3824

IN THIS ISSUE

Judiciary

Regulations

Errata

Special Documents

General Notices

Volume 38 • Issue 24 • Pages 1483—1554

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before October 31, 2011, 5 p.m. Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of October 31, 2011.

Brian Morris Acting Administrator, Division of State Documents

Office of the Secretary of State

Issue Date: November 18, 2011

Information About the Maryland Register and COMAR

MARYLAND REGISTER

The Maryland Register is an official State publication published

every other week throughout the year. A cumulative index is

published quarterly.

The Maryland Register is the temporary supplement to the Code of

Maryland Regulations. Any change to the text of regulations

published in COMAR, whether by adoption, amendment, repeal, or

emergency action, must first be published in the Register.

The following information is also published regularly in the

Register:

• Governor‘s Executive Orders

• Attorney General‘s Opinions in full text

• Open Meetings Compliance Board Opinions in full text

• State Ethics Commission Opinions in full text

• Court Rules

• District Court Administrative Memoranda

• Courts of Appeal Hearing Calendars

• Agency Hearing and Meeting Notices

• Synopses of Bills Introduced and Enacted by the General

Assembly

• Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

The Maryland Register is cited by volume, issue, page number, and

date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue

8, pages 815—817 of the Maryland Register issued on April 17,

1992.

CODE OF MARYLAND REGULATIONS (COMAR)

COMAR is the official compilation of all regulations issued by

agencies of the State of Maryland. The Maryland Register is

COMAR‘s temporary supplement, printing all changes to regulations

as soon as they occur. At least once annually, the changes to

regulations printed in the Maryland Register are incorporated into

COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

COMAR regulations are cited by title number, subtitle number,

chapter number, and regulation number. Example: COMAR

10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

Incorporation by reference is a legal device by which a document is

made part of COMAR simply by referring to it. While the text of an

incorporated document does not appear in COMAR, the provisions of

the incorporated document are as fully enforceable as any other

COMAR regulation. Each regulation that proposes to incorporate a

document is identified in the Maryland Register by an Editor‘s Note.

The Cumulative Table of COMAR Regulations Adopted, Amended

or Repealed, found online, also identifies each regulation

incorporating a document. Documents incorporated by reference are

available for inspection in various depository libraries located

throughout the State and at the Division of State Documents. These

depositories are listed in the first issue of the Maryland Register

published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives

information about past changes to regulations. To determine if there have

been any subsequent changes, check the ‗‗Cumulative Table of COMAR

Regulations Adopted, Amended, or Repealed‘‘ which is found online at

www.dsd.state.md.us/CumulativeIndex.pdf. This table lists the regulations

in numerical order, by their COMAR number, followed by the citation to

the Maryland Register in which the change occurred. The Maryland

Register serves as a temporary supplement to COMAR, and the two

publications must always be used together. A Research Guide for Maryland

Regulations is available. For further information, call 410-260-3876.

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For subscription forms for the Maryland Register and COMAR, see

the back pages of the Maryland Register. Single issues of the

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Maryland citizens and other interested persons may participate in

the process by which administrative regulations are adopted,

amended, or repealed, and may also initiate the process by which the

validity and applicability of regulations is determined. Listed below

are some of the ways in which citizens may participate (references

are to State Government Article (SG),

Annotated Code of Maryland):

• By submitting data or views on proposed regulations either orally

or in writing, to the proposing agency (see ‗‗Opportunity for Public

Comment‘‘ at the beginning of all regulations appearing in the

Proposed Action on Regulations section of the Maryland Register).

(See SG, §10-112)

• By petitioning an agency to adopt, amend, or repeal regulations.

The agency must respond to the petition. (See SG §10-123)

• By petitioning an agency to issue a declaratory ruling with respect

to how any regulation, order, or statute enforced by the agency

applies. (SG, Title 10, Subtitle 3)

• By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation

interferes with or impairs the legal rights or privileges of the

petitioner. (SG, §10-125)

• By inspecting a certified copy of any document filed with the

Division of State Documents for publication in the Maryland

Register. (See SG, §7-213)

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland

21401. Tel. 410-260-3876; Fax 410-280-5647. Published biweekly, with

cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription

rate for the Maryland Register is $225 per year (first class mail). All

subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices.

Martin O’Malley, Governor; John P. McDonough, Secretary of State;

Brian Morris, Acting Administrator; Gail S. Klakring, Senior Editor; Mary

D. MacDonald, Editor, Maryland Register and COMAR; Elizabeth Ramsey,

Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help

Desk, COMAR and Maryland Register Online. Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic

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buyer agrees that the purchase is for individual use only and will not sell the product to another individual or entity.

Contents 1485

MARYLAND REGISTER, VOLUME 38, ISSUE 24, FRIDAY, NOVEMBER 18, 2011

Closing Dates for the Maryland Register Schedule of Closing Dates and Issue Dates for the

Maryland Register .................................................................. 1487

COMAR Research Aids Table of Pending Proposals ........................................................ 1488

Index of COMAR Titles Affected in This Issue COMAR Title Number and Name Page

03 Comptroller of the Treasury ............................................ 1499

05 Department of Housing and Community Development .... 1499

08 Department of Natural Resources ................................... 1500

09 Department of Labor, Licensing, and Regulation ........... 1501

10 Department of Health and Mental Hygiene .... 1495, 1501, 1505

12 Department of Public Safety and Correctional

Services ............................................................. 1496, 1518

13A State Board of Education ................................................ 1540

14 Independent Agencies ................................. 1496, 1503, 1541

20 Public Service Commission ............................................ 1503

30 Maryland Institute for Emergency Medical Services

Systems (MIEMSS) .................................................... 1503

31 Maryland Insurance Administration ............................... 1548

34 Department of Planning .................................................. 1504

PERSONS WITH DISABILITIES Individuals with disabilities who desire assistance in using the

publications and services of the Division of State Documents are

encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to

(410) 974-2546, or through Maryland Relay.

The Judiciary

COURT OF APPEALS OF MARYLAND ATTORNEYS TO BE ADMITTED TO THE BAR ........ 1491

COURT OF SPECIAL APPEALS SCHEDULE FOR DECEMBER 1, 2, 5, 6, 7, 8, 9, 12, 13, 14,

AND 15, 2011 ............................................................... 1492

Emergency Action on Regulations

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE DANGEROUS DEVICES AND SUBSTANCES

Controlled Dangerous Substances ................................... 1495 MARYLAND HEALTH CARE COMMISSION

Electronic Health Record Incentives ................................ 1495 BOARD OF PHARMACY

Pharmacist Administration of Vaccinations ..................... 1495 12 DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES PATUXENT INSTITUTION

Inmate Discipline ............................................................. 1496 14 INDEPENDENT AGENCIES

MARYLAND ENERGY ADMINISTRATION Green Building Tax Credit Program ................................ 1496

Final Action on Regulations

03 COMPTROLLER OF THE TREASURY ALCOHOL AND TOBACCO TAX

Tobacco Tax .................................................................... 1499

05 DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT BUILDING AND MATERIAL CODES

Model Performance Code ................................................ 1499 Maryland Accessibility Code .......................................... 1499 Maryland Building Performance Standards ..................... 1500

08 DEPARTMENT OF NATURAL RESOURCES FISHERIES SERVICE

Striped Bass ..................................................................... 1500 BOATING

Certificate of Title ........................................................... 1500 Documented Vessels ....................................................... 1501

BOATING — SPEED LIMITS AND OPERATION OF

VESSELS Noise Level Limits of Vessels ......................................... 1501

09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION WORKFORCE DEVELOPMENT AND ADULT LEARNING

Alternative Ways to Earn a High School Diploma .......... 1501 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

PROCEDURES Nursing Facility Quality Assessment .............................. 1501

MEDICAL CARE PROGRAMS Pharmacy Services .......................................................... 1502 Hospital Services ............................................................. 1502 Hospital Services ............................................................. 1502 Nursing Facility Services ................................................ 1502

DANGEROUS DEVICES AND SUBSTANCES Prohibition of Bisphenol-A in Child Care Articles .......... 1502

14 INDEPENDENT AGENCIES WORKERS‘ COMPENSATION COMMISSION

Procedural Regulations .................................................... 1503 20 PUBLIC SERVICE COMMISSION

SERVICE SUPPLIED BY ELECTRIC COMPANIES General ............................................................................ 1503 Deanna Camille Green Rule — Contact Voltage Survey

Requirement and Reporting .......................................... 1503 30 MARYLAND INSTITUTE FOR EMERGENCY

MEDICAL SERVICES SYSTEMS (MIEMSS) PUBLIC ACCESS AUTOMATED EXTERNAL

DEFIBRILLATOR PROGRAM Protocol ........................................................................... 1503

34 DEPARTMENT OF PLANNING HISTORICAL AND CULTURAL PROGRAMS

Sustainable Communities Tax Credit Certification ......... 1504

Proposed Action on Regulations

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE BOARD OF EXAMINERS OF NURSING HOME

ADMINISTRATORS Nursing Home Administrators ......................................... 1505

BOARD OF EXAMINERS OF PSYCHOLOGISTS Disciplinary Sanctions and Monetary Penalties .............. 1513

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR

WOMEN, INFANTS, AND CHILDREN (WIC) Eligibility, Participation, and Benefits ............................. 1515 Local Agency .................................................................. 1515

12 DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES PATUXENT INSTITUTION

Inmate Discipline ............................................................ 1518

Contents 1486


13A STATE BOARD OF EDUCATION CHILD CARE CENTERS

Scope and Definitions ...................................................... 1540 License Application and Maintenance ............................. 1540 Child Protection ............................................................... 1540 Administrative Hearings .................................................. 1540

14 INDEPENDENT AGENCIES WORKERS‘ COMPENSATION COMMISSION

Guide of Medical and Surgical Fees ................................ 1541 PUBLIC SCHOOL LABOR RELATIONS BOARD

Recognition of Employee Organizations ......................... 1541 General Procedures .......................................................... 1541

31 MARYLAND INSURANCE ADMINISTRATION HEALTH INSURANCE — GENERAL

Health Insurance .............................................................. 1548

Errata

COMAR 09.03.12 ................................................................ 1550 COMAR 10.54.03 ................................................................ 1550 COMAR 11.18.02 ................................................................ 1550 COMAR 34.04.07 ................................................................ 1550 COMAR 10.07.05 ................................................................ 1550

Special Documents

MARYLAND HEALTH CARE COMMISSION Application for Waiver to Provide Primary Percutaneous

Coronary Intervention (pPCI) Services ......................... 1551

General Notices

ATHLETIC COMMISSION Public Meeting ................................................................. 1552

BOARD FOR THE CERTIFICATION OF RESIDENTIAL

CHILD CARE PROGRAM ADMINISTRATORS Public Meeting ................................................................. 1552

BOARD OF CHIROPRACTIC AND MASSAGE THERAPY

EXAMINERS Public Meeting ................................................................. 1552

CONSUMER COUNCIL OF MARYLAND Public Meeting ................................................................. 1552

CRIMINAL JUSTICE INFORMATION ADVISORY BOARD Public Meeting ................................................................. 1552

COMMISSION ON CRIMINAL SENTENCING POLICY Public Meeting ................................................................. 1552 Public Hearing ................................................................. 1552

PROFESSIONAL STANDARDS AND TEACHER

EDUCATION BOARD Public Meeting ................................................................. 1552

MARYLAND STATE BOARD OF EDUCATION Public Meeting ................................................................. 1552

ELEVATOR SAFETY REVIEW BOARD Public Meeting ................................................................. 1552

STATEWIDE EMERGENCY MEDICAL SERVICES

ADVISORY COUNCIL (SEMSAC) Public Meeting ................................................................. 1552

BOARD FOR PROFESSIONAL ENGINEERS Public Meeting ................................................................. 1552

FIRE PREVENTION COMMISSION Public Meeting ................................................................. 1552

DEPARTMENT OF HEALTH AND MENTAL

HYGIENE/OFFICE OF HEALTH SERVICES Draft Special Needs Trust Regulations ............................ 1553

BOARD OF HEATING, VENTILATION, AIR-

CONDITIONING, AND REFRIGERATION

CONTRACTORS (HVACR) Public Meeting ................................................................ 1553

HOME IMPROVEMENT COMMISSION Public Meeting ................................................................ 1553

MARYLAND INSURANCE ADMINSTRATION Public Hearing ................................................................. 1553

BOARD FOR PROFESSIONAL LAND SURVEYORS Public Meeting ................................................................ 1553

MARYLAND HEALTH CARE COMMISSION Public Meeting ................................................................ 1553 Receipt of Application..................................................... 1553 Formal Start of Review ................................................... 1553

MINORITY BUSINESS ENTERPRISE ADVISORY

COMMITTEE Public Meeting ................................................................ 1554

BOARD OF EXAMINERS OF NURSING HOME

ADMINISTRATORS Public Meeting ................................................................ 1554

BOARD OF OCCUPATIONAL THERAPY PRACTICE Public Meeting ................................................................ 1554

BOARD OF PODIATRIC MEDICAL EXAMINERS Public Meeting ................................................................ 1554

PROCUREMENT ADVISORY COUNCIL (PAC) Public Meeting ................................................................ 1554

BOARD OF EXAMINERS OF PSYCHOLOGISTS Public Meeting ................................................................ 1554

STATE BOARD OF INDIVIDUAL TAX PREPARERS Public Meeting ................................................................ 1554

MARYLAND TRANSPORTATION AUTHORITY Public Meeting ................................................................ 1554

WORKERS‘ COMPENSATION COMMISSION Public Meeting ................................................................ 1554

COMAR Online The Code of Maryland Regulations is available at

www.dsd.state.md.us as a free service of the Office of the

Secretary of State, Division of State Documents. The full text

of regulations is available and searchable. Note, however, that

the printed COMAR continues to be the only official and

enforceable version of COMAR.

The Maryland Register is also available at

www.dsd.state.md.us.

For additional information, visit www.sos.state.md.us,

Division of State Documents, or call us at (410) 974-2486 or 1

(800) 633-9657.

http://www.dsd.state.md.us/

http://www.sos.state.md/

Contents 1487


Availability of Monthly List of

Maryland Documents The Maryland Department of Legislative Services

receives copies of all publications issued by State officers and

agencies. The Department prepares and distributes, for a fee, a

list of these publications under the title ‗‗Maryland

Documents‘‘. This list is published monthly, and contains

bibliographic information concerning regular and special

reports, bulletins, serials, periodicals, catalogues, and a variety

of other State publications. ‗‗Maryland Documents‘‘ also

includes local publications.

Anyone wishing to receive ‗‗Maryland Documents‘‘

should write to: Legislative Sales, Maryland Department of

Legislative Services, 90 State Circle, Annapolis, MD 21401.

CLOSING DATES AND ISSUE DATES

through JULY 27, 2012

Issue

Date

Emergency

and Proposed

Regulations

5:00 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

December 2** November 14 November 18 November 16

December 16 November 28 December 7 December 5

December 30 December 12 December 21 December 19

January 13** December 22 January 4 December 30

January 27** January 9 January 18 January 13

February 10 January 23 February 1 January 30

February 24** February 6 February 14 February 13

March 9** February 17 February 29 February 27

March 23 March 5 March 14 March 12

April 6 March 19 March 28 March 26

April 20 April 2 April 11 April 9

May 4 April 16 April 25 April 23

May 18 April 30 May 9 May 7

June 1** May 14 May 21 May 18

June 15** May 24 June 6 June 4

June 29 June 11 June 20 June 18

July 13** June 25 July 3 July 2

July 27 July 9 July 18 July 16

* Due date for documents containing 8 to 18 pages — 48 hours

before date shown

Due date for documents exceeding 18 pages — 1 week before date

shown

NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN

TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED

FORMAT. THE REVISED PAGE COUNT REFLECTS THIS

FORMATTING.

** Note closing date changes

The regular closing date for Proposals and Emergencies is

Monday.

1488


Cumulative Table of COMAR Regulations

Adopted, Amended, or Repealed This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in

the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR).

The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a

citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by

―(err)‖. Regulations referencing a document incorporated by reference are followed by ―(ibr)‖. None of the proposals listed in this table have

been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

03 COMPTROLLER OF THE TREASURY

03.06.01.43 • 38:23 Md. R. 1425 (11-4-11)

03.06.01.44 • 38:13 Md. R. 758 (6-17-11)

05 DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT

05.05.07.01—.31 • 37:20 Md. R. 1398 (09-24-10)

05.17.01.01—.13 • 38:21 Md. R. 1282 (10-7-11)

05.17.02.01—.07 • 38:21 Md. R. 1282 (10-7-11)

07 DEPARTMENT OF HUMAN RESOURCES

07.02.13.01,.02,.04 • 38:22 Md. R. 1348 (10-21-11)

08 DEPARTMENT OF NATURAL RESOURCES

08.02.04.03,.04,.06,.16 • 38:23 Md. R. 1426 (11-4-11)

08.02.04.15 • 38:16 Md. R. 950 (7-29-11)

08.02.04.17 • 38:22 Md. R. 1349 (10-21-11)

08.02.05.09 • 38:22 Md. R. 1350 (10-21-11)

08.02.08.02 • 38:23 Md. R. 1426 (11-4-11)

08.02.23.02—.04,.07 • 38:23 Md. R. 1429 (11-4-11)

08.04.03.01—.18 • 38:19 Md. R. 1151 (9-9-11)

08.04.09.01 • 38:19 Md. R. 1153 (9-9-11)

09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION

09.03.01.17 • 38:21 Md. R. 1288 (10-7-11)

09.03.12.01—12 • 38:21 Md. R. 1289 (10-7-11)

09.12.01.16-1 • 38:22 Md. R. 1351 (10-21-11)

09.12.28.01—.07 •38:14 Md. R. 794 (7-1-11) (ibr)

09.12.81.01 • 38:21 Md. R. 1292 (10-7-11) (ibr)

09.15.02.12 •37:23 Md. R. 1614 (11-5-10)

09.16.01.05,.06 • 38:15 Md. R. 901 (7-15-11)

09.19.07.01 • 38:17 Md. R. 1028 (8-12-11)

09.20.04.01,.02 • 37:4 Md. R. 346 (2-12-10)

38:3 Md. R. 176 (1-28-11)

09.22.01.10,.11 • 38:15 Md. R. 901 (7-15-11)

09.23.04.03 • 38:21 Md. R. 1294 (10-7-11)

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitles 01 — 08 (1st Volume)

10.01.04.01—.11 • 38:3 Md. R. 180 (1-28-11)

38:14 Md. R. 800 (7-1-11)

10.01.21.01—.07 • 38:20 Md. R. 1213 (9-23-11)

10.03.01.02—.07,.07-1,.08—.15 • 38:22 Md. R. 1352 (10-21-11)

Subtitle 09 (2nd Volume)

10.09.04.01,.03 • 38:9 Md. R. 555 (4-22-11)

10.09.09.07 • 38:20 Md. R. 1215 (9-23-11) (ibr)

10.09.24.13 • 38:3 Md. R. 180 (1-28-11)

38:14 Md. R. 800 (7-1-11)

10.09.30.06 • 38:21 Md. R. 1295 (10-7-11)

10.09.63.06 • 38:22 Md. R. 1354 (10-21-11)

10.09.65.02 • 38:22 Md. R. 1357 (10-21-11)

10.09.65.03,.13,.17,.18,.28 •38:22 Md. R. 1354 (10-21-11)

10.09.66.05,.06,.07 • 38:22 Md. R. 1354 (10-21-11)

10.09.67.04,.28 • 38:22 Md. R. 1354 (10-21-11)

10.09.81.01—.07 • 37:20 Md. R. 1409 (09-24-10)

Subtitles 10 — 22 (3rd Volume)

10.10.01.03 • 37:25 Md. R. 1745 (12-3-10)

10.10.03.02 • 37:25 Md. R. 1745 (12-3-10)

10.10.06.02 • 37:25 Md. R. 1745 (12-3-10)

10.10.11.02—.05,.07—.16,.19,

.23 • 38:23 Md. R. 1430 (11-4-11) (ibr)

10.15.03.02,.14,.23,.27,.28,.33 • 38:23 Md. R. 1433 (11-4-11)

10.19.03.13 • 38:19 Md. R. 1163 (9-9-11)

PENDING PROPOSALS

1489


Subtitles 23 — 36 (4th Volume)

10.25.16.01—.07 • 38:22 Md. R. 1357 (10-21-11)

10.32.08.01—.11 • 38:22 Md. R. 1360 (10-21-11)

10.33.01.12,.15—.17,.17-1,.18—.29 • 38:24 Md. R. 1505 (11-18-11)

10.34.25.01—.03 • 38:22 Md. R. 1365 (10-21-11)

10.34.28.01,.02,.04—.12 • 36:25 Md. R. 1965 (12-4-09)

10.34.28.01,.02,.04—.14 • 38:2 Md. R. 93 (1-14-11)

10.34.32.03 • 38:23 Md. R. 1435 (11-4-11)

10.36.08.01—.06 • 38:24 Md. R. 1513 (11-18-11)

Subtitles 37—59 (5th Volume)

10.38.10.01—.07 • 38:23 Md. R. 1436 (11-4-11)

10.44.21.01,.02,.04,.05,.10,.11 • 38:11 Md. R. 674 (5-20-11)

38:18 Md. R. 1086 (8-26-11)

10.44.30.01—.05 •38:14 Md. R. 812 (7-1-11)

10.44.31.01—.06 • 38:22 Md. R. 1367 (10-21-11)

10.44.33.01—.06 • 38:19 Md. R. 1164 (9-9-11)

10.50.01.10 • 38:22 Md. R. 1373 (10-21-11)

10.54.01.03,.04,.07 • 38:24 Md. R. 1515 (11-18-11)

10.54.02.09,.10,.14 • 38:24 Md. R. 1515 (11-18-11)

10.54.03.03,.09-1,.10,.13—.16 • 38:21 Md. R. 1296 (10-7-11)

11 DEPARTMENT OF TRANSPORTATION

11.02.08.01—.10 • 38:20 Md. R. 1216 (9-23-11)

11.11.05.03 • 38:20 Md. R. 1220 (9-23-11)

11.11.11.02 • 38:20 Md. R. 1220 (9-23-11)

11.11.13.01,.03,.05,.07 • 38:20 Md. R. 1220 (9-23-11)

11.14.01.01,.03,.04,.06,.07,.10,.11,

.14—.16 • 38:23 Md. R. 1440 (11-4-11)

11.14.02.01,.06,.12,.14,.17 • 38:23 Md. R. 1440 (11-4-11)

11.14.04.14,.16,.19 • 38:23 Md. R. 1440 (11-4-11)

11.18.02.01,.08 • 38:22 Md. R. 1374 (10-21-11)

11.21.01.01—.03 • 38:23 Md. R. 1458 (11-4-11)

12 DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES

12.02.27.02—.05,.07—.09,.12,.13,.15—.27,.30—.37,

.39 • 38:20 Md. R. 1222 (9-23-11)

12.04.01.04—.12,.14—.21 • 38:21 Md. R. 1297 (10-7-11)

12.04.02.01—.03,.11—13 • 38:21 Md. R. 1297 (10-7-11)

12.04.05.01,.06 • 38:21 Md. R. 1297 (10-7-11)

12.04.06.01—.18 • 38:21 Md. R. 1297 (10-7-11)

12.10.01.04—.06,.08,.09,.14—.17,

.19—.27 • 38:15 Md. R. 904 (7-15-11)

12.10.04.01—.31 • 38:15 Md. R. 904 (7-15-11)

12.10.05.01 • 38:15 Md. R. 904 (7-15-11)

12.10.06.01—.16 • 38:15 Md. R. 904 (7-15-11)

12.12.30.02—.09,.12,.13,.15—27,.30—.37,

.39 • 38:24 Md. R. 1518 (11-18-11)

13A STATE BOARD OF EDUCATION

13A.02.06.02 • 38:20 Md. R. 1244 (9-23-11)

13A.03.04.07 • 38:22 Md. R. 1374 (10-21-11)

13A.05.09.02 • 38:23 Md. R. 1459 (11-4-11)

13A.07.04.01.,01-1,.05,.06 •37:16 Md. R. 1082 (7-30-10) (ibr)

13A.08.01.01 • 38:20 Md. R. 1244 (9-23-11)

13A.08.01.17 • 38:22 Md. R. 1375 (10-21-11)

13A.08.02.01 • 38:20 Md. R. 1244 (9-23-11) (ibr)

13A.12.02.27 • 38:14 Md. R. 815 (7-1-11)

13A.12.03.02,.03,.11 • 38:17 Md. R. 1038 (8-12-11)

13A.16.01.02 • 38:24 Md. R. 1540 (11-18-11)

13A.16.02.01 • 38:24 Md. R. 1540 (11-18-11)

13A.16.07.06 • 38:24 Md. R. 1540 (11-18-11)

13A.16.18.01,.02 • 38:24 Md. R. 1540 (11-18-11)

14 INDEPENDENT AGENCIES

14.01.11.04 • 38:23 Md. R. 1459 (11-4-11)

14.01.11.08 • 38:23 Md. R. 1460 (11-4-11)

14.01.14.47 • 38:23 Md. R. 1460 (11-4-11)

14.01.16.03,.04,.08,.09,.11 • 38:23 Md. R. 1460 (11-4-11)

14.01.18.03 • 38:23 Md. R. 1459 (11-4-11)

14.09.03.01,.04,.09 • 38:23 Md. R. 1462 (11-4-11)

14.34.01.01—.03 • 38:24 Md. R. 1541 (11-18-11)

14.34.02.01—.03 • 38:24 Md. R. 1541 (11-18-11)

20 PUBLIC SERVICE COMMISSION

20.50.01.03,.05 • 38:5 Md. R. 332 (2-25-11)

38:22 Md. R. 1377 (10-21-11)

20.50.10.05 • 38:5 Md. R. 332 (2-25-11)

38:22 Md. R. 1377 (10-21-11)

20.90.02.19 • 38:20 Md. R. 1245 (9-23-11)

20.90.03.17 • 38:20 Md. R. 1245 (9-23-11)

21 STATE PROCUREMENT REGULATIONS

21.11.03.01,.08,.09,.12,.12-1,.14 • 38:20 Md. R. 1247 (9-23-11)

21.11.12.01—.09 • 38:20 Md. R. 1249 (9-23-11)

26 DEPARTMENT OF THE ENVIRONMENT

Subtitles 13—18 (Part 3)

26.17.01.01 • 37:19 Md. R. 1329 (9-10-10) (err)

26.17.01.01—.11 • 37:18 Md. R. 1244 (8-27-10) (ibr)

38:18 Md. R. 1101 (8-26-11) (ibr)

29 MARYLAND STATE POLICE

29.02.01.01,.02,.11,.14 • 38:23 Md. R. 1465 (11-4-11)

29.06.04.03—.07 • 38:21 Md. R. 1310 (10-7-11)

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL

SERVICES SYSTEMS (MIEMSS)

30.03.05.02 • 38:19 Md. R. 1172 (9-9-11)

31 MARYLAND INSURANCE ADMINISTRATION

31.10.01.01—.03 • 38:24 Md. R. 1548 (11-18-11)

31.12.08.04 • 38:17 Md. R. 1039 (8-12-11)

31.14.03.10 • 38:20 Md. R. 1251 (9-23-11)

33 STATE BOARD OF ELECTIONS

33.01.01.01 • 38:23 Md. R. 1468 (11-4-11)

33.07.07.01—.04 • 38:23 Md. R. 1468 (11-4-11)

33.07.08.01,.03 • 38:23 Md. R. 1468 (11-4-11)

33.07.09.01—.06 • 38:23 Md. R. 1468 (11-4-11)

33.11.03.08 • 38:23 Md. R. 1470 (11-4-11)

33.11.04.03 • 38:23 Md. R. 1470 (11-4-11)

33.13.02.02 • 38:21 Md. R. 1313 (10-7-11)

33.13.03.02 • 38:21 Md. R. 1313 (10-7-11)

33.13.05.01,.02 • 38:21 Md. R. 1313 (10-7-11)

PENDING PROPOSALS

1490


33.13.06.03—.05 • 38:21 Md. R. 1313 (10-7-11)

33.13.06.03,.05 • 38:23 Md. R. 1471 (11-4-11)

33.13.08.01—.05 • 38:21 Md. R. 1313 (10-7-11)

33.13.09.01—.05 • 38:21 Md. R. 1313 (10-7-11)

33.13.10.01,.02 • 38:23 Md. R. 1471 (11-4-11)

33.17.06.08—.11 • 38:23 Md. R. 1468 (11-4-11)

1491


The Judiciary

COURT OF APPEALS OF

MARYLAND

ATTORNEYS TO BE ADMITTED TO

THE BAR The State Board of Law Examiners, after careful consideration of

their qualifications, has by report to the Court recommended that the

applicants named on Exhibit A attached hereto be admitted to the

Bar, conditioned upon successful completion of the Professionalism

Course pursuant to Rule 11 of Rules Governing Admission to the Bar

of Maryland. As to certain applicants named in an attachment to the

Report, the favorable recommendation also is conditioned upon the

outcome of proceedings pending under Section (j) of Rule 13 (Out-

of-State Attorneys) of Rules Governing Admission to the Bar of

Maryland.

It is thereupon the 28th day of October 2011, by the Court of

Appeals of Maryland ORDERED that the Board‘s recommendation

be ratified subject to the conditions therein stated on the 28th day of

November 2011, unless exceptions to the Board‘s recommendation of

any applicant be filed on or before said date, provided a copy of this

Order be published at least one time in the Maryland Register before

such ratification.

ROBERT M. BELL

Chief Judge

Court of Appeals of Maryland

Filed: October 28, 2011

BESSIE M. DECKER

Clerk

Court of Appeals of Maryland

EXHIBIT A

OUT-OF-STATE ATTORNEYS EXAM

JULY 2011

Amber, Syh Aji-Mvo, 7307 Goddard Drive, Lanham, MD, 20706

Barry, Kathleen Mary, 5313 Woodfield Lake Road, Cary, NC, 27518

Bennett, Jamie Michele, 8 Creek Side Court, Middle River, MD,

21220

Bridges, Gregory, 1616 N. Calvert Street, Baltimore, MD, 21202

Burke, Rachel Denger, 4917 Jamestown Road, Bethesda, MD, 20816

Caleb, Joseph Patrick Louis, 5210 3rd St., NE, Apt. #T-10,

Washington, DC, 20011

Calem, Andrea Rae, 6514 Bradley Blvd., Bethesda, MD, 20817

Cantrell, Constance Helen, 7305 Radnor Road, Bethesda, MD, 20817

Canty, Charles Gregory, 9436 Bluefield Road, Upper Marlboro, MD,

20774

Celestin-Antonin, Lynn Michele, 5366 Smooth Meadow Way, Unit

2, Columbia, MD, 21044

Chuang, Theodore David, 7508 Sebago Road, Bethesda, MD, 20817

Clapman, Alice Joanna, 4411 39th St., NW, Washington, DC, 20016

Cohen, Leslie Ruben, 9632 Trailridge Terrace, Potomac, MD, 20854

Componovo, William Christopher, PO Box 494, Hockessin, DE,

19707

Coppula, Christopher Andrew, 12423 Sky Blue Drive, Germantown,

MD, 20874

Crowell IV, James Andrew, U.S. Atty‘s Office, Suite 400, 6500

Cherrywood Ln, Greenbelt, MD, 20770

Cunningham Jr., Robert Joseph, Rees Broome PC, Ninth Floor,8133

Leesburg Pike, Vienna, VA, 22182

Daly Jr., William Patrick, 301 Blair Court, Vienna, VA, 22180

De Jesus, Gilberto, 110 East Northern Parkway, Baltimore, MD,

21212

Feld, Tamara Shari, 3302 Fallstaff Road, Baltimore, MD, 21215

Ferrette, Chelsea Philippa, 931 Farragut Street, NW, Washington,

DC, 20011

Finto, Kevin John, Hunton & Williams LLP, 951 E. Byrd Street,

Richmond, VA, 23219

Gartland II, Charles Arthur, 1661 La France St. NE, Unit 324,

Atlanta, GA, 30307

Gold, Sara Ellen, 8619 Lancaster Drive, Bethesda, MD, 20814

Grannis, Mark Andrew, 1200 Eighteenth St., NW, Suite 1200,


Hazel, George Jarrod, 14512 Omaha Court, North Potomac, MD,

20878

Heimann, Robin Adele, 1752 Rosaleigh Court, Vienna, VA, 22182

Henderson, Reid Donalan, 1203 Rhode Island Avenue NW,


Hibey, Michael Kelley, 303 Whitestone Road, Silver Spring, MD,

20901

Hill, Eve Lynne, 1819 N. Hollister Street, Arlington, VA, 22205

Hopkins, Jacqueline Denise, 9200 Bustleton Ave., Apt. 2009,

Philadelphia, PA, 19115

Hur, Robert Kyoung, 1219 Clement Place, Silver Spring, MD, 20910

Jackson, Eric Sean, 701 Gleneagles Drive, Fort Washington, MD,

20744

Kelly, Robert Edward, 4541 Saucon Valley Court, Alexandria, VA,

22312

Kieval, Michael Ya‘akov, 4702 Glenbrook Parkway, Bethesda, MD,

20814

Kling, Virginia A.S., 4610 West Virginia Avenue, Bethesda, MD,

20814

Koenig, Elizabeth Joanna, 13701 Colgate Way, Apt. #1137, Silver

Spring, MD, 20904

Lannan III, Robert Woodrow, 8904 Saddle Lane, Potomac, MD,

20854

Larsen, Louis Nikolaus, PO Box 1455, Jensen Beach, FL, 34958

Lebowitz, Donna Sue, 1440 Veteran Ave., #534, Los Angeles, CA,

90024

Mahood, David Raymond, PO Box 315, Savage, MD, 20763

Martin Jr., Jeffery Thomas, 610 Madison Street, #200, Alexandria,

VA, 22314

McNichols, John Marcus, 105 E. Oxford Avenue, Alexandria, VA,

22301

Micheel, Douglas Edward, 8410 Grubb Road, Chevy Chase, MD,

20815

Mihalic, Ryan Michael, 20 Ichabod Road, Simsbury, CT, 06070

Miller, Benjamin Mark, 3460 14th St., NW, Apt. #37, Washington,

DC, 20010

Milligan, Justin Ogden, 3212 Dynasty Drive, District Heights, MD,

20747

Mirkes, Craig Allen, 4508 Mahan Road, Silver Spring, MD, 20906

Morris, Jennifer Rose, 800 4th Street SW N212, Washington, DC,

20024

Munasifi, Dina Samar, 1301 N. Troy St., Apt. 1201, Arlington, VA,

22201

Naylor, Richard Nash Pratt, 3253 Landria Drive, Richmond, VA,

23225

JUDICIARY

1492


Nazareth-Phelps, Natasha Marina, 1020 Urban Avenue, Durham, NC,

27701

Perlow, Jarrett Benjamin, 9707 Cedar Lane, Bethesda, MD, 20000

Perry, Stephanie L. Terry, 2400 24th Road South, #305, Arlington,

VA, 22206

Pitts, James Thurman, 5233 Strathmore Avenue, Kensington, MD,

20895

Powell, Karon Joy, 9315 Frensham Court, Laurel, MD, 20708

Prentiss, Gail Randolph, 8035 Cobble Creek Circle, Potomac, MD,

20854

Renner, Richard Randolph, 921 Loxford Terrace, Silver Spring, MD,

20901

Robins, Ann, 1661 Crescent Place NW, #302, Washington, DC,

20009

Roche, Sean Patrick, 2831 Linden Lane, Falls Church, VA, 22042

Schroth, John Henry, 380 South Military Hwy., Apt. E, Norfolk, VA,

23502

Schultz, Mark Charles, 161 Washington St., Suite 400,

Conshohocken, PA, 19428

Shakow, Thomas Edward, 4618 Yuma Street, NW, Washington, DC,

20016

Smith, David Coventry, 7102 Magdalene Court, Easton, MD, 21601

Spotts, Michael Kevin, 300 Colorado Ave., Suite 203, Stuart, FL,

34994

Swank, Sarah Elizabeth, 1701 16th Street, N.W. #638, Washington,

DC, 20009

Vernet, Ruth Janet, 7107 Old Stage Road, Rockville, MD, 20852

Whyte, Megan Kathleen, 555 Massachusetts Ave., NW, Unit 1107,


Wonderlick, David Brian, 8593 Raglan Road, Vienna, VA, 22182

[11-24-27]

COURT OF SPECIAL

APPEALS

SCHEDULE FOR DECEMBER 1, 2, 5, 6,

7, 8, 9, 12, 13, 14, AND 15, 2011 Thursday, December 1, 2011

Courtroom No. 1

No. 01876/10 Phillip Murray, Esq. et al. vs. Indoor Range

Operating Company, LLC

No. 01003/10 William Larry Corey vs. Bettie Corey

No. 01160/11* In Re: Adoption/Guardianship of Michael S.

No. 01928/10 Myesha Curtis et al. vs. Tarin Gabrielson et al.

No. 01882/10 Martin Chaikin t/a US Aluminum Co., vs. Janet

Athos et al.

*8-207(a)

Courtroom No. 2

No. 00836/10 Lori L. Andochick vs. Keith A. Lee

No. 00980/10 Jeffrey L. Hurd vs. Eric P. Haberkorn et al.

No. 01264/10 Michael A. Randall et ux. vs. Bradly A. Franzen et

ux.

No. 01884/10 Oakmont Green, Inc. vs. Town of Hampstead

No. 02213/10 Travis Everett Jones vs. State of Maryland

Friday, December 2, 2011

Courtroom No. 1

No. 00211/10 Rodger Johnson et ux. vs. Queen Anne‘s County

Commissioners

No. 02689/10 Daniel Marshall vs. State of Maryland

No. 01853/10 Ricky Edwards vs. Stephen Fisher, et al.

No. 01982/10 Dana Williams vs. State of Maryland***

No. 02503/10 Dana Williams vs. State of Maryland***

No. 01374/10 Tyres Kennard Taylor vs. State of Maryland

No. 01823/10 Mark Elliott Korn vs. Kelly Jo Savage

***Consolidated Cases

Courtroom No. 2

No. 00751/10 Georgia-Pacific, LLC. f/k/a Georgia-Pacific

Corporation vs. Jocelyn Anne Farrar

No. 01791/10 Bryson Murray, a minor et al. vs. Transcare

Maryland Inc. et al.

No. 01813/10 Mary Myers vs. Donald Tomanek et al.

No. 02736/10 The Pham Minh Nguyen vs. State of Maryland

No. 01915/10 Council of Unit Owners of the Fairway Courtyards

II at Waverly Woods, Condominium, Inc. vs.

Courtyards II, LLC et al.

No. 01822/10 Ronald Haibach vs. Nikki Allison O‘Connell

Monday, December 5, 2011

Courtroom No. 1

No. 01115/10 James J. Flamish vs. Carol D. Flamish

No. 01712/10 West Haven Homeowners Association, Inc. vs.

Jeffrey Smith

No. 01824/09 Benjamin Morgan Hawkes vs. State of Maryland

No. 00538/11 James Catler et al. vs. Arent Fox, LLP et al.

No. 01974/10 Louis Brock a/k/a Lewis Brock vs. State of

Maryland

No. 02546/10 Katherine T. Tiong vs. State of Maryland

Courtroom No. 2

No. 01831/10 Cherie Ross vs. Housing Authority of Baltimore

City

No. 01878/10 Anne Arundel County, Maryland vs. Teamsters

Local Union No. 355 et al.

No. 01280/10 Bennett Homes, LLC vs. John O. Thompson et al.

No. 01868/10 Steven F. Ottenstein, Trustee et al. vs. Promenade

Towers Mutual Housing Corporation et al.

No. 01613/10 Samuel R. VanSickle vs. K Bank f/k/a Key Bank

and Trust

No. 02716/10 Troy Traylor vs. State of Maryland

Tuesday, December 6, 2011

Courtroom No. 1

No. 02017/10 Gilgem, LLC et al. vs. Stonebridge Bank

No. 01935/10 Calin Constantinescu vs. Annie Constantinescu

No. 01941/10 James Beggs et al. vs. CVS Pharmacy, Inc. et al.

