Issue Date: February 10, 2012 3 • Page 310msa.maryland.gov/.../014625/unrestricted/20120461e.pdf · Contents 235 MARYLAND REGISTER, VOLUME 39, ISSUE 3, FRIDAY, FEBRUARY 10, 2012

IN THIS ISSUE

General Assembly

Judiciary

Regulations

Errata

Special Documents

General Notices

Volume 39 • Issue 3 • Pages 233—310

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before January 23, 2012, 5 p.m. Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I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 January 23, 2012.

Brian Morris Acting Administrator, Division of State Documents

Office of the Secretary of State

Issue Date: February 10, 2012

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.

SUBSCRIPTION INFORMATION

For subscription forms for the Maryland Register and COMAR, see

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

Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN

THE REGULATION-MAKING PROCESS

Maryland citizens and other interested persons may participate in

the process by which administrative regulations are adopted,

amended, or repealed, and may also initiate the process by which the

validity and applicability of regulations is determined. Listed below

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

are to State Government Article (SG),

Annotated Code of Maryland):

• By submitting data or views on proposed regulations either orally

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

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

Proposed Action on Regulations section of the Maryland Register).

(See SG, §10-112)

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

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

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

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

applies. (SG, Title 10, Subtitle 3)

• By petitioning the circuit court for a declaratory judgment

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

interferes with or impairs the legal rights or privileges of the

petitioner. (SG, §10-125)

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

Division of State Documents for publication in the Maryland

Register. (See SG, §7-213)

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

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

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

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

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

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 235

MARYLAND REGISTER, VOLUME 39, ISSUE 3, FRIDAY, FEBRUARY 10, 2012

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

Maryland Register .................................................................... 237

COMAR Research Aids Table of Pending Proposals .......................................................... 238

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

03 Comptroller of the Treasury .............................................. 261

05 Department of Housing and Community Development .... 258

07 Department of Human Resources ............................. 258, 262

08 Department of Natural Resources ..................................... 256

09 Department of Labor, Licensing, and

Regulation ...................................................... 256, 258, 272

10 Department of Health and Mental Hygiene ...... 257, 259, 274

14 Independent Agencies ....................................................... 298

20 Public Service Commission ...................................... 257, 260

31 Maryland Insurance Administration ................................. 260

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.

General Assembly

SYNOPSIS NO. 2 .................................................................. 241

The Judiciary

ADMINISTRATIVE OFFICE OF THE COURTS COURT-APPOINTED SPECIAL ADVOCATE (CASA)

GRANTS Notice of Funding Availability ...................................... 249

COURT APPOINTED SPECIAL ADVOCATE (CASA)

PLANNING GRANTS Notice of Funding Availability ...................................... 249

SPECIAL PROJECT GRANTS Notice of Funding Availability ...................................... 249

ADMINISTRATIVE MEMORANDUM 12-1

ADMINISTRATIVE REGULATION XIX — COST

SCHEDULE, DCAR XIX .............................................. 249 COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ................................... 253 SCHEDULE ...................................................................... 253

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

15, 2012 .......................................................................... 253

Emergency Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES FISHERIES SERVICE

Oysters ............................................................................... 256 09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION COMMISSIONER OF FINANCIAL REGULATION

Foreclosure Procedures for Residential Property ............... 256

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE MARYLAND HEALTH CARE COMMISSION

State Health Plan for Facilities and Services: Specialized

Health Care Services — Cardiac Surgery and Percutaneous

Coronary Intervention Services ...................................... 257 20 PUBLIC SERVICE COMMISSION

RENEWABLE ENERGY PORTFOLIO STANDARD

PROGRAM Certifiable Renewable Energy Facilities ........................... 257

Final Action on Regulations

05 DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT COMMUNITY LEGACY

Community Legacy Program ......................................................... 258 Designation of Sustainable Community ............................ 258

07 DEPARTMENT OF HUMAN RESOURCES SOCIAL SERVICES ADMINISTRATION

Child Protective Services — Investigation of Child Abuse and

Neglect ........................................................................... 258 Guardianship Assistance Program ..................................... 258

09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION RACING COMMISSION

General .............................................................................. 258 DIVISION OF LABOR AND INDUSTRY

Maryland Occupational Safety and Health Act —

Incorporation by Reference of Federal Standards........... 259 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

