 Crane SafetyAuthority: Labor and Employment Article, §§2-106(b)(4) and 5-104,

Annotated Code of Maryland

Notice of Final Action[09-347-F-I]

On December 9, 2009, the Commissioner of Labor and In-dustry adopted amendments to Regulations .03, .04, .06,.08, .09, and .12 under COMAR 09.12.26 Crane Safety.This action, which was proposed for adoption in 36:22Md. R. 1731 — 1732 (October 23, 2009), has been adoptedas proposed.


J. RONALD DEJULIISCommissioner of Labor and Industry

Subtitle 24 BOARD OF PUBLICACCOUNTANCY

09.24.01 General RegulationsAuthority: Business Occupations and Professions Article, §§2-207, 2-209,

2-304 — 2-307, 2-309, 2-311, and 2-313,Annotated Code of Maryland


On July 7, 2009, the Board of Public Accountancy adoptedamendments to Regulation .05 under COMAR 09.24.01General Regulations. This action, which was proposed foradoption in 36:11 Md. R. 790 — 791 (May 22, 2009), hasbeen adopted as proposed.


DENNIS L GRINGExecutive Director

Board of Public Accountancy

1994

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.



HEALTH AND MENTAL HYGIENESubtitle 26 BOARD OF ACUPUNCTURE

10.26.02 General RegulationsAuthority: Health Occupations Article, §§1A-205, 1A-301, 1A-306, and

1A-316;Annotated Code of Maryland


On December 7, 2009, the Secretary of Health and MentalHygiene adopted amendments to Regulations .02 and .05under COMAR 10.26.02 General Regulations. This ac-tion, which was proposed for adoption in 36:21 Md. R. 1601(October 9, 2009), has been adopted as proposed.


JOHN M. COLMERSSecretary of Health and Mental Hygiene

Subtitle 32 BOARD OF PHYSICIANS10.32.05 Telemedicine

Authority: Health Occupations Article, §§14-205, 14-301, 14-302, 14-601,and 14-602,



On November 30, 2009, the Secretary of Health and Men-tal Hygiene adopted new Regulations .01 — .07 under anew chapter, COMAR 10.32.05 Telemedicine. This action,which was proposed for adoption in 36:18 Md. R. 1395 —1396 (August 28, 2009), has been adopted with the nonsub-stantive changes shown below.


Attorney General’s CertificationIn accordance with State Government Article, §10-113,

Annotated Code of Maryland, the Attorney General certifiesthat the following changes do not differ substantively fromthe proposed text. The nature of the changes and the basisfor this conclusion are as follows:

Regulation .03: Clarifies that the exceptions from licen-sure found in Maryland law apply to telemedicine activitiesunder these regulations. Since the law applies, regardless ofwhether it is referenced in the regulation, this change doesnot decrease, in any significant way, the benefits that wouldhave been achieved by the regulation as proposed.

Regulation .04A: These changes clarify the requirementsfor physician disclosure of certain information before pro-viding Internet-based telemedicine services. No require-ments are added and none are removed; therefore, thechange does not increase, in any significant way, the bur-dens that would have been imposed by the regulation asproposed.

.03 Licensure.[[An]] Except as specified in Health Occupations Article,

§14-302, Annotated Code of Maryland, an individual shall

be a licensed Maryland physician in order to practice tele-medicine if one or both of the following occurs:

A. — B. (proposed text unchanged)

.04 Standards Related to Telemedicine.A. A physician, including a physician in a group practice,

who practices telemedicine using a website to communicatewith patients, shall [[establish policies in the following ar-eas]]:

(1) [[Disclosures]] Disclose on the website [[regarding]]the following:

(a) — (e) (proposed text unchanged)(2) [[How the physician will]] Develop a procedure to

verify the identification of the individual transmitting acommunication;

(3) [[How the physician will]] Develop a procedure toprevent access to data by unauthorized persons throughpassword protection, encryption, or other means; and

(4) [[How]] Develop a policy on how soon an individualcan expect a response from the physician to questions orother requests included in transmissions.

B. (proposed text unchanged)


Subtitle 34 BOARD OF PHARMACY10.34.09 Fees

Authority: Health Occupations Article, §§12-205, 12-206, 12-302, 12-303,12-305, 12-308, 12-310, 12-404, 12-407, 12-601, 12-6B-02, 12-6B-03,

12-6B-04, [and] 12-6B-07, and 12-6C-03 — 12-6C-06,Annotated Code of Maryland


On December 3, 2009, the Secretary of Health and MentalHygiene adopted amendments to Regulation .02 underCOMAR 10.34.09 Fees. This action, which was proposedfor adoption in 36:17 Md. R. 1341 — 1342 (August 14,2009), has been adopted as proposed.

Effective Date: February 1, 2010.


Subtitle 36 BOARD OF EXAMINERS OFPSYCHOLOGISTS

10.36.02 Continuing EducationAuthority: Health Occupations Article, §18-309(d),



On December 8, 2009, the Secretary of Health and MentalHygiene adopted the repeal of existing Regulations .01 —.06 and new Regulations .01 — .09 under COMAR 10.36.02Continuing Education. This action, which was proposedfor adoption in 36:18 Md. R. 1399 — 1401 (August 28,2009), has been adopted with the nonsubstantive changesshown below.


FINAL ACTION ON REGULATIONS 1995




Regulation .05D: Typographical error corrected.Regulation .06B: American Psychological Society has

been renamed and regulation has been corrected accord-ingly.

Regulation .06: Deleted Mental Hygiene Administrationfrom the list in order to correctly reference the entire De-partment of Health and Mental Hygiene as was originallyintended.

.05 Types of Approved Continuing Education Activi-ties.

A. — C. (proposed text unchanged)D. CE hours may be earned for attending courses, sympo-

sia, and workshops offered by an authorized sponsor speci-fied in Regulation [[.06A]] .06 of this chapter.

.06 Authorized Sponsors.The following organizations and their approved CE spon-

sors are authorized sponsors of continuing education accept-able to the Board:

A. (proposed text unchanged)B. [[American Psychological Society]] Association for

Psychological Science;C. — E. (proposed text unchanged)F. Department of Health and Mental Hygiene (DHMH)

[[Mental Hygiene Administration]];G. — H. (proposed text unchanged)



PUBLIC SAFETY ANDCORRECTIONAL SERVICES

Subtitle 04 POLICE TRAINING COMMISSION12.04.01 General Regulations

Authority: Public Safety Article, §3-208(a); Correctional Services Article,§2-109;



On December 7, 2009, the Secretary of Public Safety andCorrectional Services adopted, in cooperation with the Po-lice Training Commission, amendments to Regulation .08under COMAR 12.04.01 General Regulations. This ac-tion, which was proposed for adoption in 36:19 Md. R.1467 — 1468 (September 11, 2009), has been adopted asproposed.

Effective Date: January 1, 2010.

GARY D. MAYNARDSecretary of Public Safety and Correctional Services

Subtitle 04 POLICE TRAINING COMMISSION


On December 7, 2009, the Secretary of Public Safety andCorrectional Services adopted, in cooperation with the Po-lice Training Commission:

(1) Amendments to Regulations .14 and .15 underCOMAR 12.04.01 General Regulations; and

(2) New Regulations .01 — .06 under a new chapter,COMAR 12.04.05 Electronic Control Device Trainingand Instructor Certification.

This action, which was proposed for adoption in 36:19Md. R. 1468 — 1469 (September 11, 2009), has beenadopted as proposed.



Subtitle 10 CORRECTIONAL TRAININGCOMMISSION


On December 7, 2009, the Secretary of Public Safety andCorrectional Services adopted, in cooperation with the Cor-rectional Training Commission:

(1) Amendments to Regulations .19 and .20 underCOMAR 12.10.01 General Regulations; and

(2) New Regulations .01 — .06 under a new chapter,COMAR 12.10.05 Electronic Control Device Trainingand Instructor Certification.

This action, which was proposed for adoption in 36:19Md. R. 1472 — 1474 (September 11, 2009), has beenadopted as proposed.



Title 13ASTATE BOARD OF EDUCATIONSubtitle 14 CHILD AND FAMILY DAY CARE

13A.14.06 Child Care Subsidy ProgramAuthority: Family Law Article, §§5-550, 5-551, and 5-573,

Annotated Code of Maryland;Agency Note: Federal Regulatory Reference — 45 CFR 98, 99


On December 8, 2009, the State Superintendent ofschools adopted the repeal of Regulations .01 — .13 andnew Regulations .01 — .12 under COMAR 13A.14.06Child Care Subsidy Program. This action, which wasproposed for adoption in 36:22 Md. R. 1742 — 1758 (October23, 2009), has been adopted with the nonsubstantivechanges shown below.


FINAL ACTION ON REGULATIONS1996




The changes were implemented to correct grammatical orstyle errors and do not differ substantively from the pro-posed text.

.02 Definitions.A. (proposed text unchanged)B. Terms Defined.

(1) — (26) (proposed text unchanged)(27) ‘‘Family income’’ means the combined monthly

gross income, as defined in [[§B(39)]] §B(40) of this regula-tion, of all family members.

(28) — (39) (proposed text unchanged)(40) (proposed text unchanged)

(a) (proposed text unchanged)(b) ‘‘Monthly gross income’’ includes, but is not lim-

ited to:(i) — (vi) (proposed text unchanged)(vii) Unemployment and [[workers’ compensation

benefits]] Workers’ Compensation; and(viii) (proposed text unchanged)

(c) (proposed text unchanged)(41) — (53) (proposed text unchanged)(54) ‘‘Tiered reimbursement’’ means weekly payments

that:(a) (proposed text unchanged)(b) Are paid to a child care center or a family child

care provider that [[meet]] meets training and programquality requirements pursuant to COMAR 13A.14.09.09;and

(c) (proposed text unchanged)(55) — (58) (proposed text unchanged)(59) ‘‘Voluntary closure’’ means the period of time a

child care provider is closed that:(a) (proposed text unchanged)(b) Excludes the holidays listed in Regulation

[[.09F(8)]] .09G(8) of this chapter.(60) — (61) (proposed text unchanged)

.03 Eligibility.A. — F. (proposed text unchanged)G. Immunization.

(1) (proposed text unchanged)(2) The requirement in [[§E(1)]] §G(1) of this regulation

does not apply if a child’s:(a) — (b) (proposed text unchanged)

(3) — (5) (proposed text unchanged)H. (proposed text unchanged)

.04 Pursuit of Child Support Obligations.A. — E. (proposed text unchanged)F. Determination of Good Cause.

(1) (proposed text unchanged)(2) The applicant shall provide the local CCS case man-

ager with:(a) Verified or verifiable evidence that specifies and

corroborates circumstances that the applicant believes[[are]] is sufficient good cause for not cooperating; and

(b) (proposed text unchanged)(3) — (11) (proposed text unchanged)

G. — I. (proposed text unchanged)

.05 Application Process.A. — E. (proposed text unchanged)F. Denial. The local department shall deny the applica-

tion if:(1) (proposed text unchanged)(2) The customer [[is]] was terminated from CCS ser-

vices by the local department within the last 12 months forfailure to pay the copayment unless a plan for payment offees still owed is arranged to the satisfaction of the providerto whom the fee is due;

(3) — (4) (proposed text unchanged)G. — I. (proposed text unchanged)

.06 Delivery of Service.A. — B. (proposed text unchanged)C. Review of Child Abuse and Neglect Records.

(1) (proposed text unchanged)(2) A provider of informal child care services and an

adult with a regular presence when the child is in care shall:(a) Allow the local department to review and evaluate

child abuse and neglect record findings, except [[if]] whenthe local director gives an exception in writing;

(b) — (c) (proposed text unchanged)D. — E. (proposed text unchanged)

.09 Payments for Child Care Services.A. — C. (proposed text unchanged)D. The informal child care weekly service unit rates speci-

fied in this section are based on three units of service per day.For two-unit and one-unit regional weekly rates, multiply by2�3 and 1�3, respectively, the following jurisdictional weeklyrates:

(1) Rate for a child 24 months old or older:(a) — (v) (proposed text unchanged)(w) Worcester County — $43.00; and(x) Baltimore City — $53.44; or[[(b)]] (2) Rate for a child younger than 24 months

old:(a) — (x) (proposed text unchanged)

E. — F. (proposed text unchanged)G. Payment Policy.

(1) — (5) (proposed text unchanged)(6) A provider may not be paid for more than:

(a) (proposed text unchanged)(b) In accordance with Regulation [[.06B-C]] .09D of

this chapter, the amount allowed for informal child care.(7) — (10) (proposed text unchanged)(11) Payment may not be made to an informal child

care provider for any holiday or for any child absence, exceptthat for eligible customers, payments shall be made for:

(a) (proposed text unchanged)(b) Voluntary closure days under Regulation .02B of

this chapter and [[§F(9)(b)]] §G(9)(b) of this regulation.(12) The local department shall deny payment to an in-

formal provider if:(a) (proposed text unchanged)(b) An evaluation of child abuse and neglect records

indicates behavior harmful to children by an:(i) (proposed text unchanged)(ii) Adult with a regular presence when the child is

in care as defined in Regulation .02B of this chapter; or(c) — (d) (proposed text unchanged)

(13) — (16) (proposed text unchanged)H. — I. (proposed text unchanged)



.11 Hearings and Appeals.A. (proposed text unchanged)B. Notice.

(1) The local department or contractor shall send writ-ten notice of any adverse action in writing:

(a) (proposed text unchanged)(b) To each individual selected by the applicant or

customer as an informal provider who is denied paymentpursuant to Regulation [[.09F(12)]] .09G(12) of this chapter;and

(c) To a family child care provider, a child care center,or informal provider who is denied payment for committingan intentional program violation pursuant to Regulation[[.09F(13)(f)]] .09G(13)(f) of this chapter.

(2) — (6) (proposed text unchanged)C. — I. (proposed text unchanged)

NANCY S. GRASMICKState Superintendent of Schools

Subtitle 14 CHILD AND FAMILY DAY CARE13A.14.09 Maryland Child Care Credential Pro-

gramAuthority: Family Law Article, §5-573,



On December 8, 2009, the State Superintendent ofSchools adopted amendments to Regulations .02 and .03,new Regulation .09, and amendments to and the recodifica-tion of existing Regulation .09 to be Regulation .10 underCOMAR 13A.14.09 Maryland Child Care CredentialProgram. This action, which was proposed for adoption in36:22 Md. R. 1758 — 1759 (October 23, 2009), has beenadopted with the nonsubstantive changes shown below.




Regulation .09D(5): One change was made to ensureproper text was grammatically correct. The change in textdoes not differ substantively from the proposed text.

.09 Tiered Reimbursement.A. — C. (proposed text unchanged)D. Applicants for Tiered Reimbursement, Level 3 — Spe-

cial Requirements. An applicant shall:(1) — (4) (proposed text unchanged)(5) As administered by an Office of Child Care, Division

of Early Childhood Development, approved evaluator,achieve a rating of four on a nationally recognized ratingscale that is appropriate to the setting and [[age]] ages of thechildren in care.

E. — G. (proposed text unchanged)



BUDGET AND MANAGEMENTSubtitle 04 PERSONNEL SERVICES AND

BENEFITS17.04.03 Recruitment, Examinations, Selec-

tions, and EmploymentAuthority: State Personnel and Pensions Article, §4-106 and Titles 4, 6, 7,

11, and 13,Annotated Code of Maryland


On December 4, 2009, the Secretary of Budget and Man-agement adopted new Regulations .01 — .03, amendmentsto and the recodification of existing Regulations .01 and .02to be Regulations .03-1 and .03-2, the recodification of exist-ing Regulation .03 to be Regulation .03-3, and amendmentsto Regulation .04 under COMAR 17.04.03 Recruitment,Examinations, Selections, and Employment. This ac-tion, which was proposed for adoption in 36:21 Md. R.1609 — 1610 (October 9, 2009), has been adopted as pro-posed.


T. ELOISE FOSTERSecretary of Budget and Management

Title 20PUBLIC SERVICE COMMISSION

Subtitle 79 APPLICATIONS CONCERNING THECONSTRUCTION OR MODIFICATION OF

GENERATING STATIONS AND OVERHEADTRANSMISSION LINES

20.79.01 GeneralAuthority: Public Utility Companies Article, §§2-113, 2-121, and

7-205 — 7-208,Annotated Code of Maryland


On November 5, 2009, the Public Service Commissionadopted amendments to Regulations .01 and .02, new Regu-lation .06, and the recodification of existing Regulation .06to be Regulation .07 under COMAR 20.79.01 General.This action, which was proposed for adoption in 36:19Md. R. 1478 — 1479 (September 11, 2009), has beenadopted as proposed.


TERRY J. ROMINEExecutive Secretary

Public Service Commission

FINAL ACTION ON REGULATIONS1998


Title 31MARYLAND INSURANCE

ADMINISTRATIONSubtitle 05 ASSETS, LIABILITIES, RESERVES,

AND INVESTMENTS OF INSURERS31.05.03 Valuation of Life Insurance Policies

Authority: Insurance Article, §2-109, Title 5, Subtitle 3, and §16-309,Annotated Code of Maryland


On November 24, 2009, the Insurance Commissioneradopted amendments to Regulation .05 under COMAR31.05.03 Valuation of Life Insurance Policies. This ac-tion, which was proposed for adoption in 36:21 Md. R. 1621(October 9, 2009), has been adopted as proposed.


RALPH S. TYLERInsurance Commissioner

Subtitle 16 MISCELLANEOUS31.16.09 Registry and Report on Slavery Era

InsuranceAuthority: Insurance Article, §§2-109(a)(1) and 30-102(c),



On November 10, 2009, the Insurance Commissioneradopted new Regulations .01 — .07 under a new chapter,COMAR 31.16.09 Registry and Report on Slavery EraInsurance. This action, which was proposed for adoption in36:20 Md. R. 1560 — 1561 (September 25, 2009), has beenadopted as proposed.



Withdrawal Of RegulationsTitle 08

DEPARTMENT OFNATURAL RESOURCESSubtitle 02 FISHERIES SERVICE

08.02.06 Terrapin and Snapping TurtlesAuthority: Natural Resources Article, §4-903,


Notice of Withdrawal[09-395-W]

The Secretary of Natural Resources withdraws the repealof existing Regulation .02 and the adoption of new Regula-tion .02 under COMAR 08.02.06 Terrapin and SnappingTurtles, as published in 36:25 Md. R. 1961 (December 4,2009).

JOHN R. GRIFFINSecretary of Natural Resources



Proposed Action On Regulations


HOUSING AND COMMUNITYDEVELOPMENT

Subtitle 17 COMMUNITY LEGACY05.17.01 Community Legacy Program

Authority: Housing and Community Development Article,Title 6, Subtitle 2,

Annotated Code of MarylandCh. 567, Acts of 2001

Notice of Proposed Action[09-404-P]

The Secretary of Housing and Community Developmentproposes to amend Regulations .02 — .08 and adopt newRegulation .13 under COMAR 05.17.01 CommunityLegacy Program.

Statement of PurposeThe purpose of this action is to amend the regulations to:

(1) implement changes to the program enacted under Ch.726, Acts of 2009, by consolidating the definitions, settinglimits on the allocations to certain types of projects, and es-tablishing an emergency reserve; and (2) make technicalcorrections to the regulations.

Comparison to Federal StandardsThere is no corresponding federal standard to this pro-

posed action.

Estimate of Economic ImpactI. Summary of Economic Impact. The proposed regulation

changes implement House Bill 1414, passed in 2009 to consolidatepermitted Community Legacy Program Neighborhood Interventionprojects and uses from three separate categories into one categoryin order to streamline the application process for community-basedproject sponsors. Neighborhood Intervention projects will be lim-ited to 15 percent of the Community Legacy Program’s annual allo-

cation. The legislation also authorized the Secretary to reserve upto 10 percent of the annual allocation of the Community Legacy Fi-nancial Assistance Fund for urgent projects and emergencies thatarise outside of the annual competitive round.

The regulation changes will reduce the administrative burden onDHCD and local governments applying for Community LegacyFunds.

II. Types ofEconomic Impact.

Revenue(R+/R�)Expenditure(E+/E�) Magnitude

A. On issuing agency: (E�) IndeterminableB. On other State agencies: NONEC. On local governments: (R+)/(E�) Indeterminable

Benefit (+)Cost (�) Magnitude

D. On regulated industries ortrade groups: NONE

E. On other industries or tradegroups: (+) Indeterminable

F. Direct and indirect effects onpublic: (+) Indeterminable

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

A. The amendments would reduce the administrative burden onprogram participants and staff by combining the three currentNeighborhood Intervention applications into a single application,retaining all currently eligible uses and project sponsors.

C. Combining the three current Neighborhood Intervention ap-plications into a single application will reduce the administrativeburden on local governments and local, nonprofit sponsors. Retain-ing a reserve will allow the Program to respond to urgent requestsfor assistance from local governments in a timely manner and mayassist communities in recovering more quickly. These include re-sponses to local emergencies such as a fire or natural disaster thatoccur outside of the normal application round.

D. There will be no direct impact on regulated industries ortrade groups; however, to the extent that those industries are incommunities affected by local emergencies that the Program re-sponds to, the public will benefit from a more timely response tolocal requests for assistance

E. There will be no direct impact on other industries or tradegroups; however, to the extent that those industries are in commu-

2000

For information concerning citizen participation in the regulation-making process, see inside front cover.

Symbol Key

• Roman type indicates existing text of regulation.• Italic type indicates proposed new text.• [Single brackets] indicate text proposed for deletion.

Promulgation of Regulations

An agency wishing to adopt, amend, or repeal regulations must first publish in the Maryland Register a notice of proposed action, astatement of purpose, a comparison to federal standards, an estimate of economic impact, an economic impact on small businesses, anotice giving the public an opportunity to comment on the proposal, and the text of the proposed regulations. The opportunity forpublic comment must be held open for at least 30 days after the proposal is published in the Maryland Register.

Following publication of the proposal in the Maryland Register, 45 days must pass before the agency may take final action on theproposal. When final action is taken, the agency must publish a notice in the Maryland Register. Final action takes effect 10 daysafter the notice is published, unless the agency specifies a later date. An agency may make changes in the text of a proposal. If thechanges are not substantive, these changes are included in the notice of final action and published in the Maryland Register. If thechanges are substantive, the agency must repropose the regulations, showing the changes that were made to the originally proposedtext.

Proposed action on regulations may be withdrawn by the proposing agency any time before final action is taken. When an agencyproposes action on regulations, but does not take final action within 1 year, the proposal is automatically withdrawn by operation oflaw, and a notice of withdrawal is published in the Maryland Register.


nities affected by local emergencies that the Program responds to,the public will benefit from a more timely response to local requestsfor assistance.

F. There will be no direct impact on the public; however, to theextent that communities are affected by local emergencies that theProgram responds to, the public will benefit from a more timely re-sponse to local requests for assistance.

Economic Impact on Small BusinessesThe proposed action has minimal or no economic impact

on small businesses.

Impact on Individuals with DisabilitiesThe proposed action has no impact on individuals with

disabilities.

Opportunity for Public CommentComments may be sent to John Papagni, Special Projects

Manager, Division of Neighborhood Revitalization, Depart-ment of Housing and Community Development, 100 Com-munity Place, Crownsville, MD 21032, or call 410-209-5800,or email to [email protected], or fax to 410-685-8270. Comments will be accepted through January 19,2010. A public hearing has not been scheduled.

.02 Definitions.A. (text unchanged)B. Terms Defined.

(1) — (4) (text unchanged)(5) ‘‘Community development financial institution

(CDFI)’’ means a certified community development financialinstitution as defined under 12 U.S.C. §4702, as amended.

(6) ‘‘Community development organization (CDO)’’means a nonprofit organization which operates for the pur-pose of improving the physical, economic, or social environ-ment of its geographic areas of operation.

(7) — (9) (text unchanged)(10) [Community Legacy Project.

(a)] ‘‘Community legacy project’’ or ‘‘project’’ means aproject submitted by a sponsor to the Board for approval inaccordance with that Act and this chapter [.], for one ormore of the following purposes:

[(b) ‘‘Community legacy project’’ or ‘‘project’’ includesa project to:]

[(i)] (a) (text unchanged)[(ii)] (b) Strategically demolish buildings or im-

provements that are dangerous for use or occupancy, or sodeteriorated that rehabilitation is not feasible to [enhancethe use of land] prepare the property for redevelopment orsale pursuant to a plan approved by the Board;

[(iii)] (c) — [(ix)] (i) (text unchanged)(11) — (16) (text unchanged)[(17) ‘‘Neighborhood intervention project’’ means one or

more neighborhood intervention projects-CDFI, neighbor-hood intervention projects-demolition, or neighborhood in-tervention projects-redevelopment submitted in one appli-cation regardless of the number of properties acquired,rehabilitated, or demolished as a part of the project.]

(17) ‘‘Neighborhood intervention project’’ means aproject sponsored by a local government or a CDFI that is forthe purpose of:

(a) Buying properties that need rehabilitation and re-developing the properties through rehabilitation, demolition,reconstruction, or re-use; or

(b) Demolishing property improvements and prepar-ing properties for revitalization, redevelopment, or re-use.

(18) [‘‘Neighborhood intervention project-CDFI’’ meansa project sponsored by a community development financialinstitution to provide financial assistance to individuals orbusiness entities that are owner-occupants, community de-velopment organizations, or local governments for the pur-pose of buying properties, including vacant properties, thatare in need of rehabilitation and are located in otherwisestable neighborhoods so as to redevelop the propertiesthrough rehabilitation, demolition, reconstruction, or re-use.] Repealed.

(19) [‘‘Neighborhood intervention project-demolition’’means a project sponsored by a local government for thepurpose of demolishing improvements on property that are:

(a) Dangerous for use or occupancy;(b) So deteriorated that rehabilitation is not feasible;

and(c) Located in otherwise stable neighborhoods.] Re-

pealed.(20) [‘‘Neighborhood intervention project-redevelop-

ment’’ means a project sponsored by a local government forthe purpose of demolishing improvements on property toprepare the property for revitalization, redevelopment, orre-use as part of a redevelopment plan.] Repealed.

(21) — (23) (text unchanged)(24) [‘‘Redevelopment plan’’ means a plan approved by

the Board for the revitalization, redevelopment, or re-use ofa parcel or related parcels of land.] Repealed.

(25) (text unchanged)(26) ‘‘Sponsor’’ means a local government, a group of lo-

cal governments, a [community development organization]CDO, or a [community development financial institution]CDFI.

.03 Minimum Eligibility Requirements.A. [Sponsors] A sponsor or a sponsor’s designated third

party shall meet the following minimum requirements:(1) Be a local government, a group of local govern-

ments, a [community development organization] CDO, or a[community development financial institution] CDFI;

(2) — (4) (text unchanged)(5) In the case of [community development organiza-

tions] CDOs or [community development financial institu-tions] CDFIs, be in good standing and qualified to do busi-ness in Maryland.

B. (text unchanged)

.04 Eligible Uses of Financial Assistance.A. — B. (text unchanged)C. [Except for a neighborhood intervention project-

demolition or a neighborhood intervention project-redevelopment, a] A sponsor may grant or loan all or a por-tion of the financial assistance the sponsor receives from theProgram to third parties for eligible uses as provided in thischapter, on terms and conditions approved by the Depart-ment.

D. (text unchanged)

.05 Application Requirements.A. — D. (text unchanged)E. In addition to the requirements of §A of this regula-

tion, an application for financial assistance for one or morecommunity legacy projects shall satisfy the following re-quirements:

(1) Unless waived under Regulation .06C(3) of thischapter for a neighborhood intervention project, include [acompleted community legacy plan which satisfies the fol-lowing requirements]:

PROPOSED ACTION ON REGULATIONS 2001


(a) [The requirements of §D(1) — (5) of this regula-tion] A board approved community legacy plan;

(b) The [project or] projects for which financial assis-tance is sought is targeted in the plan; and

(c) (text unchanged)(2) — (7) (text unchanged)(8) Include a budget in a form acceptable to the Board,

but at a minimum showing anticipated project costs, sourcesof project revenue, expenses, debt service and other indebt-edness of the project, and identification of the revenueswhich can be used to repay the financial assistance providedby the Program;

(9) For projects that include the ownership, acquisi-tion, demolition, construction, or rehabilitation of land orimprovements:

(a) (text unchanged)(b) Demonstrate site control [over the property on

which the project will be located] through ownership, lease-hold interest, contract, option, or other written agreementsatisfactory to the Board that evidences the legal right of thesponsor or its approved designated third party to acquire,occupy, or demolish the property in furtherance of theproject, in a form acceptable to the Board;

(10) — (11) (text unchanged)F. In addition to the requirements of §§A and E of this

regulation, an application for financial assistance for one ormore neighborhood intervention projects shall satisfy thefollowing requirements:

(1) (text unchanged)(2) [For a neighborhood intervention project-CDFI,] If

the sponsor [shall] is a CDFI:(a) Provide evidence that the sponsor is a [commu-

nity development financial institution] CDFI that has beencertified as required under 12 U.S.C. §4702, as amended;

(b) Certify that the financial assistance will be madeto individuals or businesses that are owner-occupants,[community development organizations] CDOs, or local gov-ernments; and

(c) Certify that it will use the financial assistance,and any repayments and prepayments, primarily to makeloans for the purposes set forth in [Regulation .02B(18) of]this chapter;

(3) Unless waived under Regulation .06C(4) of thischapter, for a neighborhood intervention [project-demolition] project involving demolition, the sponsor shallagree to repay the financial assistance to the [communitylegacy financial assistance] fund, up to the amount receivedby the sponsor from:

(a) — (b) (text unchanged)[(4) For a neighborhood intervention project-

redevelopment, the sponsor shall provide evidence satisfac-tory to the Department that the sponsor:

(a) Has a legal interest in the property through:(i) Ownership of the property;(ii) A contract, option, or other legal right to ac-

quire the property; or(iii) The right to demolish the improvements on

the property;][(b)] (4) [Intends] Provide information that the prop-

erty will be revitalized, redeveloped, sold, or re-used as partof a Board-approved redevelopment strategy or plan [for theproperty, including a copy of the redevelopment plan];

[(c)] (5) [Has] Provide evidence that the sponsor hascomplied with the requirements of [Article 83B, §§5-617— 5-619] State Finance and Procurement Article, §§5A-

325 — 5A-326, Annotated Code of Maryland, and FinancialInstitutions Article, §13-1112(b), Annotated Code of Mary-land;

[(d) Will contribute an amount at least equal to thefinancial assistance from the Program towards the demoli-tion of the improvements on the property;

(e) Unless waived under Regulation .06C(4) of thischapter, agrees to repay the financial assistance to the Com-munity Legacy Financial Assistance Fund, up to theamount received by the sponsor from:

(i) The net proceeds of the sale of the property; or(ii) Any payment to the sponsor relating to the

property, including any payment for the costs incurred indemolishing the improvements on the property; and]

[(f)] (6) [Unless waived under Regulation .06C(5) ofthis chapter, provides] Provide evidence that the financialassistance from the program is the least amount necessaryto complete the project; and

[(5)] (7) (text unchanged)G. (text unchanged)

.06 Application Processing.A. (text unchanged)B. Approval of Applications.

(1) Upon receipt of the Department’s recommendation,the Board:

(a) (text unchanged)(b) Shall approve, disapprove, or approve with modi-

fications:(i) — (ii) (text unchanged)(iii) Financial assistance from the Program to be

provided to community legacy projects and communitylegacy plans on such terms as recommended by the [Boardconsiders necessary] Department.

(2) In approving applications and awarding financialassistance, the Board shall give priority to applications thatprovide for the likely repayment of the financial assistanceto a [community development financial institution] CDFI orto the [community legacy financial assistance] fund.

(3) The Secretary shall award financial assistance to asponsor, or a [sponsor’s designee] third party designated bya sponsor and approved by the Board, in an amount andtype determined by the Board, and under the terms of acommunity legacy agreement and such other documents asthe Department considers necessary to evidence the finan-cial assistance and secure the State’s interest in the projector plan.

(4) Before an award of financial assistance, a sponsorshall provide to the Department evidence that the sponsoror sponsor’s designated third party satisfies the minimumeligibility requirements of Regulation .03 of this chapter.

C. Neighborhood Intervention Projects.(1) The Board [shall annually allocate a percentage not

less than 10 percent] may not:(a) Allocate annually more than 15 percent of the

[community legacy financial assistance] fund to neighbor-hood intervention projects[.]; and

[(2)] (b) [The Board may not award] Award more than$500,000 in financial assistance for any one neighborhoodintervention project.

(2) The restrictions in §C(1) of this regulation do not ap-ply to projects approved by the Secretary under Regulation.13 of this chapter.

(3) The Board, or the Secretary acting under Regulation.13 of this chapter, may waive the requirements of Regula-tion .05A(4) of this chapter regarding the designation of acommunity legacy area and a community legacy plan for ap-

PROPOSED ACTION ON REGULATIONS2002


plications requesting financial assistance solely for a neigh-borhood intervention project.

(4) The Board, or the Secretary acting under Regulation.13 of this chapter, may waive, in whole or in part, the re-quirements of Regulation .05F(3) or (4)(e) of this chapter re-garding the repayment of financial assistance in connectionwith a neighborhood intervention [project-demolition or aneighborhood intervention project-redevelopment] projectinvolving demolition.

[(5) The Board may waive, in whole or in part, the re-quirements of Regulation .05F4(d) and (f) of this chapter re-garding the minimum State contribution and the amount ofthe sponsor’s contribution to a neighborhood interventionproject-redevelopment.]

D. — F. (text unchanged)

.07 Program Administration.A. — B. (text unchanged)C. The Department.

(1) (text unchanged)(2) After financial assistance has been awarded to a

sponsor, the Department may:(a) Determine specific terms and conditions, as the

Department considers necessary to make the project feasible,for [any type of] financial assistance, including [financialassistance] but not limited to grants, recoverable grants, un-secured loans, or loans secured by a mortgage or other lienor security interest, which may be superior or subordinateto other mortgages, liens, or security interests on the collat-eral;

(b) — (h) (text unchanged)(i) [Consent to the modification of] Modify any provi-

sion of any grant, loan, or other financial assistance [consis-tent with the best interests of the State] in order to facili-tate the successful completion or operation of a project;

(j) (text unchanged)(k) [Consent to the modification of] Modify a commu-

nity legacy plan, community legacy project, or the geo-graphic boundaries of a community legacy area; or

(l) (text unchanged)

.08 Books and Accounts.A. Sponsors, contractors, and subcontractors shall main-

tain such books, accounts, and records, and shall file withthe Department such financial and other reports as the De-partment may from time to time require. All of these books,accounts, and records shall be open to the inspection of rep-resentatives of the Department or other agencies of theState during reasonable working hours. Books, accounts,and records of Board-approved third parties, contractors,and subcontractors shall be maintained and made availablefor inspection for 3 years past the date of termination of thecontractual relationship between [the] a Board-approvedthird party, contractor, or subcontractor and the sponsor.

B. (text unchanged)

.13 Urgent or Emergency Projects Reserve.A. In any fiscal year, the Secretary may hold up to 10 per-

cent of the money in the fund in reserve for emergency use orurgent projects.

B. After determining an emergency or urgent project ex-ists, the Secretary may approve a community legacy projector a neighborhood intervention project without the approvalof the Board.

C. Any funds held in reserve that are not used for emer-gency use or urgent projects shall be administered in accor-dance with the recommendations of the Board and the Act.

RAYMOND A. SKINNERSecretary of Housing and Community Development


NATURAL RESOURCESSubtitle 02 FISHERIES SERVICE


The Secretary of Natural Resources proposes to:(1) Amend Regulation .16 under 08.02.04 Oysters;(2) Amend Regulations .02, .12, and .21 under 08.02.05

Fish;(3) Amend Regulation .01 under 08.02.06 Terrapin

and Snapping Turtles;(4) Amend Regulation .01 under 08.02.10 Horseshoe

Crabs;(5) Adopt new Regulation .06 under 08.02.13 Fishing

License — Point Assignment, License Revocation andSuspension Schedule and Criteria, and Hearing Pro-cedure;

(6) Amend Regulation .06 under 08.02.18 FishingGuide Provisions; and

(7) Amend Regulation .03 under 08.02.21 YellowPerch.

Statement of PurposeThe purpose of this action is to improve the timeliness of

commercial fishing records submitted to the Department byproviding a framework for penalizing watermen who submitlate fishing records.


posed action.

Estimate of Economic ImpactThe proposed action has no economic impact.




disabilities.

Opportunity for Public CommentComments may be sent to Sarah Widman, Department of

Natural Resources, 580 Taylor Ave., Annapolis, MD 21401,or call 410-260-8260, or email to [email protected], or fax to 410-260-8310. Comments will beaccepted through January 19, 2010. Public hearings will beheld on: (1) January 7, 2010, at 6 p.m., at the Talbot CountyLibrary — Main Library, 100 West Dover Street, Easton,



MD 21601; and (2) January 13, 2010, at 6 p.m., at the TawesState Office Building, 580 Taylor Avenue, C-1, Annapolis,MD 21401.

08.02.04 OystersNatural Resources Article, §§4-206 and 4-701,


.16 Recording the Catching and Disposal of Oysters.A. — D. (text unchanged)E. Oyster Harvester Reporting.

(1) Any person licensed to catch oysters for commercialpurposes and who has paid the oyster surcharge shall sub-mit an accurate Maryland monthly oyster report in accor-dance with COMAR 08.02.13.06.

(2) The Department may suspend a person’s entitlementto catch oysters for commercial purposes for failing to submitan accurate Maryland monthly oyster report in accordancewith COMAR 08.02.13.06.

08.02.05 FishNatural Resources Article, §§4-206 and 4-701,


.02 Definitions and General Fishing Prohibitions.A. (text unchanged)B. Prohibitions and Limitations on Fishing in General.

(1) — (13) (text unchanged)(14) General Provisions.

(a) — (b) (text unchanged)(c) [In addition to any other penalty, failure to sub-

mit a report as required by law may result in license sus-pension under Natural Resources Article, § 4-701, Anno-tated Code of Maryland.] A person licensed to catch finfishfor commercial purposes shall submit an accurate daily com-mercial fisheries catch log in accordance with COMAR08.02.13.06.

.12 Summer Flounder.A. — B. (text unchanged)C. Licenses and Permits.

(1) — (6) (text unchanged)(7) An individual in possession of a Maryland summer

flounder landing permit shall record the harvest of summerflounder on the permit daily and submit the completed per-mit to the Department within 14 days from the end of thesummer flounder season.

(8) The Department may deny an application for a sum-mer flounder landing permit for failing to comply with §C(7)of this regulation during the previous season.

D. — E. (text unchanged)

.21 Black Sea Bass.A. — C. (text unchanged)D. Licenses and Permits.

(1) — (5) (text unchanged)(6) An individual in possession of a Maryland black sea

bass landing permit shall record the harvest of black seabass on the permit daily and [shall return the permit to theDepartment at the end of the season.] submit the completedpermit to the Department within 14 days from the end of theblack sea bass season.

(6-1) The Department may deny an application for ablack sea bass landing permit for failing to comply with§C(6) of this regulation during the previous season.

(7) — (15) (text unchanged)E. (text unchanged)

08.02.06 Terrapin and Snapping TurtlesNatural Resources Article, §§4-206 and 4-701,


.01 Snapping Turtles.A. — F. (text unchanged)G. Commercial Fishery Requirements.

(1) — (2) (text unchanged)(3) Harvest Permit.

(a) — (c) (text unchanged)(d) A person permitted by the Fisheries Service to

harvest snapping turtles shall:[(i) Complete all information on the snapping

turtle harvest permit card and on the daily commercial fish-eries catch log;

(ii) Submit the completed harvest permit card tothe Fisheries Service by January 15 following the permittedseason; and]

(i) Record their catch on the snapping turtle har-vest permit and on the daily commercial fisheries catch log;

(ii) Submit the snapping turtle harvest permit asrequired by the Department and the daily commercial fisher-ies catch log in accordance with COMAR 08.02.13.06; and

(iii) (text unchanged)(e) An individual who has not provided to the Fisher-

ies Service a harvest permit card with complete informationis not eligible for a harvest permit to participate in thesnapping turtle fishery [for the next calendar year].

[(f) In addition to any other penalty, failure to sub-mit a report as required by this chapter may result in per-mit or license revocation under Natural Resources Article,§§4-218 or 4-701, Annotated Code of Maryland.]

(4) (text unchanged)H. — K. (text unchanged)

08.02.10 Horseshoe Crabs.Natural Resources Article, §§4-206 and 4-701,


.01 Horseshoe CrabsA. — E. (text unchanged)F. General.

(1) A person who catches or lands horseshoe crabs inMaryland shall [report catch and landing information dailyon the forms provided by the Department.]:

(a) Accurately record their catches or landings:(i) On the horseshoe crab landing permit; and(ii) On the daily commercial fisheries catch log in

accordance with COMAR 08.02.13.06; and(b) Submit:

(i) The completed horseshoe crab landing permit asrequired by the Department; and

(ii) The daily commercial fisheries catch log in ac-cordance with COMAR 08.02.13.06.

(2) [A person shall return the form containing catchand landing information to the Department in the time pe-riod specified by the Department.] The Department maydeny an application for a horseshoe crab permit to a personwho has failed to comply with the horseshoe crab permit re-porting requirements.

(3) — (6) (text unchanged)



08.02.13 Fishing Licenses — Point Assign-ment, License Revocation and SuspensionSchedule and Criteria, and Hearing Proce-dure

Natural Resources Article, §§4-206 and 4-701,Annotated Code of Maryland

.06 Commercial Fishing Records.A. Any person licensed to fish commercially shall accu-

rately record their catch on forms provided by the Depart-ment.

B. During any season a person is authorized to fish com-mercially that person shall:

(1) Accurately record their catch on the report or reportsdescribed in §C of this regulation or a comparable federalform approved by the Department; and

(2) Unless the licensee has indicated on a form providedby the Department that the licensee will not be participatingin a fishery for a particular period of time, the licensee shallsubmit the completed report or reports to the Department inaccordance with §D of this regulation.

C. Reports.(1) During the appropriate open seasons, the following

reports shall be submitted to the Department monthly:

License Type Required Report

Finfish — Hook and Line Daily Commercial FisheriesCatch Log

Finfish Harvester — AllGear

Daily Commercial FisheriesCatch Log

Unlimited Tidal Fish Li-cense

Daily Commercial FisheriesCatch Log

Daily Record of CommercialCrabbing

Maryland Monthly OysterReport

Commercial Charter BoatCaptains Daily Log

Limited Crab Catcher Daily Record of CommercialCrabbing

Single Additional Pot Autho-rization — Up to 600 Pots


Single Additional Pot Autho-rization — Up to 900 Pots


Oyster Harvester Maryland Monthly OysterReport

Oyster Dredge Boat Maryland Monthly OysterReport

Conch, Turtles, and Lobster Daily Commercial FisheriesCatch Log

Resident Fishing Guide Commercial Charter BoatCaptains Daily Log

Nonresident Fishing Guide Commercial Charter BoatCaptains Daily Log

Master Fishing Guide Commercial Charter BoatCaptains Daily Catch Log

(2) The Maryland monthly oyster report is only requiredof a licensee that has paid the oyster surcharge in accor-dance with Natural Resources Article, §4-701, AnnotatedCode of Maryland.

D. The reports described in §C of this regulation shall besubmitted by the 10th day of the month immediately follow-ing the month that the report or reports pertain to.

E. In accordance with Natural Resources Article, §4-701(l), Annotated Code of Maryland, the Department maysuspend a person’s tidal fish license for failing to submit thereports described in §C of this regulation within 50 days ofthe due date described in §D of this regulation.

F. The Department shall warn a person or suspend a per-son’s tidal fish license as follows:

Number of Late Reports Maximum Penalty

1 Warning2 3-Day Suspension3 1-Week Suspension4 2-Week Suspension5 1-Month Suspension6 2-Month Suspension7 3-Month Suspension8 4-Month Suspension9 5-Month Suspension10 6-Month Suspension11 7-Month Suspension12 1-Year Suspension

G. The ‘‘Number of Late Reports’’ described in §F of thisregulation means the number of late reports the Departmenthas recorded for each individual report required by §C ofthis regulation in any 12-month period.

H. The ‘‘Number of Late Reports’’ described in §F of thisregulation does not mean the total number of late reports theDepartment has recorded for all reports required by §C ofthis regulation.

I. The Department may only suspend a licensee under thisregulation from participating in the fishery or fisheries thatthe reporting violation pertains to.

J. The Department may impose less than the maximumsuspension.

K. Before the Department imposes a suspension underthis regulation, the Department shall provide the opportu-nity for a contested case hearing conducted in accordancewith State Government Article, Title 10, Subtitle 2, Anno-tated Code of Maryland and COMAR 08.01.04.

08.02.18 Fishing Guide ProvisionsNatural Resources Article, §§4-206 and 4-701,


.06 General Provisions.A. — G. (text unchanged)H. Reporting.

(1) A licensee shall submit reports as required on formsprovided by the Department.

(2) Any person who is licensed to guide fishing partieson tidal waters shall accurately record their catch on a com-mercial charter boat captain’s daily log and submit the login accordance with COMAR 08.02.13.06.

08.02.21 Yellow PerchNatural Resources Article, §§4-206 and 4-701,


.03 Commercial.A. — I. (text unchanged)J. Reporting. A commercial tidal fish licensee permitted

by the Department to harvest yellow perch shall:(1) — (2) (text unchanged)(3) Return the daily commercial fisheries catch log to

the Department [in] within the time specified by the De-partment in accordance with COMAR 08.02.13.06;



(4) — (6) (text unchanged)K. (text unchanged)


Subtitle 02 FISHERIES SERVICE08.02.13 Fishing License — Point Assign-

ment, License Revocation and SuspensionSchedule and Criteria, and Hearing Proce-dure

Authority: Natural Resources Article, §4-701; State Government Article,§10-206;



The Secretary of Natural Resources proposes to amendand recodify existing Regulations .02 and .03 to be Regula-tions .03 and .02, respectively, and repeal Regulation .04under COMAR 08.02.13 Fishing License — Point As-signment, License Revocation and Suspension Sched-ule and Criteria, and Hearing Procedure.

Statement of PurposeThe purpose of this action is to implement a new adminis-

trative penalty system to deter violations of commercialfisheries laws pursuant to Natural Resources Article, §4-701(l), Annotated Code of Maryland. Under current regula-tions, a tidal fish license (TFL) holder’s privilege to partici-pate in a fishery generally may not be suspended unless thelicensee has been convicted of at least three violations ofState fisheries law on separate days in a 2-year period. Thissystem has not effectively deterred commercial fishing vio-lations. In calendar year 2008, 1,670 of the 3,940 (45 per-cent) of TFL holders who actively fished their licenses re-ceived a citation for violating the law. Recognizing thedeficiencies of this system, in 2009 the General Assemblyenacted Chapter 453, Acts of 2009, which directs the De-partment to create an administrative penalty system basedupon a single conviction of state fisheries law, requires en-hanced administrative penalties for TFL holders who re-peatedly violate the law or who violate laws intended to pro-tect aquatic species of special concern, such as blue crab,oysters, and striped bass.

This action will establish a tiered point system and penal-ties comparable to administrative systems in other states.Certain convictions of State fisheries law are classified asTier I, Tier II, or Tier III offenses depending upon the grav-ity of the violation. A number of minor violations are notincluded in any tier and have no administrative penalty.Tier I violations are basic violations of State fisheries law. Aconviction for a Tier I violation receives 5 points, but no im-mediate suspension. Tier II violations impact a fishery re-source in need of special protection or demonstrate a disre-gard for the law. Tier II convictions receive 10 points and asuspension for up to 30 days. Tier III convictions are seriousviolations that significantly impact the fishery or demon-strate a willful intent to break the law. Tier III convictionsreceive 15 points and a suspension for up to 60 days. Licens-ees who accumulate points for multiple convictions in any2-year period will be subject to longer suspensions andeventually revocation.

This action will also remove antiquated procedures forcontested case hearings before suspension of a TFL and in-cludes provisions for settling cases before proceeding to ahearing.

The Department developed the proposed regulations inconsultation with the Penalty Workgroup, which consists ofmembers of the Tidal Fish Advisory Committee (TFAC) andthe Sport Fish Advisory Committee (SFAC) and the Office ofthe Attorney General at the Department of Natural Re-sources.


posed action.





disabilities.

Opportunity for Public CommentComments may be sent to Sarah Widman, Department of

Natural Resources, 580 Taylor Ave., Annapolis, MD 21401,or call 410-260-8260, or email to [email protected], or fax to 410-260-8310. Comments will beaccepted through January 19, 2010. Public hearings will beheld on: (1) January 7, 2010, at 6 p.m., at the Talbot CountyLibrary — Main Library, 100 West Dover Street, Easton,MD 21601; and (2) January 13, 2010, at 6 p.m., at the TawesState Office Building, 580 Taylor Avenue, C-1, Annapolis,MD 21401.

[.03] .02 Commercial License Suspension and Revo-cation.

A. A licensee shall be notified that the licensee’s tidal fish[license] license, authorization, or entitlement to engage in aparticular activity or activities under a tidal fish license issubject to suspension whenever the licensee has been con-victed of violating any of the provisions [of any one subtitleof Natural Resources Article, Title 4, Annotated Code ofMaryland;] in Regulation .03 of this chapter.

[(1) Three convictions for violations occurring on sepa-rate days within any 2 year period, of provisions under onesubtitle of this title; or]

[(2) Five convictions for violations occurring on sepa-rate days within any 2 year period, of any provisions underthis title.]

B. At the time of notification, the Department shallschedule the licensee for a contested case hearing to be con-ducted in accordance with State Government Article, Title10, Subtitle 2, Annotated Code of Maryland, and COMAR08.01.04 in the licensee’s general work area. [Based on therecord created at the hearing, the Department shall deter-mine whether:

(1) The licensee’s record is correct;(2) There are any facts which should be considered in

mitigation of imposing the maximum period of suspension;and

(3) To impose the appropriate period of suspension.]C. The Department may agree to a period of suspension

with a licensee before proceeding to a contested case hearing.[C.] D. License Suspension and Revocation.



(1) The license suspension schedule in [§C(3)] §D(3) ofthis regulation establishes the maximum number of daysthat a tidal fish [license] license, authorization, or entitle-ment to engage in a particular activity or activities under atidal fish license may be suspended through the accumula-tion of points. A lesser penalty may be imposed at the De-partment’s discretion if the circumstances warrant [it.] it,to include consideration of the licensee’s disciplinary recordand the licensee’s agreement to comply with any conditionsthat the Department may reasonably require. [The maxi-mum period of suspension depends on the total number ofpoints accumulated by a licensee in accordance with theschedule established in Regulation .02 of this chapter.]

[(2) Before the suspension or revocation of a tidal fishlicense, the Department shall provide a contested case hear-ing in accordance with State Government Article, Title 10,Subtitle 2, Annotated Code of Maryland, and COMAR08.01.04.]

[(3) Schedule for License Suspension.] (table proposedfor repeal)

(2) Points are assigned to convictions by tier as follows:

Tier Description Points

(a) Tier I A conviction of a basic violation ofNatural Resources Article, Title 4,Annotated Code of Maryland, orregulations adopted under thattitle.

5

(b) Tier II A violation that impacts a fisheryresource in need of special protec-tion or demonstrates a disregardfor the law.

10

(c) Tier III A serious violation that signifi-cantly impacts the fishery resourceor demonstrates a willful intent tobreak the law.

15

(3) A licensee who in any 2-year period accumulates thenumber of points provided below shall be suspended in ac-cordance with the following schedule:

Number of PointsAccumulated in Any2-Year Period

Maximum Periodof Suspension orRevocation

10 30 days15 60 days20 90 days25 6 months30 1 year35 Revocation

(4) The Department shall administer the point systemin order to:

(a) Deter future wrongdoing; and(b) Conserve fisheries.