No. 01929/10 Charissa Stumpf vs. Provident Bank

No. 00883/11* In Re: Adoption/Guardianship of Na‘Imah S.

*8-207(a)

Courtroom No. 2

No. 01931/10 Wayne H. Goss et al. vs. Estate of Bertha Jennings

et al.

No. 01814/10 Demetrius Nickens vs. Mount Vernon Realty et al.

No. 02235/10 Marc Lee Weinstein vs. State of Maryland

No. 00734/10 Adam S. Drescher vs. Darian L. Drescher

No. 01730/10 Kyvelle Jamaas Martin vs. State of Maryland

No. 00682/11 Reginald McCraken vs. State of Maryland

JUDICIARY

1493


Wednesday, December 7, 2011

Courtroom No. 1

No. 01940/10 Tracy Clayton King vs. Gary Bosley et al.

No. 01860/10 Long Green Valley Association et al. vs. Bellevale

Farms, Inc. et al.

No. 01944/10 Theodore Harris vs. University Baptist Church

No. 01907/10 Irving Groat vs. Kristin E. Sundberg et al.

No. 01423/10 Erie Insurance Exchange vs. H. T. Harrison &

Sons, Inc. et al.

Courtroom No. 2

No. 01983/10 Marisa Milton et al. vs. Alpha Kappa Alpha

Sorority, Inc. et al.

No. 01629/10 Jackie N. Perry, Jr. vs. State of Maryland

No. 01242/11** State of Maryland vs. Konnyack A. Thomas

No. 02459/10 Melvin Alford vs. State of Maryland

No. 00401/10 Demetrius Smith vs. State of Maryland

**120 DAY RULE

Thursday, December 8, 2011

Courtroom No. 1

No. 01741/10 Nail Trix, Inc. et al. vs. Mills-Kan Am Sawgrass

Phase 3 Limited Partnership

No. 01291/11* In Re: Jayden G.

No. 01571/10 Tawanda Adeleye vs. Norbert Myslinski

No. 01841/10 Guillermo Aguilera-Tovar vs. State of Maryland

No. 01932/10 Anacostia Riverkeeper et al. vs. Maryland

Department of the Environment et al.

No. 01642/10 Hailei Dai vs. Bing Gui

*8-207(a)

Courtroom No. 2

No. 00996/11* In Re: Adoption/Guardianship of Isis Y., Malik Y.

and Asia Y.

No. 01820/10 Quewetta Fernando et al. vs. Joel Marrero et al.

No. 01972/10 Board of Appeals, Department of Labor, Licensing

and Regulations et al. vs. Kenneth B. Judkin

No. 01452/10 Ginza Japanese Steakhouse No. 5, Inc. et al. vs.

McGill Development Limited Partnership No. 3

No. 01786/10 NAFA USA, INC. vs. Diane P. Tracey et al.

No. 01976/10 Maurice Hill vs. State of Maryland

*8-207(a)

Friday, December 9, 2011

Courtroom No. 1

No. 01975/10 Rahim I. Williams vs. Mayor & City Council of

Baltimore

No. 02241/10* Joanna Davis vs. Michael A. Petito

No. 02497/10 Dontae Yates vs. State of Maryland

No. 02432/10 Dominick Shavaz Williams vs. State of Maryland

No. 02436/10 James Aaron Kimble vs. State of Maryland

No. 00837/10 CSX Transportation Inc. vs. Edward L. Pitts, Sr.

*8-207(a)

Courtroom No. 2

No. 01735/10 Colonial Distributors, Inc. et al. vs. Dura Supreme,

Inc.

No. 01988/10 Noreen Bryan et al. vs. Victory Housing, Inc. et al.

No. 01990/10 Deborah A. Vollmer vs. Montgomery County,

Maryland et al.

No. 02016/10 Eric Case vs. Laura Glynn

No. 00539/10 Jean R. Antoine vs. Jacob Geesing et al.

Monday, December 12, 2011

Courtroom No. 1

No. 00225/10 Silo Point II LLC et al. vs. Benfield Electric

Company, Inc.

No. 02098/08 Bryan Lamont Poole vs. State of Maryland

No. 01512/10 Clifton Leroy Phair, Jr. vs. Department of Human

Resources, Baltimore City Office of Child

Support Enforcement ex rel. Michelle Garnett

No. 01315/10 Ming Xi Zhang vs. State of Maryland

No. 00894/10 Suzanne Shayt et al. vs. City of Gaithersburg et al.

No. 01539/10 Dante Wilson vs. Maryland Department of Human

Resources

Courtroom No. 2

No. 01683/10 Maryland Insurance Administration ex rel vs.

Tiffany Burton et al.

No. 01756/10 Bruce Ziemann vs. Safeway Stores, Inc.

No. 01614/10 Pamela Potaczek et al. vs. Board of County

Commissioners for Charles County

No. 02924/08 Erin Lamont Washington vs. State of Maryland

No. 01678/10 John Trangsrud vs. Prince George‘s County

Department of vs.

No. 02733/10 Karl Marshall Walker, Jr. vs. State of Maryland

Tuesday, December 13, 2011

All cases submitted on brief

Courtroom No. 1

No. 01059/10 Mark Phillip French vs. State of Maryland et al.

No. 01661/10 Richard Katz vs. Elizabeth Katz

No. 02193/10 Alan Jay Hetrick vs. State of Maryland

No. 02226/10 John Americo Giorgilli vs. State of Maryland

No. 02228/10 Quintin Ranard Yellowdy vs. State of Maryland

No. 02231/10 Moadian Bratton-Bey vs. State of Maryland

No. 02238/10 Rahymeen J. Barber vs. State of Maryland

No. 02246/10 Ernest Johnson vs. State of Maryland

No. 02293/10 Steven Doby, Sr. vs. State of Maryland

No. 02438/10 Lamont George Smith vs. State of Maryland

Courtroom No. 2

No. 01766/10 Shannon Causion vs. State of Maryland

No. 01584/10 John B. Atcheson vs. Linda E. Atcheson

No. 01220/10 John Trzoniec vs. University of Maryland

University College et al.

No. 01818/09 Vincent Jiles Bowen vs. State of Maryland

No. 01621/10 Charles Freeman vs. State of Maryland

No. 00681/10 David Ward Turner vs. State of Maryland

No. 01095/10 Roger Lamont Prophet vs. State of Maryland

No. 01360/10 Garrett Maurice Moreland vs. State of Maryland

No. 01363/10 Ernest Rivers vs. State of Maryland

Wednesday, December 14, 2011


Courtroom No. 1

No. 02079/09 Richard J. Bedingfield vs. Personnel Board of

Anne Arundel County

No. 02847/10* Kim Muhammad vs. Scott Muhammad

No. 02454/10 Anthony Shirriel vs. State of Maryland

No. 02479/10 Wesley Torrance Kelly vs. State of Maryland

No. 02481/10 Andre Miller vs. State of Maryland

No. 02482/10 Zjuonta Hammett vs. State of Maryland

No. 02544/10 David Boccabella vs. State of Maryland

JUDICIARY

1494


No. 02679/10 Wesley Torrence Kelly vs. State of Maryland

No. 02680/10 Earl D. Johnson, Jr. vs. State of Maryland

*8-207(a)

Courtroom No. 2

No. 02817/10* Nathaniel Costley, Sr. vs. Christina Steiner

No. 00747/10 Martial Gaston vs. Correctional Officer Jenkins et

al.

No. 00660/10 Shanicole Saphire Burks vs. State of Maryland

No. 01480/10 Carlton Carvel Dixon vs. State of Maryland

No. 01484/10 Dashaun Marquis Elliott vs. State of Maryland

No. 02688/10 Keenan Bunch vs. State of Maryland

No. 01541/10 Wydell Eugene Butler vs. State of Maryland

No. 01705/10 Mark Charles Morris vs. State of Maryland

No. 01706/10 Nicholas Jermaine Harris vs. State of Maryland

*8-207(a)

Thursday, December 15, 2011


Courtroom No. 1

No. 02731/10 Richard Carroll Teague, Jr. vs. State of Maryland

No. 02408/10 Tibebe Samuel vs. Bezuayehu Yenefanta

No. 02738/10 Ranard Nichols vs. State of Maryland

No. 02785/10 Paulicia King vs. State of Maryland

No. 02791/10 Warren James Pitts, Jr. vs. State of Maryland

No. 02796/10 William B. Bolton vs. State of Maryland

No. 02946/10 Amit A. Kanasagra vs. State of Maryland

No. 03003/10 Danny Franklin Jones vs. State of Maryland

No. 03042/10 Pernell Matthew McMillan vs. State of Maryland

Courtroom No. 2

No. 02590/10 Anthony McMillian vs. Bobby Shearin, Warden

No. 02586/10 David E. Fuster vs. Shady Grove Adventist

Hospital et al.

No. 00690/10 Rommel Saxena vs. Wal-Mart Stores, Inc. et al.

No. 01725/10 Parrish Marcellus Valentine vs. State of Maryland

No. 02064/10 Fletcher Anderson Worrell vs. State of Maryland

No. 02088/10 James Tanner vs. State of Maryland

No. 01892/10 In Re: Kavonte D.

No. 02104/10 Edward W. Smith, Jr. vs. State of Maryland

No. 02078/10 Mary Arung vs. State of Maryland

On the day of argument, counsel are instructed to register in the

Office of the Clerk no later than 9 a.m. The Court is located at 361

Rowe Boulevard, in the Robert C. Murphy Courts of Appeals

Building. After December, 2011, the Court will recess until January,

2012.

LESLIE D. GRADET

Clerk

ADMINISTRATIVE ORDER

Pursuant to Maryland Rule 8-522(a), I hereby direct that oral

argument in the month of December be limited to 20 minutes per

side, subject to the discretion of the hearing panel to allow additional

argument, not exceeding a total of 30 minutes per side.

This directive applies only to cases scheduled in December, 2011.

Chief Judge‘s signature appears on

original Administrative Order

Dated: October 24, 2011

[11-24-23]

1495


Emergency Action on Regulations Symbol Key

• Roman type indicates text existing before emergency status was granted.

• Italic type indicates new text.

• [Single brackets] indicate deleted text.

Emergency Regulations

Under State Government Article, §10-111(b), Annotated Code of Maryland, an agency may petition the Joint Committee on Administrative,

Executive, and Legislative Review (AELR), asking that the usual procedures for adopting regulations be set aside because emergency conditions

exist. If the Committee approves the request, the regulations are given emergency status. Emergency status means that the regulations become

effective immediately, or at a later time specified by the Committee. After the Committee has granted emergency status, the regulations are

published in the next available issue of the Maryland Register. The approval of emergency status may be subject to one or more conditions,

including a time limit. During the time the emergency status is in effect, the agency may adopt the regulations through the usual promulgation

process. If the agency chooses not to adopt the regulations, the emergency status expires when the time limit on the emergency regulations ends.

When emergency status expires, the text of the regulations reverts to its original language.

Title 10

DEPARTMENT OF HEALTH

AND MENTAL HYGIENE

Subtitle 19 DANGEROUS DEVICES

AND SUBSTANCES

10.19.03 Controlled Dangerous Substances

Authority: Criminal Law Article, §5-202(b) and 5-203, Annotated Code of

Maryland

Notice of Emergency Action

[11-232-E]

The Joint Committee on Administrative, Executive, and

Legislative Review has granted emergency status to new Regulation

.13 under COMAR 10.19.03 Controlled Dangerous Substances.

Emergency status began: October 18, 2011.

Emergency status expires: April 16, 2012.

Editor‘s Note: The text of this document will not be printed here

because it appeared as a Notice of Proposed Action in 38:23 Md. R.

1163—1134 (September 9, 2011), referenced as [11-232-P].

JOSHUA M. SHARFSTEIN, M.D.

Secretary of Health and Mental Hygiene

Subtitle 25 MARYLAND HEALTH

CARE COMMISSION

10.25.16 Electronic Health Record Incentives

Authority: Health–General Article, §§19-103(c)(2)(i) and (ii), 19-109(a)(1),

19–143(d)(1), (2), (3), and (4)[,] and (i), Annotated Code of Maryland


[11-292-E]


Legislative Review has granted emergency status to amendments to

Regulations .01— .07 under COMAR 10.25.16 Electronic Health

Record Incentives.


Emergency status expires: March 12, 2012.



1357—1360 (October 21, 2011), referenced as [11-292-P].

MARILYN MOON, Ph.D.

Chair

Maryland Health Care Commission

Subtitle 34 BOARD OF PHARMACY

10.34.32 Pharmacist Administration of

Vaccinations

Authority: Health Occupations Article, §§12-101, 12-102(b), 12-508, and 12-

6A-10, Annotated Code of Maryland


[11-313-E]



Regulation .03 under COMAR 10.34.32 Pharmacist

Administration of Vaccinations.





1435—1436 (November 4, 2011), referenced as [11-313-P].



EMERGENCY ACTION ON REGULATIONS

1496


Title 12

DEPARTMENT OF PUBLIC

SAFETY AND


Subtitle 12 PATUXENT INSTITUTION

12.12.30 Inmate Discipline

Authority: Correctional Services Article, §4-208, Annotated Code of

Maryland


[11-329-E]


Legislative Review has granted emergency status to the repeal of

existing Regulations .02—.09, .12, .13, .16, .18, .19, .26, .31, .35, and

.36, the adoption of new Regulations .02—.09, .12, .13, .16, .18, .19,

.26, .31, .35, and .36, and amendments to Regulations .15, .17, .20—

.25, .27, .30, .32, .33, .34, .37, and .39 under COMAR 12.12.30

Inmate Discipline.




because it appears as a Notice of Proposed Action on pages 1518 —

1540 of this issue, referenced as [11-329-P].

GARY D. MAYNARD

Secretary of Public Safety and Correctional Services

Title 14

INDEPENDENT AGENCIES

Subtitle 26 MARYLAND ENERGY

ADMINISTRATION

14.26.02 Green Building Tax Credit Program

Authority: Tax-General Article, §10-722, Annotated Code of Maryland


[11-331-E]



Regulations .02 and .04, the repeal of existing Regulation .05,

amendments to and the recodification of existing Regulations .06 —

.08 and .10 to be Regulations .05 — .07 and .09, respectively, and the

recodification of existing Regulation .09 to be .08 under COMAR

14.26.02 Green Building Tax Credit Program.


Emergency status expires: December 31, 2011.

Comparison to Federal Standards

There is no corresponding federal standard to this emergency

action.

Economic Impact on Small Businesses

The emergency action has minimal or no economic impact on

small businesses.

.02 Incorporation by Reference.

A. (text unchanged)

B. Documents Incorporated.

(1) (text unchanged)

(2) [LEED Rating System Version 2.0 Including the Project

Checklist (Leadership in Energy & Environmental Design, June

2001)] LEED Rating System LEED 2009 (Leadership in Energy &

Environmental Design, 2009) including the Project List (Project list

is applicable for LEED 2009).

(3) [LEED for Existing Buildings/The LEED Green Building

Rating System for Improving Building Performance through

Upgrades and Operations Version 2.0 Un-balloted Draft for Pilot

Program (Leadership in Energy and Environmental Design, January

2002] LEED for Existing Buildings/The LEED Green Building Rating

System (tm) for Improving Building Performance Through Upgrades

and Operations LEED 2009.

(4) [LEED-NC ―Green Building Rating System for New

Construction and Major Renovations‖ Version 2.1 (November 2002]

LEED-NC ―Green Building Rating System for New Construction and

Major Renovations‖ LEED 2009.

(5) [LEED-EB ―Green Building Rating System for Existing

Buildings—Upgrades, Operations, and Maintenance‖ Version 2

(October 2004)] LEED-EB ―Green Building Rating System for

Existing Buildings — Upgrades, Operations, and Maintenance‖

LEED 2009.

(6) [LEED-CI ―Green Building Rating System for Commercial

Interiors‖ Version 2 (November 2004)] LEED-CI ―Green Building

Rating System for Commercial Interiors‖ LEED 2009.

(7) [LEED-CS ―Green Building Rating System for Core and

Shell Development‖ Un-balloted Draft for Pilot Version (September

2003)] LEED-CS ―Green Building Rating System for Core and Shell

Development‖ LEED 2009.

[(8) LEED-NC ―Green Building Rating System for New

Construction & Major Renovations‖ Version 2.2 (October 2005).

(9) LEED-EB ―Green Building Rating System for Existing

Buildings—Upgrades, Operations, and Maintenance‖ Version 2

(Updated July 2005).

(10) LEED-CI ―Green Building Rating System for Commercial

Interiors‖ Version 2.0 (Updated December 2005).

(11) LEED ―Green Building Rating System for Core & Shell

Development‖ Version 2.0 (July 2006).]

.04 Green Whole Buildings New Construction: Standards and

Methods for Determining Compliance.

A. A green whole building, newly constructed, is a building that:

(1) Uses not more than 65 percent of the energy attributable to

a reference building which meets the requirements of applicable

energy efficiency standards under ASHRAE 90.1-1999; and

[(2) At a minimum, is certified as meeting the requirements to

qualify for a rating of ―Silver‖ in either the LEED Rating System

Version 2.0 or the LEED-NC Version 2.1;

(3) Is certified as meeting the requirements to qualify for the

following credits in either the LEED Rating System Version 2.0 or

the LEED Rating System Version 2.1:

(a) Sustainable Sites, Credit 8, Light Pollution Reduction;

(b) Water Efficiency, Credit 3.1, Water Use Reduction; and

(c) Materials and Resources, Credit 2.1, Construction Waste

Management;

(4) At a minimum, is certified as meeting the requirements to

qualify for a rating of ―Silver‖ in either the LEED Rating System

Version 2.0 or the LEED-NC Version 2.2; and

(5) Is certified as meeting the requirements to qualify for the

following credits in either the LEED Rating System Version 2.0 or

the LEED Rating Version 2.2:

(a) Sustainable Sites, Credit 8, Light Pollution Reduction;


1497


(b) Water Efficiency, Credit 3.1, Water Use Reduction: 20

percent reduction; and

(c) Materials and Resources, Credit 2.1, Construction Waste

Management: Divert 50 percent from disposal.]


qualify for a rating of ―Gold‖ in the LEED Rating System LEED

2009 for New Construction and Major Renovations in the following

categories, if the whole building includes green tenant space:

(a) Sustainable Sites, Credit 8—Light Pollution Reduction;

(b) Water Efficiency, Credit 3—Water Use Reduction;

(c) Materials and Resources, Credit 2—Construction Waste

Management; and

(d) Energy and Atmosphere: Credits 1 through 6, with at

least 15 points.

B. A green whole building, rehabilitated, is a building that:

(1) Uses no more than 75 percent of the energy attributable to

a reference building which meets the requirements of applicable

energy efficiency standards under ASHRAE 90.1-1999 and, at a

minimum, is certified as meeting the requirements to qualify for a

rating of ―Gold‖ in the LEED Rating System LEED 2009 for New

Construction and Major Renovations in the following categories, if

the rehabilitated space includes green rented space:




Management; and


least 15 points;


qualify for a rating of ―Gold‖ in the LEED Rating System LEED

2009 for Core and Shell Development in the following categories, if

the rehabilitated space does not include green tenant space:

(a) Sustainable Sites, Credit 8—Light Pollution Reductions;



Management; and

(d) Energy and Atmosphere Credits 1 through 6, with at

least 15 points; or


qualify for a rating of ―Gold‖ in the LEED 2009 for Existing

Buildings: Operations and Maintenance in the following categories,

if the rehabilitated space is upgraded to maintain occupancy:


(b) Water Efficiency, Credit 3—Water Efficient Landscaping

(c) Materials and Resources, Credit 3—Sustainable

Purchasing – Facility Alternations and Additions; and


least 15 points.

[B.] C. (text unchanged)

[.06] .05 Green Base Buildings: Standards and Methods for

Determining Compliance.

[A.]—[B.] (proposed for repeal)

A. A green base building, newly constructed, is a building that:


a reference building that meets the requirements of applicable energy

efficiency standards under ASHRAE 90.1-1999; and


qualify for a rating of ―Gold‖ in the LEED Rating System 2009 for

Core and Shell Development in the following categories, if the

occupancy does not include green tenant space:




Management; and


least 15 points.

B. A green base building, rehabilitated, is a building that:


a reference building that meets the requirements of applicable energy

efficiency standards under ASHRAE 90.1-1999; and


qualify for a rating of ―Gold‖ in the LEED Rating System 2009 for

Core and Shell Development in the following categories, if the

occupancy does not include green tenant space:




Management; and


least 15 points.

[.07] .06 Green Tenant Space: Standards and Methods for

Determining Compliance.

[A green tenant space is a building interior that:]

[A.]—[B.] (proposed for repeal) A. A green tenant space, newly constructed, is a building space

that uses not more than 65 percent of the energy attributable to a

reference building that meets the requirements of applicable energy

efficiency standards under ASHRAE 90.1-1999 and, at a minimum, is

certified as meeting the requirements to qualify for a rating of

―Gold‖ in the LEED Rating System for LEED 2009 for Commercial

Interiors in the following categories:

(1) Water Efficiency, Credit 1—Water Use Reduction;

(2) Materials and Resources, Credit 2—Construction Waste

Management; and

(3) Energy and Atmosphere: Credits 1 through 6, with at least

15 points.

B. A green tenant space, rehabilitated, is a building space that

uses not more than 75 percent of the energy attributable to a

reference building that meets the requirements of applicable energy

efficiency standards under ASHRAE 90.1-1999 and, at a minimum, is

certified as meeting the requirements to qualify for a rating of

―Gold‖ in the LEED 2009 Commercial Interiors in the following

categories:

(1) Water Efficiency, Credit 1—Water Use Reduction;

(2) Materials and Resources, Credit 2—Construction Waste

Management; and

(3) Energy and Atmosphere: Credits 1 through 6, with at least

15 points.

[.08] .07 Initial Credit Certificate.

[A.]—[E.] (proposed for repeal)

A. On application by a taxpayer, the Administration shall issue an

initial credit certificate if the taxpayer has made a showing that the

taxpayer is likely, within 3 years of submitting the initial tax credit

application, to place in service property for which a credit under this

chapter is allowed.

B. The Administration may require the taxpayer to provide

additional information as necessary.

C. In determining the amount of credits, a cost paid or incurred

may not be the basis for more than one credit.

D. The initial credit certificate shall state:

(1) The maximum amount of credit allowable in the aggregate

for all credits allowed under this section;

(2) The earliest taxable year for which the credit may be

claimed; and

(3) An expiration date.

E. Expiration and Extension of the Initial Credit Certificate.

(1) The initial credit certificate shall expire no more than 9

months after the date the property is expected to be placed in service


1498


as stated on the initial credit certificate unless extended by the

Administration.

(2) The holder of an initial credit certificate may request an

extension of the expiration date if the holder:

(a) Applies for the extension in writing to the

Administration; and

(b) Demonstrates that the extension is necessary to avoid

undue hardship.

F. Abandonment and Reissuance of an Initial Credit Certificate.

(1) The Administration may declare an initial credit certificate

to be abandoned if:

(a) The holder voluntarily returns the initial credit

certificate and notifies the Administration that the holder does not

intend to construct the property as originally proposed to meet the

standards for which the certificate was issued; or

(b) The property is not constructed and in service before the

expiration of the initial credit certificate and the holder has not

demonstrated good cause to issue an extension to avoid undue

hardship.

(2) Prior to declaring an initial credit certificate abandoned,

the Administration will notify the holder in writing, by certified mail,

that the Administration intends to declare the certificate abandoned

unless the holder demonstrates in writing to the Administration

within 2 weeks of the date of the letter that:

(a) An extension of the certificate is warranted to avoid

undue hardship; and

(b) The property can be placed in service within a

reasonable time frame.

(3) If the Administration declares an initial credit certificate

abandoned, the Administration may reissue the initial credit

certificate to a new holder that meets the qualifications for issuing an

initial credit certificate.

(4) The Administration may issue notification that the initial

credit certificate is available on a first-come, first-served basis.

G. Prior to claiming a tax credit for green buildings and green

building components, the taxpayer shall:

(1) Provide in writing to the Administration the as-built details

of the property related to Tax-General Article, §10-722(c) — (h),

Annotated Code of Maryland. If such as-built details are identical to

what was provided in the initial credit certificate application

materials as the basis for the amount of tax credit allowed, the

taxpayer shall so indicate in writing to the Administration, rather

than providing the as-built details.

(2) If the as-built property differs from how the property was

represented in the initial tax credit application such that the as-built

property is not eligible for the full amount of tax credit stated in the

initial credit certificate, MEA shall correct the initial credit

certificate to reflect the amount of tax credit allowable based on the

as-built project.

[.10] .09 Filing.

[The taxpayer shall file the eligibility certificate and the initial

credit certificate with the taxpayer‘s income tax return]

The taxpayer shall file the initial credit certificate and eligibility

certificate with the taxpayer’s income tax return and provide a

duplicate copy to the Maryland Energy Administration.

MALCOLM D. WOOLF

Director

Maryland Energy Administration

1499


Final Action on Regulations

Symbol Key

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

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

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

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

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

Title 03

COMPTROLLER OF THE

TREASURY

Subtitle 02 ALCOHOL AND TOBACCO

TAX

03.02.02 Tobacco Tax

Authority: Tax-General Article, §§2-103 and 12-306, Annotated Code of Maryland

Notice of Final Action

[11-134-F]

On October 27, 2011, the Comptroller of the Treasury adopted the

repeal of Regulation .08 under COMAR 03.02.02 Tobacco Tax.

This action, which was proposed for adoption in 38:19 Md. R. 1150

(September 9, 2011), has been adopted as proposed.

Effective Date: November 28, 2011.

PETER FRANCHOT

Comptroller of the Treasury

Title 05

DEPARTMENT OF HOUSING

AND COMMUNITY

DEVELOPMENT

Subtitle 02 BUILDING AND

MATERIAL CODES

05.02.01 Model Performance Code

Authority: Public Safety Article, §§12-201—12-204, Annotated Code of

Maryland


[11-268-F-I]

On November 8, 2011, the Secretary of Housing and Community

Development adopted amendments to Regulations .01 — .04 under

COMAR 05.02.01 Model Performance Code. This action, which

was proposed for adoption in 38:20 Md. R. 1206—1207 (September

23, 2011), has been adopted with the nonsubstantive changes shown

below.

Effective Date: January 1, 2012.

Attorney General’s Certification

In accordance with State Government Article, §10-113, Annotated

Code of Maryland, the Attorney General certifies that the following

changes do not differ substantively from the proposed text. The

nature of the changes and the basis for this conclusion are as follows:

Regulation 05.02.01.03A(1)(e): It is unnecessary to delete Chapter

11 of the International Residential Code because the requirements of

Chapter 11 are the same as the requirements in the International

Energy Conservation Code, which is also incorporated by reference.

Retaining Chapter 11 does not change any code requirement.

.03 Model Performance Code.

A. The standards incorporated by reference in Regulation .02-1 of

this chapter, and modified as follows, constitute the Model

Performance Code for building construction in the State:

(1) For industrialized building construction:

(a) — (d) (proposed text unchanged)

(e) International Residential Code for One- and Two-Family

Dwellings with the following [[modifications]] modification:

[[(i)]] Chapter 1. Delete the Section 102.5 Appendices

and replace with the following:

102.5 Appendices: All the provisions in the Appendices

are adopted as part of the IRC except those in Appendices E, J, and

L;

[[(ii) Chapter 11 of the IRC is deleted and replaced with

the 2012 International Energy Conservation Code; and]]

(f) 2012 International Energy Conservation Code; and

(g) The Department encourages home builders to construct

new high-performance homes.

(2) (proposed text unchanged)

B. (proposed text unchanged)

RAYMOND A SKINNER

Secretary of Housing and Community Development


MATERIAL CODES

05.02.02 Maryland Accessibility Code

Authority: Housing and Community Development Article, §§2-111 and 3-103; Public Safety Article, §12-202; Annotated Code of Maryland


[11-280-F]


Development adopted amendments to Regulations .05, .07, and .08

under COMAR 05.02.02 Maryland Accessibility Code. This action,

which was proposed for adoption in 38:20 Md. R. 1207—1208

(September 23, 2011), has been adopted as proposed.


RAYMOND A. SKINNER


FINAL ACTION ON REGULATIONS

1500



MATERIAL CODES

05.02.07 Maryland Building Performance

Standards

Authority: Public Safety Article §§12-501—12-508, Annotated Code of

Maryland


[11-267-F-I]


Development adopted amendments to Regulations .03 and .04 under

COMAR 05.02.07 Maryland Building Performance Standards.

This action, which was proposed for adoption in 38:20 Md. R.

1208—1210 (September 23, 2011), has been adopted with the

nonsubstantive changes shown below.







Regulation 05.02.07.04C(2): It is unnecessary to delete Chapter 11

of the International Residential Code because the requirements of

Chapter 11 are the same as the requirements in the International

Energy Conservation Code, which is also incorporated by reference.

Retaining Chapter 11 does not change any code requirement.

.04 Incorporation by Reference.

A. — B. (proposed text unchanged)

C. Modifications to the 2012 International Residential Code for

One- and Two-Family Dwellings:

(1) Chapter 1. Delete the Section 102.5 Appendices and replace

with the following:

102.5 Appendices: All the provisions in the Appendices are

adopted as part of the IRC except those in Appendices E, J, and L.

[[(2) Chapter 11 of the IRC is deleted and replaced with

the2012 International Energy Conservation Code.]]

[[(3)]] (2) — [[(5)]] (4)

D. — E. (proposed text unchanged)

RAYMOND A. SKINNER


Title 08

DEPARTMENT OF NATURAL

RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.15 Striped Bass

Authority: Natural Resources Article, §§4-206 and 4-215, Annotated Code of

Maryland


[11-278-F]

On November 8, 2011, the Secretary of Natural Resources adopted

amendments to Regulations .06, .07, and .12 under COMAR

08.02.15 Striped Bass. This action, which was proposed for adoption

in 38:20 Md. R. 1210—2013 (September 23, 2011), has been adopted

as proposed.


JOHN R. GRIFFIN

Secretary of Natural Resources

Subtitle 04 BOATING

08.04.10 Certificate of Title

Authority: Natural Resources Article, [[§§8-704(b), 8-712,]] §§8-704(c), 8-

716, and 8-722, Annotated Code of Maryland


[11-253-F]

On October 25, 2011, the Secretary of Natural Resources adopted

new Regulation .01, amendments to and the recodification of existing

Regulation .01 to be Regulation .02, the repeal of existing Regulation

.02, and new Regulations .03—.05 under COMAR 08.04.10

Certificate of Title. This action, which was proposed for adoption in

38:19 Md. R. 1154—1155 (September 9, 2011), has been adopted

with the nonsubstantive changes shown below.







Regulations .01, .02, and .05: Corrected authority citation and

incorporated minor wording changes from public comment.

.01 Titling Documents.

A. — D. (proposed text unchanged)

E. The following documents are required to title a used vessel:

(1) — (2) (proposed text unchanged)

(3) When the vessel was previously [[federally-documented]]

federally documented:

(a) Copy of the last effective federal certificate of

documentation;

(b) — (d) (proposed text unchanged)

.02 Taxable Value of Vessels.

A. — D. (proposed text unchanged)

E. A vessel duly registered in another jurisdiction may use

Maryland waters for a cumulative total of 90 days in a calendar year

without incurring a vessel excise tax liability. A vessel may remain

longer than 90 days without incurring a vessel excise tax liability as

long as a greater portion of the year is spent in another single

jurisdiction.

.05 Abandoned [[Boat]] Vessel Title.

A. An application for abandoned [[boat]] vessel title under

Natural Resources Article, §8-721 et seq., Annotated Code of

Maryland, shall include:

(1) — (4) (proposed text unchanged)

B — E. (proposed text unchanged)

JOHN R. GRIFFIN



1501


Subtitle 04 BOATING

08.04.14 Documented Vessels

Authority: Natural Resources Article, [[§§8-704(b-1)]] §§8-704(c) and 8-

712.1, Annotated Code of Maryland


[11-255-F]

On October 25, 2011, the Secretary of Natural Resources adopted

amendments to Regulations .01 and .02 under COMAR 08.04.14

Documented Vessels. This action, which was proposed for adoption

in 38:19 Md. R. 1156—1157 (September 9, 2011), has been adopted

with the nonsubstantive changes shown below.







Corrected authority citation and minor rewording of Regulation

.01C and D.

.01 Validation Stickers.

A. — B. (proposed text unchanged)

C. [[Stickers]] Validation stickers expire December 31 of the year

following issuance.

D. The color of the stickers shall represent the year the decals

[[expire.

E. Decals shall be colored red,]] expire, with red for stickers that

expire in 2012, followed by blue, international orange, and green, in

rotation.

[[F.]] E. If the validation stickers are defaced, lost, or destroyed, a

sworn affidavit to that effect shall be filed within 15 days with the

Department by the vessel owner and application made for

replacements. A service fee of $1 will be charged for the

replacements.

JOHN R. GRIFFIN


Subtitle 18 BOATING — SPEED

LIMITS AND OPERATION OF

VESSELS

08.18.03 Noise Level Limits of Vessels

Authority: Natural Resources Article, §8-725.4, Annotated Code of Maryland


[11-277-F]

On November 8, 2011, the Secretary of Natural Resources adopted

amendments to Regulations .03 and .08 under COMAR 08.18.03

Noise Level Limits of Vessels. This action, which was proposed for

adoption in 38:20 Md. R. 1213 (September 23, 2011), has been

adopted as proposed.


JOHN R. GRIFFIN


Title 09

DEPARTMENT OF LABOR,

LICENSING, AND

REGULATION

Subtitle 37 WORKFORCE

DEVELOPMENT AND ADULT

LEARNING

09.37.01 Alternative Ways to Earn a High School

Diploma

Authority: Labor and Employment Article, §§11-807 and 11-808, Annotated

Code of Maryland


[11-180-F]

On September 30, 2011, the Secretary of Labor, Licensing, and

Regulation, in consultation with the State Board of Education,

adopted amendments to Regulations .04, .06, .08, .11, .17, and .18

under COMAR 09.37.01 Alternate Ways to Earn A High School

Diploma. This action, which was proposed for adoption in 38:16 Md.

R. 954—955 (July 29, 2011), has been adopted as proposed.


ALEXANDER M. SANCHEZ

Secretary of Labor, Licensing, and Regulation

Title 10


AND MENTAL HYGIENE

Subtitle 01 PROCEDURES

10.01.20 Nursing Facility Quality Assessment

Authority: Health-General Article, §19-310.1, Annotated Code of Maryland


[11-262-F]

On October 31, 2011, the Secretary of Health and Mental Hygiene

adopted amendments to Regulation .03 under COMAR 10.01.20

Nursing Facility Quality Assessment. This action, which was

proposed for adoption in 38:19 Md. R. 1158—1159 (September 9,

2011), has been adopted as proposed.


JOSHUA M. SHARFSTEIN



1502


Subtitle 09 MEDICAL CARE

PROGRAMS

10.09.03 Pharmacy Services

Authority: Health-General Article, §§2-104(b), 15-103, 15-103.1, 15-105, and

15-118, Annotated Code of Maryland


[11-190-F]


adopted amendments to Regulations .01, .03—.05, .05-1, .06, and

.07, under COMAR 10.09.03 Pharmacy Services. This action,

which was proposed for adoption in 38:16 Md. R. 955—961 (July 29,

2011), has been adopted with the nonsubstantive changes shown

below.







Regulation .05-1B: The amendment corrects a drafting error and

eliminates a conflict with controlling federal law.

.05-1 Expanded Limitations.

A. (proposed text unchanged)

B. A manufacturer or its designee may not dispute or request

repayment of any rebate paid under §A(1) of this regulation or under

42 U.S.C. §1396r-8(c) more than [[1 year]] 3 years after the date the

rebate was paid.




PROGRAMS

10.09.06 Hospital Services

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

Annotated Code of Maryland


[11-248-F]



Hospital Services. This action, which was proposed for adoption in

38:19 Md. R. 1159—1160 (September 9, 2011), has been adopted as

proposed.





PROGRAMS

10.09.06 Hospital Services




[11-247-F]


adopted amendments to Regulations .15 and .15-1 under COMAR

10.09.06 Hospital Services. This action, which was proposed for

adoption in 38:19 Md. R. 1160 (September 9, 2011), has been

adopted as proposed.





PROGRAMS

10.09.10 Nursing Facility Services




[11-257-F]


adopted amendments to Regulations .07, .08, .09, .10, .11-1, .11-2,

and .16 under COMAR 10.09.10 Nursing Facility Services. This

action, which was proposed for adoption in 38:19 Md. R. 1160—

1162 (September 9, 2011), has been adopted as proposed.




Subtitle 19 DANGEROUS DEVICES

AND SUBSTANCES

10.19.01 Prohibition of Bisphenol-A in Child Care

Articles

Authority: Health-General Article, §24-304, Annotated Code of Maryland


[11-246-F]

On November 3, 2011, the Secretary of Health and Mental

Hygiene adopted new Regulations .01—.05 under a new chapter,

COMAR 10.19. 01 Prohibition of Bisphenol-A in Child Care

Articles. This action, which was proposed for adoption in 38:19 Md.

R. 1162—1163 (September 9, 2011), has been adopted as proposed.





1503


Title 14


Subtitle 09 WORKERS’

COMPENSATION COMMISSION

14.09.01 Procedural Regulations

Authority: Health-General Article, §4-303; Labor and Employment Article,

§§9-307, 9-309, 9-310.2, 9-314, 9-404, 9-405, 9-410, 9-603, 9-625, 9-635, 9-689, 9-701, 9-709, 9-710, 9-711, 9-721, 9-731, 9-739, and 9-6A-07; Insurance

Article, §§19-405 and 19-406; State Government Article, §10-1103;



[11-258-F]

On October 27, 2011, the Workers‘ Compensation Commission

adopted amendments to Regulations .01 and .19 under COMAR

14.09.01 Procedural Regulations to clarify the procedures for

reviewing settlements to ensure compliance with the Medicare

Secondary Payer Act when settling claims involving future medical

benefits. This action, which was proposed for adoption in 38:19 Md.

R. 1167—1168 (September 9, 2011), has been adopted as proposed.


R. KARL AUMANN

Chairman

Workers‘ Compensation Commission

Title 20

PUBLIC SERVICE

COMMISSION

Subtitle 50 SERVICE SUPPLIED BY

ELECTRIC COMPANIES


[11-249-F]

On October 28, 2011, the Public Service Commission adopted:

(1) Amendments to Regulation .03 under COMAR 20.50.01

General; and

(2) New Regulations .01 — .06 under a new chapter, COMAR

20.50.11 Deanna Camille Green Rule — Contact Voltage Survey

Requirement and Reporting.

This action, which was proposed for adoption in 38:19 Md. R.

1170—1172 (September 9, 2011), has been adopted with the

nonsubstantive changes shown below.







COMAR 20.50.11: The changes in the new chapter name are

corrective and clarifying in nature and are nonsubstantive. This

clarification comports with the understanding of all participants and

with the Commission’s original intent, and such clarification would

have been reasonably anticipated by the participants in the rule-

making process.

20.50.11 Deanna Camille Green Rule — Contact

Voltage Survey Requirement and Reporting [[(In

Memory of Deanna Camille Green)]]

Authority: Public Utilities Article, §§2-113, 2-121, 5-101, and 5-303,


.01 — .06 (proposed text unchanged)

TERRY J. ROMINE

Executive Secretary

Public Service Commission

Title 30

MARYLAND INSTITUTE

FOR EMERGENCY

MEDICAL SERVICES

SYSTEMS (MIEMSS)

Subtitle 06 PUBLIC ACCESS

AUTOMATED EXTERNAL

DEFIBRILLATOR PROGRAM

30.06.03 Protocol

Authority: Education Article, §13-517, Annotated Code of Maryland


[11-237-F]

On November 8, 2011, the Emergency Medical Services Board


Protocol. This action, which was proposed for adoption in 38:18 Md.