BOARD OF ACUPUNCTURE General Regulations .......................................................... 259 Rules of Procedure for Board Hearings ............................. 259

BOARD OF EXAMINERS OF PSYCHOLOGISTS Disciplinary Sanctions and Monetary Penalties ................ 259

COMMISSION ON CRIMINAL SENTENCING POLICY Criminal Offenses and Seriousness Categories ................. 259

20 PUBLIC SERVICE COMMISSION SERVICE SUPPLIED BY ELECTRIC COMPANIES

General Provisions ............................................................ 260 Net Metering ..................................................................... 260

31 MARYLAND INSURANCE ADMINISTRATION INSURANCE PRODUCERS AND OTHER INSURANCE

PROFESSIONALS Surplus Lines ..................................................................... 260

Proposed Action on Regulations

03 COMPTROLLER OF THE TREASURY ADMISSIONS AND AMUSEMENT TAX

Admissions and Amusement Tax ...................................... 261 07 DEPARTMENT OF HUMAN RESOURCES

SOCIAL SERVICES ADMINISTRATION Adoption ............................................................................ 262

CHILD SUPPORT ENFORCEMENT ADMINISTRATION General Information .......................................................... 272


REGULATION ELEVATOR SAFETY REVIEW BOARD

Qualifications .................................................................... 272 Scope of Practice ............................................................... 272

Contents 236


10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE FORENSIC LABORATORIES

General .............................................................................. 274 Responsibilities, Accreditations, and Audits ..................... 274 Licenses and Fees .............................................................. 274 Proficiency Testing ............................................................ 274 Quality Assurance .............................................................. 274 Employees ......................................................................... 274 Sanctions............................................................................ 274

14 INDEPENDENT AGENCIES STATE LOTTERY AGENCY

Introduction ....................................................................... 298 Facility Standards .............................................................. 298 Video Lottery Facility Minimum Internal Control

Standards ........................................................................ 298 Voluntary Exclusion and Responsible Gaming ................. 298

Errata

COMAR 08.18.39 .................................................................. 301 COMAR 09.39.01 .................................................................. 301 COMAR 09.40.01 .................................................................. 301

Special Documents

DEPARTMENT OF THE ENVIRONMENT SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water ...... 302 WATER MANAGEMENT ADMINISTRATION

NOTICE OF TENTATIVE DETERMINATION General Permit for Discharges from Seafood Processing

Facilities .................................................................. 305 NOTICE OF FINAL DETERMINATION

General Permit for Discharges from Tanks, Pipes and

Other Liquid Containment Structures at Facilities

Other Than Oil Terminals ....................................... 306 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Administration-Sponsored Capital Program Planning for

Mental Health, Addictions, and Developmental Disabilities

Facilities ......................................................................... 306 Administration-Sponsored Capital Program Planning for

Federally Qualified Health Centers ................................. 306

General Notices

BOARD OF ARCHITECTS Public Meeting ................................................................... 308

MARYLAND STATE ARTS COUNCIL Public Meeting ................................................................... 308 Public Meeting ................................................................... 308

BOARD OF AUDIOLOGISTS, HEARING AID

DISPENSERS, AND SPEECH-LANGUAGE

PATHOLOGISTS Public Meeting ................................................................... 308

BOARD OF BARBERS Public Meeting ................................................................... 308

ADVISORY COUNCIL ON CEMETERY OPERATIONS Public Meeting ................................................................... 308

BOARD FOR THE CERTIFICATION OF RESIDENTIAL

CHILD CARE PROGRAM ADMINISTRATORS Public Meeting ................................................................... 308

CONSUMER COUNCIL OF MARYLAND Public Meeting ................................................................... 308

BOARD OF COSMETOLOGISTS Public Meeting ................................................................... 308

GOVERNOR‘S OFFICE OF CRIME CONTROL AND

PREVENTION Public Meeting .................................................................. 308 Public Meeting .................................................................. 308

MARYLAND STATE BOARD OF EDUCATION Public Meeting .................................................................. 308

BOARD OF EXAMINING ENGINEERS Public Meeting .................................................................. 308

DEPARTMENT OF THE ENVIRONMENT Public Meeting .................................................................. 308

COMMISSIONER OF FINANCIAL REGULATION Receipt of Application....................................................... 309

DEPARTMENT OF HEALTH AND MENTAL

HYGIENE/MARYLAND BOARD OF PHYSICIANS Public Meeting .................................................................. 309