[(4)] (5) In addition to any points assigned in accor-dance with the schedule established in Regulation [.02] .03of this chapter, conviction of any of the following violationsshall result in:

(a) — (b) (text unchanged)(c) A 90-day suspension for a first offense, 1-year sus-

pension for a second offense, and a 5-year revocation for athird offense of harvesting clams [between] 2 hours afterthe legal time period or 2 hours before the legal start time;and

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

[D.] E. The Department may suspend the tidal fish li-cense at the beginning of the fishing season following thefishing season within which the particular violation or vio-lations occurred.

[E.] F. General Prohibitions.(1) [A person whose license or authorization is sus-

pended or revoked] If a person’s tidal fish license, authoriza-tion, or entitlement to participate in a particular activity oractivities under a tidal fish license is suspended or revokedthat person may not engage or work in the fishery for whichthe [license or authorization] license, authorization, or en-titlement was suspended or revoked whether or not it re-quires the use of another license, during the suspension orrevocation period.

(2) (text unchanged)

[.02] .03 Point Assignment Schedule.A. The Department shall maintain a record of each lic-

ensee’s convictions for violation of offenses chargeable un-der Natural Resources Article, Title 4, Annotated Code ofMaryland. For each conviction of a chargeable offense listedin [§D, below,] §§E — G of this regulation, the Departmentshall enter on the record of the licensee the number ofpoints listed for that particular conviction.

B. (text unchanged)C. [Unless otherwise designated below, the points listed

opposite each section of the Natural Resources Article, Title4, shall be applicable to a conviction for a charge broughtunder any subsection contained within the listed section.]The points associated with each conviction are described in§§E — G of this regulation.

D. Point Assignment Schedule. The [following] numberof points shown in §§E — G of this regulation shall be as-sessed against a tidal fish licensee, except a fishing guidelicensee, licensed under Natural Resources Article, [§4-701(d)(ii),] §4-701, Annotated Code of Maryland, [2] foreach conviction as set forth below.

(table proposed for repeal)E. Tier I. The following violations are Tier I violations. A

licensee who receives a single conviction for a Tier I violationreceives 5 points, but no immediate suspension.

# Statute orRegulation

Type Description

1 4-1006(a) Area Harvesting Oysters or Clams Near the Federal Research Labo-ratory at Oxford: within 400 feet of the laboratory

2 4-1006(b) Area Harvesting Oysters or Clams in a Polluted Area: less than 150feet over the pollution line




Type Description

3 4-1105, 4-1009.1,4-1014, 4-1014.1,4-1014.2, 4-1014.3,COMAR 08.02.04.13,COMAR 08.02.04.15

Area Harvesting Oysters on Closed Areas, Reserved Areas, or Sanctu-aries: less than 150 feet within an area

4 4-1006.1 Area Using a Hydraulic Clam Dredge, a Traditional Bottom Dredge,or a Shinnecock Rake in a SAV Protection Zone: less than 150feet within an area

5 4-1037(1) Using a Hydraulic Clam Dredge to Catch Soft Shell ClamsWithin 150 Feet of a Natural Oyster Bar or Leased Oyster Area

6 4-1012, COMAR08.02.04.12

Area Power Dredging for Oysters in Prohibited Areas: less than 150feet within an area

7 4-1013(e) Area Dredging for Oysters on Areas Reserved for Tongers: less than150 feet within an area

8 4-1011 Area Using Patent or Hand Tongs Illegally in Certain County Waters

9 4-1013(f) Gear Using an Illegal Oyster Dredge

10 4-1022 Gear Illegally Using a Shinnecock Rake

11 4-710(a) Gear Illegally Using a Gig, Gig Iron, Purse Net, Trammel Net, TrollNet, or Drag Net

12 4-710(b) Gear Illegally Using Otter or Beam Trawl — Atlantic Ocean

13 4-711(a) - (d) Gear Illegally Setting Pound or Fyke Nets:(a) greater than 1�3 the distance across a body of water;(b) setting nets too close together; or(c) setting nets in or upon leased oyster grounds without permis-sion

14 4-710(c)(1), COMAR08.02.05.02B(2),COMAR 08.02.15.07D

Gear Using Less Than Minimum Size of Net Mesh

15 4-710(c)(3), COMAR08.02.05.02B(2),COMAR 08.02.15.07D

Gear Exceeding Maximum Size of Net Mesh

16 4-713(f) Gear Using an Illegal Length of Haul Seine or Using a Haul SeineWith More Than One Powered Vessel

17 COMAR 08.02.03.04,4-803, 4-215

Gear Violating Crab Scrape Requirements:(a) structural requirements;(b) number permitted; or(c) prohibited areas

18 COMAR 08.02.03.05,4-803, 4-215

Gear Violating Bank Trap & Channel Pound Requirements:(a) structural requirements;(b) prohibited areas;(c) over 35 set in Somerset county; or(d) failure to remove by specified times

19 COMAR 08.02.03.07B,COMAR 08.02.03.12A,4-803, 4-215

Gear Violating Crab Pot Structural Requirements

20 4-710(e) Gear Unlawfully Using Anchored Gill, Fyke, or Hoop Nets: set morethan 1�3 the distance across a body of water

21 COMAR08.02.05.02B(3) — (4)

Gear Setting Gill Nets in Prohibited Areas During Certain Times ofthe Year

22 COMAR 08.02.05.02B(8) Gear Setting Fishing Gear or Harvesting Fish in Prohibited Up-stream Areas of the Susquehanna River

23 COMAR 08.02.05.02B(13),08.02.21.03K

Gear Setting Fyke Nets in Certain Prohibited Areas From February1st Through March 31st




Type Description

24 4-710(f) Gear Violating Haul Seine Restrictions: set more than 1�3 the dis-tance across a body of water

25 4-713(g) Gear Emptying Haul Seine Too Close to Shore or Beach and AllowingSmall Fish to Perish

26 COMAR 08.02.07.01A — C Gear Violating Requirements Pertaining to the Hard-Shell ClamScrapes and Rakes in Worcester County:(a) number of handscrapes or rakes which may be used; or(b) size restrictions

27 COMAR08.02.03.07C(2) — (3)

Season Failing to Remove Crab Pots by the End of the Season: failureto remove 5 pots or more

28 4-733 Size Possessing Fish Whose Size or Weight Cannot Be Determined

29 4-734, 4-215,COMAR 08.02.05

Size Possessing Undersized Fish Except Striped Bass: 11 or morefish

30 COMAR 08.02.03.14E,4-803, 4-215

Size Possessing Undersized Crabs:(a) Hard Crabs (All Licenses),

(i) over 10 per bushel,(ii) over 23 per barrel;

(b) Peelers (All Licenses),(i) over 15 per bushel,(ii) over 25 per float;

(c) Soft Crabs:(i) 10 or more

31 COMAR 08.02.07.03E Size Possessing Undersized Hard-Shell Clams: 3 bags or more withover 10% per bag

32 COMAR08.02.21.03B(2) — (3), 4-215

Size Possession of Undersized or Oversized Yellow Perch CaughtOther Than By Hook and Line: 11 — 24 Fish

33 4-809(c) Species —Other

Possessing Fat, Snot, Green or Buckram Crab in WorcesterCounty

34 COMAR 08.02.05.06 Species —Other

Unlawfully Taking Hickory Shad

35 COMAR 08.02.06.01C Species —Other

Using an Illegal Method to Catch Snapping Turtles

36 COMAR 08.02.06.01E Species —Other

Catching Snapping Turtle in Charles County During ProhibitedTimes

37 COMAR 08.02.06.01F Species —Other

Possess/Destroy/Disturb Snapping Turtle Eggs

38 COMAR 08.02.06.01G(1) Species —Other

Violating Snapping Turtle Size Limits: 4 or more undersizedsnapping turtles


Violating Snapping Turtle Commercial Permits and LicensesRequirements


Violating Snapping Turtle Trap Float Requirements

41 COMAR 08.02.06.02B Species —Other

Possess/Destroy/Disturb Terrapin Eggs

42 4-740, COMAR 08.02.11.04,COMAR 08.02.05.28

Species —Other

Unlawfully Taking or Possessing Walleyed Pike

43 4-1021(a) — (b) Species —Other

Violating Dredging Provisions Pertaining to Hard-Shell Clamsin Pocomoke and Tangier Sounds:(a) no more than two dredges aboard any boat and only onedredge in operation at any given time;(b) violating time restrictions by 60 minutes or more; or(c) season;

44 4-1021.2(b) Species —Other

Harvesting Hard Shell Clams in Somerset County With PatentTongs Between Sunset and Sunrise, on Sunday, or During aClosed Season




Type Description

45 COMAR 08.02.07.01A — C Gear Violating Requirements Pertaining to the Hard-Shell ClamScrapes and Rakes in Worcester County:(a) number of handscrapes or rakes which may be used; or(b) size restrictions

46 4-1021.1 Species —Other

Dredging for Hard-Shell Clams in Restricted Area: AtlanticCoastal Bays

47 4-1027 Species —Other

Selling and Shipping Hard-Shell Clams Without the ProperLicense


Unlawfully Taking Hard-Shell Clams for Commercial Purposeswithout a License in Worcester County

49 COMAR 08.02.02.01A(1) Species —Other

Operating a Hydraulic Soft Shell Clam Dredge Without a Li-cense

50 COMAR 08.02.02.04D Species —Other

Exceeding the Daily Catch Limit for Soft-Shell Clams: 2 con-tainers or more over the limit

51 COMAR 08.02.02.05 Species —Other

Minimum Size Limit for Soft-Shell Clams: 2 bushels or morewith 15% or more undersized clams

52 COMAR 08.02.02.06A Species —Other

Catching or Landing Soft-Shell Clams on Sunday

53 COMAR 08.02.02.06B Species —Other

Violating Regulations Pertaining to the Time for Harvesting,Landing, or Delivering Soft Shell Clams by 60 Minutes or More

54 4-1036, COMAR08.02.02.08,COMAR 08.02.02.09

Species —Other

Unlawfully Selling Soft-Shell Clams


Violating Restrictions on Harvesting Soft-Shell Clams by Hy-draulic Dredge in Certain Counties

56 COMAR 08.02.15.05A(3)(b),4-2A-03, 4-215

Species —Protected

Violating Requirements Pertaining to Tagging Stripped Bass:5-10 fish

57 4-2A-05, COMAR08.02.15.07


Violating Requirements Pertaining to Striped Bass Size Limits:6-10 Fish

58 COMAR 08.02.03.07E — H,4-803, 4-215


Setting Crab Pots in a Restricted Area: 5 pots or more set in arestricted area

59 COMAR 08.02.03.13,4-803, 4-215


Violating Regulations Pertaining to Harvesting Crabs FromPound Nets

60 COMAR 08.02.03.12B,4-803, 4-215


Violating Regulations Pertaining to Crabbing in WorcesterCounty — Catch Limit:(a) 2 bushels or more over the daily catch limit

61 COMAR 08.02.03.14B(7),4-803, 4-215


Possessing Female Crabs in Male Crab Bushels:(a) Over 10 per bushel,(b) Over 23 per barrel

62 COMAR 08.02.03.11A(5),4-803, 4-215


Violating Regulations Pertaining to Mature Female Crabs —Closure Period:(a) Over 8 per bushel, (b) Over 18 per barrel

63 COMAR08.02.03.14B(8) — (9),4-803, 4-215


Violating Regulations Pertaining to Mature Female Crabs —Catch Limit: 5-9 bushels above permitted quota

64 COMAR08.02.03.11A(1) — (3),08.02.03.12D, 4-803, 4-215

Time Violating Regulations Pertaining to the Time for CatchingCrabs by 60 Minutes or More

F. Tier II. The following violations are Tier II violations. A licensee who receives a single conviction for a Tier II violationreceives 10 points and may be suspended for 30 days.


Description

1 COMAR 08.02.03.12E,4-803, 4-215

Area Using a Crab Scrape in Worcester County




Description

2 4-11A-15 Area Illegally Harvesting Oysters in an Aquaculture Enterprise Zone

3 4-710(h) Gear Obstructing Drift Net Fishing in Waters 50 Feet or More inDepth in the Mainstem of the Chesapeake Bay South of the BayBridge from December 1 Through April 1

4 4-711(h) Gear Allowing Stakes to Remain in Water After Notice

5 4-713(b) Gear Failure to Have Haul Seine Inspected and Sealed

6 4-1013(a) Gear Power Dredging Without a Power Dredge Permit

7 COMAR08.02.21.03B(2) — (3), 4-215

Size Possession of Undersized or Oversized Yellow Perch CaughtOther Than by Hook and Line: 25 — 50 Fish

8 COMAR 08.02.15.07 Species —Protected

Violating Requirements Pertaining to Striped Bass Size Limits:11 or More Fish

9 4-735, COMAR 08.02.05.19 Species —Protected

Violating Fishing Restrictions Concerning the Sale of BlackBass and Chain Pickerel

10 COMAR 08.02.05.05 Species —Protected

Unlawfully Taking American Shad

11 COMAR 08.02.03.08,4-803, 4-215


Violating Regulations Pertaining to Egg-Bearing Female Crabs

12 4-701(d)(2)(ii)2B, 4-814 Species —Protected

Exceeding The Crab Pots Permitted by the Limited CrabCatcher Authorization by 5 Pots or More

13 COMAR 08.02.04.03B — C,4-215


Time for Taking Oysters:(a) more than 2 hours after sunset; or(b) any time before sunrise

14 4-1009(a) Species —Protected

Unlawfully Taking Seed Oysters During a Closed Season

15 4-1009(b) — (d), 4-1015.1(b),COMAR 08.02.04.06


Exceeding Oyster Daily Catch Limit: 10% over catch limit

16 4-1015, 4-1015.1, COMAR08.02.04.11


Possessing Unculled Oysters: over 15% per bushel

17 4-1040(b), 4-1021(c) Species —Protected

Possessing Oysters Aboard a Clam Dredge Boat

18 COMAR 08.02.15.05A(8),4-2A-03, 4-215


More Than One Gear Type of Striped Bass Tags or Permit onBoard a Vessel

19 COMAR 08.02.03.14B — D ,4-803, 4-215


Violating Crabbing Regulations Pertaining to Mandatory DaysOff

20 COMAR08.02.03.14B(8) — (9)


Violating Regulations Pertaining to Mature Female Crabs —Catch Limit: 10 bushels or more above permitted quota

21 4-713(i) Time Unlawfully Using a Haul Seine on Weekends

G. Tier III. The following violations are Tier III violations. A licensee who receives a single conviction for a Tier III violationreceives 15 points and may be suspended for 60 days.


Description

1 4-405 Area Fishing on a State Fish Refuge

2 4-743 Area Violating Shellfish Quarantine

3 4-1006(a) Area Harvesting Oysters or Clams Near the Federal Research Labo-ratory at Oxford: within 250 feet of the laboratory

4 4-1105, 4-1009.1, 4-1014,4-1014.1, 4-1014.2, 4-1014.3,COMAR 08.02.04.13,COMAR 08.02.04.15

Area Harvesting Oysters on Closed Areas, Reserved Areas, or Sanctu-aries: 150 feet or more within an area

5 4-1006.1 Area Using a Hydraulic Clam Dredge, a Traditional Bottom Dredge,or a Shinnecock Rake in a SAV Protection Zone: 150 feet ormore within an area




Description

6 4-1037(1) Area Using a Hydraulic Clam Dredge to Catch Soft Shell Clams on aNatural Oyster Bar or a Leased Oyster Area.

7 4-1012, COMAR 08.02.04.12 Area Power Dredging in Prohibited Areas: 150 feet or more within anarea

8 4-1013(e) Area Dredging on Areas Reserved for Tongers: 150 feet or morewithin an area

9 4-1006(b) Area Harvesting Oysters or Clams in a Polluted Area: 150 feet ormore over the pollution line

10 COMAR 08.02.04.03A, 4-215 Season Harvesting Oysters Out of Season

11 COMAR 08.02.03.11C,08.02.03.12C, 4-215

Season Crabbing During a Closed Season

12 COMAR 08.02.21.03A, 4-215 Season Possessing Yellow Perch for Commercial Purposes During aClosed Season

13 COMAR08.02.21.03B(2) — (3), 4-215

Size Possession of 51 or More Undersized or Oversized Yellow PerchCaught Other Than by Hook and Line

14 COMAR 08.02.12.04A,4-2A-05(c)


Taking Endangered or Threatened Species of Fish

15 4-732, COMAR08.02.05.02B(5) and (7),COMAR 08.02.15.03


Violating Any Regulation Pertaining to Striped Bass SpawningAreas During Spawning Season

16 4-731 Species —Protected

Illegally Selling, Purchasing, or Transporting Striped Bass

17 COMAR 08.02.15.07, 4-215, Species —Protected

Possessing 11 or More Oversized Striped Bass

18 4-739, COMAR 08.02.05.11 Species —Protected

Violating Regulations Concerning the Catch, Possession, or Saleof Sturgeon

19 4-1015, 4-1015.1,COMAR 08.02.04.11


Possessing Unculled Oysters: over 25 percent per bushel

20 COMAR 08.02.15.05A(3)(b),4-2A-03, 4-215


Violating Requirements Pertaining to Tagging Stripped Bass:11 or more untagged fish

21 COMAR 08.02.03.07D(5),4-803, 4-215


Fishing A Crab Pot Licensed to Another Person

22 4-902 Species —Protected

Violating Regulations Pertaining to Terrapins — No Commer-cial Harvest

23 4-11A-15 Intentional Destroying Boundary Markers for Leased Oyster Ground

24 4-503 Intentional Dynamiting

25 4-510 Intentional Violating Regulations Pertaining to Spear Guns

26 4-511 Intentional Interfering with State Buoys, Markers, or Monuments

27 4-708, 4-701(l)(2),COMAR 08.02.13.03F

Intentional Operating When License is Suspended or Revoked

28 4-210(b), 4-701(f) Intentional Violating Fishing Guide Requirements: failure to obtain the fed-eral license required to operate a vessel carrying passengers forhire.

29 COMAR 08.02.24A(3),08.02.05.24B(3)

Intentional Unlawfully Finning Sharks or Dogfish

30 COMAR 08.02.15.04, 4-215 Intentional Possessing Striped Bass for Commercial Purposes Without aStriped Bass Allocation.






Subtitle 03 COMMISSIONER OF FINANCIALREGULATION

09.03.06 Mortgage LendersAuthority: Business Regulation Article, §2-105; Financial Institutions

Article, §§2-105.1, 11-503, and 11-503.1;Annotated Code of Maryland


The Commissioner of Financial Regulation proposes toamend Regulations .01 — .04, .07, .15, .17, and .18 and re-peal existing Regulation .19 under COMAR 09.03.06 Mort-gage Lenders.

Statement of PurposeThe purpose of this action is to:

(1) Amend these regulations to harmonize certain de-fined terms with those same terms in Financial InstitutionsArticle, §§11-501 — 11-524 and 11-601 — 11-623, AnnotatedCode of Maryland;

(2) Amend Regulation .03 to delete certain obsoleteprovisions relating to the transition to the NationwideMortgage Licensing System and Registry (NMLSR) andmake permanent the provisions of the emergency regulationthat became effective July 1, 2009, and that relate to:

(a) Fingerprinting and criminal history record checksby the Federal Bureau of Investigation and the CriminalJustice Information System and Repository of the Depart-ment of Public Safety and Correctional Services;

(b) Added procedures for handling incomplete applica-tions; and

(c) Conforming the licensing requirements for corpo-rate offices with the procedures of the Nationwide MortgageLicensing System and Registry;

(3) Amend Regulation .04 to clarify that the Commis-sioner may terminate the servicer reporting requirement forsuch time as the Commissioner may consider appropriate,and to clarify that the records required to be retained by alicensee relating to a foreclosure are limited to a copy of theaction to docket or complaint to foreclose, without attach-ments;

(4) Amend Regulation .07 to add finder’s fee agree-ments to the list of documents that may not be signed inblank;

(5) Amend Regulation .15 to delete obsolete provisionsrelating to surety bond maintenance reporting require-ments;

(6) Amend Regulation .17 to modify the definition of‘‘covered employee’’ and the continuing education require-ments for covered employees to harmonize them with thecontinuing education requirements for mortgage loan origi-nators, including provisions for providing proof of comple-tion of continuing education, and delete obsolete continuingeducation provisions; and

(7) Repeal Regulation .19 in its entirety.


posed action.





disabilities.

Opportunity for Public CommentComments may be sent to Sarah Bloom Raskin, Commis-

sioner of Financial Regulation, Division of Financial Regu-lation, 500 North Calvert Street, Suite 402, Baltimore,Maryland 21202, or call 410-767-0378, or email [email protected], or fax to 410-333-0475. Com-ments will be accepted through January 19, 2010. A publichearing has not been scheduled.

.01 Scope.This chapter governs the conduct of any person engaged

in mortgage lending, mortgage brokering, or mortgage ser-vicing of loans secured by residential real [property] estatelocated in this State, unless specifically exempt from licen-sure under Financial Institutions Article, §11-502, Anno-tated Code of Maryland.


(1) — (4) (text unchanged)(5) ‘‘Borrower’’ has the meaning stated in Financial In-

stitutions Article, §11-501[(b)], Annotated Code of Mary-land.

(6) (text unchanged)(7) ‘‘Commissioner’’ has the meaning stated in Finan-

cial Institutions Article, §1-101[(g)], Annotated Code ofMaryland.

(8) (text unchanged)(9) Dwelling.

(a) ‘‘Dwelling’’ [means a structure principally de-signed for residential habitation that:

(i) Is affixed to real property; and(ii) Contains living units for not more than four

families.(b) ‘‘Dwelling’’ includes:

(i) An individual owner-occupied residential condo-minium unit within a larger structure or complex, regard-less of the total number of individual units in that structureor complex; and

(ii) An owner-occupied structure designed for morethan one but not more than four families, regardless of theamount of rental income received by the owner.] has themeaning stated in Financial Institutions Article, §11-501,Annotated Code of Maryland.

(10) — (12) (text unchanged)(13) Higher-Priced Mortgage Loan.

(a) ‘‘Higher-priced mortgage loan’’ means a mortgageloan for which the annual percentage rate exceeds the aver-age prime offer rate for a comparable transaction as of thedate the interest rate is set by:

(i) 1.5 or more percentage points for loans securedby a first lien on residential real [property] estate; or



(ii) 3.5 or more percentage points for loans securedby a subordinate lien on residential real [property] estate.

(b) (text unchanged)(c) ‘‘Higher-priced mortgage loan’’ does not include a:

(i) Transaction to finance the initial construction ofa dwelling on residential real [property] estate;

(ii) Temporary loan with a term of 12 months orless, such as a loan to purchase residential real [property]estate where the borrower plans to sell [a] current residen-tial real [property] estate within 12 months;

(iii) — (iv) (text unchanged)(14) — (15) (text unchanged)(16) ‘‘License’’ has the meaning stated in Financial In-

stitutions Article, §11-501[(e)], Annotated Code of Mary-land.

(17) ‘‘Licensee’’ has the meaning stated in Financial In-stitutions Article, §11-501[(f)], Annotated Code of Mary-land.

(18) (text unchanged)(19) ‘‘Loan application’’ has the meaning stated in Fi-

nancial Institutions Article, §11-501[(g)], Annotated Code ofMaryland.

(20) ‘‘Mortgage lender’’ has the meaning stated in Fi-nancial Institutions Article, §11-501[(i)], Annotated Code ofMaryland.

(21) ‘‘Mortgage loan’’ has the meaning stated in Finan-cial Institutions Article, §11-501[(k)], Annotated Code ofMaryland.

(22) ‘‘Mortgage loan originator’’ has the meaning statedin Financial Institutions Article, §11-601[(k)], AnnotatedCode of Maryland.

(23) (text unchanged)(24) ‘‘Person’’ has the meaning stated in Financial In-

stitutions Article, §11-501[(l)], Annotated Code of Maryland.(25) (text unchanged)(26) ‘‘Residential real [property] estate’’ has the mean-

ing stated in Financial Institutions Article, §11-501[(m)],Annotated Code of Maryland.


.03 Licensing and Application Requirements.A. Scope.

(1) If otherwise required to be licensed under FinancialInstitutions Article, §11-502 [or 11-522], Annotated Code ofMaryland, a person is not exempt because the person:

(a) — (d) (text unchanged)(2) Repealed.(3) — (4) (text unchanged)

B. — I. (text unchanged)[J.] (proposed for repeal)J. Transition to Nationwide Mortgage Licensing System

and Registry.(1) Fingerprinting and Criminal Background Checks.

Notwithstanding any provision of Financial Institutions Ar-ticle, Annotated Code of Maryland, in connection with aninitial application for a license, and at any other time thatthe Commissioner requests, an applicant or licensee shallprovide fingerprints for use by the Federal Bureau of Inves-tigation and the Criminal Justice Information System Cen-tral Repository of the Department of Public Safety and Cor-rectional Services to conduct criminal history record checksuntil:

(a) The NMLSR is able to accept fingerprints for sub-mission to the Federal Bureau of Investigation and any othergovernmental agency or entity authorized to receive this in-formation for a state, national, or international criminalhistory background check; and

(b) The Commissioner has developed and imple-mented procedures to allow the NMLSR to accept finger-prints for submission to the Federal Bureau of Investigationand any other governmental agency or entity authorized toreceive this information for a state, national, or interna-tional criminal history background check.

(2) Corporate Office.(a) A person applying for an initial or a renewal li-

cense through the NMLSR shall comply with NMLSR proce-dures by obtaining a license from the Commissioner for theapplicant’s corporate office location by filing the NMLSRform MU-1.

(b) A person holding a license for its corporate officesubject to the NMLSR form MU-1 may apply to the Commis-sioner for one or more licenses for additional locations by fil-ing the NMLSR form MU-3.

K. Incomplete Applications. If an application for an ini-tial license, a renewal license, or a license amendment is in-complete when submitted and remains incomplete for atleast 60 days, the Commissioner may cease processing theincomplete application and return it to the applicant.

.04 Records.A. (text unchanged)B. Content of Records.

(1) — (3) (text unchanged)(4) The Commissioner may:

(a) — (b) (text unchanged)(c) Require that the report be provided to the Com-

missioner on a date later than the 25th day of each monthor terminate the reporting requirement for such length oftime as the Commissioner may consider appropriate.


.07 Agreements with the Borrower.A. (text unchanged)B. Agreements in Blank.

(1) A person may not obtain a borrower’s or guarantor’ssignature on any of the following documents if blanks re-main to be filled in after execution by the borrower:

(a) — (e) (text unchanged)(f) Any other instrument granting a security interest

in property; [and](g) Any other document which constitutes a debt ob-

ligation of the borrower[.] ; and(h) A finder’s fee agreement required under Commer-

cial Law Article, §12-805, Annotated Code of Maryland.(2) (text unchanged)

C. — D. (text unchanged)

.15 Bonds, Letters of Credit, and Trust Accounts.A. — F. (text unchanged)G. (proposed for repeal)

.17 Continuing Education.A. (text unchanged)B. Definitions. In this regulation, the following terms

have the meanings indicated:(1) ‘‘Continuing education course’’ or ‘‘course’’ means an

educational program related to mortgage lending or broker-ing which contributes directly to the enhancement of profes-sional competence of a covered employee to engage in themortgage lending business, as defined in Financial Institu-tions Article, §11-501[(k)], Annotated Code of Maryland.

(2) Covered Employees.(a) ‘‘Covered employees’’ means[:



(a) The] the manager of each corporate office andbranch office [maintained by the licensee] licensed, or re-quired to be licensed, by the Commissioner. [; and

(b) All employees of the licensee who:(i) Have the authority to accept loan applications,

and(ii) As part of their official duties, directly contact

borrowers to negotiate or advise regarding loan terms.][(3)] (b) ‘‘Covered employees’’ does not include an em-

ployee who:[(a) Engages solely in processing loan applications;

or(b) Has:

(i) Been] (i) Has been employed by the licensee forless than 6 months before the expiration date of the licens-ee’s current license[,]; and

(ii) (text unchanged)C. Requirements.

(1) Except as provided in § A(2) and (3) of this regula-tion, in order to renew a license, each covered employee of alicensee shall successfully complete in the licensing periodimmediately preceding the current renewal period at least[20] 8 hours of continuing education in approved courses.

(2) The required [20] 8 hours of continuing educationshall be the same as the continuing education requirementsfor mortgage loan originators set forth in Financial Institu-tions Article, §11-612, Annotated Code of Maryland, andCOMAR 09.03.09.03, and include at least the following sub-jects in the number of hours indicated:

(a) [Ethics] Federal law and regulations — [2] 3hours;

(b) [Federal Real Estate Settlement Procedures Act(RESPA) compliance] Ethics, including instruction onfraud, consumer protection, and fair lending issues — 2hours;

(c) [Federal Truth in Lending Act compliance] Lend-ing standards for the nontraditional mortgage product mar-ket — 2 hours; and

(d) [Federal Equal Credit Opportunity Act/FairLending compliance — 2 hours;

(e) Maryland law update — 2 hours;(f) Federal law update — 2 hours; and(g) Electives — 8 hours.] Maryland mortgage-related

laws — 1 hour.[(3) An employee who has been a covered employee

with one or more licensees or persons exempt from licensingfor the immediately preceding 10 years shall be consideredto have satisfied the continuing education requirements bycompleting, during the immediately preceding license pe-riod, approved courses in the following subjects in the num-ber of hours indicated:

(a) Ethics — 2 hours;(b) Maryland law update — 2 hours; and(c) Federal law update — 2 hours.

(4) Service as an instructor in an approved coursequalifies for continuing education credit for the instructor.Credit for multiple presentations of substantially the samecourse during a single license period will be granted onlyonce.]

[(5)] (3) (text unchanged)D. Reporting, Verification, and Record Keeping.

(1) Except as provided in § A(2) of this regulation, a lic-ensee, when applying for a license renewal, shall:

(a) [Certify under oath as to the completion of the re-quirements of this regulation by each covered employee]Provide to the Commissioner any information or certifica-

tion as the Commissioner may require as proof of satisfac-tory completion of each covered employee’s education re-quirements; and

(b) [Attach to the renewal application] Submit to theCommissioner, in the manner the Commissioner requires, alist of all covered employees [and the following informationfor each continuing education course completed:

(i) Name of the provider;(ii) Name of the course;(iii) Number of hours;(iv) Dates attended; and(v) A brief description of the course subject].

(2) — (3) (text unchanged)E. — F. Repealed.G. Nonrenewal, Suspension, or Revocation of License.

(1) (text unchanged)(2) The Commissioner may issue to a licensee a cease

and desist order under Financial Institutions Article,§11-517, Annotated Code of Maryland, which:

(a) Prohibits a covered employee who has failed tocomply with this regulation from [engaging in activities de-scribed in the definition of covered employee] acting as amanager of the licensee’s corporate office or a branch office;and

(b) (text unchanged)

.18 Special Rules for Covered Loans.A. (text unchanged)B. Definitions. In this regulation, the following terms

have the meanings indicated:(1) — (3) (text unchanged)(4) ‘‘Credit grantor’’ has the meaning stated in Com-

mercial Law Article, §12-1001[(b)], Annotated Code ofMaryland.

(5) Lender.(a) ‘‘Lender’’ has the meanings stated in Commercial

Law Article, §§12-101[(f)], 12-301[(c)], or 12-401[(b)], Anno-tated Code of Maryland, as the context may require.

(b) (text unchanged)(6) (text unchanged)(7) ‘‘Mortgage loan’’ has the meaning stated in Finan-

cial Institutions Article, §11-501[(1)], Annotated Code ofMaryland.

C. Requirements.(1) (text unchanged)(2) Under Commercial Law Article, §§12-127(b), 12-

311(d), 12-409.1(b), and 12-1029(b), Annotated Code ofMaryland:

(a) If the residential real [property] estate securingthe covered loan of a borrower is not located in a metropoli-tan statistical area, the borrower’s monthly gross incomeshall be compared to the nonmetropolitan median family in-come for the county in which the property is located, as re-ported in the most recent estimates made available by theUnited States Department of Housing and Urban Develop-ment as of the date of initial application for a covered loan;

(b) — (f) (text unchanged)

SARAH BLOOM RASKINCommissioner of Financial Regulation




09.03.09 Mortgage Loan OriginatorsAuthority: Business Regulation Article, §2-105; Financial Institutions

Article, §§2-105.1, 11-602, 11-603.1, 11-605, 11-612, and 11-612.1;Annotated Code of Maryland


The Commissioner of Financial Regulation proposes toamend Regulations .01 — .04 and .07, repeal existingRegulations .05 and .06, and adopt new Regulations .05 and.06 under COMAR 09.03.09 Mortgage Loan Origina-tors.

Statement of PurposeThe purpose of this action is to:

(1) Amend this chapter to harmonize certain definedterms with those same terms in Financial Institutions Ar-ticle, §§11-501 — 11-524 and 11-601 — 11-623, AnnotatedCode of Maryland;

(2) Amend Regulation .03 to specify prelicensing andcontinuing education requirements and associated report-ing, verification, and record-keeping requirements;

(3) Amend Regulation .05 to make permanent provi-sions of the emergency regulation, which became effectiveJuly 1, 2009, which deleted certain obsolete provisions re-lating to experience requirements for license applicants,and which added procedures for handling incomplete appli-cations;

(4) Amend Regulation .06 to delete certain obsoleteprovisions relating to the transition to the NationwideMortgage Licensing System and Registry (NMLSR); addcertain provisions relating to prelicensing education re-quirements necessary to facilitate the transition to theNMLSR; and make permanent the provisions of the emer-gency regulation, which became effective July 1, 2009, andwhich relate to fingerprinting and criminal history recordchecks by the Federal Bureau of Investigation and theCriminal Justice Information System and Repository of theDepartment of Public Safety and Correctional Services; and

(5) Amend Regulation .07 to make permanent the pro-visions of the emergency regulation, which became effectiveJuly 1, 2009, relating to license application fees for affili-ated insurance producer-mortgage loan originators.


posed action.

Estimate of Economic ImpactI. Summary of Economic Impact. The amendment to Regula-

tion .07 makes permanent the standard fee provision for the newaffiliated insurance producer-mortgage loan originator license cat-egory established by SB 269 of 2009 (Ch. 4) and set forth in theEmergency Regulation which became effective on July 1, 2009. Thisnew licensing provision has placed significant additional burdenson the Commissioner by creating a special exception to the generalprohibition against licensing independent contractors. The annualfee for this new category of licensees is $700. This fee is calculatedto cover the cost to the Commissioner of regulating these licensees.These licensees are independent contractors, not employees, ofthose persons for whom they originate loans. In many respects theymust be regulated by the Commissioner in the same manner asmortgage lender licensees, rather than mortgage originator licens-ees, as they maintain no employer-employee relationship with a li-censed employer. The Commissioner notes that the cost of the affili-

ated insurance producer-mortgage loan originator license categoryis $300 less than the $1,000-per-year mortgage lender license feethat this category of persons was required to pay prior to the pas-sage of SB 269.

In meeting the regulatory burdens associated with these licens-ees, which are in addition to those associated with regulating stan-dard mortgage originator licensees, the Commissioner must:

• Develop and implement on an on-going basis separate applica-tion procedures for affiliated insurance producer-mortgage loanoriginators.

• Develop unique NMLSR instructional and licensing materials.• Directly receive, review, and process application materials. The

application process cannot be handled by NMLSR electronically tothe same extent as it is with other licensees, and this will requireadditional work by the Commissioner, much of it manual. Likewise,staff must be trained to examine applications in this special form.

• Establish and implement special examination protocols andprocedures exclusively for this licensee category. Each licensee issubject to its own examination.

• Establish and implement special procedures and protocols toensure that each licensee is being properly supervised by the bankor mortgage lender for which it works as an independent contractor.

• Develop and implement a separate license type. This involvesAS 400 programming issues within the Maryland system and print-ing a separate type of license. It also involves design and implemen-tation issues for the NMLSR system which must be overseen by thelicensing staff and must interface with the Maryland system.



A. On issuing agency:New $700 licensing fee (R+) $140,000

B. On other State agencies: NONEC. On local governments: NONE


D. On regulated industries ortrade groups:

On regulated industry (+) $60,000 peryear

E. On other industries or tradegroups: NONE

F. Direct and indirect effects onpublic: NONE


A. This assumes 200 new licensees at $700 per license.D. As an industry licensee no longer has to become licensed as a

mortgage lender at $1,000 per year per license, the new lower $700license fee will save the estimated 200 licensees an amount equal to$300 per license per year.

Economic Impact on Small BusinessesThe proposed action has a meaningful economic impact on

small businesses. An analysis of this economic impact fol-lows.

The amendment to Regulation .07 makes permanent thestandard fee provision for the new affiliated insuranceproducer-mortgage loan originator license category estab-lished by SB 269 of 2009 (Ch. 4) set forth in the emergencyregulation, which became effective on July 1, 2009. Thisnew licensing provision replaces the former MortgageLender Law licensing provision which was applicable tomortgage originators affiliated with insurance producers.The standard fee under this regulation is $700 per year,while the fee under the Mortgage Lender Law is $1,000 peryear. The result is a net savings of $300 per year for thistype of licensee versus the fees that would otherwise apply.



This fee is calculated to cover the cost to the Commis-sioner of regulating these licensees. (See the Summary ofEconomic Impact, above.)


disabilities.


sioner of Financial Regulation, Division of Financial Regu-lation, 500 North Calvert Street, Suite 402, Baltimore, MD21202, or call 410-767-0378, or email to [email protected], or fax to 410-333-0475. Comments will be ac-cepted through January 19, 2010. A public hearing has notbeen scheduled.

.01 Scope.This chapter governs the conduct of any individual em-

ployed as a mortgage loan originator with respect to resi-dential real property located in this State.


(1) — (2) (text unchanged)(3) ‘‘Commissioner’’ has the meaning stated in Finan-

cial Institutions Article, §1-101[(g)], Annotated Code ofMaryland.

(4) ‘‘Continuing education’’[,‘‘classroom education’’,] or‘‘course’’ means an educational program related to mortgagelending or brokering which contributes directly to the en-hancement of professional competence of a mortgage loanoriginator to engage in the mortgage lending business, asdefined in Financial Institutions Article, §11-501[j], Anno-tated Code of Maryland.

(5) ‘‘Dwelling’’ has the meaning stated in [COMAR09.03.06.02B] Financial Institutions Article, §11-501, Anno-tated Code of Maryland.

(6) (text unchanged)(7) ‘‘License’’ has the meaning stated in Financial Insti-

tutions Article, §11-601[(e)], Annotated Code of Maryland.(8) ‘‘Licensee’’ has the meaning stated in Financial In-

stitutions Article, §11-601[(f)], Annotated Code of Mary-land.

(9) ‘‘Mortgage loan’’ has the meaning stated in Finan-cial Institutions Article, §11-501, Annotated Code of Mary-land.

[(9)] (10) ‘‘Mortgage loan originator’’ has the meaningstated in Financial Institutions Article, §11-601[(k)], Anno-tated Code of Maryland.

[(10)] (11) (text unchanged)[(11)] (12) ‘‘Residential real [property] estate’’ has the

meaning stated in Financial Institutions Article, §11-501[(m)], Annotated Code of Maryland.

.03 Education and Testing Requirements.[A.] — [G.] (proposed for repeal)A. Prelicensing Education. Subject to the NMLSR transi-

tion procedures under Regulation .06 of this chapter, toqualify for a license, a mortgage loan originator shall have:

(1) Successfully completed at least 20 hours of preli-censing education as required by Financial Institutions Ar-ticle, §11-606, Annotated Code of Maryland, which shall in-clude at least the following subjects in the number of hoursindicated:

(a) Federal law and regulations — 3 hours;(b) Ethics, fraud, consumer protection and fair lend-

ing — 3 hours;(c) Lending standards for nontraditional mortgage

products — 2 hours;(d) Maryland mortgage-related law — 3 hours;(e) Maryland finder’s fee law — 2 hours; and(f) Electives — 7 hours; and

(2) Achieved a passing grade on a written examinationas required by Financial Institutions Article, §11-606.1, An-notated Code of Maryland.

B. Continuing Education. To renew a license, a mortgageloan originator shall have successfully completed in the 12months immediately preceding the current renewal period atleast 8 hours of continuing education in approved courses, asrequired by Financial Institutions Article, §11-612, Anno-tated Code of Maryland, which shall include at least the fol-lowing subjects in the number of hours indicated:

(1) Federal law and regulations — 3 hours;(2) Ethics, including instruction on fraud, consumer

protection, and fair lending issues — 2 hours;(3) Lending standards for the nontraditional mortgage

product market — 2 hours; and(4) Maryland mortgage-related laws — 1 hour.

C. Reporting, Verification, and Record Keeping.(1) A mortgage loan originator, when applying for an

initial license or for a renewal license, shall provide to theNMLSR and to the Commissioner such information or certi-fication as they may respectively require as proof of satisfac-tory completion of the education and testing requirements ofthis regulation.

(2) The Commissioner may verify, on a random or otherbasis, satisfactory completion of the requirements of thisregulation.

(3) A licensee shall retain evidence acceptable to theCommissioner to verify satisfactory completion of the re-quirements of this regulation for at least 3 years after issu-ance of the license to which it applies.

[H.] D. text unchanged)

.04 Duty of Care.A. Good Faith and Fair Dealing. A mortgage loan origina-

tor has a duty of good faith and fair dealing in communica-tions and transactions with a borrower, including, but notlimited to:

(1) — (2) (text unchanged)B. Method to Determine Net Tangible Benefit.

(1) When determining whether a refinance of a mort-gage loan will provide a net tangible benefit to the borrower,a mortgage loan originator shall make a reasonable inquiryof a borrower to determine what net tangible benefit, if any,the borrower will receive from a mortgage loan. Net tan-gible benefits may include, but are not limited to:

(a) — (j) (text unchanged)(2) A mortgage loan originator is considered to have

conducted a reasonable inquiry of whether a refinance of amortgage loan provides a net tangible benefit to a borrowerif the mortgage loan originator has the borrower completeand sign a net tangible benefit worksheet on the form pre-scribed by the Commissioner for that purpose.

.05 Incomplete Applications.If an application for an initial license, a renewal license,

or a license amendment is incomplete when submitted andremains incomplete for at least 60 days, the Commissionermay cease processing the incomplete application and returnit to the applicant.



.06 Transition to Nationwide Mortgage Licensing Sys-tem and Registry.

A. Prelicensing Education.(1) Prior to January 1, 2011, an individual applying for

an initial license, including an interim license or an initialaffiliated insurance producer-mortgage loan originator li-cense, or an applicant for a renewal license shall be consid-ered to have satisfied the prelicensing educational course re-quirement under Financial Institutions Article, §11-606,Annotated Code of Maryland, if the applicant completed 20hours of continuing education approved by the Commis-sioner within the 5 years prior to the Commissioner’s receiptof the applicant’s application.

(2) For purposes of this section and the prelicensing re-quirements under Financial Institutions Article, §11-606,Annotated Code of Maryland, continuing education ap-proved by the Commissioner shall be considered to includeprelicensing mortgage loan originator education approvedby the Commissioner.

(3) An applicant meeting the prelicensing education re-quirement as permitted by §A(1) and (2) of this regulationshall provide to the Commissioner proof satisfactory to theCommissioner of having completed 20 hours of continuingeducation within the 5 years prior to the Commissioner’s re-ceipt of the application.

B. Fingerprinting and Criminal Background Checks.Notwithstanding Financial Institutions Article, §11-604(d)(1), Annotated Code of Maryland, in connection withan initial application for a license, and at any other timethat the Commissioner requests, an applicant or licenseeshall provide fingerprints for use by the Federal Bureau ofInvestigation and the Criminal Justice Information SystemCentral Repository of the Department of Public Safety andCorrectional Services to conduct criminal history recordchecks until:

(1) The NMLSR is able to accept fingerprints for sub-mission to the Federal Bureau of Investigation and any othergovernmental agency or entity authorized to receive this in-formation for a state, national, or international criminalhistory background check; and

(2) The Commissioner has developed and implementedprocedures to allow the NMLSR to accept fingerprints forsubmission to the Federal Bureau of Investigation and anyother governmental agency or entity authorized to receivethis information for a state, national, or international crimi-nal history background check.

.07 Fees.A. — C. (text unchanged)C-1. Licensing Fees for Affiliated Insurance Producer-

Mortgage Loan Originator Subject to Financial InstitutionsArticle, §11-603.1, Annotated Code of Maryland.

(1) Application Investigation Fee. The nonrefundableinvestigation fee required by Financial Institutions Article,§11-604(b)(1), Annotated Code of Maryland, is $100.

(2) Initial License Fee.(a) The license fee required by Financial Institutions

Article, §11-604(b)(2), Annotated Code of Maryland, is $700for a 1-year Affiliated Insurance Producer-Mortgage LoanOriginator license term.

(b) In addition to the initial license fee set forth in§B(2)(a) of this regulation, an applicant for a license shallpay to NMLSR the license application processing fee andany other fees that NMLSR imposes in connection with theapplication.

(3) Renewal Fee.(a) The renewal fee required by Financial Institutions

Article, §11-609(b)(2), Annotated Code of Maryland, is $700for a 1-year renewal term.

(b) In addition to the renewal fee set forth in §B(3)(a)of this regulation, an applicant for a renewal shall pay toNMLSR the renewal application processing fee and anyother fees that NMLSR imposes in connection with the appli-cation.

D. — E. (text unchanged)



09.03.10 Credit and Other RegulationAuthority: Business Regulation Article, §2-105; Financial Institutions

Article, §§2-105.1, 5-909(1), 11-203, 11-503, 11-602, 12-104, 12-403(1), and12-903(1);



The Commissioner of Financial Regulation proposes toamend Regulations .01 and .03 under COMAR 09.03.10Credit and Other Regulation.

Statement of PurposeThe purpose of this action is to amend Regulations .01

and .03 to change the defined term ‘‘residential real prop-erty’’ to ‘‘residential real estate’’ to harmonize the use of theterm with Financial Institutions Article, §§11-501 — 11-524and 11-601 — 11-623, Annotated Code of Maryland.


posed action.





disabilities.


sioner of Financial Regulation, Division of Financial Regu-lation, 500 North Calvert Street, Baltimore, MD 21202, orcall 410-767-0378, or email to [email protected],or fax to 410-333-0475. Comments will be accepted throughJanuary 19, 2010. A public hearing has not been scheduled.


(1) — (6) (text unchanged)(7) ‘‘Residential real [property] estate’’ has the meaning

stated in Financial Institutions Article, §11-501, AnnotatedCode of Maryland.




.03 Disclosures for Certain Mortgage Loans.A. Mortgage Loan Provisions Requiring Disclosure. A

regulated person that offers to make or procure a mortgageloan secured by residential real [property] estate shall pro-vide to the borrower the disclosures set forth in §B of thisregulation if the terms of the mortgage loan:

(1) — (3) (text unchanged)B. Content and Form of Disclosures.

(1) (text unchanged)(2) If the terms of a mortgage loan of the type described

in §A of this regulation, which is secured by a first-positionlien on residential real [property] estate, do not provide forthe establishment of an escrow account from which propertytax and homeowner’s insurance payments are made, a dis-closure containing the following information, as applicable,and in substantially similar form shall be provided to theborrower:

YOU ARE RESPONSIBLE FOR PROPERTY TAX ANDHOMEOWNER’S INSURANCE PAYMENTS IN ADDI-TION TO YOUR REGULARLY SCHEDULED PERIODICMORTGAGE LOAN PAYMENT: The terms of your mort-gage loan do not provide for the establishment of an escrowaccount from which your property taxes and homeowner’sinsurance will be paid. This means that your regularlyscheduled periodic mortgage loan payment does not coverthese sums and you are responsible for paying propertytaxes and home insurance premiums when the bills arrive.You will need to consider your ability to pay these tax andinsurance amounts in addition to paying your regularlyscheduled periodic mortgage loan payment.

(3) — (4) (text unchanged)C. (text unchanged)



09.03.11 Recordation of Security Instrumentsfor Residential Property

Authority: Real Property Article, §3-104.1,Annotated Code of Maryland


The Commissioner of Financial Regulation proposes toamend Regulations .01 and .02 under COMAR 09.03.11Recordation of Security Instruments for ResidentialProperty.

Statement of PurposeThe purpose of this action is to change the defined term

‘‘mortgage originator licensee’’ to ‘‘mortgage loan originatorlicensee’’ and to change the term ‘‘mortgage originator’’ to‘‘mortgage loan originator’’ to harmonize these terms withFinancial Institutions Article, §§11-601 — 11-623, Anno-tated Code of Maryland.


posed action.





disabilities.


sioner of Financial Regulation, Division of Financial Regu-lation, 500 North Calvert Street, Suite 402, Baltimore,Maryland 21202, or call 410-767-0378, or email to [email protected], or fax to 410-333-0475. Comments will beaccepted through January 19, 2010. A public hearing hasnot been scheduled.


(1) — (2) (text unchanged)(3) ‘‘Mortgage loan originator licensee’’ means an indi-

vidual licensed under Financial Institutions Article, §§11-601 — 11-618, Annotated Code of Maryland.


.02 Information in Recorded Security Instrument.A. Licensee Information or Affidavit in Lieu of Licensee

Information.(1) (text unchanged)(2) If a mortgage loan originator licensee originated

the mortgage loan on residential property that is secured bya security instrument to be recorded under Real PropertyArticle, §3-104.1, Annotated Code of Maryland, the follow-ing information shall be filed with the security instrument:

(a) The name of the mortgage loan originator lic-ensee; and

(b) The Maryland mortgage loan originator licensenumber of the mortgage loan originator licensee.

(3) (text unchanged)(4) A person exempt or excepted from the requirement

to be licensed as a Maryland mortgage loan originator, orthat person’s employer, shall file an affidavit with the secu-rity instrument to be recorded in lieu of mortgage loan origi-nator licensee information.

B. Information/Affidavit Form. — Maryland MortgageLender License Number: (text unchanged)

Maryland Mortgage Loan Originator Name:Maryland Mortgage Loan Originator License Number:Affidavit in Lieu of Maryland Mortgage Lender or

Maryland Mortgage Loan Originator Licensee Infor-mation

(Check the box and complete the information for the ap-plicable selection(s) below. As used herein, the term ‘‘Loan’’means the mortgage loan secured by the security instru-ment attached hereto [for subsequent filings insert: ‘‘or, if noinstrument is attached, by the security instrument recordedat liber/book , folio/page ’’].)

Affidavit of Individual Mortgage Loan Originator:� I, [Insert name of affiant], whose ad-

dress is [Insert address of affiant], herebyaffirm, under the penalties of perjury, that I am the indi-vidual who originated the Loan and, in connection there-with, I am exempt from the licensing requirements under



Financial Institutions Article, §§11-601 through 11-618, An-notated Code of Maryland.

Affidavit of Lender:� I, [Insert name of affiant], hereby af-

firm, under the penalties of perjury, that I am the [InsertTitle] of [Insert the name of the lender(the ‘‘Lender’’) that made the Loan]. The Lender’s addressis [Insert address of Lender]. I am dulyauthorized by the Lender to execute this affidavit. TheLender, in connection with the Loan, is exempt from the li-censing requirements under Financial Institutions Article,§§11-501 through 11-524, Annotated Code of Maryland.

Affidavit of Lender (on its own behalf and on behalf of itsemployee who originated the Loan):

� I, [Insert name of affiant], hereby af-firm, under the penalties of perjury, that I am the

[Insert Title] of [Insertthe name of the lender (the ‘‘Lender’’) that made the Loan].The Lender’s address is [Insert address ofLender]. I am duly authorized by the Lender to execute thisaffidavit. The Lender, in connection with the Loan, is ex-empt from the licensing requirements under Financial In-stitutions Article, §§11-501 through 11-524, Annotated Codeof Maryland. The employee of the Lender who originatedthe Loan is exempt from the licensing requirements underFinancial Institutions Article, §§11-601 through 11-618, An-notated Code of Maryland.