R. 1106 (August 26, 2011), has been adopted as proposed.


ROBERT R. BASS, M.D.

Executive Director

Maryland Institute for Emergency Medical Services Systems


1504


Title 34

DEPARTMENT OF

PLANNING

Subtitle 04 HISTORICAL AND

CULTURAL PROGRAMS

34.04.07 Sustainable Communities Tax Credit

Certification

Authority: State Finance and Procurement Article, §5A-303, Annotated Code of Maryland; and Ch. 383, Acts of 2011


[11-265-F]

On November 8, 2011, the Maryland Department of Planning


Sustainable Communities Tax Credit Certification. This action,

which was proposed for adoption in 38:20 Md. R. 1252 (September

23, 2011), has been adopted as proposed.


RICHARD E. HALL

Secretary of Planning

1505


Proposed Action on Regulations

Title 10


AND MENTAL HYGIENE

Subtitle 33 BOARD OF EXAMINERS

OF NURSING HOME

ADMINISTRATORS

10.33.01 Nursing Home Administrators

Authority: Health Occupations Article, §§1-606, 9-205, 9-311, 9-313, 9-314,

9-407; State Government Article, §10-226; Annotated Code of Maryland

Notice of Proposed Action

[11-330-P]

The Secretary of Health and Mental Hygiene proposes to repeal

existing Regulations .12 and .16, adopt new Regulations .12, .16, and

.19—.24, amend Regulations .15 .and .17, and recodify existing

Regulations .17-1 and .18—.22 to be Regulations .18 and .25—.29,

respectively, under COMAR 10.33.01 Nursing Home

Administrators. This action was considered at a public meeting held

on September 14, 2011, notice of which was given by publication in

38:18 Md. R. 1115 (August 26, 2011), pursuant to State Government

Article, §10-506(c)(1), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Establish sanctioning guidelines for the Board of Examiners

of Nursing Home Administrators to follow when a licensee is found

to have violated the provisions of COMAR 10.33.01 or of the

Maryland Nursing Home Administrators Licensing Act;

(2) Alter continuing education requirements and to allow

continuing education units (CEUs) to be earned by certain means;

(3) Establish that a licensee may be disciplined for falsifying

continuing education records; and

(4) Establish new procedures for addressing and investigating

complaints, charging a licensee, and conducting disciplinary

proceedings.


There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.


The proposed action has minimal or no economic impact on small

businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of

Regulations and Policy Coordination, Department of Health and

Mental Hygiene, 201 W. Preston Street, Room 512, Baltimore,

Maryland 21201, or call 410-767-6499 (TTY 800-735-2258), or

email to [email protected], or fax to 410-767-6483. Comments

will be accepted through December 19, 2011. A public hearing has

not been scheduled.

.12 Continuing Education.

A. Before relicensure, an individual shall submit satisfactory

evidence of having completed a minimum of 40 hours, unless

otherwise specified by State or federal law, of continuing education,

approved by the Board, within the 2-year period before the

relicensure date. The approval of the continuing education shall be at

the discretion of the Board.

B. The Board shall audit a percentage of nursing home

administrators, to be determined by the Board, for each reporting

period.

C. On request by the Board, a nursing home administrator shall

provide full documentation of the credit hours completed in

accordance with the requirements of this regulation.

D. All continuing education shall be completed in courses

approved by the National Association of Long Term Care

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, a

statement of purpose, a comparison to federal standards, an estimate of economic impact, an economic impact on small businesses, a notice

giving the public an opportunity to comment on the proposal, and the text of the proposed regulations. The opportunity for public 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 the

proposal. When final action is taken, the agency must publish a notice in the Maryland Register. Final action takes effect 10 days after the

notice is published, unless the agency specifies a later date. An agency may make changes in the text of a proposal. If the changes are not

substantive, these changes are included in the notice of final action and published in the Maryland Register. If the changes are substantive,

the agency must repropose the regulations, showing the changes that were made to the originally proposed text.

Proposed action on regulations may be withdrawn by the proposing agency any time before final action is taken. When an agency

proposes action on regulations, but does not take final action within 1 year, the proposal is automatically withdrawn by operation of law,

and a notice of withdrawal is published in the Maryland Register.

PROPOSED ACTION ON REGULATIONS

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Administrator Boards (NAB), except as provided in §§E, F and G of

this regulation.

E. The Board shall award 10 clock hours of continuing education

for each completed accredited college credit that falls within the core

of knowledge outlined in Regulation .09 of this chapter.

F. The Board shall award 1 hour of continuing education for each

month a preceptor serves as an instructor in an AIT program, up to a

maximum of 12 credit hours per renewal cycle.

G. A licensee suspended for disciplinary reasons is not exempt

from the continuing education requirement in §A of this regulation.

.15 Suspension and Revocation of Licenses.

A. Pursuant to Health Occupations Article, §9-314(b)(3),

Annotated Code of Maryland, the Board may deny a license or

limited license to any applicant, suspend or revoke a license of a

nursing home administrator, or reprimand or otherwise discipline an

applicant or a licensee after due notice and an opportunity to be heard

at a formal hearing, upon evidence that the applicant or licensee:

(1)—(9) (text unchanged)

(10) Has failed to oversee and facilitate the nursing [facilities]

facility’s quality improvement processes to the extent that the safety,

health, or life of any patient has been endangered;


(14) Has engaged in sexual behavior that would be considered

unethical or unprofessional according to the professional standards of

conduct, including but not limited to:

(a)—(m) (text unchanged)

(n) Offering to provide services, such as drugs, in exchange

for sexual favors; [or]

(15) Has practiced as a nursing home administrator without

holding a license to practice nursing home administration in the

State;

(16) Has falsified continuing education records; or

(17) Has failed to cooperate with investigations, proceedings,

and other requirements of the Board.

B. (text unchanged)

C. A licensee shall notify the Board in writing within 30 days if

any license, certificate, permit, or registration granted by another

state for the practice of a nursing home administrator has been

limited, restricted, suspended, revoked, or subjected to other

disciplinary action by the licensing or certifying authority.

.16 Complaints and Hearing Procedures.

A. Filing of Complaints. Any person, public officer, or association

or the Board may submit a complaint against any licensee or AIT for

due cause.

B. Representation by Counsel.

(1) A respondent may be represented by counsel in any matter

before the Board and at any stage of the proceedings.

(2) If the matter goes to a hearing, a respondent shall be

represented by:

(a) The respondent; or

(b) By an attorney who is:

(i) Admitted to the Maryland Bar; or

(ii) Specially admitted to practice law pursuant to

Maryland Rule 14.

(3) An administrative prosecutor assigned to the Board by the

Office of the Attorney General shall prosecute disciplinary matters in

Board proceedings.

(4) The Board may be represented by and obtain advice of

counsel assigned to it by the Office of the Attorney General in all

proceedings.

C. Confidentiality of Proceedings.

(1) Except as otherwise provided by law, the proceedings of the

Board are confidential. The parties may not waive the confidentiality

provided by this regulation.

(2) The Office of Administrative Hearings’ proceedings

involving the adjudication of a Board-contested case and the

administrative law judge’s recommended decision are confidential.

The respondent may not waive the confidentiality of the proceedings

or of the residents whose medical records or care are reflected in the

record of the proceedings.

(3) To the extent possible, even after a final order is issued by

the Board, the parties may not reveal the identity of any residents

referred to in the Board’s order.

D. Investigation of Complaints.

(1) On receipt of a complaint, the administrative personnel

shall:

(a) Send an acknowledgement letter to the complainant; and

(b) Present the complaint to the disciplinary subcommittee

of the Board.

(2) The Board’s disciplinary subcommittee shall:

(a) Review a complaint over which the Board has

jurisdiction; and

(b) Make a recommendation to the Board as to the

disposition of the complaint.

(3) The Board may send a copy of the complaint, either in its

entirety or redacted, to the licensee who is the subject of the

complaint to obtain a response to the allegations made in the

complaint.

(4) Participation in review of complaints made to the Board is

not a basis for recusal of a Board member, Board counsel, or the

administrative prosecutor from further proceedings in the case.

(5) The Board may issue subpoenas over the signature of:

(a) The Board’s executive director; or

(b) A Board member.

E. Prosecution of Complaint.

(1) For each complaint, after reviewing the complaint and any

investigative material, the Board, through its disciplinary

subcommittee, shall:

(a) Close the case;

(b) Close the case with a nonpublic informal advisory letter

to the licensee; or

(c) Vote to take the following disciplinary action or actions:

(i) Charge the licensee with a violation or violations of

Health Occupations Article, §9-314, Annotated Code of Maryland, or

a violation or violations of COMAR 10.33.01.15;

(ii) Summarily suspend a license or issue a Notice of

Intent to Summarily Suspend;

(iii) Deny an application for licensure; or

(iv) Issue a cease and desist order.

(2) After a vote for disciplinary action or actions, the matter

shall be referred to an administrative prosecutor for prosecutorial

action.

(3) After the administrative prosecutor has drafted the notice or

order of the disciplinary action or actions, if acceptable, a Board

officer or the Board executive director shall sign the notice or order

of the disciplinary action or actions and the licensee, applicant, or

individual shall be served.

.17 Procedure of Board Hearings.

A. (text unchanged)

[B.] — [D.] (proposed for repeal)

B. Charges and Notice of Initial Denial.

(1) If the Board issues charges or a notice of initial denial, the

document shall be served upon the respondent.

(2) Service is completed when the document is:

(a) Sent by first-class regular mail;

(b) Sent by certified mail to the address the respondent is

required to maintain with the Board; or

(c) Hand delivered in person.


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(3) Charges or a notice of initial denial shall:

(a) Inform the respondent of the statutory basis for the

charges or denial of licensure;

(b) Allege sufficient facts which the Board believes

constitute a basis for:

(i) Violation of the Maryland Nursing Home

Administrators Act or COMAR 10.33.01.15; or

(ii) Denial of licensure;

(c) Notify the respondent of any proceedings scheduled

before the Board or of an opportunity to request a hearing within a

certain period of time and the consequences of failing to appear for

those proceedings or to request a hearing; and

(d) Be accompanied by a letter of procedure notifying the

respondent of the applicability of the Administrative Procedure Act to

the Board’s proceedings.

(4) If the respondent has not acknowledged receipt of the

charges or notice of initial denial, the Board may nevertheless

proceed in prosecuting the case if it has complied with §B(2) of this

regulation.

(5) If the Board issues a notice of initial denial to an applicant

for a license, the applicant may not withdraw the application without

approval of the Board.

C. Representation of Parties. All parties appearing at formal

hearings shall have the right to appear in person, with counsel, or to

be represented by counsel.

D. Case Resolution Conference.

(1) After service of charges or notice of initial denial, the

Board shall offer a respondent the opportunity for a case resolution

conference.

(2) Matters admitted, revealed, negotiated, or otherwise

discussed at a case resolution conference are without prejudice and

may not be used by the respondent, administrative prosecutor, or

Board in any subsequent proceedings, unless the information is

otherwise discovered or available by appropriate means.

(3) Recommendations of the case resolution conference

committee are not binding on the Board, which may:

(a) Accept the proposed resolution; or

(b) Modify a proposed settlement.

(4) If the respondent and the administrative prosecutor are

unable to reach an agreement for settlement that is recommended by

the case resolution conference committee, the matter shall proceed to

a hearing on the charges or notice of initial denial.

(5) Participation in a case resolution conference is not a basis

for recusal of a Board member, Board counsel, or Board prosecutor

from further proceedings in a case.

E.—H. (text unchanged)

I. Discovery on Request. By written request served on the other

party and filed with the Board or the Office of Administrative

Hearings, as appropriate, a party may require another party to

produce copies of documents intended to be produced at the hearing

within 30 days of service.

J. Mandatory Discovery.

(1) At least15 days before the prehearing conference, if

scheduled, or 45 days before the scheduled hearing date, whichever

is earlier, each party shall provide to the other party:

(a) The name and curriculum vitae of any expert witness

who will testify at the hearing; and

(b) A detailed written report summarizing the expert’s

testimony, which includes the opinion offered and the factual basis

and reasons underlying the opinion.

(2) If the Board or the Office of Administrative Hearings, as

appropriate, finds that the report is not sufficiently specific, or

otherwise fails to comply with the requirements of this section, the

testimony of the expert and any report of the expert shall be excluded

from the hearing.

(3) The Board or the Office of Administrative Hearings, as

appropriate, shall consider and decide arguments regarding the

sufficiency of the report:

(a) At the prehearing conference, if scheduled; or

(b) Immediately before the scheduled hearing.

(4) If an expert adopts a sufficiently specific charging

document as the expert’s report, that adoption shall satisfy the

requirements set forth in this section.

(5) Parties are not entitled to discovery of items other than as

listed in §K(3) and (4) of this regulation.

(6) Both parties have a continuing duty to supplement their

disclosures of witnesses and documents.

(7) Absent unforeseen circumstances which would otherwise

impose an extraordinary hardship on a party:

(a) If a prehearing conference is scheduled, witnesses or

documents may not be added to the list after the prehearing

conference; or

(b) If no prehearing conference is scheduled, witnesses or

documents may not be added to the list later than 15 days before the

hearing.

(8) The prohibition against adding witnesses does not apply to

witnesses or documents to be used for impeachment or rebuttal

purposes.

(9) Construction.

(a) In hearings conducted by an administrative law judge of

the Office of Administrative Hearings, this section shall, whenever

possible, be construed as supplementing and being in harmony with

COMAR 28.02.01.

(b) In the event of a conflict between this section and

COMAR 28.02.01, this section applies.

.19 Sanctions, Hearings, and Final Order.

A. Surrender of License.

(1) The Board may require conditions for surrender of a

license, including:

(a) An admission of a violation of the Maryland Nursing

Home Administrators Act;

(b) An admission of facts;

(c) A statement of the circumstances under which the

surrender was offered or accepted;

(d) Restrictions on future licensure;

(e) Conditions for reinstatement of the license; or

(f) An agreement that the respondent may not apply for

reinstatement of the license.

(2) Unless the Board determines that disclosure of the

surrender is not in the public interest, a letter of surrender is a:

(a) Final order of the Board; and

(b) Public record under State Government Article, §10-611,

Annotated Code of Maryland.

B. Hearings on Charges or Notice of Initial Denial.

(1) Hearings shall be conducted under State Government

Article, Title 10, Annotated Code of Maryland.

(2) The Board may delegate the Board’s authority to hear

contested cases to the Office of Administrative Hearings on a case-

by-case basis.

(3) Proceedings may not be open to the public.

(4) All records, including the recommended decision, shall be

confidential and sealed.

(5) If a matter has been delegated to the Office of

Administrative Hearings, the administrative law judge presiding over

the proceedings shall issue to the Board a recommended decision

containing:

(a) Proposed or final findings of fact;

(b) Proposed or final conclusions of law;

(c) A proposed sanction; or


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(d) Pursuant to the Board’s delegation, any combination of

§B(5)(a)—(c) of this regulation.

C. Burden of Proof.

(1) An applicant or licensee issued a notice of initial denial by

the Board has the burden to demonstrate by a preponderance of the

evidence that the applicant or licensee is entitled to licensure or

other benefit the Board has initially denied.

(2) The administrative prosecutor has the burden to

demonstrate by a preponderance of the evidence that the licensee has

committed a violation or violations of the Maryland Nursing Home

Administrators Act.

D. Exceptions and Exceptions Hearing.

(1) If a matter has been delegated by the Board to the Office of

Administrative Hearings, a party may file exceptions to the

administrative law judge’s proposed findings of fact, proposed

conclusions of law, and proposed sanction, as set out in the

recommended decision, before the Board makes a final decision.

(2) Unless otherwise permitted by the Board, within 15 days

after the issuance of the recommended decision, or as otherwise

specified by the administrative law judge in the recommended

decision, either party may file written exceptions with the Board.

(3) Unless otherwise permitted by the Board, a party’s written

exceptions may not be longer than 25 double-spaced pages and shall

state with particularity the:

(a) Finding of fact;

(b) Conclusion of law or other matter excepted to; and

(c) Relevant portions of the record supporting the party’s

exception.

(4) Unless otherwise permitted by the Board, within 10 days

after a party’s exceptions are filed with the Board, the opposing party

may file an answer to exceptions.

(5) Unless otherwise permitted by the Board, a party’s answer

to exceptions may not be longer than 25 double-spaced pages and

shall state with particularity:

(a) A response to an exception; and

(b) The relevant portions of the record supporting that

response.

(6) Unless otherwise permitted, the Board may not consider a

party’s response to an answer to exceptions.

(7) Unless otherwise agreed to by the parties and permitted by

the Board, an exceptions hearing shall be scheduled for the next

meeting of the Board after receipt of the parties’ exceptions and any

answer to exceptions.

(8) Exceptions Hearing.

(a) An exceptions hearing shall be held before the Board.

(b) The hearing shall be a nonevidentiary hearing to provide

the parties with an opportunity for oral argument on the exceptions

and answers to exceptions.

(c) The Board member presiding at the hearing shall

determine all procedural issues and may impose reasonable time

limits on each party’s oral argument.

(d) The presiding Board member shall make rulings

reasonably necessary to facilitate the effective and efficient progress

of the hearing.

(e) The respondent and the administrative prosecutor each

may not exceed 30 minutes to present oral argument.

(f) The party who filed the exceptions shall proceed first and

may reserve part of the allotted time for rebuttal.

(9) Unless otherwise agreed to by the parties and permitted by

the Board, in an answer to exceptions or in the hearing on

exceptions, the parties may not reference any document or other

evidence or offer an exhibit that is outside the record of the

evidentiary hearing before the administrative law judge.

(10) If neither party files exceptions within the time specified in

§D(2) of this regulation, in making the Board’s final decision, the

Board shall consider only the:

(a) Recommended decision of the administrative law judge;

and

(b) Record of the evidentiary hearing.

E. Board Final Decision and Order.

(1) After review of the record and deliberation, the Board shall

issue a final order consisting of:

(a) Findings of fact;

(b) Conclusions of law; and

(c) The sanction or disposition to be imposed.

(2) On finding that there has been a violation of the Maryland

Nursing Home Administrators Act, the Board may order that the:

(a) Licensee be:

(i) Fined;

(ii) Reprimanded;

(iii) Placed on probation; or

(iv) Subjected to any combination of §E(2)(a)(i)—(iii) of

this regulation; or

(b) The licensee’s license be:

(i) Suspended; or

(ii) Revoked.

.20 Summary Suspension of a License.

A. Pursuant to its authority under State Government Article, §10-

226(c), Annotated Code of Maryland, the Board shall order the

summary suspension of a license if the Board determines that there is

a substantial likelihood that a licensee poses a risk of harm to the

public health, safety, or welfare.

B. Notice of Intent to Summarily Suspend.

(1) Based on information gathered in an investigation or

otherwise provided to the Board, the Board may vote to issue:

(a) A notice of intent to summarily suspend a license; or

(b) An order of summary suspension.

(2) If the Board votes to issue a notice of intent to summarily

suspend a license or an order of summary suspension, the Board

shall refer the matter to an administrative prosecutor for prosecution.

(3) A notice of intent to summarily suspend a license shall

include:

(a) A proposed order of summary suspension which is

unexecuted by the Board and includes:

(i) The statutory authority on which the action has been

taken;

(ii) Allegations of fact that the Board believes

demonstrate a substantial likelihood that the licensee poses a risk of

harm to the public health, safety, or welfare; and

(iii) Notice to the respondent of the right to request a full

hearing on the merits of the summary suspension if the Board

executes the proposed order of summary suspension; and

(b) An order or summons to appear before the Board to

show cause why the Board should not execute the order of summary

suspension and which notifies the respondent of the consequences of

failing to appear.

(4) Service.

(a) The Board shall serve a respondent with a notice of

intent to summarily suspend a license not later than 5 days before a

predeprivation show cause hearing is scheduled before the Board.

(b) Service of the notice of intent to summarily suspend shall

be made:

(i) Personally upon the respondent;

(ii) By certified mail to the address the respondent is

required to maintain with the Board; or

(iii) By other reasonable means to effect service.


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(c) If the Board is unable to serve the notice of intent to

summarily suspend a license upon the respondent as described in

§B(4)(a) and (b) of this regulation, the Board may nevertheless

proceed to prosecute the case.

C. Predeprivation Opportunity to Be Heard.

(1) If the Board issues a notice of intent to summarily suspend

a license, the Board shall offer the respondent the opportunity to

appear before the Board to show cause why the respondent’s license

should not be suspended before the Board executes the order of

summary suspension.

(2) A Predeprivation Show Cause Hearing Before the Board.

(a) The hearing shall be a nonevidentiary hearing to provide

the parties with an opportunity for oral argument on the proposed

summary suspension.

(b) The Board member presiding at the hearing shall

determine all procedural issues and may impose reasonable time

limits on each party’s oral argument.

(c) The presiding Board member shall make rulings

reasonably necessary to facilitate the effective and efficient operation

of the hearing.

(d) The respondent and the administrative prosecutor may

not exceed 30 minutes each to present oral argument.

(e) The respondent shall proceed first and may reserve part

of the allotted time for rebuttal.

(3) The Board member who presides at the hearing:

(a) May allow either the respondent or the administrative

prosecutor to present documents or exhibits which are relevant and

material to the proceedings and which are not unduly repetitious, if

the presiding Board member believes that the documents or exhibits

are necessary for a fair hearing; and

(b) May not allow testimony by any witness unless agreed to

by the parties and approved by the Board in advance of the hearing.

(4) A Board member may be recognized by the presiding

member to ask questions of either party appearing before the Board.

D. Summary Suspension Without Prior Notice or an Opportunity

to Be Heard.

(1) Extraordinary Circumstances. The Board may, after

consultation with Board counsel, order the summary suspension of a

license without first issuing a notice of intent to summarily suspend a

license or providing a respondent with an opportunity for a

predeprivation hearing if the Board determines that:

(a) The public health, safety, or welfare requires the

immediate suspension of the license; and

(b) Prior notice and an opportunity to be heard are not

feasible.

(2) Time — Service and Hearing.

(a) An order of summary suspension under §D(1) of this

regulation shall be served on the respondent promptly after its

execution.

(b) The respondent shall be provided an opportunity for a

hearing before the Board within 15 days after the effective date of the

summary suspension.

(3) If the respondent requests a hearing under §B(3)(a)(iii) of

this regulation, that hearing shall:

(a) Be conducted before the Board; and

(b) Provide the respondent with an opportunity to show

cause why the Board should lift the summary suspension and

reinstate the license.

E. Burdens of Production and Persuasion.

(1) In a show cause proceeding under §C of this regulation, the

respondent may present argument in opposition to the allegations

presented in the order for summary suspension or which otherwise

demonstrate that the public health, safety, or welfare is not at risk.

(2) The administrative prosecutor bears the burden of

demonstrating by a preponderance of the evidence that the health,

safety, or welfare of the public imperatively requires the Board to

summarily suspend the respondent’s license.

F. Disposition.

(1) If the Board issues a notice of intent to summarily suspend

a license before summarily suspending a license, the Board may,

after the show cause hearing, vote to:

(a) Order a summary suspension;

(b) Deny the summary suspension; or

(c) Issue an order agreed to by the parties.

(2) If the Board orders a summary suspension before a show

cause hearing, the Board may, at the conclusion of the hearing, vote

to:

(a) Affirm its order of summary suspension;

(b) Rescind the order for summary suspension; or

(c) Issue an order agreed to by the parties.

(3) An order for summary suspension or other order issued by

the Board after the initiation of summary suspension proceedings are

final orders of the Board and public records under State Government

Article, §10-611, Annotated Code of Maryland.

G. Postdeprivation Opportunity for an Evidentiary Hearing.

(1) If the Board orders the summary suspension of a license

under §C or D of this regulation, the respondent shall have an

opportunity for an evidentiary hearing before the Board, or, if the

Board delegates the matter to the Office of Administrative Hearings,

before an administrative law judge.

(2) The respondent may request an evidentiary hearing within

10 days after the Board issues the order of summary suspension.

(3) Unless otherwise agreed to by the parties, a hearing shall

be provided within 60 days after the respondent’s request.

(4) An evidentiary hearing may be consolidated with a hearing

on charges issued by the Board that include the facts which form the

basis for the summary suspension.

(5) An evidentiary hearing shall be conducted under the

contested case provisions of State Government Article, Title 10,

Subtitle 2, Annotated Code of Maryland.

(6) If the Board delegates the matter to the Office of

Administrative Hearings, the administrative law judge shall issue a

recommended decision to the Board with:

(a) Proposed or final findings of fact;

(b) Proposed or final conclusions of law;

(c) A proposed disposition; or

(d) Any combination of §G(6)(a)—(c) of this regulation,

pursuant to the Board’s delegation of the matter to the Office of

Administrative Hearings.

(7) If the hearing is one combined with charges, the

administrative law judge’s determination of the merits of the

summary suspension shall be based only on the parts of the record

available to the Board when the Board voted for summary

suspension.

(8) The parties may file exceptions to the recommended

decision, as provided in State Government Article, §10-216,


(9) An order issued by the Board after a postdeprivation

evidentiary hearing is a final order of the Board and is a public

record under State Government Article, §10-611, Annotated Code of

Maryland.

.21 Probation and Violation of Probation Proceedings.

A. If the Board imposes a period of probation as a sanction, the

Board may impose conditions of probation which the Board

considers appropriate, including but not limited to:

(1) Re-education or completion of approved courses;

(2) Payment of a fine;

(3) Practicing under supervision;


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(4) Monitoring by the Board or by an individual or entity

approved by the Board, with periodic reporting to the Board;

(5) An examination by a physician or other appropriate health

care provider;

(6) Limitation of the licensee’s practice;

(7) Obtaining a passing score on an appropriate examination;

or

(8) Any other condition the Board considers appropriate for the

rehabilitation or retraining of a licensee.

B. A term of probation may be defined by a specific period of time

or the successful completion of certain conditions or acts by the

licensee.

C. A licensee seeking termination of probation shall do so only by

petitioning the Board to lift the probation when:

(1) The specific period of time has passed; and

(2) The licensee has successfully completed the conditions or

acts required for termination.

D. If the Board determines that the licensee is not in compliance

with the conditions of probation, the Board shall:

(1) Charge the licensee with a violation of probation;

(2) Take any action the final order or consent order provides

for a violation of probation, including suspension of the license;

(3) Summarily suspend the license; or

(4) Take any other action the Board considers appropriate and

may take by law.

E. Charges for Violation of Probation.

(1) If the Board issues charges for a violation of probation, the

service shall be as provided for in Regulation .17B(2) of this chapter.

(2) The charging document for a violation of probation shall:

(a) Inform the respondent of the statutory provision,

condition of probation, or provision of the Board’s order which the

Board believes has been violated;

(b) Allege facts that constitute a basis for a violation of

probation; and

(c) Notify the respondent of:

(i) Any proceedings scheduled before the Board or of an

opportunity to request a hearing within a certain period of time; and

(ii) The consequences of failing to appear for those

proceedings or to request a hearing.

(3) If the respondent requests a hearing on the charge of a

violation of probation, the Board shall, before the hearing, provide

the respondent with a case resolution conference as provided in

Regulation .17C of this chapter, to discuss settlement of the matter.

F. Violation of Probation Hearing. A hearing for a violation of

probation shall be held as set out in Regulation .17D of this chapter.

G. If the Board determines that a respondent has violated

probation, the Board shall:

(1) Take any action the consent order or final order provides

for a violation of probation;

(2) Impose additional conditions of probation; or

(3) Impose a sanction or take any other action the Board

considers appropriate and may take by law.

.22 Sanctioning Guidelines.

A. General Application of Sanctioning Guidelines.

(1) After concluding that a licensee has violated a ground for

discipline under Health Occupations Article, §9-314(b), Annotated

Code of Maryland, or under COMAR 10.33.01.15A, the Board shall

determine the applicable sanction range according to the range of

sanctions set forth in §B of this regulation. The Board shall then

consider the applicable aggravating and mitigating factors, set forth

in §C of this regulation, to determine whether the sanction should fall

outside the indicated range of sanctions. After considering the

applicable aggravating and mitigating factors, the Board shall

impose the appropriate sanction.

(2) The Board is not required to make findings of fact with

respect to any of the factors for determining the sanction indicated by

the sanctioning guidelines.

(3) In the event that a licensee’s violation of the Board’s

statutes or regulation does not fall within a sanction range, the Board

shall so indicate and use its best judgment to determine the

appropriate sanction and consider, to the extent possible, the factors

in the sanctioning guidelines.

(4) The Board shall state its reasons if it deviates from the

sanctioning guidelines.

(5) A departure from the sanctioning guidelines alone is not a

ground for any hearing or appeal of a Board action.

(6) Notwithstanding this regulation, in order to resolve a

disciplinary proceeding, the Board and the licensee may agree to a

surrender of license or a Consent Order with terms and sanction

agreed to by the Board and the licensee.

(7) In a case where there are multiple and distinct violations,

the Board may impose a sanction greater than the maximum

indicated by the sanctioning guidelines for each individual violation.

(8) If probation is imposed, the Board may impose appropriate

terms and conditions of probation. If a licensee violates the terms or

conditions of probation, the Board may take further disciplinary

action against the licensee.

(9) Pursuant to Health Occupations Article, §9-314.1,

Annotated Code of Maryland, if a civil fine is imposed, the fine may

not exceed $1,000 for a first violation or $5,000 for any subsequent

violation of the same provision.

________________________________


1511


B. Range of Sanctions.

(1) Patient Safety.

Severity Tier Conduct

Sanction Range

Minimum Maximum

Least

to

Greatest

1

(a) Committed a violation which resulted in no or little potential

harm to a resident; or

(b) Made an immediate and significant effort to remedy the

violation.

Reprimand Probation for 2 years

2

(a) Committed a violation which resulted in moderate potential for

resident harm;

(b) Had been given prior warning of facility errors;

(c) Made no significant or immediate attempt to remedy the

facility errors; or

(d) Failed to oversee a quality improvement process.

$500 fine and probation

for 1 year

Maximum fine

allowable under §A(9)

of this regulation,

suspension for 2 years,

and probation for 3

years

3

(a) Committed a violation resulting in actual or potentially serious

harm to a resident;

(b) Had been given repeated warnings of facility errors;

(c) Committed a violation affecting two or more residents; or

(d) Was under the influence of alcohol or drugs at the time the

licensee committed the violation.

Suspension for 1 year Revocation

4 A licensee is not competent to practice as a nursing home

administrator.

Suspension until Board

determines competent

Revocation

(2) Fraud, Deceit, or Misrepresentation.

Severity Tier Conduct Sanction Range

Minimum Maximum

Least

to

Greatest

1

(a) Committed a singular fraudulent or deceptive act, limited in

nature; and

(b) Neither achieved nor attempted to achieve personal financial

or material gain from the violation.

Reprimand Maximum fine


of this regulation and

probation for 3 years

2

(a) Achieved or attempted to achieve a material or financial gain

as a result of the fraud, deceit, or misrepresentation.

(b) Targeted or harmed residents of the facility administered;

(c) Committed multiple acts of fraud or deceit or perpetrated an

elaborate scheme involving fraud, deceit, or misrepresentation;

(d) Used false impersonation or identification in furtherance of

the violation; or

(e) Committed a violation in order to obtain a license for the

licensee or another.

$500 fine, suspension

for 2 years, and


Revocation

(3) General Misconduct.


Minimum Maximum

Least

to

Greatest

1

(a) Made a singular inappropriate sexual comment during the

licensee’s practice as a nursing home administrator; or

(b) Committed a violation resulting in no harm or having

potentially minimal harm.





2

(a) Has made multiple inappropriate sexual comments not rising

to the level of harassment;

(b) Was under the influence of alcohol or drugs at the time the

licensee committed the violation; or

(c) Committed a violation act resulting in a moderate potential for

harm.

$500 fine, and

probation for 1 year

Maximum fine


of this regulation,

suspension for 2 years,

and probation for 3

years

3

(a) Diverted or stole drugs from a facility or a resident;

(b) Committed an act of sexual misconduct involving touching,

inappropriate contact, observation, recording, or harassment;

(c) Committed or threatened to commit an act of violence;

(d) Committed an act resulting in actual harm or the serious

potential for harm;

(e) Discriminated against a person; or

(f) Recorded a resident or residents, without authorization from

the resident or residents, using, but not limited to, a camera,

phone, or video recorder.


for 1 year, and


Revocation


1512


(4) Records Violation Without Fraudulent or Deceitful Intent.


Minimum Maximum

Least

to

Greatest

1

Licensee made limited errors in completing or maintaining a

resident’s or the facility’s record, resulting in no harm to a

resident.

Reprimand Reprimand

2

(a) Produced a significant pattern of inaccurate records;

(b) Improperly disclosed or authorized the disclosure of

confidential medical records without intent to violate the

governing confidentiality laws or regulations; or

(c) Committed an act of false advertising.

$500 fine, and

probation for 1 year

Maximum fine


of this regulation,

suspension for 1 year,

and probation for 3

years

3

Willfully releasing or willfully authorizing the release of

confidential medical records to unauthorized recipients.


for 1 year, and


Revocation

(5) Administrator-In-Training Violations by Nursing Home Administrator,


Minimum Maximum

Least

to

Greatest

1

Licensee failed to fulfill requirements related to the supervising of

an administrator-in-training, but was in general compliance.





2

(a) Committed an act involving deliberate falsification or deceit;

(b) Failed to achieve significant compliance with regulatory

requirements of the administrator-in-training program.


for 1 year, and


Revocation

________________________________

C. Aggravating and Mitigating Factors.

(1) Mitigating Factors. In determining whether the sanction

falls outside the indicated range of sanctions listed in §B of this

regulation, the Board may consider the following mitigating factors:

(a) Absence of a prior disciplinary record;

(b) The licensee reported the violation to the Board;

(c) The licensee:

(i) Voluntarily admitted violation;

(ii) Provided full disclosure to the Board; and

(iii) Cooperated during Board proceedings;

(d) The licensee implemented remedial measures to correct

or mitigate harm arising from the violation;

(e) The licensee made a timely good-faith effort to make

restitution or otherwise rectify the consequences of the violation;

(f) Evidence of rehabilitation or potential for rehabilitation;

(g) Absence of premeditation to commit the violation;

(h) Absence of potential harm to or adverse impact on the

public or adverse impact on the public;

(i) Isolated incident and not likely to recur; or

(j) If the licensee had worked at the nursing facility for a

limited period and violation was present before beginning work at the

facility.

(2) Aggravating Factors. In determining whether the sanction

of the licensee falls outside the indicated range of sanctions listed in

§B of this regulation, the Board may consider the following

aggravating factors:

(a) Previous criminal or administrative disciplinary history;

(b) The violation was committed deliberately or with gross

negligence or recklessness;

(c) The violation had the potential for, or caused, serious

resident harm;

(d) The violation was part of a pattern of detrimental

conduct;

(e) The licensee pursued the licensee’s financial gain over a

resident’s welfare;

(f) The resident was especially vulnerable;

(g) The licensee attempted to:

(i) Conceal the violation;

(ii) Falsify or destroy evidence; or

(iii) Present false testimony or evidence;

(h) The licensee failed to cooperate with the Board’s

investigation; or

(i) Previous attempts at rehabilitation were unsuccessful.

.23 Petitions for Reinstatement of License Following Revocation.

A. In order for a revoked license to be reinstated, the individual

whose license was revoked shall petition the Board for reinstatement.

B. An individual who petitions the Board for reinstatement

following the revocation of his or her license may petition for

reinstatement only pursuant to the terms of the Board’s order

revoking the license. The Board may set conditions precedent and a

time period for petitioning for reinstatement or may permanently

revoke.

C. If the Board’s order revoking the license does not contain a

time period for petitioning for reinstatement, the individual may

petition for reinstatement after 3 years from revocation.

D. A petitioner for reinstatement shall comply with all reasonable

requests for information by the Board.

E. The decision of the Board on whether to grant to deny the

petition for reinstatement is a discretionary decision by the Board.

F. If the Board denies a petition for reinstatement, the Board may

set conditions precedent and a time period for further petitions for

reinstatement.

G. If the Board grants reinstatement, the Board may impose

probationary conditions and restrictions along with the

reinstatement.


1513


.24 Fines.

A. This chapter establishes the standards by which the Board may

impose a fine not exceeding:

(1) $1,000 for a first offense; or

(2) $5,000 for any subsequent violation of the same provision.

B. After a hearing under Health Occupations Article, §9-314,

Annotated Code of Maryland, and COMAR 10.33.01.15, the Board

may impose a fine, in addition to, or instead of:

(1) Reprimanding a licensee;

(2) Placing a licensee on probation; or

(3) Suspending or revoking a license.

C. In determining whether to impose a fine and the amount of the

fine, the Board shall consider the following factors:

(1) The cost of investigating and prosecuting the case against

the individual;

(2) The extent of actual or potential public harm caused by the

violation;

(3) The extent to which the individual derived a financial

benefit from the violation;

(4) The history of a previous violation or violations;

(5) The willfulness of the improper conduct; and

(6) Mitigating factors as presented by the licensee.

D. An individual shall pay the fine to the Board under the terms of

the Board’s order.

E. The Board shall pay all money collected under this chapter to

the General Fund of the State.

F. Unless the Board’s order provides otherwise, if an individual

fails to pay in whole or in part a fine imposed by the Board, the

Board may not restore, reinstate, or renew the license of the

individual until the individual pays the fine in full.

G. The Board may refer all cases of delinquent payment to the

Central Collection Unit of the Department of Budget and

Management to institute and maintain proceedings and ensure

prompt payment.



Subtitle 36 BOARD OF EXAMINERS

OF PSYCHOLOGISTS

10.36.08 Disciplinary Sanctions and Monetary

Penalties

Authority: Health Occupations Article, §§1-606, 18-313, and 18-313.1, Annotated Code of Maryland


[11-326-P]

The Secretary of Health and Mental Hygiene proposes to repeal

existing Regulations .01—.06 and adopt new Regulations .01—.06 under

COMAR 10.36.08 Disciplinary Sanctions and Monetary Penalties.

This action was considered at a public meeting on September 9, 2011,

notice of which was given on the Board of Examiners of Psychologists‘

website, http://www.dhmh.state.md.us/psych/index.html, since January 1,

2011, pursuant to State Government Article, §10-506(c)(1), Annotated

Code of Maryland.


The purpose of this action is to establish sanctioning guidelines for

disciplining a licensee for a violation of COMAR 10.36 or of the

Maryland Psychologists Act.







businesses.





Regulation and Policy Coordination, Department of Health and





not been scheduled.

.01 Scope.

This chapter establishes standards for the imposition of sanctions

and monetary penalties for violations of the Maryland Psychologists

Act.

.02 Definitions.

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

indicated.

B. Terms Defined.

(1) ―Board‖ means the State Board of Examiners of

Psychologists.

(2) ―License‖ means a license issued by the Board to practice

psychology.

(3) ―Licensee‖ means a psychologist who is licensed by the

Board to practice psychology.

(4) ―Penalty‖ means monetary penalty.

(5) ―Sanction‖ means a formal disciplinary action against a

license such as a reprimand, probation, suspension, or revocation.

.03 Imposition of a Penalty After a Hearing.

If the Board finds that there are grounds under Health

Occupations Article, §18-313, Annotated Code of Maryland, to

suspend or revoke a license or to reprimand a licensee, the Board

may impose a penalty as set forth in this chapter:

A. Instead of suspending the license; or

B. In addition to suspending or revoking the license.


1514


.04 Guidelines for Disciplinary Sanctions and Imposition of Penalties.

A. Subject to the provisions of this chapter, the Board may impose sanctions and penalties for violations of the Maryland Psychologists Act

and its regulations according to the guidelines set forth in the following categories:

Violation Minimum Sanction Maximum Sanction Minimum Penalty Maximum Penalty

(1) Assessment violation Reprimand Probation for 1 year N/A N/A

(2) Violation of child custody

evaluation standards

Reprimand Active suspension for 2 years $100 $5,000

(3) Criminally convicted of, or

pled guilty to, a felony or

crime of moral turpitude

Probation for 1 year Denial of license application

or revocation

$100 $10,000

(4) Disclosure of confidential

information

Reprimand Revocation N/A N/A

(5) Engaging in dual

relationships

Reprimand Active suspension for 1 year $500 $5,000

(6) Exploitation or undue

influence of a client

Active suspension for 1 year Revocation $1,000 $10,000

(7) Submitting a false statement

to collect a fee

Probation for 1 year Revocation $5,000 $10,000

(8) Fraudulently or deceptively

obtaining, attempting to

obtain, or using a license

Active suspension for 90 days Denial of license application

or revocation

$1,000 $10,000

(9) Willfully making or filing a

false report or record in the

practice of psychology

Active suspension for 90 days Denial of license application

or revocation

$1,000 $10,000

(10) Professional incompetence Reprimand Revocation $1,000 $10,000

(11) Physical or mental

incompetence

Probation for 1 year Denial of license application

or revocation

N/A N/A

(12) Improper termination of

services

Reprimand Active suspension for 1 year N/A N/A

(13) Misrepresentation of services

or fees

Reprimand Active suspension for 1 year $500 $5,000

(14) Plagiarism Reprimand Probation for 2 years $500 $5,000

(15) Reciprocal discipline Reprimand Denial of license application

or revocation

$100 $10,000

(16) Record-keeping violation Reprimand Probation for 2 years N/A N/A

(17) Sexual misconduct Active suspension for 2 years Denial of license application

or revocation for 10 years

$5,000 $10,000

(18) Standard of practice violation

not specifically enumerated in

this chapter

Reprimand Revocation $100 $10,000

(19) Supervision violation Reprimand Revocation $500 $5,000

(20) Violation of the Psychology

Associate requirements


(21) Aiding another to practice

without a license or

misrepresenting to the public

that a person is a licensed

psychologist

Reprimand Denial of license application

or revocation

$500 $5,000

(22) Willfully failing to file or

record any report as required

under law, willfully impeding

or obstructing the filing or

recording of the report, or

inducing another to fail to file

or record the report


(23) Failure to cooperate in a

Board investigation or comply

with a Board order


or revocation

$100 $10,000

(24) Failure to comply with

informed consent

requirements

Reprimand Probation for 2 years $100 $1,000


1515


(25) Violation of provisions

regarding duty to commit,

treat, or warn


(26) Discrimination Reprimand Probation for 2 years $100 $1,000

(27) Other violation of the Act not

specifically enumerated in this

chapter


or revocation

$100 $10,000

________________________________

B. If a licensee is found in violation of more than one category

enumerated in this regulation, the category or categories containing

the highest maximum sanction and penalty shall control.

C. Notwithstanding the guidelines set forth in this regulation, in

order to resolve a pending disciplinary action, the Board and

licensee may agree to a surrender of license or a consent order with

terms, sanction, and penalty agreed to by the Board and the licensee.

D. A departure from the guidelines set forth in this regulation

alone is not grounds for any hearing or appeal of a Board action.

.05 Mitigating and Aggravating Factors to Be Considered in the

Assessment of the Sanction.

A. Depending on the facts and circumstances of each case, and to

the extent that they apply, the Board may consider the following

mitigating and aggravating factors in determining whether the

sanction in a particular case should fall outside the range of

sanctions established by the guidelines. These factors may include,

but are not limited to, the following:

(1) Mitigating Factors:

(a) The licensee’s lack of a prior disciplinary record;

(b) The licensee self-reported the violation to the Board;

(c) The licensee’s full and voluntary admissions of

misconduct to the Board and cooperation during Board proceedings;

(d) Implementation of remedial measures to correct or

mitigate harm arising from the misconduct;

(e) Timely good-faith effort to make restitution or to rectify

consequences of misconduct;

(f) Evidence of rehabilitation or rehabilitative potential;

(g) Absence of premeditation to commit the misconduct;

(h) Absence of potential harm to public or adverse impact;

and

(i) The licensee’s conduct was an isolated incident and not

likely to recur; and

(2) Aggravating Factors:

(a) The licensee has a previous criminal or administrative

disciplinary history;

(b) The violation was committed deliberately or with gross

negligence or recklessness;

(c) The violation had the potential for, or caused, serious

patient or public harm;

(d) The violation was part of a pattern of detrimental

conduct;

(e) The licensee was motivated to perform the violation for

financial gain;

(f) The vulnerability of the patient or patients;

(g) The licensee lacked insight into the wrongfulness of the

conduct;

(h) The licensee committed the violation under the guise of

treatment; and

(i) Previous attempts at rehabilitation of the licensee were

unsuccessful.

B. The existence of one or more of these factors does not impose

on the Board or an Administrative Law Judge any requirement to

articulate its reasoning for not exercising its discretion to impose a

sanction outside of the range of sanctions set forth in this chapter.

C. Nothing in this regulation requires the Board or an

Administrative Law Judge to make findings of fact with respect to any

of these factors.

.06 Payment of a Penalty.

A. A licensee shall pay to the Board a penalty imposed under this

chapter as of the date the Board’s order is issued, unless the Board’s

order specifies otherwise.

B. Filing an appeal under State Government Article, §10-222,

Annotated Code of Maryland, or Health Occupations Article, §18-

316, Annotated Code of Maryland, does not automatically stay

payment of a penalty imposed by the Board under this chapter.

C. If a licensee fails to pay, in whole or in part, a penalty imposed

by the Board under this chapter, the Board may not restore, reinstate,

or renew a license until the penalty has been paid in full.

D. In its discretion, the Board may refer all cases of delinquent

payment to the Central Collection Unit of the Department of Budget

and Management to institute and maintain proceedings to ensure

prompt payment.

E. The Board shall pay all monies collected under this chapter

into the State’s General Fund.



Subtitle 54 SPECIAL SUPPLEMENTAL

NUTRITION PROGRAM FOR

WOMEN, INFANTS, AND

CHILDREN (WIC)


[11-325-P]

The Secretary of Health and Mental Hygiene proposes to:

(1) Amend Regulations .03, .04, and .07 under COMAR

10.54.01 Eligibility, Participation, and Benefits; and

(2) Repeal existing Regulation .09, adopt new Regulation .09,

and amend Regulations .10 and .14 under COMAR 10.54.02 Local

Agency.


The purpose of this action is to amend Maryland‘s WIC

regulations to conform with the federal WIC regulations under 7 CFR

§246. The revisions include:

(1) Adding electronic benefits transfer (EBT) cards to the

definition of food instruments to be used for the purchase of WIC

authorized food (7 CFR §246.2);

(2) Adding types of payments that are excluded from

determination of income by federal legislative prohibition (7 CFR

246.7);

(3) Altering the definitions of participation data, nutrition

education, and nutritional risk (7 CFR §246.2);


1516


(4) Shortening the period of time allowed for an individual to

provide income documentation (USDA Public Law 105-336, USDA

guideline Supplemental Foods Program (SFP) 99-078);

(5) Removing certain restrictions on costs for local agencies (7

CFR §246.14);

(6) Eliminating an allowance for a local agency to request an

exemption for not meeting spending requirements for nutrition

education (7 CFR §246.14); and

(7) Changing requirements for expenditure reports to a lower

frequency, and to be due within a shorter period of time from the end

of the quarter being reported (7 CFR §246.16(d)).


There is a corresponding federal standard to this proposed action,

but the proposed action is not more restrictive or stringent.





businesses.





Regulation and Policy Coordination, Department of Health and





not been scheduled.

10.54.01 Eligibility, Participation, and Benefits

Authority: Health-General Article, §18-107(a), Annotated Code of Maryland

.03 Incorporations by Reference.

In this chapter, the following are incorporated by reference:

A. 42 U.S.C. §1786, as amended;

B. 7 CFR 246 [(2001)], as amended; and

C. 7 CFR 15, 15a, and 15b [(1995)], as amended.

.04 Definitions.

A. (text unchanged)

B. Terms Defined.


(16) ―Food instrument‖ means a voucher, check, electronic

benefits transfer (EBT) card, coupon, or other document that is used

by a participant to obtain supplemental foods.


(18) Income.

(a)—(b) (text unchanged)

(c) ―Income‖ does not include payments or benefits

excluded [by federal legislative prohibition including, but not limited

to:

(i) Reimbursements from the Uniform Relocation

Assistance and Real Property Acquisition Policies Act of 1970 (42

U.S.C. §4636);

(ii) Payment to volunteers under Title I (VISTA and

others) and Title II (RSVP, foster grandparents, and others) of the

Domestic Volunteer Service Act of 1973 (42 U.S.C. §5044(g)) to the

extent excluded by that Act;

(iii) Payment to volunteers under §8(b)(1)(B) of the

Small Business Act (SCORE and ACE) (15 U.S.C. §637(b)(1)(D));

(iv) Income derived from certain submarginal land of the

United States that is held in trust for certain Indian tribes, pursuant to

25 U.S.C. §459(e);

(v) Payments received under the Job Training Partnership

Act, (29 U.S.C. §1552(b));

(vi) Income derived from the disposition of funds to the

Grand River Band of Ottawa Indians, pursuant to Public Law 94-540,

§6;

(vii) Payments received under the Alaska Native Claims

Settlement Act (43 U.S.C. §1626(c));

(viii) The value of assistance to a child or the child‘s

family under the National School Lunch Act (42 U.S.C. §1760(e)),

the Child Nutrition Act of 1966 (42 U.S.C. §1780(b)), and the Food

Stamp Act of 1977 (7 U.S.C. §2017(b));

(ix) Payments by the Indian Claims Commission to the

Confederated Tribes and Bands of the Yakima Indian Nation or the

Apache Tribe of the Mescalero Reservation pursuant to 25 U.S.C.

§609c-1;

(x) Payments to the Passomaquoddy Tribe and the

Penobscot Nation or any of their members, received pursuant to the

Maine Indian Claims Settlement Act of 1980 (25 U.S.C. §§1725(i)

and 1728(c));

(xi) Payments under the Low-Income Home Energy

Assistance Act (42 U.S.C. §8624(f));

(xii) Student financial assistance received from a program

funded in whole or part under Title IV of the Higher Education Act

of 1965, which is used for costs described in §472(1) and (2) of that

Act (20 U.S.C. §1087uu), including the Pell Grant, Supplemental

Educational Opportunity Grant, State Student Incentive Grants,

National Direct Student Loan, PLUS, College Work Study, and Byrd

Honor Scholarship programs;

(xiii) Payments under the Disaster Relief Act of 1974, as

amended by the Disaster Relief and Emergency Assistance

Amendments of 1989 (42 U.S.C. §5155(d));

(xiv) Payments received under the Carl D. Perkins

Vocational Education Act, as amended by the Carl D. Perkins

Vocational and Applied Technology Education Act Amendments of

1990 (20 U.S.C. §2466(d));

(xv) Payments pursuant to the Agent Orange

Compensation Exclusion Act (Public Law 101-201, §1);

(xvi) Payments received for Wartime Relocation of

Civilians under the Civil Liberties Act of 1988 (50 U.S.C. app.

§1989b4(f)(2));

(xvii) The value of child care payments made under

§402(g)(1)(E) of the Social Security Act, as amended by the Family

Support Act (42 U.S.C. §602(g)(1)(E));

(xviii) The value of ―at-risk‖ block grant child care

payments made under §5081 of Public Law 101-508, which amended

§402(i) of the Social Security Act;

(xix) The value of child care provided or paid for under

the Child Care and Development Block Grant Act, 42 U.S.C.

§9858(q);

(xx) Mandatory salary reduction amount for military

service personnel that is used to fund the Veterans‘ Educational

Assistance Act of 1984 (GI Bill), as amended (38 U.S.C. §1411(b));

(xxi) Payments received under the Old Age Assistance

Claims Settlement Act, except for per capita shares in excess of

$2,000 (25 U.S.C. §2307);

(xxii) Payments received under the Cranston-Gonzales

National Affordable Housing Act, unless the income of the family

equals or exceeds 80 percent of the median income of the area (42

U.S.C. §1437f nt);

(xxiii) Payments received under the Housing and

Community Development Act of 1987, unless the income of the


1517


family increases at any time to not less than 50 percent of the median

income of the area (25 U.S.C. §2307);

(xxiv) Payments received under the Sac and Fox Indian

Claims Agreement pursuant to Public Law 94-189, §6;

(xxv) Payments received under the Judgment Award

Authorization Act, as amended (25 U.S.C. §1407 and 25 U.S.C.

§117b(b));

(xxvi) Payments for relocation assistance of members of

Navajo and Hopi Tribes, pursuant to 22 U.S.C. §640d-21;

(xxvii) Payments to the Turtle Mountain Band of

Chippewas, Arizona, pursuant to Public Law 97-403, §9;

(xxviii) Payments to the Blackfeet, Grosventre, and

Assiniboine Tribes (Montana) and the Papago (Arizona), pursuant to

Public Law 97-408, §8(d);

(xxix) Payments to the Assiniboine Tribe of the Fort

Belknap Indian community and the Assiniboine Tribe of the Fort

Peck Indian Reservation (Montana), pursuant to Public Law 98-124,

§5;

(xxx) Payments to the Red Lake Band of Chippewas,

pursuant to Public Law 98-123, §3;

(xxxi) Payments received under the Saginaw Chippewa

Indian Tribe of Michigan Distribution of Judgment Funds Act (Public

Law 99-346, §6(b)(2)); and

(xxxii) Payments to the Chippewas of Mississippi,

pursuant to Public Law 99-377, §4(b)] under 7 CFR §246.7(d)(2)(iv).


(23) ―Nutritional risk‖ means:

(a)—(b) (text unchanged)

(c) Dietary deficiencies that impair or endanger health; [or]

(d) Conditions that directly affect the nutritional health of

an individual, including alcoholism or drug abuse; or

[(d)] (e) Conditions that [directly affect nutritional health of

an individual,] predispose individuals to inadequate nutritional

patterns or nutritionally related medical conditions, including[,] but

not limited to [, alcoholism, drug abuse,] homelessness[, or] and

migrancy.

(24) ―Nutrition education‖ means individual or group education

sessions and the provision of information and educational materials

designed to improve health status, achieve positive change in dietary

and physical activity habits, and emphasize relationships between

nutrition, physical activity, and health, all in keeping with the

individual‘s personal[,] and cultural[, and socioeconomic]

preferences.


(28) ―Participation data‖ means information concerning the

number of [individuals]:

(a) Individuals who received supplemental foods or food

instruments during a reporting period[,and the number of infants];

(b) Infants who received no supplemental foods or food

instruments during a reporting period, but who were breastfed by

participant breastfeeding women; and

(c) Breastfeeding women who did not receive supplemental

foods or food instruments but whose infant received supplemental

foods or food instruments during the reporting period.


.07 Income Eligibility Determination Process.

A.—D. (text unchanged)

E. Documentation of Income.


(4) A local agency shall deny Program participation to an

applicant who fails to provide income documentation within [60] 30

days of the date that the individual applied for Program benefits.

10.54.02 Local Agency

Authority: Health-General Article, §§18-107(a) and 18-108, Annotated Code

of Maryland

.09 Program Costs — General.

A local agency may have the following administrative and

program services costs:

A. Direct costs, as allowed under 7 CFR Part 3016, which are

identifiable costs incurred exclusively for the purpose of the

Program; and

B. Indirect costs, as allowed by 7 CFR Part 3016, which are those

costs incurred for a common purpose benefitting more than one

program.

.10 Allowable Administrative and Program Service Costs.

A. Expenditures for Nutrition Education.

(1) During each federal fiscal year, a local agency shall use for

nutrition education an amount equal to at least 20 percent of the

administrative award set forth in §B of this regulation.

[(2) A local agency may request prior written permission from

the State agency to spend less than 20 percent of the administrative

and program services expenditures on nutrition education if the local

agency can document that a total of funds from other sources and

program funds will be expended for nutrition education at an amount

equal to 20 percent of the administrative and program services

expenditures.]

[(3)] (2)—[(4)] (3) (text unchanged)

B.—D. (text unchanged)

.14 Records and Reports.

A. A local agency shall:


(5) Submit a [monthly] quarterly expenditure report on a form

specified by the Department within [50] 30 days after the end of the

[month] quarter being reported;

(6) Ensure that, for the purposes of an audit, the [monthly]

quarterly expenditure report is documented so that it can be traced to

its source; and

(7) Designate a person who shall certify the [monthly]

quarterly expenditure report as to its completeness and accuracy.

B.—D. (text unchanged)




1518


Title 12

DEPARTMENT OF PUBLIC

SAFETY AND


Subtitle 12 PATUXENT INSTITUTION

12.12.30 Inmate Discipline

Authority: Correctional Services Article, §4-208, Annotated Code of

Maryland


[11-329-P]

The Secretary of Public Safety and Correctional Services proposes

to repeal existing Regulations .02—.09, .12, .13, .16, .18, .19, .26,

.31, .35, and .36, adopt new Regulations .02—.09, .12, .13, .16, .18,

.19, .26, .31, .35, and .36, and amend Regulations .15, .17, .20—.25,

.27, .30, .32, .33, .34, .37, and .39 under COMAR 12.12.30 Inmate

Discipline.


The purpose of this action is to update current regulations to align

with procedures followed by the Patuxent Institution.







businesses.




Comments may be sent to Kristina Donnelly, Administrator,

Patuxent Institution, 7555 Waterloo Road Jessup, MD 20794, or call

410-799-3314. Comments will be accepted through December 28,

2011. A public hearing has not been scheduled.

.02 Definitions.

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

indicated.

B. Terms Defined.

(1)‖Assault‖ means an unlawful or impermissible threat or

attempt to do bodily injury to another.

(2) ―Assigned area‖ means a location where an inmate is

authorized and permitted.

(3) ―Battery‖ means the unlawful or impermissible touching or

striking of an individual by another with or without consent.

(4) ―Business day‖ means a day of the week excluding

Saturday, Sunday, State Holiday, or day on which the Division of

Correction’s administrative offices are closed.

(5) ―Calendar day‖ means a day of a week.

(6) ―Category of Rule Violation‖ means inmate rule violations

grouped according to the severity of the offense.

(7) ―CMHC-J‖ means the Correctional Mental Health

Center—Jessup.

(8) ―Competent‖ means, when used in reference to a defendant

inmate, the inmate is able to:

(a) Appreciate and understand the alleged rule violation;

and

(b) Participate in a disciplinary hearing.

(9) ―Controlled dangerous substance (CDS)‖ means:

(a) A substance listed in schedules I through V as defined in

Criminal Law Article, §§ 5-101(f) and 5-401 through 5-406,

Annotated Code of Maryland; or

(b) Other substance not identified in the Annotated Code of

Maryland that has psychotropic or hallucinogenic properties.

(10) ―Cumulative witness‖ means an individual who can only

testify to facts already in the record of a hearing.

(11) ―Department‖ means the Department of Public Safety and

Correctional Services.

(12) ―Disrespect‖ means an act of insolence that is arrogant,

presumptuous, impudent, or insulting in manner, or demonstrates a

lack of respect, directly or indirectly, toward another individual.

(13) ―Disruptive act‖ means an act that may disturb the peace,

prevent the orderly operation, or interfere with or threaten the

security of a facility or the community.

(14) Escape means:

(a) The unlawful or unauthorized absence or departure from

a facility or the grounds of a facility by an inmate;

(b) The unlawful or unauthorized absence or departure from

an assigned area by an inmate while in the community;

(c) The unlawful or unauthorized failure to follow or

departure from the staff itinerary for travel or movement by an

inmate while in the community; or

(d) Failure by an inmate to return at a specified time to a

place of assignment, custody, or confinement.

(15) ―Facility representative‖ means a staff member

designated by the warden, or a designee, to represent the interests of

the facility at a preliminary review or hearing.

(16) ―Fraud or misrepresentation‖ means an intentionally

false, misleading, or deceptive act or expression or omission.

(17) ―Hearing‖ means a facility inmate disciplinary

administrative proceeding.

(18) ―Hearing officer‖ means an impartial, non-advocate, fact-

finder who presides over a hearing.

(19) ―Hostage‖ means an individual whose freedom of

movement is restricted without authority or justification.

(20) ―Indecent exposure‖ means the willful display of the

genitals, buttocks, or female breast to another individual as an act of

disrespect, vulgarity, or sexual gratification.

(21) ―Informal resolution‖ means the informal process, when

there is evidence a rule violation has occurred, by which facility staff

or a hearing officer and a defendant inmate reach an agreement to

resolve the inmate’s rule violation charged by either an:

(a) ―Informal disposition‖ where by the inmate has:

(i) Waived a hearing and hearing rights for the rule

violation charged;

(ii) Agreed to accept a sanction in accordance with the

procedures of Regulation .39 of this chapter; and

(iii) Agreed to the placement of the inmate’s Notice of

Inmate Rule Violation and Disciplinary Hearing form as informal

disposition in the inmate’s case record file, or

(b) ―Incident report‖ whereby the inmate has:

(i) Waived a hearing and hearing rights for the rule

violation charged;

(ii) Agreed that no sanction will be imposed for the rule

violation charged; and

(iii) Agreed to placement of the inmate’s Notice of Inmate

Rule Violation and Disciplinary Hearing form as an incident report

in the inmate’s case record file.


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(22) ―Inmate‖ means an individual who is under commitment

to the Director, the federal government, a local government, a

municipality, or another state government and is housed in or

otherwise in the actual or constructive custody of the Department or

Patuxent Institution.

(23) ―Inmate representative‖ means a staff member or inmate

permitted in accordance with the procedures of this chapter to

represent a defendant inmate during a hearing.

(24) ―May not‖ means an absolute prohibition.

(25) ―Order‖ means a command, direction, or instruction

given by staff to an inmate that is consistent with the policies of the

Department and Patuxent Institution.

(26) ―Psychiatry staff‖ means a physician who has been issued

a license to practice medicine by the Maryland Board of Physician

Quality Assurance and who has successfully completed an accredited

4 year residency in psychiatry.

(27) ―Psychology staff‖ means a clinician holding a current

license as a psychologist issued by the Maryland Board of Examiners

of Psychologists or approved by the Maryland Board of Examiners of

Psychologists as a psychology associate.

(28) ―Plea agreement‖ means a settlement arrangement

between the defendant inmate and facility representative for a rule

violation charged, which implementation is subject to the discretion

of the hearing officer.

(29) ―Preliminary review‖ means an initial appearance by a

defendant inmate before the hearing officer for the purpose of

reviewing the Notice of Inmate Rule Violation and Disciplinary

Hearing form.

(30) ―Restitution‖ means payment for documented, reasonable

expenses associated with fraud, misrepresentation, or false

information; or an illegal, unauthorized, or unreasonable expense

incurred to the State; or the repair or replacement of altered,

damaged, destroyed, stolen, or missing property, tools, or equipment.

(31) ―Sanitation assignment‖ means an inmate job assignment

imposed as a sanction for which neither work credits nor pay is

awarded to the defendant inmate.

(32) ―Sexual act‖ means two or more individuals involved in

an act for sexual arousal or gratification.

(33) ―Staff‖ means a permanent, contractual, or temporary

employee or other individual under contract or agreement providing

goods or services to the Department or an agency, facility, or inmate.

(34) ―Special needs inmate‖ means a defendant inmate whose

ability to participate in a preliminary review or hearing is affected by

illiteracy or a mental health, speech, hearing, or language condition.

(35) ―Telecommunication device‖ means:

(a) A device that is able to transmit telephonic, electrical,

digital, cellular, or radio communications;

(b) A part of a device that is able to transmit telephonic,

electrical, digital, cellular, or radio communications, regardless of

whether the part itself is able to transmit such communication; or

(c) An item including, but not limited to a:

(i) Cellular telephone;

(ii) Digital telephone;

(iii) Picture telephone;

(iv) Modem equipped device; and

(v) Component of or accessory for the items under

§B(33)(c) of this regulation, such as a SIM card, Bluetooth

equipment, charger, earpiece, or carrying case.

(36) Unauthorized Financial Account.

(a) ―Unauthorized financial account‖ means a financial,

account other than a spending account or reserve account

maintained under Correctional Services Article, §3-609, Annotated

Code of Maryland or a bank savings account.

(b) ―Unauthorized financial account‖ includes, but may not

be limited to the following:

(i) Checking account;

(ii) Credit card account;

(iii) Green Dot card;

(iv) Debit card account;

(v) Money order; and

(vi) Gift card.

.03 Inmate Compliance Requirement and Sanction — General. A. An inmate who commits a rule violation under Regulation .04

of this chapter shall be subject to the inmate disciplinary process of

the Department or Patuxent Institution.

B An inmate shall comply with the rules of:

(1) The Department or Patuxent Institution;

(2) The facility to which the inmate is assigned; or

(3) A program to which the inmate is assigned.

C. The rules of conduct of the Department or Patuxent Institution

under Regulation .04 of this chapter shall apply to an inmate whether

the inmate is on the grounds of a facility, in the community, or

another location other than the facility or community.

D. Soliciting, conspiring to commit, attempting to commit, or

aiding in the commission of a rule violation shall:

(1) Constitute a commission of that rule violation; and

(2) Subject the defendant inmate to the prescribed sanctions for

that rule violation in accordance with the regulations of this chapter.

E. Sanctions.

(1) To maintain the orderly operation and security of a facility,

deter inmate misconduct, and avoid disparate sanctioning of an

inmate, the Department or Patuxent Institution shall establish under

this chapter specific penalties identified as sanctions to be imposed

for an inmate rule violation.

(2)Whenever an inmate is released from the custody of the

Department or Patuxent Institution, for example, due to a transfer to

another jurisdiction’s custody, mandatory release, detainer,

hospitalization, parole supervision, pending legal matter, or mental

health treatment and has a balance of disciplinary segregation

remaining to serve, the disciplinary segregation period shall:

(a) Be stayed upon the inmate’s release; and

(b) Resume upon the inmate’s return to a Department or

Patuxent Institution facility, irrespective of the reason for the return

to Department or Patuxent Institution custody including service of a

new sentence.

(3) Inmate sanctions include:

(a) Placement of an inmate on disciplinary segregation;

(b) Revocation of good conduct and special projects credit;

(c) Suspension of inmate privileges; or

(d) Restitution for lost, stolen, altered, damaged, or

destroyed property of the State, a person, or an entity.

.04 Inmate Rule Violation Summary.

A. Category of Inmate Rule Violations.

(1) The category for a rule violation is determined by the

severity of offense.

(2) The categories of rule violations are organized by the level

of severity as follows:

(a) Category I—most severe;

(b) Category II;

(c) Category III;

(d) Category IV; and

(e) Category V—least severe.

B. Category I Inmate Rule Violations. An inmate may not:

(1) 100 — Engage in a disruptive act;

(2) 101—Commit assault or battery on staff;

(3) 102—Commit assault or battery on an inmate;


1520


(4) 103 – Commit assault or battery on a person who is neither

staff or an inmate, be involved in any manner with taking a hostage,

or be involved in any manner with the willful killing of another

person;

(5) 104 — Use intimidating, coercive, or threatening language;

(6) 105 — Possess, use, or manufacture a weapon;

(7) 106 — Escape when assigned maximum or medium security

status;

(8) 107—Escape when assigned minimum security status;

(9) 108—Escape when assigned pre-release security status;

(10) 109—Escape while in the community;

(11) 110—Possess an implement or article that may be used in

an escape;

(12) 111—Possess or use an unauthorized medication, drug, or

substance identified as an intoxicant, excluding alcohol and a

controlled dangerous substance from this rule violation;

(13) 112—Possess or use a drug or controlled dangerous

substance;

(14) 113—Possess or use paraphernalia that may be for the use

of an intoxicant, drug, or controlled dangerous substance;

(15) 114—Possess a controlled dangerous substance,

intoxicant, drug, or alcohol in sufficient quantity or packaging

materials that suggests an intent to distribute or distribution;

(16) 115—Refuse or fail to provide a required volume of urine

necessary for urinalysis testing or provide a diluted or adulterated

urine sample;

(17) 116—Possess, misuse, tamper with, damage, or destroy

security equipment or property, detection equipment, or fire

suppression equipment or alarm;

(18) 117—In any manner, arrange, commit, perform, or engage

in a sexual act;

(19) 118—Make application for, obtain, possess articles or

materials for the use of, or use an unauthorized financial account;

possess currency in a facility where currency is not permitted; or

possess currency in an amount that is greater than fifty dollars in

excess of the authorized amount specified by the rules of a facility in

which an inmate is permitted to possess currency;

(20) 119—In any manner, commit, perform, or engage in an act

of indecent exposure or masturbation;

(21) 120—Disobey a specifically cited facility Category I rule

not listed in this regulation as a rule violation;

(22) 121—Possess tobacco in sufficient quantity or the

materials necessary for packaging tobacco, or other related products

that suggests an intent to distribute or distribution; or

(23) 122—Possess a telecommunication device, SIM card,

battery charger, carry case, or other device or article identified with

a telecommunication device.

C. Category II Inmate Rule Violations. An inmate may not:

(1) 200―Vacant;

(2) 201—Refuse to participate in or engage in behavior that

results in removal from the mandatory remediation Regimented

Offender Treatment Center program;


results in removal from the mandatory Residential Substance Abuse

Treatment Program;


results in removal from the mandatory education program;


results in removal from a mandatory remediation program not cited

in the rule violations of this regulation;

(6) 205—Refuse a required medical examination or test or

deoxyribonucleic acid (DNA) sampling collection; or

(7) 206—Disobey a specifically cited facility Category II rule

not listed in this regulation as a rule violation.

D. Category III Inmate Rule Violations. An inmate may not:

(1) 300—Administer or receive a tattoo or possess tattoo

paraphernalia;

(2) 301—Possess or use alcohol without authorization;

(3) 302—Possess equipment, material, or paraphernalia that

may be used for manufacturing alcohol;

(4) 303—Refuse to submit to alcohol detection testing;

(5) 304—Possess, use, hoard, or accumulate medication

without authorization;

(6) 305—Violate a law, statute, ordinance, or postal law;

(7) 306—Gamble or possess gambling paraphernalia;

(8) 307—Commit an act of extortion, bribery, or coercion;

(9) 308—Steal State property or possess State property

identified as stolen;

(10) 309—Steal the property of an individual or possess

property of an individual identified as stolen;

(11) 310—Violate a rule of a Department or Division of

Correction program or directive that is not listed as a rule violation

in this regulation;

(12) 311—Possess currency in an amount that is greater than

$20 but does not exceed $50 in excess of the authorized amount

specified by the rules of a facility in which an inmate is permitted to

possess currency;

(13) 312—Interfere with or resist the performance of staff

duties to include a search of a person, item, area, or location; or

(14) 313—Disobey a specifically cited facility Category III rule


E. Category IV Inmate Rule Violations. An inmate may not:

(1) 400—Disobey an order;

(2) 401—Refuse to work, carry out an assignment, or accept a

housing assignment;

(3) 402—Be in a location without authorization; leave an

assigned location without authorization; be absent from or late

reporting to an assigned location without authorization; loiter or

linger in a location without authorization; or refuse or fail to obey or

follow an order or a rule, policy, or procedure for inmate facility

movement or inmate travel outside of a facility;

(4) 403—Provide false information or alter, misrepresent, or

forge a document;

(5) 404—Possess currency in an amount that does not exceed

$20 in excess of the authorized amount specified by the rules of a

facility in which an inmate is permitted to possess currency;

(6) 405—Demonstrate disrespect or use vulgar language;

(7) 406—Possess or pass contraband;

(8) 407—Perform an unauthorized personal service or conduct

an unauthorized business;

(9) 408—Misuse, alter, tamper with, damage, or destroy State

property or property of another;

(10) 409—Use a telephone without authorization, make a

telephone call without authorization, call for a purpose not

authorized, or be involved with an unauthorized three way telephone

call;

(11) 410—Disobey a specifically cited facility Category IV rule

not listed in this regulation as a rule violation; or

(12) 411—Possess tobacco in a limited quantity that may

suggest personal use and there is no other evidence to suggest an

intent to distribute or distribution.

F. Category V Inmate Rule Violations. An inmate may not:

(1) 500—Fail to possess or properly display, as directed by the

rules of the facility, a required inmate identification badge;

(2) 501—Engage in reckless behavior or horseplay;

(3) 502—Fail to maintain:

(a) Personal cleanliness;

(b) The cleanliness of the facility and assigned housing

area; or


1521


(c) The cleanliness of an area outside the facility; or

(4) 503—Disobey a specifically cited facility Category V rule


G. The term ―disruptive act‖ under §B(1) of this regulation shall

include:

(1) Disorderly conduct;

(2) Language use that is disruptive or incendiary;

(3) An unauthorized gathering;

(4) A demonstration or disturbance;

(5) Misuse or damage of property during a disruptive act;

(6) Setting a fire; or

(7) Possessing or using an explosive or flammable device.

H. The term weapon under §B(6) of this regulation shall include:

(1) An instrument for offensive or defensive combat that may be

used in physically threatening, harming, or injuring an individual;

and

(2) An unauthorized material, substance, article, instrument, or

tool that may be manufactured into or used as a weapon regardless

of it being used for a purpose other than as a weapon or whether its

original character has been altered.

I. The term‖ threatening language‖ under §B(5) of this regulation

shall include:

(1) A use of language that implies intimidation, coercion, or a

threat of harm toward an individual or property;

(2) Regardless of the ability to carry out a threat; and

(3) May be conveyed:

(a) Verbally;

(b) In writing;

(c) By gesture;

(d) By drawing; or

(e) By display or projection of an image.

J. The term ―contraband‖ under §E(7) of this regulation shall

include property, an article, or a substance (other than a controlled

dangerous substance) that an inmate, by law or correctional policy

or procedure, is not permitted to possess, pass, or receive and that is: (1) Allowable property that requires registration to be in the

possession of an inmate;

(2) Otherwise allowable property or an authorized article in an

area where an inmate is not permitted to possess or use the

authorized article; or

(3) Allowable property that is identified as belonging to an

individual other than the inmate in possession of the property.

K. A charge of ―battery‖ under §B(2), (3) or (4) of this

regulation:

(1) May not be automatically excused by a claim of ―self-

defense‖; and

(2) A claim of ―self-defense‖ may be considered in the

disposition of a charge of battery.

L. Horseplay.

(1) The term ―horseplay‖ under §F(2) of this regulation shall

include unauthorized rowdy or rough:

(a) Consensual play;

(b) Amusement; or

(c) Recreation.

(2) A claim of the defense of ―horseplay‖ to a charge that

includes intentional physical contact between individuals may not be

considered under §F(2) of this regulation and shall be considered a

battery violation under §B(2)(3) or (4) of this regulation.

M. A charge of participation in a sex act under §B(18) of this

regulation may not be excused by a claim of ―consent‖.

N. A charge of refusal under §E(2) of this regulation may not be

excused by an unsubstantiated claim of ―danger‖ or‖ threat of

harm.‖

O. The language ―possess a telecommunication device‖ under

§B(23) of this regulation shall include an inmate who:

(1) Willfully poses for the taking of an unauthorized picture or

video recording by an individual using a telecommunication device

or camera; and

(2) Failed to report the taking of the picture or video recording

along with the name of the individual using the telecommunication

device or camera to staff.

.05 Prehearing Procedures ― Investigating and Reporting an

Inmate Rule Violation.

A. Investigation. When an event occurs causing staff to believe

that an inmate has committed an inmate rule violation under

Regulation .04 of this chapter, staff shall initiate an investigation

within one calendar day of the reported event to:

(1) Determine the facts and circumstances of the event;

(2) Identify the violator;

(3) Identify witnesses; and

(4) Preserve physical evidence.

B. Notice of Inmate Rule Violation and Disciplinary Hearing

Form.

(1) If there is evidence indicating that an inmate’s conduct

constitutes a rule violation, staff shall utilize the Notice of Inmate

Rule Violation and Disciplinary Hearing form to draft a rule

violation report and recommend the inmate rule violation to be

charged and shall include the:

(a) Date and time of the alleged violation;

(b) Location of the alleged violation;

(c) Identification of an inmate accused of committing a rule

violation;

(d) Facts of the alleged rule violation; and

(e)The inmate rule violation that the shift supervisor should

charge.

(2) The reporting staff member shall forward the Notice of

Inmate Rule Violation and Disciplinary Hearing form to a shift

supervisor for review.

C. Shift Supervisor Responsibilities. Upon receipt of a Notice of

Inmate Rule Violation and Disciplinary Hearing form reporting an

inmate rule violation, the shift supervisor shall:

(1) Indicate on the Notice of Inmate Rule Violation and

Disciplinary Hearing form if there was a use of force involved with

the reported event;

(2) Indicate on the Notice of Inmate Rule Violation and

Disciplinary Hearing form if there was a seizure of contraband

involved in the reported event;

(3) Review the Notice of Inmate Rule Violation and

Disciplinary Hearing form to determine if the case warrants:

(a) A hearing;

(b) Informal disposition; or

(c) Reducing the narrative to an incident report;

(4) If the decision is to conduct a hearing, indicate formal

hearing in the appropriate place on the Notice of Inmate Rule

Violation and Disciplinary Hearing form:

(a) The alleged rule violation; and

(b) If the alleged violator’s conduct constitutes a security

threat, a recommendation to the shift commander for placement on

administrative segregation;

(5) Upon completing the Notice of Inmate Rule Violation and

Disciplinary Hearing form, forward the completed Notice of Inmate

Rule Violation and Disciplinary Hearing form to the shift commander

and maintain possession of an attachment and other evidence that

staff may have submitted with the Notice of Inmate Rule Violation

and Disciplinary Hearing form.


1522


D. Shift Commander Responsibilities: Upon receipt of the Notice

of Inmate Rule Violation and Disciplinary Hearing form, the shift

commander shall:

(1) Review the Notice of Inmate Rule Violation and

Disciplinary Hearing form to determine if the alleged violator is a

threat to security;

(2) If the shift commander determines there is a security threat,

approve placement of the alleged violator on administrative

segregation status; and

(3) Complete the appropriate section of the Notice of Inmate

Rule Violation and Disciplinary Hearing form regarding the action

taken and forward the Notice of Inmate Rule Violation and

Disciplinary Hearing form to the shift supervisor.

E. Drafting and Serving a Corrected Notice of Inmate Rule

Violation and Disciplinary Hearing form.

(1) If staff determines that the Notice of Inmate Rule Violation

and Disciplinary Hearing form is technically in error or evidentially

insufficient after the defendant inmate has been served the Notice of

Inmate Rule Violation and Disciplinary Hearing form, staff shall:

(a) Draft a new Notice of Inmate Rule Violation and

Disciplinary Hearing form that may include the evidentiary

information, evidentiary corrections, additional evidentiary

information, or technical or formatting corrections; and

(b) After completion of the new Notice of Inmate Rule

Violation and Disciplinary Hearing form, serve the Notice of Inmate

Rule Violation and Disciplinary Hearing form on the defendant

inmate.

(2) For a minor correction due to an error (for example a name

or date or the absence of a signature or date) or new or additional

information, staff may rely on a correspondence addressed to the

defendant inmate explaining the correction or additional information.

(3) If a new Notice of Inmate Rule Violation and Disciplinary

Hearing form is drafted, staff shall, if applicable, include in the new

draft that it supersedes the previously served Notice of Inmate Rule

Violation and Disciplinary Hearing form regarding the reported

event and rule violation charged.

(4) Staff shall insure that a copy of the new Notice of Inmate

Rule Violation and Disciplinary Hearing form or correspondence is

present when the defendant inmate appears before the hearing

officer.

.07 Hearing Procedures — General.

A. [Due Process.] Waiver. Unless specified otherwise, a defendant

inmate who does not exercise, during the inmate disciplinary

process, a right provided by due process [is] or fails, at the

preliminary review of the inmate’s Notice of Inmate Rule Violation

and Disciplinary Hearing form, to raise a lack of compliance with a

time requirement or procedure of a regulation of this chapter or

Department or Patuxent Institution directive shall be considered to

have waived that right or the claim of a failure to comply with a time

requirement or procedure.