Affidavit of Mortgage Broker (on behalf of its employeewho originated the mortgage loan):

� I, [Insert name of affiant], hereby af-firm, under the penalties of perjury, that I am the

[Insert title] of [Insertthe name of the broker (the ‘‘Broker’’) that brokered theLoan]. The Broker’s address is [Insert ad-dress of Broker]. I am duly authorized by the Broker to ex-ecute this affidavit. The employee of the Broker,

[Insert name of employee (the ‘‘Em-ployee’’)], is the individual who originated the Loan. TheEmployee, in connection with the Loan, is exempt from thelicensing requirements under Financial Institutions Article,§§11-601 through 11-618, Annotated Code of Maryland.

I SOLEMNLY AFFIRM, under the penalties of perjuryand upon personal knowledge, that the contents of the fore-going paper are true. Date

Signature of Affiant (Signing on behalf ofLender)

Print Name and Title of AffiantDate Signature of Affiant (In-

dividual Mortgage Loan Originator) Print Name ofAffiant Date Signatureof Affiant (Signing on Behalf of Mortgage Broker)

Print Name and Title of Affiant(2) — (3) (text unchanged)

C. (text unchanged)

SARAH BLOOM RASKIN

Commissioner of Financial Regulation


09.03.12 Foreclosure Procedures for Residen-tial Property

Authority: Real Property Article, §7-105.1(c)(4) and (d)(2)(vii),Annotated Code of Maryland


The Commissioner of Financial Regulation proposes toamend Regulations .01 and .02 under COMAR 09.03.12Foreclosure Procedures for Residential Property.

Statement of PurposeThe purpose of this action is to amend Regulations .01

and .02 to change the term ‘‘mortgage originator licensee’’ to‘‘mortgage loan originator licensee’’ and to change the term‘‘mortgage originator’’ to ‘‘mortgage loan originator’’ to har-monize these regulations with Financial Institutions Ar-ticle, §§11-601 — 11-623, Annotated Code of Maryland.


posed action.





disabilities.


sioner of Financial Regulation, Division of Financial Regu-lation, 500 North Calvert Street, Suite 402, Baltimore,Maryland 21202, or call 410-767-0378, or email [email protected], or fax to 410-333-0475. Com-ments will be accepted through January 19, 2010. A publichearing has not been scheduled.


(1) — (3) (text unchanged)(4) ‘‘Mortgage loan originator licensee’’ means an indi-

vidual licensed under Financial Institutions Article, §§11-601 — 11-618, Annotated Code of Maryland.


.02 Notice of Intent to Foreclose.A. Form. — Maryland Mortgage Lender License Number

(if applicable): (text unchanged)Name of Mortgage Loan Originator (if applicable):

Maryland Mortgage Loan Originator License Number(if applicable):

(2) For purposes of the notice set forth in §A(1) of thisregulation, the names and license numbers of mortgagelender licensees and mortgage loan originator licensees arerequired to be included in the notice only if this information



is included on or recorded with the security instrument se-curing the mortgage loan related to the notice, or is other-wise known to the person sending the notice.

B. — D. (text unchanged)



09.12.40 Workplace FraudAuthority: Labor and Employment Article, §§3-903(d), 3-904,

3-914, and 3-917,Annotated Code of Maryland


The Commissioner of Labor and Industry proposes toadopt new Regulations .05 and .06 under COMAR 09.12.40Workplace Fraud.

Statement of PurposeThe purpose of this action is to implement Ch. 188, Acts of

2009 and, specifically, Labor and Employment Article, §3-903, Annotated Code of Maryland, which requires the Com-missioner of Labor and Industry to adopt regulations thatfurther explain and provide specific examples of the applica-tion of the test to establish whether an employer-employeerelationship exists.


posed action.





disabilities.

Opportunity for Public CommentComments may be sent to Debbie Stone, Administrative

Officer, Division of Labor and Industry, 1100 N. EutawStreet, Room 606, Baltimore, Maryland 21201, or call 410-767-2225, or email to [email protected], or fax to 410-767-2986. Comments will be accepted through January 19,2010. A public hearing will be held on January 5, 2010, at 10a.m., at 1100 N. Eutaw Street, Room 606, Baltimore, Mary-land 21201, for the purpose of affording interested personsthe opportunity to provide data or comments in writing ororally. Any interested person desiring to participate in thishearing should give written notification to appear not laterthan December 30, 2009, to Commissioner of Labor and In-dustry, Attention: Debbie Stone, Regulations Coordinator,Division of Labor and Industry, 1100 N. Eutaw Street, Room606, Baltimore, Maryland 21201, or call 410-767-2225, orfax to 410-767-2986, or email [email protected]. The no-tice must state the name and address of the person to ap-

pear, the capacity in which the person will appear, and theapproximate amount of time required for the person’s par-ticipation.

.05 Landscaping Illustrations.A. The illustrations in this regulation provide guidance

under the Workplace Fraud Act only and do not apply to anyother State or federal law.

B. The illustrations in §§C — E of this regulation, provideguidance for the landscaping services industry in the appli-cation of Labor and Employment Article, §3-903(c), Anno-tated Code of Maryland.

C. The JB Landscaping Company (JB) is hired to installthe landscaping for a new large housing development. AfterJB commences work, it determines that it does not haveenough employees to complete the job. JB subcontracts someof its work to the Red Company (Red), a smaller landscapecompany. JB sets the work hours for all workers on the job.Red provides the plants and other necessary tools and equip-ment for the job. Red maintains its own place of business butdoes not perform service for more than one person or com-pany at a time. Either JB or Red can end the services at anytime. Red pays federal employee taxes. Red is an indepen-dent contractor.

D. While working on a large landscaping job with a Fri-day deadline, the Tree Company (Tree) determines that itneeds additional workers to meet that deadline. On Wednes-day afternoon, Tree contacts Keith Brown to see if he knowsat least five workers who can report to the landscaping job inthe morning. Keith Brown engages five other workers to as-sist with the Tree job. Tree sets the hours, provides the toolsand equipment, and frequently inspects the work during theday. Keith Brown does landscaping work but does not havehis own business. Tree pays Keith Brown a lump sum, whichhe distributes to the other workers. Keith Brown and the fiveother workers are employees of Tree.

E. The Green Company (Green), a landscaping company,is hired to landscape a building complex. Once the work isunderway, the owner of the building complex decides to in-stall a pond with a waterfall. Green does not build pondsand waterfalls so it subcontracts that work to the WaterCompany (Water). Water is licensed to build ponds with wa-terfalls, and it carries workers’ compensation and liabilityinsurance under the company name. Water performs servicesfor more than one person at a time. All equipment and toolsnecessary for the pond installation are owned by Green. Be-cause of Water’s experience in the area, there is no oversightof the daily work by Green. Water is paid by Green at thecompletion of the job. However, Green is ultimately respon-sible for the final product if there are any faults or defects inthe construction. Water is an independent contractor.

.06 Construction Illustrations.A. The illustrations in this regulation provide guidance

under the Workplace Fraud Act only and do not apply to anyother State or federal law.

B. The illustrations in §§C — J of this regulation provideguidance for the construction services industry in the appli-cation of Labor and Employment Article, §3-903(c), Anno-tated Code of Maryland.

C. John Brown has an oral agreement with ACE BuildingCompany (ACE) to do carpentry work on houses in a devel-opment designated by ACE. John Brown supplies his ownhand tools. ACE supplies the material for each job. He has todo the work himself and he works on a full time basis for thecompany. For some work he is paid on a piecework basis andfor some work he is paid on an hourly basis. He does not



have assistants, does not have an office, and does not adver-tise in newspapers or otherwise hold himself out to the publicas being in the carpentry business. ACE can fire him anytime before he finishes a job without contractual liability.John Brown is an employee of ACE.

D. HVAC, Inc. (HVAC) is the mechanical subcontractor ona large hospital construction contract. There is so muchwork to perform that HVAC contracts with two other compa-nies, Air Supply, Inc. (Air Supply) and Kool and the Gang,Inc. (Kool), to assist with the work. Air Supply and Kool eachhave their own employees. HVAC retains some supervisorycontrol over the employees of the other companies to makesure that the job is being done to the specifications of theoverall mechanical contract. Air Supply and Kool exercisesupervision over the installation methods of their respectiveworkforces. Even though the two subcontractors are in thesame business as HVAC and they perform the same type ofwork at the same location as HVAC, there is no employer-employee relationship between the contracting companies,and there is no employee-employer relationship between thesubcontractors’ employees and HVAC.

E. Sarah Green is a painting subcontractor who has con-tracted with XYZ General Contracting, Inc. (XYZ) to paint264 houses. She hired 40 painters to do the work for her, al-though only about 15 are on the job at any one time. Shesupplies all the paint, brushes, and ladders. She designatesthe house to be painted and either pays the painters perhouse or by the hour. Detailed instructions about the workare not necessary because of the painters’ skill in their trade.Sarah Green inspects the work and requires them to repaintany unsatisfactory work. The painters cannot engage helperswithout her consent. She can discharge them for any reason,and they are free to resign at any time. The painters assumeno business risks and have no capital investment. None ofthem has an established business. The painters are employ-ees of Sarah Green, not XYZ, and Sarah Green is an inde-pendent contractor, not an employee of XYZ.

F. Milton Manning, an experienced tile and terrazzo jour-neyman, orally agreed with MEGA, Inc. (MEGA) to performfull-time services at construction sites. He uses his own toolsand performs services in the order designated by MEGA andaccording to its specifications. MEGA supplies all materials,makes frequent inspections of his work, pays him on a piece-work basis, and carries workers’ compensation insurance onhim. He does not have a place of business or hold himself outto perform similar services for others. Either party can endthe services at any time. Milton Manning is an employee ofMEGA.

G. Wallace Black agreed with the Sawdust Company(Sawdust) to supply the construction labor for a group ofhouses. The company agreed to pay all construction costs.However, Wallace Black supplies all the tools and the equip-ment. He performs personal services as a carpenter and me-chanic for an hourly wage. He also acts as superintendentand foreman, and engages other individuals to assist him.Sawdust has the right to select, approve, or discharge anyhelper. A company representative makes frequent inspectionsof the construction site. When a house is finished, WallaceBlack is paid a certain percentage of its costs. He is not re-sponsible for faults, defects of construction, or wasteful op-eration. At the end of each week, he presents the companywith a statement of the amount he has spent, including thepayroll. Sawdust gives him a check for that amount fromwhich he pays the assistants, two of whom are day laborersalthough he is not personally liable for their wages. WallaceBlack and all of his assistants are employees of Sawdust.

H. Trisha Gold; Pristine; Painters.(1) Trisha Gold is a painting contractor who has been

subcontracted by Pristine Construction, Inc. (Pristine), thegeneral contractor responsible for painting 20 individualcottages. Prior to entering the contract, Pristine seeks andobtains proof from Trisha Gold of payroll withholdings, pay-ment of unemployment insurance and workers’ compensa-tion with respect to Trisha Gold’s employees. Pristine alsoprovides Trisha Gold with a written notice of her status asan independent contractor and the rights and obligationspursuant to that status. Per the terms of their written con-tract, Trisha Gold is to complete ten cottages.

(2) Trisha Gold hires Painters, LLC (Painters) to assistin the completion of this contract. Painters is responsible fordelivery of five completed cottages. In order to ensure thatthe cottages are completed with matching colors, Pristineprovides all of the paint. However, Trisha Gold and Painterseach provide their own ladders and brushes. Painters workunder Trisha Gold’s direction and control and she sets thework hours for the job. Trisha Gold inspects Painters’ workto ensure satisfactory performance and she is responsible forpaying for any repairs for inadequate work. Trisha Gold isan independent contractor of Pristine. Painters’ workers areemployees of Trisha Gold. Painters and their workers are notemployees of Pristine.

I. ABC Company (ABC) hires three crews of workers to dothe siding on new houses in a residential development. ABCpays each of the crews per square foot of siding installed.ABC tells each crew leader that they are independent con-tractors responsible for their own workers’ compensation pre-miums and any taxes. None of the crew leaders appears tohave their own business, and they fail to get any workers’compensation coverage. One of the crew leaders is designatedas general foreman and has been given total responsibilityfor running the job, but ABC has a superintendent who peri-odically walks the site to make sure the work is done prop-erly. ABC also provides safety equipment for each worker. Atthe end of each week, ABC pays the crew leaders a lump sumbased on the square footage of siding installed. The crewleader then pays each worker based on how much siding theyinstalled. The workers doing the siding are employees ofABC.

J. POP; DIG. POP General Contracting (POP) leases twoemployees and a backhoe from DIG Excavators, Inc. (DIG).The DIG workers are engaged to open a trench, lay somepipe, and backfill the trench. Both POP and DIG contendthat neither of them is the employer of the workers, that forpurposes of these lend/lease type jobs, they are independentcontractors for POP. None of the workers has his own busi-ness or pays his own workers’ compensation. The workers al-ways consider DIG to be their employer and if they havequestions about how to do the job, they ask their boss at DIG.The workers are employees of DIG, even while they areleased-loaned to POP.

J. RONALD DEJULIISCommissioner of Labor and Industry



Subtitle 26 BOARD OF PILOTSNotice of Proposed Action

[09-432-P]

The Board of Pilots proposes to:(1) Amend Regulation .04 under COMAR 09.26.01

General Regulations;(2) Amend Regulation .06 and adopt new Regulations

.07 and .08 under COMAR 09.26.02 Pilots-in-Training,and Limited and Unlimited Licensed Pilots; and

(3) Amend Regulation .01 under COMAR 09.26.04Work Rules.

This action was considered by the Board at a public meet-ing held on October 9, 2009, notice of which was publishedin 36:20 Md. R. 1571 (September 25, 2009), pursuant toState Government Article, §10-506(c), Annotated Code ofMaryland.

Statement of PurposeThe purpose of this action is to delete the requirement

that the President of the Association of Maryland Pilots re-port marine incidents that involve only mechanical failureon a vessel to the Board; to clarify the time period for thecompletion of continuing education requirements; to add anadditional course in the subject of E-Navigation; to permit alicensed pilot an additional year on one continuing educa-tion cycle to complete two specific continuing educationcourses; and to give licensed pilots credit for courses takenwhile serving as pilots-in-training. A new regulation wouldpermit electronic filing of continuing education coursecompletion notices, and would give the Board the authorityto audit licensees to assure continuing education compli-ance. Licensed pilots would be required to maintain activeUnited States Coast Guard licenses, to give the Boardprompt notice of any lapse in that licensing, and to continuepiloting without the federal license only under limited cir-cumstances. The existing provisions addressing Board ap-proval of Association work rules that affect safe operationsof vessels would be amended to expand the scope of thework rules that must be submitted to the Board for its re-view and approval.


posed action.





disabilities.

Opportunity for Public CommentComments may be sent to Pamela J. Edwards, Assistant

Executive Director, Board of Pilots, 500 North CalvertStreet, Room 308, Baltimore, MD 21202, or call 410-230-6263, or email to [email protected], or fax to410-333-0021. Comments will be accepted through March 1,2010. A public hearing has not been scheduled.

Open MeetingFinal action on the proposal will be considered by the

Board of Pilots during a public meeting to be held on April9, 2010, at 10:30 a.m., at 500 N. Calvert Street, Baltimore,MD 21202.

09.26.01 General RegulationsAuthority: Business Occupations and Professions Article, §11-205,


.04 Reports of Incidents.[A. The president of the Association shall report at the

regular meetings of the Board all incidents occurring duringthe quarter immediately preceding that meeting involving alicensed pilot.]

[B. Except as provided in §C of this regulation, a] A li-censed pilot involved in an incident that is required to bereported to the United States Coast Guard shall file a writ-ten report of the incident with the Board within 7 calendardays after the date of the incident. The written report shallcontain a detailed factual account of the incident.

[C. A licensed pilot involved in an incident that consistsof a mechanical failure on a vessel that does not result in acasualty is not required to file a written report with theBoard.]

09.26.02 Pilots-in-Training, and Limited andUnlimited Licensed Pilots

Authority: Business Occupations and Professions Article, §11-205,Annotated Code of Maryland

.06 Continuing Education.A. [By May 1, 1998, and every 5-year period after that,

each unlimited licensed] Once every 5 years, a licensed pilotshall satisfactorily complete a course approved by the Boardor a course offered at an institute approved by the Board ineach of the following subject areas:

(1) — (3) (text unchanged)(4) Differential Global Positioning System (DGPS)[.];

and(5) E-Navigation.

[B. Each pilot shall provide the Board of Pilots with acertification by the course sponsor, on a form approved bythe Board, of satisfactory completion of that course within 6months of the completion of the course.]

B. At the request of a pilot, the Board may give the pilotan additional year beyond the normal 5-year time period onone continuing education cycle to extend the renewal date ofthe ARPA or ROR so that the dates are coincident for thepurposes of federal licensing requirements.

C. A licensed pilot who completed a required course whilea pilot-in-training shall complete the course again within 5years of the prior course completion and every 5 years there-after.

.07 Reporting Requirements for License Renewal.A. A licensee shall provide the Board with satisfactory evi-

dence of completion of the continuing education require-ments either through electronic completion notices provideddirectly to the Board by the course provider or through otherdocumentation from the course provider that is acceptable tothe Board.

B. The documentation shall be submitted within 30 daysof the completion of the course.

C. The Board at its discretion may audit up to 10 percentof randomly selected licensees to ascertain compliance withthe continuing education requirements.

D. Licensees who are audited shall provide any addi-tional documentation required by the Board to complete theaudit.



.08 Maintenance of Federal License.A. Each licensed pilot shall maintain an active United

States Coast Guard license.B. A licensed pilot shall give the Board immediate notice

of any lapse in the pilot’s United States Coast Guard license.C. If the lapse is the result of a delay that occurs in the

United States Coast Guard renewal process, the pilot shallbe permitted to continue piloting pending re-issuance of thelicense upon a showing by the pilot to the Board that:

(1) A timely application for the renewal of the licensehas been made;

(2) There are no known impediments to renewal of thelicense; and

(3) A licensed physician or physician’s assistant hascertified that the pilot is in good health and has no physicalimpairment or medical condition that would render the pilotphysically unable to perform the ordinary duties of the li-cense.

09.26.04 Work RulesAuthority: Business Occupations and Professions Article, §11-205,


.01 Committee on Work Rules.A. (text unchanged)B. The Association shall submit to the Committee [any]

all proposed changes in the Association’s work rules that af-fect [safe operations of vessels by Maryland pilots] pilot listadministration, appointments, assignment intervals, or re-lief pilots.

C. The Committee may meet in person or through a con-ference call to consider and discuss whether any of the pro-posed changes affect safe operations of vessels by Marylandpilots and, if so, what action should be taken on them.

D. Within 15 days of the submission, the Committeeshall notify the Association whether it has determined thatany of the proposed changes affect safe operations of vesselsby Maryland pilots, and if so, whether those changes havebeen preliminarily approved or [that they] have been re-ferred to the full Board for its consideration.

E. — I. (text unchanged)J. The Committee and the Board may not take a position

on proposed changes that the Committee determines do notaffect safe operations of vessels by Maryland pilots.

ROBERT B. SCHULMANChairman

State Board of Pilots

Subtitle 32 UNEMPLOYMENT INSURANCE09.32.01 Obligations of Employers

Authority: Labor and Employment Article, §§8-205(b) and 8-305,Annotated Code of Maryland


The Secretary of Labor, Licensing, and Regulation pro-poses to adopt new Regulation .18-3 under COMAR09.32.01 Obligations of Employers.

Statement of PurposeThe purpose of this action is to implement Ch. 188, Acts of

2009 and specifically, Labor and Employment Article, §8-205(b), Annotated Code of Maryland which requires the Sec-

retary of Labor, Licensing, and Regulation to adopt regula-tions that provide guidance and specific examples of howthe test to establish whether an employer-employee rela-tionship exists applies to the home health services industry.


posed action.





disabilities.

Opportunity for Public CommentComments may be sent to Sarah Harlan or Cynthia Spirt,

Assistant Attorneys General, Department of Labor, Licens-ing, and Regulation, 500 North Calvert Street, 4th Floor,Baltimore, Maryland 21202, or call 410-230-6120, or emailto [email protected], or fax to 410-333-6503. Com-ments will be accepted through January 19, 2010. A publichearing will be held on January 5, 2010 at 10 a.m., at 1100N. Eutaw Street, Room 606, Baltimore, Maryland 21201, forthe purpose of affording interested persons the opportunityto provide data or comments in writing or orally. Any inter-ested person desiring to participate in this hearing shouldgive written notification to appear not later than December30, 2009, to Sarah Harlan or Cynthia Spirt, Assistant Attor-neys General, Department of Labor, Licensing, and Regula-tion, 500 N. Calvert Street, 4th Floor, Baltimore, Maryland21202, or call 410-230-6120, or fax to 410-333-6503, or [email protected]. The notice must state the nameand address of the person to appear, the capacity in whichthe person will appear, and the approximate amount of timerequired for the person’s participation.

.18-3 Home Health Care Illustrations.A. The illustrations in this regulation provide guidance

under the Unemployment Insurance Law and do not applyto any other State or federal law.

B. The following illustrations in §§C and D of this regula-tion provide guidance for the home health care industry inthe application of Labor and Employment Article, §8-205,Annotated Code of Maryland.

C. Extra Loving Care (ELC) is a company that providesin-home health care services. ELC has a registry of certifiednursing assistants (CNAs), geriatric nursing assistants(GNAs), and licensed practical nurses (LPNs). ELC adver-tises extensively and represents in its advertisements that itprovides top quality in home health care services. ELC veri-fies that all workers on its registry do not have a criminalbackground and are properly licensed. Before placing anyworkers on its registry, ELC checks references and conductsan interview to determine whether the worker meets ELC’sprofessional standards. Once ELC has hired a worker, theworker must attend a mandatory orientation at ELC’s of-fices. The orientation includes a description of what is ex-pected of the worker such as what to wear, arriving on time,not smoking in a client’s home, and not using cell phones ina client’s home. Each worker must sign an agreement withELC that, among other things, prohibits the worker from so-liciting ELC’s clients. When a client calls ELC and requests



an in-home health care worker, ELC selects a worker fromthe registry that meets the client’s specifications. ELC deter-mines the worker’s rate of pay and the worker cannot negoti-ate pay rates with clients. Clients pay ELC directly and ELCdeducts its fee and pays the worker. Workers must wear abadge bearing the ELC name and logo when working withclients. If a worker cannot make it to an accepted assign-ment, the worker must contact ELC to arrange a replace-ment. A worker cannot send a substitute even if the substi-tute would be satisfactory to the client. If a client is notsatisfied with a worker, the client contacts ELC directly. Of-ten, ELC follows up with clients to find out if they were sat-isfied with the worker and with ELC’s services. The workerson ELC’s registry are employees of ELC.

D. Loving Care is a company that provides in-homehealth care services. Loving Care has a registry of CNAs,GNAs, and LPNs. Loving Care verifies that all workers onits registry do not have a criminal background and are prop-erly licensed. The workers on Loving Care’s registry havetheir own workers’ compensation and liability insurance cov-erage. The workers on Loving Care’s registry have formed in-dependent businesses that are readily demonstrated by ar-ticles of incorporation, Federal Employer IdentificationNumbers (FEINs), tax returns, business cards, advertisingand other indicia of operating an independent business. Theworkers on Loving Care’s registry negotiate their own ratesof pay. The workers on Loving Care’s registry use their owntools and equipment to carry out their services. The workerson Loving Care’s registry are paid directly by the client, andthe workers are responsible for remitting any referral fee di-rectly to Loving Care. When billing clients and documentingtheir work hours, the workers on Loving Care’s registry usetheir own invoices containing the name of their indepen-dently established business. If dissatisfied with a worker, theclient informs the worker directly. The workers are notbound by a non-solicitation provision. The workers on Lov-ing Care’s registry are not employees of Loving Care.

JULIE ELLEN SQUIREAssistant Secretary for Unemployment Insurance

Subtitle 32 UNEMPLOYMENT INSURANCE09.32.09 Employer AuditsAuthority: Labor and Employment Article, §§8-305, 8-306, 8-602, and 8-625,



The Secretary of the Department of Labor, Licensing, andRegulation proposes to adopt new Regulations .01 — .05 un-der a new chapter, COMAR 09.32.09 Employer Audits.

Statement of PurposeThe purpose of this action is to establish audit proce-

dures, including taxpayer appeals, for the Division of Un-employment Insurance in conducting audits under Laborand Employment Article, §§8-306 and 8-602, AnnotatedCode of Maryland.


posed action.





disabilities.

Opportunity for Public CommentComments may be sent to Sarah Harlan or Cynthia Spirt,

Assistant Attorneys General, Department of Labor, Licens-ing, and Regulation, 500 North Calvert Street, 4th Floor,Baltimore, Maryland 21202, or call 410-230-6120, or emailto [email protected], or fax to 410-333-6503. Com-ments will be accepted through January 19, 2010. A publichearing has not been scheduled.

.01 Purpose.This chapter sets out the Division of Unemployment Insur-

ance’s procedures for conducting an audit, the related re-quirements for employers, and procedures for agency levelreview prior to appeal.

.02 Definitions.For the purpose of this chapter, ‘‘audit’’ means a review of

an employer’s records to ensure compliance with the Mary-land Unemployment Insurance Law and regulations.

.03 Audit Process.A. Assignment.

(1) Upon receipt of an audit assignment, a field auditorshall send an audit notice letter to the employer advisingthat the employer is the subject of an audit by the field inves-tigation and audit unit.

(2) The letter shall:(a) State the authority for conducting the audit;(b) Contain a list of records that the auditor will re-

view in order to conduct the audit; and(c) Request that the employer contact the auditor

within 15 business days to arrange a convenient time to con-duct the audit.

B. Failure to Respond.(1) If the employer fails to respond to the initial audit

notice, the auditor shall send the employer a final audit no-tice requesting that the employer contact the auditor within10 business days.

(2) The notice shall advise that if the employer fails tocontact the auditor within 10 business days, a subpoenaduces tecum may be issued compelling production of records.

C. After the audit has been scheduled, the auditor may doany or all of the following:

(1) Require a meeting with the employer or the employ-er’s designated representative;

(2) Interview the workers in question; or(3) Request additional information or documentation

from the employer.D. Upon completion of the audit, if the auditor determines

that no adjustment is necessary, a letter shall be sent to theemployer advising the employer that no violation of theMaryland Unemployment Insurance Law was found for theaudit period.

E. Adjustments Needed.(1) If, after completing the audit, the auditor finds that

adjustments to the employer’s account are warranted, theauditor shall notify the employer of the audit findings andthe adjustments to be made to the account.



(2) The Preliminary Audit Findings letter shall statethe basis for the audit findings, based on information theauditor has received.

.04 Records.A. An auditor may request any records necessary from an

employer including, but not limited to, those set forth in theLabor and Employment Article, §§8-306(b) and 8-625, Anno-tated Code of Maryland, and COMAR 09.32.01.06. Refusalor failure by an employer, or the employer’s representative, toprovide requested records to an auditor may result in the is-suance of a subpoena.

B. Refusal or failure by an employer, or the employer’srepresentative, to provide requested documents after issu-ance of a subpoena may result in either or both of the follow-ing:

(1) Judicial enforcement of the subpoena; or(2) Placement of estimated assessments on the employ-

er’s account.

.05 Appeal of Audit Findings.A. If an auditor determines that adjustments to an em-

ployer’s account are warranted, the auditor shall issue pre-liminary audit findings.

B. If the employer disagrees with the preliminary auditfindings, the employer may request a review determinationwithin 15 days of the date of the preliminary audit letter.

C. Upon receipt of a request for a review determination, areviewer designated by the Secretary shall be assigned toconduct the review determination.

D. The designated reviewer may:(1) Review the audit work papers;(2) Speak to the employer and designated representa-

tive; and(3) Request any additional information the reviewer

deems necessary.E. In addition, the employer may provide any documenta-

tion to the reviewer that the employer believes supports itsposition.

F. If the employer fails to provide the additional informa-tion requested by the Reviewer within the timeframe estab-lished by the Reviewer, the Reviewer shall make a determi-nation based on the available information.

G. Upon completion of the review determination, the re-viewer shall prepare a detailed written decision affirming orreversing the findings of the field auditor.

H. The review determination shall:(1) State in detail the facts upon which the reviewer re-

lied in order to affirm or adjust the audit findings; and(2) Advise the employer that if the employer disagrees

with the review determination, the employer may file an ap-peal with the Board of Appeals within 15 days of the date ofthe review determination.

I. If an employer does not request a review determinationwithin the 15-day appeal period:

(1) The preliminary audit findings shall become final;and

(2) The employer shall be sent a letter advising the em-ployer that the employer may file an appeal with the Boardof Appeals within 15 days of the date of the letter.

JULIE ELLEN SQUIREAssistant Secretary for Unemployment Insurance


HEALTH AND MENTAL HYGIENESubtitle 09 MEDICAL CARE PROGRAMS


The Secretary of Health and Mental Hygiene proposes toamend:

(1) Regulations .07 — .09 under COMAR 10.09.11Maryland Children’s Health Program;

(2) Regulations .04 and .07 under COMAR 10.09.24Medical Assistance Eligibility; and

(3) Regulation .12 under COMAR 10.09.60 PrimaryAdult Care Program — Eligibility.

Statement of PurposeThe purpose of this action is to amend and clarify require-

ments specified in regulations relating to signatures re-quired on an application, child care expenses, self-employment income disregards, and exclusions to income sothat regulations are consistent with policy and proceduresimplemented as a result of : 1) the expansion of Medical As-sistance (MA) eligibility coverage to families and children;and 2) exclusions to income included in Policy Alert No. 07-1of the Maryland MA Eligibility Policy Manual.


posed action.





disabilities.

Opportunity for Public CommentComments may be sent to Michele Phinney, Director, Of-

fice of Regulation and Policy Coordination, Department ofHealth and Mental Hygiene, 201 W. Preston Street, Room512, Baltimore, Maryland 21201, or call 410-767-6499, oremail to [email protected], or fax to 410-333-7687.Comments will be accepted through January 19, 2010. Apublic hearing has not been scheduled.

10.09.11 Maryland Children’s Health ProgramAuthority: Health-General Article, §§2-104(b), 15-101(f), 15-103, 15-105,

and 15-301 et seq.,Annotated Code of Maryland, Ch. 202, Acts of 2003

.07 Consideration of Family Income.A. — B. (text unchanged)C. Regularity of Income. When an applicant or family

member with countable income:(1) (text unchanged)(2) Is self-employed or has irregular or seasonal earn-

ings, the amount to be considered is the [amount which isavailable or can reasonably be expected to be available as



annual income prorated for the period under consideration]expected annual income based on the prior year’s gross in-come.

D. (text unchanged)

.08 Consideration of Family Income: Earned and Un-earned Income.

A. Earned income includes the following:(1) — (3) (text unchanged)(4) Profit from self-employment income,[including in-

come from the operation of a farm] as described in Regula-tion .09A(3)(a) of this chapter;

(5) — (6) (text unchanged)B. Unearned income includes the following:

(1) — (4) (text unchanged)(5) Profit from rental income as described in Regula-

tion .09A(3)(b) of this chapter;(6) — (7) (text unchanged)

C. (text unchanged)

.09 Consideration of Family Income: Income Disre-gards.

A. [Earned] Income [Disregard] Disregards. The follow-ing disregards shall be deducted from countable gross fam-ily income:

(1) $90 monthly for each employed family memberwhether working full-time or part-time; [and]

(2) The amount of child care expenses paid to an indi-vidual who is not a legally responsible relative, not to ex-ceed:

(a) [$175] $200 monthly per child [($200 monthlyper child for children less than 2 years old)] if the parent orparents are employed at least 100 hours per month[,]; or

(b) $100 monthly per child if the parent or parentsare employed less than 100 hours per month[.]; and

(3) A disregard of one-half of the gross income amountfor the following types of income:

(a) Profit from self-employment income, unless an ap-plicant or recipient can document a cost to produce in excessof the disregard of one-half of gross income; and

(b) Profit from rental property income and otherincome-producing property.

B. — C. (text unchanged)

10.09.24 Medical Assistance EligibilityAuthority: Health-General Article, §§2-104(b), 2-105(b), 15-103, 15-105,


.04 Application.A. — B. (text unchanged)C. An individual requesting Medical Assistance shall be

given an opportunity to apply. The Department or its desig-nee shall make the application form available to the indi-vidual without delay. A resident temporarily absent fromthe State but intending to return may apply for assistance[by mail] to the Department or its designee [in the jurisdic-tion where the individual’s residence is located]. The indi-vidual shall demonstrate continued residency in the Stateand shall meet all [technical] nonfinancial and financial re-quirements in order to be determined eligible.

D. A [written and] signed application is required for allpersons for whom assistance is requested. If, after thecompletion of an eligibility determination, assistance is re-quested for additional family members, a [written and]signed application is required for those persons. The follow-ing exception to this requirement is that a child born to a

mother eligible for and receiving Medical Assistance on thedate of the child’s birth shall be considered to have appliedfor Medical Assistance and to have been found eligible forMedical Assistance on the date of his birth and to remaineligible for Medical Assistance for a period of 1 year so longas he is a member of the mother’s household and the motherremains eligible for Medical Assistance.

E. (text unchanged)F. Application Filing and Signature Requirements.

(1) An individual who wishes to apply for Medical As-sistance shall submit a [written and] signed applicationform to the Department or its designee. An applicant shallbe responsible for the application but may be assisted in thecompletion by an individual of the applicant’s choice.

(2) (text unchanged)(3) For the purpose of establishing eligibility, the appli-

cant [and, when living together, the spouse of the applicant]shall sign the application form. If [both] the applicant [andspouse are] is physically or mentally unable to sign theform, an authorized representative shall complete and signit. In the case of a child applicant younger than [21] 18years old, [the parents] a parent of the child shall sign theapplication form, except in the following situations:

(a) (text unchanged)(b) An authorized representative who is [21] 18

years old or older shall complete and sign the applicationform for an unmarried child younger than 18 years old whois not living with a parent or caretaker relative other thanthe parent.

G. The date of application shall be the date on which a[written,] signed application is received by the Departmentor its designee.

H. An individual who has filed an application may volun-tarily withdraw that application[. However]; however, theapplication form shall remain the property of the Depart-ment or its designee, and the withdrawal may not affect therequirements for establishing periods under considerationspecified in §I of this regulation or the penalty period asso-ciated with the transfer of a resource specified under Regu-lation .08J of this chapter.

I. (text unchanged)J. Processing Applications — Time Limitations.

(1) — (2) (text unchanged)(3) Information Required.

(a) — (b) (text unchanged)(c) When an applicant completes the application

form and requests coverage for:(i) (text unchanged)(ii) The retroactive period, verification of all ele-

ments of eligibility may be required for the retroactive pe-riod; or

(iii) (text unchanged)(d) (text unchanged)

(4) — (6) (text unchanged)(7) Disposition of Application Following a Decision of

Ineligibility. If an applicant is determined ineligible for thecurrent period under consideration:

(a) Due to a [technical] nonfinancial factor or excessresources, the application shall be disposed of and the appli-cation date may not be retained. If the applicant reapplies,the process and the period under consideration shall be es-tablished under §J(9) of this regulation.

(b) — (c) (text unchanged)(8) Reactivation of an Application Following a Decision

of Ineligibility for Reasons Other than [Technical] Nonfi-nancial Factors, Excess Resources, or Excess Income.



(a) A request for current eligibility following the re-jection of an application for reasons other than [technical]nonfinancial factors, excess resources, or excess incomeshall be considered a reactivation of the appropriate earlierapplication.

(b) — (c) (text unchanged)(9) Reapplication Following a Decision of Ineligibility

Due to a [Technical] Nonfinancial Factor or Excess Re-sources.

(a) When an applicant reapplies following a decisionof ineligibility due to a [technical] nonfinancial factor or ex-cess resources, a new period under consideration shall beestablished based on the date a new application is filed.Coverage may not be provided for any month in which theapplicant has not overcome the prior factor of ineligibility.

(b) The incurred medical expenses from a past periodduring which [technical] nonfinancial ineligibility or excessresources existed may be applied to excess income, if any,for the current period.

(10) (text unchanged)K. Interview.

[(1) A face-to-face interview with the applicant may berequired.]

[(2)] (1) [The Department or its designee] A face-to-face interview may [arrange for the face-to-face interview]be conducted at the request of the applicant or the Depart-ment or its designee.

[(3)] (2) If it is determined that a face-to-face interviewis [required] necessary, the interview may be conductedwith an individual other than the applicant in the followingsituations:

(a) When the Department or its designee [decides]determines that the [requirement cannot be met] applicantcannot participate in the interview because of unusual cir-cumstances such as severely incapacitating disabilities, theinterview shall be conducted with an authorized representa-tive or individual acting responsibly on behalf of the appli-cant; or

(b) (text unchanged)L. An applicant or recipient may be assisted by an indi-

vidual or individuals of the applicant’s or recipient’s choicein the application process and may be accompanied by thisindividual or individuals [in contacts] when in contact withthe Department or its designee.

M. Establishing Applicable Regulations.(1) — (2) (text unchanged)(3) Category Selection.

(a) A person may select any federal category forwhich [technical] nonfinancial eligibility may be estab-lished.

(b) — (d) (text unchanged)N. — O. (text unchanged)P. Social Security Number.

[(1) As a condition of eligibility, applicants and recipi-ents shall furnish to the Department or its designee a SocialSecurity card or cards, if more than one number has beenissued, for each member of an assistance unit and any indi-vidual whose income and resources are considered in deter-mining the financial eligibility of an assistance unit. If theapplicant or recipient cannot furnish a Social Security cardfor each of these individuals, the applicant or recipient shallapply for a card. Assistance may not be denied, delayed, ordiscontinued pending the issuance or verification of thenumber if the applicant or recipient complies with theabove.]

[(2)] (1) Eligibility may not be established until the ap-plicant or recipient furnishes or applies for a Social Security[card] number for each member of an assistance unit, andany person whose income and resources are considered indetermining the financial eligibility of an assistance unit[,or requests the assignment of the numbers through the So-cial Security Administration. A person may not be added toan assistance unit until a Social Security card has been ap-plied for].

[(3) The Department or its designee shall obtain evi-dence from an applicant or recipient according to regula-tions contained in the Enumeration Manual issued by theSocial Security Administration to establish the age, citizen-ship or alien status, and true identity of each individualwho applies for a Social Security number.

(4) Failure to provide required verification documentswill result in ineligibility for the person whose Social Secu-rity number has not been applied for.]

(2) Assistance may not be denied, delayed, or discontin-ued pending the issuance or verification of the number if theapplicant or recipient complies with §P(1) of this regulation.

(3) An individual may not be added to an assistanceunit until an application is completed for a Social Securitynumber.

[(5)] (4) (text unchanged)[(6) If the application indicates that a Social Security

card was issued previously, the Department or its designeeshall request validation of the number by the Social Secu-rity Administration.]

Q. — W. (text unchanged)

.07 Consideration of Income.A. (text unchanged)B. Definitions.

(1) (text unchanged)(2) ‘‘Excludable income’’ means [incomes] income which

is exempt from consideration as countable income.[(3) ‘‘Federal Insurance Contribution Act’’ (FICA)

means the amount withheld from wages by an employer orpaid directly to the Internal Revenue Service by a self-employed person as a contribution to Social Security.]

[(4)] (3) (text unchanged)[(5) ‘‘Nonpersonal business expenses’’ means the total

cost of the production of the income excepting those ex-penses specified below:

(a) Payments for federal, State, and local incometaxes;

(b) Federal Insurance Contribution Act (FICA).(c) Cost of Transportation to and from Work.(d) The cost of child care expense.]

C. — E. (text unchanged)F. Current Eligibility. In considering income for current

eligibility, the following rules apply:(1) (text unchanged)(2) When a person works for less than 12 months but

receives an annual salary, is self-employed, or has irregularor seasonal earning, the amount to be considered is one-halfthe [amount which is available or can reasonably be ex-pected to be available as annual income] expected annualincome based on the prior year’s gross income;

(3) (text unchanged)G. (text unchanged)H. Earned income includes the following:

(1) — (4) (text unchanged)(5) Profit from self-employment income, as described in

§§L(3)(a) and M(2)(c)(i) of this regulation. [Profit is deter-



mined by deducting nonpersonal business expenses fromgross receipts.]

(6) — (9) (text unchanged)I. Unearned income includes the following:

(1) — (7) (text unchanged)(8) Lump sum benefits or other amounts of income re-

ceived on a [a] one-time-only basis including gifts, inherit-ances, retroactive benefit payments, lottery winnings, dam-age claims unless specifically excluded by other regulations,or any other lump sums or portions of them that are notexcluded under §J or [§K] K of this regulation.

(9) Profit from Rental Income as described in §§L(3)(b)and M(2)(c)(ii) of this regulation.

[(a) Profit is the amount remaining after deductingthe documented expenses of producing the income when thesource of income is rental of a home or apartment not asso-ciated with the person’s home, or other real property suchas ground rents, lands, and garages.

(b) When the source of payment is from rental of realproperty in which the person lives, or the home from whicha person is temporarily absent due to institutionalization,profit is determined as follows:

(i) The Home. Profit is determined by deductingfrom rental income the documented cost of utilities associ-ated with renting the property.

(ii) Apartment. Profit is determined by deductingfrom rental income the documented cost of utilities associ-ated with renting. Consolidated utilities will be apportionedamong the number of independent units.

(iii) Room, Board, or Room and Board. Profit is 75percent of total payment, unless otherwise documented.]

(10) (text unchanged)(11) Grants, loans, scholarships, and fellowships for

educational purposes, except as specified in [§J(1)(c) and(h)] §J(3) and (9) of this regulation.

(12) — (13) (text unchanged)J. Excludable Income — Aged, Blind, or Disabled.

[(1)] Income from the following sources shall be ex-cluded in determining countable gross income:

[(a)] (1) (text unchanged)[(b)] (2) Payment received under the Uniform Relo-

cation Assistance and Real Property Acquisition Policies Actof 1970, 42 U.S.C. §4601 et seq., excluding [Compensation]compensation received for the fair market value of the ac-quired real property [is not subject to this regulation].

[(c)] (3) (text unchanged)(4) Work-study earnings, work-study stipends, and re-

imbursement for out-of-pocket expenses of a student.[(d)] (5) (text unchanged)[(e)] (6) Stipends, compensation, or expenses re-

ceived by volunteers from a program existing or to be set upunder the ‘‘Domestic Volunteer Service Act of 1973’’ spon-sored by ACTION, such as but not limited to:

[(i)] (a) — [(viii)] (h) (text unchanged)[(f)] (7) — [(g)] (8) (text unchanged)[(h)] (9) Educational Expenses.

[(i)] (a) (text unchanged)[(ii)] (b) These expenses may be allowed to the ex-

tent that there are insufficient funds from those grants andloans specified under [§J(1)(c)] §J(3) of this regulation tocover these expenses.

[(i)] (10) (text unchanged)[(j)] (11) Payments received from providing foster

care or subsidized adoption services to a child placed in thehome by a public or private nonprofit child placement orchild care agency.

[(k)] (12) (text unchanged)[(l)] (13) The value of rent subsidies or other assis-

tance received by a person for his dwelling unit under:[(i)] (a) — [(iv)] (d) (text unchanged)

[(m)] (14) Infrequent or Irregular Earned Income.Infrequent or irregular earned income shall be excluded if:

[(i)] (a) — [(ii)] (b) (text unchanged)[(n)] (15) Infrequent or Irregular Unearned Income.

Infrequent or irregular unearned income shall be excludedif:

[(i)] (a) The total amount does not exceed [$60]$200 per [quarter] 6 months; and

[(ii)] (b) (text unchanged)(16) The value of earned and unearned in-kind income.(17) Third-party payments for food, clothing, shelter, or

other goods and services made on behalf of an assistanceunit or other persons whose income and resources are consid-ered in determining eligibility, if the payment is not reim-bursement for services rendered by a member of the assis-tance unit or other persons whose income and resources areconsidered.

(18) The Earned Income Tax Credit (EITC) a person re-ceives through the Tax Reduction Act of 1973.

[(o)] (19) — [(p)] (20) (text unchanged)[(2)] (21) (text unchanged)[(3)] (22) Assistance, including any interest earned on

the assistance, received under the Disaster Relief Act of1974 (PL 93-288) or other assistance provided under a fed-eral statute because of a catastrophe which is declared to bea major disaster by the President of the United States is notincome but an excluded resource [in accordance with theprovisions of Regulation .08G(8) of this chapter].

[(4)] (23) Support and Maintenance (In-Kind Income)Provided as Replacement for an Excluded Home Because ofa Casualty Loss or a Presidentially Declared Major Disas-ter.

(a) When an excluded home is damaged or destroyedand temporary housing is furnished to a person who ownedan excluded home, the in-kind support and maintenance isnot counted as income. This temporary housing is intendedto replace the home pending repair or replacement of theexcluded home [pursuant to Regulation .08G(7) of thischapter].

(b) When an excluded home is damaged or destroyedas a result of a presidentially declared major disaster, thevalue of support and maintenance (in cash or in-kind) re-ceived by a person, or [person and spouse] couple, is ex-cluded [for the time periods specified in Regulation .08G(8)of this chapter], if:

(i) The person, or [person and spouse] couple, wasresiding in the household as a home when a catastrophe oc-curred in the area in which the home was located;

(ii) (text unchanged)(iii) The person, or [person and spouse] couple,

stopped living in the home because of the catastrophe and,within 30 days after the catastrophe, began to receive thesupport and maintenance; and

(iv) The person, or [person and spouse] couple, re-ceived the support and maintenance while living in a resi-dential facility, including a private home, maintained by an-other person.

[(5)] (24) — [(6)] (25) (text unchanged)(26) Interest income accrued to a:

(a) Bank account during the period under consider-ation, such as a checking, savings, or money market account;



(b) Dedicated bank or other financial institution ac-count that is considered an excludable resource because it isunavailable, such as an escrow account for a security de-posit; or

(c) Keogh account, individual retirement account(IRA), or other private retirement account that is countableas a resource.

(27) Interest payments received for a mortgage, promis-sory note, or other loan.

(28) Refund of taxes on income, property, food, or otheritems already paid.

(29) Proceeds of a loan received by an individual as theborrower.

(30) Payments received from a trust, if the trust iscountable as a resource.

(31) Income from the sale of an assistance unit mem-ber’s blood or plasma.

(32) Cash donations based on need received from one ormore charitable organizations.

(33) All income excluded by federal statute for medicalassistance programs.

K. Excludable Income — Families and Children. Incomefrom the following sources shall be excluded in determiningcountable gross income:

(1) (text unchanged)(2) Payment received under the Uniform Relocation

Assistance and Real Property Acquisition Policies Act of1970, 42 U.S.C. §4601 et seq., excluding compensation re-ceived for the fair market value of the acquired real property.

(3) (text unchanged)(4) Work-study earnings [and], work-study stipends [of

a child], and reimbursement for out-of-pocket expenses of astudent.

(5) — (7) (text unchanged)(8) The value of livestock and home produce used for

own consumption.(9) (text unchanged)(10) Payments received from providing foster care or

subsidized adoption services to a child placed in the home bya public or private nonprofit child placement or child careagency.

(11) — (12) (text unchanged)(13) Earnings of a person younger than 21 years old.

This includes the following:(a) The earned income of each person younger than 18

years old;[(a)] (b) — [(b)] (c) (text unchanged)

(14) The value of earned and unearned in-kind income.(15) Infrequent or irregular earned income if:

(a) The total gross amount does not exceed $30 perquarter; and

(b) It is received less frequently than twice per quarteror cannot be reasonably anticipated.

(16) Infrequent or irregular unearned income if:(a) The total amount does not exceed $200 per 6

months; and(b) It is received less frequently than twice per quarter

or cannot be reasonably anticipated.[(15)] (17) (text unchanged)(18) The Earned Income Tax Credit (EITC) a person re-

ceives through the Tax Reduction Act of 1973.(19) Assistance, including any interest earned on the as-

sistance, received under the Disaster Relief Act of 1974 (PL93-288) or other assistance provided under a federal statutebecause of a catastrophe which is declared to be a major di-saster by the President of the United States.

(20) Support and maintenance (in-kind income) pro-vided as replacement for an excluded home because of a ca-sualty loss or a presidentially declared major disaster, suchas:

(a) If an excluded home is damaged or destroyed, andtemporary housing is furnished to a person who owned anexcluded home, the temporary housing is in-kind supportand maintenance intended to replace the home pending re-pair or replacement of the excluded home;

(b) If an excluded home is damaged or destroyed as aresult of a Presidentially declared major disaster, the valueof support and maintenance (in cash or in-kind) received bya person, or couple if:

(i) The person, or couple, was residing in the house-hold as a home when a catastrophe occurred in the area inwhich the home was located;

(ii) The catastrophe was declared by the Presidentto be a major disaster for purposes of the Disaster Relief Actof 1974;

(iii) The person, or couple, stopped living in thehome because of the catastrophe and, within 30 days afterthe catastrophe, began to receive the support and mainte-nance; and

(iv) The person, or couple, received the support andmaintenance while living in a residential facility, includinga private home, maintained by another person.

(21) Income from the sale of an assistance unit mem-ber’s blood or plasma.

(22) Cash, including interest earned on the cash, or in-kind replacement received from any source for purposes ofrepairing or replacing an excluded resource that is lost,damaged, or stolen.

(23) Reparation payments made by the Federal Repub-lic of Germany.

(24) Cash donations based on need from one or morecharitable organizations.

(25) Interest income accrued to a:(a) Bank account during the period under consider-

ation, such as a checking, savings, or money market account;(b) Dedicated bank or other financial institution ac-

count that is considered an excludable resource because it isunavailable, such as an escrow account for a security de-posit; or

(c) Keogh account, individual retirement account(IRA), or other private retirement account that is countableas a resource.

(26) Refund of taxes on income, property, food, or otheritems already paid.

(27) Proceeds of a loan received by an individual as theborrower.

(28) Payments received from a trust, if the trust iscountable as a resource.

(29) Interest payments received for a mortgage, promis-sory note, or other loan.

(30) All income excluded by federal statute for medicalassistance programs.

L. Disregards — Aged, Blind, or Disabled. In order to de-termine countable net income, the following disregardsshall be deducted from the countable gross income of anaged, blind, or disabled assistance unit:

(1) — (2) (text unchanged)(3) A disregard of one-half of the gross income amount

for the following types of income:(a) Profit from self-employment income, unless an ap-

plicant or recipient can document a cost to produce in excessof the disregard of one-half of gross income; and



(b) Profit from rental property income and otherincome-producing property.

[(3)] (4) — [(4)] (5) (text unchanged)M. Disregards — Families and Children.

(1) (text unchanged)(2) [Earned] Income [Disregard] Disregards. The fol-

lowing disregards shall be deducted, in the following order,from the countable gross [earned] income of a families andchildren unit:

(a) — (b) (text unchanged)(c) A disregard of one-half of the gross income amount

for the following types of income:(i) Profit from self-employment income, unless an

applicant or recipient can document a cost to produce in ex-cess of the disregard of one-half of gross income; and

(ii) Profit from rental property income and otherincome-producing property.

[(c)] (d) (text unchanged)[(d)] (e) The [documented] actual amount of child

care expenses not to exceed [$175] $200 monthly per child[(or, in the case of a child less than 2 years old, not to exceed$200 monthly)] if employed at least 100 hours per month($100 monthly per child if employed less than 100 hours permonth) paid to a person who is not a:

(i) — (ii) (text unchanged)(3) (text unchanged)(4) Disregard of Child Support and Alimony Paid to De-

pendents Not Living with the Family [by a Stepparent].The actual amount of child support and alimony paid [by

a person who is stepparent to a member of the assistanceunit and lives with the unit] to dependents not living withthe assistance unit shall be deducted from the [stepparent’stotal income if all of the following conditions are met:

(a) The stepparent is not receiving or applying forMedical Assistance or Medical Assistance, State-Only;

(b) The stepparent’s income and resources are con-sidered available to a member of the assistance unit underRegulation .06C(6)(a)(ii) of this chapter; and

(c) The support or alimony is paid to dependents whoare not living in the home] assistance unit’s countable netincome.

N. (text unchanged)

10.09.60 Primary Adult Care Program Eligibil-ity

Authority: Health-General Article, §§2-104(b), 15-102.1, 15-103.1, 15-124,15-124.1, and 15-140,


.12 Consideration of Income.A. — D. (text unchanged)E. Income Eligibility Determination.

(1) — (5) (text unchanged)(6) When an assistance unit member:

(a) (text unchanged)(b) Works less than 12 months in a year but receives

an annual salary, is self-employed, or has irregular or sea-sonal earnings, the amount to be considered for the periodunder consideration shall be [1�2] one-half of the [amountwhich is received or reasonably expected to be received asannual income] expected annual income based on the prioryear’s gross income; or

(c) (text unchanged)(7) — (9) (text unchanged)

F. Disregards. To determine the assistance unit’smonthly countable net income, the following disregards

shall be deducted in the following order from the assistanceunit’s monthly countable gross income:

(1) Disregard of [1�2] one-half of gross income amountfor the following types of [earned] income[, without sub-tracting any expenses or the cost of goods sold]:

(a) Self-employment income, unless an applicant orrecipient can document a cost to produce in excess of the dis-regard of one-half of gross income; and

(b) (text unchanged)(2) — (3) (text unchanged)


Subtitle 09 MEDICAL CARE PROGRAMS10.09.20 Personal Care Services

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


The Secretary of Health and Mental Hygiene proposes toamend Regulations .02, .03, and .07 under COMAR10.09.20 Personal Care Services.

Statement of PurposeThe purpose of this action is to specify that the per diem

annual rate adjustments shall be subject to the limitationsof the State budget; clarify the licensing and/or certificationrequirements for Assisted Living Facilities, Residential Ser-vice Agencies, and individual providers; and add languagewhich allows the Department or its designee to request phy-sician approval of providers’ health status beyond the initialapplication period.


posed action.

Estimate of Economic ImpactI. Summary of Economic Impact. Under the provisions of the

proposed amendment, per diem rates of reimbursement for per-sonal care services will remain unchanged for Fiscal Year 2010.



A. On issuing agency: (E�) $96,765B. On other State agencies: NONEC. On local governments: NONE


D. On regulated industries ortrade groups: (�) $96,765




A. Under the provisions of the proposed amendments providerrates will remain unchanged based upon the Program’s budget in-stead of increasing by 0.4 percent based on the Consumer Price In-dex. Provider reimbursement is therefore projected to be$24,191,125 instead of $24,287,890 for Fiscal Year 2010, resulting



in a decrease in Program expenditures of $96,765. Approximately62 percent of this amount is federal funds.

D. Providers will not receive the increase of $96,765 in the ratesof reimbursement in Fiscal Year 2010, as described in A above.



Impact on Individuals with DisabilitiesThe proposed action has an impact on individuals with

disabilities as follows: The proposed action will affect ratesto providers of services to individuals with disabilities.Rates will not be increased under the proposed provisions,but no impact on access or availability of services is antici-pated.


fice of Regulation and Policy Coordination, Department ofHealth and Mental Hygiene, 201 West Preston Street, Room512, Baltimore, MD 21201, or call 410-767-6499, or email [email protected], or fax to 410-333-7687. Commentswill be accepted through January 19, 2010. A public hearinghas not been scheduled.

.02 Licensing Requirements.A. (text unchanged)B. There are no licensing or certification requirements

for individual personal care providers who render personalcare services in a recipient’s home.

C. A personal care provider who renders personal careservices in his or her home shall be licensed under COMAR10.07.14.

D. A provider agency that provides personal care servicesfor recipients shall be licensed under COMAR 10.07.05.

.03 Conditions for Participation.A. To participate in the Program, the personal care pro-

vider shall:(1) — (8) (text unchanged)

(9) Be [certified] approved by a physician within 6months of application, or when requested by the Departmentor case monitoring agency, as physically and mentally ableto perform required duties;

(10) — (12) (text unchanged)B. — D. (text unchanged)

.07 Payment Procedures.A. — C. (text unchanged)D. Personal Care Services Per Diem Rate Adjustments.

(1) Effective for services provided on or after July 1,[2009,] 2010, subject to the limitations of the State budget,the personal care services per diem rates for the precedingfiscal year shall be adjusted annually by the percentage ofthe annual increase in the March Consumer Price Index forAll Urban Consumers, all items component, Washington-Baltimore, from U.S. Department of Labor, Bureau of LaborStatistics.

(2) (text unchanged)E. (text unchanged)


Subtitle 09 MEDICAL CARE PROGRAMS10.09.23 Early and Periodic Screening, Diag-

nosis, and Treatment (EPSDT) ServicesAuthority: Health-General Article, §§2-104(b), 15-103, and 15-105,



The Secretary of Health and Mental Hygiene proposes:(1) The repeal in their entirety of existing Regulations

.01 — .13, and new Regulations .01 — .12 under COMAR10.09.23 Early and Periodic Screening, Diagnosis, andTreatment (EPSDT) Services; and

(2) The repeal in their entirety of existing Regulations.01 — .11 under COMAR 10.09.37 Expanded Earlyand Periodic Screening, Diagnosis and Treatment(EPSDT) Referred Services.

Statement of PurposeThe purpose of this action is to repeal two chapters of

regulations, COMAR 10.09.23 Early and Periodic Screen-ing, Diagnosis, and Treatment (EPSDT) Screening Servicesand COMAR 10.09.37 Expanded Early and Periodic Screen-ing, Diagnosis, and Treatment (EPSDT) Referred Services,and promulgate a new unified chapter under COMAR10.09.23. The purpose of the consolidation is to bring thescreening, diagnosis and treatment requirements togetherin one chapter so that readers can more easily understandall the benefits and requirements of the EPSDT program.Additionally, environmental lead investigations will beadded as a service, which is consistent with a State PlanAmendment submitted to the Centers for Medicare & Med-icaid Services (CMS).


posed action.

Estimate of Economic ImpactI. Summary of Economic Impact. Maryland Medicaid will

pay $66,658 for lead inspections for children with elevated lead lev-els.



A. On issuing agency: (E+) $66,658B. On other State agencies: NONEC. On local governments: NONE


D. On regulated industries ortrade groups: (+) $66,658




A. and D. Environmental lead investigations will be added as aservice under this chapter. The per-inspection rate will be $333.29,with an estimated 400 inspections per fiscal year and this requestrepresents a 6-month period. There will be no other fiscal impactfor this chapter as the services are already covered by the Medicaidprogram.






disabilities.



.01 Definitions.A. In this chapter, the following terms have the meanings

indicated.B. Terms Defined.

(1) ‘‘American Academy of Pediatric Dentists’’ meansthe membership organization representing the specialty ofpediatric dentistry.

(2) ‘‘Department’’ means the Department of Health andMental Hygiene, the single State agency designated to ad-minister the Maryland Medical Assistance Program or itsdesignee.

(3) ‘‘Early and Periodic Screening, Diagnosis, andTreatment (EPSDT)’’ means comprehensive and preventivehealth care pursuant to 42 CFR §441.50 et seq., as amended,and other diagnostic and treatment services that are neces-sary to correct or ameliorate defects and physical and mentalillnesses in children younger than 21 years old.

(4) ‘‘EPSDT periodicity schedule’’ means the State-specified listing of the minimum required and recommendedpreventive health screening services that are to be performedat specified ages.

(5) ‘‘EPSDT screen’’ means the full scope of comprehen-sive well-child screening procedures, required by the Stateperiodicity schedule that a recipient receives at a given age.

(6) ‘‘EPSDT screening provider’’ means a physician ornurse practitioner certified by the Department to provideEPSDT screens.

(7) ‘‘EPSDT treatment provider’’ means a health careprovider that is enrolled to provide services that are not oth-erwise covered for individuals 21 years old or older.

(8) ‘‘EPSDT treatment services’’ means health care ser-vices that are covered for children younger than 21 years oldthat are not otherwise covered for individuals 21 years old orolder.

(9) ‘‘Environmental lead investigation’’ means an in-spection of the primary dwelling of a recipient that results ina report characterizing the hazards associated with identi-fied lead-containing substances.

(10) Foster Care Child.(a) ‘‘Foster care child’’ means a recipient who is in the

care and custody of the Department of Human Resources.(b) ‘‘Foster care child’’ includes children who receive

kinship care.(11) ‘‘Health care practitioner’’ means an individual

who is licensed, certified, or otherwise authorized underHealth Occupations Article, Annotated Code of Maryland, orunder the laws of the District of Columbia or another state,to provide health care services.

(12) ‘‘Health care service’’ has the meaning stated inHealth-General Article, §19-132, Annotated Code of Mary-land.

(13) ‘‘Healthy Kids Program’’ means the unit within theMaryland Medical Assistance Program that develops guide-lines for and monitors EPSDT well-child screening servicesand certifies EPSDT screening providers.

(14) ‘‘Intermediate care facility’’ means a facility thatprovides a planned regimen of 24-hour professionally di-rected evaluation, observation, medical monitoring, and ad-diction treatment in an inpatient setting.

(15) ‘‘Jurisdiction’’ means a state or the District of Co-lumbia.

(16) ‘‘Managed Care Organization (MCO)’’ has themeaning stated in Health-General Article, §15-101, Anno-tated Code of Maryland.

(17) ‘‘Medical Assistance Program’’ has the meaningstated in COMAR 10.09.36.01.

(18) ‘‘Medically necessary’’ means that the service orbenefit is:

(a) Directly related to diagnostic, preventive, curative,palliative, rehabilitative, or ameliorative treatment of an ill-ness, injury, disability, or health condition;

(b) Consistent with current accepted standards ofgood medical practice;

(c) The most cost-efficient service that can be providedwithout sacrificing effectiveness or access to care; and

(d) Not primarily for the convenience of the consumer,family, or provider.

(19) ‘‘Plan of treatment’’ means a written plan, updatedat a minimum of every 6 months for ongoing care, to addressidentified problems to include:

(a) Diagnoses;(b) Treatment goals;(c) Frequency of visits;(d) Duration of treatment; and(e) Prognosis.

(20) ‘‘Preauthorization’’ means the approval requiredfrom the Department or its designee before services can berendered.

(21) ‘‘Preventive services’’ means primary health caredesigned to:

(a) Promote normal growth and development; and(b) Detect, ameliorate, or delay diseases at an early

stage before complications or serious disabilities develop.(22) ‘‘Program’’ means the Maryland Medical Assis-

tance Program.(23) ‘‘Recipient’’ means a person younger than 21 years

old who is determined eligible for, and is receiving, MedicalAssistance benefits as provided in COMAR 10.09.24 or10.09.11.

(24) ‘‘Screening services’’ means the EPSDT preventivehealth care and laboratory procedures required at specifiedages by the State periodicity schedule.

(25) ‘‘Third-party payers’’ means insurers and other en-tities obligated either legally or contractually to pay for or toreimburse the recipient for service covered in this chapter.

(26) ‘‘Vaccines for Children Program’’ means the federalprogram that provides specific childhood vaccines to healthcare providers, at no cost, for administration to recipientsyounger than 19 years old.

.02 Provider Qualifications.A. EPSDT screening and treatment providers shall meet

all of the licensure and certification requirements specifiedin this or any other applicable chapter of COMAR, statute,or policy for the service that the provider renders.



B. In order for the Program to consider a health care prac-titioner for certification by the Healthy Kids Program as anEPSDT screening provider, the practitioner shall have ademonstrated history of providing services to childrenyounger than 21 years old and shall also:

(1) Be a doctor of medicine or osteopathy who is:(a) Licensed in good standing and legally authorized

to practice medicine and surgery in the jurisdiction in whichthe service is provided; and

(b) Board-certified in one of the following:(i) Pediatrics;(ii) Family practice; or(iii) Internal medicine; or

(2) Be a pediatric or family nurse practitioner who islicensed in good standing and certified to practice in the ju-risdiction in which services are provided.

C. A freestanding clinic as defined in COMAR 10.09.08shall be considered for certification by the Healthy Kids Pro-gram as an EPSDT screening provider if the clinic employsor contracts with one or more of the licensed health carepractitioners listed in §B of this regulation.

D. Any health care practitioner whose professional ser-vices are recognized in §1905(a) of the Social Security Actmay apply to the Program to be an EPSDT treatment pro-vider.

E. EPSDT treatment providers that are covered by theProgram include:

(1) The following provider types that are licensed ingood standing to practice in the jurisdiction in which ser-vices are provided:

(a) Chiropractors;(b) Nurse psychotherapists;(c) Nutritionists or dietitians;(d) Occupational therapists;(e) Professional counselors;(f) Psychologists;(g) Social workers;(h) Speech therapists; or(i) An intermediate care facility that provides medi-

cally monitored intensive inpatient treatment, as specified inCOMAR 10.47.02.09;

(2) Alcohol and drug abuse outpatient programs thatare licensed or certified by the Office of Health Care Qualityto provide services in the jurisdiction in which services areprovided;

(3) Lead paint risk assessors who are accredited by theMaryland Department of the Environment in accordancewith COMAR 26.16.01.16 with enforcement authority to en-sure that lead risks are abated;

(4) Audiologists and hearing aid providers, as specifiedin COMAR 10.09.51.02;

(5) Dentists as specified in COMAR 10.09.05.02;(6) Private duty nurses, as specified in COMAR

10.09.53.02;(7) Residential rehabilitation service providers, as

specified in COMAR 10.09.28.02;(8) Residential treatment centers, as specified in

COMAR 10.09.29.02;(9) Therapeutic behavioral service providers, as speci-

fied in COMAR 10.09.34.02; and(10) Vision care and optical providers, as specified in

COMAR 10.09.14.02.

.03 Conditions for Participation.A. In order to receive payments as a Medicaid provider,

providers shall meet the following general requirements:

(1) All conditions for participation set forth in COMAR10.09.36;

(2) The licensure and provider qualification require-ments in Regulation .02 of this chapter; and

(3) Verify the licenses and credentials of all profession-als employed or contracted by the provider, and keep on filedocumentation of how that verification was completed.

B. To be certified to participate in the Healthy Kids Pro-gram as an EPSDT screening provider, a provider shallagree to:

(1) Provide EPSDT comprehensive well-child servicesas outlined in the EPSDT periodicity schedule and in amanner prescribed by the Department;

(2) Provide or arrange for referral, diagnosis, treat-ment, and follow-up when the screening indicates a need foradditional services;

(3) Inform the parent or guardian of the next preventivehealth care visit, and assist with scheduling;

(4) Cooperate with Departmental efforts to assure thatchildren receive needed follow-up and treatment services;

(5) Conform to the equipment, facilities, and proceduralstandards set by the Department;

(6) Maintain a patient record system that is sufficientlydetailed and current to allow another physician who is unfa-miliar with the patient to properly continue treatment in theabsence of the initial provider;

(7) Participate in the Vaccines for Children Program;(8) Permit periodic on-site quality assurance visits by

the Department or its designee following a protocol estab-lished by the Department to:

(a) Assure that the equipment necessary to performrequired procedures is available;

(b) Review the charts of recipients to assure deliveryof EPSDT screens;

(c) Determine that required procedures are being per-formed correctly and that appropriate follow-up is provided;and

(d) Assess the need for any follow-up provider train-ing, staff training, technical assistance, or in-service train-ing; and

(9) Maintain a minimum score of 70 percent on allHealthy Kids Program quality assurance reviews.

C. An MCO that has contracted with the Departmentshall ensure its enrollees have access to EPSDT comprehen-sive well-child services in accordance with COMAR10.09.66.05A(3).

.04 Covered Services.A. The Program covers all medically necessary care, in-

cluding all health care services to identify and correct physi-cal and mental problems that are covered in the State Plan,or that are allowable under the federal Medicaid program asdescribed in §1905(a) of the Social Security Act.

B. For a foster care child, the Program also covers uponentry to or moving within the foster care system:

(1) A brief initial check-up; and(2) A comprehensive EPSDT screen as described in §C

of this regulation.C. The Program covers EPSDT comprehensive well-child

services in accordance with the EPSDT periodicity schedule,which includes the following:

(1) EPSDT screening services which comprise the fol-lowing:

(a) A comprehensive health and developmental his-tory, including assessment of both physical and mentalhealth and development;

(b) Age-appropriate immunizations;



(c) Age and risk appropriate laboratory tests, includ-ing blood lead levels that are required at specific ages re-gardless of risk;

(d) Comprehensive unclothed physical examination;and

(e) Health education and anticipatory guidance;(2) Vision services that comprise:

(a) Vision screening delivered by the EPSDT screen-ing provider according to the EPSDT periodicity schedule;

(b) Vision screening and vision services delivered byoptometrists and opticians, including eyeglasses, as de-scribed in COMAR 10.09.14.04;

(3) Hearing services that comprise:(a) Hearing screening delivered by the EPSDT screen-

ing provider according to the EPSDT periodicity schedule;and

(b) Hearing screening and hearing aid services, as de-scribed in 10.09.51.04; and

(4) Dental services, including:(a) Oral health assessment by the EPSDT screening

provider and referral to a dentist; and(b) Dental services, as specified in COMAR

10.09.05.04.D. Additional Medically Necessary Plan of Treatment

Services.(1) The Program also covers the EPSDT treatment ser-

vices listed in §D(2) of this regulation when the services are:(a) Necessary to identify, correct, or ameliorate defects

and physical and mental illnesses and conditions;(b) Rendered in accordance with accepted profes-

sional standards; and(c) Delivered in accordance with a plan of treatment.

(2) EPSDT services covered under this §D include:(a) Alcohol and drug abuse outpatient counseling ser-

vices;(b) Chiropractic services;(c) Mental health services or behavioral health ser-

vices, or both, when the diagnosis of a recipient is not in-cluded under the specialty mental health system, as de-scribed in COMAR 10.09.70.10A;

(d) Nutritional counseling services;(e) Occupational therapy services;(f) Speech therapy services;(g) Medically monitored intensive inpatient treatment

services provided in an intermediate care facility, as speci-fied in COMAR 10.47.02.09;

(h) Environmental lead investigations, as specified inCOMAR 26.16.02.04 and .05 when there is a confirmed el-evated blood lead level of 10 micrograms or greater per deci-liter;

(i) Private duty nursing services, as specified inCOMAR 10.09.53.04;

(j) Residential rehabilitation services for children incertain out-of-home placements, as specified in COMAR10.09.28.05;

(k) Residential treatment services, as specified inCOMAR 10.09.29.04; and

(l) Therapeutic behavioral services, as specified inCOMAR 10.09.34.03.

.05 Limitations.A. Any Program limits on services or treatments identified

in this regulation are not applicable for individuals youngerthan 21 years old if it is shown that the treatments or ser-vices are medically necessary to correct or ameliorate identi-fied or suspected health problems.

B. The dental covered services specified in COMAR10.09.05.04, which follow the periodicity schedule issued bythe American Academy of Pediatric Dentists, are limited toone dental examination per recipient per 6-month period.

C. Vision services specified in COMAR 10.09.14.04, in-cluding eye examinations and eyeglasses or contact lenses,are limited to not more than once a year.

D. Environmental lead investigations:(1) Are limited to the child’s primary dwelling;(2) Are limited to one on-site inspection per dwelling;

and(3) Do not include testing of the water or soil.

E. Providers covered by this chapter may not bill the Pro-gram for:

(1) Services that are:(a) Provided while the recipient is in an institution

for mental disease, a hospital, or a residential treatment cen-ter, as bundled payment for institutional stays includesEPSDT services;

(b) Custodial or assist with activities of daily living;(c) Not medically necessary;(d) Beyond the provider’s scope of practice;(e) Provided at no charge to the general public;(f) Rendered but not appropriately documented;(g) Part of another service paid for by the State; or(h) Rendered by mail, telephone, or otherwise not one-

to-one, in person;(2) Respite services;(3) Completion of forms or reports;(4) Broken or missed appointments;(5) Supplies, equipment, or items that are not medical

in nature; or(6) Services that are primarily cosmetic in nature.

.06 Preauthorization.Preauthorization is required for:A. Certain audiology and hearing aid services, as speci-

fied in COMAR 10.09.51.06;B. Certain dental services, as specified in COMAR

10.09.05.06;C. Certain vision services, as specified in COMAR

10.09.14.06;D. Private duty nursing services, as specified in COMAR

10.09.53.06;E. Residential treatment services, as specified in COMAR

10.09.29.06; andF. Therapeutic behavioral services, as specified in CO-

MAR 10.09.34.05.

.07 Payment Procedures.A. Request for payment of services shall be submitted in

accordance with COMAR 10.09.36.04.B. Billing time limitations for claims submitted pursuant

to this chapter as set forth in COMAR 10.09.36.06.C. Rates for services provided by chiropractors, speech

therapists, occupational therapists, professional counselors,psychologists, social workers, and nurse psychotherapistscovered under this chapter are included in the Program Phy-sicians’ Provider Fee Manual, Revision July 2009, which iscontained in the Medical Assistance Provider Fee Manual,dated October 1986, all the provisions of which, unless spe-cifically excepted, are incorporated by reference in COMAR10.09.02.07.

D. Reimbursement of Medically Monitored Intensive In-patient Treatment Services Provided in an IntermediateCare Facility.



(1) The Department may not directly reimburse anyState-operated intermediate care facility for recipients. TheDepartment shall claim federal fund recoveries from the De-partment of Health and Human Services for services to fed-erally eligible Title XIX patients in these intermediate carefacilities.

(2) The Department shall pay the intermediate care fa-cility the lower of the provider’s usual and customary chargeor the provider’s per diem costs for covered services accord-ing to the principles established under Title XVIII of the So-cial Security Act, up to a maximum of $270 per day. The av-erage increase in the Department’s reimbursement to theprovider per inpatient day for each fiscal year over the cost-settled rate for the previous fiscal year may not exceed therate of increase of the Hospital Wage and Price Index plus 1percentage point, described in 42 CFR §413.40, as amended.The target rate percentage increase for each calendar yearshall equal the prospectively estimated increase in the Hospi-tal Wage and Price Index (market basket index) for each cal-endar year, plus 1 percentage point. Since the cost reportingperiod spans portions of 2 calendar years, the Program shallcalculate an appropriate prorated percentage rate based onthe published calendar year percentage rates.

(3) Submitting Cost Reports.(a) Facilities reimbursed according to Medicare stan-

dards and principles for retrospective cost reimbursement asdescribed in 42 CFR §413.40, as amended, shall submit tothe Department or its designee, in the form prescribed, finan-cial and statistical data within 3 months after the end of theprovider’s fiscal year unless the Department grants the pro-vider an extension or the provider discontinues participationin the Program. If reports are not received within 3 monthsand the Department has not granted an extension, the De-partment shall withhold from the provider a maximum of 10percent of the current interim payment for the calendarmonth in which the report is due and any subsequent calen-dar month until the report has been submitted. There maynot be a refund or adjustment for withholding in cost settle-ment.

(b) If a provider discontinues participation, financialand statistical data shall be submitted to the Departmentwithin 45 days after the effective date of termination.

(c) The Department may grant an extension if:(i) The provider makes a written request setting

forth the specific reasons for the request; and(ii) The Department determines, taking into consid-

eration the totality of the circumstances, that the request isreasonable.

(d) If a report is not submitted by the last day of the6th month after the end of the provider’s fiscal year, and theprovider has not received an extension, the Department, inaddition to withholding percentages of payment pursuant to§D(3)(a) of this regulation, may impose one or more sanc-tions as provided for in Regulation .09 of this chapter.

(e) If a report is not submitted by the last day of the6th month after the end of the provider’s fiscal year, or a re-port is submitted but the provider cannot furnish properdocumentation to verify costs, the Department, if applicable,shall make final cost settlement for that fiscal year at a cer-tain percentage of the last final per diem rates for which theDepartment has verified costs for that facility, provided thatthe rates established may not exceed the maximum per diemrates in effect when the facility’s costs were last settled.

(f) For purposes of §D(3)(a) — (e) of this regulation,reports are considered received when the submitted reportsare completed according to instructions issued by the De-partment.

(4) Recipient’s Contribution.(a) The local department of social services or the

State-operated facility’s fiscal agent shall determine theamount the recipient has available to pay toward the cost ofmedical or remedial care for inpatient services, and so in-form the provider.

(b) The provider shall collect from the recipient thatamount as shown available on the designated form.

(c) The provider may not collect a total amount, in-cluding the recipient’s resource and the Department’s pay-ment, which exceeds the provider’s rate established by theDepartment.

(d) The provider shall show to the Department sumscollected from the recipient.

E. Reimbursement for other services covered under thischapter is as follows:

(1) Alcohol and drug abuse treatment services otherthan services provided by a local health department clinic ora hospital-based outpatient department:

(a) Individual counseling — per visit $40; and(b) Group counseling — per 1 hour session $13;

(2) Nutritional counseling services — per visit $40; and(3) Environmental lead investigation — per inspection

$333.29.F. Reimbursement for services covered in Regulation .04 of

this chapter shall be the lower of the provider’s charge for theservice, or the Program’s fee schedule.

.08 Recovery and Reimbursement.A. Regardless of whether the recipient has other third-

party insurance coverage, EPSDT screening providers shallbill the Program directly for the following components of anEPSDT screen:

(1) Comprehensive unclothed physical examinations;(2) Immunizations when the vaccine is not covered by

the Vaccines for Children Program;(3) Vaccine administration; and(4) Objective screenings for:

(a) Developmental assessment;(b) Hearing; and(c) Vision.

B. Upon submission of a claim for a EPSDT screeningcomponent, as described in §A of this regulation, the Depart-ment shall pursue third-party reimbursement when appro-priate.

C. Recovery and reimbursement for all other services inthe chapter are set forth in COMAR 10.09.36.07.

.09 Cause for Suspension or Removal and Impositionof Sanctions.

A. Cause for suspension or removal and impositions ofsanctions are as set forth in COMAR 10.09.36.08.

B. If during a quality assessment, the Department staffdetermines that the provider does not meet the standards es-tablished by the Department, the Department may decertifythe provider as an EPSDT screening provider.

.10 Appeal Procedures.Appeal procedures are as set forth in COMAR 10.09.36.09.

.11 Interpretive Regulations.State regulations are interpreted as set forth in COMAR

10.09.36.10.



.12 Effective Date.This chapter is effective July 1, 2009.


Subtitle 09 MEDICAL CARE PROGRAMS10.09.53 Early and Periodic Screening, Diag-

nosis, and Treatment: Private Duty NursingAuthority: Health-General Article, §§2-104(b), 15-103, and 15-105,



The Secretary of Health and Mental Hygiene proposes toamend Regulation .07 under COMAR 10.09.53 Early andPeriodic Screening, Diagnosis, and Treatment: Pri-vate Duty Nursing.

Statement of PurposeThe purpose of this action is to include budget limitation

language to payment procedures and maintain the currentrate of reimbursement for private duty nursing services inaccordance with the Department’s budget for Fiscal Year2010.


posed action.

Estimate of Economic ImpactI. Summary of Economic Impact. The Department proposes

to continue the current rate of reimbursement for private dutynursing services.



A. On issuing agency: (E�) $1,087,807B. On other State agencies: NONEC. On local governments: NONE


D. On regulated industries ortrade groups: (�) $1,087,807




A. and D. It is estimated that the cost for services rendered inFiscal Year 2010 would be $95,606,128 based upon the per unit costof $7.91. Under the pre-existing regulations, the per unit cost wouldincrease to $8 effective July 1, 2009. The proposed amendment willmaintain the rate of reimbursement unchanged, saving the Depart-ment $1,087,807 for the entire fiscal year. Approximately 62 per-cent of this amount is federal funds.

Economic Impact on Small BusinessesThe proposed action has a meaningful economic impact on

small businesses. An analysis of this economic impact fol-lows.

Maintaining the current rate of reimbursement will im-pact business providers by limiting their revenue.


disabilities as follows:The proposed action will affect rates to providers of ser-

vices to individuals with disabilities. Providers will not re-ceive a rate increase in Fiscal Year 2010, but no impact onaccess or availability of services is anticipated.



.07 Payment Procedures.A. — C. (text unchanged)D. Effective July 1, [2009] 2010, subject to the limitations

of the State budget, the fee schedule rates in §B(2) and (3) ofthis regulation shall be adjusted annually by adjusting thefee by the percentage of the annual increase in the MarchConsumer Price Index for All Urban Consumers, medicalcare component, Washington-Baltimore, from the U.S. De-partment of Labor, Bureau of Labor Statistics.


Subtitle 14 CANCER CONTROL10.14.01 Cancer Registry

Authority: Health-General Article, §§2-104, 18-104, 18-203, and 18-204,Annotated Code of Maryland; 42 U.S.C. §280e


The Secretary of Health and Mental Hygiene proposes toamend Regulations .01 and .02, adopt new Regulations .03and .04, and amend and recodify existing Regulations .03 —.06 to be Regulations .05 — .08 under COMAR 10.14.01Cancer Registry.

Statement of PurposeThe purpose of this action is to update the regulations of

the Maryland Cancer Registry to be consistent with na-tional reporting standards and with the requirements of thefederal Cancer Registries Amendment Act. This proposalwill eliminate the requirement of reporting facilities to re-port cases of cervical carcinoma in situ (CIS), squamous in-traepithelial neoplasia of the cervix (CIN III), glandular in-traepithelial neoplasia of the prostate (PIN), and borderlinemalignancies of the ovary to the Maryland Cancer Registry,consistent with the reporting standards of national organi-zations such as the National Program of Cancer Registries;the Surveillance, Epidemiology and End Results (SEER)Program; and the Commission on Cancer. This proposal alsoupdates the codes of reportable cancers included in the In-ternational Classification of Diseases, Ninth Revision,Clinical Modification (ICD-9-CM) and the InternationalClassification of Diseases for Oncology (ICD-O-3), ThirdEdition; clarifies the definition of key terms; and addressesthe release of data to researchers. This proposal will alsorequire nursing facilities and assisted living programs to re-port information about reportable cancers and central ner-



vous system (CNS) tumors pertaining to certain patients, ifrequested by the Secretary of Health and Mental Hygieneand if the information is under the control of that facility.This proposal specifies that a cancer report shall contain in-formation on industrial or occupational history when suchinformation is available.

Comparison to Federal StandardsThere is a corresponding federal standard to this pro-

posed action, but the proposed action is not more restrictiveor stringent.





disabilities.

Opportunity for Public CommentComments may be sent to Michele A. Phinney, Director,

Office of Regulation and Policy Coordination, Department ofHealth and Mental Hygiene, 201 West Preston Street, Room512, Baltimore, MD 21201, or call 410-767-6499, or email [email protected], or fax to 410-333-7687. Commentswill be accepted through January 19, 2010. A public hearinghas not been scheduled.

.01 Scope.[These regulations define] This chapter establishes a can-

cer registry within the Department, defines key terms, [de-tail] details the information to be contained in a cancer re-port, and [specify] specifies requirements of reportingfacilities, nursing facilities, and assisted living programs. Inaddition, [these regulations identify] this chapter identifiesrequestors authorized to receive confidential data and [al-low] allows a fee to be charged for data reports. [An annualreport shall be submitted by the Secretary to the Governorand the General Assembly.].02 Definitions.

A. (text unchanged)B. Terms Defined.

(1) ‘‘Assisted living program’’ has the meaning stated inCOMAR 10.07.14.02B.

[(1)] (2) ‘‘Cancer registry’’ means a computerized sys-tem to register all cases of reportable human cancer or re-portable human central nervous system (CNS) tumors ofMaryland residents [, or] and nonresidents diagnosed ortreated in Maryland.

[(2)] (3) ‘‘Cancer report’’ means a one-time abstractfrom one or more of the following documents maintained bya reporting facility, nursing facility, or assisted living pro-gram of each new case of reportable human cancer or CNStumor diagnosed or treated, and any other case of report-able human cancer or CNS tumor initially diagnosed ortreated for time periods as designated by the Secretary:

(a) — (c) (text unchanged)[(3)] (4) Case of a Reportable Human CNS Tumor.

(a) ‘‘Case of a reportable human CNS tumor’’ meansan identified human tumor, irrespective of histologic type orbehavior, occurring as a primary tumor in any of the follow-ing sites or subsites with International Classification of Dis-

eases for Oncology, Third Edition (ICD-O-3) topographycodes C70.0 — C72.9 and C75.1 — C75.3:

(i) — (viii) (text unchanged)(b) ‘‘Case of a reportable human CNS tumor’’ in-

cludes all benign and uncertain behavior tumors of the CNS(ICD-9-CM Codes 225.0 — 225.9 [and], 227.3 — 227.4 [andICD-0-3 behavior code of ‘‘0’’) for the ICD-0-3 topographycodes C70.0 — C72.9 and C75.1 — C75.3], 228.02, 237.0 —237.1, 237.5 — 237.9, and 239.6, and all tumors of the CNSof benign and uncertain behavior with ICD-O-3 codes of ‘‘0’’or ‘‘1’’), which includes codes from:

(i) (text unchanged)(ii) The International Classification of Diseases for

Oncology, Third Edition ([ICD-0-3] ICD-O-3).[(4)] (5) ‘‘Case of reportable human cancer’’ means the

identification of a human cancer from the following list,which includes codes from the International Classificationof Diseases, Ninth Revision, Clinical Modification (ICD-9-CM) and the International Classification of Diseases for On-cology, Third Edition ([ICD-0-3] ICD-O-3):

(a) All malignant neoplasms (ICD-9-CM Codes[140.0 — 208.9] 140 — 195.8 and 199 — 209.37 [and ICD-0-3] or ICD-O-3 behavior code of ‘‘3’’) [excluding the follow-ing basal and squamous cell carcinomas of the skin (the to-pography term ‘‘skin’’ is defined as ICD-0-3 topographycodes C44.0 — C44.9) with a behavior code of ‘‘3’’ (malig-nant) for the ICD-0-3 morphology numbers listed, exceptthat these lesions are reportable for skin of the] includinggenital [sites] skin cancer of the vagina, clitoris, vulva, pre-puce, penis, and scrotum [(ICD-9-CM Codes 184.0 — 184.4,187.1, 187.4, and 187.7 and ICD-0-3] and excluding othersites of skin cancer with ICD-O-3 topography codes[C51.0 — C51.9, C52.9, C60.0, C60.9, and C63.2)] C44.0 —C44.9 and one of the following ICD-O-3 histologies:

(i) M-8000 — [8004] 8005 Neoplasms, malignant,[NOS] not otherwise specified of skin[,];

(ii) M-8010 — [8045] 8046 Epithelial carcinomasof skin[,];

(iii) M-8050 — [8082] 8084 Papillary and squa-mous cell carcinomas of skin[,]; [and] or

(iv) (text unchanged)(b) All malignant neoplasms with the following ICD-

9-CM codes where ICD-O-3 behavior is ‘‘3’’ and ICD-O-3 his-tologies are:

(i) 236.0 — Endometrial stroma, low grade (M-8931);

(ii) 238.3 — Phylloides tumor (M-9020);(iii) 238.4 — Polycythema (M-9960);(iv) 238.6 — Plasmacytoma (M-9731, M-9734);(v) 238.71 — 238.79 — Essential thrombocythemia

(M-9962), myelodysplastic syndromes (M-9980, M-9982,M-9983, M-9985, M-9986), myelofibrosis with myeloid meta-plasia (M-9961), post transplant lymphoproliferative disor-der (M-9987) or lympho and myeloproliferative disease (M-9931, M-9960, M-9961);

(vi) 273.2 — Alpha and gamma heavy chain dis-ease (M-9762) or Franklin disease (M-9763);

(vii) 273.3 — Waldenstrom macroglobulinemia (M-9761);

(viii) 284.9 — Refractory anemia (M-9980); or(ix) 285.0 — Refractory anemia with ringed sidero-

blasts (M-9982), refractory anemia with excess blasts(M9983), or refractory anemia with excess blasts in transfor-mation (M-9984);

[(b)] (c) All cases of carcinoma in situ (ICD-9-CMCodes 230.0 — 234.9 and [ICD-0-3] ICD-O-3 behavior code



of ‘‘2’’), including genital skin cancers of the vagina, clitoris,vulva, prepuce, penis, and scrotum and excluding [the fol-lowing basal and squamous cell carcinomas in situ of theskin (the topography term ‘‘skin’’ is defined as ICD-0-3 to-pography codes C44.0 — C44.9) with a behavior code of ‘‘2’’(in situ) for the ICD-0-3 morphology numbers listed, exceptthat these lesions are reportable for skin of the genital sitesof the vagina, clitoris, vulva, prepuce, penis, and scrotum(ICD-9-CM Codes 233.2, 233.5, and 233.6, and ICD-0-3 to-pography codes C51.0 — C51.9, C52.9, C60.0, C60.9, andC63.2):] other skin cancers with ICD-O-3 topography codesC44.0 — C44.9 and one of the following ICD-O-3 histologies:

(i) M-8000 — [8004] 8005 Neoplasms, malignant,[NOS] not otherwise specified of skin[,];

(ii) M-8010 — [8045] 8046 Epithelial carcinomasof skin[,];

(iii) M-8050 — [8082] 8084 Papillary and squa-mous cell carcinomas of skin[,]; and

(iv) M-8090 — 8110 Basal cell carcinomas; or[(c) Borderline malignancies of the ovary (ICD-9-CM

Codes 183.0 and 236.2);(d) Neoplasms involving plasma cells as described in

ICD-9-CM Code 238.6; or(e) Histology report using the terminology of cervical

CIS, CIN3, or any combination of them.](d) All cases of intraepithelial neoplasia (ICD-O-3

histology code of M-8077/2):(i) Including squamous intraepithelial neoplasia of

vagina (VAIN), vulva (VIN), and anus (AIN) (ICD-9-CMcodes 233.3 and 230.6; and ICD-O-3 topography codes C52,C51, and C21.1); and

(ii) Excluding squamous intraepithelial neoplasiaof the cervix (CIN III) and glandular intraepithelial neopla-sia of the prostate (PIN) (ICD-9-CM codes 233.1 and 233.4;and ICD-O-3 topography codes C53 and C61.9).

[(5)] (6) — [(8)] (9) (text unchanged)[(9) ‘‘Freestanding therapeutic radiological center’’

means a facility, place, establishment, or institution per-forming radiological treatment for a person, authorized bylaw to request this treatment, in connection with a report-able human cancer or a CNS tumor, and licensed or regis-tered by the State pursuant to COMAR 10.05.03, and notunder the administrative control of a hospital.]

(10) (text unchanged)(11) ‘‘Nonhospitalized patient not otherwise reported’’

means a patient with a case of reportable human cancer or areportable human CNS tumor diagnosed or treated [for can-cer or a CNS tumor] in a physician’s office without admis-sion to a hospital or referral to a freestanding ambulatorycare facility or [freestanding] therapeutic radiological cen-ter and not reported by a hospital, a freestanding ambula-tory care facility, or therapeutic radiological center.

(12) ‘‘Nursing facility’’ has the meaning stated in CO-MAR 10.07.02.01B.

[(12)] (13) ‘‘Physician’’ means an individual who [prac-tices]:

(a) Practices medicine, as [stated] defined in HealthOccupations Article, §14-101, Annotated Code of Maryland;and

(b) Diagnoses or treats a case of reportable humancancer or a reportable human CNS tumor at a practice lo-cated in Maryland.

[(13)] (14) ‘‘Reporting facility’’ means [a] any of the fol-lowing:

(a) A hospital, freestanding laboratory, freestandingambulatory care facility, or [freestanding] therapeutic ra-diological center; or

(b) A physician who has care of or has diagnosed acase of reportable human cancer or reportable human CNStumor for a nonhospitalized patient not otherwise reported.

[(14)] (15) (text unchanged)[(15) ‘‘Tumor registry’’ means a data base of human

cancer or CNS tumor cases diagnosed or treated at a report-ing facility.]

(16) ‘‘Therapeutic radiological center’’ means a facilityor institution:

(a) Performing radiological treatment for a personauthorized by law to request the treatment in connectionwith a reportable human cancer or a reportable human CNStumor; and

(b) Licensed or registered by the State pursuant toCOMAR 10.05.03 and not under the administrative controlof a hospital.

.03 Establishment of a Cancer Registry.There is a cancer registry established within the Depart-

ment, whose purpose is to collect reportable human cancerdata and reportable human CNS tumor data to further thecancer control goals of the State.

.04 Cancer Control Goals of the State.A. The cancer control goals of the State are to reduce the

incidence and mortality of reportable human cancer and re-portable human CNS tumors and racial, ethnic, gender, age,and geographic disparities in reportable human cancer andCNS tumor incidence and mortality in Maryland, by:

(1) Advancing the understanding of reportable humancancer and reportable human CNS tumor demographics;

(2) Describing reportable human cancer and reportablehuman CNS tumor sources, causes, risk factors, preventivemeasures, diagnostic tests, screening tests, treatment, andsurvival; and

(3) Evaluating the cost, quality, efficacy, and appropri-ateness of diagnostic, therapeutic, rehabilitative, and pre-ventive services and programs related to reportable humancancer and reportable human CNS tumors.

B. Research that will further the cancer control goals ofthe State is research whose protocols have been reviewed byDepartment staff who have found that the research will:

(1) Advance scientific knowledge or advance knowledgeof clinical practice related to cancer;

(2) Have approaches, aims, and methods that will allowthe researcher to perform descriptive analyses or test hypoth-eses;

(3) Have one or more investigators who have trainingand experience with the approaches and methods; and

(4) Be conducted in a scientific environment likely tocontribute to the success of the research.

[.03] .05 Content of a Cancer Report.A cancer report shall contain the following information,

using the standard nomenclature contained in the NorthAmerican Association of Central Cancer Registries’ Stan-dards for Cancer Registries, Volume II, Data Standards andData Dictionary:

A. (text unchanged)B. Information on the industrial or occupational history

of an individual with cancer, to the extent such informationis available;

[B.] C. Relevant information on the:(1) Initial diagnosis, including the date of the diagno-

sis;



(2) Initial treatment[,] ;(3) Extent of the disease by the end of the first hospi-

talization [using a standard nomenclature specified by theSecretary,]; and

(4) Extent of the disease within 2 months of diagnosis[using a standard nomenclature specified by the Secretary],if the information is available to the reporting facility [andthe reporting facility has a tumor registry], nursing facility,or assisted living program;

[C.] D. — [D.] E. (text unchanged)

[.04] .06 Reporting Requirements [of Reporting Fa-cilities].

[The] A. A reporting facility shall submit a:[A.] (1) — [B.] (2) (text unchanged)[C.] (3) Completed report of any new individual case of a

reportable human cancer or reportable human CNS tumornot later than 6 months after diagnosis or treatment.

B. A nursing facility or an assisted living program shallsubmit a cancer report containing information that is underthe control of the facility to the Secretary if the Secretary re-quests a cancer report on a patient who has been a residentof the nursing facility or assisted living program.

[.05] .07 Confidentiality of Cancer Reports.A. Information obtained under [Regulations .03 and .06

of] this chapter is not a medical record under Health-General Article, §4-301, Annotated Code of Maryland, but issubject to the confidentiality requirements of Health-General Article, [§4-101 et seq.] §§4-101 — 4-103, Anno-tated Code of Maryland.

B. [Confidential data may be released by the Secretaryto] The Secretary may release confidential data to:

(1) An institution or individual researcher for medical,epidemiological, health care, or other cancer-related or CNStumor-related research approved by the Secretary and theDepartment’s Institutional Review Board (IRB) [of the De-partment, which will further the cancer control goals of theState] in order to further the cancer control goals of the Stateset forth in Regulation .04 of this chapter;

(2) A reporting facility which:(a) Routinely submits information on cases of report-

able human cancer or reportable human CNS [tumor pa-tient information] tumors to the cancer registry[,];

(b) Has been formally accepted as a participant inthe cancer registry system[,]; and

(c) Requests [routine] data relating to patients [of]reported by the facility;

(3) — (5) (text unchanged)C. The Secretary may release confidential information,

subject to:(1) A determination by the Secretary that a recipient of

the information disclosed will maintain the confidentialityof the disclosed information; and

(2) An agreement signed by the Secretary and by the re-cipient of the confidential information that the recipient ofthe information will maintain the confidentiality of the dis-closed information.

[C.] D. (text unchanged)[D. The release of confidential data is subject to a deter-

mination by the Secretary that a recipient of the informa-tion disclosed will maintain the confidentiality of the disclo-sure.]

E. A reporting facility that in good faith submits a cancerreport to the Secretary is not liable in any cause of actionarising from the submission of the cancer report to the Secre-tary.

[E.] F. [The summarization or aggregation of confidentialrecords which does not disclose] The use or publication ofany statistics, information, or other material that summa-rizes or refers to confidential records in the aggregate, with-out disclosing the identity of any person who is the subjectof the confidential record is not subject to the provisions ofHealth-General Article, [§4-101] §4-102, Annotated Code ofMaryland.

[.06] .08 Authority and Requirements of the Secre-tary.

A. To assure compliance by a reporting facility, nursingfacility, or assisted living program with Regulation [.03] .05of this chapter, the Secretary may, upon advance notice, in-spect a representative sample of medical records, pathologyreports, or radiological reports maintained by [a reporting]the facility[, from which a cancer report should have beenpreviously made] of cases of reportable human cancer andreportable human CNS tumors.

B. — E. (text unchanged)


Subtitle 15 FOOD10.15.03 Food Service Facilities

Authority: Health-General Article, §§18-102, 21-101, 21-102, 21-211, and21-234, and 21-304; Agriculture Article, §4-311;



The Secretary of Health and Mental Hygiene proposes toamend Regulations .02, .04, .06 — .10, .12, .14 — .19, .21 —.23, .25 — .28, .30, and .33 under COMAR 10.15.03 FoodService Facilities.

Statement of PurposeThe purpose of this action is to revise the regulations in

order to provide clarification, correct errors in the originaldocument, and change certain requirements to meet thoseof the Food and Drug Administration (FDA) Model FoodCode.


posed action.





disabilities.


fice of Regulation and Policy Coordination, Department ofHealth and Mental Hygiene, 201 West Preston Street, Room512, Baltimore, MD 21201, or call 410-767-6499, or email [email protected], or fax to 410-333-7687. Comments



will be accepted through January 19, 2010. A public hearinghas not been scheduled.


(1) — (15) (text unchanged)(16) Continental Breakfast.

(a) ‘‘Continental breakfast’’ means a meal that doesnot require major food preparation as specified in Regula-tion [.28E(2)] .28E(1) of this chapter.

(b) — (c) (text unchanged)(17) — (18) (text unchanged)(19) Critical Item.

(a) (text unchanged)(b) ‘‘Critical item’’ includes the following require-

ments:(i) — (iv) (text unchanged)(v) Cooling [and refrigerating] potentially hazard-

ous foods in accordance with the requirements of this chap-ter;

(vi) — (ix) (text unchanged)(20) — (29) (text unchanged)(30) Farmer’s Market.

(a) ‘‘Farmer’s market’’ means a place where a personoffers or sells one or more of the following food products tothe public:

(i) (text unchanged)(ii) Products processed in a private home kitchen

[located on a farm] according to Regulation .27 of this chap-ter;

(iii) (text unchanged)(iv) Eggs sold [only on a farm that is] in compli-

ance with Regulation .05A(8) of this chapter.(b) (text unchanged)

(31) — (33) (text unchanged)(34) Food Service Facility.

(a) — (b) (text unchanged)(c) ‘‘Food service facility’’ does not include a:

(i) — (iii) (text unchanged)(iv) A hotel, lodging, or rooming house that serves

only a continental breakfast; [or](v) A farmer’s market offering or selling to the pub-

lic raw fruit, vegetables, eggs, and other food products asspecified in Regulation .27 of this chapter [or eggs sold onlyon a farm that is in compliance with Regulation .05A(8) ofthis chapter.]; or

(vi) A bake sale where only non-potentially hazard-ous bakery goods, including breads and pastries, are sold inconjunction with a fundraising event.

(35) — (54) (text unchanged)(55) Potentially Hazardous Food.

(a) (text unchanged)(b) ‘‘Potentially hazardous food’’ includes:

(i) — (iii) (text unchanged)(iv) Cut melons; [and](v) Cut raw tomatoes; and[(v)] (vi) (text unchanged)

(c) (text unchanged)(56) — (73) (text unchanged)(74) Single Service Article.

(a) (text unchanged)(b) ‘‘Single service article’’ includes a:

(i) — (ix) (text unchanged)[(x) Napkin;][(xi)] (x) — [(xii)] (xi) (text unchanged)


(78) ‘‘Temporary food service facility’’ means a food ser-vice facility that operates:

(a) (text unchanged)(b) In conjunction with a:

(i) — (iv) (text unchanged)(v) Recreational facility; [or](vi) Fundraising event; or[(vi)] (vii) (text unchanged)


.04 Food Supplies and Sources: General.The person-in-charge shall ensure that:A. — B. (text unchanged)C. Milk and milk products are not sold or served unless

they are produced, processed, stored, transported, and dis-tributed in accordance with COMAR 10.15.06 and COMAR10.15.09, including:

(1) (text unchanged)(2) Other fluid dairy products; [and](3) Manufactured milk products; and

[D.] (4) Reconstituted dry milk or dry milk products [are]used only for:

[(1)] (a) — [(3)] (c) (text unchanged)[E.] D. — [ J.] I. (text unchanged)

.06 Food Protection During Storage, Service, andTransport.

The person-in-charge shall ensure that:A. At all times:

(1) — (2) (text unchanged)(3) Except during necessary periods of preparation and

service, a potentially hazardous food is[:(a) Refrigerated as set forth in §B(8) of this regula-

tion; or(b) Held hot as set forth in §C(2) of this regulation]

refrigerated or held hot as set forth in §B(7) of this regula-tion;

B. When storing and holding food:(1) — (10) (text unchanged)(11) If shell eggs and shellfish, the eggs and shellfish

are stored, displayed, and transported under refrigerationat an [internal] ambient temperature of 45°F or less;

(12) Except for the service of foods such as ice creamand frozen desserts, frozen food [is held at an internal tem-perature of 0°F or below] is received and stored frozen;

(13) — (14) (text unchanged)C. While displaying and serving food:

(1) Except as provided in §§B(8) and C(3) of this regu-lation, a potentially hazardous cold food that is placed ondisplay is:

(a) — (b) (text unchanged)(c) Discarded if:

(i) The food has exceeded 41°F or more for morethan [2] 4 hours; or

(ii) (text unchanged)(2) Except as provided in §§B(13) and (14) and C(3) of

this regulation, a potentially hazardous hot food that isplaced on display is:

(a) — (b) (text unchanged)(c) Discarded if:

(i) The food was below 135°F for more than [2] 4hours; or

(ii) (text unchanged)(3) — (9) (text unchanged)[(10) Employees or self-service customers do not reuse

soiled tableware, including single service articles:



(a) Except for drinking cups and containers reusedby self-service customers in a manner to prevent cross-contamination;

(b) To provide second portions or refills; or(c) To obtain additional food from display and serving

equipment; and](10) Except for drinking cups reused by self-service con-

sumers in a manner to prevent cross- contamination, em-ployees and self-service customers do not reuse soiled table-ware, including single service articles to:

(a) Provide second portions or refills; or(b) Obtain additional food from display and serving

equipment; andD. During the transportation of food:

(1) — (2) (text unchanged)(3) Frozen food is maintained [at an internal tempera-

ture of 0°F or below] frozen; and(4) (text unchanged)

.07 Food Protection During Outdoor Preparationand Service.

The person-in-charge shall ensure that:A. (text unchanged)B. When preparing beverages outdoors:

(1) — (3) (text unchanged)(4) Other than when only beer, wine, or soda is offered,

a hand washing sink is provided in accordance with Regula-tion [.18M] .18K and L of this chapter.

.08 Use of Time Only with Potentially HazardousFood.