B. Authority of the Hearing Officer. The hearing officer [shall]

may:

(1) Weigh the evidence presented and make fact findings for an

inmate disciplinary case being heard;

(2) Not make a finding of law;

[(1)] (3) [Be the final arbiter for hearing proceedings, findings,

decisions, and sanctions] Make a determination regarding

compliance with a time requirement or procedure under this chapter

or a Patuxent Institution directive; and

[(2)] (4) [Decide] Determine whether the inmate has committed

the rule violation charged and the number [of], [the] period [of], and

[the] effective date of [any] sanctions to be imposed.

C. The hearing officer shall:

(1) Interpret policy and [procedures] procedure;

(2) — (4) (text unchanged)

D. Except where stated otherwise, a hearing officer:


(2) [May not discuss the merits of a pending case with another

non-specified individual without all hearing participants present] May

discuss a non-evidentiary matter without a hearing participant

present that may include:

(a) Security or safety;

(b) A plea agreement;

(c) An informal resolution;

(d) A postponement;

(e) A time requirement or procedure of a regulation under

this chapter or Department or Division of Correction directive; or

(f) Representation or witness request;

(3) May not discuss without all hearing participants present the

evidentiary merits of a pending case, unless otherwise specified in

§D(1) of this regulation; or

(4) May, in the presence of staff necessary for security and

safety and without an inmate, question or take testimony from a

witness or informant witness whose identity may not be revealed to

an inmate or review or examine security sensitive evidence that may

include a document, video record, or other record.

E. Testimony.


(2) The hearing officer shall use the following oath to swear in

[an individual providing testimony] a witness at a disciplinary

hearing: ―Do you solemnly promise and affirm under the penalties of

perjury that the testimony you are about to give at this disciplinary

hearing shall be the truth, the whole truth, and nothing but the truth?‖

(3) After the administration of the oath, the witness shall

provide an affirmative response before being permitted to testify.

F. Facility Representative.

(1) The warden, or a designee, shall determine [which cases

require a] if a pending disciplinary case requires facility

[representative] representation.


G. Witnesses.

(1) It shall be the responsibility of the defendant inmate or

facility representative, and not that of the hearing officer, to call a

requested witness as part of the case presentation during a hearing.

(2) A witness shall:

(a) Not be compelled to appear or give testimony at a

hearing;

(b) Be permitted to testify if that testimony is not a threat to

security or safety; and

(c) Provide testimony that is relevant, material, and non-

cumulative to a hearing.

(3) A witness may be questioned by the defendant inmate

representative, the defendant inmate in the absence of a

representative, or facility representative if the hearing officer

determines the question:

(a) Not to be disrespectful or offensive;

(b) Not to be a threat to security or safety;

(c) Not to be repetitive or cumulative; and

(d) To be relevant and material.

(4) The hearing officer may question a person giving testimony

at a hearing.

(5) The hearing officer may call a witness to testify or be

questioned regarding:

(a) An evidentiary matter;

(b) A fact in evidence; or

(c) A policy, procedure, or practice.

H. Facility Hearing Officer.

(1) The warden, or a designee, may designate facility staff to

act as a hearing officer.


1523


(2) A facility hearing officer conducting a hearing shall be

empowered with the duties and responsibilities of a hearing officer as

enumerated by this chapter.

(a) The facility hearing officer may conduct a hearing in the

absence of a hearing officer or when a hearing officer is conducting

facility hearings.

(b) The facility hearing officer shall conduct a hearing in

accordance with the procedures of this chapter.

I. Preliminary Review.

(1) An inmate shall appear before a hearing officer for a

preliminary review of the inmate’s Notice of Inmate Rule Violation

and Disciplinary Hearing form.

(2) A preliminary review shall be conducted before an

evidentiary hearing being held.

(3) Matters to be addressed at the preliminary review may

include, but are not limited to:

(a) A rule violation charged;

(b) Representation request;

(c) Witness request;

(d) Evidence request;

(e) Postponement request;

(f) A time requirement or procedure in accordance with a

regulation of this chapter or Department or Patuxent Institution

directive;

(g) An attachment to or other evidence submitted with the

Notice of Inmate Rule Violation and Disciplinary Hearing form;

(h) A plea agreement or informal resolution; and

(i) A plea by the defendant inmate to each rule violation

charged.

(4) At the conclusion of the preliminary review, the hearing

officer shall inquire of the hearing participants if the participants are

prepared to proceed with a hearing on the rule violation charged.

(a) If a hearing participant is not prepared to proceed, the

hearing officer shall provide the hearing participants an opportunity

to comment on the issue.

(b) The hearing officer shall determine the merits of a

hearing participant’s claim of not being prepared to proceed and

may postpone the case at the request of a participant.

(c) If the hearing officer does not find that a postponement

of the proceeding is warranted, the hearing officer shall proceed with

a hearing.

(d) If a hearing is postponed at the request of a participant,

facility staff shall reschedule the hearing for a date when

circumstances permit.

J. Plea Agreement.

(1) The facility representative may negotiate with the defendant

inmate a plea agreement for a rule violation charged.

(2) The facility representative or defendant inmate is not

obligated to offer or accept a plea agreement.

(3) The plea agreement shall be presented to the hearing

officer during the preliminary phase of a hearing.

(4) A hearing officer is not obligated to accept a plea or

sanction negotiated through a plea agreement.

(5) A plea agreement shall include:

(a) The waiver of a hearing and hearing rights by the

defendant inmate;

(b) A recommendation to the hearing officer regarding the

period and sanctions to be imposed;

(c) The hearing officer shall, before entering a guilty plea,

advise the defendant inmate that:

(i) The hearing officer is not obligated to accept the

sanction recommended under the plea agreement;

(ii) The hearing officer may increase the period of the

recommended sanction; or

(iii) The hearing officer and warden may impose an

additional sanction; and

(d) A voluntary plea of guilty is entered into the hearing

record by the defendant inmate to a rule violation charged.

(6) The hearing officer upon accepting a plea of guilty shall

determine a sanction to impose.

(7) In the absence of a plea agreement, the hearing officer

shall:

(a) Continue with the preliminary review; or

(b) Proceed to the evidentiary phase of the hearing if the

preliminary review has been completed.

K. Informal Resolution.

(1) A shift supervisor or hearing officer on review of a Notice

of Inmate Rule Violation and Disciplinary Hearing form may offer a

defendant inmate an informal resolution in lieu of a hearing for a

rule violation charged under Regulations .06 and .16 of this chapter.

(2)The offer to the defendant inmate of an informal resolution

may only be made when the offense charged is a:

(a) Category IV rule violation; or

(b) Category V rule violation.

(3) Upon discovery that an informal resolution action is not in

compliance with the procedures of this regulation, Regulation .06 or

.16 of this chapter, the warden, or a designee, may remand the matter

to a hearing officer for further action.

(4) The hearing officer upon receipt of a remanded informal

resolution action shall:

(a) Determine if there was an error in the informal

resolution action;

(b) Conduct a preliminary review and hearing of the rule

violation charged if finding an error in the informal resolution

process did occur; and

(c) If finding no error occurred affirm the informal

resolution action in a written decision.

L. Inmate Handcuffing.

(1) For the purposes of maintaining security, control, and

safety during a hearing, inmate hearing participants shall be

handcuffed.

(2) The defendant inmate shall be handcuffed from behind

unless prohibited by a documented medical reason.

(3) If security staff determines that security, control, and safety

permits or due to a documented medical reason, an inmate

representative or witness may be handcuffed from the front.

M. Forfeiture of Property.

(1) Unauthorized property, to include property whose

ownership cannot be determined, authorized property used for

unauthorized purposes, and unauthorized currency found in the

possession of an inmate, may be forfeited to the State.

(2) The policy and procedures of a facility, directive, or

regulation of the Department or Patuxent Institution shall determine

what property is unauthorized for an inmate to possess and may be

forfeited to the State.

(3) An inmate under the requirements of this chapter may not

possess currency in:

(a) A facility not permitting an inmate to possess currency;

(b) Excess of the amount of currency permitted by the rules

of a facility permitting an inmate to possess currency; or

(c) Violation of a policy, procedure, or directive or

regulation of the Department or Patuxent Institution.

(4) Unauthorized property in the possession of an inmate may

be referred for forfeiture and disposal by a facility through the

inmate disciplinary process as enumerated under this chapter.

(5) Forfeiture of property under the procedures of this chapter

is an administrative disposition by a hearing officer and may not be

imposed as a sanction.


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(6) A disciplinary hearing conducted under the procedures of

this chapter may authorize the forfeiture of property under the

following conditions:

(a) Facility staff shall provide to a defendant inmate, prior

to the inmate’s disciplinary hearing, required notice in a format

approved by the Department or Patuxent Institution advising the

defendant inmate that the property is:

(i) Confiscated; and

(ii) Recommended for forfeiture to the State.

(b) A hearing officer shall, during the defendant inmate’s

disciplinary hearing, where forfeiture of property has been requested

by a facility, advise the inmate of the forfeiture request and permit

the inmate the opportunity to address the matter of forfeiture.

(c) After making a decision regarding the defendant

inmate’s rule violations charged, the hearing officer shall advise the

inmate of the forfeiture disposition regarding the unauthorized

property and:

(i) If the hearing officer concludes the defendant inmate

possessed unauthorized property of value in violation of a policy or

procedure of a facility, directive, or regulation of the Department or

Patuxent Institution, the written record of the proceedings shall

include documentation of the property to be forfeited to the State for

the use of or sale by the State;

(ii) If the hearing officer concludes the defendant inmate

possessed unauthorized property of little or no value in violation of a

policy or procedure of a facility, directive, or regulation of the

Department or Patuxent Institution, the written record of the

proceedings shall include documentation of the property to be

forfeited to the State and referred to the facility for disposal of the

property under the facility’s procedures for the disposal of

unauthorized property; and

(iii) In the event a hearing officer finds a defendant

inmate not guilty or dismisses the charge and determines the inmate

is not permitted to possess the property or cannot determine

ownership of the property, the hearing officer shall forfeit the

property to the State as enumerated under §§M(6)(c)(i) and (ii) of

this regulation.

(7) Property Ownership.

(a) A hearing officer, before the conclusion of a disciplinary

hearing, shall make a determination of property ownership before

rendering a forfeiture disposition.

(b) When determining property ownership and potential

forfeiture of that property, a hearing officer shall consider if the

defendant inmate found in possession of the property can or cannot

prove ownership of the property.

(i) If the hearing officer can determine through the

evidence presented at the disciplinary hearing that the inmate had

authorized ownership of the property, but the property was being

used for an unauthorized purpose, the hearing officer shall forfeit the

property to the State as established under §§M(6)(c)(i) and (ii) of this

regulation.

(ii) If the hearing officer determines through the

evidence presented during the disciplinary hearing that the inmate

possessed unauthorized property and the rightful ownership of that

property cannot be determined, the hearing officer shall forfeit that

property to the State as established under §§M(6)(c)(i) and (ii) of this

regulation.

(iii) If the hearing officer is able to determine through

the evidence presented during the disciplinary hearing that the

property in the defendant inmate’s possession belonged to another

person without the authorization of that person, the hearing officer

shall make a disposition that the property be returned to the rightful

owner.

(iv) If the hearing officer is able to determine through the

evidence presented during the disciplinary hearing that the property

in the defendant inmate’s possession belonged to another person with

the permission of that person, the hearing officer shall refer the

property to the facility for investigation and appropriate action taken

against the person authorizing the defendant inmate to possess the

property and the property shall be forfeited to the State.

(c) Currency Ownership.

(i) If an inmate is found in possession of unauthorized

currency and no other individual can claim rightful ownership, the

hearing officer shall forfeit that currency to the State as established

under §§M(6)(c)(i) and (ii) of this regulation.

(ii) If an inmate is found in possession of unauthorized

currency and the hearing officer determines that the currency was the

property of an individual who did not authorize the defendant inmate

to possess the currency, the hearing officer shall make a disposition

that the currency is to be returned to the rightful owner.

(iii) If the hearing officer determines that the rightful

owner of the unauthorized currency found in the possession of the

defendant inmate knowingly transferred the currency to the defendant

inmate, the hearing officer shall refer the currency to the facility for

investigation and appropriate action to be taken against the

transferring individual and the currency shall be forfeited to the

State.

(8) A warden, or a designee, may not disturb a hearing

officer’s disposition regarding unauthorized property, but may

appeal that disposition to the Director, or a designee, to determine if

the disposition is in compliance with this regulation.

(9) An appeal under §M(7) of this regulation shall suspend the

property disposition until a decision is made by the Director, or a

designee, as to the propriety of the hearing officer’s decision

concerning forfeiture.

N. Security Sensitive Information.

(1) When preparing a disciplinary case based on a defendant

inmate’s conduct in an event, facility staff before providing

information to a defendant inmate through a Notice of Inmate Rule

Violation and Disciplinary Hearing form, record, report, document,

or other form of evidence, shall evaluate and determine if that

information is security sensitive.

(a) To determine if information is security sensitive, facility

staff shall consider the potential negative impact divulging the

information could have on facility security operations or intelligence

gathering, the Department or Patuxent Institution investigation

methods and techniques, public safety, or an individual providing the

information. When determining if information is security sensitive,

facility staff may consider that the information:

(i) Was provided by an inmate informant or individual

whose identity, if revealed, would be harmful to the safety or security

of that inmate or individual;

(ii) Reveals the method, technique, or factual detail of a

security or intelligence investigation;

(iii) Would reveal to the defendant inmate the method,

quality, and extent of coverage from facility security monitoring

equipment or systems;

(iv) Relates to or reveals facility security staffing plans,

emergency plans, or security operations; or

(v) Was obtained by a law enforcement agency, a State

or federal intelligence office or unit, or the Department’s Internal

Investigation Unit.

(b) If facility staff have a reasonable belief that releasing the

information arising from an investigation of a defendant inmate’s

conduct in an event would compromise facility security operations or

intelligence gathering, the Department or Patuxent Institution

investigation methods and techniques, public safety, or an individual

providing the information, facility staff shall present the information

to a shift supervisor for evaluation as to whether the information is

security sensitive.


1525


(c) A shift supervisor, notified under §N(1)(b) of this

regulation, shall:

(i) Evaluate the information in terms of being security

sensitive as provided under §N(1)(a) of this regulation;

(ii) If there is a reasonable belief that the information is

security sensitive, classify the information as security sensitive; and

(iii) Document the rationale for classifying the

information as security sensitive.

(d) Once a shift supervisor classifies information as being

security sensitive, facility staff may not provide a defendant inmate

with the information classified as security sensitive.

(2) Hearing Officer Review.

(a) A hearing officer shall review information classified as

security sensitive under §N(1) of this regulation.

(b) The hearing officer shall determine if the classification of

the information as security sensitive is in accordance with the

requirements of this regulation.

(i) If the hearing officer determines that the information

has been properly classified as security sensitive, the hearing officer

shall inform the defendant inmate that the information is security

sensitive and is not available to the defendant inmate as enumerated

under the procedures of Regulation .26 of this chapter.

(ii) If raised by the defendant inmate, the hearing officer

shall provide the hearing participants the opportunity to address the

merits of the classification of the information as security sensitive.

(iii) After discussing a security sensitive classification of

information under §N(2)(b)(ii) of this regulation, the hearing officer

shall advise the hearing participants as to a decision regarding the

merits of the classification of the information as being security

sensitive.

(c) A hearing officer may not reveal information deemed

classified as security sensitive under the provisions of this regulation.

(d) If a hearing officer does not determine that the

information is security sensitive, the hearing officer shall:

(i) Postpone the defendant inmate’s disciplinary hearing;

(ii) Refer the information classified as security sensitive

by the shift supervisor to the Director, or a designee, through the

facility representative or hearing coordinator for a review as to

whether or not the information is security sensitive; and

(iii) Provide the Director, or a designee, a written

explanation as to the reasons the hearing officer did not determine

the information is security sensitive.

(e) A postponement of the defendant inmate’s disciplinary

hearing for the review by the Director, or a designee, is good cause

for the delay of the defendant inmate’s disciplinary hearing.

(f) Once a decision by the Director, or designee, regarding the

classification of the information as security sensitive has been

received by the facility, the defendant inmate’s disciplinary hearing

shall be rescheduled.

(g) When the defendant inmate’s disciplinary hearing resumes, the

facility representative or hearing coordinator shall provide a hearing

officer the Director’s, or a designee’s, decision as to the

classification of the information as security sensitive.

(h) If the Director or a designee determines the information not to

be security sensitive, the hearing officer shall upon the defendant

inmate’s appearance before the hearing officer present that

information to the inmate as enumerated under the procedures of

Regulation .24 of this chapter.

(3) Presentation of Security Sensitive Information at a Hearing.

(a) The hearing officer shall inform a defendant inmate of

the presence of security sensitive information at a hearing. The

hearing officer may:

(i) Not provide detail regarding investigation methods or

techniques used to obtain the security sensitive information, the

specific content of security sensitive information, or from whom the

security sensitive information security sensitive was obtained; and

(ii) May summarize the content of the security sensitive

information that specifically constitutes the rule violation charged as

long as that summary does not compromise security or safety.

(b) The specific content and details of information obtained

through a facility security monitoring system may not be revealed to

a defendant inmate, however, the hearing officer may summarize for

the defendant inmate the security sensitive information that

specifically constitutes the rule violation charged as long as that

summary does not compromise security or safety.

(c) The hearing officer may provide a defendant inmate with

specific content information from a document the defendant inmate

authored.

(d) A hearing officer may not provide a defendant inmate

with information for review that constitutes security operations:

(i) Directive;

(ii) Policy;

(iii) Procedure;

(iv) Photographic record not classified for inmate

examination; or

(v) Other material, file, record, or document not

classified for inmate examination.

(e) A hearing officer may summarize for a defendant inmate

security operations material, file, record, or document not classified

for inmate examination that have been deemed relevant to the

outcome of a hearing as long as that summary does not reveal the

specific content of the security sensitive information under review.

(f) When a hearing officer is presented security sensitive

information obtained from a confidential informant, the hearing

officer shall ensure compliance with the procedures as enumerated

under Regulation .21 of this chapter.

(4) When issuing a written decision that includes security

sensitive information, a hearing officer shall summarize for the

record the security sensitive information relied on in the process of

rendering a decision and ensure that the summary does not reveal the

content of that security sensitive information.

(5) Post Hearing Procedures.

(a) A facility representative or hearing coordinator, at the

conclusion of a defendant inmate’s hearing, shall forward, with the

records of the defendant inmate’s hearing, evidence identified as

security sensitive to the facility warden for the warden’s, or a

designee’s, review of the hearing officer’s decision.

(b) The warden after the review of a defendant inmate’s

disciplinary case shall ensure that security sensitive information

presented at the defendant inmate’s disciplinary hearing is returned

to the facility staff responsible for the storage and preservation of the

information and not be placed in the defendant inmate’s case record

file.

(c) Security sensitive information presented at a defendant

inmate’s hearing shall be preserved by a facility.

.08 Prehearing Procedures — Facility Representative.

A. The facility representative assigned to an inmate rule violation

case as a hearing participant shall:

[A.] (1) Prepare the facility‘s case for presentation at the

hearing that may include, but is not limited to:

(a) Reviewing a facility disciplinary case for evidentiary

sufficiency;

(b) Correcting a technical, procedural, evidentiary, or

formatting error found in a Notice of Inmate Rule Violation and

Disciplinary Hearing form:

(i) The facility representative may consult with a shift

supervisor as to what action is required to correct the Notice of

Inmate Rule Violation and Disciplinary Hearing form or return the


1526


Notice of Inmate Rule Violation and Disciplinary Hearing form to a

shift supervisor for the purpose of the supervisor taking corrective

action; or

(ii) The facility representative may, without consultation

of a shift supervisor, take that action necessary to correct the Notice

of Inmate Rule Violation and Disciplinary Hearing form;

(c) Correcting or adding a rule violation charge to the

Notice of Inmate Rule Violation and Disciplinary Hearing form;

(d) Determining what questions to ask of a scheduled

witness who may appear and the arguments to make in support of the

facility case;

(e) Determining the need for a witness to be called in

support of the facility’s case; and

(f)Determining the need for evidence to be presented in

support of the facility’s case; and

(2) Ensure, upon the defendant inmate’s appearance before the

hearing officer, that the inmate has a copy of a Notice of Inmate Rule

Violation and Disciplinary Hearing form in which:

(a) A corrective action has occurred; or

(b) A rule violation charge has been corrected or added.

B. [If appropriate,] In addition, a facility representative may:

(1) [make] Make an offer to a defendant inmate of an informal

[disposition] resolution for the inmate’s rule violation charged; [and]

[C.] (2) [If authorized by the warden, or a designee, offer]

Make a plea agreement presentation, negotiated with the defendant

inmate, to the hearing officer [, in accord with the defendant inmate,

a] for a rule violation charged that includes a recommendation as to

the decision [resolution] and [sanctions] sanction for the rule

violation charged[.];

(3) Make the case presentation for the facility to the hearing

officer in support of the defendant inmate’s rule violation charged;

(4) Question a witness permitted to testify; and

(5) Appeal a hearing officer’s decision or sanction to the

warden if it is believed the action was in error.

.09 Prehearing Procedures — Service of Notice of Inmate Rule

Violation and Disciplinary Hearing Form.

A. When a shift supervisor refers a defendant inmate’s Notice of

Inmate Rule Violation and Disciplinary Hearing form for a hearing

or a defendant inmate has declined an offer of informal resolution in

lieu of a hearing, the shift supervisor shall:

(1) Direct staff to schedule the inmate for an appearance

before a hearing officer;

(2) Designate staff to serve the defendant inmate with a copy of

the Notice of Inmate Rule Violation and Disciplinary Hearing form;

(3) Inform the staff to only serve a copy of the Notice of Inmate

Rule Violation and Disciplinary Hearing form on the defendant

inmate; and

(4) Retain possession of an attachment to or other evidence

that may have been submitted by staff with the Notice of Inmate Rule

Violation and Disciplinary Hearing form which may include, but is

not limited to a:

(a) Report;

(b) Record;

(c) Form;

(d) Statement;

(e) Document; and

(f) Photograph.

B. At service of a copy of the Notice of Inmate Rule Violation and

Disciplinary Hearing form, staff may not permit the defendant inmate

an opportunity to review or receive a copy of an attachment or other

evidence that may by mistake have been forwarded with Notice of

Inmate Rule Violation and Disciplinary Hearing form.

C. Staff shall serve the Notice of Inmate Rule Violation and

Disciplinary Hearing form on the defendant inmate within one

business day after the date when the following events have concluded

in the specified order:

(1) The investigation of the reported event has been completed;

(2) The Notice of Inmate Rule Violation and Disciplinary

Hearing form has been completed; and

(3) The review of the Notice of Inmate Rule Violation and

Disciplinary Hearing form by a shift supervisor has been completed.

D. For the purposes of this chapter, the date of the shift

supervisor’s review when the rule violation to be charged is

determined shall be considered the date of the defendant inmate’s

rule violation.

E. Delay of Service.

(1) Good cause shall justify the delay of service by staff on a

defendant inmate.

(2) If a defendant inmate has escaped and subsequently

returned to custody of the Patuxent Institution, staff shall serve a

Notice of Inmate Rule Violation and Disciplinary Hearing form

within three business days of the inmate’s return to the facility.

(3) Unless the warden, or a designee, otherwise directs, staff

may not serve the Notice of Inmate Rule Violation and Disciplinary

Hearing form on a defendant inmate who is housed:

(a) As a patient in a community hospital; or

(b) In a facility medical infirmary.

(4) Staff shall serve a defendant inmate who has been released

from either a community hospital or facility medical infirmary with a

Notice of Inmate Rule Violation and Disciplinary Hearing form

within three business days of the inmate’s return to the inmate

population of the facility.

(5) Service shall be delayed on a defendant inmate who is

assigned to mental health housing and determined to be incompetent

by mental health staff.

(6) Service shall be rendered on a defendant inmate assigned to

mental health housing only when mental health staff have determined

the inmate to be competent.

(7) When good cause exists that delays service of the Notice of

Inmate Rule Violation and Disciplinary Hearing form within the time

requirement of this regulation, staff shall:

(a) Serve the Notice of Inmate Rule Violation and

Disciplinary Hearing form on the defendant inmate as soon as the

cause of delay no longer exists;

(b) Make a record of the cause that delayed service; and

(c) Inform the hearing officer of the cause if the delay is

raised by the defendant inmate at the preliminary review or hearing.

(8) The hearing officer shall determine during a preliminary

review whether there is good cause to justify a service delay of a

Notice of Inmate Rule Violation and Disciplinary Hearing form.

F. Staff serving the Notice of Inmate Rule Violation and

Disciplinary Hearing form, unless prevented by a security or safety

reason or a time constraint, shall:

(1) Inform the defendant inmate that staff are present to serve

the Notice of Inmate Rule Violation and Disciplinary Hearing form

and:

(a) Provide the inmate an opportunity to read the Notice of

Inmate Rule Violation and Disciplinary Hearing form;

(b) Advise the inmate of the opportunity to request

representation or a witness on the Notice of Inmate Rule Violation

and Disciplinary Hearing form;

(c) Advise the inmate of the opportunity to request evidence

on the Notice of Inmate Rule Violation and Disciplinary Hearing

form; and

(d) Provide the inmate an opportunity to sign for receipt of

the Notice of Inmate Rule Violation and Disciplinary Hearing form;

(2) Make a record of a cause that may prevent service of the

Notice of Inmate Rule Violation and Disciplinary Hearing form; and


1527


(3) Sign and date the record of service in the designated section

provided on the Notice of Inmate Rule Violation and Disciplinary

Hearing form for the name of the serving staff.

G. A defendant inmate when served with a Notice of Inmate Rule

Violation and Disciplinary Hearing form shall:

(1) Notify the serving staff if the defendant inmate is unable to

read or understand the document;

(2) If requesting representation for the hearing, list the

representative by name in the designated section of the Notice of

Inmate Rule Violation and Disciplinary Hearing form provided for

the name of a representative;

(3) If requesting a witness for the hearing, list the witness by

name in the designated section of the Notice of Inmate Rule Violation

and Disciplinary Hearing form provided for the name of a witness;

(4) If requesting evidence for the hearing, list the evidence by

name in the designated section of the Notice of Inmate Rule Violation

and Disciplinary Hearing form provided for the name of the

evidence;

(5) Sign and date for receipt of the inmate’s copy of the Notice

of Inmate Rule Violation and Disciplinary Hearing form in the

designated section provided for the inmate’s signature and date of

receipt; and

(6) Return the facility’s copy of the Notice of Inmate Rule

Violation and Disciplinary Hearing form to the serving staff.

H. Defendant Inmate’s Refusal to Sign or Return the Notice of


(1) A defendant inmate’s refusal to sign at service for receipt of

the inmate’s copy of the Notice of Inmate Rule Violation and

Disciplinary Hearing form shall be considered waiver of the

Patuxent Institution’s obligation enumerated in this regulation to

timely serve the Notice of Inmate Rule Violation and Disciplinary

Hearing form.

(2) The failure of a defendant inmate to return at service the

facility’s copy of the Notice of Inmate Rule Violation and

Disciplinary Hearing form to the serving staff shall be considered

waiver of the service process enumerated in this regulation.

I. With the return of the facility’s copy of the Notice of Inmate

Rule Violation and Disciplinary Hearing form by the defendant

inmate to the serving staff, the serving staff shall then:

(1) Provide the inmate with a copy of the Notice of Inmate Rule

Violation and Disciplinary Hearing form; and

(2) Return the facility’s copy of the Notice of Inmate Rule

Violation and Disciplinary Hearing form to the shift supervisor.

J. The shift supervisor shall, upon receipt of the Notice of Inmate

Rule Violation and Disciplinary Hearing form, review the Notice of

Inmate Rule Violation and Disciplinary Hearing form and:

(1) Ensure that the service process of the Notice of Inmate Rule

Violation and Disciplinary Hearing form has been completed;

(2) Ensure that the content of the Notice of Inmate Rule

Violation and Disciplinary Hearing form has not been altered by the

defendant inmate; and

(3) Forward the Notice of Inmate Rule Violation and

Disciplinary Hearing form to designated staff for data entry and

scheduling the defendant inmate for an appearance before a hearing

officer for a preliminary review of the Notice of Inmate Rule

Violation and Disciplinary Hearing form.

.12 Prehearing and Hearing Procedures — Preliminary and

Evidentiary Phase — Inmate Appearance or Waiver of

Appearance Before a Hearing Officer.

A. A defendant inmate [may elect to] referred by the shift

supervisor for a formal hearing or who declined an offer of an

informal resolution in lieu of a hearing for a rule violation charged

shall appear before a hearing officer for a preliminary review of the

Notice of Inmate Rule Violation and Disciplinary Hearing form.

B. [If a defendant inmate elects to appear before a hearing officer,

the warden, or a designee, responsible for scheduling the hearing for

the defendant inmate shall schedule the hearing to take place within 7

days of the date the initial investigation of the inmate rule violation

and the notice of inmate rule violation and disciplinary hearing report

are completed] A defendant inmate shall appear before the hearing

officer for a preliminary review of the rule violations charged within

7 business days after the date when the following events have

concluded in the specified order:

(1) The investigation of the reported event and misconduct is

completed;


Hearing form is completed; and


Hearing form is reviewed by a shift supervisor.

C. For the purposes of this chapter, the date of the shift

supervisor’s review when the rule violation to be charged is

determined shall be considered the date of the defendant inmate’s

rule violation.

D. Good cause shall justify the delay of the defendant inmate’s

timely appearance and, in such a case, staff shall:

(1) Schedule the inmate’s appearance as soon as circumstances

permit;

(2) Make a record of the cause that delayed the appearance;

and

(3) Provide the reason for the delay if raised at the inmate’s

hearing.

E. The hearing officer shall determine whether a cited cause

justified a delayed appearance.

[C.] F. A defendant inmate [may voluntarily waive the right to

appear at a hearing and any rights associated with the conduct of a

hearing.] who willfully fails or voluntarily elects not to appear before

a hearing officer for a preliminary review or hearing shall be:

(1) Deemed to have waived an appearance before the hearing

officer and the process provided for the conduct of a preliminary

review and hearing; and

(2) Heard on the rule violation charged in the inmate’s

absence.

[D.] G. For a voluntary waiver under this regulation, the following

apply:

(1) The defendant inmate shall use the waiver of rights and in

in absentia hearing form to communicate to the hearing officer the

defendant inmate‘s waiver of appearance at the preliminary review or

a hearing [to the hearing officer];

(2) Upon receipt of the waiver of rights and in in absentia

hearing form, the hearing officer shall determine if the defendant

inmate has properly waived [the right to appear] an appearance at

the preliminary review or [a] hearing;


(5) After determining the defendant inmate has [properly]

waived [the right to appear] an appearance at the preliminary review

or a hearing, the hearing officer shall:

(a) [Shall conduct] Conduct a hearing on the rule violation

charged [the case in absentia] and consider the evidence presented by

the facility representative without the presence of the defendant

inmate;

(b) [Shall make] Make fact findings and a decision based on

the [facts and] evidence presented; and

(c) [May impose the appropriate] Impose a sanction or

sanctions if finding that a rule violation occurred.

H. A defendant inmate properly notified of the hearing who does

not submit a waiver of appearance form and does not appear at a

scheduled preliminary hearing or a hearing is considered to have

waived the right to appear at the preliminary hearing or hearing.


1528


[E.] I. [A] The hearing officer may determine that the defendant

inmate waived [the right to appear] an appearance at or participation

in the preliminary review or hearing [at a hearing and other hearing

rights] if the defendant inmate:


(2) Willfully delays or [does not] fails to appear [at the

hearing];


(4) Violates security procedures for escort to the preliminary

review or hearing location;

(5) [Once in the hearing room, voluntarily leaves the hearing

before a decision of the case] Elects to leave the preliminary review

or hearing prior to conclusion of the proceedings;

(6) Becomes disruptive [in the hearing area];

[(7) Exhibits behavior that is a safety issue for those in the

hearing room;]

[(8)] (7) [Becomes a security or safety threat at the hearing]

Poses a threat to the safety or security of the facility or others; or

[(9)] (8) Is involuntarily removed at the direction of the hearing

officer or under the authority of [the correctional] staff because of

conditions under [§F(6)—(8)] §I(6)—(7) of this regulation.

[F.] J. If the defendant inmate is [on] assigned to mental health

[status] housing and the hearing officer has been advised that the

defendant inmate has waived [rights to a hearing] an appearance, the

hearing officer shall:


(2) Postpone the preliminary review or hearing if the

competence of the inmate to make a waiver is in question and require

the facility to conduct and document a mental health prehearing

assessment for [consideration by] the consideration of the hearing

officer when the [hearing] proceeding is reconvened; and

(3) [If, at the time the hearing is reconvened, the record of the

mental health prehearing assessment is provided and the defendant

inmate refuses to appear, determine the competency of the defendant

inmate according to Regulation .18 of this chapter before proceeding

with the hearing without the inmate present at the hearing] Determine

the competence of the defendant inmate in accordance with

Regulation .18 of this chapter and proceed with the preliminary

review or hearing without the presence of the inmate if the:

(a) Record of the mental health pre-hearing assessment is

provided and the inmate is deemed competent; and

(b) Defendant inmate still refuses to appear.

.13 Prehearing Procedures — Preliminary Phase — Dismissing a

Charge of an Inmate Rule Violation.

A. A hearing officer may only dismiss a rule violation charged

under the procedures established in this regulation.

B. Procedural Error. If the defendant inmate raises a time

requirement or procedural violation by staff under this chapter or

Department or Patuxent Institution directive and requests the rule

violation charged be dismissed, a rule violation may only be

dismissed if the hearing officer finds:

(1) A time requirement or procedure established in this chapter

for the hearing process has been denied the inmate;

(2) The denial is not based on good cause; and

(3) The defendant inmate has demonstrated that the denial has

substantially harmed the inmate’s ability to make a case presentation

as to the rule violation charged.

C. Failure to Substantiate a Rule Violation Charge.

(1) The hearing officer on review of a Notice of Inmate Rule

Violation and Disciplinary Hearing form may only dismiss the rule

violation charged if:

(a) The facts as stated in the report section of the Notice of

Inmate Rule Violation and Disciplinary Hearing form considered in

the light most favorable to the facility; and

(b) Reasonable inferences resulting from those facts do not

support a finding that the defendant inmate has committed the rule

violation.

(2) The hearing officer shall inform the hearing participants of

the dismissal of, or denial of a dismissal for, a rule violation charged.

D. Technical Error.

(1) A non-evidentiary defect or error in the Notice of Inmate

Rule Violation and Disciplinary Hearing form may not support a

dismissal of the rule violation charged under this regulation.

(2) Examples of a defect or error may include, but are not

limited to a:

(a) Rule violation number;

(b) Date or time reference;

(c) Defendant inmate’s Department or Patuxent Institution

identification number or name; or

(d) Signature of reporting staff.

(3) The defect or error shall be corrected by the hearing officer

returning the Notice of Inmate Rule Violation and Disciplinary

Hearing form to the facility representative or staff for correction.

(4) After correction, facility staff shall serve the corrected

Notice of Inmate Rule Violation and Disciplinary Hearing form on

the defendant inmate and schedule the inmate for an appearance

before the hearing officer.

(5) The defect or error in a Notice of Inmate Rule Violation and

Disciplinary Hearing form and the required return of the Notice of

Inmate Rule Violation and Disciplinary Hearing form for correction

shall be considered good cause for delay of the service of the Notice

of Inmate Rule Violation and Disciplinary Hearing form and

appearance of the defendant inmate before the hearing officer.

E. Absence of the Shift Supervisor’s Review.

(1) The absence of a shift supervisor’s review on the Notice of

Inmate Rule Violation and Disciplinary Hearing form may not

support a dismissal of the rule violation charged under this

regulation.

(2) In the absence of a shift supervisor’s review, the hearing

officer shall return the Notice of Inmate Rule Violation and

Disciplinary Hearing form to the facility representative or staff in

accordance with the procedures of Regulation .17 of this chapter.

(3) The return of a Notice of Inmate Rule Violation and

Disciplinary Hearing form to facility staff for a review by a shift

supervisor shall be considered good cause for delay of the service of


and appearance of the defendant inmate before the hearing officer.

F. Failure to Serve the Defendant Inmate the Notice of Inmate

Rule Violation and Disciplinary Hearing form.

(1) If raised by the defendant inmate during a preliminary

review, the hearing officer shall determine if the facility staff have

complied with service process.

(2) The hearing officer may rely on the defendant inmate’s

presentation regarding the claim of not being served, the written

record of service if stated on the Notice of Inmate Rule Violation and

Disciplinary Hearing form, or a rebuttal presentation by the facility

representative in determining whether there was compliance by

facility staff with the service process.

(3) The failure of the defendant inmate to be served a copy of


prior to the inmate’s appearance before the hearing officer may not

support a dismissal under the procedures of this regulation.

(a) If the hearing officer determines a Notice of Inmate Rule

Violation and Disciplinary Hearing form was not served on the

defendant inmate, the hearing officer may refer the matter to facility

staff in accordance with the procedures under Regulation .17 of this

chapter; or

(b) If the defendant inmate waives service in writing, the

hearing officer shall proceed with the preliminary review.


1529


(4) The failure of staff to serve a copy of the Notice of Inmate

Rule Violation and Disciplinary Hearing form on a defendant inmate

shall be considered good cause for delay of the service of the Notice

of Inmate Rule Violation and Disciplinary Hearing form and

appearance of the defendant inmate before the hearing officer.


Evidentiary Phase — Written Record and Audio

Recording [Requirement].

A. [Written Record.] The hearing officer shall produce a written

record [of] that summarizes a hearing for each case [before] heard by

the hearing officer.

B. Audio Recording.

(1) Except [for the provisions under] as provided in §B(3) of

this regulation, the hearing officer shall:

(a) (text unchanged)

(b) Document each case [recorded on the disciplinary

proceedings tape log] on the audio recording of a hearing that

includes the:

(i) Defendant inmate’s name and commitment number;

(ii) Date and time of hearing;

(iii) Name of the facility; and

(iv) Name of the hearing officer of record.

(2) The absence of audio recording equipment [does not] shall

preclude conducting a hearing.

(3) Under the conditions specified in §B(2) of this regulation,

the hearing officer shall:


[(b) Offer the defendant inmate the option of:

(i) Continuing without the audio recording;

(ii) Postponing the proceeding until it can be audio

recorded; and

(c) If the defendant inmate:

(i) Elects to proceed without the audio recording, request

that the defendant inmate sign a waiver and include the signed waiver

in the written record of the hearing; or

(ii) Refuses to waive the audio recording or refuses to

sign a waiver, postpone the hearing until it can be audio recorded and

document the postponement.]

(b) Postpone the case; and

(c) Advise the facility staff to reschedule the defendant

inmate’s appearance before a hearing officer when circumstances

permit.

(4) The postponement of a facility disciplinary case due to an

inability to audio record a preliminary review or hearing:

(a) May not support the dismissal of the facility disciplinary

case; and

(b) Shall be considered good cause for the delay of the

defendant inmate’s appearance before the hearing officer or a

hearing.


Evidentiary Phase — Informal Disposition or Reduction to

Incident Report.

A. The hearing officer may only offer the defendant inmate an

informal disposition for a Category IV rule violation or Category V

rule violation charge in accordance with the procedures under


B. The hearing officer may only offer the defendant inmate a

reduction to incident report for a Category IV rule violation or

Category V rule violation charge in accordance with the procedures

under Regulation .06 of this chapter.

.17 Hearing Procedures — Preliminary Phase — Objection to

Notice of Inmate Rule Violation and Disciplinary Hearing

[Report] Form.