A. (text unchanged)B. The person-in-charge shall ensure that:

(1) (text unchanged)[(2) Time-only is not used for a:

(a) Potentially Hazardous food that is ready-to eatfollowing a cook and cool cycle;

(b) Raw, ready-to-eat potentially hazardous foodsuch as sliced melon or sprouts; or

(c) Recipe in which more than one egg is broken andthe eggs are combined;]

[(3)] (2) Except as otherwise approved by the approvingauthority, the maximum time limit under time-only controlis 4 hours for a:

(a) [4 hours for a raw,] Raw, working supply of po-tentially hazardous food during preparation, after whichtime the food is cooked or discarded; and

(b) [2 hours for a ready-to-eat] Ready-to-eat poten-tially hazardous food held for immediate consumption [di-rectly after cooking], after which time the food not served isdiscarded; [or

(c) 2 hours for a commercially pasteurized and com-mercially sterile ready-to-eat potentially hazardous foodfrom hermetically sealed packages, after which time thefood not served is discarded; and]

(3) Food has an initial temperature of:(a) 41°F or less upon removal from refrigeration; or(b) 135°F or more upon removal from cooking equip-

ment; and(4) Food that has been protected using time-only con-

trol is not [:(a) Served] served in a health care facility[; or(b) Reused].

.09 Food Preparation — Temperature and Cross-Contamination Control.

The person in charge shall ensure that:A. — B. (text unchanged)

[C. When potentially hazardous food is removed fromtemperature control for a necessary period of preparation,such as portioning, slicing, or mixing:

(1) The time that food is out of temperature control isminimized; and

(2) For a period of not greater than 2 hours, the food israpidly re-chilled to 41°F except as provided in Regulation.06B(8) of this chapter;]

[D.] C. — [G.] F. (text unchanged)

.10 Food Preparation — Cooking.A. Except as provided in [§§B — E] §§B — D of this regu-

lation, the person-in-charge shall ensure that potentiallyhazardous food is cooked to the minimum internal tempera-ture and for the specified holding time as follows:

(1) Chart 1. Summary of Minimum Cooking and Re-heating Food Temperatures and Holding Times.

FOOD MINIMUMINTERNALTEMPERATURE

HOLDINGTIMEAT SPECIFIEDTEMPERA-TURE

°F °CShell eggs. — Raw

foods of animal origincooked in a micro-wave oven. (text un-changed)

Fruits and veg-etables [cooked forhot holding,] andready-to-eat commer-cially processedfoods[, and] cookedfor hot holding.

135 57 None

Ready-to-eat com-mercially processedfoods for immediateservice.

None None

(2) — (7) (text unchanged)B. (text unchanged)C. The person-in-charge may serve a consumer:

(1) Undercooked seared beefsteak [upon individualconsumer request] when:

(a) Only whole muscle, intact beefsteak, is prepared[only for immediate service];

(b) — (c) (text unchanged)(2) (text unchanged)

D. (text unchanged)E. Repealed.F. (text unchanged)

.12 Food Labeling.A. The person-in-charge shall ensure that:

(1) — (2) (text unchanged)(3) Bulk food available for consumer self-dispensing is

prominently labeled with the following information in plainview of the consumer:

(a) (text unchanged)(b) A card, sign, or other method of notification that

includes the information specified in §A(1)[,](a), (b), and (f)of this regulation.

B. (text unchanged)

.14 Personnel Health and Sanitation.The person in charge shall ensure that:A. — E. (text unchanged)



F. An employee washes hands, exposed portions of thearms, between the fingers, and underneath the fingernails:

(1) (text unchanged)(2) At a hand washing facility that is equipped as

specified in Regulation [.18L] .18K and [M] L of this chap-ter; and

(3) (text unchanged)G. — L. (text unchanged)

.15 Food Equipment and Utensils.A. The person-in-charge shall ensure that:

(1) Except as provided in [§§A(2), (6), (15), and (16) andB] §§A(2), (6), and (15) and B of this regulation, food equip-ment meets one or more of the following design standards:

(a) — (e) (text unchanged)(2) — (14) (text unchanged)[(15) Existing equipment installed in a food service fa-

cility before the effective date of this chapter:(a) Complies with §A(3) — (14) of this regulation;

and(b) Is located to prevent:

(i) The cross-contamination of food; and(ii) Insanitary conditions;]

[(16)] (15) When an existing piece of equipment ceasesto operate:

(a) (text unchanged)(b) Equipment is replaced:

(i) (text unchanged)(ii) Within 30 working days from the date the per-

manent replacement plan required in [§A(16)(c)] §A(15)(c)of this regulation is accepted by the approving authority;and

[(17)] (16) (text unchanged)B. The approving authority may allow the use of equip-

ment that meets §A(3) — (11) of this regulation but fails tocomply with §A(1) of this regulation if [:

(1) An applicable published equipment standard doesnot exist; and

(2) A] a review indicates the equipment and its use are:[(a)] (1) — [(b)] (2) (text unchanged)

.16 Cleaning and Sanitizing Equipment and Utensils.The person in-charge shall ensure that:A. Food contact surfaces of equipment and utensils are

effectively cleaned and sanitized by:(1) — (3) (text unchanged)(4) Sanitizing, using:

(a) (text unchanged)(b) [A] Immersion in a chemical sanitizer that is

proven to kill pathogens effectively:(i) — (ii) (text unchanged)

(c) For equipment that is not sanitized by the meth-ods set forth in §C(1) of this regulation:

(i) — (ii) (text unchanged)(iii) A spray or swab with a chemical sanitizing so-

lution of at least [twice] the minimum strength stated in§C(1) of this regulation;

B. — E. (text unchanged)[F. Single compartment sinks are used to rinse utensils

such as a knife or spatula only if the utensils will subse-quently be washed, rinsed, and sanitized;]

[G.] F. — [O.] N. (text unchanged)

.17 Storage and Handling of Cleaned Equipment andUtensils.

The person-in-charge shall ensure that:A. — F. (text unchanged)G. Toilet rooms or vestibules are not used to store:

[(1) Food;][(2)] (1) — [(4)] (3) (text unchanged)

H. (text unchanged)

.18 Control of Sanitary Facilities.The person-in-charge shall ensure that:A. — G. (text unchanged)H. Plumbing is sized, installed, and maintained so that:

(1) (text unchanged)(2) The potable water supply system is:

(a) (text unchanged)(b) Not [directly] connected with a non-potable water

[supply] system [by which] in a manner that would allownon-potable water [can] to be drawn or discharged into thepotable water supply system;

(3) — (11) (text unchanged)I. Toilet facilities are:

(1) — (3) (text unchanged)(4) Except as specified in Health-General Article, §21-

325(b), Annotated Code of Maryland, for facilities estab-lished after January 1, 1979, provided for patrons whenevera food service facility:

(a) Prepares [and serves food to patrons at a table]food and provides seating; or

(b) Is a carry-out facility [that has more than twotables with seating for patrons] with indoor tables used fordining;

(5) — (8) (text unchanged)J. — M. (text unchanged)

.19 Garbage and Rubbish Disposal.The person-in-charge shall ensure that:A. Garbage is stored in the following ways as applicable

to the facility:(1) — (3) (text unchanged)(4) In garbage containers outside the establishment

that are located on a[:(a) Grease] grease resistant, durable surface; and[(b) Rack that is at least:

(i) 12 inches above the ground for a single bank ofcontainers; or

(ii) 18 inches above the ground for a multiple bankof containers; and]

(5) (text unchanged)B. — E. (text unchanged)

.21 Building — Floors, Walls, and Ceilings.The person-in-charge shall ensure that:A. — B. (text unchanged)C. A floor installed in a food preparation, food processing,

food storage, utensil washing, walk-in refrigerator, dressingor locker, and toilet room or area has a juncture between thefloor and the wall that is:

(1) — (2) (text unchanged)D. — K. (text unchanged)L. The walls [of] up to at least the highest level reached by

splash or spray in all food preparation, food storage, utensilwashing, and [hand washing] toilet rooms or areas havesurfaces that are:

[(1) Smooth, easily cleanable surfaces; and(2) Surfaces that are water and grease resistant up to

at least the highest level reached by splash or spray;](1) Smooth;(2) Washable; and(3) Water and grease resistant;

[M. Ceiling covering materials are as set forth in §L(1) ofthis regulation;

N. When drop ceilings are used, tiles:



(1) Are faced with a smooth, washable surface; and(2) Do not contain fiberglass backing;]

[O.] M. A wall covering material, such as tile, stainlesssteel, fiber reinforced plastic, sealed gypsum board, [and] ora similar material, is attached and sealed to the wall or ceil-ing so that:

(1) — (3) (text unchanged)N. Ceiling covering materials in food preparation and

utensil washing areas:(1) Have smooth, washable surfaces; and(2) Do not contain fiberglass backing;

[P.] O. — [Q.] P. (text unchanged)

.22 Building — Lighting and Ventilation.The person-in-charge shall ensure that:A. (text unchanged)B. Lighting provides artificial light at [a minimum of]:

(1) 50 footcandles at a surface where a food employee isworking with food, utensils, or equipment and employeesafety is a concern;

(2) 20 footcandles at 30 inches from the floor in a:(a) — (c) (text unchanged)(d) Garbage and rubbish storage area; [and](e) (text unchanged)(f) Utensil washing area;(g) Bar;(h) Wait station; and(i) Service area; or

(3) Another lighting level approved by the approvingauthority based on a review that indicates the lighting levelis sufficient for cleaning, facility maintenance, and employeesafety.

C. — H. (text unchanged)I. A grease removing exhaust hood is provided when

needed over commercial cooking equipment that produces[grease] grease-laden vapors or smoke, such as:

(1) — (5) (text unchanged)J. — O. (text unchanged)

.23 Building — Cleanliness and Operations.The person in charge shall ensure that:A. — K. (text unchanged)L. Live birds and animals are not present [inside] on the

premises of a food service facility except for:(1) — (3) (text unchanged)

.25 Special Food Service Facilities.A. For a special food service facility that handles only po-

tentially hazardous food that remains in the original con-tainer or wrapping and that does not prepare, wrap, orpackage the food at the facility, the person-in-charge shallensure that:

(1) — (2) (text unchanged)B. For a special food service facility that handles [poten-

tially hazardous] food that is removed from the originalpackage or that prepares, packages, or wraps food at the fa-cility, the person-in-charge shall ensure that:

(1) Compliance is maintained with Regulations [.01 —.14] .01 — .06, .08 — .14, .15A(3) — (11), [.16 — .23,] .16 —.25, and .28 — .39 of this chapter;

(2) — (3) (text unchanged)(4) Except as provided in [§C(2)] §D(2) of this regula-

tion, adequate hand washing facilities are provided by:(a) Where potable water under pressure is available,

a hand sink as set forth in Regulation [.18L and M] .18Kand L of this chapter; or

(b) (text unchanged)(5) (text unchanged)

C. For a special food service facility that is a mobile unit,the person-in-charge shall ensure that:

(1) (text unchanged)(2) Equipment components of the mobile unit are in

compliance with Regulation .15A(1) and (2) or B of thischapter;

(3) A hand washing sink is provided as set forth inRegulation [.18L and M] .18K and L of this chapter;

(4) — (5) (text unchanged)D. For a special food service facility that is a temporary

food service facility, the person-in-charge shall ensure that:(1) Compliance is maintained with either §A or B of

this regulation as applicable, except that no compliancewith Regulations .21 and [.22A, B(2) and] .22E — O of thischapter is [exempted] required;

(2) — (3) (text unchanged)E. For a special food service that is a bed and breakfast,

the person-in-charge shall ensure that:(1) (text unchanged)(2) The facility serves hot meals only to renters; and(3) (text unchanged)

F. For a special food service facility that is a semi-permanent food service facility, the person-in-charge shallensure that:

(1) — (2) (text unchanged)(3) Hand sinks are provided and maintained as set

forth in Regulation [.18L and M] .18K and L of this chapter;and

(4) (text unchanged)G. For a special food service facility that is an on-farm

food service facility, the person-in-charge shall ensure that:(1) Compliance is maintained with either §A or B of

this regulation as applicable, except that no compliancewith Regulations .21 and [.22A, B(2), and E — O] .22E — Oof this chapter is [exempted] required;


.26 Excluded Organizations.A. Pursuant to Health-General Article, §21-304(a)(2), An-

notated Code of Maryland, an excluded organization shallmake:

(1) (text unchanged)(2) A decision to operate without a license and in com-

pliance with [§§B — F] §§B — E of this regulation, whichestablish the minimum requirements to ensure food safetyat a food service facility operated by an excluded organiza-tion without a license.

B. The person-in-charge shall ensure that a food servicefacility operated by an excluded organization without a li-cense:

(1) Complies with Regulations [.01 — .23] .01 —.15A(3) — (11), .16 — .23, .26 — .27, and .29 — .39 of thischapter; and

(2) When serving potentially hazardous food, servesonly potentially hazardous food:

(a) (text unchanged)(b) In a licensed food establishment [;].

[(3) Uses equipment that:(a) Is in good repair;(b) Is capable of being maintained in a sanitary con-

dition;(c) Has nontoxic food-contact surfaces; and(d) Functions as designed; and

(4) Except as provided in §C of this regulation:(a) Meets the design standards of NSF Standard

Number 7 or equivalent for refrigeration equipment used tostore potentially hazardous food; and



(b) Uses mechanical warewashing equipment thatmeets NSF Standard 3 or equivalent.

C. The approving authority may allow a food service fa-cility operated by an excluded organization without a li-cense to use refrigeration and warewashing equipment thatdoes not comply with NSF standards based upon a reviewthat indicates that:

(1) The equipment complies with the requirements inRegulation .15A(3) — (8) of this chapter; and

(2) The cooling capacity of the refrigeration equipmentcontrols the temperature of the food according to Regulation.06B(8) — (14) of this chapter.]

[D.] C. During the operation of a special food service fa-cility, the person-in-charge of an unlicensed excluded orga-nization shall ensure compliance with:

(1) Regulations .01 — .06, .08, .12 — .14, .15A(3) — (6),.19 — .20, [.22B(1), C, and D] .22B — D, .23, .26, .29 — .33,and .35 — .39 of this chapter, if the unlicensed excluded or-ganization is a special food service facility that:

(a) [Only handles] Handles only potentially hazard-ous food that remains within the [food’s] original containeror wrapping; and

(b) (text unchanged)(2) Regulations .01 — .06, .08 — .14, .15A(3) — (11),

.16 — .20, [.22B(1), C, and D] .22B — D, .23, .26, and .29 —.39 of this chapter, if the unlicensed excluded organizationis a special food service facility that:

(a) Handles [potentially hazardous] food that is re-moved from the original container or wrapping; or

(b) (text unchanged)[E.] D. The person-in-charge shall ensure that an unli-

censed excluded organization does not:(1) — (2) (text unchanged)(3) Except as provided for in [§H] §G of this regulation,

perform retail food manufacturing.[F.] E. The person-in-charge shall ensure that, when an

unlicensed excluded organization plans a single event toprepare or serve potentially hazardous food to 200 or moreindividuals from the public:

(1) (text unchanged)(2) The written notification required in [§F(1)] §E(1) of

this regulation contains:(a) — (h) (text unchanged)

[G.] F. (text unchanged)[H.] G. In Carroll County, a religious organization that

meets the definition of an excluded organization as set forthin Regulation .02B(28) of this chapter, and complies withCOMAR 10.15.01.09A — D and .10A and 10.15.04.09 mayoffer for sale directly to the public the following types ofhomemade style food, only if the food is produced at thekitchen of the excluded organization:

(1) (text unchanged)(2) Jam, preserve, or jelly, made only from:

(a) A fruit listed in [§H(1)] §G(1) of this regulation;(b) — (l) (text unchanged)

(3) Fruit pies made from a fruit listed in [§H(1) and(2)] §G(1) and (2) of this regulation.

.27 Farmer’s Market and Bake Sales.[A.] The approving authority shall:

[(1)] A. Accept as being from an approved source thehomemade foods specified in [§A(2)] §B of this regulationwhen the foods are:

[(a)] (1) Made in a private home kitchen [locatedonly on a farm]; and

[(b) In compliance with COMAR 10.15.01.09A — Dand .10A and 10.15.04.09; and]

[(c)] (2) (text unchanged)[(2)] B. Allow the preparation and sale of the following

foods in accordance with [§A(1)] §A of this regulation:[(a)] (1) (text unchanged)

[(i)] (a) — [(iii)] (c) (text unchanged)[(b)] (2) (text unchanged)

[(i)] (a) — [(viii)] (h) (text unchanged)[(c)] (3) (text unchanged)

[(i)] (a) A fruit listed in [§A(2)(b)] §B(2) of thisregulation;

[(ii)] (b) — [(xiii)] (m) (text unchanged)[(d)] (4) — [(f)] (6) (text unchanged)

[(3)] C. — [(4)] D. (text unchanged)[B. The approving authority may waive the requirement

for a license if the:(1) Place of business meets the definition of a:

(a) Farmer’s market as set forth in Regulation.02B(30) of this chapter; or

(b) Bake sale as set forth in Regulation .02B(6) ofthis chapter;

(2) Foods offered or sold at a farmer’s market are only:(a) Fresh fruits and vegetables; and(b) The foods listed in §A(2) of this regulation; and

(3) Foods made in private home kitchens offered or soldat a bake sale are only non-potentially hazardous bakedgoods.].28 Licenses.

A. — B. (text unchanged)C. A person:

(1) (text unchanged)(2) May not operate a food service facility if the person

does not have a current and valid license issued by the ap-proving authority, except:

(a) As provided in:(i) (text unchanged)(ii) [Regulations] Regulation .26A(2) [and .27C] of

this chapter; or(b) (text unchanged)

D. (text unchanged)E. The approving authority may not require a caterer li-

censed in Maryland to obtain a separate license for each ca-tered event, including events across jurisdictional lineswithin the State, when the:

(1) (text unchanged)(2) Event is at a location other than the caterer’s food

service facility if the caterer and location comply with Regu-lations [.01 — .14, .15A(3) — (8)] .01 — .06, .08 — .14,.15A(3) — (9), and .18I and L of this chapter.

F. — G. (text unchanged)

.30 Food Service Facility Inspections — Types andFrequencies.

The approving authority shall ensure that:A. (text unchanged)B. The person-in-charge is in compliance with critical

items when the person-in-charge:(1) — (3) (text unchanged)(4) Cools potentially hazardous food:

(a) As set forth in Regulation [.09A — C] .11A and Bof this chapter; and

(b) In equipment that complies with Regulation[.15A] .15 of this chapter;

(5) Maintains potentially hazardous food:(a) Hot:

(i) (text unchanged)



(ii) In equipment that complies with Regulation[.15A] .15 of this chapter; or

(b) Cold:(i) At refrigeration temperatures as set forth in

Regulation [.06B(8)] .06B(7) of this chapter; and(ii) In equipment that complies with Regulation

[.15A] .15 of this chapter;(6) Cooks and reheats potentially hazardous food:

(a) (text unchanged)(b) In equipment that complies with Regulation

[.15A] .15 of this chapter;(7) — (8) (text unchanged)

C. A food service facility is inspected:(1) — (4) (text unchanged)(5) When a temporary food service facility, using a

[comprehensive] monitoring inspection as set forth in Regu-lation .30A(2) of this chapter during each licensure period;and

D. (text unchanged)

.33 Plan Review.A. The person-in-charge shall ensure that plans and

specifications are submitted to and approved by the approv-ing authority before a food establishment is:

(1) — (3) (text unchanged)B. (text unchanged)C. The approving authority shall:

(1) — (2) (text unchanged)(3) Designate as a high priority facility, a facility that:

(a) (text unchanged)(b) Serves potentially hazardous food that is pre-

pared:(i) (text unchanged)[(ii) Using a combination of two or more food sys-

tems, such as cooking, hot holding, cooling, or reheating;](ii) Using food preparation methods that require

the food to pass through the temperature range of 41°F to135°F two or more times before service, such as cooking, cool-ing, and then reheating;

(4) Designate as a moderate priority facility, a facilitythat serves potentially hazardous food:

[(a) Within 4 hours of preparation; or(b) That is held hot for greater than 4 hours if the

food is a commercially processed food that will subsequentlybe discarded; and]

(a) That is prepared using methods that require thefood to pass through the temperature range of 41°F to 135°Fnot more than one time before service, such as cooking, hotholding, and then serving; or

(b) That is cut, assembled, or packaged on the pre-mises, such as meats; and

(5) Designate as a low priority facility, a facility thatserves:

(a) Commercially packaged potentially hazardousfoods directly to the consumer; [or]

(b) Non-potentially hazardous food that is cut, as-sembled, or packaged on the premises, such as candy, pop-corn, and baked goods; or

[(b)] (c) (text unchanged)D. — F. (text unchanged)


Subtitle 15 FOOD10.15.06 Processing, Transportation, Storage,

and Distribution of Grade A MilkAuthority: Health-General Article, §§2-104, 2-105, 21-207, 21-208, 21-210,

21-211, 21-406, and 21-428, Annotated Code of Maryland

Notice of Proposed Action[09-398-P-I]

The Secretary of Health and Mental Hygiene proposes torepeal existing Regulations .01 — .11, and adopt new Regu-lations .01 — .19 under COMAR 10.15.06 Production,Processing, Transportation, Storage, and Distribu-tion of Grade A Milk.

Statement of PurposeThe purpose of this action is to set forth the permitting

process for producers to sell Grade A milk and milk prod-ucts. This chapter sets forth an inspection process for GradeA dairy farms and milk facilities; sets standards for Grade Amilk and milk products; sets forth the enforcement processfor the examination, labeling, pasteurization, sampling,testing, aseptic processing and packaging, and distributionand sale of Grade A milk and milk products; sets forth pen-alties for violation of this chapter; and sets forth require-ments for Grade A dairy farms and milk facilities.


posed action.





disabilities.

Opportunity for Public CommentComments may be sent to Michele Phinney, Director , De-

partment of Health and Mental Hygiene, 201 W. PrestonStreet, Room 512, Baltimore, MD 21201, or call 410-767-6499, or email to [email protected], or fax to 410-333-7687. Comments will be accepted through January 19,2010. A public hearing has not been scheduled.

Editor’s Note on Incorporation by ReferencePursuant to State Government Article, §7-207, Annotated

Code of Maryland, the Grade ‘‘A’’ Pasteurized Milk Ordi-nance, 2007 Revision (U.S. Department of Health and Hu-man Services, Public Health Service, Food and Drug Admin-istration), has been declared a document generally availableto the public and appropriate for incorporation by reference.For this reason, it will not be printed in the Maryland Regis-ter or the Code of Maryland Regulations (COMAR). Copies ofthis document are filed in special public depositories locatedthroughout the State. A list of these depositories was pub-lished in 36:3 Md. R. 194 (January 30, 2009), and is availableonline at www.dsd.state.md.us. These documents may alsobe inspected at the office of the Division of State Documents,16 Francis Street, Annapolis, Maryland 21401.



.01 Scope.This chapter:A. Governs permits for the sale of Grade A milk and milk

products, as set forth in Health-General Article, Title 21,Subtitle 4, Annotated Code of Maryland;

B. Requires a permit for the sale of Grade A milk andmilk products;

C. Regulates the inspection of Grade A dairy farms andmilk facilities; and

D. Sets forth:(1) Standards for Grade A milk and milk products;(2) The enforcement process for the examination, label-

ing, pasteurization, aseptic processing and packaging, anddistribution and sale of Grade A milk and milk products;

(3) Penalties pursuant Health-General Article, §§21-211, 21-418, 21-419, and 21-428, Annotated Code of Mary-land; and

(4) Requirements for Grade A dairy farms and milk fa-cilities.



(1) ‘‘Bobtailer’’ means a person who operates or controlsa Grade A milk route, and distributes Grade A pasteurizedmilk products that the person buys from a Grade A distribu-tor or milk processor.

(2) ‘‘Bulk milk hauler/sampler’’ means a person who:(a) Collects official samples;(b) Transports raw milk from a farm or raw milk

products to or from a milk plant, receiving station, or trans-fer station; and

(c) Possesses a permit from any state to sample milkor raw milk products.

(3) ‘‘Certified industry dairy farm inspector’’ means anindividual who is certified by the Secretary under Health-General Article, §21-414, Annotated Code of Maryland, tocarry out the inspections of dairy farms.

(4) ‘‘Dairy farm’’ means a place where at least one cow,goat, or other hoofed mammal is kept, and from which themilk is sold or offered for sale.

(5) ‘‘Department’’ means the Department of Health andMental Hygiene or the Department’s designee.

(6) ‘‘Extensive alteration’’ means the adding or tearingdown of walls, plumbing, or other structural components ofa dairy farm or milk facility.

(7) ‘‘Grade A distribution station’’ means a place or ve-hicle where, for redistribution and sale, Grade A pasteurizedmilk products routinely are received, stored, or transferred

(8) ‘‘Grade A fluid milk’’ means pasteurized homog-enized or pasteurized non-homogenized Grade A milk,cream, or half and half that has been processed to producewhole milk, low fat milk, or nonfat milk.

(9) ‘‘Grade A milk or milk products’’ means the milk of acow, goat, or other hoofed mammal that is produced, pro-cessed, pasteurized, bottled, packaged, or prepared in accor-dance with the Grade ‘‘A’’ Pasteurized Milk Ordinance.

(10) ‘‘Impound’’ means to detain and hold milk or milkproducts under the authority of the Secretary, as provide un-der Health-General Article, §21-428, Annotated Code ofMaryland.

(11) ‘‘Improper handling’’ means Grade A milk or a milkproduct intended for human consumption that:

(a) Has been adulterated;(b) Has been misbranded;(c) Has not been kept at the required temperature;

(d) Is injurious to health if consumed; or(e) Is otherwise unsafe.

(12) ‘‘Industry plant sampler’’ means a person employedat a milk plant, a receiving station, or a transfer station whois responsible for the collection of official samples for regula-tory purposes at the milk plant, receiving station, or transferstation.

(13) ‘‘Milk’’ means the milk of a cow, goat, or otherhoofed mammal that is produced, processed, pasteurized,bottled, packaged, or prepared in accordance with the Grade‘‘A’’ Pasteurized Milk Ordinance.

(14) ‘‘Milk facility’’ means a:(a) Milk plant;(b) Grade A distribution station;(c) Receiving station;(d) Transfer station;(e) Milk processor; or(f) Milk tank truck cleaning facility.

(15) ‘‘Milk marketing agency’’ means a person who nego-tiates the price of Grade A milk to be offered for sale andsupplies Grade A milk.

(16) Milk Plant.(a) ‘‘Milk plant’’ means a place where, for distribu-

tion, milk products are:(i) Processed;(ii) Pasteurized;(iii) Bottled or packaged; or(iv) Prepared.

(b) ‘‘Milk plant’’ does not include a place where milkproducts are sold at retail only.

(17) ‘‘Milk processor’’ means a person who owns, oper-ates, or controls a milk plant.

(18) ‘‘Milk producer’’ means a person who:(a) Operates a dairy farm; and(b) Provides, sells, or offers milk for sale to a:

(i) Milk plant;(ii) Receiving station; or(iii) Transfer station.

(19) ‘‘Milk tank truck’’ means a truck and its equipmentthat are used to transport milk or milk products.

(20) ‘‘Milk tank truck cleaning facility’’ means a place,premises, or establishment, separate from a milk plant, re-ceiving station, or transfer station, where a milk tank truckis cleaned and sanitized.

(21) ‘‘Milk transportation company’’ means a personwho is responsible for a milk tank truck.

(22) ‘‘Official laboratory’’ means a biological, chemical,or physical laboratory that is operated by the Department ofHealth and Mental Hygiene.

(23) ‘‘Officially designated laboratory’’ means a com-mercial laboratory authorized to conduct testing of milk andmilk products on behalf of the Department of Health andMental Hygiene or a milk industry laboratory officially des-ignated by the Department of Health and Mental Hygiene forthe examination, pursuant to the standards set forth in theGrade ‘‘A’’ Pasteurized Milk Ordinance, of:

(a) Producer samples of Grade A raw milk for pas-teurization; or

(b) Commingled milk tank truck samples of Grade Araw milk.

(24) ‘‘Permit’’ means a permit issued by the Secretary inaccordance with Health-General Article, Title 21, Subtitle 4,Annotated Code of Maryland, that authorizes the holder ofthe permit to do an act that is within the scope of the permit.

(25) ‘‘Permittee’’ means a person who holds a permit.(26) Person.



(a) ‘‘Person’’ means an individual, receiver, trustee,guardian, personal representative, fiduciary, or representa-tive of any kind and any partnership, firm, association, cor-poration, or other entity.

(b) ‘‘Person’’ includes:(i) An operator of a facility that is owned by a State

or local unit of government; or(ii) A State or local unit of government if the State

or local unit of government is the operator of the facility.(27) ‘‘Raw milk’’ means unpasteurized milk.(28) ‘‘Receiving station’’ means a place where, for deliv-

ery to a milk plant, raw milk is collected, cooled, and stored.(29) ‘‘Sale’’ or ‘‘sell’’ means a transaction that involves

the:(a) Transfer or dispensing of milk and milk products;

or(b) Right to acquire milk and milk products:

(i) Through barter or contractual arrangement; or(ii) In exchange for any other form of compensation

including, but not limited to, an agistment agreement, whichis the sale of shares or interest in a cow, goat, or other lactat-ing hoofed mammal, or herd of cows, goats, or other lactat-ing hoofed mammals.

(30) ‘‘Sanitization’’ means the application of an effectivemethod or substance to clean surfaces to destroy pathogensand other microorganisms.

(31) ‘‘Seasonal milk producer’’ means a milk producerthat stops producing milk for 30 days or more and thenstarts producing milk again within 12 months.

(32) ‘‘Secretary’’ means the Secretary of Health andMental Hygiene or the Secretary’s designee.

(33) ‘‘Sell-by date’’ means the end of the sell-by period.(34) ‘‘Sell-by period’’ means the length of time a Grade A

milk product may be kept for sale.(35) ‘‘Transfer station’’ means a place where milk is

transferred directly from a milk tank truck to another milktank truck for delivery to a milk plant.

.03 Incorporation by Reference.In this chapter the following documents are incorporated

by reference:A. Grade ‘‘A’’ Pasteurized Milk Ordinance, 2007 Revision

(U.S. Department of Health and Human Services, PublicHealth Service, Food and Drug Administration);

B. Federal Food, Drug, and Cosmetic Act, 21 U.S.C.§§401 — 417, as amended; and

C. Nutrition Labeling and Education Act of 1990 (PublicLaw 101-535), as amended.

.04 General Requirements.A. The Department shall ensure that all inspections, sam-

pling, testing, and enforcement actions performed by theState are carried out as set forth at and in compliance withthe standards, requirements, and procedures specified at:

(1) Health-General Article, Title 21, Annotated Code ofMaryland;

(2) Federal Food Drug and Cosmetic Act, 21 U.S.C.§§401 — 417;

(3) Nutrition Labeling and Education Act of 1990 (Pub-lic Law 101-535); and

(4) Grade ‘‘A’’ Pasteurized Milk Ordinance.B. A person engaged in an occupation involving Grade A

milk shall conduct all Grade A milk activities as set forth atand in compliance with the standards, requirements, andprocedures specified at:

(1) Health-General Article, Title 21, Annotated Code ofMaryland;

(2) Federal Food Drug and Cosmetic Act, 21 U.S.C.§§401 — 417;

(3) Nutrition Labeling and Education Act of 1990 (Pub-lic Law 101-535); and

(4) Grade ‘‘A’’ Pasteurized Milk Ordinance.

.05 Standards for Milk Products.A. A permittee shall ensure that all raw milk for pasteur-

ization and all pasteurized milk and milk products conformto the standards, requirements, and procedures establishedby the:

(1) Federal Food, Drug, and Cosmetic Act, 21 U.S.C.§§401 — 417;

(2) Nutrition Labeling and Education Act of 1990 (Pub-lic Law 101-535);

(3) Health-General Article, §§21-422 and 21-434, Anno-tated Code of Maryland; and

(4) Grade ‘‘A’’ Pasteurized Milk Ordinance.B. A bulk milk hauler/sampler shall ensure that:

(1) Bulk raw milk is delivered or received by the proces-sor or receiving station within 60 hours of the initial milk-ing;

(2) Bulk raw milk is picked up from every dairy farm atleast every other day; and

(3) The temperature of the bulk raw milk does not ex-ceed 45°F.

C. The person in charge of an official laboratory or offi-cially designated laboratory shall ensure that:

(1) The laboratory is operated according to the require-ments established by the Grade ‘‘A’’ Pasteurized Milk Ordi-nance; and

(2) All raw milk for pasteurization, all pasteurized milkand milk products, and all dairy product containers andlids are tested according to the requirements established bythe Grade ‘‘A’’ Pasteurized Milk Ordinance.

.06 Permits Required.A. Under Health-General Article, §§21-410 and 21-412,

Annotated Code of Maryland, a person shall obtain a permitfrom the Department and pay the required fee, as specifiedin COMAR 10.01.17, to the Department before that personmay:

(1) Be a:(a) Bobtailer;(b) Bulk milk hauler/sampler;(c) Certified industry dairy farm inspector;(d) Milk processor;(e) Milk producer; or(f) Seasonal milk producer; or

(2) Operate a:(a) Grade A distribution station;(b) Milk tank truck cleaning facility;(c) Milk transportation company;(d) Receiving station; or(e) Transfer station.

B. Under Health-General Article, §21-410(c), AnnotatedCode of Maryland, a permit is not required for:

(1) A milk producer who is outside the departmental in-spection area if the raw milk from that milk producer is pro-cessed by a milk processor who holds a permit issued underthis chapter;

(2) A bulk milk hauler/sampler who receives raw milkfrom outside the departmental inspection area;

(3) A grocery store, restaurant, soda fountain, or simi-lar establishment where milk products are served or sold atretail if:



(i) The establishment complies with all applicableprovisions of Health-General Article, Title 21, Subtitle 4, An-notated Code of Maryland, and all applicable rules or regu-lations; and

(ii) The milk product is received from a permittee;or

(4) A bulk milk hauler/sampler who is transporting asealed tanker and not producers’ samples.

.07 Inspection and Evaluation of Milk Productionand Transportation.

A. Under the standards set forth in the Grade ‘‘A’’ Pasteur-ized Milk Ordinance, the Secretary shall inspect:

(1) A milk tank truck;(2) A milk producer;(3) A seasonal milk producer;(4) A transfer station;(5) A milk tank truck cleaning facility;(6) A milk plant; and(7) A receiving station.

B. The Secretary shall inspect a Grade A distribution sta-tion at least once every 6 months.

C. The Secretary shall inspect a bobtailer at least once ev-ery 12 months.

D. Under the standards set forth in the Grade ‘‘A’’ Pasteur-ized Milk Ordinance, the Secretary shall evaluate:

(1) The ability of the certified industry dairy farm in-spector to perform dairy farm inspections and raw milk sam-pling;

(2) The pick-up and sampling procedures that a bulkmilk hauler/sampler performs; and

(3) The sampling procedures of the industry plant sam-pler.

E. The Secretary shall evaluate the sampling and exami-nation procedures of Grade A milk and milk products to en-sure that the sampling and examination procedures are con-ducted according to the standards set forth in the Grade ‘‘A’’Pasteurized Milk Ordinance.

.08 Improper Handling of Milk Products.A. Under Health-General Article, §21-428, Annotated

Code of Maryland, and to the standards set forth in theGrade ‘‘A’’ Pasteurized Milk Ordinance, the Secretary shallimpound Grade A milk or milk products intended for humanconsumption due to improper handling.

B. After impounding the Grade A milk or milk product,the Secretary may issue an order to:

(1) Dispose of the milk or milk product;(2) Make the milk or milk product unusable for con-

sumption; or(3) Under Health-General Article, §21-428, Annotated

Code of Maryland, impose a civil monetary penalty, as setforth in §C of this regulation.

C. The Secretary shall determine the amount of the civilmonetary penalty by multiplying the current milk price, asannounced by the Federal Milk Market Administrator, onthe date of the impounding by the volume of the milk listedon the shipping documents.

D. A person subject to an impoundment order may seeklegal recourse as set forth at Health-General Article, §21-428, by:

(1) Appealing a civil penalty; or(2) Bringing an action for damages.

.09 Labeling of Milk.A permittee shall ensure that milk product labels conform

to the standards and requirements established by the:

A. Federal Food, Drug, and Cosmetic Act, 21 U.S.C.,§§401 — 417;

B. Nutrition Labeling and Education Act of 1990 (PublicLaw 101-535);

C. Grade ‘‘A’’ Pasteurized Milk Ordinance; andD. Health-General Article, §§21-422, 21-424, and 21-425,

Annotated Code of Maryland.

.10 Dating of Grade A Fluid Milk.A. Under Health-General Article, §21-426, Annotated

Code of Maryland, a person may not sell, deliver, or offerGrade A fluid milk for sale after 30 days from the date ofprocessing.

B. A permittee shall conspicuously and legibly mark thecap or non-glass container of Grade A fluid milk with thewords ‘‘Sell by’’, followed by the designation of the monthand the day of the month after which the product may not besold, delivered, or offered for sale.

.11 Sale and Handling of Milk by Food Service Facili-ties.

A. Except as provided in §B of this regulation, a personmay not offer Grade A fluid milk for sale beyond the sell-bydate.

B. The following establishments may use or serve Grade Afluid milk up to 4 days beyond the sell-by date:

(1) Food service facilities;(2) Hospitals;(3) Schools;(4) Institutions; and(5) Places where milk is consumed on the premises.

C. An establishment listed in §B of this regulation shallensure that Grade A fluid milk is used by the establishmentnot later than 4 days beyond the sell-by date.

.12 Sale of Raw Milk.A. Under Health-General Article, §21-434, Annotated

Code of Maryland, a person may not sell raw milk for hu-man consumption.

B. A milk producer may sell raw milk from the milk pro-ducer’s dairy farm only to a:

(1) Receiving station;(2) Transfer station;(3) Milk plant; or(4) Milk marketing agency.

.13 Dairy Farm Construction and Plan Submission.Pursuant to the standards set forth in the Grade ‘‘A’’ Pas-

teurized Milk Ordinance, for construction, reconstruction, orextensive alteration of a dairy farm, a person shall submit:

A. Plans and specifications to the Department before:(1) Constructing or reconstructing a milk house, milk-

ing barn, milking stable, or milking parlor;(2) Converting or remodeling an existing building or

structure for use as a milk house, milking barn, milkingstable, or milking parlor; or

(3) Adding, modifying, or replacing:(a) A bulk milk tank;(b) A milking system;(c) Any part of a milking system;(d) A washing system;(e) Any part of a washing system; or(f) A cooling system, including a plate cooler or bulk

tank cooling system; andB. The following information to the Department:

(1) Contact information for the dairy farm, including:(a) The full names, titles, and telephone numbers of

the applicant;



(b) The mailing address;(c) The location; and(d) Directions to the site;

(2) A site drawing showing the location of the milkhouse, milking barn, milking stable, milking parlor, andeach animal housing area, with approximate distances infeet, to:

(a) Manure pits;(b) Cow yards;(c) Silos;(d) Wells or other approved water systems;(e) Septic systems;(f) Frost free style watering hydrants;(g) Ditches; and(h) Streams;

(3) A detailed drawing of the interior of the milk house,milking barn, milking stable, milking parlor, and each ani-mal housing area indicating dimensions and showing the lo-cation of:

(a) Equipment;(b) Pre-coolers;(c) Floor drains;(d) Lighting;(e) Hose bibs;(f) Watering troughs;(g) Frost free style watering hydrants;(h) Washing systems;(i) Chemical dispensers;(j) Compressors;(k) Back flow prevention devices; and(l) Toilets;

(4) For pipeline and milking system installations:(a) The make, model number, quantity, and specifica-

tions of milking equipment including pipeline and milkingunits;

(b) The make and model number of pumps used inthe milking system, including specifications such as horse-power and cubic feet per minute;

(c) A drawing of the parlor or barn showing the loca-tion of:

(i) Milking equipment;(ii) Pipeline, including size and length of the pip-

ing;(iii) Wash line, including size and length of the

wash line;(iv) Receiver, if applicable;(v) Pre-cooler, if applicable;(vi) Any other milk equipment; and(vii) The milk house, bulk tank, and animal hous-

ing area in relation to the milking parlor or milking barn;(d) A description and diagram of the location of the

back flow protection methods or devices that will be installedto protect the potable water supply on all plate coolers,chemical pumps, water lines, and other fixtures;

(e) The type, such as gas or electric, and capacity ofthe hot water heating system; and

(f) Information and specifications for booster orsupplemental heating systems, if utilized; and

(5) For bulk tank/milk cooling systems installation:(a) A drawing of the milk house with bulk tank loca-

tion, floor drain locations, and clearance dimensions on bothsides, in front, and above the manhole of the bulk tank;

(b) Specific floor, wall, and ceiling finishes, if part ofa new installation;

(c) Bulk tank specifications, including make, modelnumber, and capacity;

(d) Cooling system specifications, including make,model number, and capacity; and

(e) Pre-cooler type and British thermal units capabil-ity, if applicable.

.14 Dairy Farm Requirements.A milk producer shall ensure that:A. Construction of all equipment, milking barns, stables,

parlors, milk houses, and each animal housing area com-plies with the requirements of the Grade ‘‘A’’ PasteurizedMilk Ordinance and Regulation .13 of this chapter, as appli-cable;

B. Potable water:(1) Is obtained from a water supply system that com-

plies with:(a) Environment Article, Title 9, Annotated Code of

Maryland;(b) COMAR 26.04.04; and(c) The Grade ‘‘A’’ Pasteurized Milk Ordinance; and

(2) Meets the standards of quality specified in:(a) Environment Article, Title 9, Annotated Code of

Maryland;(b) COMAR 26.04.01; and(c) The Grade ‘‘A’’ Pasteurized Milk Ordinance;

C. A potable water system is:(1) Installed in a manner that prevents backflow or

back-siphoning; and(2) Not directly connected with a non-potable water sup-

ply system by which non-potable water can be drawn or dis-charged into the potable water supply system;

D. Hot and cold running water are provided in all areaswhere milking equipment is washed;

E. Sufficient water capacity, pressure, and hot water gen-eration and distribution are available to meet peak demandsthroughout the washing system;

F. A hand sink is located at the dairy farm milk houseand is equipped with:

(1) Hot and cold running water under pressure;(2) A supply of hand-cleaning soap or detergent; and(3) A sanitary means of drying hands, such as indi-

vidual towels or a hand-drying device;G. A sewage system is constructed and operated in con-

formance with applicable State and local laws, ordinances,and regulations and the Grade ‘‘A’’ Pasteurized Milk Ordi-nance;

H. Toilet facilities, if any, are constructed and operated inconformance with applicable State and local laws, ordi-nances, and regulations and the Grade ‘‘A’’ Pasteurized MilkOrdinance;

I. All plumbing is sized, installed, and maintained in ac-cordance with applicable State and local plumbing laws, or-dinances, and regulations; and

J. Electrical systems comply with State and local electri-cal laws, ordinances, and regulations, and the Grade ‘‘A’’Pasteurized Milk Ordinance.

.15 Milk Facility Construction and Plan Submission.Under the standards set forth in the Grade ‘‘A’’ Pasteurized

Milk Ordinance, for construction, reconstruction, or exten-sive alteration of a milk facility, a person shall submit to theDepartment:

A. Plans and specifications before:(1) A milk facility is constructed, reconstructed, or ex-

tensively altered;(2) An existing building or structure is converted or re-

modeled for use as a milk facility;



(3) A milk facility process is added, replaced, relocated,or modified; or

(4) A clean-in-place (CIP) or other washing system orany part of a CIP or other washing system is added, modi-fied, or replaced;

B. The following information:(1) Contact information for the facility, including:

(a) The full names, titles, and telephone numbers ofthe applicant;

(b) The mailing address;(c) The location; and(d) Directions to the site;

(2) A narrative describing the scope and purpose of theproject, including a projected time line from start to comple-tion;

(3) An estimate of finished product output per day;(4) A list of all products to be produced;(5) Sample product labels for each product;(6) A list of raw cream and skim, condensed, or any

other milk or milk products to be sold;(7) A list of single service container sources; and(8) Pest control and preventive maintenance plans;

C. A scale drawing showing the layout and arrangementof areas within and around the milk facility, including:

(1) Processing areas;(2) Chemical storage;(3) Dry storage;(4) Ingredient and product storage;(5) Receiving areas;(6) Load out areas;(7) Laboratory space;(8) Offices; and(9) Restroom facilities;

D. A scale drawing showing the location of all equipment,including:

(1) Pasteurizers and sterile systems;(2) Milk processing equipment;(3) Fillers;(4) Raw and pasteurized tanks and silos;(5) Clean in place (CIP) systems;(6) Glycol water tanks;(7) Recirculating cooling water tanks;(8) Boilers;(9) Boiler makeup tanks;(10) Culinary steam systems; and(11) Blow mold systems;

E. A scale drawing showing the location of plumbing andplumbing fixtures, including:

(1) Water lines;(2) Sewer lines;(3) Hands sinks;(4) Toilets;(5) Utility sinks;(6) Utensil washing sinks;(7) Floor drains;(8) Floor sinks;(9) Hose stations; and(10) All back flow prevention devices;

F. A legend for all drawings;G. Specifications including the following:

(1) Ventilation specifications including, but not limitedto, types and location of:

(a) Air filters;(b) Air pumps; and(c) Compressors;

(2) Construction material specifications for the buildingand interior finishes; and

(3) Pasteurizer plate cooler specifications, if separatefrom the pasteurization system;

H. A list and description of all boiler, glycol, and recircu-lating water additives and water treatment;

I. A description of the:(1) Type of disposal for wastewater and sewage;(2) Source and system for the facility’s potable water

supply; and(3) Lighting fixtures and placement;

J. The following for milk equipment and controls:(1) Specification sheets, including manufacturer and

model number of all equipment; and(2) A list of recirculating cooling systems;

K. A document that lists the flow for all products throughthe plant, grouped in categories, identifying each functionalpiece of equipment and each process used in processing andpackaging, including:

(1) Reclamation systems;(2) Standardization procedures or formulation proce-

dures, or both;(3) Vitamin addition protocol; and(4) Draining of product lines;

L. Plans, specifications, drawings, and flow diagrams foreach high temperature short time (HTST) and higher heatshort time (HHST) system, showing each functional compo-nent;

M. Clean-in-place (CIP) flow diagrams from the makeuptanks through all equipment;

N. Information and drawings on how separation fromproduct lines will be accomplished, if applicable;

O. Procedures for manual cleaning, including clean-out-of-place (COP) tank usage, if applicable;

P. Written policies for:(1) Antibiotic testing procedures, if applicable;(2) Sanitization procedures; and(3) Recall or trace back procedures; and

Q. Milk facility plans and drawings bearing the name of aprofessional engineer or a representative of the company per-forming the work.

.16 Milk Facility Requirements.A milk facility permittee shall ensure that:A. Water used at the facility:

(1) Is obtained from a potable water supply system thatcomplies with:

(a) Environment Article, Title 9, Annotated Code ofMaryland;

(b) COMAR 26.04.04; and(c) The Grade ‘‘A’’ Pasteurized Milk Ordinance; and

(2) Meets the standards of quality specified in:(a) Environment Article, Title 9, Annotated Code of

Maryland;(b) COMAR 26.04.01; and(c) The Grade ‘‘A’’ Pasteurized Milk Ordinance;

B. The milk facility’s water system is:(1) Installed in a manner that prevents backflow or

back-siphoning; and(2) Not directly connected with a non-potable water sup-

ply system by which non-potable water can be drawn or dis-charged into the potable water supply system.

C. Hot and cold running water is provided in all areaswhere milking equipment is washed;

D. Sufficient water capacity, pressure, and hot water gen-eration and distribution are available to meet peak demandsthroughout the washing system;



E. Hand sinks are equipped with:(1) Hot and cold running water under pressure;(2) A supply of hand-cleaning soap or detergent; and(3) A sanitary means of drying hands, such as indi-

vidual towels or a hand-drying device;F. A sewage system is constructed and operated in con-

formance with applicable State and local laws, ordinances,and regulations and the Grade ‘‘A’’ Pasteurized Milk Ordi-nance;

G. All plumbing is sized, installed, and maintained in ac-cordance with applicable State and local plumbing laws, or-dinances, and regulations; and

H. All electrical systems at the facility:(1) Comply with State and local electrical laws, ordi-

nances, and regulations;(2) Provide adequate lighting sources that furnish at

least 40 foot-candles of light in all working areas in allrooms where:

(a) Milk or milk products are handled, processed,packaged, or stored; or

(b) Containers, utensils, and equipment are washed;and

(3) Provide adequate lighting sources that furnish atleast 20 foot-candles of light in dry storage and cold storagerooms.

.17 Plan Review and Approval Process.The Department shall inform the applicant:A. That the plans and specifications have been received;B. That the applicant may not construct, reconstruct, or

extensively alter a dairy farm or milk facility without priorplan approval from the Department;

C. When additional information is required to complete aplan review of information required by this chapter andHealth-General Article, Title 21, Annotated Code of Mary-land;

D. That the plans and specifications are approved or de-nied; and

E. If the plan is denied, of the appeals process, as set forthin the State Government Article, Title 10, Subtitle 2, Anno-tated Code of Maryland.

.18 Confidentiality.The Department shall maintain confidentiality of records

submitted by a person as required by Maryland statute andregulation.

.19 Suspension and Revocation of Permits.A. When a permittee is found in violation of this chapter

and the Grade ‘‘A’’ Pasteurized Milk Ordinance, the Secre-tary may suspend or revoke a permit as set forth in this regu-lation and Health-General Article, §§21-211, 21-418, or 21-419, Annotated Code of Maryland or the Grade ‘‘A’’Pasteurized Milk Ordinance.

B. Except as otherwise provided in this regulation, beforesuspending a permit, the Secretary shall give to the permit-tee notice of intent to suspend as provided by Health-GeneralArticle, §21-418, Annotated Code of Maryland.

C. The Department may suspend a permit if the permitteefails or neglects to correct a violation within the specifiedtime period.

D. If a permit has been suspended more than once, theSecretary may revoke the permit.

E. The Department shall ensure that an opportunity for ahearing is provided to a person whose permit has been sus-pended or revoked.

F. In order to preserve a right to a hearing under any pro-vision of this regulation, a person shall:

(1) Make a request for a hearing in writing; and(2) Submit the request to the Department that issued

the order or inspection report:(a) Within 10 days of receipt of the order or inspection

report; or(b) Sooner if specified in the order or inspection re-

port.G. When an immediate and substantial danger is found

to exist to public health, safety, or welfare that imperativelyrequires emergency action, pursuant to Health-General Ar-ticle, §21-418(c) and State Government Article, §10-226(c)(2), Annotated Code of Maryland, the:

(1) Department shall:(a) Summarily suspend the permit;(b) Order the permittee to cease operation immedi-

ately; and(c) Promptly provide the permittee with:

(i) A written notice of the suspension of the permit;(ii) The reasons for the suspension; and(iii) An opportunity to be heard; and

(2) Permittee shall immediately cease operation uponthe receipt of the summary suspension order.


Title 13ASTATE BOARD OF EDUCATIONSubtitle 03 GENERAL INSTRUCTIONAL

PROGRAMS13A.03.02 Graduation Requirements for Pub-

lic High Schools in MarylandAuthority: Education Article, §§2-205, 4-110, 4-111, 7-205, 7-205.1, 7-206,



The Maryland State Board of Education proposes toamend Regulation .04 under COMAR 13A.03.02 Gradua-tion Requirements for Public High Schools in Mary-land. This action was considered at the Maryland StateBoard of Education meeting held on October 27, 2009.

Statement of PurposeThe purpose of this action is to update current science

graduation requirements to include environmental scienceas an option for a science credit.


posed action.







disabilities.

Opportunity for Public CommentComments may be sent to Mary L. Gable, Director of In-

structional Programs, Division of Instruction, MarylandState Department of Education, 200 West Baltimore Street,Baltimore, MD 21201, or call 410-767-0349, or email [email protected], or fax to 410-333-1146. Com-ments will be accepted through January 19, 2010. A publichearing has not been scheduled.