A. [The hearing officer shall review the notice of inmate rule

violation and disciplinary hearing report with the hearing

participants.] Only during the preliminary review of the Notice of

Inmate Rule Violation and Disciplinary Hearing form, may a hearing

officer consider an objection by a hearing participant to the Notice of


B. The hearing officer may only consider an objection that is

raised in accordance with the procedures of this regulation.

C. The hearing officer may permit a hearing participant an

opportunity to comment on the merits of the objection.

D. The hearing officer, when weighing the merits of the objection,

may:

(1) Consider a citation by a participant from a procedure of a

regulation under this chapter or Department or Division of

Correction directive; and

(2) Not consider a reference to a legal authority or other

authority when reaching a decision regarding the merits of the

objection.

E. The hearing officer shall be the arbiter in determining the

merits of the objection.

[B] F. [Objections] An objection with respect to the [notice of

inmate rule violation and disciplinary hearing report are] Notice of

Inmate Rule Violation and Disciplinary Hearing form shall be limited

to [claims that:] the procedures under Regulation .13 §§D(1)—(4)

and F(1)—(4) of this chapter.

[(1) The notice of inmate rule violation and disciplinary hearing

report form was not served;

(2) There is an error in the format or completion of the notice

of inmate rule violation and disciplinary hearing report form that is

not deemed a minor defect under Regulation .13 C(2) of this chapter;

or

(3) The alleged inmate rule violation charged is incorrect.

C. If an issue under §B of this regulation is raised and not

resolved, the hearing officer shall:

(1) Postpone the case;

(2) Refer the matter to the appropriate facility or staff member

for resolution; and

(3) Notify the facility to reschedule the hearing upon resolution

of the identified issues.]


Evidentiary Phase — Special Needs Inmate.

A. A special needs inmate is an inmate with a condition that may

be due to:

(1) Mental health;

(2) A hearing or speech impairment;

(3) English language proficiency; or

(4) Illiteracy.

B. Mental Health Condition.

(1) If the defendant inmate’s behavior indicates that the inmate

may not be competent to participate in a preliminary review or

hearing, the defendant inmate shall be referred by the hearing officer

or facility representative or staff to mental health staff to assess the

inmate’s mental health status.

(2) The mental health staff shall:

(a) Conduct an assessment to determine the defendant

inmate’s ability to participate in the proceedings;

(b) Document the assessment; and

(c) Forward the assessment to the hearing officer.


1530


(3) If the mental health prehearing assessment indicates that

the defendant inmate is not competent to participate in the

proceedings, the hearing officer:

(a) Shall postpone the proceedings;

(b) May consult with the mental health staff without hearing

participants present; and

(c) Shall direct the facility representative or staff to

reschedule the proceedings after notification that the mental health

staff has determined the defendant inmate to be competent to

participate.

(4) If the mental health prehearing assessment indicates that

the defendant inmate is competent to participate in the proceeding,

the hearing officer may:

(a) Proceed with the preliminary review or hearing; or

(b) Postpone the proceedings if:

(i) The hearing officer determines that, with due

consideration of the assessment, the inmate’s behavior at the

proceedings indicates that the inmate is not competent to participate

in the proceedings in which case the hearing officer shall state on the

record the specific basis for that determination; or

(ii) The defendant inmate requires additional time to

prepare for the proceedings.

(5) If the defendant inmate is determined to be competent to

participate in a preliminary review or hearing, the hearing officer

shall proceed with the preliminary review or hearing.

(6) If the hearing officer, at a hearing, finds the inmate guilty of

the rule violation charged, the hearing officer may consider the

inmate’s competency at the time of the rule violation as a mitigating

circumstance when determining the sanction.

C. Hearing or Speech Condition.

(1) If a defendant inmate, claiming to have or is identified as

having a hearing or speech condition affecting the inmate’s ability to

participate in the proceedings, appears before the hearing officer

without a sign language interpreter, the hearing officer shall

postpone the proceedings.

(2) If it cannot be verified at the proceedings that the inmate

has a hearing or speech condition affecting the inmate’s ability to

participate in the proceedings, the hearing officer shall direct the

facility representative or staff to consult with medical staff to

determine if the inmate has such a hearing or speech condition.

(3) When the hearing officer determines that the inmate has a

hearing and or speech condition described under §C(2) of this

regulation, the hearing officer shall instruct the facility

representative or staff to arrange for a sign language interpreter.

(a) If the State has a contract with a vendor to provide sign

language interpreter services, only an interpreter provided through

that vendor may assist the inmate at the proceedings.

(b) In the absence of a contract as specified in §C(3)(a) of

this regulation or if a sign language interpreter is not available

through the vendor, staff authorized by the Commissioner, or a

designee, may act as the sign language interpreter.

(c) An inmate may not act as the interpreter.

(4) After making arrangements for a sign language interpreter,

the facility representative or staff shall reschedule the inmate’s

appearance before the hearing officer.

D. Language.

(1) If a defendant inmate, who requests or is identified by staff

as needing a language interpreter, appears before the hearing officer

without an interpreter, the hearing officer shall postpone the

proceedings.

(2) If it cannot be verified at the proceedings that because of an

inability or limited ability to communicate in English the inmate

needs a language interpreter to participate in the proceedings, the

hearing officer shall direct the facility representative or staff to

consult with the facility case management program to assist in

determining the inmate’s English language limitations.

(3) When the hearing officer determines that a language

interpreter is needed, the hearing officer shall instruct the facility

representative or staff to arrange for an interpreter and postpone the

proceeding.

(a) If the facility has staff who are proficient in the language

of the defendant inmate, the warden, or a designee, may assign that

staff to act in the capacity of the defendant inmate’s language

interpreter at the hearing.

(b) In the absence of staff who may act as an interpreter, the

facility shall contact the vendor contracted by the State to provide an

interpreter.

(c) An inmate may not act as the interpreter.

(4) After arranging for a language interpreter, facility staff

shall reschedule the inmate’s appearance before the hearing officer.

E. Illiteracy.

(1) If a defendant inmate, who claims to be or is identified as

being illiterate, appears before the hearing officer without

representation, the hearing officer shall postpone the proceedings.

(2) If the facility representative or staff cannot verify at the

proceedings that the inmate is illiterate, the hearing officer shall

direct the facility representative or staff to consult with the facility’s

education program staff to determine if the inmate has an inability to

read or write that would affect the inmate’s ability to participate in

the proceedings.

(3) If the hearing officer determines that the inmate has an

inability or limited ability to read or write that would affect the

inmate’s ability to participate in the proceedings, the hearing officer

shall direct the facility representative or staff to arrange

representation for the inmate in accordance with the Regulation .19

of this chapter.

(4) After making arrangements for representation, facility staff

shall reschedule the inmate’s appearance before the hearing officer.

F. The hearing officer may grant a special needs defendant inmate

additional time or greater procedural latitude to:

(1) Prepare a case presentation before a hearing;

(2) Request representation or a witness; or

(3) Address other specific issues affected by the special needs

of the inmate.

G. The delay or denial of a time requirement or procedure in

accordance with this chapter due to the special needs of the

defendant inmate shall be deemed good cause for that delay or denial

and may not support a dismissal of a rule violation charged.


Evidentiary Phase — Representation Request.

A. A defendant inmate may request representation to assist the

inmate during the preliminary review and case presentation phase of

the inmate’s hearing.

B. A defendant inmate’s representation request shall be:

(1) Made timely by the defendant inmate; and

(2) In accordance with the procedures of this chapter.

C. A warden, or a designee, may designate a facility staff member

under Regulation .08 of this chapter to act as a facility representative

at the facility’s defendant inmate preliminary reviews and hearings.

D. Inmate Representation Request.

(1) When served with the Notice of Inmate Rule Violation and

Disciplinary Hearing form and requesting representation for a

preliminary review or hearing, the defendant inmate shall list the

name of the inmate’s requested representative in the section

designated on the Notice of Inmate Rule Violation and Disciplinary

Hearing form for the name of a representative.

(2) The defendant inmate’s failure to list by name a requested

representative on the Notice of Inmate Rule Violation and


1531


Disciplinary Hearing form under §D(1) of this regulation, shall be

considered a waiver by the defendant inmate of representation.

E. Upon the appearance of the defendant inmate at a preliminary

review or hearing proceeding, the hearing officer shall review the

defendant inmate’s Notice of Inmate Rule Violation and Disciplinary

Hearing form to determine if the:

(1) Inmate has requested representation; and

(2) Request is in accordance with the procedures of this

chapter.

F. Inmate representation is voluntary on the part of the requested

individual and a request does not obligate that individual to appear

at a proceeding.

G. If a requested individual declines to act as a defendant

inmate’s representative, a hearing officer may not compel that

individual to appear or act in the capacity as the inmate’s

representative.

H. A hearing officer shall only permit an individual to appear as a

representative for a defendant inmate who is either:

(1) An inmate assigned to the general population of the facility

where the proceeding is to be held; or

(2) A staff member employed at the facility where the

proceeding is to be held.

I. A hearing officer may not permit an individual to appear as a

representative for a defendant inmate who is:

(1) The facility warden, assistant warden, chief of security, or

shift commander or supervisor;

(2) Banned as a representative by the Director, or a designee,

or warden, or a designee;

(3) Identified by security staff as a security or safety risk;

(4) Serving a sentence of death;

(5) Assigned to disciplinary or administrative segregation, cell

restriction, protective custody, or mental health housing; or

(6) In a location where staff escort or vehicular transportation

to the proceeding is required.

J. A hearing officer shall, unless prohibited by a reason of security

or safety, inform the hearing participants of the reason when denying

a requested representative.

K. If a defendant inmate has failed to request representation on


and subsequently at an appearance before a hearing officer requests

representation, the hearing officer may elect to waive §D(2) of this

regulation and permit the representation request only if:

(1) The requested individual qualifies under §F and §G of this

regulation;

(2) The requested individual is present at the location of the

proceeding;

(3) A postponement for case presentation preparation is not

required; and

(4) The defendant inmate is prepared to participate in the

proceeding.

L. If a defendant inmate has requested representation in

accordance with the procedures of this regulation, but the requested

individual declines to accept the request and the inmate then requests

the opportunity to obtain other representation, a hearing officer may:

(1) Permit the inmate a one calendar day postponement to

obtain other representation;

(2) Not grant the inmate a subsequent postponement after an

initial postponement if representation could not be obtained; or

(3) Deny a postponement to obtain other representation and

proceed with the proceeding.

M. A requested individual who appears as a defendant inmate’s

representative is obligated to remain as a participant in the

preliminary review and hearing until the conclusion of the

proceeding.

N. If the defendant inmate’s representative, in the course of the

proceeding, voluntarily refuses to continue as a representative in or

is removed from the proceeding for a reason of conduct, security, or

safety, the hearing officer shall:

(1) Determine the defendant inmate has waived representation;

and

(2) Continue the proceeding without postponement to obtain

other representation.

.20 [Hearing] Prehearing Procedures — Preliminary Phase —

Defendant Inmate Requests for Witnesses.

A. — C. (text unchanged)


Confidential Informants.

A. — B. (text unchanged)


Motions.

A. [Hearing participants may present challenges through a motion

alleging violation of the defendant inmate‘s rights or procedural

aspects of the hearing process.] A hearing participant may only

present a procedural challenge by means of a motion to the hearing

officer during a preliminary review of a defendant inmate’s Notice of

Inmate Rule Violation and Disciplinary Hearing form that is in

accordance with the procedures established under this regulation.

B. A motion may only allege:

(1)The violation of a pertinent time requirement or procedure

of a regulation of this chapter;

(2) The violation of a pertinent time requirement or procedure

of a Department or Division of Correction directive; or

(3) Insufficient evidence to substantiate a rule violation

charged.

[B.] C. The hearing officer [shall]:

(1) [Consider] Shall consider the [objection] motion;

(2) Shall permit the hearing participants an opportunity to

comment on the merits of the motion;

(3) When considering the merits of the motion, may:

(a) Consider a citation of a procedure under this chapter or

Department or Division of Correction directive; and

(b) Not consider a reference to a legal authority or other

authority when reaching a decision regarding the merits of a motion;

[(2)] (4) [Determine the relevance of the objection] Shall

determine the merits of the motion; and

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

.23 [Hearing] Prehearing Procedures—Preliminary Phase —

Postponement.

A. — F. (text unchanged)

G. A hearing officer may, with good cause and without the request

of a hearing participant, postpone a case.

.24 [Hearing] Prehearing Procedures—Preliminary Phase —

Review of Attachments.

[A. When a defendant inmate is served with a notice of inmate

rule violation and disciplinary hearing report the inmate is not

entitled to review attachments at the time of service.]

[B.] A. [At the time] When a defendant inmate appears before a

hearing officer for the preliminary review of the inmate’s Notice of

Inmate Rule Violation and Disciplinary Hearing form, [the] a hearing

officer, when security and safety permit, may provide [the] a

defendant inmate an opportunity to review [attachments] an

attachment and other evidence that may be submitted by the facility

[to] with the [notice of inmate rule violation and disciplinary hearing

report before hearing arguments concerning evidence or testimony on

the case] Notice of Inmate Rule Violation and Disciplinary Hearing

form.


1532


B. An attachment may include, but is not limited to:

(1) Report;

(2)Document;

(3) Record;

(4) Form;

(5) Statement; and

(6) Photograph.

C. [After] If the defendant inmate is permitted to review

[attachments] an attachment to the [notice of inmate rule violation

and disciplinary hearing report] Notice of Inmate Rule Violation and

Disciplinary Hearing form:

(1) If raised, the hearing officer may permit the hearing

participants an opportunity to comment on the merits of the

attachment or other evidence submitted by the staff;

[(1)] (2) If the defendant inmate is prepared to [begin the

hearing] proceed, the hearing officer shall [conduct the disciplinary

hearing] continue with the proceedings; or

[(2)] (3) If the defendant inmate is not prepared to [begin the

hearing] continue with the proceedings because of issues with [the

attachments] an attachment or other evidence submitted by the

facility staff, the inmate may request [the hearing officer to postpone

the hearing] a postponement of the proceedings to permit the

defendant inmate [to] an opportunity to further prepare a case

presentation for the hearing [based on the review of the attachments].

[D.] (a) If the defendant inmate makes a request under

§[C(2)] C(3) of this regulation, the hearing officer may postpone the

[hearing] proceedings [and the warden, or a designee, of the

correctional facility responsible for scheduling disciplinary hearings

shall reschedule the case to take place as soon as possible after the

original date].

(b) When the proceedings are postponed to permit the

defendant inmate additional time to prepare, facility staff shall

reschedule the inmate’s appearance for a hearing date when the

circumstances permit.

(c) If the defendant inmate does not request a postponement,

the hearing officer shall continue with the proceedings unless

postponed by the hearing officer under Regulation .23G of this

chapter.


Defendant Inmate Plea.

A. — D. (text unchanged)


Evidentiary Phase: Rules of Evidence Presentation.

A. A defendant inmate or facility representative may request

evidence to present as part of a case presentation at a hearing.

B. A hearing officer shall deny a request for evidence or a witness

otherwise qualified if security staff have reason to believe the

evidence or witness poses a risk to facility security or safety.

C. A defendant inmate evidence request shall be:

(1) Made in a timely fashion by the defendant inmate; and

(2) In accordance with the procedures of this regulation.

D. Evidence Request.

(1) When served with a Notice of Inmate Rule Violation and

Disciplinary Hearing form and if requesting evidence for a pending

hearing, a defendant inmate shall list by name the requested evidence

on the Notice of Inmate Rule Violation and Disciplinary Hearing

form in the section of the Inmate Rule Violation and Disciplinary

Hearing form designated for listing the evidence requested.

(2) The defendant inmate’s failure to list the name of the

requested evidence on the Notice of Inmate Rule Violation and

Disciplinary Hearing form as enumerated in §D(1) of this regulation,

shall be considered a waiver of that evidence by the defendant

inmate.

E. Upon the appearance of a defendant inmate at a proceeding, a

hearing officer shall review the inmate’s Notice of Inmate Rule

Violation and Disciplinary Hearing form to determine if a request for

evidence has been made by the inmate and if that request is in

compliance with the procedures of this regulation.

F. A hearing officer shall determine the relevancy and material

value of the evidence requested and if there is a security or safety risk

posed by permitting the evidence requested.

G. A hearing officer may allow the introduction of evidence at the

hearing by a participant when security and safety permit and the

request is in accordance with the procedures of this regulation.

(1) A hearing officer may not compel the production of

evidence requested by a hearing participant.

(2) A hearing officer shall deny an evidentiary request deemed:

(a) Irrelevant;

(b) Immaterial;

(c) Cumulative; or

(d) A threat to safety or security.

(3) A hearing officer shall for a security and safety reason deny

a request for evidence that includes, but is not limited to security:

(a) Documents;

(b) Records;

(c) Post orders;

(d) Emergency plans;

(e) Photographs;

(f) Video monitoring records;

(g) Equipment;

(h) Directives not authorized for review by an inmate;

(i) Testing equipment and supplies; or

(j) Confidential statements.

(4) A hearing officer shall, for a reason of security and safety,

deny an evidence request for contraband that includes, but is not

limited to:

(a) Tools;

(b) Drugs, medication, or alcohol;

(c) Weapons;

(d) Controlled dangerous substance;

(d) Cellular telephones;

(e) Tobacco, or currency; or

(f) Escape or drug paraphernalia.

(5) When a hearing officer determines the examination of

security or contraband evidence is necessary, the hearing officer

shall, in the presence of staff deemed necessary for security, conduct

the examination without the presence of an inmate.

(6) When the hearing officer determines that the review of a

video record is necessary, the hearing officer shall, in the presence of

staff deemed necessary for security and the operation of the video

equipment needed for the review, conduct the review without the

presence of an inmate.

H. Testimony.

(1) A hearing participant may present witness testimony as an

evidentiary presentation.

(2) A hearing participant is responsible, and not a hearing

officer, to call a requested witness for the participant’s case

presentation.

(3) A hearing officer may call a witness to provide testimony or

be questioned concerning:

(a) Evidence presented;

(b) A fact in evidence; and

(c) A policy, procedure, or practice.

(4) A witness may not be compelled by a hearing officer to

answer a question regarding testimony given.

(5) Only a defendant inmate representative, facility

representative, or a hearing officer may question a witness giving

testimony.


1533


(6) In the absence of a representative, a defendant inmate may

question a witness giving testimony.

(7) A hearing officer may limit the testimony and questioning of

a witness consistent with:

(a) The procedures in accordance with Regulation .20 of

this chapter; or

(b) Security and safety.

(8) If a witness, requested by a hearing participant, refuses to

appear or testify, a hearing officer may not dismiss a rule violation

charged for the failure of the witness to appear or testify.

I. When denying an evidentiary request, a hearing officer shall

provide to the hearing participants an explanation for the denial, if

security and safety permit.

J. A hearing officer may consider the defendant inmate’s

disciplinary conviction history or the lack thereof for each rule

violation charged.

K. A hearing officer may not render a decision as to a rule

violation charged based solely on a defendant inmate’s disciplinary

conviction history or the lack thereof for a rule violation charged.

L. Except for the Notice of Inmate Rule Violation and Disciplinary

Hearing form, facility staff may not be required to provide, prior to a

defendant inmate’s appearance, the inmate with notification of the

facility evidence to be presented as part of the facility case

presentation at the hearing.

.27 Hearing Procedures — Evidentiary Phase — Case

Presentation.

A. [The] At the conclusion of the preliminary review, a hearing

officer shall determine if a defendant inmate and facility

representative are prepared to proceed with a hearing and if

prepared, the hearing officer shall [read] ensure that the rule

violation report found in the [notice of inmate rule violation and

disciplinary hearing report] Notice of Inmate Rule Violation and

Disciplinary Hearing form, and attachments along with other related

documents or evidence submitted by the facility staff are read into or

described for the hearing record.

B. A hearing participant may make a case presentation to a

hearing officer that may include, but is not limited to:

(1) An argument on the merits of the case;

(2) Evidence in accordance with the procedures of Regulation

.26 of this chapter; and

(3) Challenges to and arguments regarding an evidentiary

presentation.

[B.] C. Facility Representative.

(1) A facility representative may present:

(a) Additional documents [relevant to the issues before] to

the hearing officer that do not present a security risk;

(b) (text unchanged)

(c) [Testimonial evidence from witnesses approved]

Testimony from a witness permitted by the hearing officer.


[C.] D. Defendant Inmate Presentation.


(4) The hearing officer may draw an adverse inference if the

defendant inmate:

(a) [does] Does not present a defense; or[,]

(b) [after testifying, declines] Declines to respond to

questioning by the hearing officer or the facility representative after

testifying.

(5) If the defendant inmate is represented, only the inmate‘s

representative may:

(a) [present] Present the defendant inmate‘s case[,];

(b) [examine] Examine evidence[,]; or

(c) [question] Question a witness.

(6) If the defendant inmate is not represented, the defendant

inmate may:

(a) [present] Present the defendant inmate’s case[,];

(b) [examine] Examine evidence[, and]; or

(c) [question] Question a witness.

(7) The defendant [inmate‘s use of a witness is limited to the

witnesses] inmate may call a requested witness only if:

(a) The [requested] request was made in accordance with

the procedures of Regulation .20 of this chapter [on the notice of

inmate rule violation and disciplinary hearing report]; and

(b) [approved by the] The hearing officer permits the

request.

(8) The defendant inmate may present evidence requested on


and permitted by the hearing officer.

[(8)] (9) The presentation by, or on behalf of, the defendant

inmate is subject to the provisions established for the facility‘s

presentation under [§B] §C of this regulation.

E. The hearing officer may use a conference call for the purpose

of taking testimony by a witness.

(1) When there is a concern for security or safety, testimony

shall be taken by conference call.

(2) The testimony of a witness requiring vehicular transport or

staff escort to the hearing location may be taken by conference call.

(3) For reasons of security and safety, a witness not identified

as staff or an inmate shall testify by use of a conference call.

(4) The hearing officer shall advise an individual giving

testimony by conference call that the testimony is being audio

recorded.

[D.] F. Rebuttal and Closing Arguments.

(1) The hearing officer shall provide the facility representative

an opportunity to [offer evidence to] rebut the evidence presented by,

or on behalf of, the defendant inmate.

(2) The hearing officer [shall] may provide the facility

representative and the defendant inmate‘s representative or, if not

represented, the defendant inmate, an opportunity for a closing

presentation.

G. The hearing officer shall advise the hearing participants when

deciding to close the evidentiary record.

H. Before closing the evidentiary record, the hearing officer may

inquire if the hearing participants have any other matter to be

considered and if raised by a hearing participant provide the hearing

participants an opportunity to present an evidentiary matter not

previously presented or considered.

.30 Post Hearing Procedures — Case Record.

A. Upon concluding a hearing, the hearing officer shall issue a

written decision that includes:

(1) A statement of the credible evidence relied on;

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

[(2)] (3) The verdict for each [charge of an inmate] rule

violation charged; and

[(3)] (4) The [sanctions, if applicable] sanction for each rule

violation with a guilty decision.

B. [The hearing officer shall ensure that the staff at the defendant

inmate‘s facility is notified to serve the defendant inmate with a copy

of the hearing officer‘s written decision within 3 workdays of the

completion of the hearing] Facility staff shall serve the defendant

inmate with a copy of the hearing officer’s written decision within

three business days following the date of a hearing officer’s decision.


1534


C. If [the] a facility representative presents the facility‘s case, the

facility representative shall follow [procedures] the process

established by the warden, or a designee, of the defendant inmate‘s

facility for distribution of the hearing disposition that [include]

includes:


D. [Written Records] Inmate Case Record.

(1) [Except for a case resulting in a not guilty decision, records

related to a hearing, dismissal, and informal disposition shall be

placed in the defendant inmate‘s base file] An inmate’s case record

shall include the following information, if applicable, for a defendant

inmate’s disciplinary case:

(a) A guilty decision;

(b) A not guilty decision;

(c) A dismissal of the rule violation charged; and

(d) An informal resolution.

(2) The defendant inmate‘s [base file] case record shall

[contain a record of] include the date and disposition of the hearing.

(3) [Records] A case record related to inmate discipline may be

reviewed by:


(b) [Authorized individuals] An individual authorized by

statute; and

(c) (text unchanged)

E. Audio Recordings.

(1) The primary purpose for an audio recording of a hearing is

for the use of the Department or Patuxent Institution in the conduct of

the Agency’s business and may not be considered a right, interest,

benefit or entitlement for a defendant inmate.

[(1)] (2) The [hearing officer] inmate hearings program shall

ensure that:

(a) [A] The recording of a hearing is maintained [in a secure

location for 5 years from the date of the final decision of the case]

according to the records retention schedule; and

(b) Access to [the hearing] an audio recording [storage

locker] is restricted.

[(2)] (3) [Copies] A copy of [a hearing] an audio recording may

be requested as provided under COMAR 12.11.02.

[(3)] (4) [Copies] A copy of [a hearing] an audio recording may

not be denied [and] or a fee [may not be] charged to a representative

of:

(a) — (f) (text unchanged)

.31 Post Hearing Procedures — Warden’s Review.

A. Review by the Warden.

(1) The warden, or a designee, shall review a guilty, not guilty,

and dismissal hearing decision and may review an informal

disposition or incident report reduction hearing decision.

(2) The warden, or a designee, shall:

(a) Document the review; and

(b) Sign the document of review as the reviewing authority.

(3) Except as provided under §A(4) of this regulation, the

warden, or a designee:

(a) May not review a hearing decision until the lapse of 15

calendar days from the date the inmate received a hearing officer’s

decision;

(b) May initiate an immediate review if receiving an appeal

by a defendant inmate of a hearing officer’s decision or sanction

impose; or

(c) May initiate an immediate review of a sanction imposed,

regardless of the time or procedural requirement of this regulation, if

the intent is to modify by reduction that sanction.

(4) A warden, or a designee, may conduct an immediate review

when a hearing disposition results in:

(a) Dismissal of the rule violations charged;

(b) Reduction to an incident report;

(c) An informal disposition; or

(d) A not guilty decision.

(5) A warden, or a designee, shall complete the review of a

disciplinary case by the 30th calendar day following the date the

defendant inmate received the hearing officer’s decision.

(6) A warden, or a designee, may remand a hearing officer’s

decision to the hearing officer for clarification by the hearing officer,

in writing, regarding:

(a) Hearing procedures;

(b) Evidence considered;

(c) Findings of fact;

(d) Hearing decision; and

(e) Sanctions imposed or not imposed.

(7) The time requirement and procedures for the warden’s

review enumerated in this regulation shall be suspended pending the

review by the hearing officer of a warden’s remand of a decision for

clarification and not to resume until the warden receives the hearing

officer’s written response.

(8) A warden, or a designee, may appeal a hearing officer’s

decision to the Director, or a designee, with a recommendation that

the decision be reversed and the disciplinary case remanded for a

new hearing.

(a) The time period and procedures for the warden’s review

enumerated in this regulation shall be suspended pending the review

of a warden’s, or a designee’s, remand request appeal by the

Director, or a designee; and

(b) Resume on the date the Director’s, or a designee’s,

written decision is received by the warden, or a designee.

B. Actions.

(1) When reviewing a hearing officer’s decision, the warden, or

a designee:

(a) May not weigh the merits of the evidence in the record to

reconsider the hearing officer’s findings of fact;

(b) May not substitute judgment for that of the hearing

officer as to findings of fact for the case under review;

(c) Shall review the evidence in the record and determine

whether a reasonable-minded individual could have reached the

decision rendered by the hearing officer in the hearing; and

(d) Shall consider an alleged procedural violation identified

in an appeal by a defendant inmate, facility representative, or staff

member and determine whether the hearing was in compliance with

the procedural requirements of this chapter.

(2) A warden, or a designee, conducting a review under this

regulation, and without explanation, may:

(a) Reduce a sentencing matrix, alternative, credit

revocation, or informal disposition sanction period regardless of a

sanction period procedurally imposed in accordance with a

regulation of this chapter;

(b) Impose an additional informal or alternative sanction

regardless of sanctions and periods imposed by the hearing officer;

(c) Affirm the hearing officer’s decision and or sanction

imposed;

(d) Vacate the decision and sanction imposed and reduce a

rule violation charged to an incident report;

(e) Affirm a decision, but modify the sanction imposed by:

(i) Reducing a sanction period to less than a period

specified by a hearing officer or adjustment history sentencing matrix

procedure under a regulation of this chapter;

(ii) Increasing a sentencing matrix sanction incorrectly

imposed or impose an additional alternative sanction; or

(iii) Vacating or modifying an informal disposition; or

(f) Recommend to the Director, or a designee, the remand of

the case if a hearing officer’s decision:

(i) Is arbitrary or capricious;


1535


(ii) Is based on clearly erroneous findings of fact;

(iii) Is based on an erroneous interpretation of a policy,

time requirement, or procedure;

(iv) Relies on evidence presented through fraud or

misrepresentation; or

(v) Was made without evidence that should have been

considered at the hearing by the hearing officer, but was not or had

not been considered or presented during the course of the hearing.

C. Notification of the Defendant Inmate.

(1) Staff shall serve the completed warden’s or designee’s

review documentation on the defendant inmate by the 30th calendar

day following the date on which the hearing officer’s decision was

served on the defendant inmate.

(2) If the review form is not received by the defendant inmate

on the 30th calendar day, the:

(a) Review process is complete; and

(b) Hearing officer’s decision and sanction affirmed.

.32 Post Hearing Procedures — Rehearing a Case.

A. Only the Director, or a designee, may remand a defendant

inmate disciplinary case for a new hearing.

B. The warden, or a designee, may without regard for a time

requirement or procedure of a regulation of this chapter appeal to

the Director, or a designee, a hearing officer’s decision, that may

include a decision previously reviewed and affirmed by a warden.

C. A warden, or a designee, may refer a hearing officer’s decision

to the Director, or a designee, with a recommendation for a remand

if there is cause to question the decision, regardless of a time

requirement or procedure of this chapter.

(1) The recommendation shall include the cause for the remand

that is in accordance with Regulation .31B(2)(f) of this chapter.

(2) When forwarded to the Director, or a designee, the appeal

shall include copies of the hearing documents and related records for

the case under appeal.

D. If the Director, or a designee, does not approve the warden’s

recommendation to remand the case for a new hearing:

(1) The Director, or a designee, shall notify the warden that the

hearing officer’s original action is affirmed; and

(2) The review by the warden is complete.

E. If the Commissioner, or a designee, approves the warden’s

recommendation to remand the case for a new hearing, the Director,

or a designee, shall notify the warden.

F. A warden receiving notification under §E of this regulation

shall ensure that the remanded case:

(1) Is heard anew (de novo) under the procedures contained in

this chapter; and

(2) Is not heard by the original hearing officer.

G. Rehearing Procedure.

(1) The time requirements and procedures that are in

accordance with this chapter for investigation, drafting and service

of the Notice of Inmate Rule Violation and Disciplinary Hearing

form, and the defendant inmate’s appearance before the hearing

officer are suspended for the process of a remanded hearing.

(2) Staff shall serve a defendant inmate with notification

advising the inmate of the order that the Commissioner, or a

designee, Secretary, or a court has remanded the inmate’s Notice of

Inmate Rule Violation and Disciplinary Hearing form for a new

hearing.

(3) When serving the notice of a remand order on the defendant

inmate, staff shall provide the inmate with a copy of the inmate’s

Notice of Inmate Rule Violation and Disciplinary Hearing form that

is the basis for the rehearing order within 7 business days of the date

a warden, or a designee, received notification of the order to rehear

the case.

H. When the defendant inmate is served with the completed notice

of a remanded hearing order indicating that the Director, or a

designee, the Secretary, or a court has remanded the case for a new

hearing, the defendant inmate shall:

(1) Indicate on the notice of a remanded hearing order in the

designated section a request by name for representation, witnesses,

or evidence for the inmate’s remanded hearing; and

(2) Be provided a copy of the original Notice of Inmate Rule

Violation Disciplinary Hearing form that is the basis of the remanded

hearing order.

(3) A failure to list representation, a witness, or evidence by

name on the notice of a remanded hearing order shall constitute a

waiver of representation, a witness, or evidence by the defendant

inmate for the rehearing.

(4) After service on a defendant inmate of both a copy of the

notice of a remanded hearing order and the inmate’s Notice of

Inmate Rule Violation Disciplinary Hearing form that is the basis of

the rehearing, the inmate shall be scheduled to appear before a

hearing officer within 7 business days following the date the inmate

received the notice of a remanded hearing order.

I. Once the remanded hearing is completed and if a warden

disagrees with the decision of the hearing officer, the warden may not

appeal the decision under the procedures of this regulation.

J. The warden may appeal a remanded hearing decision to the

Director, or a designee, in accordance with the procedures under


.33 Post Hearing Procedures — Appeal.

A. Appeal to the Warden—Defendant Inmate.

(1) A defendant inmate may only appeal a hearing officer’s

guilty decision or [related] imposed sanction [resulting from a

hearing].


B. (text unchanged)

C. The inmate appeal process under this chapter shall be

considered concluded on the 30th calendar day following the date the

inmate was served the hearing officer’s decision.

D. A defendant inmate who elects to appeal a warden’s

affirmation of a hearing officer’s decision or sanction in the inmate’s

disciplinary case may file an appeal to the Inmate Grievance Office

as provided under COMAR 12.07.01.05 and .06C.

.34 Post Hearing Procedures — Review by the Director.

A. The Director, or a designee, has:

(1) Absolute discretion to modify, suspend, or terminate the

inmate disciplinary process; and

(2) Final authority to interpret the provisions of the inmate

disciplinary process.

B. The Director, or a designee, without regard for procedures or

time limits established under this chapter, may review a disciplinary

case or hearing officer decision.

C. The Director, or a designee, without regard for a procedure or

time requirement established under this chapter, may take an action,

that includes, but is not limited to:

(1) Remanding a decision for a new hearing or other action;

(2) Modifying or vacating a sanction;

(3) Reversing a decision;

(4) Reducing a decision to an incident report; or

(5) Expunging a decision.

.35 Adjustment History Sentencing Matrix.

A. The adjustment history sentencing matrix shall specify the

disciplinary segregation or credit revocation penalties that may be

imposed as sanctions on a defendant inmate found guilty of an inmate

rule violation.


1536


B. When a segregation and or credit revocation sanction is

imposed, the imposition shall be according to the procedures for the

adjustment history sentencing matrix.

C. The process of determining a sanction for imposition on a

defendant inmate shall be based on identifying the appropriate

sanction cell in the adjustment history sentencing matrix in which the

sanction is found.

D. A hearing officer shall determine an appropriate sanction cell

by using the defendant inmate’s category of rule violation and

adjustment history specified by the adjustment history sentencing

matrix.

E. Category of Inmate Rule Violation. The categories of inmate

rule violations shall be stated in the adjustment history sentencing

matrix by the classification of inmate rule violations enumerated in


F. Classification of Sanction. A sanction plotted in a sanction cell

of the adjustment history sentencing matrix may be stated as either:

(1) Optional and may be imposed; or

(2) Mandatory and shall be imposed.

G. Severity of Sanction. The severity of a sanction plotted in a

sanction cell is determined by:

(1) The category of a defendant inmate’s rule violation; and

(2) The adjustment history of the defendant inmate.

H. When a defendant inmate is convicted of an inmate rule

violation, a hearing officer shall:

(1) Review the adjustment history sentencing matrix;

(2) Identify the category of the inmate’s rule violation;

(3) Determine the adjustment history of the inmate;

(4) Identify the appropriate sanction cell where the category of

the rule violation and adjustment history of the inmate intersect in the

adjustment history sentencing matrix; and

(5) When plotted, determine if the sanction is optional or

mandatory for imposition.

I. Adjustment History. The adjustment history sentencing matrix

shall classify inmate adjustment history as:

(1) Poor, if the current inmate rule violation:

(a) Occurs 3 months or less since the date of the last guilty

decision for the last inmate rule violation on record in the defendant

inmate’s case record file or the Department or Patuxent Institution’s

data management system; or

(b) The current guilty decision involves a finding for an

inmate rule violation listed under §§I(1)(b)(i)—(vii) of this regulation

and the defendant inmate’s case record or the Department or

Patuxent Institution’s data management system includes a previous

guilty finding for the current or another inmate rule violation listed

under §§I(1)(b)(i)—(vii) of this regulation occurring in the stated

time frame:

(i) Killing, assaulting, battering, or using threatening

language if the previous inmate rule violation guilty decision is

within 5 years or less of the current inmate rule violation;

(ii) Engaging in a disruptive act if the previous inmate

rule violation guilty decision is within 3 years or less of the current

inmate rule violation;

(iii) Possessing a weapon or an article modified into a

weapon, manufacturing a weapon, or possessing an implement,

article, or tool that reasonably could be used as a weapon if the

previous inmate rule violation guilty decision is within 4 years or less

of the current inmate rule violation;

(iv) Holding another individual hostage if the previous

inmate rule violation guilty decision is within 5 years or less of the

current inmate rule violation;

(v) Possession of a telecommunication device if the

previous inmate rule violation guilty decision is within 4 years or less

of the current inmate rule violation;

(vi) Unauthorized use, possession, or distribution of a

substance that reasonably could be used as an intoxicant, a

controlled dangerous substance, or a counterfeit substance, and

paraphernalia used to administer an intoxicant, a controlled

dangerous substance, or a counterfeit substance if the previous

inmate rule violation guilty decision is within 3 years or less of the

current inmate rule violation; or

(vii) Refusing or failing to submit to an authorized urine,

breath, or medical test if the previous inmate rule violation guilty

decision is within 3 years or less of the current inmate rule violation;

(2) Fair, if the current inmate rule violation occurs more than 3

months but less than 12 months from the last guilty decision for an

inmate rule violation;

(3) Good, if the current inmate rule violation occurs more than

12 months from the last guilty decision for an inmate rule violation;

or

(4) Violation free, if the inmate does not have a previous guilty

decision for an inmate rule violation.

J. Overriding an Adjustment History Matrix Sanction.

(1) A hearing officer, if in disagreement with a sanction

determined by the adjustment history sentencing matrix, may

override the adjustment history of a defendant inmate identified by

the procedures of the adjustment history sentencing matrix.

(2) An override may be for the purpose of either enhancing or

reducing the severity of a sanction due to an aggravating or

mitigating factor, as specified in §§J 3―4 of this regulation, and

shall be made by the hearing officer:

(a) Rejecting the adjustment history determined by the

adjustment history sentencing matrix; and

(b) Selecting an alternative adjustment history from the


(3) The override to enhance the severity of a sanction may be

based on one or more of the following aggravating factors:

(a) A prior conviction history for the rule violation;

(b) An act of violence;

(c) Assault or battery;

(d) Escape, attempted escape, or escape paraphernalia;

(e) Weapon;

(f) Drug, controlled dangerous substance, or intoxicant;

(g)Telecommunication device;

(h) Disruptive act;

(i) Threat to security or safety;

(j) Coercive, intimidating, or threatening language;

(k) Sex act, masturbation, or indecent exposure;

(l) The inmate visiting privilege; or

(m) The need for progressive discipline.

(4) The override to reduce the severity of a sanction may be

based on one or more of the following mitigating factors:

(a) No prior guilty conviction history of an inmate rule

violation;

(b) The time period since a previous conviction for the

current inmate rule violation;

(c) Minor severity of the inmate rule violation;

(d) The need for progressive discipline; or

(e) Acceptance of responsibility by the defendant inmate for

the inmate rule violation found.

(5) A hearing officer may not override an adjustment history

sentencing matrix sanction by suspending the specified sanction and

imposing probation.

(6) When employing an override, a hearing officer shall cite in

the written and audio inmate hearing records an aggravating or

mitigating cause as specified under this regulation.

K. A sanction once imposed may not be affected by a later

modification of the defendant inmate’s disciplinary adjustment

history record.


1537


.36 Interpreting Adjustment History Sentencing Matrix

Sanctions.

A. Plotted Sanction.

(1) Only disciplinary segregation and credit revocation periods

are plotted as sanctions in the adjustment history sentencing matrix.