Open MeetingFinal action on the proposal will be considered by the

Maryland State Board of Education during a public meetingto be held on February 23 and 24, 2010, at 200 West Balti-more Street, Baltimore, MD 21201.

.04 Credit Requirements.A. To be awarded a diploma, a student shall be enrolled

in a Maryland public school system and shall have earned aminimum of 21 credits that include the following specifiedcore credits:

(1) — (5) (text unchanged)(6) Science — three credits of which one shall be in bi-

ology aligned with the Maryland High School Assessmentfor biology and two from the earth, life, environmental sci-ence, or physical sciences, or all of the above, in which labo-ratory experiences are an integral component;

(7) — (8) (text unchanged)(9) Earn one of the following:

(a) Two credits of [foreign] world language or twocredits of American Sign Language;

(b) — (c) (text unchanged)B. (text unchanged)


Title 14INDEPENDENT AGENCIES

Subtitle 30 STATE HIGHER EDUCATIONLABOR RELATIONS BOARD

14.30.12 Procedures Governing Employee In-formation

Authority: State Personnel and Pensions Article, §3-2A-08,Annotated Code of Maryland


The State Higher Education Labor Relations Board pro-poses to adopt new Regulation .01 under a new chapter,COMAR 14.30.12 Procedures Governing Employee In-formation. This action was considered at a public meetingheld on October 29, 2009.

Statement of PurposeThe purpose of this action is to clarify and supplement

State Personnel and Pensions Article, §3-2A-08, AnnotatedCode of Maryland.


posed action.





disabilities.

Opportunity for Public CommentComments may be sent to Erica L. Snipes, Executive Di-

rector, State Labor Relations Boards, 839 Bestgate Road,Suite 400, Annapolis, MD 21401, or call (410) 260-3216, oremail to [email protected], or fax to (410)260-3219. Comments will be accepted through January 19,2010. A public hearing has not been scheduled.

.01 Employer Notification of Disclosure of Informa-tion and Employee Opt-Out Provisions.

A. Employer Notification to Employees.(1) Thirty days before providing an employee’s name,

addresses, telephone numbers, and work information to anexclusive representative, as provided in State Personnel andPensions Article, §3-2A-08, Annotated Code of Maryland, theemploying institution shall notify the employee of the provi-sions of State Personnel and Pensions Article, §3-2A-08, An-notated Code of Maryland, and include in its notice themeans by which an employee may opt out as provided in§B(2) of this regulation.

(2) The employing institution shall provide notice to theemployees by signed and dated letter.

(3) Costs.(a) The exclusive representative requesting informa-

tion under this regulation shall bear the mailing costs forthe notification to employees.

(b) The employing institution may charge the exclu-sive representative requesting the employee information a feenot to exceed the actual cost of compiling the information.

(c) For purposes of calculating the actual cost, the em-ploying institution shall use the following hourly rates ofcompensation for the search and preparation of the re-quested information when the information is not readilyavailable:

(i) For administrative tasks, an hourly rate of com-pensation not to exceed $20 in fiscal year 2010, as may beincreased from time to time consistent with future cost of liv-ing adjustments for State employees provided for in the Statebudget; and

(ii) For programming to extract requested data,and other professional level work, as required, an hourlyrate of compensation not to exceed $30 in fiscal year 2010, asmay be increased from time to time consistent with futurecost of living adjustments for State employees provided for inthe State budget.

(d) The employing institution may not charge anysearch or preparation fee for the first 2 hours of official oremployee time that is needed to provide the requested infor-mation.

(e) The employing institution may charge a fee not toexceed 15 cents per page for providing photocopies of the re-quested information.



(4) Digital or Electronic Format.(a) The exclusive representative may request informa-

tion under this regulation in digital or electronic format.(b) If the requested information is available in digital

or electronic format, the employing institution shall complywith the request at no additional charge beyond the costs in-curred by the employing institution in compiling the infor-mation as provided in §A(3)(a) — (d) of this regulation.

B. Employee Opt-Out Provisions.(1) The provisions of §B(2) — (6) of this regulation do

not apply to the distribution of ratification ballots by the ex-clusive representative and do not preclude the exclusive rep-resentative from mailing ballots for a memorandum of un-derstanding ratification vote to bargaining unit employees’home addresses through a third-party mailer.

(2) For the purpose of calculating an employee’s re-sponse time to the employing institution’s notice under §B(3)of this regulation, it shall be presumed that the notice wasreceived by the employee 10 calendar days after the post-marked or metered date appearing on the envelope.

(3) The employee may, within 15 days of the employinginstitution’s notice under §A of this regulation, notify the em-ploying institution that the employee does not want the em-ployee’s name, addresses, telephone numbers, or work infor-mation to be provided to an exclusive representative,pursuant to §B(4) of this regulation.

(4) The employee may give the notice provided in §B(3)of this regulation by regular mail, facsimile, or in person, tothe address specified in the notice, using the form describedin §B(5) of this regulation for each method of notice.

(5) The employee shall use the form provided by the em-ploying institution to give the notice provided in §B(3) of thisregulation. The form shall instruct the employee to providethe following information:

(a) The employee’s name and home address;(b) The employee’s job title and worksite;(c) A statement that the employee does not want the

employee’s information as described in §B(3) of this regula-tion released to an exclusive representative;

(d) The date of the employee’s response; and(e) The employee’s signature.

(6) An opt-out under this section applies only to thoseinformation requests made under State Personnel and Pen-sions Article, §3-2A-08, Annotated Code of Maryland.

ERICA L. SNIPESExecutive Director

State Higher Education Labor Relations Board

Title 23BOARD OF PUBLIC WORKS

Subtitle 03 PUBLIC SCHOOL CONSTRUCTION23.03.02 Administration of the Public School

Construction ProgramAuthority: Education Article, §5-301, Annotated Code of Maryland


The Board of Public Works proposes to amend Regulation.06 under COMAR 23.03.02 Administration of the Pub-

lic School Construction Program. This action was con-sidered at a public meeting held on November 4, 2009, no-tice of which was published pursuant to State GovernmentArticle, §10-506, Annotated Code of Maryland. The amend-ments to Regulation .06 that were proposed in 36:10 Md. R.724 (May 8, 2009) are being withdrawn at this time.

Statement of PurposeThe purpose of this action is to clarify calculations of the

maximum State construction allocation for additions, reno-vations, replacements, and cooperative space and to setforth the maximum State construction allocation for limitedrenovations and BRAC-related projects.


posed action.

Estimate of Economic ImpactI. Summary of Economic Impact. The proposed action con-

cerns the calculation of State participation in school constructionproject. The results of these calculations may require local govern-ments to provide a greater or lesser amount of funding to fully sup-port the project.



A. On issuing agency: NONEB. On other State agencies: NONEC. On local governments: (E+/E-) Unknown






C. Local governments provide matching funds for projects ap-proved in the capital improvement program. The impact is impos-sible to say in advance until project scope, enrollments, etc. areanalyzed for each specific project.




disabilities.

Opportunity for Public CommentComments may be sent to David Lever, Executive Direc-

tor, Public School Construction Program, 200 W. BaltimoreSt., Baltimore, MD 21201, or call 410-767-0611, or email [email protected], or fax to 410-333-6522. Com-ments will be accepted through January 19, 2010. A publichearing has not been scheduled.

.06 Maximum State Construction Allocation.A. The maximum State construction allocation is the

[highest] maximum amount the State may fund of eligiblecosts for each public school construction project.

B. — E. (text unchanged)



F. The average Statewide per-square-foot school buildingcost that applies to each annual capital improvement pro-gram:

(1) Is established by July of the calendar year in whichapplications are submitted;

(2) Is based on:(a) Bids received for new school construction in the

prior year; and(b) Cost information derived from industry sources;

and(3) May be adjusted by the IAC to reflect market condi-

tions before submission of the final State capital improve-ment program, as described in Regulation .03D of this chap-ter.

[F.] G. New Construction. The maximum State construc-tion allocation for new construction is calculated accordingto either:

(1) (text unchanged)(2) The estimated or actual cost of construction multi-

plied by the State cost share percentage, not to exceed theamount calculated in §F(1) of this regulation.

[G. Renovations.] H. Renovation.(1) The maximum State construction allocation for

projects proposed to renovate buildings[,] or portions ofbuildings, [or systems,] 16 years old or older, is calculatedaccording to either:

(a) The following formula:(i) [Using] Beginning with the oldest portion of the

building, and using the maximum gross area allowance asthe upper limit, determine the eligible square footage of therenovation categorized according to the age group of thebuilding portion containing the renovation;

(ii) (text unchanged)(iii) Age of building portion containing renovation

as measured from January 1 following the IAC December 31submission of the preliminary State capital improvementprogram: 40 years or older — 100 percent; 31 to 39years — 85 percent; 26 to 30 years — 75 percent; 21 to 25years — 65 percent; 16 to 20 years — 50 percent; and 0 to15 years — 0 percent;

(iv) — (vii) (text unchanged)(b) The estimated or actual cost of construction mul-

tiplied by the State cost share percentage, not to exceed theamount calculated in §G(1)(a) of this regulation.

(2) Adjustments to Maximum State Construction Allo-cation for Renovation Projects. The IAC may recommend to:

(a) Subtract funding from the maximum State con-struction allocation that the State has approved for otherprojects less than 16 years old at that school; and

(b) Adjust the maximum State construction alloca-tion for renovation of a building that exceeds the maximumgross area allowance[; and] .

[(c) Set the maximum State construction allocationbased on a maximum gross area allowance greater thanthat established in §E of this regulation if there is a sub-stantial change in the use of the proposed school.]

(3) The State may not further participate in fundingprojects in the school within 15 years after the project isplaced in service.

I. Limited Renovation.(1) The estimated cost of construction of a limited reno-

vation may not exceed the estimated cost of construction for arenovation.

(2) The maximum State construction allocation for alimited renovation is calculated as follows:

(a) Multiply the estimated costs of construction, in-cluding site work, by the State cost share percentage; and

(b) Add to this product the contingency amount, fig-ured as a percentage of §I(2)(a) of this regulation.

(3) At the time of contract award, the actual funding isbased on the costs of items eligible for State participation, upto the maximum State construction allocation.

(4) Adjustments to Maximum State Construction Allo-cation for a Limited Renovation.

(a) The IAC may recommend subtracting from themaximum State construction allocation funding approvedfor other projects not older than 15 years old at that school.

(b) If projects in the school have been funded withinthe previous 15 years, the LEA shall provide documentationto identify all previously funded scope of work that may bereplaced or upgraded in the limited renovation.

(5) For a limited renovation, the new average year ofcompleted construction of the building or portion of thebuilding is determined by the average year of completed con-struction of the original building, plus the year of completedconstruction of the limited renovation, divided by 2.

(6) The State may further participate in fundingprojects in the school within 15 years after the project isplaced in service.

[H. Additions.] J. Addition. When a project involves anaddition only, the IAC at its discretion may calculate themaximum State allocation [is calculated] according to ei-ther:

(1) (text unchanged)(2) The estimated or actual cost of construction multi-

plied by the State cost share percentage.[I. Additions/Renovations.] K. Addition in Conjunction

with Renovation or Limited Renovation. When an additioninvolves both an addition and a renovation or a limitedrenovation, the maximum State construction allocation isestablished by adding the renovation or limited renovationmaximum State construction allocation calculated accord-ing to §G or H of this regulation and the addition (new con-struction) maximum State construction allocation calcu-lated according to [§F] §J of this regulation.

[J.] L. Replacement.(1) An LEA that proposes to abandon a facility or de-

molish more than 50 percent of the gross square footage of afacility shall submit a feasibility study to the reasonable sat-isfaction of the IAC.

(2) [The State capital improvement program] Based onthe review of the feasibility study, the IAC may set the maxi-mum State construction allocation [for an individualproject] for a replacement school based on the cost of reno-vating an existing school according to §H of this regulation,or the cost of building a [replacement] new school accordingto §G of this regulation.

(3) If the State approves renovating an existing schooland the LEA builds a replacement school, the IAC may re-duce the renovation maximum State construction allocationfor that project by 15 percent.

(4) The IAC or its designee may waive the requirementfor a feasibility study on submission of supporting documen-tation.

[K.] M. Forward-Funded [Projects] Project. [The] If themaximum State construction allocation for a forward-funded project is calculated [using the] according to the for-mulas in §G, H, or I of this regulation, the following factorsshall be applied:



(1) Maximum gross area allowance that applied on thebid-opening date[;], using the 7-year enrollment projectionsapplied as follows:

(a) If the bid opening was between October 1 andMarch 31, the prior September 30 enrollment is used as theapproved student enrollment; and

(b) If the bid opening was between April 1 and Sep-tember 30, the September 30 enrollment at the end of thattime frame is used as the approved student enrollment;

(2) Average square foot school building cost publishedby the IAC or its designee for the July that falls within thecalendar year of the bid-opening date; [and]

(3) State cost share percentage that applied on the bid-opening date[.] ; and

(4) For a limited renovation project, the amount of theawarded scope of work plus contingency, not to exceed themaximum State construction allocation as developed in§H(1)(a) of this regulation.

N. BRAC-Related Project.(1) An LEA may request that a project be designated as

a BRAC-related project to:(a) Provide additional capacity; or(b) Provide new or renovated space for educational

programs in preparation for new jobs on military bases thatare related to BRAC, as determined by the IAC or its desig-nee.

(2) A BRAC-related project shall meet the following cri-teria:

(a) The school shall be located within a certified pri-ority funding area;

(b) The school shall meet one or both of the followinglocation requirements:

(i) The school in which the project is proposed shallbe located less than 10 miles from the perimeter of a BRAC-affected military base; or

(ii) The school in which the project is proposedshall be located less than 20 minutes in driving time fromthe entrance gate of a BRAC-affected military base; and

(c) The LEA shall submit with the local capital im-provement program a comprehensive plan to upgrade thecondition of the entire facility to match the final condition ofthe proposed capital improvement project within 6 years ofthe application, or evidence that the facility is already inthat condition.

(3) If a project that is designated as a BRAC-relatedproject is also approved as a project for planning and fund-ing in an annual capital improvement program:

(a) Without an additional request for planning ap-proval, the LEA may request approval of supplemental Statefunding for the project in an annual capital improvementprogram after the elapse of a period to be determined by theIAC, but not less than 2 years from the time of projectcompletion;

(b) The supplemental State funding shall be basedon:

(i) The actual enrollments that have resulted fromBRAC actions, according to criteria established by the IAC,that are in excess by a minimum of 5 percent of the enroll-ment projections that applied at the time of approval or biddate of the BRAC-related project, whichever was earlier;

(ii) The cost of construction that was applicable onthe date of bid, according to either the formulas in §G, H, orI of this regulation, or the actual cost of construction, which-ever is less; and

(iii) The cost share percentage that was applicableat the time of bid; and

(c) The request for supplemental funding is to be sub-mitted as a new project request in the annual capital im-provement program, and will be considered for approval offunding according to the factors described in Regulation.03B(2) of this chapter.

[L.] O. Cooperative Use Space.(1) The maximum State construction allocation for an

approved project may include the State’s share of eligiblecosts to construct or renovate up to 3,000 gross square feetof co-located or shared space to support LEA or communityinitiatives to serve school children and the general commu-nity.

(2) This cooperative use space is in addition to the sizeof typical school-function areas provided by the LEA.

(3) There shall be a written agreement between thecounty board and the space occupant that establishes theterm and conditions.

SHEILA McDONALDExecutive Secretary

Board of Public Works

Title 25OFFICE OF THE

STATE TREASURERSubtitle 02 STATE INSURANCE PROGRAMS

25.02.07 Procurements of Insurance BrokerServices and Commercial Insurance Policies

Authority: State Finance and Procurement Article, §§9-102 — 9-105 and12-107,



The State Treasurer proposes to adopt new Regulations.01 — .04 under a new chapter, COMAR 25.02.07 Pro-curements of Insurance Broker Services and Com-mercial Insurance Policies.

Statement of PurposeThe purpose of this action is to allow the State Treasurer

to implement regulations regarding the procurement of in-surance and insurance services provided to the State ofMaryland. Given that all quotes for insurance broker ser-vices and commercial insurance coverage will be received bythe State Treasurer’s Office, a better regulated process willbe performed to select the coverage or service that is consid-ered most advantageous to the State.


posed action.







disabilities.

Opportunity for Public CommentComments may be sent to Cissy Blasi, Regulations Coor-

dinator, Maryland State Treasurer’s Office, 80 CalvertStreet, Annapolis, MD 21401, or call 410-260-6382, or emailto [email protected], or fax to 410-974-3530.Comments will be accepted through January 19, 2010. Apublic hearing has not been scheduled.

.01 General.A. Subject to the authority of the Board of Public Works,

the State Treasurer shall engage in and control the procure-ment of insurance and insurance services as provided inState Finance and Procurement Article, Annotated Code ofMaryland.

B. The procurement of insurance broker services shall beconducted in compliance with State Finance and Procure-ment Article, Division II, Title 9, Annotated Code of Mary-land, and COMAR Title 21.

.02 Commercial Insurance and Insurance Services.The State Treasurer may procure insurance and insurance

services from:A. Insurance brokers licensed in the State of Maryland

under Insurance Article, §§4-205 and 10-103, AnnotatedCode of Maryland;

B. Direct writing insurance companies authorized to dobusiness in the State; or

C. Another insurance-related program, plan, or providerthat is authorized to do business in the State.

.03 Publication of Solicitations and Contract Awards.A. All solicitations and awards by the State Treasurer for

insurance and insurance services shall be published in ac-cordance with the provisions of State Finance and Procure-ment Article, Division II, Annotated Code of Maryland, andCOMAR Title 21 and shall also be published on the StateTreasurer’s website.

B. The publication on the State Treasurer’s website of con-tract awards to insurance brokers shall also invite insurancecompanies to contact the insurance brokers directly to pro-vide quotes for insurance coverage.

C. Information regarding insurance policies and premi-ums obtained by the Maryland State Treasurer’s Officethrough insurance brokers shall be published on its website.

.04 Procurement by Insurance Broker of CommercialInsurance Policies.

A. When the Maryland State Treasurer’s Office awards acontract for insurance or insurance services to an insurancebroker, following contract award, the insurance broker shallprovide quotes and recommendations on commercial insur-ance policies.

B. The insurance broker shall provide at least two quotesfor all commercial insurance policies unless the insurancebroker is unable to provide multiple quotes or does not rec-ommend providing multiple quotes.

C. If the insurance broker is unable to provide multiplequotes, the insurance broker shall submit to the MarylandState Treasurer’s Office a letter of explanation that includesdocumentation from any insurance company that declines toquote on coverage. The Maryland State Treasurer’s Officeshall review the letter of explanation and direct the insur-ance broker how to proceed.

D. If the insurance broker does not recommend providingmultiple quotes, the insurance broker shall submit to the

Maryland State Treasurer’s Office a letter of explanation.The Maryland State Treasurer’s Office shall review the letterand direct the insurance broker how to proceed.

E. The Maryland State Treasurer’s Office shall decidewhether to accept or deny the insurance broker’s coveragerecommendations.

F. The Maryland State Treasurer’s Office shall select theinsurance policy, coverage, or service that it considers mostadvantageous to the State.

NANCY K. KOPPState Treasurer


THE ENVIRONMENTSubtitle 10 OIL POLLUTION AND TANK

MANAGEMENT26.10.01 Oil Pollution

Authority: Environment Article, §§4-401, 4-402, 4-405, 4-408 — 4-411,4-415, 4-415.1, and 4-417,



The Secretary of the Environment proposes to amendRegulations .04 and .12 under COMAR 26.10.01 Oil Pollu-tion.

Statement of PurposeThe purpose of this action is to correct a cross-reference

and to update certain documents incorporated by referenceto ensure the Department is adhering to the most recent in-dustry standards.


posed action.

Estimate of Economic ImpactI. Summary of Economic Impact. The Department of the En-

vironment (MDE) will be required to provide copies of the two up-dated reference standards to the State depository libraries andAELR as well as provide copies to supervisors, compliance fieldstaff, and engineers within the Oil Control Program.



A. On issuing agency: (E+) $700 one timeB. On other State agencies: NONEC. On local governments: NONE







III. Assumptions. (Identified by Impact Letter and Numberfrom Section II.) A. MDE must provide copies of updated Standardsto the State’s depository libraries and copies to the Oil Control Pro-gram’s engineers and supervisors. Although not required, it is ex-pected that some of the regulated industry and the trade profes-sions will purchase these documents as well.




disabilities.

Opportunity for Public CommentComments may be sent to Gail Castleman, Regulations

Coordinator, Maryland Department of Environment, 1800Washington Blvd., Baltimore, MD 21230, or call 410-537-3310, or email to [email protected], or fax to410-537-3156. Comments will be accepted through January19, 2010. A public hearing has not been scheduled.


Code of Maryland, NFPA 30 Flammable and CombustibleLiquids Code 2008 Edition and NFPA 30A Code for MotorFuel Dispensing Facilities and Repair Garages 2008 Editionhave been declared documents generally available to thepublic and appropriate for incorporation by reference. Forthis reason, they will not be printed in the Maryland Regis-ter or the Code of Maryland Regulations (COMAR). Copies ofthese documents are filed in special public depositories lo-cated throughout the State. A list of these depositories waspublished in 36:3 Md. R. 194 (January 30, 2009), and isavailable online at www.dsd.state.md.us. These documentsmay also be inspected at the office of the Division of StateDocuments, 16 Francis Street, Annapolis, Maryland 21401.

.04 Procedure for Removal.A. Responsibility for the prompt control, containment,

and removal of any oil discharge or threat of discharge shallbe with the person responsible for the discharge as definedin Environment Article, [§4-401(i)] §4-401, Annotated Codeof Maryland. For discharges occurring from improperlyabandoned storage systems, the current land owners, andany person who owned, leased, or was otherwise responsiblefor a system at the time it was abandoned shall also be re-sponsible. This responsibility shall continue until removalof the discharge or threat of discharge has been accom-plished to the satisfaction of the Department or designeespecified under Regulation .03C of this chapter.

B. — F. (text unchanged)

.12 Requirements for Above-Ground Oil Storage Fa-cilities.

A. Standards Incorporated by Reference.(1) (text unchanged)(2) The following National Fire Protection Association

standards are incorporated by reference:(a) ‘‘NFPA 30 Flammable and Combustible Liquids

Code [2000 Edition’’, as incorporated in COMAR 26.10.02.06A] 2008 Edition’’;

(b) (text unchanged)(c) ‘‘NFPA 30A Code for Motor Fuel Dispensing Fa-

cilities and Repair Garages [2000‘‘, as incorporated inCOMAR 26.10.02.06B] 2008 Edition’’.

(3) — (4) (text unchanged)B. (text unchanged)

SHARI T. WILSONSecretary of the Environment

Subtitle 10 OIL POLLUTION AND TANKMANAGEMENT

26.10.02 Underground Storage TanksAuthority: Environment Article §§4-401, 4-405, 4-409, 4-411, 4-411.1, 4-412,

4-415, and 4-417,Annotated Code of Maryland


The Secretary of the Environment proposes to amendRegulations .03-2 and .06 under COMAR 26.10.02 Under-ground Storage Tanks.

Statement of PurposeThe purpose of this action is to clarify the testing of new

gasoline UST systems in high-risk groundwater use areasby eliminating confusing wording and correcting an existingCOMAR citation and to update certain documents incorpo-rated by reference to ensure the Department is adhering tothe most recent industry standards.



Estimate of Economic ImpactI. Summary of Economic Impact. Regulation .03-2F: The in-

dustry brought to the Department’s attention that this regulationwas confusing and contradictory. The Department agreed, has pre-viously made affected UST owners aware of the intent of this regu-lation, and is now amending the regulation to clarify the intent. Asthere will be less testing and sampling requirements with theamended regulation, there will be a cost savings for the UST ownerand a loss of business for industries providing sampling and ana-lytical support.

Regulation .06: This regulatory change will require the Depart-ment to provide copies of the two updated reference standards tothe State depository libraries and AELR as well as provide copies tothe Oil Control Program’s Compliance Division.



A. On issuing agency: (E+) $1,900 one timeB. On other State agencies: (E�) UnquantifiableC. On local governments: (E�) Unquantifiable


D. On regulated industries ortrade groups: (+) Unquantifiable

E. On other industries or tradegroups: (�) Unquantifiable



A. Regulation .06: MDE must provide copies of updated stan-dards to the State’s depository libraries and copies to the Oil Con-trol Program’s Compliance Division. Although not required, it is ex-



pected that some of the regulated industry and the tradeprofessions will purchase these documents as well.

B., C. and D. Regulation .03-2: Although it is believed that gov-ernment agencies and regulated industries have been aware of theintent of this regulation and are performing the correct testing, theamendments will allow for a savings in the testing and sampling forthe systems. This change affects only new gasoline UST systems inthe high-risk groundwater use area, which is composed of Freder-ick, Carroll, Baltimore, Harford, and Cecil counties.

E. Regulation .03-2: Although other industries and trade groupshave been aware of the intent of this regulation and are generallyperforming the correct testing, the amendments may result in lessbusiness for those companies providing testing and sampling ser-vices for the systems. This regulation affects only new gasoline USTsystems in the high-risk groundwater use area, which is composedof Frederick, Carroll, Baltimore, Harford, and Cecil counties.




disabilities.


Coordinator, Maryland Department of the Environment,1800 Washington Blvd., Baltimore, MD 21230, or call 410-537-3310, or email to [email protected], or faxto 410-537-3156. Comments will be accepted through Janu-ary 19, 2010. A public hearing has not been scheduled.


Code of Maryland, Code for Motor Fuel Dispensing Facilitiesand Repair Garages (NFPA 30A, 2008 Edition) and InteriorLining and Periodic Inspection of Underground StorageTanks (API Standard 1631, Fifth Edition, June 2001) havebeen declared documents generally available to the publicand appropriate for incorporation by reference. For this rea-son, they will not be printed in the Maryland Register or theCode of Maryland Regulations (COMAR). Copies of thesedocuments are filed in special public depositories locatedthroughout the State. A list of these depositories was pub-lished in 36:3 Md. R. 194 (January 30, 2009), and is availableonline at www.dsd.state.md.us. These documents may alsobe inspected at the office of the Division of State Documents,16 Francis Street, Annapolis, Maryland 21401.

.03-2 New Gasoline UST System.The owner of a new gasoline UST system in a [high risk]

high-risk groundwater use area shall:A. — E. (text unchanged)F. In addition to requirements for release detection in

COMAR 26.10.05:(1) — (2) (text unchanged)(3) Annually thereafter[:

(a) Test the UST system in accordance with Regula-tion .03-4 B(1) of this chapter; and

(b) Sample] sample and test as required in§F(2)(a) — (b) of this regulation; and

(4) Test the UST system after any repairs are completedin accordance with Regulation .03-4[B(1)] A(2) of this chap-ter.

.06 Incorporation by Reference.In this subtitle, the following documents are incorporated

by reference:A. Flammable and Combustible Liquids Code (NFPA 30,

[2000] 2008 Edition);B. Code for Motor Fuel Dispensing Facilities and Repair

Garages (NFPA 30A, [2000] 2008 Edition);C. — F. (text unchanged)G. Interior Lining and Periodic Inspection of Under-

ground Storage Tanks (API [Recommended Practice 1631,Third Edition, April, 1992] Standard 1631, Fifth Edition,June 2001);

H. — K. (text unchanged)



26.10.14 Underground Storage Tank SiteCleanup Reimbursement

Authority: Environment Article, §§4-401, 4-402, 4-405, 4-408, 4-409, 4-410,4-411, 4-415, 4-415.1 and 4-417,



The Secretary of the Environment proposes to amendRegulation .03 under COMAR 26.10.14 UndergroundStorage Tank Site Cleanup Reimbursement.

Statement of PurposeThe purpose of this action is to correct a reference to En-

vironment Article, Annotated Code of Maryland, in COMAR26.10.14.03.


posed action.





disabilities.


Coordinator, Department of the Environment, 1800 Wash-ington Blvd., Baltimore, MD 21230, or call (410) 537-3310,or email to [email protected], or fax to (410)537-3156. Comments will be accepted through January 19,2010. A public hearing has not been scheduled.


(1) — (9) text unchanged)



(10) ‘‘Underground oil storage tank’’ has the meaningstated in Environment Article, [§4-401(k)] §4-401, Anno-tated Code of Maryland.



26.10.16 Trained Facility OperatorsAuthority: Environment Article, §§4-401, 4-402, 4-403, 4-405, 4-408, 4-409,4-410, 4-411, 4-411.1, 4-412, 4-415, 4-415.1, 4-416, 4-417, 4-418, and 4-419,



The Secretary of the Environment proposes to adopt newRegulations .01 — .08 under a new chapter, COMAR26.10.16 Trained Facility Operators.

Statement of PurposeThe purpose of this action is to implement federal grant

guidelines (required by Section 9010 of the Solid Waste Dis-posal Act, enacted by the Underground Storage Tank Com-pliance Act, Section 1524 of the U.S. Energy Policy Act of2005) by establishing requirements for the training, certifi-cation, duties, and responsibilities of three classes of facilityoperators. Those three classes of operators include:

(1) Persons having primary responsibility for on-siteoperation and maintenance of underground storage tanksystems (Class A operator);

(2) Persons having daily on-site responsibility for theoperation and maintenance of underground storage tanksystems (Class B operator); and

(3) Daily, on-site employees having primary responsi-bility for addressing emergencies presented by a spill or re-lease from an underground storage tank system (Class Coperator).

Section 9010 also required the U.S. Environmental Pro-tection Agency (EPA) to consider certain existing factorswhen developing its guidelines and specifically requiredeach state receiving Subtitle I funding to develop state-specific training requirements that are:

(1) Consistent with EPA’s guidelines;(2) Developed in cooperation with tank owners and op-

erators;(3) Consider training programs implemented by tank

owners and operators; and(4) Appropriately communicated to tank owners and

operators.Finally, Section 9010 required that all persons who are

subject to the operator training guidelines must:(1) Meet the state-specific training requirements; and(2) Repeat applicable requirements if the tank for

which they have primary daily on-site management respon-sibilities is determined to be out of compliance with a re-quirement or standard of 40 CFR 280, or a requirement orstandard of a state program approved under Section 9004.

The Maryland Department of the Environment operates aSection 9004 approved State program and receives fundingunder Subtitle I of the Solid Waste Disposal Act and istherefore required to develop these requirements to meetthe Grant Guidelines to States for Implementing the Opera-

tor Training Provision of the Energy Policy Act of 2005, pub-lished by EPA in August 2007.



Estimate of Economic ImpactI. Summary of Economic Impact. Regulations 01 — .08 re-

quire an UST facility owner, for each facility owned and regulatedunder Subtitle I of the Solid Waste Disposal Act, to designate atleast one Class A, B, and C operator for each facility. To be certifiedin a specific class, an operator must meet certain training and test-ing requirements and the programs established for this purposemust be reviewed and approved by the Department. The certifica-tion of these operators will require, in most instances, either theowner or the individual who wants to be certified to pay for thistraining. Additionally, the owner or individual may be required topay for the retraining of a certain operator if a facility demon-strates a pattern of noncompliance with COMAR 26.10.02 —COMAR 26.10.11.



A. On issuing agency: (E+) MinimalB. On other State agencies:

(1) See assumptions (E+) $75 — $650 peroperator

(2) See assumptions (E+) UnquantifiableC. On local governments:

(1) See assumptions (E+) $75 — $650 peroperator

(2) See assumptions (E+) UnquantifiableBenefit (+)Cost (�) Magnitude


(1) See assumptions (�) $75 — $650 peroperator

(2) See assumptions (�) MinimalE. On other industries or trade

groups:(1) See assumptions (�) $75 — $650 per

operator(2) See assumptions (+) Minimal



A. COMAR 26.10.16.05: MDE is required to establish minimumrequirements for Class A, Class B, and Class C operator certifica-tion programs; must subsequently have existing staff review andapprove each program to ensure consistency and content; and makeavailable a list of all approved programs. The initial implementa-tion of the requirements will divert staff from normal job duties,but any increased cost is expected to be minimal.

B(1), C(1), and D(1). COMAR 26.10.16.06 requires an owner of aqualified facility to have individuals certified as Class A, Class B,and Class C operators. Class A and Class B operators are allowed tobe responsible for multiple facilities operated by the same owner.However, there must be at least one Class C operator on-site. Alloperator classes must be available, at all times, for each attendedfacility when it is open for business and, for an unattended facility,be immediately accessible for consultation by telephone with MDEor emergency services. The Class C operator is a facility-specific in-dividual. Only limited information is available at this time for cer-tification programs and their cost. For a more experienced indi-vidual who is knowledgeable in the operation and maintenance ofunderground storage tanks (USTs), the cost of a 1-day course with



exam is estimated to be $75 — $100. For the minimally experiencedindividual, a three day training course which will qualify that indi-vidual as a Class A, Class B, and Class C operator upon passing thetest, the cost is estimated to be $625 — $675.

B(2), C(2), and D(2). COMAR 26.10.16.07 requires retraining ofan operator if a facility the operator is responsible for is not in com-pliance with the UST regulations. There are several options for re-training and MDE will determine which option the owner mustimplement. One option is for the operator to attend another certifi-cation program and pass a test. MDE does not believe full retrain-ing will be required often. However, an additional minimal expensewill be incurred when full retraining is required.

E(1). COMAR 26.10.16.05: MDE will review and approve all pro-posed operator training certification programs. Those companies orindividuals approved may need to hire additional training staff andwill be required to develop training materials and handouts, etc.Therefore, there will be an increased cost which cannot be quanti-fied; however, it is expected this cost will be recovered by the ap-proved programs as part of the fees charged to the individuals in-terested in becoming certified operators.

E(2). COMAR 26.10.16.06 and .07: For those companies receiv-ing MDE approval for operator certification programs, they willbenefit from revenues from training and retraining. Based on thelimited information available to MDE, a 1-day course is estimatedto cost $75 — $100 per individual and the cost per individual for amulti-day training and testing course is estimated to cost $625 —$675.




disabilities.


Coordinator, Department of the Environment, 1800 Wash-ington Blvd., Baltimore, MD 21230, or call 410-537-3310, oremail to [email protected], or fax to 410-537-3156. Comments will be accepted through January 19,2010. A public hearing has not been scheduled.

.01 Scope.A. This chapter applies to a regulated substance storage

facility having one or more UST systems that shall complywith the requirements of COMAR 26.10.02 — 11.

B. This chapter:(1) Does not apply to an UST system that stores only

heating oil for direct consumptive use;(2) Does not alter the definitions of an operator set forth

in COMAR 26.10.01.01B and COMAR 26.10.02.04B;(3) Does not apply to an individual defined as an opera-

tor under COMAR 26.10.01.01B or COMAR 26.10.02.04Bunless the owner of a regulated substance storage facilityidentifies that individual to serve as a Class A, B, or C op-erator for the facility;

(4) Does not relieve an owner or an operator of a regu-lated substance storage facility of the duty to comply with thelegal responsibilities under:

(a) 40 CFR Part 280;(b) Environment Article, Title 4, Annotated Code of

Maryland; or(c) COMAR 26.10.02 — .11;

(5) Does not alter the legal responsibilities under:(a) 40 CFR Part 280;(b) Environment Article, Title 4, Annotated Code of

Maryland; or

(c) COMAR 26.10.02 — .11 for, between, or amongowners and operators of regulated substance storage facili-ties; and

(6) Does not transfer the legal responsibilities under:(a) 40 CFR Part 280;(b) Environment Article, Title 4, Annotated Code of

Maryland; or(c) COMAR 26.10.02 — .11 for, between, or among

owners and operators of regulated substance storage facili-ties.



(1) ‘‘Attended regulated substance storage facility’’means a single location that has one or more UST systemsstoring a regulated substance as defined in COMAR26.10.02.04B at which an attendant or an employee is onduty and available at the location.

(2) ‘‘Certification program’’ means an informationalcourse, class, or set of training instructions approved by theDepartment for educating and certifying a Class A, B, or Coperator to comply with this chapter.

(3) ‘‘Regulated substance storage facility’’ means asingle location, either attended or unattended, that has oneor more UST systems in which a regulated substance as de-fined in COMAR 26.10.02.04B is stored.

(4) ‘‘Unattended regulated substance storage facility’’means a single location that has one or more UST systemsstoring a regulated substance as defined in COMAR26.10.02.04B at which no attendant or employee is on dutyand available at the location.

.03 Implementation.A. This chapter establishes a Class A, B, and C operator

with required knowledge, duties, skills, training, certifica-tions, and availability.

B. By August 8, 2012, the owner of a regulated substancestorage facility shall:

(1) Identify by a written list one or more individuals toserve as the Class A, B, and C operator for the facility;

(2) Ensure that an operator identified in §B(1) of thisregulation is trained and certified in accordance with thischapter;

(3) Provide written instructions for the facility’s USTsystems that are readily accessible at all times to an operatoridentified in §B(1) of this regulation that describe how to:

(a) Respond to operational or equipment alarms,warnings, or alert mechanisms;

(b) Implement the emergency shutoff process;(c) Respond to a suspected or confirmed release, un-

usual operating conditions, emergencies, and equipmentfailures; and

(d) Notify the Department of a release in accordancewith:

(i) Environment Article, §4-410, Annotated Code ofMaryland;

(ii) COMAR 26.10.01.03; and(iii) COMAR 26.10.08.01 — .04; and

(4) Provide emergency telephone numbers for contactingpersons responsible for the facility in the event of a suspectedor confirmed release, unusual operating conditions, emer-gencies, and equipment failures that:

(a) For an attended facility, are readily accessible on-site to Class A, B, and C operators and other facility person-nel; or



(b) For an unattended facility, are conspicuouslyposted on a sign not less than 8 by 10 inches in size withlettering not less than one inch high and that is visible to thepublic.

C. On and after August 8, 2012, a regulated substancestorage facility may not:

(1) Dispense or store a regulated substance unless ClassA, B, and C operators have been designated, trained, andcertified as required by this chapter; and

(2) For an attended regulated substance storage facility,dispense a regulated substance unless at least one Class A,B, or C operator is present at the facility.

D. On and after August 8, 2012, the owner of a regulatedsubstance storage facility shall ensure that:

(1) The facility continuously has one or more individu-als designated, trained, and certified to serve as the Class A,B, and C operator as required by this chapter;

(2) New or replacement Class A and Class B operatorsare trained and certified within 30 days after assuming du-ties and responsibilities of these classes;

(3) A new or replacement Class C operator is trainedand certified before assuming duties and responsibilities ofthis class; and

(4) The following documents are updated within 10business days of a change:

(a) The written list set forth in §B(1) of this regula-tion;

(b) The written instructions set forth in §B(3) of thisregulation; and

(c) The emergency telephone numbers set forth in§B(4) of this regulation.

E. On and after August 8, 2012, the owner of an unat-tended regulated substance storage facility shall ensure that:

(1) A Class A, B, or C operator inspects the facility for asuspected or confirmed release, unusual operating condi-tions, emergencies, and equipment failures once every 24hours or at a frequency approved by the Department; and

(2) A written record of the inspection is maintained bythe owner and made available upon request by the Depart-ment or its certified inspectors.

.04 Operator Classes.A. A person may be designated, trained, and certified to

serve in more than one operator class.B. A Class A operator shall have the knowledge, skills,

and training to execute duties that shall include:(1) Primary responsibility for operating and maintain-

ing one or more UST systems at a regulated substance stor-age facility;

(2) Routine management of resources and personnel,which may include establishing work assignments;

(3) Ensuring that, in accordance with COMAR26.10.02 — .11:

(a) An UST system is repaired by a qualified person;(b) An upgraded, new, or replacement UST system is

installed by a certified technician;(c) A qualified person is implementing the operation,

maintenance, testing, and record-keeping requirements foran UST system that shall include:

(i) Spill and overfill prevention;(ii) Release detection, reporting, and emergency re-

sponse;(iii) Corrosion protection;(iv) Product and equipment compatibility;(v) Financial responsibility;(vi) UST notification and registration;

(vii) UST temporary and permanent closure; and(viii) Operator training and certification; and

(d) Records required to demonstrate compliance aremaintained and made available upon request by the Depart-ment or its certified inspectors;

(4) Maintaining knowledge of the skills and training re-quirements for a Class B and a Class C operator;

(5) Successfully completing operator training requiredby this chapter and approved by the Department; and

(6) Being available to respond to a suspected or con-firmed release, unusual operating conditions, emergencies,and equipment failures at a regulated substance storage fa-cility by meeting the following requirements:

(a) Be immediately accessible for consultation by tele-phone when the facility is operating; and

(b) Be on-site within 24 hours of a request to respondto the facility by emergency response personnel or the De-partment.

C. A Class B operator shall have the knowledge, skills,and training to execute duties that shall include:

(1) Primary responsibility for implementation ofCOMAR 26.10.02 — .11 through the daily operation, main-tenance, testing, and record keeping of an UST;

(2) Ensuring that, in accordance with COMAR26.10.02 — .11:

(a) UST release detection methods and release pre-vention equipment are operational and testing is performed;

(b) Release detection reporting requirements are met;(c) Spill prevention, overfill prevention, and corrosion

protection equipment are inspected for proper operation;(d) UST system equipment tests are performed;(e) UST equipment manufacturer and third-party

performance standards, manuals, and instructions areavailable and followed;

(f) Records required to demonstrate compliance aremaintained and made available upon request by the Depart-ment or its certified inspectors; and

(g) A Class C operator is trained to respond properlyto a suspected or confirmed release, unusual operating con-ditions, emergencies, and equipment failures in accordancewith the requirements in §D of this regulation;

(3) Maintaining knowledge of the skills and trainingrequirements for a Class C operator;



(a) Be immediately accessible for consultation by tele-phone when the facility is operating; and

(b) Be on-site within 24 hours of a request to respondto the facility by emergency response personnel or the De-partment.

D. A Class C operator shall have the knowledge, skills,and training to execute duties that shall include:

(1) Controlling and monitoring the dispensing or sale ofa regulated substance;

(2) Immediately responding to alarms, equipment fail-ures, or other indications of emergencies caused by a releaseor spill from an UST system;

(3) Notifying a Class A or a Class B operator, appropri-ate emergency response personnel, and the Department in ac-cordance with the written instructions provided by the owneras set forth in Regulation .03B(3) of this chapter;





(a) For an attended facility, be on-site and readilyavailable whenever the facility is operating; or

(b) For an unattended facility:(i) Be immediately accessible for consultation by

telephone with emergency response personnel or the Depart-ment; and

(ii) Be on-site within 2 hours of a request to respondto the facility by emergency response personnel or the De-partment or within a time approved by the Department.

E. A Class C operator certification shall be facility-specific and is not valid at another regulated substance stor-age facility.

.05 Certification Programs.A. The Department shall:

(1) Establish and make available the minimum require-ments for any certification programs;

(2) Review and approve certification programs for ClassA, B, and C operators; and

(3) Make available a list of approved certification pro-grams.

B. A person implementing a certification program shall:(1) Provide operator training in accordance with:

(a) The minimum requirements established by theDepartment;

(b) The requirements of this chapter; and(c) A Department-approved certification program;

(2) Obtain in writing from the Department approval fora change to an approved program;

(3) For a Class A and a Class B operator, provide adated certificate to an operator that has successfully com-pleted a program;

(4) Maintain the following records:(a) Date and location of training;(b) Names of trainers providing services to the pro-

gram;(c) Names of trainees in attendance;(d) Names of trainees certified as Class A, B, or C

operators; and(e) A copy of the dated certificate identified in §B(3) of

this regulation;(5) Make records available upon request by the Depart-

ment or its certified inspectors; and(6) Allow the Department to audit an operator training

certification program.C. Reciprocity.

(1) The Department may allow a Class A or a Class Boperator certification from another state to satisfy the re-quirements of this chapter.

(2) The individual requesting reciprocity shall demon-strate to the satisfaction of the Department that the operatorcertification requirements and the UST regulations wherethe individual is presently certified are at least as stringentas COMAR 26.10.02 — .11.

.06 Certification.A. Except for certification received under §C of this regu-

lation, successful completion of training for a Class A or aClass B operator shall include:

(1) Attendance of 100 percent during the certificationprogram; and

(2) A score of 80 percent or better on a written compe-tency test of the information presented.

B. Except for certification received under §C of this regu-lation, successful completion of training for a Class C opera-tor shall include:

(1) Attendance of 100 percent during the certificationprogram;

(2) A score of 80 percent or better on a written compe-tency test of the information presented;

(3) Demonstrating to a Class A or a Class B operator ofthe facility an understanding of the written instructions re-quired by Regulation .03B(3) of this chapter; and

(4) Written verification from the Class A or the Class Boperator of compliance with §B(3) of this regulation thatshall be maintained with the Class C operator’s certificateand the owner’s records.

C. An operator serving at only one regulated substancestorage facility may participate in an operator certificationprogram conducted on-site at the operator’s facility by com-pleting training that shall include:

(1) For a Class A operator, demonstrating to the trainer:(a) Knowledge of regulatory compliance requirements

for an UST system;(b) Competence in the knowledge, duties, and skills

described in Regulation .04B of this chapter;(c) Knowledge of the operation, maintenance, and

testing requirements for the UST system equipment at thefacility; and

(d) The ability to make informed decisions on regula-tory compliance for an UST system;

(2) For a Class B operator, demonstrating to the trainer:(a) Knowledge of regulatory compliance requirements

for an UST system;(b) Competence in the knowledge, duties, and skills

described in Regulation .04C of this chapter; and(c) Knowledge of the operation, maintenance, and

testing requirements for an UST system at the facility, in-cluding:

(i) Ancillary equipment and components;(ii) Construction materials; and(iii) Release prevention and detection methods; and

(3) For a Class C operator, demonstrating to the trainer:(a) Competence in the knowledge, duties, and skills

described in Regulation .04D of this chapter; and(b) An understanding of the written instructions re-

quired by Regulation .03B(3) of this chapter.D. A certified Class A or Class B operator for a regulated

substance storage facility may train and certify a Class Coperator for that facility without approval by the Depart-ment by meeting the following requirements:

(1) The training meets the minimum requirements es-tablished by the Department for a Class C operator;

(2) The successful completion of the training requires aClass C operator to meet the requirements of §C(3) of thisregulation; and

(3) Upon successful completion, the Class A or the ClassB operator provides a dated certificate to the Class C opera-tor and the owner for that facility.

.07 Sanctions.A. Owners.

(1) If the Department determines a regulated substancestorage facility is not in compliance with COMAR26.10.02 — .11 the Department shall document the defi-ciency.



(2) The Department shall require the owner of the facil-ity to implement one or more of the following for a listed op-erator specified by the Department:

(a) Retraining and recertification under this chapter;(b) Partial retraining in certain duties, skills, and

knowledge areas in a manner specified by the Department;and

(c) On-site retraining in certain duties, skills, andknowledge areas by a Department representative.

(3) The owner shall submit written verification to theDepartment within 30 days of the Department’s directivethat retraining under §A(2) of this regulation is completed.

B. Operators.(1) An operator certification obtained under this chap-

ter may be suspended or revoked in accordance with StateGovernment Article, §10-226(a) and (c), Annotated Code ofMaryland.

(2) The Department may suspend or revoke the certifica-tion of a Class A, B, or C operator if one or more of the fol-lowing occurs:

(a) The regulated substance storage facility where theoperator is assigned demonstrates repeated violations andnoncompliance with COMAR 26.10.02 — .11; or

(b) The operator:(i) Demonstrates noncompliance with Regulation

.04 of this chapter;(ii) Demonstrates disregard or repeated violations

of COMAR 26.10.02 — .11; or(iii) Submits false information to the Department.

C. Certification Programs.(1) The Department may deny an application for a cer-

tification program if the applicant has demonstrated a his-tory of noncompliance with the provisions of COMAR26.10.02 — .11.

(2) The Department may suspend or revoke approval ofa certification program if the program or a trainer for theprogram does one or more of the following:

(a) Demonstrates disregard or repeated violations ofCOMAR 26.10.02 — .11; or

(b) Submits false information to the Department.D. Revocation.

(1) An operator whose certification is revoked may notapply for a new certification for 2 years from the date of re-vocation.

(2) An owner shall surrender an operator certificationdocument to the Department upon notification of suspensionor revocation.

E. In addition to the sanctions provided by this regula-tion, a person violating a provision of this chapter shall besubject to sanctions under Environment Article, Title 4, Sub-title 4, Annotated Code of Maryland, and any other sanc-tions provided by law.

.08 Record Keeping.The owner of a regulated substance storage facility shall

maintain and make available upon request by the Depart-ment or its certified inspectors the following:

A. A list of certified Class A, B, and C operators currentlyemployed by the owner and required by Regulation .03B(1)of this chapter, which includes:

(1) The operator’s name, mailing address, and emer-gency contact number;

(2) The name of each facility to which the operator isassigned; and

(3) The names and dates of any certification programscompleted by the operator;

B. Copies of operator training certificates; and

C. Copies of the inspection records required in Regulation.03E(2) of this chapter.


Subtitle 11 AIR QUALITY26.11.19 Volatile Organic Compounds from

Specific ProcessesAuthority: Environment Article, §§1-101, 1-404, 2-101 — 2-103,

2-301 — 2-303, 10-102, and 10-103,Annotated Code of Maryland


The Secretary of the Environment proposes to amendRegulation .07 under COMAR 26.11.19 Volatile OrganicCompounds from Specific Processes.

Statement of PurposeThe purpose of this action is to adopt the requirements of

the U.S. Environmental Protection Agency (EPA) ControlTechniques Guidelines (CTG) for paper, film and foil coat-ing. EPA develops CTGs as guidance on control require-ments for source categories. States can follow the CTGs oradopt more restrictive standards. MDE proposes to adoptthe CTG standards for paper, film, and foil coatings.

This action will be submitted to EPA for approval as a re-vision to Maryland’s State Implementation Plan.Background:

In 1977, EPA published a CTG for controlling VOC emis-sions from surface coating of paper. In October 1983, EPApromulgated the new source performance standards (NSPS)for surface coating of pressure sensitive tape and labels(1983 NSPS) which is a subset of the paper, film, and foilsurface coating industry. In December 2002, EPA promul-gated the National Emission Standards for Hazardous AirPollutants: Paper and Other Web Coating (2002 NESHAP).

The 1977 CTG, 1983 NSPS, and 2002 NESHAP provideinformation on the paper, film, and foil surface coating in-dustry, VOC emissions, organic HAP emissions, availablecontrol technologies for addressing such emissions and thecosts of available control option. The 1977 CTG recommendsand the 1982 NSPS establishes VOC emission limits,whereas the 2002 NESHAP establishes organic HAP emis-sion limits and does not address non-HAP VOC.

The paper, film and foil coatings product category listedunder section 183(e) of the CAA includes coatings that areapplied to paper, film, or foil surfaces in the manufacturingof several major product types: pressure sensitive tape andlabels; photographic film; industrial and decorative lami-nates; abrasive products (including fabric coated for use inabrasive products) and flexible packaging (including coatingof non-woven polymer substrates for use in flexible packag-ing). The category also includes coatings applied duringmiscellaneous coating operations for several products in-cluding: corrugated and solid fiber boxes; die-cut paper pa-perboard and cardboard; converted paper and paperboard;folding paperboard boxes, including sanitary boxes; mani-fold business forms and related products; plastic ascepticpackaging; and carbon paper and inked ribbons.