(a) Sanctions are plotted in the sanction cells of the


(b) After finding a defendant inmate guilty of an inmate rule

violation, a hearing officer shall first determine the appropriate

sanction cell identified by the intersection of the category of the

inmate’s rule violation horizontal column and adjustment history

vertical column in the adjustment history sentencing matrix to

establish the severity of a sanction that may or shall be imposed.

(2) A sanction plotted in a sanction cell may be stated as either

a specific time period or the range of a sanction with a minimum to a

maximum period that may be imposed.

(3) Sanctions plotted in the adjustment history sentencing

matrix may be either optional or mandatory for imposition.

B. Numerical Value Plotted in the Adjustment History Sentencing

Matrix.

(1) If the numerical value plotted in an adjustment history

sentencing matrix sanction is stated as:

(a) ―0‖, there is no sanction to impose for the inmate rule

violation;

(b) ―0 or ...‖, the sanction is optional and within the

discretionary judgment of a hearing officer; or

(c) Not ―0‖ or ―0 or ...‖, a sanction within the range

provided is mandatory and shall be imposed by a hearing officer.

(2) A hearing officer may not, in lieu of an imposition, suspend

for a period of probation an adjustment history sentencing matrix

sanction.

(3) A segregation or credit revocation period sanction not

plotted in a sanction cell identified by the adjustment history

sentencing matrix may not be imposed by a hearing officer.

[A.] C. Segregation Sanction.

[(1) If the applicable adjustment history sentencing matrix

sanction is:

(a) ―0‖, there is no sanction to impose for the violation;

(b) ―0 or ...‖, the sanction is discretionary; or

(c) Not ―0‖ or ―0 or ...‖, a sanction within the range provided

is mandatory and shall be imposed.]

(1) A segregation sanction may only be imposed when

permitted under the procedures of the adjustment history sentencing

matrix.

(2) A hearing officer, when imposing a segregation sanction,

may not impose a period of segregation less than the stated range of

the sanction unless employing an adjustment history override as

permitted under Regulation .35 of this chapter.

(3) When a segregation sanction is plotted in a sanction cell as

a range, it is within the discretionary judgment of a hearing officer as

to what period of the sanction may be imposed.

[(3)] (4) If a defendant inmate [is] was placed on administrative

segregation [or cell restriction] for an inmate rule violation charged

pending [a] the outcome of the inmate’s disciplinary hearing, the

hearing officer shall credit the defendant inmate for the period of

administrative segregation [or cell restriction] from the date of

placement on administrative segregation [or cell restriction] when

determining the effective date for a sanction imposed on the inmate

as either cell restriction or segregation.

D. Consecutive Segregation Sanction.

(1) A segregation sanction may be imposed consecutively by a

hearing officer under the procedures enumerated in §D(2)—(3) of

this regulation.

(2) A segregation sanction may be imposed consecutively to a

segregation period imposed on a defendant inmate for a previous

guilty finding of an inmate rule violation when a hearing officer

determines the inmate’s current guilty finding is separate and distinct

(by date, time, or finding of fact) of the reported event that

constituted the basis for the previous guilty finding.

(3) A segregation sanction may be imposed consecutively to

another sanction when a guilty finding for an inmate rule violation

charged involves one or more of the following aggravating factors:

(a) Violence;

(b) Assault or battery;

(c) A willful and wrongful act causing injury to another;

(d) Disruptive act;

(e) Weapon;

(f) Threat to security or safety;

(g) Drug, controlled dangerous substance, or intoxicant;

(h) Coercive, intimidating, or threatening language;

(i) Telecommunication device;

(j) Escape, attempted escape, or escape paraphernalia;

(k) Visiting privilege;

(l) Sex act, masturbation, or indecent exposure;

(m) Collection or testing of a urine specimen; or

(n) Tobacco where there is intent to distribute.

(4) When a finding of guilt involves more than one category of

inmate rule violation that occurred during a single reported event, a

segregation period may not be imposed consecutively for each rule

violation unless that finding involves an aggravating factor cited in

§D(3) of this regulation.

(5) If a sanction imposed by a hearing officer is not specifically

stated as consecutive, the sanction shall be interpreted to read as

concurrent.

E. Concurrent Segregation Sanctions.

(1)A segregation sanction may be imposed concurrently.

(2) When a finding of guilt involves more than one category of

inmate rule violation that occurred during a single reported event,

the segregation periods imposed for each inmate rule violation shall

be concurrent.

(a) For purposes of imposing a sanction, when a finding of

guilt involves more than one category of inmate rule violation that

occurred during a single reported event, the most severe category of

inmate rule violation shall determine the maximum period of the

sanction to impose.

(b) A hearing officer may waive the concurrent period

policy stated in this section and impose a consecutive segregation

period if the guilty finding for a rule violation involves an

aggravating factor cited in §D(3) of this regulation.

(3) A hearing officer shall indicate an effective date for a

segregation sanction or sanctions imposed concurrently to another

sanction.

(4) When a sanction imposed has not been specifically stated as

either concurrent or consecutive, the sanction shall be interpreted to

read as concurrent.

[B.] F. Credit Revocation [of Good Conduct or Special Projects

Credit] Sanction.

(1) [The hearing officer may revoke good conduct or special

projects credit indicated in the adjustment history sentencing matrix]

A credit revocation may only be imposed as a sanction when

permitted by the adjustment history sentencing matrix.

(2) [If a defendant inmate is guilty of multiple inmate rule

violations in a single incident, the hearing officer shall only impose

revocation of good conduct or special projects credit determined by

the adjustment history sentencing matrix based on the most serious

inmate rule violation] The revocation of credits plotted in a sanction

cell of the adjustment history sentencing matrix is optional by a

hearing officer unless that sanction is specifically cited as a

mandatory revocation under the procedures §F(4) of this regulation.


1538


(3) [If a defendant inmate‘s good conduct credit is less than the

amount to be revoked, the deduction shall be applied in whole, or in

part, against the defendant inmate‘s special projects credit balance]

When a credit revocation sanction is plotted in a sanction cell as a

range, it is within the discretion of a hearing officer as to the period

of the sanction imposed.

(4) Mandatory Credit Revocation. A hearing officer shall

impose as a sanction the minimum or greater credit revocation

period plotted in the adjustment history sentencing matrix when a

guilty finding for an inmate rule violation charged involves one or

more of the following aggravating factors:

(a) Violence;

(b) Assault or battery;

(c) Disruptive act;

(d) Weapon;

(e) Drug, controlled dangerous substance, or intoxicant;

(f) A urine specimen;

(g) Telecommunication device;

(h) Escape, attempted escape, or escape paraphernalia;

(i) Coercive, intimidating, or threatening language;

(j) Sex act, masturbation, or indecent exposure;

(k) Inmate visiting privilege; and

(l) Tobacco, where there is an intent to distribute.

(5) When a finding guilt involves more than one category of

inmate rule violation that occurred during a single reported event,

the hearing officer may only impose the period of plotted credits for

the most severe category of inmate rule violation as the balance of

credits to be revoked for the event.

(6) If a defendant inmate’s good conduct credit balance is

found to be insufficient for the period of a credit revocation imposed,

a deduction for the negative balance of credits due shall be applied,

in whole or in part, by staff against the balance of the inmate’s

earned special project credits.

G. A sanction imposed becomes effective on the date determined

by a hearing officer.

________________________________

.37 Adjustment History Sentencing Matrix.

A. Adult Adjustment History Sentencing Matrix.

Category Violation Free Good Fair Poor

I [GCC] Credits 30—60 60—90 90—120 120—ALL CREDITS

SEG 30—60 60—[90] 120 90—[120] 180 [150] 180—365

II [GCC] Credits ALL [GCC/SPC] CREDITS

ALL [GCC/SPC]

CREDITS ALL [GCC/SPC] CREDITS ALL [GCC/SPC] CREDITS

SEG 0 0 0 or 15[—30] 30[—60]

III

[GCC] Credits 5—10

[0 or ]

10—20

[0 or ]

20—30 30—60

SEG 0 or15[—30 ] 0 or 30[—60 ] [60—90] 0 or 45 [90—150 ] 60

IV

[GCC] Credits [0 or ]5

[0 or]

5—10

[0 or ]

10—20

[0 or ]

20—40

SEG [5] 0 0 or 15[—30 ] 0 or 30[—60 ] [60—90 ] 45

V [GCC] Credits [0 ] 5 [0 ] 5 [0 ] 10 [0—5] 15—30

SEG 0 0 [0 or] 15 [15—]30

Symbols:

[GCC] Credits = Good conduct or special projects credit range [(stated as optional periods)] that may be [revoked] optional or mandatory for

revocation.

SEG = Disciplinary segregation period range [(stated as optional or mandatory periods)] that may be [imposed] optional or mandatory for

imposition.

Numerical value in [any cell] a Sanction Cell = [Number of days (stated as optional or mandatory periods) that may be imposed] Number of

days or credits (stated as optional or mandatory periods) that may be optional or mandatory for imposition or revocation.

―0‖ or ―0 or‖ = No matrix sanctions, or the matrix sanctions are optional.

Definitions of Adjustment History:

Violation-Free = No prior rule violation history

Good = 12 months since the date of the last rule violation

Fair = Less than 12 but more than 3 months since the date of the last rule violation

Poor = 3 months or less since the date of the last rule violation or the [hearing officer‘s] override of the matrix adjustment history to poor

history under the procedures of §I(1)(b) of Regulation .35 of this chapter


1539


B. Eligible Person and Youth Program Adjustment History Sentencing Matrix.

Category Violation Free Good Fair Poor

I

[GCC]

Credits 30—60 60—90 90—120 120—ALL CREDITS

SEG 5—[10]20 [7]10—[14]30 [10]20—[21]30 14—[28]60

II

[GCC]

Credits

ALL [GCC/SPC]

CREDITS

ALL [GCC/SPC]

CREDITS

ALL [GCC/SPC]

CREDITS

ALL [GCC/SPC]

CREDITS

SEG 0 0 0 0

III

[GCC]

Credits 5—10 10—20 20—30 30—60

SEG 3—7 5—10 7—14 10—21

IV

[GCC]

Credits 0 [or]—5 5—10 10—20 20—40

SEG 0—7 0—10 5—12 7—21

V

[GCC]

Credits 0 0 0 0—5

SEG 0—3 0—5 3 [or]— 10 5—21

* Nothing in this chart means that any special projects have been adopted within the Patuxent Program. References to SPC are made for

Department consistency.

Symbols:

[GCC]Credits = Good conduct or special projects credit range (stated as optional periods) that may be revoked.

SEG = Disciplinary segregation period range (stated as optional or mandatory periods) that may be imposed.

Numerical value in any cell = Number of days (stated as optional or mandatory periods) that may be imposed.

―0‖ or ―0 or‖ = No matrix sanctions, or the matrix sanctions are optional.

Definitions of Adjustment History:

Violation-Free = No prior violation history

Good = 12 months since last violation

Fair = Less than 12 but more than 3 months since last violation

Poor = 3 months or less since last violation or the hearing officer‘s override of the matrix adjustment history to poor history

________________________________

.39 Alternative Disciplinary and Informal Sanctions.

A. Alternative disciplinary and informal sanctions are separate

and distinct from the sanctions plotted in the adjustment history

sentencing matrix.

B. An alternative disciplinary sanction may be imposed

independently of or in conjunction with:

(1) Another alternative disciplinary sanction; or

(2) An adjustment history sentencing matrix sanction.

C. An informal sanction is included in an informal disposition

accepted by a defendant inmate in accordance with the procedures of


D. The following [sanctions] may be imposed as sanctions for an

informal [dispositions or] disposition, or in conjunction with [other]

an adjustment history sentencing matrix [sanctions] sanction:

[A.] (1) — [C.] (3) (text unchanged)

[D.] (4) Suspension of [any of] the following privileges:

[(1)] (a) Radio, compact disc (CD) or tape player, television,

telephone, or commissary, excluding personal hygiene and legal

correspondence items, privileges for a specific period not to exceed

[15] 60 calendar days as an informal sanction or 3 months as an

alternative sanction;

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

[(3)] (c) [Visiting] Visitation [privileges] privilege, except

legal and clergy, for a specific period not less than 15 calendar days

but not more than 2 months as an informal sanction or not less than 2

months but not more than 6 months as an alternative sanction; or

[(4)] (d) [Any other] A specified facility privilege not

included in this regulation for a specific period not to exceed [45] 90

calendar days as an informal sanction or 3 — 6 months as an

alternative sanction;

[E.] (5) Cell restriction for a specific period not to exceed 1

month an informal sanction or 2 months as an alternative sanction[;

or].

[F. Forfeiture of property, that is confiscation of an article,

item, or property determined to be contraband, including confiscation

of unauthorized currency or currency in excess of allowable

amounts.]

E. The term cell restriction under §D(5) of this regulation:

(1) Includes the requirement that an inmate be restricted to a

designated location and prohibited from participation in inmate

privileges and activities to include recreation and commissary; but

(2) Does not prohibit the inmate from participation in:

(a) Work, program, or school assignments;

(b) Meals;

(c) Shower periods as permitted by a facility’s rules for an

inmate designated cell restriction status;

(d) Visitation periods as permitted by a facility’s rules for an

inmate designated cell restriction status;

(e) Facility passes;


1540


(f) A religious service as permitted by a facility’s rules for

an inmate designated cell restriction status; and

(g) Case management, medical, or psychological

appointments.

GARY D. MAYNARD

Secretary of Public Safety and Correctional Services

Title 13A

STATE BOARD OF

EDUCATION

Subtitle 16 CHILD CARE CENTERS


[11-324-P]

The Interim State Superintendent of Schools proposes to amend:

(1) Regulation .02 under COMAR 13A.16.01 Scope and

Definitions;

(2) Regulation .01 under COMAR 13A.16.02 License

Application and Maintenance;

(3) Regulation .06 under COMAR 13A.16.07 Child

Protection; and

(4) Regulations .01 and .02 under COMAR 13A.16.18

Administrative Hearings.


The purpose of this action is to make licensed child care center

regulations consistent with proposed COMAR 13A.18 Large Family

Child Care Homes by modifying the existing definition of family

child care and by restricting first-time licensure as a small center to

persons who submit a licensing application for that purpose before

January 1, 2012. In addition, certain requirements regarding abuse

and neglect clearances and the administrative hearing process have

been made consistent with corresponding provisions in COMAR

13A.15 Family Child Care and proposed COMAR 13A.18.







businesses.




Comments may be sent to Liz Kelley, Director, Office of Child

Care, Division of Early Childhood Development, Maryland State

Department of Education, 200 West Baltimore Street, Baltimore MD

21201, or call 410-767-7128 (TTY 410-333-6442), or email to

[email protected], or fax to 410-333-6226. Comments will

be accepted through December 19, 2011. A public hearing has not

been scheduled.

13A.16.01 Scope and Definitions

Authority: Family Law Article, §§5-560, 5-564, and 5-570—5-585; State

Government Article, §10-617; Human Services Article, §1-202; Annotated

Code of Maryland Agency Note: Federal Statutory Reference—Americans with Disabilities Act

of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C.

§6081 et seq.)

.02 Definitions.

A. (text unchanged)

B. Terms Defined.


(25) ―Family child care‖ [has the same meaning as family day

care as defined in Family Law Article, §5-501(e), Annotated Code of

Maryland, and] means the care given to a child younger than 13 years

old or to a developmentally disabled person younger than 21 years

old, in place of parental care for less than 24 hours a day, in a

residence other than the child‘s residence and for which the provider

is paid, in accordance with Family Law Article, §§5-550—5-557.1,



(55) ―Successfully passed‖ means, when used in connection

with:


(b) A review of records of abuse and neglect of children [or

adults], that if an individual is:

(i)—(ii) (text unchanged)


13A.16.02 License Application and Maintenance


Government Article, §10-617; Human Services Article, §1-202; Annotated Code of Maryland

Agency Note: Federal Statutory Reference—Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C.

§6081 et seq.)

.01 License — General Requirements.

A.—F. (text unchanged)

G. Effective January 1, 2012, the office may not:

(1) Accept an application for an initial license as a small

center; or

(2) Issue a license to operate a small center, except that a

license may be issued to:

(a) An applicant for a license from whom the office received

the license application before January 1, 2012; or

(b) An operator already licensed to operate a small center

before January 1, 2012.

13A.16.07 Child Protection


Government Article, §10-617; Human Services Article, §1-202; Annotated

Code of Maryland

Agency Note: Federal Statutory Reference—Americans with Disabilities Act

of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.)

.06 Child Security.

A.—B. (text unchanged)

C. Unless an employee or staff member has successfully passed

federal and State criminal background checks and, if hired on or after

October 1, 2005, a review of child [and adult] abuse and neglect

records, the individual may not be alone with an unrelated child in

care.


1541


D. An employee or staff member who has successfully passed

federal and State criminal background checks and, if hired on or after

October 1, 2005, a review of child [and adult] abuse and neglect

records[,] shall:


(2) Unless documentation is on file at the center that an

independent contractor performing a service at the center has

successfully passed federal and State criminal background checks and

a review of child [and adult] abuse and neglect records, remain within

sight and sound of the contractor whenever the contractor is in an

area where children are present.

E. (text unchanged)

13A.16.18 Administrative Hearings

Authority: Family Law Article §§5-573 and 5-580; State Government Article, §10-204; Annotated Code of Maryland

.01 Scope.

A. This chapter applies to hearings concerning actions taken by

the Office of Child Care which adversely impact [on] child care

center licenses and letters of compliance. These actions include

denials, suspensions, or revocations of licenses or letters of

compliance, [as well as] reductions in capacity or limitations on the

ages or numbers of children who may be admitted to the child care

center, and employment exclusions pursuant to COMAR

13A.16.06.03A or B.

B. (text unchanged)

.02 Definitions.

A. (text unchanged)

B. Terms Defined.


(7) Emergency Action.


(b) ―Emergency action‖ may include an emergency

suspension, an immediate reduction in capacity, an immediate

limitation on the ages or numbers of children who may be admitted to

care, an employment exclusion pursuant to COMAR 13A.16.06.03A

or B, [and] or an appeal filed by an individual pursuant to COMAR

13A.14.02.19-1D or 13A.14.05.19-1D.


BERNARD J. SADUSKY, ED.D.

Interim State Superintendent of Schools

Title 14


Subtitle 09 WORKERS’

COMPENSATION COMMISSION

14.09.03 Guide of Medical and Surgical Fees

Authority: Labor and Employment Article, §§ 9-309, 9-663, and 9-731,


Notice of Change to Statement of Purpose

[11-305-P]

In Md. R. 38:23 1462—1465 (November 4, 2011), an incorrect

Statement of Purpose was published in the proposal to amend

Regulations .01 and .04 and adopt new Regulation .09 under

COMAR 14.09.03 Guide of Medical and Surgical Fees. The

corrected Statement follows.


The purpose of this action is to establish a uniform fee or pricing

schedule for reimbursing prescription drugs required to treat an

injured covered employee irrespective of the identity of the person or

entity that dispenses the prescription drug. Specifically, the

pharmaceutical fee schedule is designed to eliminate the existing

disparity in reimbursement rates between physician-dispensed and

pharmacy-dispensed prescriptions by establishing a single

reimbursement rate tied to the average wholesale price (―AWP‖). In a

recent study, the Workers Compensation Research Institute found

that ―for several common physician-dispensed drugs, workers [in

Maryland] received more prescriptions and pills than in other states

where physician dispensing was not common. For these medications,

physician-dispensers [in Maryland] were paid nearly double or triple

the price paid to a pharmacy for the same prescription.‖ Workers

Compensation Research Institute, Prescription Benchmarks for

Maryland, at 11 (March 2010). ―Maryland physicians were paid an

average of $2.59 per pill when they dispensed, while retail

pharmacies were paid $0.67 per pill.‖ Id., at 14.

Under the proposed fee schedule, the reimbursement rate a

dispenser will be reimbursed for a brand drug is calculated by

subtracting 10% of the AWP from the AWP and adding a $3

dispensing fee: BR = AWP – (0.10 x AWP) + 3. Similarly, the

reimbursement rate a dispenser will be reimbursed for a generic drug

is calculated by subtracting 10% of the AWP from the AWP and

adding a $5 dispensing fee as follows: GR = AWP – (0.10 x AWP) +

5. For repackaged or compounded drugs, the AWP utilized in

calculating the reimbursement shall be the AWP and corresponding

NDC (National Drug Code) number, or AWP of the primary

underlying active drug product used in the repackaging or

compounding. This action further directs the Commission to

designate a nationally recognized pharmaceutical publication as the

source of AWP pricing and recognizes that a pharmacy and payer, or

a pharmacy and a pharmacy benefits manager (―PBM‖), may

continue to enter into private contracts for pharmaceutical

reimbursement.

R. KARL AUMANN

Chairman

Workers‘ Compensation Commission

Subtitle 34 PUBLIC SCHOOL LABOR

RELATIONS BOARD


[11-328-P]

The Maryland Public School Labor Relations Board proposes to

adopt:

(1) Regulations .01—.03 under a new chapter, COMAR

14.34.01 Recognition of Employee Organizations; and

(2) Regulations .01—.03 under a new chapter, COMAR

14.34.02 General Procedures.

These two new chapters are being proposed under a new subtitle,

Subtitle 34 Public School Labor Relations Board. This action was

considered at a combination of two public meetings, one held on July

15, 2011, and the other held on September 16, 2011.


The purpose of this action is to clarify the role of the Public

School Labor Relations Board in the process of recognizing

employee organizations that represent public school employees in the

State of Maryland. This action also clarifies the general procedures to

be used when bringing claims before the Board.


1542








businesses.




Comments may be sent to Erica Snipes, Executive Director, Public

School Labor Relations Board, 839 Bestgate Road, Suite 400,

Annapolis, MD 21401, or call 410-260-3216, or email to

[email protected], or fax to 410-260-3219.

Comments will be accepted through December 19, 2011. A public

hearing has not been scheduled.

14.34.01 Recognition of Employee Organizations

Authority: Education Article, §§6-405, 6-505, and 6-506 and Title 6, Subtitle 8, Annotated Code of Maryland

.01 Substantial Incorporation of State Board of Education COMAR

Provisions.

COMAR Title 13A.02.08 has been used as the primary source for

this chapter; however, many internal references have changed to

reflect the jurisdiction of the Public School Labor Relations Board

over matters surrounding Recognition of Employee Organizations.

.02 Certification of Eligible Representative or Organizations.

A. Units Where There Is an Incumbent Exclusive Representative.

(1) Written Petition.

(a) All public school employees who desire a representation

election shall advise, by written petition to the local superintendent of

schools (Form 1) signed by more than 20 percent of the public school

employees in the unit, of this desire not later than May 15 (in

Baltimore City, October 15). Form 1 may be submitted in single card

or multiple signature petition format, or a combination of both.

(b) A public school employee’s signature on the written

petition may afterwards be revoked in writing (Form 2). Revocation

shall be submitted to the public school employer not later than May

15 (in Baltimore City, October 15). However, after executing a

written revocation, the public school employee may not once again

sign the written petition.

(c) Once filed with the public school employer, the written

petition may not be available for inspection or copying. The public

school employer shall immediately notify the Public School Labor

Relations Board and the State Superintendent of Schools of the filing

of the petition. The Public School Labor Relations Board shall

promptly appoint an election judge, who will meet with

representatives of the public school employer, the incumbent

exclusive representative, and any other employee organization which

has previously filed Form 4, in order to select an appropriate

election date.

(d) The public school employer shall compare the signatures

and Social Security numbers on the written petition with the

employer’s payroll records and shall, on or before May 25 (in

Baltimore City, October 25), verify to the election judge that the

written petition contains valid signatures from the requisite number

of public school employees specified in §A(1)(a) of this regulation.

The public school employer shall simultaneously submit to the

election judge the original of the petition, as well as the originals of

any revocations which have been filed. The election judge shall

determine the validity of the revocations and their effect upon the

petition.

(e) A petition under this regulation may not be considered

valid if it is filed during the first year of a 2-year, or during the first

or second year of a 3-year, written agreement between a public

school employer and an incumbent exclusive representative.

However, this paragraph may not be used in combination with any

other law or regulation to bar an election for more than 3

consecutive calendar years.

(f) All forms referenced in this chapter and set forth in it are

mandatory. All appropriate blanks contained in the forms shall be

completed before filing in order for the form, or signature, as

appropriate, to be valid.

(2) Not later than May 20 (in Baltimore City, October 20), the

public school employer shall give reasonable notice (Form 3) to all

public school employees as defined in Education Article, §6-401(c)

or 6-501(c), Annotated Code of Maryland, as to the unit or units in

which the subsequent election shall be held and the date of the

election. A copy of the notice shall be sent to the Public School Labor

Relations Board and the State Superintendent of Schools.

(3) Not later than May 25 (in Baltimore City, October 25), all

organizations, other than the incumbent exclusive representative,

wishing to be the exclusive representative of the public school

employees in a specified unit shall file with the public school

employer a written certification of membership of at least 10 percent

of the public school employees in the specified unit as of June 1

(Form 4). The election judge shall examine the records of any

organization filing this certification and shall verify that the

organization has as members the requisite number of public school

employees as specified in this subsection in accordance with that

organization’s membership requirements.

(4) The incumbent exclusive representative shall be

automatically placed on the ballot.

B. Units Where There Is No Exclusive Representative.

(1) Original requests for exclusive recognition shall be filed

with the public school employer no later than May 25 (in Baltimore

City, October 25), by any employee organization certifying that it has

at least 30 percent of the public school employees in a given unit as

of June 1 (Form 5). When an organization makes an original request

for exclusive recognition and has filed Form 5, all other employee

organizations wishing a representation election shall file with the

public school employer a written certificate of membership of at least

10 percent of the public school employees in the specified unit as of

June 1 (Form 6). This form shall be submitted no later than May 28

(in Baltimore City, October 28). Subject to §B(2) of this regulation, if

one or more organizations of public school employees certifies a

membership of public school employees, pursuant to this section, the

public school employer shall, no later than May 31 (in Baltimore

City, October 31), give reasonable notice (Form 3) to the Public

School Labor Relations Board and all public school employees as to

the unit or units in which the subsequent election shall be held and

the date of the election.

(2) If no organization certifies a 10 percent membership under

§B(1) of this regulation by May 28 (in Baltimore City, October 28),

the organization which has certified 30 percent membership may

petition by May 31 (in Baltimore City, October 31) that it has a

membership enrollment of the majority of the public school

employees in the unit in the county or Baltimore City (Form 7). In

this event, an election may not be held and the public school

employer shall designate the employee organization as the exclusive

representative of all public school employees in the unit in the county

or Baltimore City (Form 8).

C. Elections may be held on any working day for public school

employees no earlier than June 1 (in Baltimore City, November 1),


1543


and no later than June 15 (in Baltimore City, November 15), except

for the last working day in any school system.

D. Immediately following the tabulation of the election results, the

election judge shall certify the results of the election to the Public

School Labor Relations Board by certified mail (see Form 9).

E. No later than June 15 (in Baltimore City, November 15) the

public school employer in accordance with the provisions of

Education Article, Title 6, Subtitle 4 or 5, Annotated Code of

Maryland, and the regulations of the Public School Labor Relations

Board shall designate the exclusive representative of all public

school employees in a given unit and so notify the appropriate

organizations (Form 8).

.03 Conduct of Elections.

A. Subsequent to the filing of a 10 percent certification in

accordance with Regulation .02A(3) or B(1) of this chapter, the local

superintendent of schools shall assign reasonable bulletin board

space and other display areas in all school facilities to all qualifying

competing organizations of public school employees. Each

organization shall be provided with equal space.

B. Each competing organization shall be permitted to use

whatever distribution systems are normally available through the

local board of education in accordance with its existing policies.

C. Materials from representatives of the competing organizations

shall be appropriately distributed to all affected employees.

D. Representatives of competing organizations shall be permitted

to meet with employees, individually and in groups, on school

premises, but the meetings may not interfere in any way with work

schedules, but shall be permitted during non-duty breaks or

immediately preceding or following the work day.

E. Voting without intimidation, duress, or coercion will take place

within every school facility where eligible public school employees

normally work. A person may not be in the vicinity of the balloting

box when voting is taking place, except those permitted to vote, the

clerk, and the designated challengers or the election judge. The

polling place location shall be posted on the school bulletin board at

the same time as the election notice is posted. The designation of the

polling place in each facility shall be the responsibility of the local

superintendent of schools. The polling facilities will be designed to

assure a secret ballot for each voter.

F. Lists of eligible voters for each polling place shall be provided

by the local superintendent of schools to all competing organizations

and the Public School Labor Relations Board. Only regularly

employed school personnel shall be eligible to vote.

G. The local board of education shall designate at least one

election clerk for each polling place. Except in cases of emergency,

as determined by the election judge, or upon mutual agreement of the

competing organizations, election clerks shall be persons who are not

eligible to vote in any public school employee representative election

under the provisions of Education Article, Title 6, Subtitle 4 or 5,

Annotated Code of Maryland. This person shall have custody of all

ballots and eligibility lists, shall determine the eligibility of each

voter, shall issue a ballot (Form 10) to each eligible voter, and shall

require the voter to sign the eligibility list. At the close of the polls,

the election clerk shall return the ballot box, the unused ballots, and

the voters’ lists to the central tabulating station.

H. The Public School Labor Relations Board shall appoint for

each election an election judge who shall have the responsibility and

authority to resolve any matters in dispute regarding the election.

The election judge may not be a member of or an employee of the

local board of education or of any organization seeking exclusive

representation in that school system.

I. A ―notice of election‖ shall be posted in each school facility

before election day. This notice of election shall designate the

employee unit, date, time, place of election in each school facility,

and instructions to voters (see Form 3).

J. The local board of education shall establish an office for the

election judge. All competing organizations shall be notified of the

location and telephone numbers of the election office.

K. The local board of education shall assist the Public School

Labor Relations Board in designating a central location for the

collection and tabulation of ballots following the election. Competing

organizations shall be notified of the location of this tabulation

center.

L. Election hours shall be during the regular working hours for

the employees in the unit for which the election is held. The local

superintendent of schools, with the concurrence of representatives of

the organizations who will appear on the ballot, or, if the

superintendent has failed to act, the election judge shall determine

the hours during which the polls will be open at each school. Except

as otherwise determined by the election judge, the polls at each

school shall be open for an amount of time at least equal to the

number of eligible voters multiplied by 5 minutes, but this may not

exceed the working day.

M. Absentee ballots shall be made available by the election judge

only to those otherwise eligible voters who are away from their

assigned work locations on the day of the election at the direction of

the public school employer.

N. Each organization may have an observer at each polling place

during the election. At the conclusion of the election, the observers

may accompany the election clerk in the return of the ballot box to

the central tabulating office. Two observers from each competing

organization may be present during the counting and tabulating of

ballots. If it is necessary to employ substitutes for employees who are

serving as observers, the competing organizations shall pay the

necessary compensation.

O. A ballot box shall be provided by the local board of education

for each polling place. The ballot boxes shall be of such construction

as to safeguard the secrecy of the ballots and their security. Slots in

the ballot boxes shall be sealed before the opening of the polls. The

election clerk shall break the seals and examine the boxes, in the

presence of the observers, if any, when the polls are opened. The

election clerks shall reseal the slots at the close of the polls in such a

manner that the ballots within are absolutely secure. The seal on the

ballot box shall be signed by the election clerk and the observers, if

any, and examined by the election judge before opening the ballot

box for tabulation.

P. Ballot boxes shall be distributed to the polling places by a

procedure established by the election judge.

Q. Printed paper ballots shall be furnished by the local board of

education, with a copy of the ballot forwarded to the Public School

Labor Relations Board in accordance with the attached

recommended form (see Form 10).

R. Placement of the exact official names of organizations on the

ballots shall be determined by the election judge after discussion with

the competing organizations.

S. Every eligible voter shall be notified by the local board of

education that he or she shall be required to show some form of

identification, such as social security card, driver’s license, charge

plate, credit card, or other document to which his or her signature is

affixed in order to obtain an official ballot and vote in the election.

Organizational or membership cards may not be accepted as

identification, even if the signature appears on it. If the voter does not

have proper identification and if the observers from the organizations

listed on the ballot agree to the voter’s eligibility, the voter may vote

a regular ballot. Otherwise, a challenge ballot shall be used.

T. A challenge ballot shall be a regular ballot which is folded,

placed first in an unmarked envelope, which is in turn placed in an

envelope clearly marked with the word ―challenge‖. The


1544


―challenge‖ envelope shall be signed by the voter, sealed by the

election clerk, with the reason for the challenge noted, and placed in

the ballot box.

U. Eligible voters not appearing on the voting lists shall vote a

challenge ballot. The election judge shall determine the eligibility of

the voter casting such a challenged ballot and the election judge’s

determination shall be final.

V. Signed ballots and those bearing written comments shall be

declared void. The election judge shall determine the validity of all

other ballots, and the election judge’s determination shall be final.

W. On election day, campaigning may not be allowed in the

building or within 75 feet of the entrance to the building where voting

takes place. Membership buttons may be worn.

________________________________

Form 1

Request for Representation Election Must Be Signed by More than 20 Percent of Public School Employees in a Unit

(Must be filed prior to the Close of Business on May 15, or October 15 in Baltimore City) (Year)

Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, the undersigned employee(s)

of the _______1 unit of employees of the Board of Education of _______ hereby request(s) that an election be held in June (or November in

Baltimore City) (Year) to designate an exclusive bargaining representative for the aforesaid unit.

NOTE: ALL ITEMS MUST BE COMPLETED IN ORDER FOR YOUR SIGNATURE TO BE VALID.

Printed Name of Public School

Employee

Signature of Public School

Employee

Social Security No. of Public

School Employee Date

________________ ________________ ________________ ________________

________________ ________________ ________________ ________________

________________ ________________ ________________ ________________

________________ ________________ ________________ ________________ 1 (e.g., professional, administrative, or classified unit(s))

Form 2

Revocation of Signature on Form 1

I hereby revoke my prior signature on the election petition known as the ―Request for Representation Election‖. I understand that by

revoking this signature I am waiving my right to once again sign the petition during the present school year.

NOTE: ALL ITEMS MUST BE COMPLETED IN ORDER FOR THIS REVOCATION TO BE VALID.

____________________ _____________________ ___________________ ________________

Printed Name of Public School

Employee

Signature of Public School

Employee

Social Security No. of Public

School Employee

Date

Form 3

Notice of Election

Date, Time, and Place of Election

Date: _____________________

Time: Regular working day for employees

Place: Each school or educational facility

Secret Ballot

Voting will take place within every school or facility where eligible public school employees normally work. The designation of the polling

place in each facility shall be determined by the election judge in consultation with the person in charge of each school or facility. The polling

place shall permit each individual to vote free from observation by other individuals.

Authorized Observers

Each organization may have an observer at each polling place during the duration of the election. At the conclusion of the election the

observers may accompany the election clerk to the central tabulating office.

Tally

A ballot box shall be provided by the local board of education for each polling place. The ballot boxes shall be of such construction as to

safeguard the secrecy of the ballots and their security. Slots in the ballot boxes shall be sealed before the opening of the polls. The boxes shall

be unsealed and examined by the election clerks, in the presence of the observers, if any, when the polls are opened. The slots shall be resealed

by the election clerks at the close of the polls in such a manner that the ballots within are absolutely secure. The seal on the ballot box shall be

signed by the election clerk and the observers, if any, and examined by the election judge before opening the ballot box for tabulation.


1545


Identification

Every eligible voter shall be required to show some form of identification, such as driver’s license, charge plate, credit card, or other

document to which the voter’s signature is affixed in order to obtain an official ballot and vote in the election. Organizational or membership

cards may not be accepted as identification. If the voter does not have proper identification and if the observers from the organizations listed on

the ballot agree to the voter’s eligibility, the voter may vote a regular ballot. Otherwise, a challenge ballot shall be used.

Challenge Ballots

A challenge ballot shall be a regular ballot cast, which is folded, placed first in an unmarked envelope, which is in turn placed in an

envelope clearly marked with the word ―challenge‖. The ―challenge‖ envelope shall be signed by the voter, sealed by the election clerk, with

the reason for the challenge noted, and placed in the ballot box.

Eligible voters not appearing on the voting lists shall cast a challenge ballot.

Validity of Ballots

Signed ballots and those bearing written comments shall be declared void. The election judge shall determine the validity of all other ballots.

Campaigning

On election day, campaigning may not be allowed in the building or within 75 feet of the entrance to the building where voting takes place.

Membership buttons may be worn. If a voter presents himself wearing anything which appears to be of a campaigning nature, the election clerk

shall request the voter to remove it.

Form 4

Request for Exclusive Representation by an Organization Certifying at Least 10 Percent of the Public School Employees of a Designated

Unit


Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, ____________1 hereby

certifies to __________________ 2 through its duly authorized agents that it is a public school employee organization which has a member

enrollment of at least 10 percent of the total number of public school employees in ____________ 3 as of June 1, (Year) and requests that an

election be held, in which the public school employees in this unit shall be offered a choice among all qualifying employee organizations as the

exclusive representative of all public school employees in the unit or of no exclusive representation.

By this certification and request it is hereby agreed by the above stated public school employee organization that the Public School Labor

Relations Board may at any reasonable time and in any reasonable manner verify the facts of membership certified to in this request before the

designation of an exclusive representative, if any, as requested.

Witness our hands and seals as the duly authorized representatives of the above named public school employee organization this _______

day of May (or October in Baltimore City) (Year).

___________________________________________________________

Name of Organization

By:__________________________________ By:_________________________________

Signature of Authorized Representative Signature of Authorized Representative

________________________ ________________________

Official Organization Position Official Organization Position

_________________________ _________________________

Date Signed Date Signed

1 Public school employee organization 2 Local school board 3 Designated public school employee unit

Form 5 (Only to be filed where there is no incumbent exclusive representative)


Unit


Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, _________1 hereby certifies

to __________ 2 through its duly authorized agents that it is a public school employee organization which has a member enrollment of at least

30 percent of the total number of public school employees in _________ 3 as of June 1, (Year) and hereby states that this certification shall

constitute a request for recognition as exclusive representative for all public school employees in this unit.


1546





Witness our hands and seals as the duly authorized representatives of the above named public school employee organization this _______

day of May (or October in Baltimore City) (Year).

___________________________________________________________


By:__________________________________ By:__________________________________


________________________ ________________________


_________________________ _________________________



Form 6 (Only to be filed if Form 5 is filed)


Unit (where Form 5 is filed)

(Must be filed prior to the Close of Business on May 28 or October 28 in Baltimore City) (Year)

Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, ________1 hereby certifies to

__________ 2 through its duly authorized agents that it is a public school employee organization which has a member enrollment of at least 10

percent of the total number of public school employees in _______3 as of June 1, (Year) and requests that an election be held, in which the

public school employees in this unit shall be offered a choice among all qualifying employee organizations as the exclusive representative of all

public school employees in the unit or of no exclusive representation.




Witness our hands and seals as the duly authorized representatives of the above named public school employee organization this _____ day

of May (or October in Baltimore City) (Year).

___________________________________________________________


By:__________________________________ By:__________________________________


________________________ ________________________


_________________________ _________________________



Form 7

Petition by an Organization that It Has a Membership of a Majority of the Public School Employees in a Designated Unit, Where It Has

Filed a 30 Percent Membership Certification and No Other Organization Certified a 10 Percent Membership of Unit Members

(Must be filed by May 31 or October 31 in Baltimore City) (Year)

Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, _________1 hereby certifies

to ________2 through its duly authorized agents that it has previously filed Form 5, certifying that it has at least 30 percent of the public school

employees in _________3 as of June 1, (Year); that no other organization has certified that it has a membership of 10 percent of the members of

said unit; and that _________1 hereby certifies that it has a membership enrollment of the majority of the public school employees in said unit.


1547


By this certification, it is requested that _________2 designate _________1 as the exclusive representative of all public school employees in

said unit.