Coating performed on or in-line with any offset litho-graphic, screen, letterpress, flexographic, rotogravure, or



digital printing press is not part of the paper, film and foilcoating category.Affected Sources and Location:

These proposed amendments affect sources that coatpressure sensitive tape and labels, photographic film, indus-trial and decorative laminates, abrasive products, flexiblepackaging, corrugated and solid fiber boxes, die-cut paperpaperboard, cardboard, converted paper and paperboard,folding paperboard boxes, manifold business forms and re-lated products, plastic asceptic packaging, and carbon paperand inked ribbons. These sources are located in the ozoneand PM nonattainment areas.Regulation Amendments:

These amendments establish VOC requirements for coat-ing lines that have potential to emit 25 tons or greater peryear. A person subject to this regulation may either meetVOC emission limits or use an add-on emission control de-vice to reduce VOC emissions by 90 percent.Expected Emissions Reductions:

The proposed amendments establish standards for coat-ings of paper, film, and foil. Emissions of VOC are expectedto be reduced by 90 percent on a national basis from paper,film, and foil coating operations as a result of the combina-tion of NESHAP and CTG standards. This reduction will bemuch less in Maryland as MDE has already had regulationsin place which have reduced VOC emissions from the coat-ing of paper, film, and foil and cleaning materials. VOCemissions have been reduced by 0.2 tons per day as a resultof NESHAP standards. The maximum benefit from theseamendments will be provided during the ozone season whenVOCs readily combine with NOx to form the pollutantground level ozone.



Estimate of Economic ImpactI. Summary of Economic Impact. These proposed regulatory

amendments adopt the requirements of EPA’s CTG for paper, filmand foil. The economic impact of these amendments has been esti-mated by EPA on a national level. Cost effectiveness is approxi-mately $1,200/ton of VOC controlled. The impact on the Depart-ment is going to be minimal as some of the applicable standardshave changed.



A. On issuing agency: (E+) MinimalB. On other State agencies: NONEC. On local governments: NONE


D. On regulated industries ortrade groups: (�) $1,200/ton VOC

E. On other industries or tradegroups:

(+) Unable to Esti-mate

F. Direct and indirect effects onpublic:



A. The impact is minimal as some of the applicable standardshave changed. Inspections and reporting would be required if newmaterials are used or an add-on control device is installed.

D. The estimate is based on EPA estimates for compliance withthe requirements of the CTG.

E. The economic impact of the proposed amendments upon otherindustries is minimal as few sources will be installing controls.

F. This action will help improve Maryland’s air quality and willresult in fewer negative health effects on the general public fromair pollution.




disabilities as follows: This action will have a positive im-pact on individuals with disabilities involving respiratoryproblems by reducing air pollutants that contribute to dis-ease.

Opportunity for Public CommentThe Department of the Environment will hold a public

hearing on the proposed action on January 21, 2010 at 10a.m. at the Department of the Environment, 1800 Washing-ton Boulevard, 1st Floor Aeris Conference Room, Baltimore,Maryland 21230-1720. Interested persons are invited to at-tend and express their views. Comments may be sent toDeborah Rabin, Regulations Coordinator, Air and RadiationManagement Administration, Department of the Environ-ment, 1800 Washington Boulevard, Suite 730, Baltimore,Maryland 21230-1720, or emailed to [email protected]. Comments must be received not later than January21, 2010, or be submitted at the hearing. For more informa-tion, call Deborah Rabin at (410) 537-3240.

Copies of the proposed action and supporting documentsare available for review at the following locations: The Airand Radiation Management Administration; regional officesof the Department in Cumberland and Salisbury; all localair quality control offices; and local health departments inthose counties not having separate air quality control of-fices.

Anyone needing special accommodations at the publichearing should contact the Department’s Fair Practices Of-fice at (410) 537-3964. TTY users may contact the Depart-ment through the Maryland Relay Service at 1-800-735-2258.

.07 Paper, Fabric, Film, Foil, Vinyl, and Other PlasticParts Coating.

A. Definitions. In this regulation, the following termshave the meanings indicated:

(1) ‘‘Coating line’’ means any number or combination ofadhesive, release, or pre-coat coating applicators, flash-offareas, and ovens that:

(a) Coat a continuous web;(b) Are located between one or more web unwind or

feed stations and one or more rewind or cutting stations; and(c) Are used to apply a paper, film, or foil products

coating as a continuous layer across any portion of the widthof a web substrate, to:

(i) Provide a covering, finish, or functional or pro-tective layer to a substrate;

(ii) Saturate a substrate for lamination; or(iii) Provide adhesion between two substrates for

lamination.(2) ‘‘Coating solids applied’’ means the solids content of

the coated paper, film, or foil products coating as measuredby EPA Method 24.

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



(4) ‘‘Flash-off area’’ means the area between two or moreconsecutive coating applicators or between a coating applica-tor and a drying oven.

[(2)] (5) (text unchanged)(6) Paper, Film, and Foil Product.

(a) ‘‘Paper, film, and foil product’’ means any productmade from paper, fabric, film, or foil surfaces or substratesmanufactured for the following industry sectors:

(i) Pressure sensitive tape and labels, includingfabric coated for use in pressure sensitive tapes and labels;

(ii) Photographic film;(iii) Industrial and decorative laminates;(iv) Abrasive products, including fabric coated for

use in abrasive products; and(v) Flexible packaging, including coating of non-

woven polymer substrates for use in flexible packaging; and(b) ‘‘Paper, film, and foil product’’ includes the follow-

ing products:(i) Corrugated and solid fiber boxes;(ii) Die-cut paper, paperboard, and cardboard;(iii) Converted paper and paperboard not elsewhere

classified;(iv) Folding paperboard boxes, including sanitary

boxes;(v) Manifold business forms and related products;(vi) Plastic aseptic packaging; and(vii) Carbon paper and inked ribbons.

(7) Paper, Film, and Foil Product Coating.(a) ‘‘Paper, film, and foil product coating’’ means any

coating applied to paper or fabric for use in pressure sensi-tive tapes and labels, film, or foil surfaces or substrates dur-ing the manufacture of paper, film, and foil products;

(b) ‘‘Paper, film, and foil product coating’’ includesany coating applied to a substrate used to manufacture pa-per, film, and foil products to:

(i) Provide a covering, finish, or functional or pro-tective layer to a substrate;

(ii) Saturate a substrate for lamination; or(iii) Provide adhesion between two substrates for

lamination.(c) ‘‘Paper, film, and foil product coating’’ does not in-

clude:(i) Any coating applied individually or in a line

with any offset lithographic, screen, letterpress, flexographic,rotogravure, or digital printing press; or

(ii) Any coating applied by presses and on machinecoaters that function as part of an in-line papermaking sys-tem.

[(2-1)] (8) (text unchanged)(9) ‘‘Pressure sensitive tape and label surface coating’’

means a paper, film, foil, or fabric coating that is applied topressure sensitive tapes and labels.

[(3)] (10) — [(5)] (12) (text unchanged)B. Applicability.

[(1) This regulation applies to a person who owns oroperates any coating or printing installation that is listed inand that has VOC emissions equal to or greater than theapplicability levels in §C(2) and (3) of this regulation.]

[(2)] (1) (text unchanged)(2) This regulation does not apply to any adhesive ap-

plication that is subject to the provisions of Regulation .15 ofthis chapter.

(3) A person who owns or operates a coating line withthe potential to emit 25 tons or greater per year of VOC fromcoatings, prior to controls, is subject to the requirements of

§D of this regulation and is exempt from the requirements in§C of this regulation.

C. (text unchanged)D. Emission Standards for Paper, Film, and Foil Product

Coating with VOC Emissions (Potential to Emit) of 25 Tonsor Greater Per Year.

(1) A person who meets the applicability level of §B(3) ofthis regulation shall:

(a) Use add-on air pollution control equipment to re-duce VOCs from the coating line by an overall capture andcontrol efficiency of at least 90 percent, by weight; or

(b) Meet the following emission standard for eachcoating line installation:

Paper, Film, and FoilCoating

Emission Standard (Ratio)

lb VOC/ lbsolidsorkg VOC/kgsolids

lb VOC/lbcoatingorkg VOC/kgcoating

Paper, Film, and FoilCoating other than a Pres-sure Sensitive Tape andLabel Surface Coating

0.40 0.08

Pressure Sensitive Tapeand Label Surface Coating

0.20 0.06

(2) If air pollution control equipment is used to meet§D(1) of this regulation, the following requirements apply:

(a) If a thermal oxidizer is used, the combustion zonetemperature shall be continuously monitored;

(b) If a catalytic oxidizer is used, inlet and exhaustgas temperatures shall be continuously monitored; and

(c) If a carbon adsorption system or other control de-vice is used, the Department shall establish the operating pa-rameters to be continuously monitored in the permit to con-struct authorizing installation of the control device.

(3) Operational records sufficient to demonstrate com-pliance with the requirements of this regulation shall bemaintained on-site as required by Regulation .02F of thischapter.






The Secretary of the Environment proposes to adopt newRegulation .09-1 under COMAR 26.11.19 Volatile Or-ganic Compounds from Specific Processes.


the U.S. Environmental Protection Agency (EPA) ControlTechniques Guidelines (CTG) for industrial cleaning sol-vents. EPA develops CTGs as guidance on control require-



ments for source categories. States can follow the CTGs oradopt more restrictive standards. MDE proposes to adoptthe CTG standards for industrial cleaning solvents.

This action will be submitted to EPA for approval as a re-vision to Maryland’s State Implementation Plan.

Background:Industrial cleaning solvents are used in many different

industries. These solvents are used to remove contaminantssuch as adhesives, inks, paint, dirt, soil, oil, and grease.Contaminants are removed from parts, products, tools, ma-chinery, equipment, vessels, floors, walls, and other produc-tion related work areas for a variety of reasons includingsafety, operability, and protection. The cleaning solventsused in these operations are, in many cases, generally avail-able bulk solvents that are used for a variety of applicationsnot limited to cleaning. Petroleum distillates may be usedas a cleaning solvent, as a paint thinner, or as an ingredientused in the manufacture of a coating, such as paint. All sol-vents evaporate during use and solvent-based cleaning ma-terials result in large emissions of VOC.

In 1994, EPA completed a study of industrial cleaning sol-vents that characterized cleaning operations carried outwithin six focus industries (automotive, electrical equip-ment, magnetic tape, furniture, packaging, and photo-graphic supplies) to evaluate sources of evaporative emis-sions from VOC solvents used as cleaning materials.

The industrial cleaning solvent product category includesproducts with differing VOC contents. There are several ba-sic approaches to achieve VOC emission reductions from in-dustrial cleaning solvents. First, emissions can be con-trolled through work practices targeted at the activities andsources of emissions specific to the industry (for example,minimization of evaporation losses). Second, users can alsoreduce overall VOC emissions through solvent substitution(e.g., use of low-VOC, no-VOC, or low-vapor pressure sol-vents). Industries can also reduce VOC emissions by usingadd-on controls, modifying equipment, or upgrading to us-ing a lower emitting cleaning technology.

Affected Sources:This proposed regulation affects users of industrial clean-

ing solvents. The regulation applies to facilities that emit 15pounds or more per day (6.8 kg/day) of VOC.

Summary of Regulation:Regulation .09-1 sets the following VOC standard and re-

quirements for mixing vessels (tanks), spray booths, andparts cleaners (excluding cold or vapor degreasing coveredunder Regulation .09), where VOC emissions from cleaningoperations at a premises are 15 pounds or more per day (6.8kg/day):

(1) A person subject to the regulation may not use anyVOC industrial solvent cleaning material that exceeds thevapor pressure 8 mm Hg at 20°C (~ 0.152 psia) or 50 gramper liter VOC limit; and

(2) Exemptions of industrial categories that have spe-cific requirements for cleaning solvents are also included inthe regulation.

Expected Emissions Reductions:VOC emissions on a national level are expected to be re-

duced by 10 to 20 percent. The maximum benefit will beprovided during the ozone season when VOCs readily com-bine with NOx to from the pollutant ground level ozone.



Estimate of Economic ImpactI. Summary of Economic Impact. Since Maryland sources

have already been controlled by an existing regulation, there isminimal to no economic impact from this regulation. EPA has esti-mated the economic impact on a national level and has determinedit to be low. Costs for the controls are offset by the savings associ-ated with low evaporative losses. The impact on the Departmentwill be minimal as affected sources are already regulated. The De-partment will need to review additional records and ensure newstandards are being met.



A. On issuing agency: (E+) MinimalB. On other State agencies: (E+) MinimalC. On local governments: (E+) Minimal


D. On regulated industries ortrade groups: (�) Minimal


(�) Unable to Esti-mate




A. The impact on the Department will be minimal as affectedsources are already regulated. The Department will need to reviewadditional records and ensure new standards are being met.

B. Permits and licensing may be required for the installation ofcontrol devices and the use of new materials.

C. Local governments may be required to review and issue per-mits if a control device is installed to meet requirements.

D. Impact will be minimal on regulated industry based uponEPA estimates for compliance with the requirements of the CTG.

E. More usage of higher cost, low VOC product may occur.F. This action will help improve Maryland’s air quality and will

result in fewer negative health effects on the general public fromair pollution.







Copies of the proposed action and supporting documentsare available for review at the following locations: The Airand Radiation Management Administration; regional offices



of the Department in Cumberland and Salisbury; all localair quality control offices; and local health departments inthose counties not having separate air quality control of-fices.


.09-1 Control of VOC Emissions from Industrial Sol-vent Cleaning Operations Other Than Cold andVapor Degreasing.

A. Definitions. In this regulation, the following termshave the meanings indicated:

(1) Electrical and Electronic Components.(a) ‘‘Electrical and electronic components’’ means

components and assemblies of components, wires, windings,stators, rotors, magnets, contacts, relays, printed circuitboards, printed wire assemblies, wiring boards, integratedcircuits, resistors, capacitors, and transistors that generate,convert, transmit, or modify electrical energy.

(b) ‘‘Electrical and electronic components’’ does not in-clude the cabinets in which electrical and electronic compo-nents are housed.

(2) ‘‘High precision optic’’ means an optical elementused in an electro-optical device and is designed to sense, de-tect, or transmit light energy, including specific wavelengthsof light energy and changes in light energy levels.

(3) Janitorial Cleaning.(a) ‘‘Janitorial cleaning’’ means the cleaning of build-

ing or facility components, including but not limited tofloors, ceilings, walls, windows, doors, stairs, bathrooms,furnishings, and exterior surfaces of office equipment.

(b) ‘‘Janitorial cleaning’’ includes graffiti removal.(c) ‘‘Janitorial cleaning’’ does not include the cleaning

of work areas where manufacturing or repair activity is per-formed.

(4) ‘‘Numismatic die’’ means a metal stamping tool en-graved with the negative of a design from which the positiveimage is transferred to coin blanks during minting.

(5) ‘‘Pharmaceutical product’’ means a product that in-cludes any drug, analgesic, decongestant, antihistamine,cough suppressant, vitamin, mineral, or herb supplement in-tended for human or animal consumption and used to cure,mitigate, or treat disease, or improve or enhance health.

(6) Industrial Solvent Cleaning Operation.(a) ‘‘Industrial solvent cleaning operation’’ means an

operation that is performed using a liquid that contains anyvolatile organic compound, or combination of volatile or-ganic compounds, which is used to clean parts, products,tools, machinery, equipment, and general work areas.

(b) ‘‘Industrial solvent cleaning operation’’ does notinclude:

(i) The use of a VOC degreasing material for colddegreasing or vapor degreasing subject to Regulation .09 ofthis chapter;

(ii) Cleaning operations at sources subject to anyother VOC regulations in this subtitle;

(iii) Cleaning of electrical and electronic compo-nents;

(iv) Cleaning of high precision optics;(v) Cleaning of numismatic dies;(vi) Stripping;(vii) Janitorial cleaning;(viii) Cleaning of resin, coating, ink, and adhesive

mixing, molding, and application equipment;

(ix) Cleaning operations in research and develop-ment laboratories;

(x) Cleaning operations in medical device or phar-maceutical manufacturing; and

(xi) Cleaning operations related to performance orquality assurance testing of coatings, inks, or adhesives.

(7) Stripping.(a) ‘‘Stripping’’ means the removal of cured coatings,

inks, adhesives, maskants, or other previously applied coat-ings.

(b) ‘‘Stripping’’ does not include the removal of greasefrom metal.

B. Applicability. This regulation applies to a person whoowns or operates an industrial solvent cleaning operationwhere the total VOC emissions from the industrial solventcleaning operation at a premises are 15 pounds or more perday (6.8 kg/day), before consideration of controls.

C. Requirements for Industrial Cleaning Operations. Aperson may not use any cleaning material in an industrialsolvent cleaning operation unless the vapor pressure of thecleaning solution is less than or equal to 8 mm Hg at 20°C(~ 0.152 psia).

D. Records. A person using cleaning material in an indus-trial solvent cleaning operation shall maintain monthlyrecords of the total solvent material used and make therecords available to the Department upon request.

E. Compliance Procedures and Test Methods. The com-posite vapor pressure of solvent cleaning material shall bedetermined in accordance with the requirements underRegulation .02C of this chapter.






The Secretary of the Environment proposes to amendRegulation .10 and adopt new Regulation .10-1 underCOMAR 26.11.19 Volatile Organic Compounds fromSpecific Processes.


the U.S. Environmental Protection Agency (EPA) ControlTechniques Guidelines (CTG) for flexible packaging print-ing. EPA develops CTGs as guidance on control require-ments for source categories. States can follow the CTGs oradopt more restrictive standards. MDE proposes to adoptthe CTG standards for flexible packaging printing and workpractices.


EPA developed the CTG after conducting a review of cur-rently existing state and local VOC emission reduction ap-proaches for flexible package printing, reviewing the 1978CTG and the 1996 NESHAP for the printing and publishing



industry (40 CFR Part 60, Subpart KK), which is applicableto flexible package printing and taking into account the in-formation that has become available since then.

Flexible packaging refers to any package or part of apackage the shape of which can be readily changed. Flexiblepackaging includes, but is not limited to, bags, pouches, lin-ers, and wraps utilizing paper, plastic, film, aluminum foil,metalized or coated paper or film, or any combination ofthese materials. Flexible packaging materials start out asrolls of paper or foil, or beads of plastic resin, and are con-verted into a package or roll of packaging material.

Any printing of shrink-wrap labels or wrappers conductedon or in-line with a flexible package printing press is alsoconsidered to be included under the flexible packagingsource category. Printing of self-adhesive labels is not in-cluded in flexible packaging.

Rigid packaging printing operations are often times co-located with flexible package printing operations. Foldingcartons, some labels and wrappers, gift wraps, wall cover-ings, vinyl products, decorative laminates, floor coverings,tissue products, and miscellaneous specialty products arenot considered flexible packaging.

Flexographic and rotogravure presses are used in flexiblepackaging. There are two main sources of VOC emissionsfrom flexible package printing for both flexographic and ro-togravure: (1) evaporation of VOC from inks, coatings, andadhesives, and (2) evaporation of VOC from cleaning mate-rials.Affected Sources:

This action will affect sources that use flexographic androtogravure presses to print flexible packaging materials.Requirements:

Regulation .10 is amended to state that the requirementsfor flexible packaging printing are in Regulation .10-1 Flex-ible Packaging Printing.

Standards for flexible packaging printing lines are:(1) 0.8 lb VOC/lb or kg VOC/kg solids applied; or(2) 0.16 lb VOC/lb or kg VOC/kg materials applied; or

If a control device is used:The dryer exhaust is required to be ducted to a control

device that is constructed, operated, and maintained toachieve various overall control efficiencies based on the in-stallation date of the flexible packaging line and air pollu-tion control device.

The work practice standards apply to the usage of allVOC containing materials.Expected Emissions Reductions:

This proposed action sets standards for flexible packagingprinting. VOC emissions reductions in Maryland would beapproximately 0.08 tons/day. The maximum benefit will beprovided during the ozone season when VOCs readily com-bine with NOx to form the pollutant ground level ozone.



Estimate of Economic ImpactI. Summary of Economic Impact. The economic impact of

implementing CTG requirements has been estimated by EPA on anational level. Cost effectiveness is approximately $1,400 to $2,400/ton of VOC controlled. The impact on the Department is going to beminimal as affected sources are already regulated. The Departmentwill need to review additional records and ensure new standardsare being met.






(�) $1,400 to$2,400/ton VOC


(+) Unable toEstimate




A. Inspections and reporting will be required if new materialsare used or an add on control device is installed.



D. The impact on the regulated industry has been estimated byEPA to be in the range of $1,400 to 2,400/ton VOC for compliancewith the requirements of the CTG.

E. The installation of air pollution control devices may be neces-sary having a positive impact on those companies that manufac-ture, sell and install the equipment.





disabilities as follows:This action will have a positive impact on individuals

with disabilities involving respiratory problems by reducingair pollutants that contribute to disease.




Anyone needing special accommodations at the publichearing should contact the Department’s Fair Practices Of-



fice at (410) 537-3964. TTY users may contact the Depart-ment through the Maryland Relay Service at 1-800-735-2258.

.10 Flexographic and Rotogravure Printing.A. Definitions. In this regulation, the following terms

have the meanings indicated:(1) — (3) (text unchanged)

B. Applicability and Exemptions.(1) (text unchanged)(2) The provisions of this regulation do not apply to

printing on fabric, metal, plastic, or to flexible packageprinting subject to COMAR 26.11.19.10-1.

C. Requirements for Sheet-Fed or Web-Fed Flexographic,Packaging Rotogravure, and Publication Rotogravure Print-ing. A person who owns or operates a printing press thatuses flexographic, packaging rotogravure, or publication ro-togravure methods and is a major stationary source as de-fined in Regulation .01B(4) of this chapter, shall:

(1) Reduce emissions by using water-based inks thatcontain less than 25 percent VOC by volume of the volatileportion of the ink, or high solids inks that contain not lessthan 60 percent by weight nonvolatiles; or


.10-1 Flexible Packaging Printing.A. Definitions. In this regulation, the following terms

have the meanings indicated:(1) Flexible Packaging.

(a) ‘‘Flexible packaging’’ means any package or part ofa package the shape of which can be readily changed, in-cluding but not limited to:

(i) Bags, pouches, liners, and wraps utilizing paper,plastic, film, aluminum foil, metalized or coated paper orfilm, or any combination of these materials; and

(ii) Shrink-wrap labels or wrappers printed on aprinting press or in-line with a flexible package printing,coating, and laminating operation.

(b) ‘‘Flexible packaging’’ does not include self-adhesive labels, folding cartons, gift wraps, wall coverings,vinyl products, decorative laminates, floor coverings, andtissue products.

(2) ‘‘Flexible packaging coatings’’ means inks, coatings,and adhesives applied to flexible packaging using a flexiblepackage printing installation.

(3) ‘‘Flexible packaging printing’’ means to use a flexo-graphic or rotogravure press to print on flexible packaging.

(4) ‘‘Flexible packaging printing line’’ means a flexo-graphic or rotogravure press and all equipment associatedtherewith to print on flexible packaging.

B. Applicability. A person who owns or operates a flexiblepackaging printing line is exempt from §D of this regulationif a permit issued by the Department limits the potential toemit VOC emissions from the flexible packaging printingline to less than 25 tons per year.

C. Emission Standards and Requirements for Major Sta-tionary Sources that Perform Flexible Packaging Printing. Aperson who owns or operates a printing press that uses flexo-graphic, packaging rotogravure, or publication rotogravuremethods for flexible packaging printing and is a major sta-tionary source as defined in Regulation .01B(4) of this chap-ter, shall:

(1) Reduce emissions by using water-based inks thatcontain less than 25 percent VOC by volume of the volatileportion of the ink, or high solids inks that contain not lessthan 60 percent nonvolatiles; or

(2) If compliance with the requirements of §C(1) of thisregulation cannot be achieved, reduce the VOC content ofeach ink, or reduce the average VOC content of inks used ateach press, as follows:

(a) 60 percent reduction for flexographic presses;(b) 65 percent reduction for packaging rotogravure

presses; and(c) 75 percent reduction for publication rotogravure

presses.D. Additional Emission Standards and Requirements. A

person who owns or operates a flexible packaging printingline with the potential to emit VOC of 25 tons or more peryear shall comply with the additional emissions standardsof this section by:

(1) Limiting the VOC content of each flexible packagingcoating or limiting the average VOC content of flexible pack-aging coatings of the line to not more than:

(a) 0.8 lb VOC/lb or kg VOC/kg solids applied; or(b) 0.16 lb VOC/lb or kg VOC/kg materials applied;

or(2) Venting the dryer exhaust of the line through a con-

trol device that is constructed, operated, and maintained toachieve an overall control efficiency of:

Overall Controlfor Efficiency ofFlexible PackagingPrinting Line (%)

Flexible PackagingPrinting Line FirstInstallation Date(For Each Line)

Air PollutionControl DeviceFirst Installa-tion Date

(1) 65 Prior toMarch 14, 1995

Prior toJuly 1, 2009

(2) 70 Prior toMarch 14, 1995

On or AfterJuly 1, 2009

(3) 75 On or AfterMarch 14, 1995

Prior toJuly 1, 2009

(4) 80 On or AfterMarch 14, 1995

On or AfterJuly 1, 2009








the Environmental Protection Agency (EPA) Control Tech-niques Guidelines (CTG) for lithographic and letterpressprinting. EPA develops CTGs as guidance on control re-quirements for source categories. States can follow theCTGs or adopt more restrictive standards. MDE proposes toadopt the CTG standards for lithographic and letterpressprinting.




In 1993, EPA published a draft CTG for lithographicprinting (58 FR 59261-01). After reviewing comments on thedraft CTG and additional information, EPA published an al-ternative control techniques (ACT) document in June 1994that provided supplemental information for States to use indeveloping rules based on RACT for lithographic printing.The draft CTG and ACT provide information on lithographicprinting industry, VOC emissions from that industry, avail-able control technologies for controlling emissions and thecosts of available controls. The current RACT is similar tothe one proposed in 1993. EPA developed the recommenda-tions after reviewing existing state and local VOC emissionreduction approaches, reviewing the draft CTG and ACT,and considering information obtained since issuance of theACT.

Letterpress printing and lithographic printing have sev-eral important similarities, including similar sources ofVOC emissions and similar available VOC control ap-proaches. In light of these similarities, EPA relied heavilyon the substantial data and information included in theCTG and ACT for lithographic printing in formulating therecommendations for RACT for the letterpress printing in-dustry.

The current CTG provides control recommendations forreducing VOC emissions stemming from the use of fountainsolutions, cleaning materials and inks in lithographic print-ing, and cleaning materials and inks in letterpress printing.

The control recommendations in the CTG for cleaningmaterials apply to letterpress and lithographic printing andthose for fountain solutions apply to sheet fed letter pressand sheet fed lithographic printing.Affected Sources:

This action affects sources that use lithographic and let-terpress presses.Requirements of the Amendments:

The proposed amendments require:1. Heatset letter press and heatset lithographic printing

presses including presses with a potential to, prior to con-trols, of at least 25 tons per year of VOC to control VOCemissions from the associated press dryer through negativepressure and a control device with an efficiency range of90 — 95 percent;

2. Certain web lithographic printing presses to operatewith an alcohol-free fountain solution containing not morethan 5 percent VOCs by weight and vent the dryer exhaustto a control device with at least a 90 percent control effi-ciency;

3. Certain sheet fed letter presses or sheet fed litho-graphic printing presses to use a refrigerated fountain solu-tion containing less than 8.5 percent alcohol by weight;

4. Certain individuals to use cleaning solutions with acomposite vapor pressure of less than 10 mm of mercury at20° Celsius or containing less than 70 percent VOC byweight; and

5. Records of fountain solution formulations, VOC con-tent, and temperature.Expected Emissions Reductions:

The proposed amendments set standards for lithographicand letterpress printing. Emissions are expected to be re-duced by improvements in standards by approximately 0.08tons/day. The maximum benefit will be provided during theozone season when VOCs readily combine with NOx to formthe pollutant ground level ozone.



Estimate of Economic ImpactI. Summary of Economic Impact. The economic impact of

implementing CTG requirements has been estimated by EPA on anational level. Cost effectiveness is approximately $800 to $2,100/ton of VOC controlled. This action will have minimal to no economicimpact on affected Maryland sources. The impact on the Depart-ment will be minimal as affected sources are already regulated. TheDepartment will need to review additional records and ensure newstandards are being met.






(�) $800 to $2,100/ton VOC






A. Inspections and reporting will be required if new materialsare used or an add-on control device is installed.



D. The impact on the regulated industry has been estimated byEPA to be in the range of $800 to $2,100/ton VOC for compliancewith the requirements of the CTG.

E. The installation of air pollution control devices may be neces-sary having a positive impact on those companies that manufac-ture, sell, and install the equipment.







hearing on the proposed action on January 21, 2010, at 10a.m. at the Department of the Environment, 1800 Washing-ton Boulevard, 1st Floor Aeris Conference Room, Baltimore,Maryland 21230-1720. Interested persons are invited to at-tend and express their views. Comments may be sent toDeborah Rabin, Regulations Coordinator, Air and RadiationManagement Administration, Department of the Environ-ment, 1800 Washington Boulevard, Suite 730, Baltimore,Maryland 21230-1720, or emailed to [email protected].



md.us. Comments must be received not later than January21, 2010, or be submitted at the hearing. For more informa-tion, call Deborah Rabin at (410) 537-3240.


Anyone needing special accommodations at the publichearing should contact the Department’s Fair Practices Of-fice at (410) 537-3964. TTY users may contact the Depart-ment through the Maryland Relay Service at 1 (800) 735-2258.

.11 Lithographic and Letterpress Printing.A. Definitions. In this regulation, the following terms

have the meanings indicated:(1) ‘‘Alcohol’’ means an organic compound in which a

hydroxyl group is bound to a carbon atom of an alkyl or sub-stituted alkyl group and having the general formulaCnH2n+1OH.

(2) ‘‘Alcohol substitute’’ means a material used in afountain solution in place of alcohol.

(3) ‘‘Cleaning solution’’ means a solution used for clean-ing blanket, roller, plate, metering roller, impression cylin-der, rubber rejuvenators, press, or press parts or to removedried ink from areas around a press.

[(1)] (4) ‘‘Fountain’’ means a shallow tank that containsa [water] solution composed of water and other materialssuch as isopropyl alcohol, resins, and additives that aid inthe printing process.

(5) ‘‘Fountain solution’’ means a mixture of water andprinting chemicals, and additives, that reduces the surfacetension of the water and wets the nonimage areas so that theink is maintained within the image areas.

(6) ‘‘Heatset’’ means any operation in which heat is re-quired to evaporate ink oils from the printing ink, excludingultraviolet (UV) and electron beam curing.

[(2)] (7) — [(4)] (9) (text unchanged)(10) ‘‘Sheet-fed printing’’ means a printing operation in

which individual sheets of substrate are fed to the press se-quentially.

(11) ‘‘Web printing’’ means a continuous printing opera-tion in which a roll of paper is used as the printing sub-strate.

B. Applicability and Exemptions.[(1) The provisions of §D(2) of this regulation apply to a

person who owns or operates a lithographic web printingpress.

(2) The provisions of this regulation do not apply toprinting on fabric, metal, or plastic.

(3) The provisions of §D(1) of this regulation apply to aperson who owns or operates a lithographic web printingpress located at a premises from which the actual VOCemissions from all lithographic web printing presses are100 pounds or more per day after January 1, 1990.

(4) VOC emissions from materials used to clean print-ing equipment are not considered in determining the appli-cability of §D(1) of this regulation.

(5) The provisions of §C of this regulation apply to aperson who owns or operates a sheet-fed lithographic print-ing press with a cylinder width of 18 inches or greater.

(6) The provisions of §E of this regulation apply to alllithographic printing presses.]

(1) Printing on fabric, metal, or plastic is exempt fromthis regulation.

(2) Heatset presses used for book printing and heatsetpresses with a maximum web width of 22 inches are exemptfrom §E of this regulation.

(3) VOC emissions from materials used to clean print-ing equipment are excluded when determining the applica-bility of §D of this regulation.

C. Requirements for Sheet-Fed Letter Press or Sheet-FedLithographic Printing Press. A person may not operate asheet-fed letter press or sheet-fed lithographic printing presswith a cylinder width of 18 inches or greater or with a sheetsize greater than 11 inches by 17 inches where the fountainsolution contains alcohol unless:

(1) The fountain solution is refrigerated to maintain atemperature of less than 55°F [if isopropyl alcohol is used];

(2) A temperature indicator is [installed] used to moni-tor the fountain solution temperature [if the solution is re-frigerated]; and

(3) The fountain solution contains less than 8.5 percent[isopropyl] alcohol by weight.

D. Requirements for Lithographic Web Printing. A per-son who owns or operates a lithographic web printing press[subject to this regulation] located at a premises from whichthe actual VOC emissions from all lithographic web printingpresses are 100 pounds or more per day shall:

(1) [Shall operate] Operate the press only if the dryerexhaust is ducted to a control device that is constructed, op-erated, and maintained to achieve an overall control effi-ciency of 90 percent or more; and

(2) [May not use isopropyl alcohol in the fountain solu-tion] Use a fountain solution that:

(a) Is limited to no more than 5 percent VOC contentby weight as applied; and

(b) Does not contain alcohol.[E. Requirements for Cleaning Printing Equipment. A

person who uses materials containing VOC to clean printingequipment shall:

(1) Store all waste materials containing VOC, includ-ing cloth and paper, in closed containers;

(2) Maintain lids on all VOC-containing cleanup mate-rials when not is use;

(3) Establish, in writing, good operating practices forpersons who clean printing equipment to minimize use ofVOC-containing materials, with these good operating prac-tices being made available to the Department on request;and

(4) Upon request of the Department, participate in theevaluation of non-VOC and low-VOC materials used toclean printing equipment when these materials have the po-tential to be appropriate substitutes for currently used ma-terials.]

E. A person that owns or operates a heatset lithographicpress or heatset letterpress with a potential to emit VOC of25 tons or more per year prior to controls shall operate thepress only if the dryer associated with the press is:

(1) Constructed, operated, and maintained at a nega-tive pressure relative to the press room; and

(2) Ducted to an air pollution control device (APCD)that has:

(a) An outlet VOC concentration of 20 parts per mil-lion volume (expressed as hexane on a dry basis) or less; or

(b) An overall VOC control efficiency of:(i) 90 percent or more if the APCD was installed be-

fore July 1, 2010; or



(ii) 95 percent or more if the APCD was installed onor after July 1, 2010.

F. Requirements for Cleaning Materials. A person subjectto this regulation that uses 110 gallons or more of cleaningsolutions per year at the premises shall use a cleaning solu-tion that:

(1) Has a composite vapor pressure of less than 10 mmof mercury at 68°F (20°C); or

(2) Contains less than 70 percent VOC by weight.G. Control Device Testing.

(1) A control device shall be tested in accordance withthe requirements of COMAR 26.11.19.02.

(2) The negative dryer pressure and 100 percent emis-sions capture efficiency may be demonstrated using an airflow direction indicator, such as a smoke stick, aluminumribbons, or differential pressure gauge.

H. Record Keeping. A person subject to this regulationshall maintain records on-site including the following infor-mation:

(1) The fountain solution formulations;(2) The VOC content, in percent VOC by weight, of the

fountain solutions; and(3) The temperature of the press fountain solutions for

sheet-fed letter or lithographic printing presses using alcoholin the fountain solution.







Statement of PurposeThe purpose of this action is to repeal the general emis-

sion standard for adhesives under COMAR 26.11.19.15C(4)and replace it with the proposed source-specific VOC Rea-sonably Available Control Technology (RACT) emission limi-tation for the application of adhesives and sealants to spe-cialty electronic systems and subsystems for defense andhomeland security. This source category is exempt from re-quirements under COMAR 26.11.35.

This action will be submitted to EPA for approval as partof Maryland’s State Implementation Plan.Background:

In 2008, Maryland established standards for adhesivesand sealants under COMAR 26.11.35 Control of VOC Emis-sions from Adhesives and Sealants, based on the 2006Ozone Transport Commission (OTC) model rule. The OTCrule was developed using the 1998 RACT and a best avail-able retrofit control technology determination by the Cali-fornia Air Resources Board as guidance.

Adhesives, sealants, adhesive primers, and sealant prim-ers are used in manufacturing, packaging, construction, andinstallation of such disparate materials as metal, wood, rub-

ber, plastic, ceramics, fiberglass and composites. An adhe-sive is any material used to bond two surfaces. A sealant is amaterial with adhesive properties that is used primarily tofill and seal durably openings between two surfaces. Thestandards in COMAR 26.11.35 reflect the large-scale use ofadhesives and sealants for different materials.

Adhesives used for specialty electronic systems and sub-systems for defense and homeland security are developed,tested, and manufactured on a small scale. The adhesivesare unique and vary significantly, which makes it very diffi-cult to establish any VOC content standards. In lieu of spe-cific emission standards for VOCs in this source category, aVOC RACT emission limitation is established in this regu-lation.Requirements of the Amendment:

This amendment establishes a RACT emission limitationfor specialty electronic systems and subsystems for defenseand homeland security. The amendment limits the dis-charge into the atmosphere to not more than 25 pounds perday of VOC from adhesive and sealant application, aver-aged over a monthly period.Emissions Reductions Expected:

The proposed amendment is designed to provide a RACTemission limitation for the application of adhesives andsealants in developing, testing, and manufacturing spe-cialty electronic systems and subsystems for defense andhomeland security. No emission reductions are expectedfrom the proposed amendment because the emissions limitcan be met without the addition or use of controls.


posed action.





disabilities.


hearing on the proposed action on January 21, 2010, at 10a.m. at the Department of the Environment, 1800 Washing-ton Boulevard, 1st Floor Aeris Conference Room, Baltimore,Maryland 21230-1720. Interested persons are invited to at-tend and express their views. Comments may be sent toDeborah Rabin, Regulations Coordinator, Air and RadiationManagement Administration, Department of the Environ-ment, 1800 Washington Boulevard, Suite 730, Baltimore,Maryland 21230-1720, or emailed to [email protected]. Comments must be received not later than January21, 2010, or be submitted at the hearing. For more informa-tion, call Deborah Rabin at 410-537-3240.





.15 Paint, Resin, and Adhesive Manufacturing andAdhesive and Sealant Application.

A. Definitions.(1) — (3) (text unchanged)(3-1) ‘‘Sealant’’ has the meaning stated in COMAR

26.11.35.03B.(3-2) ‘‘Sealant application’’ means the application and

curing of a sealant.(3-3) ‘‘Specialty electronic systems and subsystems for

defense and homeland security’’ has the meaning stated inCOMAR 26.11.35.03B.

(4) — (7) (text unchanged)B. (text unchanged)C. Standards for Adhesive and Sealant Application.

(1) — (3) (text unchanged)[(4) General Emission Standard. A person who owns or

operates any other adhesive application installation that isnot subject to §C(1) — (3) of this regulation or any other ad-hesive application regulation in this chapter, and that dis-charges more than 50 pounds (22.7 kilograms) of VOC perday from all adhesive application installations at the pre-mises, may not cause or permit the discharge into the atmo-sphere of VOC in excess of 3.8 pounds of VOC per gallon(0.46 kilogram/liter) of adhesive applied, minus water, un-less the emissions are reduced by 80 percent overall.]

(4) Specialty Electronic Systems and Subsystems forDefense and Homeland Security.

(a) A person may not cause or permit the dischargeinto the atmosphere of more than 25 pounds per day of VOCfrom the application of adhesives or sealants to specialtyelectronic systems and subsystems for defense and homelandsecurity.

(b) Compliance with the emissions limitation in§C(4)(a) of this regulation shall be determined each month,by calculating the average of the total daily amounts of VOCdischarged to the atmosphere from all applications of adhe-sive and sealant to specialty electronic systems and sub-systems for defense and homeland security at the premisesfor the prior month.






The Secretary of the Environment proposes to amendRegulation .32 and adopt new Regulation .33 underCOMAR 26.11.19 Volatile Organic Compounds fromSpecific Processes.


the Environmental Protection Agency (EPA) Control Tech-niques Guidelines (CTG) for flat wood paneling coatings.EPA develops CTGs as guidance on control requirements forsource categories. States can follow the CTGs or adopt morerestrictive standards. MDE proposes to adopt the CTG stan-dards for flat wood paneling coatings.

This action will be submitted to the EPA for approval aspart of Maryland’s State Implementation Plan.Background:

In June 1978, EPA published a final CTG for flat woodpaneling coatings, entitled ‘‘Control of Volatile OrganicEmissions from Existing Stationary Sources, Volume VII,Factory Surface Coating of Flat Wood Paneling’’. In 1979,EPA published guidance to provide assistance to State andlocal air pollution control agencies in preparing RACT regu-lations for a variety of categories, including flat wood panel-ing. In 2003, EPA promulgated national emission standardsfor hazardous air pollutants (NESHAP) covering surfacecoating of wood building products (including flat wood pan-eling).

A flat wood coating facility applies stains and varnishes tonatural plywood panels used for wall coverings. These facili-ties also print wood grain patterns on particle board panelsthat are first undercoated with an opaque coating to maskthe original surface. Coatings applied to flat wood panelinginclude fillers, sealers, ‘‘groove’’ coats, primers, stains,basecoats, inks and topcoats. Generally, coatings are ap-plied by direct roll coating. Filler is applied by reverse rollcoating. The offset rotogravure process is used where thecoating and printing operation requires precision printing.Other coating methods used include spray techniques,brush coating and curtain coating. A flat wood panelingcoating line includes a succession of coating operations.Each individual operation consists of the application of coat-ings and a heated oven to cure the coatings.

The CTG applies to facilities that apply flat wood panel-ing coatings that emit 15 pounds or more per day (6.8 kg/day) of VOC before consideration of controls. Flat wood pan-eling coatings means paneling products that are anyinterior, exterior, or tileboard (Class I hardboard) panels towhich a protective, decorative, or functional material orlayer has been applied.

Work practice standards that have proven particularly ef-fective include: (1) frequent visual inspections for all equip-ment used to transfer or apply coatings, adhesives, or or-ganic solvents; (2) cleaning and wash-off solvent accountingsystem; (3) collecting and containing all VOCs when clean-ing coating lines and spray guns; and (4) using low-VOC orlow-vapor pressure cleaning materials.Affected Sources:

The proposed regulation develops standards for flat woodpaneling coating operations. Facilities that apply stains andvarnishes to natural plywood panels used for wall coveringsare affected by this regulation.Regulation Summary:

Regulation .33 sets a VOC standard of 2.1 pounds of VOCper gallon (250 grams VOC per liter) upon surface coatings,inks, or adhesives applied to flat wood panelings.

Affected sources can comply with the coating standards orcontrol emissions by 90 percent. The work practice require-ments establish standards for the usage of all VOC contain-ing materials.Expected Emissions Reductions:



EPA’s CTG for flat wood paneling coating operations willresult in minimal VOC emission reductions in Maryland.VOC emissions are expected to be reduced by 16 to 27 per-cent on a national level. The maximum benefit will be pro-vided during the ozone season when VOCs readily combinewith NOx to form the pollutant ground level ozone.



Estimate of Economic ImpactI. Summary of Economic Impact. Cost impact on affected

sources is approximately $2,800/ton of VOC controlled. The eco-nomic impact of implementing CTG requirements has been esti-mated by EPA on a national level. Impact on affected sources is go-ing to be less as cost increase is offset by lower evaporation rates.The impact on the Department is going to be minimal as affectedsources are already regulated. The Department will need to reviewadditional records and ensure new standards are being met.





D. On regulated industries ortrade groups: (�) $2,800/ton

E. On other industries or tradegroups: (+)

Unable toestimate

F. Direct and indirect effects onpublic: (+)

Unable toestimate


A. Inspections and reporting will be required as new materialsare used or an add-on control device is installed.



D. The economic impact of the proposed amendments is minimalas cost increase is offset by lower evaporation rate.

E. More usage of higher cost, low-VOC product may occur.F. This action will help improve Maryland’s air quality and will

result in fewer negative health effects on the general public fromair pollution.




disabilities as follows:This action will have a positive impact on individuals

with disabilities involving respiratory problems by reducingair pollutants that contribute to disease.


hearing on the proposed action on January 21, 2010, at 10a.m. at the Department of the Environment, 1800 Washing-ton Boulevard, 1st Floor Aeris Conference Room, Baltimore,Maryland 21230-1720. Interested persons are invited to at-tend and express their views. Comments may be sent to

Deborah Rabin, Regulations Coordinator, Air and RadiationManagement Administration, Department of the Environ-ment, 1800 Washington Boulevard, Suite 730, Baltimore,Maryland 21230-1720, or emailed to [email protected]. Comments must be received not later thanJanuary 21, 2010, or be submitted at the hearing. For moreinformation, call Deborah Rabin at 410-537-3240.


Anyone needing special accommodations at the publichearing should contact the Department’s Fair Practices Of-fice at 410-537-3964. TTY users may contact the Depart-ment through the Maryland Relay Service at 1-800-735-2258.


Code of Maryland, ANSI A135.5-2004, Prefinished HardwoodPaneling (approved March 11, 2004) and ANSI A135.4-2004,Basic Hardboard (approved March 11, 2004) have been de-clared documents generally available to the public and ap-propriate for incorporation by reference. For this reason,they will not be printed in the Maryland Register or the Codeof Maryland Regulations (COMAR). Copies of these docu-ments are filed in special public depositories locatedthroughout the State. A list of these depositories was pub-lished in 36:3 Md. R. 194 (January 30, 2009), and is availableonline at www.dsd.state.md.us. These documents may alsobe inspected at the office of the Division of State Documents,16 Francis Street, Annapolis, Maryland 21401.

.32 Control of Volatile Organic Compounds (VOCs)from Wood Coating Operations.

A. (text unchanged)B. Terms Defined.

(1) — (13) (text unchanged)(14) Wood Coating Operation.

(a) (text unchanged)(b) ‘‘Wood coating operation’’ does not include resi-

dential noncommercial operations and flat wood panelingcoating subject to Regulation .33 of this chapter.

C. — F. (text unchanged)

.33 Control of Volatile Organic Compounds (VOCs)Emissions from Flat Wood Paneling Coatings.

A. Definitions.(1) In this regulation, the following terms have the

meanings indicated.(2) Terms Defined.

(a) ‘‘Class II finishes on hardboard panels’’ meansfinishes on panels that:

(i) Are manufactured primarily from inter-felted li-gnocellulosic fibers that are consolidated under heat andpressure in hot-press; and

(ii) Meet the specifications of the American Na-tional Standard, ANSI A135.5-2004, Prefinished Hard-board Paneling, as approved by the American NationalStandards Institute (ANSI).

(b) ‘‘Exterior siding’’ means flat wood paneling in-tended for use in commercial or residential construction,generally as a covering for an outside wall.

(c) ‘‘Flat wood paneling’’ means any interior or exte-rior siding or paneling manufactured with wood, plywood,



particleboard, tileboard, or waferboard that is used in resi-dential and commercial construction.

(d) ‘‘Hardwood plywood’’ means plywood whose sur-face layer is a veneer of hardwood.

(e) ‘‘Natural finish hardwood plywood panels’’ meanshardwood plywood panels whose original grain pattern isenhanced by essentially transparent finishes frequentlysupplemented by fillers and toners.

(f) ‘‘Printed interior panels’’ means panels whosegrain or natural surface is obscured by fillers and basecoats,upon which a simulated grain or decorative pattern isprinted.

(g) ‘‘Thin particleboard’’ means a manufacturedboard that has a thickness of 1�4 inch (0.64 cm) or less madeof individual wood particles that have been coated with abinder and formed into flat sheets by pressure.

(h) ‘‘Tileboard’’ means paneling that meets the specifi-cations for Class I hardboard established by American Na-

tional Standard, ANSI A135.4-2004, Basic Hardboard, asapproved by the ANSI.

C. Incorporation by Reference. In this regulation the fol-lowing documents are incorporated by reference:

(1) ANSI A135.5-2004, Prefinished Hardwood Paneling(approved March 11, 2004).

(2) ANSI A135.4-2004, Basic Hardboard (approvedMarch 11, 2004).

D. Applicability. Coatings applied to stationary structuresor their appurtenances or portable buildings at the site ofinstallation are exempt from this regulation.

E. Requirements for Flat Wood Paneling Coating. A per-son who applies flat wood paneling coatings, including inksand adhesives, where total precontrol VOC emissions fromall flat wood paneling coating operations at a premises is 15pounds or more per day (6.8 kg/day) shall meet the coatingstandards or overall control efficiency specified in the follow-ing table:

Emission Limits

Surface Coatings, Inks orAdhesives Applied to theFollowing Flat WoodPaneling Categories

Pound VOC per Gallon(grams VOC/ Liter ofMaterial)

Pound VOC per Gallon Sol-ids (grams VOC/ LiterSolids)

Overall Control EfficiencyUsing an Add-On ControlDevice

(1) Printed interior panelsmade of hardwood plywoodor thin particleboard

2.1 (250) 2.9 (350) 90%

(2) Natural finish hard-wood plywood panels

2.1 (250) 2.9 (350) 90%

(3) Class II finishes onhardboard panels

2.1 (250) 2.9 (350) 90%

(4) Tileboard 2.1 (250) 2.9 (350) 90%

(5) Exterior siding 2.1 (250) 2.9 (350) 90%


Title 29DEPARTMENT OF STATE POLICESubtitle 08 INVESTIGATIONS INVOLVING THEEXERCISE OF FIRST AMENDMENT ACTIVITIES29.08.01 Covert Investigations and Criminal

IntelligenceAuthority: Public Safety Article, §3-701,



The Secretary of State Police proposes to adopt new Regu-lations .01 — .05 under a new chapter, COMAR 29.08.01Covert Investigations and Criminal Intelligence, un-der a new subtitle, Subtitle 08 Investigations Involvingthe Exercise of First Amendment Activities.

Statement of PurposeThe purpose of this action is to establish Department of

State Police responsibilities associated with covert investi-gations and criminal intelligence related to the rights of

persons, groups, and organizations engaged in the exerciseof First Amendment activities.


posed action.





disabilities.

Opportunity for Public CommentComments may be sent to Thomas L. Vondersmith, Jr.,

Regulations Coordinator, Department of State Police, 1201Reisterstown Road, Pikesville, MD 21208, or call 410-653-4253, or email to [email protected], or fax to 410-653-4250. Comments will be accepted through January 19,2010. A public hearing has not been scheduled.



.01 Definitions.A. In this subtitle, the following terms have the meanings


(1) Covert Investigation.(a) ‘‘Covert investigation’’ means an infiltration of or

attempt to infiltrate a group or organization in a mannerthat conceals the identity of the law enforcement agency orthe identity of an officer or agent of the law enforcementagency.

(b) ‘‘Covert investigation’’ does not include the use ofplainclothes officers or employees for crowd control and pub-lic safety purposes at public events.

(2) ‘‘Criminal intelligence’’ means information concern-ing or related to the detection, investigation, deterrence, orprevention of crime or the apprehension and prosecution of asuspected criminal.

(3) ‘‘Department’’ means the Department of State Police.(4) ‘‘First Amendment activities’’ means:

(a) Activities involving constitutionally protectedspeech or association; or

(b) Conduct related to freedom of speech, free exerciseof religion, freedom of the press, the right to assemble, or theright to petition the government.

(5) ‘‘Legitimate law enforcement objective’’ means thedetection, investigation, deterrence, or prevention of crime,or the apprehension and prosecution of a suspected criminal.

(6) Reasonable, Articulable Suspicion of Criminal Ac-tivity.

(a) ‘‘Reasonable, articulable suspicion of criminal ac-tivity’’ means an objective, factual basis for initiating or pur-suing an investigation, which basis is substantially less thanthat required to establish probable cause.

(b) ‘‘Reasonable, articulable suspicion of criminal ac-tivity’’ is established when information exists which estab-lishes sufficient facts to give a trained law enforcement orcriminal investigative agency officer, investigator, or em-ployee a basis to believe that there is a reasonable possibilitythat an individual or organization is involved in a definablecriminal activity or enterprise.

.02 Purposes.A. The purposes of this subtitle are:

(1) To establish the responsibilities of the Departmentrelated to investigations involving the exercise of FirstAmendment activities; and

(2) To recognize and respect the rights of persons,groups, and organizations engaged in First Amendment ac-tivities.

B. This subtitle applies only to investigations involvingFirst Amendment activities.

.03 Policy.A. The Department shall endeavor to maintain the appro-

priate balance between the constitutional rights afforded toeach citizen and the legitimate needs of law enforcement.

B. The Department shall only engage in intelligence gath-ering, retention, and dissemination activities that may in-fringe on First Amendment rights to further legitimate lawenforcement objectives and in accordance with the proce-dures and prohibitions set forth in this chapter.

.04 Procedures.A. Covert Investigations Involving First Amendment Ac-

tivities.(1) The Department may not conduct a covert investiga-

tion of a person, a group, or an organization engaged in FirstAmendment activities unless the Secretary or designee

makes a written finding that the covert investigation is justi-fied because it is based on a reasonable, articulable suspi-cion that the person, group, or organization is planning orengaged in criminal activity and a less intrusive method ofinvestigation is not likely to yield satisfactory results.

(2) The written finding shall, if possible, be made in ad-vance of the initiation of the covert investigation or as soonthereafter as is practicable.

(3) Membership or participation in a group or organiza-tion engaged primarily in First Amendment activities doesnot alone constitute reasonable, articulable suspicion ofcriminal activity justifying a covert investigation.

(4) Reports.(a) It is the responsibility of the sworn Criminal In-

vestigation Section (CIS) supervisor to ensure that all activi-ties are properly reported and documented by the covert op-erative.

(b) A report shall be prepared on the approved De-partment form for each and every incident of contact betweenthe covert operative and the target of the investigation.

(c) A report shall be submitted as soon as possible,but in no case later than 2 working days after the contact.Further delay in the submission of these reports requires theapproval from the sworn CIS supervisor.

(d) Each report shall be reviewed and evaluated bythe sworn CIS supervisor to determine if there is a continu-ing need to conduct the covert investigation involving FirstAmendment activities.

(e) The report shall be reviewed not later than 5 work-ing days after its submission, and the decision whether ornot to continue with the investigation shall be made in writ-ing and include the reasons for continuing or discontinuingthe investigation.

(5) An investigation involving First Amendment activi-ties shall be terminated when logical leads have been ex-hausted or no legitimate law enforcement objective justifiesthe continuation of the investigation.

B. Collection, Dissemination, Retention, Database Inclu-sion, Purging and Auditing of Records Involving FirstAmendment Activities.

(1) The Department may not collect or maintain infor-mation solely about the political beliefs, ideologies, or asso-ciations of any person, group, or organization, unless the in-formation is relevant to a criminal investigation or there is areasonable, articulable suspicion that the person, group, ororganization advocates, supports, or encourages the viola-tion of any federal, State, or local criminal law that prohib-its acts of terrorism, racketeering activity, as found in 18U.S.C. §1961, violence, extortion, destruction of property, in-timidation, harassment, obstruction of justice, or fraud.

(2) Criminal intelligence related to First Amendmentactivities shall be reviewed by a supervisor prior to entry intoany criminal intelligence file to ensure that:

(a) It is being retained in accordance with this regu-lation;

(b) It has been classified accurately; and(c) It reflects the purpose for which the information is

collected.(3) The Department shall evaluate intelligence regard-

ing First Amendment activities with respect to the reliabilityof the source and the validity and accuracy of the content.

(4) A record shall be kept of the source of all informa-tion.

(5) The Department may not knowingly include in itscriminal intelligence files any information that has been ob-



tained in violation of Public Safety Article, §3-701, Anno-tated Code of Maryland.

(6) Criminal intelligence gathered and maintained bythe Department regarding First Amendment activities maybe disseminated only to appropriate persons for legitimatelaw enforcement objectives. Dissemination of criminal intel-ligence of the type described in this subtitle shall be recordedin such a manner that the recipient of the intelligence, dateof dissemination, manner of dissemination, and informationdisseminated are known.

(7) The Department shall disseminate criminal intelli-gence information regarding First Amendment activitiesonly to law enforcement authorities who agree to follow pro-cedures regarding information receipt, maintenance, secu-rity, and dissemination that are consistent with the prin-ciples underlying the procedures and prohibitions of thissubtitle and applicable State and federal law.

(8) Review and Maintenance of Files.(a) All criminal intelligence files related to First

Amendment activities shall be maintained in accordancewith the goals and objectives of this subtitle and to ensurethat these files include information that is accurate, timely,and relevant.

(b) Reclassifying and purging information in thecriminal intelligence files shall be done on an ongoing basisas documents are reviewed.

(c) All information retained as a result of this reviewshall reflect the name of the reviewer, date of the review, andan explanation of the decision to retain the information.

(d) Purging Files.(i) If a file has no further informational value or

meets the purging criteria of any applicable law, it shall bedestroyed.

(ii) A record of purged files shall be maintained bythe Department.

(iii) Any information that is misleading, obsolete,or otherwise unreliable shall be purged.

(9) Audit; Report.(a) An audit of these criminal intelligence files is to be

undertaken annually.(b) The audit shall reflect whether documents have

been created, retained, disseminated, and purged in accor-dance with State and federal law.

(c) The audit report shall be submitted to the Director,Criminal Intelligence Section, for review and implementa-tion of any needed corrective actions.

C. Training and Review of Regulations.(1) The Department shall ensure that all members as-

signed to the section receive training regarding this subtitleand applicable federal and State law.

(2) Training shall be documented in the member’s train-ing records.

(3) An annual review of this subtitle shall be conductedand new proposals made based on recent court decisions,changes in federal or State law, and national best practices.

.05 Prohibited Practices.A. A member of the Department may not investigate, pros-

ecute, disrupt, interfere with, harass, or discriminateagainst a person engaged in a First Amendment activity forthe purpose of punishing a person for, retaliating against aperson for, or preventing or hindering a person from exercis-ing constitutional rights.

B. Members of the Department may not:(1) Collect or disseminate information that becomes

known to them through covert investigations or through ac-

cess to criminal intelligence, except as specifically providedby this subtitle and State and federal law;

(2) Employ or direct an individual to obtain intelligencedata in a manner that is inconsistent with this subtitle orState and federal law; or

(3) Use any information that becomes known to themthrough covert surveillance, covert investigations, or accessto criminal intelligence for political or economic purposes orfor personal gain.

TERRENCE B. SHERIDANSecretary of State Police

Title 31MARYLAND INSURANCE

ADMINISTRATIONSubtitle 04 INSURERS

31.04.20 Market Conduct ActionsAuthority: Insurance Article, §§2-104, 2-108, 2-109, 2-203, 2-205, 2-207,

2-209, 4-113, 8-319, 8-461, 8-462, 11-221, 14-124, 14-125, 14-404, 14-411,14-610, 15-10B-19, 15-10B-20, 15-1609, 19-112, 23-103, 23-207, 26-103,

26-205, 27-501, and 27-803; Labor and Employment Article, §10-125; andHealth-General Article, Title 19, Subtitle 7,



The Insurance Commissioner proposes to adopt newRegulations .01 — .10 under a new chapter, COMAR31.04.20 Market Conduct Actions.

Statement of PurposeThe purpose of this action is to adopt regulations to estab-

lish the procedures for market conduct actions performed bythe Maryland Insurance Commissioner (Commissioner).Market conduct actions include market conduct examina-tions, analyses, and investigations of insurers or other enti-ties subject to regulation by the Commissioner. The Com-missioner uses market conduct actions to assess thebusiness practices of regulated entities and the insurancemarket as a whole. By assessing the business practices ofregulated entities, the Commissioner can better ensure theintegrity of the insurance industry in Maryland, therebyprotecting Maryland consumers.


posed action.





disabilities.



Opportunity for Public CommentComments may be sent to Alexis E. Gibson, Regulations

Coordinator, Maryland Insurance Administration, 200 St.Paul Place, Suite 2700, Baltimore MD 21202, or call (410)468-2011, or email to [email protected], orfax to (410) 468-2020. Comments will be accepted throughJanuary 19, 2010. A public hearing has not been scheduled.

.01 Applicability.A. This chapter establishes the process and procedures for

market conduct actions.B. This chapter does not apply to the examination or in-

vestigation of:(1) A person’s financial condition as described in Insur-

ance Article, Titles 5, 6, 7, and 9, Annotated Code of Mary-land, as well as COMAR 31.04, 31.05, and 31.06; or

(2) An insurance producer.

.02 Scope.Nothing in this chapter limits the Commissioner’s author-

ity to conduct an analysis, investigation, or examination, orto issue orders pursuant to law. All applicable provisions,including the confidentiality provisions, of Insurance Ar-ticle, Annotated Code of Maryland, apply to market conductactions.



(1) ‘‘Analysis’’ has the meaning stated in Insurance Ar-ticle, §2-205(a), Annotated Code of Maryland.

(2) ‘‘Business practices’’ means the operations, policies,procedures and other activities or administrative methodsused by a person to conduct business.

(3) ‘‘Commissioner’’ means the Insurance Commissionerof Maryland or the Insurance Commissioner’s designee.

(4) ‘‘Complaint’’ means a written or documented oralcommunication expressing dissatisfaction with a person.

(5) ‘‘Market conduct action’’ means any of the full rangeof activities that the Commissioner may initiate to assess thebusiness practices of a person or persons, or the insurancemarket, including a market conduct analysis, market con-duct investigation, or market conduct examination.

(6) ‘‘Market conduct analysis’’ means an evaluation con-ducted whenever the Commissioner considers it advisable toidentify or investigate the business practices of one or morepersons, or the insurance market, from filed schedules, sur-veys, required reports, or other sources of information.

(7) ‘‘Market conduct examination’’ means an inspectionof the accounts, records, documents, or transactions of a per-son to develop a detailed understanding of the person’s busi-ness practices to evaluate compliance with State law.

(8) ‘‘Market conduct investigation’’ means a processused by the Commissioner to determine if a person has vio-lated State law in that person’s business practices.

(9) ‘‘Person’’ means an insurer or other entity subject toregulation by the Commissioner and authorized to conductbusiness in this State.

(10) ‘‘Proposed market conduct examination report’’means the completed market conduct examination reportthat is required under Regulation .07 of this chapter.

.04 Market Conduct Action.A. Whenever the Commissioner has the authority to con-

duct an analysis, examination, or investigation of a person’sbusiness practices, the Commissioner may conduct a marketconduct action.

B. The Commissioner may conduct a market conduct ac-tion:

(1) Based on a complaint;(2) As authorized by law;(3) Whenever the Commissioner considers it is advis-

able; or(4) With other states.

C. If the Commissioner determines information is neededfrom a person to conduct a market conduct action, in accor-dance with Regulation .05 of this chapter:

(1) The Commissioner shall request the information;and

(2) The person shall provide the information.D. The Commissioner may participate in a market con-

duct action with one or more other states to determine if aMaryland law has been violated by the person subject to themarket conduct action.

.05 Information.A. The Commissioner may request accounts, records,

documents, files, or other information needed to complete amarket conduct action.

B. The Commissioner may include a reference to the ap-plicable law pertaining to the request.

C. The Commissioner may request information through:(1) A survey;(2) An interrogatory;(3) An interview; or(4) Any other procedure identified by the Commissioner.

D. Whenever a person receives a request from the Commis-sioner for information, the person shall provide the re-quested information:

(1) Within the time specified by the Commissioner, un-less an extension has been granted by the Commissioner inaccordance with §§G and H of this regulation; and

(2) In the manner specified by the Commissioner.E. When the person submits the information to the Com-

missioner, the person shall provide written certification,signed by an individual with authority to bind the personproviding the response, that the:

(1) Information is, to the best of that individual’sknowledge, information, and belief, a full, complete, andtruthful response to the Commissioner’s request; and

(2) Individual making the certification has undertakenan adequate inquiry to make the required certification.

F. If the person fails to provide the certification requiredunder §E of this regulation, the absence of this certification:

(1) Does not relieve the person responding to a request ofthe Commissioner of the duty to provide a full, complete, andtruthful response to the Commissioner’s request; and

(2) Shall constitute an explicit representation by theperson that the response is full, complete, and truthful.

G. A person may submit a written request, stating the rea-son for the request, to the Commissioner to extend the timefor the submission of information:

(1) For a market conduct analysis or market conduct in-vestigation, after receipt of the request specified in §D of thisregulation; or

(2) For a market conduct examination, after receipt ofthe notice specified in Regulation .06G of this chapter.

H. If the Commissioner receives the request pursuant to§G of this regulation, the Commissioner shall:

(1) Grant an extension; or(2) Notify the person that the request to extend the time

is denied.



.06 Market Conduct Examination.A. The Commissioner shall conduct a market conduct ex-

amination in accordance with this regulation.B. The Commissioner shall notify the person subject to the

market conduct examination, in writing, that a market con-duct examination has commenced.

C. The Commissioner’s notification that a market conductexamination has commenced shall:

(1) Specify the lines of insurance, scope, intent, and pe-riod covered by the market conduct examination;

(2) Provide the name and contact information of theCommissioner; and

(3) Provide any other information the Commissionerconsiders relevant.

D. The person notified under §B of this regulation shallgive written notice to the Commissioner of the individualwho:

(1) Has the authority and responsibility to respond tothe Commissioner’s request for accounts, records, docu-ments, files, or other information needed in order to completethe market conduct examination; and

(2) Will coordinate on behalf of the person the marketconduct examination with the Commissioner.

E. Following the notice provided under §§B and C of thisregulation, the Commissioner shall conduct a conferencewith the person in a manner determined by the Commis-sioner to review:

(1) The information the person must provide for themarket conduct examination;

(2) The administrative aspects of the market conduct ex-amination, including but not limited to, market conduct ex-amination expenses to be paid by the person examined; and

(3) Any other information the Commissioner considersrelevant.

F. After the completion of the conference required in §E ofthis regulation, the Commissioner:

(1) May provide a written summary of the conference tothe person; and

(2) Shall provide written notification of the informationthe person must provide for the market conduct examinationin accordance with Regulation .05 of this chapter.

G. The Commissioner shall notify the person subject to amarket conduct examination of the date after which theCommissioner may not accept additional information unlessan extension has been granted by the Commissioner in accor-dance with Regulation .05G and H of this chapter.

H. The Commissioner shall conduct an exit conferencewith the person subject to the market conduct examination ina manner determined by the Commissioner

I. At the discretion of the Commissioner, a report certifiedby the insurance supervisory official of another state may beaccepted in lieu of conducting a market conduct examina-tion.

.07 Market Conduct Examination Report.A. Whenever a market conduct examination is conducted

pursuant to Regulation .06 of this chapter, the Commissionershall:

(1) Provide the person with a copy of the draft proposedmarket conduct examination report;

(2) Allow the person to submit written comments on thedraft proposed market conduct examination report within 30days after the receipt of the draft proposed market conductexamination report, or the period specified by the Commis-sioner, whichever is longer;

(3) Consider the written comments submitted by theperson in finalizing the draft proposed market conduct ex-amination report; and

(4) Include the written comments submitted by the per-son to the draft proposed market conduct examination reportas an attachment to the proposed market conduct examina-tion report.

B. After receipt of the draft proposed market conduct ex-amination report, a person may submit a written request,stating the reason for the request, to the Commissioner to ex-tend the time for the submission of written comments.

C. If the Commissioner receives a request pursuant to §Bof this regulation, the Commissioner shall:

(1) Grant an extension; or(2) Notify the person that the request to extend the time

is denied.D. The Commissioner shall provide the person with a copy

of the proposed market conduct examination report.

.08 Commissioner’s Actions.A. Based on the information reviewed during a market

conduct analysis the Commissioner may, in the Commission-er’s sole discretion:

(1) Broaden the scope and period of the market conductanalysis;

(2) Conduct a market conduct investigation or marketconduct examination;

(3) Issue an order; or(4) Take any other action authorized or reasonably im-

plied by Insurance Article, Annotated Code of Maryland.B. If the Commissioner conducts a market conduct inves-

tigation, the Commissioner may, in the Commissioner’s solediscretion, based on the information reviewed during themarket conduct investigation:

(1) Broaden the scope and period of the market conductinvestigation;

(2) Conduct a market conduct examination;(3) Issue an order; or(4) Take any other action authorized or reasonably im-

plied by Insurance Article, Annotated Code of Maryland.C. If the Commissioner conducts a market conduct exami-

nation, the Commissioner may, in the Commissioner’s solediscretion, based on the information reviewed during themarket conduct examination:

(1) Conduct a market conduct investigation of a par-ticular matter;

(2) Broaden the scope and period of the market conductexamination;

(3) Issue an order; or(4) Take any other action authorized or reasonably im-

plied by Insurance Article, Annotated Code of Maryland.

.09 Sanctions.If a person subject to this chapter fails to provide the infor-

mation requested by the Commissioner in accordance withthis chapter, the person may be subject to an administrativefine not exceeding $500 per day, in addition to any other pen-alty available to the Commissioner.

.10 Hearings.A. A person aggrieved by an order or proposed market

conduct examination report may request a hearing in accor-dance with the provisions of COMAR 31.02.01.



B. Except as otherwise provided by law, a person may notrely on any information not timely provided in accordancewith Regulation .06G of this chapter in any hearing held onan order or proposed market conduct examination report.


Subtitle 10 HEALTH INSURANCE — GENERAL31.10.38 Wellness Program Incentives

Authority: Insurance Article, §§2-109(a)(1) and 27-210(h)(4),Annotated Code of Maryland


The Insurance Commissioner proposes to amend Regula-tions .02 and .03 under COMAR 31.10.38 Wellness Pro-gram Incentives.

Statement of PurposeThe purpose of this action is to amend regulations to com-

ply with changes made by the Maryland General Assemblyduring the 2009 Legislative Session, specifically Ch. 683,Acts of 2009.


posed action.





disabilities.



.02 Scope.This chapter applies only to the bona fide wellness pro-

grams as defined in Regulation .03 of this chapter, and In-surance Article, [§27-210(h)(1) (ii) and (iii)] §27-210(h)(1),Annotated Code of Maryland.


(1) ‘‘Bona fide wellness program’’ [means a programthat is designed to:

(a) Prevent or detect disease or illness;(b) Reduce or avoid poor clinical outcomes;(c) Prevent complications from medical conditions; or

(d) Promote healthy behaviors and lifestyle choices]has the meaning stated in Insurance Article, §15-509, Anno-tated Code of Maryland.



Subtitle 12 HEALTH MAINTENANCEORGANIZATIONS; ENTITIES THAT ACT AS

HEALTH INSURER31.12.08 Payments to Nonparticipating Pro-

vidersAuthority: Health-General Article, §19-710.1,



The Insurance Commissioner, in consultation with theMaryland Health Care Commission, proposes to adopt newRegulations .01 — .06 under a new chapter, COMAR31.12.08 Payments to Nonparticipating Providers.

Statement of PurposeThe purpose of this action is to adopt regulations specify-

ing how much health maintenance organizations (HMOs)are required to pay to nonparticipating providers pursuantto Health-General Article, §19-710.1, Annotated Code ofMaryland, which was amended in the 2009 Maryland Legis-lative Session. The amendments change the way HMOs cal-culate payments to non-participating providers and in-crease the amounts that HMOs are required to pay whencovered services are rendered by non-participating provid-ers. The regulations to be adopted provide guidance toHMOs in making the required calculations.


posed action.





disabilities.



.01 Applicability.This chapter applies to covered services paid by health

maintenance organizations to nonparticipating providers forservices provided on or after January 1, 2010.





(1) ‘‘Berenson-Eggers Type of Service Code’’ has themeaning stated in Health-General Article, §19-710.1, Anno-tated Code of Maryland.

(2) ‘‘CPT code’’ means the Current Procedural Terminol-ogy Code maintained and distributed by the American Medi-cal Association, including its codes and modifiers, and codesfor anesthesia services.

(3) ‘‘Enrollee’’ has the meaning stated in Health-GeneralArticle, §19-710.1, Annotated Code of Maryland.

(4) ‘‘Evaluation and management services’’ has themeaning stated in Health-General Article, §19-710.1, Anno-tated Code of Maryland.

(5) ‘‘Geographic area’’ means each geographic area aspublished by the Centers for Medicare and Medicaid Ser-vices.

(6) ‘‘HCPCS’’ means the Healthcare Common ProcedureCoding System, a set of health care procedure codes based onthe American Medical Association’s Current Procedural Ter-minology and other services such as ambulance services,prosthetic devices, other supplies, and non-physician ser-vices that are not covered by CPT codes but are recognizedand maintained by the Centers for Medicare and MedicaidServices.

(7) ‘‘Health maintenance organization’’ has the meaningstated in Health-General Article, §19-701, Annotated Code ofMaryland.

(8) ‘‘Medicare Economic Index’’ has the meaning statedin Health-General Article, §19-710.1, Annotated Code ofMaryland.

(9) ‘‘Nonparticipating provider’’ means a provider otherthan a trauma physician who is not included on the providerpanel of a health maintenance organization.

(10) ‘‘Participating provider’’ means a provider otherthan a hospital or trauma physician who is included on theprovider panel of a health maintenance organization.

(11) ‘‘Provider’’ means a health care practitioner li-censed, certified, or otherwise authorized by law to providehealth care services.

(12) ‘‘Provider panel’’ has the meaning stated in Insur-ance Article, §15-112, Annotated Code of Maryland.

(13) ‘‘Reference year’’ means, for services provided in aparticular calendar year, the period beginning with July 1 ofthe second previous calendar year through June 30 of theprevious calendar year.

(14) ‘‘Similarly licensed provider’’ has the meaningstated in Health-General Article, §19-710.1, Annotated Codeof Maryland.

(15) ‘‘Trauma physician’’ has the meaning stated inHealth-General Article, §19-710.1, Annotated Code of Mary-land.

.03 Payment to Nonparticipating Providers.A. A health maintenance organization shall calculate the

amount owed to a nonparticipating provider for coveredevaluation and management services provided to an enrolleein accordance with Regulation .05 of this chapter.

B. A health maintenance organization shall calculate theamount owed to a nonparticipating provider for covered ser-vices other than evaluation and management services pro-vided to an enrollee in accordance with Regulation .06 ofthis chapter.

.04 Annual Rate Schedule.A. Each year, beginning with January 1, 2010, each

health maintenance organization shall develop an annualrate schedule for each geographic area.

B. The annual rate schedule required by §A of this regula-tion shall include a rate for each occurrence of a CPT code orHCPCS code that describes covered services for each type ofsimilarly licensed provider in the same geographic area de-rived in accordance with the formula specified in §C of thisregulation.

C. The rate in the annual rate schedule for each CPT codeor HCPCS code shall be developed as follows:

(1) For each type of similarly licensed provider, the ratepaid for the CPT code or HCPCS code shall be equal to thetotal amount allowed for the occurrences of the CPT code orHCPCS code to participating providers who are similarly li-censed providers in the same geographic area during the ref-erence year divided by the total number of occurrences paidfor the same CPT code or HCPCS code to participating pro-viders who are similarly licensed providers in the same geo-graphic area during the reference year.

(2) For any new CPT code of HCPCS code, the rate paidfor the CPT code or HCPCS code shall be equal to 125 per-cent of the rate paid to a similarly licensed provider in thesame geographic area.

D. By not later than December 31 of each year, each healthmaintenance organization shall provide written certificationto the Insurance Commissioner, signed by an individualwith the authority to bind the health maintenance organiza-tion that the:

(1) Annual rating schedule applicable to the year inwhich the certification is made is, to the best of that indi-vidual’s knowledge, information, and belief, compliant withthis regulation; and

(2) Individual making the certification has undertakenan adequate inquiry to make the required certification.

.05 Evaluation and Management Services.A. If a nonparticipating provider submits a claim to a

health maintenance organization for a covered evaluationand management service, the health maintenance organiza-tion shall pay the nonparticipating provider, less any appli-cable copayment, coinsurance or deductible amount, anamount not less than the greater of:

(1) 125 percent of the fee for the covered evaluation andmanagement service in the annual fee schedule applicable tosimilarly licensed providers in the same geographic area; or

(2) 140 percent of the fee for the covered evaluation andmanagement service paid by Medicare as published by theCenters for Medicare and Medicaid Services as of August 1,2008, inflated by the four quarter moving average percentchange in the Medicare Economic Index from 2008 to thecurrent year.

B. The Maryland Health Care Commission may publishon its website each year by October 15:

(1) A list of covered services that qualify as Berenson-Eggers Type of Service Code evaluation and managementservices; and

(2) The inflation factor applicable for inflating 2008fees to the current year using four quarter moving averagepercent change for the previous calendar year second quar-ter.

.06 Other Covered Services.If a nonparticipating provider submits a claim to a health

maintenance organization for a covered service other than acovered evaluation and management service, the health



maintenance organization shall pay the nonparticipatingprovider, less any applicable copayment, coinsurance or de-ductible amount, an amount not less than 125 percent of therate for the covered service in the annual rate schedule appli-cable to similarly licensed providers in the same geographicarea.


Subtitle 14 LONG-TERM CARE31.14.03 Long-Term Care Partnership

Authority: Insurance Article, §§18-102, 18-106 — 18-107;Health-General Article, §15-407;



The Insurance Commissioner and the Secretary of Healthand Mental Hygiene propose to amend Regulations .04, .05,and .09 and repeal existing Regulation .07 under COMAR31.14.03 Long-Term Care Partnership.

Statement of PurposeThe purpose of this action is to correct a misprint in Regu-

lation .05 and bring the chapter into compliance with HouseBill 590, Ch. 598, Acts of 2009.


posed action.





disabilities.



.04 Filing Requirements for Certification.A carrier seeking certification of a long-term care insur-

ance policy to a partnership policy status shall file the fol-lowing with the Commissioner:

A. — C. (text unchanged)[D. A copy of the outline of coverage that the carrier in-

tends to use with the partnership policy, including the datethat the outline of coverage was stamped ‘‘Received andFiled’’ by the Maryland Insurance Administration;]

[E.] D. — [F.] E. (text unchanged)

.05 Long-Term Care Insurance Policy Requirementsfor Partnership Policies.

A. (text unchanged)B. Schedule Page Disclosure.

(1) (text unchanged)(2) The notice required by §B(1) of this regulation shall

read as follows: ‘‘This {long-term care insurance policy, cer-tificate, or contract} [meets] is intended to meet the stan-dards for the Qualified State Long-Term Care InsurancePartnership program in Maryland. Nothing in this {long-term care insurance policy, certificate, or contract} is a guar-antee of [Medical] Medicaid eligibility nor is it a guaranteeof any ability to disregard assets for purposes of Medicaideligibility.’’

(3) (text unchanged)C. Disclosure Requirement Regarding Partnership Cov-

erage.(1) A carrier issuing or marketing long-term care insur-

ance policies that qualify as partnership policies in Mary-land, shall provide a disclosure notice, on the carrier’s let-terhead, indicating that at the time of its issuance, the long-term care insurance policy is [an approved] intended toqualify as a long-term care insurance partnership policy.

(2) — (6) (text unchanged)D. — F. (text unchanged)

.09 Partnership Policy Status Disclosure Notice.The format — (P. L. 109 — 171). (text unchanged)Notice of Partnership Policy Status. Your long-term

care insurance {policy} {certificate} [qualifies] is intended toqualify as a Partnership {policy} {certificate} under the {in-sert state} Long-Term Care Partnership Program as of your{policy’s} {certificate’s} effective date.

Medicaid Asset Protection Provided. — end (text un-changed)




Special Documents

MARYLAND DEPARTMENT OFTRANSPORTATION OFFICE OF MINORITY

BUSINESS ENTERPRISE (OMBE)

Subject: Announcement of Calendar Year 2010 Limitationon the Personal Net Worth of a Socially and EconomicallyDisadvantaged Individual as It Relates to Certification of aMinority Business Enterprise (MBE)

Add’l. Info.: The Maryland Department of TransportationOffice of Minority Business Enterprise (OMBE) gives noticethat the limitation on the personal net worth of a disadvan-taged owner whose ownership interest in a firm is reliedupon for certification in the State’s Minority Business En-terprise (MBE) program, will be $1,504,585 (one million fivehundred four thousand five hundred eighty-five dollars) ef-fective January 1, 2010. The limitation described above willapply to all MBE certification decisions rendered betweenJanuary 1, 2010 and December 31, 2010. This action istaken in accordance with the Annotated Code of MarylandState Finance and Procurement Article §14-301(i)(3).

Contact: Micah Watson (410) 865-1258

[09-26-51]

DEPARTMENT OFTHE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Notice of Projects Approved for ConsumptiveUses of Water

SUMMARY: This notice lists the projects approved by ruleby the Susquehanna River Basin Commission during theperiod set forth in ‘‘DATES.’’

DATE: October 1, 2009, through October 31, 2009.

ADDRESS: Susquehanna River Basin Commission, 1721North Front Street, Harrisburg, PA 17102-2391.

FOR FURTHER INFORMATION CONTACT: RichardA. Cairo, General Counsel, telephone: (717) 238-0423, ext.306; fax: (717) 238-2436; e-mail: [email protected] orStephanie L. Richardson, Secretary to the Commission,telephone: (717) 238-0423, ext. 304; fax: (717) 238-2436;e-mail: [email protected]. Regular mail inquiries maybe sent to the above address.

SUPPLEMENTARY INFORMATION: This notice liststhe projects, described below, receiving approval for the con-sumptive use of water pursuant to the Commission’s ap-proval by rule process set forth in 18 CFR §806.22(f) for thetime period specified above:

Approvals By Rule Issued:1. Chesapeake Appalachia, LLC, Pad ID: Gowan, ABR-

20091001, Terry Township, Bradford County, Pa.; Consump-tive Use of up to 7.500 mgd; Approval Date: October 5, 2009.

2. Chief Oil & Gas, LLC, Pad ID: Poor Shot East UnitDrilling Pad #1, ABR-20091002, Anthony Township, Lycom-

ing County, Pa. Consumptive Use of up to 5.000 mgd; Ap-proval Date: October 5, 2009.

3. East Resources, Inc., Pad ID: Pazzaglia 507, ABR-20091003, Rutland Township, Tioga County, Pa.; Consump-tive Use of up to 4.000 mgd; Approval Date: October 6, 2009.

4. East Resources, Inc., Pad ID: Soderburg 501, ABR-20091004, Sullivan Township, Tioga County, Pa.; Consump-tive Use of up to 4.000 mgd; Approval Date: October 6, 2009.

5. East Resources, Inc., Pad ID: Fitch-1H, ABR-20091005, Union Township, Tioga County, Pa.; Consump-tive Use of up to 4.000 mgd; Approval Date: October 6, 2009.

6. East Resources, Inc., Pad ID: Palmer 112, ABR-20091006, Canton Township, Bradford County, Pa.; Con-sumptive Use of up to 4.000 mgd; Approval Date: October 6,2009.

7. East Resources, Inc., Pad ID: Allen 264, ABR-20091007, Jackson Township, Tioga County, Pa.; Consump-tive Use of up to 4.000 mgd; Approval Date: October 7, 2009.

8. East Resources, Inc., Pad ID: Howe 257, ABR-20091008, Jackson Township, Tioga County, Pa.; Consump-tive Use of up to 4.000 mgd; Approval Date: October 7, 2009.

9. East Resources, Inc., Pad ID: Ostrander 412, ABR-20091009, Jackson Township, Tioga County, Pa.; Consump-tive Use of up to 4.000 mgd; Approval Date: October 7, 2009.

10. Chief Oil & Gas, LLC, Pad ID: Ritchey Unit DrillingPad, ABR-20091010, Juniata Township, Blair County, Pa.;Consumptive Use of up to 1.990 mgd; Approval Date: Octo-ber 7, 2009.

11. East Resources, Inc., Pad ID: Bryan 406, ABR-20091011, Jackson Township, Tioga County, Pa.; Consump-tive Use of up to 4.000 mgd; Approval Date: October 8, 2009.

12. East Resources, Inc., Pad ID: Benson 130D, ABR-20091012, Richmond Township, Tioga County, Pa.; Con-sumptive Use of up to 4.000 mgd; Approval Date: October13, 2009.

13. East Resources, Inc., Pad ID: Cooper 400, ABR-20091013, Tioga Township, Tioga County, Pa.; ConsumptiveUse of up to 4.000 mgd; Approval Date: October 13, 2009.

14. Citrus Energy, Pad ID: Procter and Gamble Me-hoopany Plant IV, ABR-20091014, Washington Township,Wyoming County, Pa.; Consumptive Use of up to 5.000 mgd;Approval Date: October 13, 2009.

15. East Resources, Inc., Pad ID: Burleigh 508, ABR-20091015, Rutland Township, Tioga County, Pa.; Consump-tive Use of up to 4.000 mgd; Approval Date: October 14,2009.

16. East Resources, Inc., Pad ID: Busia 457, ABR-20091016, Jackson Township, Tioga County, Pa.; Consump-tive Use of up to 4.000 mgd; Approval Date: October 19,2009.

17. Chesapeake Appalachia, LLC, Pad ID: Harry, ABR-20091017, West Burlington Township, Bradford County,Pa.; Consumptive Use of up to 7.500 mgd; Approval Date:October 20, 2009.

18. East Resources, Inc., Pad ID: Phillips 504, ABR-20091018, Rutland Township, Tioga County, Pa.; Consump-tive Use of up to 4.000 mgd; Approval Date: October 19,2009.

19. East Resources, Inc., Pad ID: Hungerford 458, ABR-20091019, Jackson Township, Tioga County, Pa.; Consump-tive Use of up to 4.000 mgd; Approval Date: October 19,2009.

2084


20. Chesapeake Appalachia, LLC, Pad ID: James Smith,ABR-20091020, Terry Township, Bradford County, Pa.; Con-sumptive Use of up to 7.500 mgd; Approval Date: October20, 2009.

21. Chesapeake Appalachia, LLC, Pad ID: Jayne, ABR-20091021, Auburn Township, Bradford County, Pa.; Con-sumptive Use of up to 7.500 mgd; Approval Date: October20, 2009.

22. Victory Energy Corporation, Pad ID: Brown #1, ABR-20091022, West Branch Township, Potter County, Pa.; Con-sumptive Use of up to 0.999 mgd; Approval Date: October20, 2009.

23. Cabot Oil and Gas Corporation, Pad ID: ShieldsG P2,ABR-20091023, Dimock Township, Susquehanna County,Pa.; Consumptive Use of up to 3.575 mgd; Approval Date:October 22, 2009.

24. Fortuna Energy, Inc., Pad ID: DCNR 587 Pad #9,ABR-20091024, Ward Township, Tioga County, Pa.; Con-sumptive Use of up to 3.000 mgd; Approval Date: October24, 2009.

25. Fortuna Energy, Inc., Pad ID: Knights 24, ABR-20091025, Troy Township, Bradford County, Pa.; Consump-tive Use of up to 3.000 mgd; Approval Date: October 24,2009.

26. Penn Virginia Oil & Gas Corporation, Pad ID: Cady#1; ABR-20091026, Brookfield Township, Tioga County, Pa.;Consumptive Use of up to 2.000 mgd; Approval Date: Octo-ber 27, 2009.

27. East Resources, Inc., Pad ID: Schildt 259, ABR-20091027, Jackson Township, Tioga County, Pa.; Consump-tive Use of up to 4.000 mgd; Approval Date: October 27,2009.

28. EOG Resources, Inc., Pad ID: PHC 6H, ABR-20090721.1, Lawrence Township, Clearfield County, Pa.;Consumptive Use of up to 1.999 mgd; Modification Date: Oc-tober 28, 2009.



31. Novus Operating, LLC, Pad ID: Wilcox #1, ABR-20090803, Covington Township, Tioga County, Pa.; Con-sumptive Use of up to 0.999 mgd; Transferred Date: October22, 2009.

32. Novus Operating, LLC, Pad ID: Brookfield #1, ABR-20090804, Brookfield Township, Tioga County, Pa.; Con-sumptive Use of up to 0.999 mgd; Transferred Date: October22, 2009.

AUTHORITY: P.L. 91-575, 84 Stat. 1509 et seq., 18 CFRParts 806, 807, and 808.

DATED: November 17, 2009.

STEPHANIE L. RICHARDSONSecretary to the Commission

[09-26-14]

SPECIAL DOCUMENTS 2085


General Notices

Notice on ADA ComplianceThe 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 accom-modations is invited to contact the agency representative at least 48 hours in advance, at the telephone number listed inthe notice or through Maryland Relay.

BOARD OF ACUPUNCTURESubject: Public Meeting on RegulationsDate and Time: January 10, 2010,

1 — 4 p.m.Place: 4201 Patterson Ave., Baltimore,

MDContact: Cynthia Dobbins (410) 764-

4766[09-26-02]

BOARD FOR THE CERTIFICATIONOF RESIDENTIAL CHILD CAREPROGRAM ADMINISTRATORS

Subject: Public MeetingDate and Time: January 8, 2010,

9:30 — 11 a.m.Place: Metro Executive Bldg., 4201

Patterson Ave., Baltimore, MDContact: Kim Mayer (410) 764-5996

[09-26-21]

COMPTROLLER OF THE TREASURYSubject: Administration and Finance

Reduction of Bond Authorization An-nouncement

Add’l. Info: Pursuant to State Financeand Procurement Article, §8-128, An-notated Code of Maryland, which pro-vides that if within, 2 years after thedate of an authorization of State debt,no part of the project or program forwhich the enabling act authorized theState debt is under contract and theBoard of Public Works has not commit-ted money for any part of the project orprogram, the authorization terminatesunless:

(1) The enabling act provides other-wise; or

(2) In an emergency, the Boardunanimously grants a temporary ex-ception for a period of 1 year.

Therefore, with Board of PublicWorks approval of item #4-GM datedDecember 2, 2009, we submit for pub-lication the following cancellation ofbond authorizations in accordancewith the above-referenced article:

MCCBL of 2005 — North Bay Envi-ron. Education Center Loan of 2005(Item 042) Chapter 445 Acts of 2005;$360.02; to provide funds to assist inthe design, construction, and capitalequipping of an Environmental Educa-tion Center.

MCCBL of 2006 — Jefferson Patter-son Park & Museum Loan of 2006(Item 029) Chapter 046, Acts of 2006;$27.00; to provide funds for the plan-ning, design, construction and capital

equipping of the Indian VillageProject.

MCCBL of 2006 — McGuire HouseSenior Public Housing Loan of 2006(Item 039) Chapter 046, Acts of 2006;$450,000; to provide funds for theplanning, design, construction, reno-vation, reconstruction and capitalequipping of the McGuire House Se-nior Public Housing Development lo-cated in Oxon Hill.

Contact: Jim Bilbrough (410) 260-7909[09-26-40]

CORRECTIONAL TRAININGCOMMISSION

Subject: Public MeetingDate and Time: January 19, 2010, 10

a.m. — 12 p.m.Place: Public Safety Education and

Training Center, 6852 4th St., Sykes-ville, MD

Contact: Thomas C. Smith (410) 875-3605

[09-26-33]

BOARD OF COSMETOLOGISTSSubject: Public MeetingDate and Time: January 4, 2010, 9:30

a.m. — 4 p.m.Place: 500 N. Calvert St., Centre St.

Entrance, 2nd Fl., Baltimore, MDContact: Robert Wood (410) 230-6195

[09-26-16]

GOVERNOR’S OFFICE OF CRIMECONTROL AND PREVENTION


1 — 5 p.m.Place: Loch Raven Library, Baltimore,

MDContact: Jessica Winpigler (410) 821-

2830[09-26-47]

BOARD OF DENTAL EXAMINERSSubject: Public Notice of Open SessionsAdd’l. Info: This notice shall serve as

public notice that the Dental Boardmay hereafter give notice to the publicof its open sessions by any of the fol-lowing methods:

(1) By publication in the MarylandRegister;

(2) By delivery to representatives ofthe news media who regularly reporton sessions of the Dental Board or theactivities of the Department of Healthand Mental Hygiene or the State ofMaryland;

(3) By posting or depositing the no-

tice at a convenient public location ator near the offices of the Dental Boardor the place of the session;

(4) By posting the notice on theBoard’s website or the website of theDepartment of Health and Mental Hy-giene; or

(5) By any other reasonable meth-od.

Contact: Alexis McCamey (410) 402-8534

[09-26-04]

PROFESSIONAL STANDARDS ANDTEACHER EDUCATION BOARD

Subject: Public MeetingDate and Time: January 7, 2010, 9:30

a.m. — 12 p.m.Place: Nancy S. Grasmick State Educa-

tion Bldg., 200 W. Baltimore St., Balti-more, MD

Contact: Madeline Koum (410) 767-0385

[09-26-06]

DEPARTMENT OF THEENVIRONMENT/LAND

MANAGEMENT ADMINISTRATIONSubject: Public MeetingDate and Time: January 7, 2010,

9:30 — 11:30 a.m.Place: MDE, 1800 Washington Blvd.,

Aeris Conf. Rm., Baltimore, MDAdd’l. Info: Meeting of the Governor’s

Lead Poisoning Prevention Commis-sion

Contact: Tracy Smith (410) 537-3847[09-26-31]

BOARD OF ENVIRONMENTALSANITARIANS

Subject: Public MeetingDate and Time: February 3, 2010, 9

a.m. — 4 p.m. (Snow Date: February10, 2010)

Place: Howard Co. Dept. of PublicWorks, 8250 Old Montgomery Rd.,Columbia, MD

Add’l. Info: A portion of this meetingmay be held in closed session.

Contact: Kathy Glass (410) 537-3597[09-26-05]

BOARD OF EXAMINING ENGINEERSSubject: Public MeetingDate and Time: January 19, 2010, 10

a.m. — 12 p.m.Place: 500 N. Calvert St., Baltimore,

MDContact: Gae Herzberger (410) 230-

6163[09-26-35]

2086


DEPARTMENT OF GENERALSERVICES/ARCHITECTURAL/

ENGINEERING/PROCUREMENT/GPSSB


a.m.Place: 201 W. Preston St., Rm. L-1, Bal-

timore, MDAdd’l. Info: The agenda for the meeting

is as follows:A. The Board, in making its selec-

tion recommendation for presentationto the Board of Public Works, shall de-termine that the negotiations havebeen conducted in accordance withRegulations and that the Price Pro-posal is fair, competitive, and reason-able for the following project:

Project No. H-453-100-001New Kidney Dialysis Addition and

RenovationUnit 1 North, Deer’s Head Hospital

CenterSalisbury, Wicomico County, Mary-

landUsing Agency: Department of

Health and Mental HygieneB. The Selection Board will also re-

view other matters which may be pre-sented for its consideration.

Please call William A. Davis at 410-767-4296 (Voice) or, for persons withhearing or speech disabilities, call viathe Maryland Relay Service at 1-800-735-2258, to request any reasonableaccommodations you may require.

Contact: William A. Davis (410) 767-4296

[09-26-36]

HALL OF RECORDS COMMISSIONSubject: Public MeetingDate and Time: January 14, 2010,

12 — 2 p.m.Place: Hall of Records Bldg., 350 Rowe

Blvd., Annapolis, MDContact: Leslie Frazer (410) 260-6401

[09-26-30]

DEPARTMENT OF HEALTH ANDMENTAL HYGIENE — FAMILY

HEALTH ADMINISTRATIONSubject: Public MeetingDate and Time: January 6, 2010, 10

a.m. — 12 p.m.Place: WIC Training Center Annex,

9901 Edmonston Rd., Ste. 40, Green-belt, MD

Add’l. Info: Anyone who wishes to at-tend WIC Advisory Council meetingsas an interested party should contactJames A. Butler at 410-767-5258, or1-800-242-4942 toll-free, or by email [email protected] at least 5days in advance of meeting dates. Fu-ture meeting dates will be posted on-line at www.mdwic.org.

Contact: James Butler (410) 767-5258[09-26-09]

DEPARTMENT OF HEALTH ANDMENTAL HYGIENE/OFFICE OF

HEALTH SERVICESSubject: Maryland State PlanAdd’l. Info: The Secretary of Health

and Mental Hygiene proposes toamend the Maryland Medicaid StatePlan in order to add certain servicesfor the assessment and treatment ofsubstance abuse. Effective January 1,2010, covered services will includeComprehensive Substance Abuse As-sessments, Level I Group and Indi-vidual Substance Abuse CounselingServices, and Level II Intensive Out-patient Services. Adding these serviceswill increase payments to community-based substance abuse treatment pro-grams that are certified by the Officeof Health Care Quality by $1,100,000for a 6-month period. Copies of theproposed changes are available forpublic review at the local health de-partment in each county and Balti-more City. Written comments may besent to Susan Tucker, Executive Direc-tor, Office of Health Services, Depart-ment of Health and Mental Hygiene,201 West Preston St., Rm. 127, Balti-more, Maryland 21201, or fax to 410-333-5185.

Contact: Susan Tucker (410) 767-1430[09-26-46]

DEPARTMENT OF HEALTH ANDMENTAL HYGIENE/MEDICAID

PHARMACY AND THERAPEUTICSCOMMITTEE


a.m. — 1 p.m.Place: Conference Center, Sheppard

Pratt Hospital, 6501 N. Charles St.,Towson, MD

Add’l. Info: Meeting of the MarylandMedicaid Pharmacy Program’s Phar-macy and Therapeutics Committee(Preferred Drug List). Classes of drugsto be reviewed are posted on the Mary-land Pharmacy Program website athttp://www.dhmh.state.md.us/mma/mpap/prefdruglist.html. See websitefor agenda, speaker registration, re-strictions, and driving directions. Sub-mit email questions to [email protected].

Contact: Alex Taylor (410) 767-5878[09-26-44]

BOARD OF HEATING, VENTILATION,AIR-CONDITIONING, AND

REFRIGERATION CONTRACTORS(HVACR)


a.m. — 12 p.m.Place: 500 N. Calvert St., 3rd Fl. Conf.

Rm., Baltimore, MDContact: Steve Smitson (410) 230-6169

[09-26-38]

DIVISION OF LABOR ANDINDUSTRY/MARYLAND

OCCUPATIONAL SAFETY ANDHEALTH (MOSH) ADVISORY BOARDSubject: Public MeetingDate and Time: January 6, 2010, 10

a.m.Place: Laurel College Center, 312 Mar-

shall Ave., 6th Fl., Laurel, MDAdd’l. Info: The Board is scheduled to

meet to discuss issues relating to occu-pational safety and health. Interestedpersons should call the contact personto confirm the meeting.

Contact: Debbie Stone (410) 767-2225[09-26-48]

BOARD FOR PROFESSIONAL LANDSURVEYORS


a.m.Place: 500 N. Calvert St., 3rd Fl. Conf.

Rm., Baltimore, MDContact: Pamela J. Edwards (410) 230-

6263[09-26-41]

MARYLAND HEALTH CARECOMMISSION


1 p.m.Place: Maryland Health Care Commis-

sion, 4160 Patterson Ave., Conf. Rm.100, Baltimore, MD

Add’l. Info: Individuals requiring spe-cial accommodations are requested tocontact Valerie Wooding at (410) 764-3460, or the Department of Health andMental Hygiene TTY at (410) 383-7755, not later than 20 working daysbefore the meeting to make arrange-ments.

Contact: Valerie Wooding (410) 764-3460

[09-26-12]

MARYLAND HEALTH CARECOMMISSION

Subject: Notice of Request for Modifica-tion to Approved CON

Add’l. Info: On November 23,2009, theMaryland Health Care Commission(MHCC) received notice and a requestfor approval of project changes underCOMAR 10.24.01.17B from Washing-ton County Hospital Association,holder of a Certificate of Need (CON),Docket No. 04-21-2146, issued on June26, 2005.

The project’s sponsor has requestedapproval for:

1. A significant change in physicalplant design; and 2. An increase incapital costs Please refer to the DocketNo. listed above in any correspondenceon this request, a copy of which isavailable for review by appointment inMHCC offices during regular business

GENERAL NOTICES 2087


hours. All correspondence should beaddressed to Pamela W. Barclay,Deputy Director, Health Resources,MHCC, 4160 Patterson Avenue, Balti-more, Maryland 21215.

Contact: Ruby Potter (410) 764-3276[09-26-17]

GOVERNOR’S COMMISSION ONMARYLAND MILITARY MONUMENTSSubject: Public MeetingDate and Time: January 13, 2010,

1:30 — 3:30 p.m.Place: To Be Determined, MDContact: Cate Conroy (410) 260-3840

[09-26-03]

MINORITY BUSINESS ENTERPRISEADVISORY COMMITTEE


a.m. — 5 p.m.Place: Harry R. Hughes Dept. of Trans-

portation Bldg., 7201 Corporate Cen-ter Dr., Harry Hughes Conf. Stes. 1and 2, Hanover, MD

Contact: Catherine Svoboda (410) 865-1357

[09-26-32]

BOARD OF MORTICIANS ANDFUNERAL DIRECTORS

Subject: Public Meeting on RegulationsDate and Time: January 11, 2010, 10

a.m. — 12 p.m.Place: 4201 Patterson Ave., Rms. 108/

109, Baltimore, MDAdd’l. Info: Review statutes and regu-

lations and vote as necessary. Signlanguage interpreter and/or other ap-propriate accommodations for quali-fied individuals with disabilities willbe provided upon request.

Contact: Lou Ann Cox (410) 764-4792[09-26-52]

BOARD OF MORTICIANS ANDFUNERAL DIRECTORS


10:30 a.m. — 12:30 p.m.Place: 4201 Patterson Ave., Rm. 100,

Baltimore, MDAdd’l. Info: Review statutes and regu-

lations and vote as necessary. Signlanguage interpreter and/or other ap-propriate accommodations for quali-fied individuals with disabilities willbe provided upon request.

Contact: Laurie Sheffield-James (410)764-4792

[09-26-01]

BOARD OF PILOTSSubject: Public MeetingDate and Time: January 8, 2010, 10:30

a.m.Place: 500 N. Calvert St., 3rd Fl. Conf.

Rm., Baltimore, MDContact: Pamela J. Edwards (410) 230-

6263[09-26-43]

POLICE TRAINING COMMISSIONSubject: Public MeetingDate and Time: January 12, 2010, 10

a.m. — 12 p.m.Place: Public Safety Education and

Training Center, 6852 4th St., Sykes-ville, MD

Contact: Thomas C. Smith (410) 875-3605

[09-26-34]

BOARD OF EXAMINERS OFPSYCHOLOGISTS


a.m. — 1 p.m.Place: 4201 Patterson Ave., Conf. Rm.

110, Baltimore, MDAdd’l. Info: Sign language interpre-

ters/other appropriate accommoda-tions for qualified individuals with dis-abilities will be provided upon request.

Contact: Dorothy Kutcherman (410)764-4703

[09-26-45]

REAL ESTATE COMMISSIONSubject: Public MeetingDate and Time: January 20, 2010,

10:30 a.m.Place: Dept. of Labor, Licensing, and

Regulation, 500 N. Calvert St., 3rd Fl.Conf. Rm., Baltimore, MD

Contact: Patricia Hannon (410) 230-6199

[09-26-18]

REAL ESTATE COMMISSIONSubject: Public HearingDate and Time: January 20, 2010,

12:30 p.m.Place: Dept. of Labor, Licensing, and

Regulation, 500 N. Calvert St., 3rd Fl.Conf. Rm., Baltimore, MD

Contact: Patricia Hannon (410) 230-6199

[09-26-19]

MARYLAND BUSINESS TAXREFORM COMMISSION


1:30 — 4 p.m.Place: Louis L. Goldstein Treasury

Bldg., 80 Calvert St., Assembly Rm.,Annapolis, MD

Contact: Linda I. Vasbinder (410) 260-7450

[09-26-10]

MARYLAND BUSINESS TAXREFORM COMMISSION


2 — 4 p.m.Place: Louis L. Goldstein Treasury

Bldg., 80 Calvert St., Assembly Rm.,Annapolis, MD

Contact: Linda I. Vasbinder (410) 260-7450

[09-26-13]

BOARD OF WATERWORKS ANDWASTE SYSTEMS OPERATORS


a.m. — 3 p.m.Place: WSSC, Hocevar Bldg., Laurel,

MDAdd’l. Info: A portion of this meeting

may be held in closed session.Contact: Pat Kratochvil (410) 537-3167

[09-26-07]

GENERAL NOTICES2088