___________________________________________________________


By:__________________________________ By:__________________________________


________________________ ________________________

Official Organization Position Official Organization \Position

_________________________ _________________________



Form 8

Designation of Exclusive Public School Employee Organization by Local School Board

On the aforegoing certification the ______1 by resolution hereby designates ______2 as the exclusive public school employee organization

for the ______3 beginning June (November) _____, (Year) and continuing as provided by law.

___________________________________________________________


By:__________________________________ By:__________________________________


________________________ ________________________


_________________________ _________________________


1 Local school board 2 Employee organization 3 Designated public school employee unit

Form 9

Certification of Election Results in the Matter of the Election __________ 1

Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, ______2 conducted a

representation election to determine whether eligible public school employees of ______1 wished to be represented by ______3 or neither

organization.

The Public School Labor Relations Board duly designated the undersigned to supervise and preside over the election and to issue a

certification of the results thereof.

The balloting took place at all school and other educational facilities on June (November) __________, (Year) from ______ to ______.4 The

vote was by paper ballot.

The tally took place immediately after the closing of the polls at _____.5

Challenged ballots neither ruled on nor counted: _______.6

Results are certified to be as follows:

Public School Employee Organization3 _____________________

Public School Employee Organization3 _____________________

No Exclusive Representation _____________________

Void _____________________

Blank _____________________

Dated7: June (November) __ (Year)

____________________8

Election Judge (printed)

____________________

Election Judge (signature)

1 Designated public school employee unit (include County (City) in designation) 2 Local school board


1548


3 Competing public school employee organizations 4 Hours for balloting 5 Location of central ballot counting 6 Ballots not counted 7 Date of election tally 8 Printed name and signature of election judge

Form 10

Representation Election Ballot

____________________________

(Unit)

____________________________

(Local Board)

____________________________

(Date of Election)

Mark your choice with (X) in one box only. Do not sign ballot or make any other marks

[ ] _______________________________________________

(Name of Organization)

[ ] _______________________________________________

(Name of Organization)

[ ] No Exclusive Representation

________________________________

14.34.02 General Procedures

Authority: Education Article, §§2-205(e), 6-403, 6-407, 6-408(a)(1), 6-

408(c)(5), 6-408(e)(1), 6-409, 6-504(a), 6-509, 6-510(a)(1), 6-510(c)(5), 6-

510(e)(1), and 6-512 and Title 6, Subtitle 8, Annotated Code of Maryland

NOTE: All forms referenced in the following regulations

appear at the end of the Proposed Action on Regulations

section of this issue of the Maryland Register.

.01 Charge of violation of Title 6, Subtitle 4 or Subtitle 5, of

Education Article.

A. A party alleging a violation of Education Article, Title 6,

Subtitle 4 or Subtitle 5, Annotated Code of Maryland, may request

relief from the Public School Labor Relations Board by completing

Form PSLRB-05 and filing it with the Executive Director of the

Board.

B. In order to be timely, Form PSLRB-05 must be filed with the

Executive Director of the PSLRB within 60 days after the charging

party knew, or reasonably should have known, of the statutory

violation alleged.

C. The Board or the Executive Director may extend this time

period:

(1) Before the initial time period ends, without motion or

notice, if good cause for the extension is shown; and

(2) After the initial time period ends, upon written motion filed

with the Executive Director, if the failure to act was the result of

excusable neglect or good cause.

.02 Requests to Resolve a Dispute as to Negotiability.

A party requesting a resolution of a dispute as to negotiability

may request relief from the Public School Labor Relations Board by

completing Form PSLRB-04 and filing it with the Executive Director

of the Board.

.03 Requests for Determination that an Impasse in Negotiations

Has Been Reached.

A. A party requesting a determination that an impasse in

negotiations has been reached may request relief from the Public

School Labor Relations Board by completing Form PSLRB-01 and

filing it with the Executive Director of the Board.

B. In response to a filing of Form PSLRB-01, the Public School

Labor Relations Board may, after internal deliberations and

investigation, as appropriate, issue Form PSLRB-02 (Notice of

Determination that an Impasse in Negotiations Has Been Reached)

or Form PSLRB-03 (Notice of Determination that an Impasse in

Negotiations Has Not Been Reached).

ERICA SNIPES

Executive Director

Public School Labor Relations Board

Title 31

MARYLAND INSURANCE

ADMINISTRATION

Subtitle 10 HEALTH INSURANCE —

GENERAL

31.10.01 Health Insurance

Authority: Insurance Article, §§2-109, 12-203, [13-110(a), 13-111(b), 14-

109(3)(iv), 14-405(b)(9), 14-410(c), 15-903, 15-904, 15-906—15-908, and 15-911; Health-General Article, §19-713;] 12-205, and §14-126(a)(1),



[11-327-P]

The Insurance Commissioner proposes to amend Regulation .01,

adopt new Regulation .02, and amend and recodify existing

Regulation .02 to be Regulation .03 under COMAR 31.10.01 Health

Insurance.


The purpose of this action is to require notice of a rate increase to

a health benefit plan policyholder in the individual market at least 45


1549


days before the change in premium rates is proposed to be effective,

to make technical corrections, and to add clarifying definitions. The

45-day notice is the same notice that already exists for health benefit

plans issued by health maintenance organizations in the individual

market and is the same time frame for health benefit plans in the

group market.

Prior to this amendment the notice period was 40 days before the

expiration of the grace period applicable to the first increased

premium. The grace period is 31 days for individual health benefit

plans, so the health benefit plan policyholder was receiving notice

only 9 days prior to the premium increase taking effect. This action

provides consistent notice periods for all health benefit plan

policyholders.

The Commissioner is proposing this change so that the

notification period is uniformly 45 days for health benefit plans in the

individual and group markets. This change was also a

recommendation from Oliver Wyman Actuarial Consulting, Inc., the

firm retained by the Commissioner to recommend changes to the rate

review process in Maryland.







businesses.




Comments may be sent to Katrina Lawhorn, Regulations

Coordinator, Maryland Insurance Administration, 200 St. Paul Place,

Suite 2700, Baltimore, Maryland 21202, or call 410-468-2450, or

email to [email protected], or fax to 410-468-

2020. Comments will be accepted through December 19, 2011. A

public hearing has not been scheduled.

.01 Applicability.

Every health insurance policy issued under Insurance Article, Title

15, Annotated Code of Maryland, as amended to date, shall comply

with this chapter (except that Regulation [.02D] .03D and J of this

chapter are not applicable to policies issued under Insurance Article,

Title 13, Subtitle 3), as well as with any other regulations

promulgated under Insurance Article, §12-203, concerning the

submission of forms. As used in these regulations, the word [―form‖]

―forms‖ includes applications, policies, certificates, contracts, riders,

and endorsements except when the context indicates otherwise.

.02 Definition.

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

indicated.

B. Terms Defined.

(1) ―Carrier‖ means a person that is:

(a) An insurer; or

(b) A nonprofit health service plan.

(2) ―Health benefit plan‖ has the meaning stated in Insurance

Article, §15-1301, Annotated Code of Maryland.

(3) ―Individual health benefit plan‖ means a health benefit

plan issued by a carrier to a policyholder to cover:

(a) The policyholder;

(b) The policyholder’s dependents; or

(c) The policyholder and the policyholder’s dependents.

(4) ―Policyholder‖ means the person to whom the carrier’s

contract is issued.

[.02] .03 Filing of Health Insurance Forms for Approval.

A. (text unchanged)

A-1. [An insurer] A carrier submitting forms for approval, or

premiums for forms pending approval or previously approved, shall

print or type in a conspicuous manner immediately below the name

of the [insurer] carrier on the letter of transmittal the [insurer‘s]

carrier’s National Association of Insurance Commissioners (NAIC)

company code number.

B. Any name or title of a policy should be printed in a size of type

smaller than that used for the name of the [insurer] carrier.

C.—Q. (text unchanged)

R. [In] Except in the case of a health benefit plan, in any policy

form in which the [insurer] carrier has the right to change premium

rates, the policy shall provide that notice of any increase in rates shall

be given to the policyholder by mail at least 40 days before the

expiration of the grace period applicable to the first increased

premium.

S. In any individual health benefit plan in which the carrier has

the right to change premium rates, the health benefit plan shall

provide that notice of any increase in premium rates shall be given to

the policyholder by mail at least 45 days before the change in

premium rates is proposed to become effective.

[S.] T. (text unchanged)

THERESE M. GOLDSMITH

Insurance Commissioner

1550


Errata

COMAR 09.03.12 At 38:23 Md. R. 1416 (November 4, 2011), column 2, after line 5

from the top, insert:




COMAR 10.54.03 At 38:23 Md. R. 1416 (November 4, 2011), column 2, before line

2 from the bottom, insert:




COMAR 11.18.02 At 38:23 Md. R. 1417 (November 4, 2011), column 1, after line

17 from the top, insert:



1374 (October 21, 2011), referenced as [11-299-P].

COMAR 34.04.07 At 38:23 Md. R. 1418 (November 4, 2011), column 2, before line

2 from the bottom, insert:



1252 (September 23, 2011), referenced as [11-265-P].

[11-24-39]

COMAR 10.07.05 At 38:21 Md. R. 1277 (October 7, 2011), column 2, delete lines

14—16 from the top.

[11-24-40]

1551


Special Documents

MARYLAND HEALTH CARE

COMMISSION

Application for Waiver to Provide

Primary Percutaneous Coronary

Intervention (pPCI) Services The Maryland Health Care Commission hereby publishes this

schedule for the submission of applications to request a waiver to

provide primary percutaneous coronary intervention (pPCI) services

in a hospital without on-site cardiac surgery. The Commission will

receive applications on the dates listed below. This schedule extends

the schedule published in 38:4 Md. R. 301 (February 11, 2011). A

hospital that seeks to initiate pPCI services without on-site cardiac

surgery must submit an application for a waiver. A hospital with a 2-

year pPCI waiver must submit an application for the renewal of its

waiver. A hospital that has received a 1-year waiver to initiate a pPCI

program must provide pPCI services for a 1-year period before

receiving a 2-year waiver. An applicant must demonstrate the ability

to comply with all requirements for pPCI programs without on-site

cardiac surgery as specified in the regulations. The general procedure

to obtain a pPCI waiver is set forth at COMAR 10.24.17.05D(1). For

further information about this schedule, call Christina Daw, Health

Policy Analyst, Specialized Services Policy and Planning, at 410-

764-8790.

Applications from Hospitals Seeking to Initiate pPCI Services

Metropolitan Baltimore — January 11, 2012

Metropolitan Washington — April 12, 2012

Eastern Shore — July 12, 2012

Western Maryland — October 11, 2012

Metropolitan Baltimore — January 10, 2013

Renewal Applications from Hospitals with 2-Year pPCI Waivers

Waiver Issued in February 2011 — November 14, 2012

Waiver Issued in March 2011 — December 12, 2012

Waiver Issued in May 2011 — February 13, 2013

Waiver Issued in June 2011 — March 13, 2013

Waiver Issued in September 2011 — June 12, 2013

Waiver Issued in December 2011 — September 11, 2013

Applications for 2-Year Waivers from Hospitals with 1-Year pPCI

Waivers

A hospital with a 1-year pPCI waiver must file an application

seeking a 2-year waiver 90 days before the anniversary date of its

initiation of primary PCI services at the hospital.

[11-24-38]

1552


General Notices

Notice of ADA Compliance

The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings. Anyone

planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the

agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.

ATHLETIC COMMISSION

Subject: Public Meeting

Date and Time: December 2, 2011, 2 — 4

p.m.

Place: 500 N. Calvert St., 3rd Fl. Conf.

Rm., Baltimore, MD

Contact: Patrick Pannella (410) 230-6223

[11-24-22]

BOARD FOR THE CERTIFICATION

OF RESIDENTIAL CHILD CARE

PROGRAM ADMINISTRATORS


Date and Time: December 9, 2011, 9 a.m.

Place: 4201 Patterson Ave., Rms. 100/107,

Baltimore, MD

Contact: Carol Johnson (410) 764-5996

[11-24-07]

BOARD OF CHIROPRACTIC AND

MASSAGE THERAPY EXAMINERS


Date and Time: December 8, 2011, 10

a.m. — 1 p.m.

Place: Dept. of Health and Mental

Hygiene, 4201 Patterson Ave., Rm.

108/109, Baltimore, MD

Contact: Maria Ware (410) 764-5902

[11-24-25]

CONSUMER COUNCIL OF

MARYLAND


Date and Time: December 2, 2011, 9:15

— 11 a.m.

Place: 200 St. Paul Pl., 16th Fl., Baltimore,

MD

Contact: Stephanie A. Hodge (410) 576-

6557

[11-24-31]

CRIMINAL JUSTICE INFORMATION

ADVISORY BOARD


Date and Time: December 12, 2011, 1 —

3 p.m.

Place: Judicial Training Center, 2009D

Commerce Park Dr., Rm. 5-6, Annapolis,

MD

Contact: Robyn Lyles (410) 585-3185

[11-24-32]

COMMISSION ON CRIMINAL

SENTENCING POLICY



5:45 p.m.

Place: Judiciary Committee Hearing Rm.,

House Office Bldg., Annapolis, MD

Contact: David Soule (301) 403-4165

[11-24-16]

COMMISSION ON CRIMINAL

SENTENCING POLICY

Subject: Public Hearing


— 8 p.m.

Place: Judiciary Committee Hearing Rm.,

House Office Bldg., Annapolis, MD

Contact: David Soule (301) 403-4165

[11-24-17]

PROFESSIONAL STANDARDS AND

TEACHER EDUCATION BOARD



— 12 p.m.

Place: 200 W. Baltimore St., Baltimore,

MD

Contact: Madeline Koum (410) 767-0385

[11-24-06]

MARYLAND STATE BOARD OF

EDUCATION



— 5 p.m.; December 7, 2011

Place: 200 W. Baltimore St., Baltimore,

MD

Add’l. Info: The State Board of Education

is pleased to receive oral public comment

at each of its regular monthly meetings. In

order to allow the State Board sufficient

time for its other business, the total time

allotted to public comment will generally

be limited to 30 minutes. Individuals

seeking to speak to the Board will

be given 3 minutes each. Persons

desiring to speak to the State Board,

must call (410-767-0467) or e-mail

([email protected]) the Board

office no earlier than 1 week prior to the

meeting to register to speak. Registration

will be accepted on a first-come, first-

served basis. In order to make the limited

time available most effective, speakers are

urged to provide multiple written copies of

their comments or other material

amplifying their views.

Contact: Charlene L. Necessary (410) 767-

0467

[11-24-05]

ELEVATOR SAFETY REVIEW

BOARD



— 5 p.m.

Place: 500 N. Calvert St., 2nd Fl. Conf.

Rm., Baltimore, MD

Contact: Raquel M. Meyers (410) 230-

6379

[11-24-01]

STATEWIDE EMERGENCY

MEDICAL SERVICES ADVISORY

COUNCIL (SEMSAC)


Date and Time: December 1, 2011, 1 — 3

p.m.

Place: 653 W. Pratt St., Ste. 212,

Baltimore, MD

Add’l. Info: The State Emergency Medical

Services Advisory Council (SEMSAC)

meets regularly the 1st Thursday of each

month.

Contact: Leandrea Gilliam (410) 706-4449

[11-24-10]

BOARD FOR PROFESSIONAL

ENGINEERS



Place: 500 N. Calvert St, 3rd Floor,

Financial Regulation Conf. Rm., Baltimore,

MD

Contact: Pamela J. Edwards (410) 230-

6262

[11-24-34]

FIRE PREVENTION COMMISSION



a.m.

Place: Waldorf Fire Station, 3245 Old

Washington Rd., Waldorf, MD

Add’l. Info: If public schools in Charles

County are closed due to inclement

weather, the meeting will be rescheduled.

Contact: Heidi Ritchie (877) 890-0199

[11-24-36]

GENERAL NOTICES

1553


DEPARTMENT OF HEALTH AND

MENTAL HYGIENE/OFFICE OF

HEALTH SERVICES

Subject: Draft Special Needs Trust

Regulations

Add’l. Info: Pursuant to the enactment of

Estates and Trusts Article, §14-115,

Annotated Code of Maryland, the Department

of Health and Mental Hygiene (DHMH) has

developed a draft series of regulations that

reflect Estates and Trusts Article, §14-115,

Annotated Code of Maryland, and clean up

existing trust regulations at COMAR

10.09.24.08-2C. A copy of the Draft Special

Needs Trust Regulations is available on the

DHMH home page, located at

www.dhmh.state.md.us, on the left side of the

page under the Hot Topics area.

DHMH seeks public comment from

members of the public, interested parties, and

persons knowledgeable about special needs

trusts. DHMH is seeking these comments

prior to commencing the formal regulation

promulgation process and DHMH intends to

take these comments into account when it

subsequently commences the formal

regulatory process. Specifically, DHMH is

seeking comments by December 16, 2011, on

draft regulations the Department has

developed and posted. Comments may be

submitted by mail to Michele Phinney,

Director, Department of Health and Mental

Hygiene, 201 W. Preston St., Room 512,

Baltimore, MD 21201; by calling 410-767-

6499 (TTY 800-735-2258); by email to

[email protected], or by fax to 410-

767-6483.

Contact: Michele Phinney (410) 767-6499

[11-24-35]

BOARD OF HEATING,

VENTILATION, AIR-

CONDITIONING, AND

REFRIGERATION CONTRACTORS

(HVACR)



a.m. — 12 p.m.


Rm., Baltimore, MD

Contact: Steve Smitson (410) 230-6169

[11-23-12]

HOME IMPROVEMENT

COMMISSION



a.m. — 12:30 p.m.

Place: 500 N. Calvert St., 2nd Fl. Conf.

Rm., Baltimore, MD

Contact: Steven Smitson (410) 230-6169

[11-24-04]

MARYLAND INSURANCE

ADMINSTRATION

Subject: Public Hearing

Date and Time: December 13 and 14,

2011, 10 a.m.

Place: Maryland Insurance Administration,

200 St. Paul Pl., 24th Fl., Hearing Rm.,

Baltimore, MD

Add’l. Info: The purpose of this hearing is

to receive information regarding the current

availability and affordability of personal

and commercial property and casualty

insurance in Maryland‘s coastal areas.

Contact: Megan Hayes (410) 468-2018

[11-24-21]

BOARD FOR PROFESSIONAL LAND

SURVEYORS



a.m.


Rm., Baltimore, MD

Contact: Pamela J. Edwards (410) 230-

6262

[11-24-33]


COMMISSION



p.m.

Place: Maryland Health Care Commission,

4160 Patterson Ave., Conf. Rm. 100,

Baltimore, MD

Add’l. Info: Individuals requiring special

accommodations are requested to contact

Valerie Wooding at (410) 764-3460, or the

Department of Health and Mental Hygiene

TTY at (410) 383-7755, not later than 20

days the meeting to make arrangements.

Contact: Valerie Wooding (410) 764-3460

[11-24-02]


COMMISSION

Subject: Receipt of Application

Add’l. Info: On October 7, 2011 the

Maryland Health Care Commission

(MHCC) received an application for

Certificate of Need submitted by Waldorf

Health & Rehabilitation Center — Matter

No. 11-08-2324 — Application for the

relocation of a previously approved

Certificate of Need, Docket No. 10-08-

2309 for the construction of a new 67-bed

nursing home facility with 80 assisted

living beds from 3735 Leonardtown Road

in Waldorf to Lot 1, Part of Parcel AA,

Fairway Village in St. Charles

Communities, located off Demarr Road

near the intersection with St. Charles

Parkway, Waldorf.

The MHCC shall review the application

under Health-General Article, §19-101 et

seq., Annotated Code of Maryland, and

COMAR 10.24.01.

Any affected person may make a written

request to the Commission to receive

copies of relevant notices concerning the

application. All further notices of

proceedings on the application will be sent

only to affected persons who have

registered as interested parties.

Please refer to the Matter No. listed

above in any correspondence on the

application. A copy of the application is

available for review in the office of the

MHCC, during regular business hours by

appointment. All correspondence should be

addressed to Paul Parker, Acting Director,

Center for Hospital Services, MHCC, 4160

Patterson Avenue, Baltimore, Maryland

21215

Contact: Ruby Potter (410) 764-3276

[11-24-26]


COMMISSION

Subject: Formal Start of Review

Add’l. Info: Genesis Bayview SNF —

Docket No. 11-24-2323 — Construction of

a new skilled nursing facility on the

campus of Johns Hopkins Bayview

Medical Center, where the existing Johns

Hopkins Bayview Care center is located.

The new facility will include 132 CCF beds

purchased from the care center. Cost:

$26,150,769

Pursuant to COMAR 10.24.01 et seq. on

November 18, 2011, the Maryland Health

Care Commission hereby gives notice of

docketing of the above-referenced

applications.

Persons desiring to become interested

parties in the Commission‘s review of the

above-referenced application must meet the

requirements of COMAR 10.24.01.01B(2)

and (20) and must also submit written

comments to the Commission no later than

close of business on December 19, 2011.

These comments must state with

particularity the State Health Plan

standards or review criteria that you believe

have not been met by the applicant as

stated in COMAR 10.24.01.08F.

Questions may be directed to Paul

Parker, Acting Deputy Director, Center for

Hospital Services at (410) 764-3261, or

send to MHCC, 4160 Patterson Avenue,

Baltimore, Maryland 21215.

Contact: Ruby Potter (410) 764-3261

[11-24-37]

GENERAL NOTICES

1554


MINORITY BUSINESS ENTERPRISE

ADVISORY COMMITTEE



a.m. — 5 p.m.

Place: Harry R. Hughes Dept. of

Transportation Bldg., 7201 Corporate

Center Dr., Hanover, MD

Contact: Pam Gregory (410) 865-1253

[11-24-11]

BOARD OF EXAMINERS OF

NURSING HOME ADMINISTRATORS



a.m.

Place: 4201 Patterson Ave., Rm. 110,

Baltimore, MD

Contact: Patricia A. Hannigan (410) 764-

4750

[11-24-15]

BOARD OF OCCUPATIONAL

THERAPY PRACTICE



a.m. — 2 p.m.

Place: Spring Grove Hospital Center, 55

Wade Ave., Catonsville, MD

Add’l. Info: Health Occupations Article,

Title 10, Annotated Code of Maryland, and

COMAR 10.46 amendments, additions,

and revisions, including fee changes, may

be discussed/voted on. Budget information

may also be discussed. It may be necessary

to go into executive session. Sign language

interpreters and/or appropriate

accommodations for qualified individuals

with disabilities will be provided upon

request. Please call 1-800-735-2255.

Contact: Marilyn Pinkney (410) 402-8556

[11-24-13]

BOARD OF PODIATRIC MEDICAL

EXAMINERS


Date and Time: December 8, 2011, 1 p.m.

Place: 4201 Patterson Ave., Rm. 110,

Baltimore, MD

Contact: Sheri Henderson (410) 764-4785

[11-24-03]

PROCUREMENT ADVISORY

COUNCIL (PAC)


Date and Time: November 29, 2011, 1 —

3 p.m.

Place: Inn and Conference Center, 3501

University Blvd. E., Rm. ICC-3114,

Adelphi, MD

Contact: Melissa Hodges (410) 260-7335

[11-24-20]

BOARD OF EXAMINERS OF

PSYCHOLOGISTS



— 1 p.m.

Place: Loyola University, Columbia

Graduate Center, 8890 McGraw Rd.,

Columbia, MD

Add’l. Info: Sign language interpreters/other

appropriate accommodations for qualified

individuals with disabilities will be provided

upon request.

Contact: Dorothy Kutcherman (410) 764-

4703

[11-24-19]

STATE BOARD OF INDIVIDUAL TAX

PREPARERS



— 5 p.m.


Rm., Baltimore, MD

Contact: Douglas Blackstone (410) 230-

6257

[11-24-30]

MARYLAND TRANSPORTATION

AUTHORITY


Date and Time: November 30, 2011, 10

a.m. — 12 p.m.

Place: Maryland Transportation Authority,

Point Breeze Complex, 2310 Broening

Hwy., Ste. 160, Baltimore, MD

Add’l. Info: A portion of this meeting may

be held in closed session.

Contact: Cindy Taylor (410) 537-1002

[11-24-28]

WORKERS’ COMPENSATION

COMMISSION



11 a.m.

Place: 10 E. Baltimore St., Baltimore, MD

Add’l. Info: Portions of this meeting may

be held in closed session.

Contact: Amy Lackington (410) 864-5300

[11-24-08]

Updated on 4/27/2011

COMAR PDF ORDER FORM

Titles Agency Name Price1 Subscription2 Quantity Total

Complete set of COMAR PDF format $1,000 $500 _____ _____ Title 01 Executive Department $35 $24 _____ _____ Title 02 Office of the Attorney General $22 $13 _____ _____ Title 03 Comptroller of the Treasury $30 $20 _____ _____ Title 04 General Services $16 $10 _____ _____ Title 05 Housing and Community Development $78 $50 _____ _____ Title 07 Human Resources $80 $53 _____ _____ Title 08 Natural Resources $78 $51 _____ _____ Title 09 Labor, Licensing and Regulation $89 $60 _____ _____ Title 10 Health & Mental Hygiene (All parts) ** $272 $180 _____ _____ Title 10 Part 1 ** $48 $32 _____ _____ Title 10 Part 2 ** $75 $50 _____ _____ Title 10 Part 3 ** $75 $50 _____ _____ Title 10 Part 4 ** $50 $35 _____ _____ Title 10 Part 5 ** $69 $50 _____ _____ Title 11 Transportation (All parts) ** $106 $75 _____ _____ Title 11 Part 1 (Transportation) ** $42 $25 _____ _____ Title 11 Parts 2 & 3 (MVA)** $74 $50 _____ _____ Title 12 Public Safety and Correctional Services $67 $43 _____ _____

Title 13A Board of Education $63 $42 _____ _____ Title 13B Higher Education Commission $25 $15 _____ _____ Title 14 Independent Agencies $87 $60 _____ _____ Title 15 Agriculture $48 $30 _____ _____ Title 16 Juvenile Service $23 $15 _____ _____ Title 17 Budget and Management $28 $16 _____ _____ Title 18 Assessments and Taxation $20 $12 _____ _____

Title 19A State Ethics Commission $24 $14 _____ _____ Title 20 Public Service Commission $49 $32 _____ _____ Title 21 State Procurement Regulations $48 $30 _____ _____ Title 22 State Retirement and Pension System $22 $13 _____ _____ Title 23 Board of Public Works $18 $11 _____ _____ Title 24 Business and Economic Development $34 $20 _____ _____ Title 25 State Treasurer $16 $9 _____ _____ Title 26 Environment (All parts) ** $189 $125 _____ _____ Title 26 Part 1 ** $54 $35 _____ _____ Title 26 Part 2 ** $83 $52 _____ _____ Title 26 Part 3 ** $57 $38 _____ _____ Title 26 Part 4 ** $37 $24 _____ _____ Title 27 Critical Area Comm. for the Chesapeake and Atlantic Coastal Bays $18 $10 _____ _____ Title 28 Office of Administrative Hearings $16 $9 _____ _____ Title 29 State Police $30 $18 _____ _____ Title 30 MD Institute for Emergency Medical Services Systems $25 $17 _____ _____ Title 31 Maryland Insurance Administration $68 $45 _____ _____ Title 32 Aging $25 $15 _____ _____ Title 33 State Board of Elections $42 $25 _____ _____ Title 34 Planning $31 $18 _____ _____ Title 35 Veterans Affairs $16 $9 _____ _____

Individual Binders (COMAR PDF’s binders not included) $15 S & H $9.00 _____ _____ Total: _____

Prices are for single user license only ~ Multi-user licenses are available. Please call 410-260-3876 for pricing information. 1 Price is per copy of each Title 2 Subscription (optional) - Receive updated information quarterly. ~ If ordered, subscription quantities MUST match Title quantities. ** See the following pages for description of contents

COMAR PRINT ORDER FORM (8 ½ x 11 format) Titles Agency Name Price1 Subscription2 Quantity Total

Complete set of COMAR (includes binders) $1,400 $700 _____ _____ Title 01 Executive Department $47 $30 _____ _____ Title 02 Office of the Attorney General $31 $20 _____ _____ Title 03 Comptroller of the Treasury $41 $25 _____ _____ Title 04 General Services $23 $12 _____ _____ Title 05 Housing and Community Development $103 $70 _____ _____ Title 07 Human Resources $104 $70 _____ _____ Title 08 Natural Resources $102 $70 _____ _____ Title 09 Labor, Licensing and Regulation $116 $75 _____ _____ Title 10 Health & Mental Hygiene (All Parts)** $345 $230 _____ _____ Title 10 Part 1 ** $65 $40 _____ _____ Title 10 Part 2 ** $99 $70 _____ _____ Title 10 Part 3 ** $99 $70 _____ _____ Title 10 Part 4 ** $69 $42 _____ _____ Title 10 Part 5 ** $91 $62 _____ _____ Title 11 Transportation (All parts) ** $137 $85 _____ _____ Title 11 Part 1 (Transportation)** $55 $35 _____ _____ Title 11 Parts 2 & 3 (MVA) ** $102 $70 _____ _____ Title 12 Public Safety and Correctional Services $86 $55 _____ _____

Title 13A Board of Education $83 $60 _____ _____ Title 13B Higher Education Commission $34 $20 _____ _____ Title 14 Independent Agencies $112 $75 _____ _____ Title 15 Agriculture $63 $40 _____ _____ Title 16 Juvenile Service $32 $20 _____ _____ Title 17 Budget and Management $38 $25 _____ _____ Title 18 Assessments and Taxation $28 $18 _____ _____

Title 19A State Ethics Commission $33 $20 _____ _____ Title 20 Public Service Commission $64 $42 _____ _____ Title 21 State Procurement Regulations $65 $42 _____ _____ Title 22 State Retirement and Pension System $33 $18 _____ _____ Title 23 Board of Public Works $26 $15 _____ _____ Title 24 Business and Economic Development $47 $25 _____ _____ Title 25 State Treasurer $23 $12 _____ _____ Title 26 Environment (All parts) ** $241 $160 _____ _____ Title 26 Part 1 ** $72 $42 _____ _____ Title 26 Part 2 ** $109 $72 _____ _____ Title 26 Part 3 ** $76 $50 _____ _____ Title 26 Part 4 ** $51 $30 _____ _____ Title 27 Critical Area Comm. for the Chesapeake and Atlantic Coastal Bays $26 $15 _____ _____ Title 28 Office of Administrative Hearings $23 $12 _____ _____ Title 29 State Police $40 $22 _____ _____ Title 30 MD Institute for Emergency Medical Services Systems $34 $20 _____ _____ Title 31 Maryland Insurance Administration $90 $62 _____ _____ Title 32 Aging $34 $18 _____ _____ Title 33 State Board of Elections $57 $35 _____ _____ Title 34 Planning $42 $25 _____ _____ Title 35 Veterans Affairs $23 $12 _____ _____

Binders $15 S & H $9.00 _____ _____ Shipping & Handling Total: _________ Order Total: _____

1 Price is per copy of each Title Binder included with purchase of Title 2 Subscription (optional) - Receive updated information bi-annually ~ If ordered, subscription quantities MUST match Title quantities. ** See the following pages for description of contents

Shipping/Handling Publication Total Shipping $ 0-50 $15 $ 51-150 $20 $ 151-300 $25 $ 301-400 $35 $400 + please call Subscription Department. State agencies using courier, may omit

Note: COMAR prices are subject to change. Check the date on the lower right hand corner of this form. If the form is more than two months old, call the COMAR Subscription Manager (410-974-2486) to confirm prices. Fees are not refundable.



SPECIAL PUBLICATIONS

Publication / Handbook Print Price S & H Quantity Total

Preventive Maintenance Handbook (PM Handbook) $15 $5 _____ _____ Vehicle Inspection Handbook $40 $9 _____ _____ Forest Conservation Technical Manual 3rd Edition, 1997 $25 $9 _____ _____ Forest Conservation Law $20 $9 _____ _____ Control of Ionizing Radiation (including supplements up to 19) $130 $12 _____ _____ Total _____ If more than one quantity, shipping charges may vary, please call 410-260-3876 for pricing information.

Just In 26.12.01.01 Print Price S & H Quantity Total

Control of Ionizing Radiation supplements 18 & 19 ONLY $42 $9 _____ _____ If more than one quantity, shipping charges may vary, please call 410-260-3876 for pricing information.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Date ____________________________ Account Number _____________________________ Name________________________________________________________________________ Company_____________________________________________________________________ Address______________________________________________________________________ City______________________________State____________Zip_________________________ Tel.___________________________________ Fax___________________________________ Email: _______________________________________________________________________ _______ Check enclosed, made payable to Division of State Documents _______ Visa/Master Card/American Express/Discover card payment: Acct.#_________________________________________ Exp.____________

Signature __________________________Tel:_____________________________ Return form & payment to: Office of the Secretary of State, Division of State Documents ~ State House ~ Annapolis, MD 21401 ~ Tel: 410-260-3876 ~ 800-633-9657 ext. 3876 ~ Fax: 410-280-5647

CODE OF MARYLAND REGULATIONS

Titles 10, 11, and 26 consist of more than one volume. Each volume may be purchased separately.

Title 10 Department of Health and Mental Hygiene: Part & Subtitles

Part 1 01 Procedures 02 Division of Reimbursements 03 Health Statistics 04 Fiscal 05 Freestanding Ambulatory Care Facilities 06 Diseases 07 Hospitals 08 Health Facilities Grants Part 2 09 Medical Care Programs Part 3 10 Laboratories 11 Maternal and Child Health 12 Adult Health 13 Drugs 14 Cancer Control 15 Food 16 Housing 17 Sanitation 18 Human Immunodeficiency Virus (HIV) Infection and Acquired Immunodeficiency Syndrome (AIDS) 19 Dangerous Devices and Substances 20 Kidney Disease Program 21 Mental Hygiene Regulations 22 Developmental Disabilities Part 4 23 Advance Directive Registry 24 Maryland Health Care Commission 25 Maryland Health Care Commission 26 Board of Acupuncture 27 Board of Nursing 28 Board of Examiners in Optometry 29 Board of Morticians and Funeral Directors 30 Commission on Kidney Disease 31 Health Occupation Boards 32 Board of Physicians 33 Board of Examiners of Nursing Home Administrators 34 Board of Pharmacy 35 Postmortem Examiners Commission 36 Board of Examiners of Psychologists Part 5 37 Health Services Cost Review Commission 38 Board of Physical Therapy Examiners 39 Board of Nursing – Certified Nursing Assistants 40 Board of Podiatric Medical Examiners 41 Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists 42 Board of Social Work Examiners 43 Board of Chiropractic Examiners 44 Board of Dental Examiners 45 Maryland Community Health Resources Commission 46 Board of Occupational Therapy Practice 47 Alcohol and Drug Abuse Administration 48 Child Abuse and Neglect Medical Reimbursement Program 49 State Anatomy Board 50 Tissue Banks 51 Vacant 52 Preventive Medicine 53 Board of Nursing—Electrology Practice Committee 54 Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) 55 State Board of Spinal Cord Injury Research 56 Board of Dietetic Practice 57 Board for Certification of Residential Child Care Program Professionals 58 Board of Professional Counselors and Therapists 59 Catastrophic Health Emergencies

Title 11 Department of Transportation – Volume & Subtitles Volume 1 01 Office of the Secretary 02 Transportation Service Human Resources System 03 Maryland Aviation Administration 04 State Highway Administration 05 Maryland Port Administration 06 Mass Transit Administration 07 Maryland Transportation Authority 08 Vacant 09 Vacant 10 Vacant Volume 2 and Volume 3 11 Motor Vehicle Administration – Administrative Procedures 12 MVA – Licensing of Businesses and Occupations 13 MVA – Vehicle Equipment 14 MVA – Vehicle Inspections 15 MVA – Vehicle Registration 16 MVA – Vehicle Operations 17 MVA – Driver Licensing and Identification Documents 18 MVA – Financial Responsibility Requirements 19 MVA – School Vehicles 20 MVA – Motorcycle Safety Program 21 MVA – Commercial Motor Vehicles 22 MVA – Preventive Maintenance Program 23 MVA – Drivers’ Schools, Instructors, Driver Education Program Title 26 Department of the Environment – Part & Subtitles Part 1 01 General Provisions 02 Occupational, Industrial, and Residential Hazards 03 Water Supply, Sewerage, Solid Waste, and Pollution Control

Planning and Funding 04 Regulation of Water Supply, Sewage Disposal, and Solid Waste 05 Board of Well Drillers 06 Waterworks and Waste Systems Operators 07 Board of Environmental Sanitarians Part 2 08 Water Pollution 09 Maryland CO2 Budget Trading Program 10 Oil Pollution and Tank Management 11 Air Quality 12 Radiation Management Part 3 13 Disposal of Controlled Hazardous Substances 14 Hazardous Substance Response Plan 15 Disposal of Controlled Hazardous Substances ― Radioactive Hazardous Substances 16 Lead 17 Water Management 18 Susquehanna River Basin Commission Part 4 19 Oil and Gas Resources 20 Surface Coal Mining and Reclamation under Federally Approved Program 21 Mining 22 Coastal Facilities Review 23 Nontidal Wetlands 24 Tidal Wetlands 25 Ballast Water Management 26 Community Right-to-Know Fund 27 Hazardous Material Security

Last Updated 4/2010

Maryland Register Print and E-Version Order Form

The Maryland Register is a biweekly publication containing proposed, emergency, and final administrative regulations as well as other State government information. The Register serves as the temporary supplement to the Code of Maryland Regulations (COMAR). Any change to the text of regulations published in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

See separate Order Form for the Maryland Register Archive Issues from 1974 — 2010.

_____ $225 A single year of print 1st Class Mail Delivery.

_____ $190 A single-user annual eSubscription, which would provide a searchable pdf text file of each issue, emailed directly to one recipient’s email address.

_____ $130 Per additional user, per account subscription. Call 410-260-3876 for details.

Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland).

By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

Please order by faxing the completed form to: Fax: 410-280-5647

By mailing it to: Division of State Documents State House Annapolis, MD 21401

By email to:

[email protected]

By calling: 410-260-3876

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Business/Firm: ___________________________________________

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Billing Address: __________________________________________

_______________________________________________________

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Last updated on 1/2011

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eCOMAR Order Form

Name: __________________________________________________________________ Business Name: __________________________________________________________ Address: ________________________________________________________________ City: _______________________ State: ____________ Zip Code: ________________ Phone: __________________ Fax: _________________ Email: ______________________________________________ COMAR codification: ______________________ ;

(ex: 08.02.02*) ______________________ ;

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* Each codification entered is considered a separate document

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* For documents containing tables, maps, graphics etc. additional fees may apply. —————— • For additional information, please call 410-974-2486 ext. 3876 or 800-633-6957 ext. 3876 or email your questions and inquiries to: [email protected] • Please allow up to 2 business days for turnaround.

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Maryland Register Archive Order Form The Division of State Documents has created pdf files of all the Maryland

Register issues since 1974. The issues from 1974—2003 are scanned images in pdf format of the actual Register and, as such, are not searchable, while the issues beginning with 2004 are searchable text in pdf format.

Single issues of the Maryland Register from 1974—present

_____ $10 Per issue of the Register from 1974—present via emailed pdf file. Please specify Issue(s): _______________________________________

_____ $15 Per issue of the Maryland Register from 1974—present via mailed hard-copy Please specify Issue(s): _______________________________________ An archival library of all Maryland Register issues from 1974—2003:

_____ $375 2 DVDs (1974 — 2010)

_____ $50 One year of the Maryland Register from 1974—2003 (unsearchable): Please specify Year(s): ______________________________

_____ $100 A single year of issues from 2004 forward will be available in January of the year following their publication. These will be searchable, on CD. Please specify: 2004 2005 2006 2007 2008 2009 2010

Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland).

By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

Please order by faxing the completed form to: Fax: 410-280-5647

By mailing it to: Division of State Documents State House Annapolis, MD 21401

By email to:

[email protected]

Business/Firm: ___________________________________________

Name: __________________________________________________

Billing Address: __________________________________________

_______________________________________________________

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1/2011

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