BOARD OF HEATING, VENTILATION, AIR-

CONDITIONING, AND REFRIGERATION

CONTRACTORS (HVACR) Public Meeting .................................................................. 309

DIVISION OF LABOR AND INDUSTRY/BOARD OF

BOILER RULES Public Meeting .................................................................. 309

MARYLAND STATE LOTTERY COMMISSION Public Meeting .................................................................. 309

MARYLAND HEALTH CARE COMMISSION Public Meeting .................................................................. 309 Formal Start of Review ..................................................... 309 Receipt of Application....................................................... 310 Receipt of Application....................................................... 310

MINORITY BUSINESS ENTERPRISE ADVISORY

COMMITTEE Public Meeting .................................................................. 310

PROCUREMENT ADVISORY COUNCIL (PAC) Public Meeting .................................................................. 310

BOARD OF PUBLIC ACCOUNTANCY Public Meeting .................................................................. 310

RACING COMMISSION Public Meeting .................................................................. 310

MARYLAND TRANSPORTATION AUTHORITY Public Meeting .................................................................. 310

WORKERS‘ COMPENSATION COMMISSION Public Meeting .................................................................. 310

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 237


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.

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.

238


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

03.01.02.02,.05 • 39:1 Md. R. 22 (1-13-12)

03.04.01.01 • 39:1 Md. R. 22 (1-13-12)

03.04.02.06 • 39:1 Md. R. 22 (1-13-12)

03.06.02.06 • 39:3 Md. R. 261 (2-10-12)

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

05.11.01.03,.08 • 38:26 Md. R. 1699 (12-16-11)

07 DEPARTMENT OF HUMAN RESOURCES

07.02.09.01—.08 • 39:2 Md. R. 145 (1-27-12)

07.02.10.01—.21 • 38:26 Md. R. 1700 (12-16-11)

07.02.12.01—.21 • 39:3 Md. R. 262 (2-10-12)

07.02.25.01,.02,.04—.10,.12—.24 • 38:26 Md. R. 1706 (12-16-11)

07.07.02.05 • 39:3 Md. R. 272 (2-10-12)

08 DEPARTMENT OF NATURAL RESOURCES

08.02.01.05 • 39:1 Md. R. 23 (1-13-12)

08.02.03.14 • 39:2 Md. R. 145 (1-27-12)

08.02.04.12• 39:2 Md. R. 147 (1-27-12)

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

08.02.05.20• 39:2 Md. R. 148 (1-27-12)

08.02.13.02,.03,.05—.08 • 38:27 Md. R. 1766 (12-30-11)

08.07.07.02 • 39:1 Md. R. 24 (1-13-12) (ibr)


REGULATION

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

09.08.06.01,.02 • 38:26 Md. R. 1717 (12-16-11)

09.10.01.28• 39:2 Md. R. 149 (1-27-12)

09.10.03.01,.04,.08 • 38:25 Md. R. 1600 (12-2-11)

09.11.02.01,.02 • 38:27 Md. R. 1770 (12-30-11)

09.12.20.15• 39:2 Md. R. 149 (1-27-12)

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

39:2 Md. R. 150 (1-27-12) (ibr)

09.13.08.02—.15 • 38:26 Md. R. 1719 (12-16-11)

09.19.07.01• 39:2 Md. R. 153 (1-27-12)

09.20.01.03 • 39:1 Md. R. 26 (1-13-12)

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

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

09.24.01.09 • 39:2 Md. R. 154 (1-27-12)

09.24.01.10 • 39:2 Md. R. 155 (1-27-12)

09.28.03.03• 39:2 Md. R. 156 (1-27-12)

09.32.01.18-1 • 39:1 Md. R. 27 (1-13-12)

09.32.01.18-3 • 39:1 Md. R. 28 (1-13-12)

09.35.02.01—.03 • 39:3 Md. R. 272 (2-10-12)

09.35.03.01,.02 • 39:3 Md. R. 272 (2-10-12)

09.36.03.01• 39:2 Md. R. 157 (1-27-12)

09.38.01.01,.02,.05 • 38:25 Md. R. 1603 (12-2-11)

09.38.02.01—.05 • 38:25 Md. R. 1605 (12-2-11)

09.39.01 • 39:3 Md. R. 301 (2-10-12) (err)

09.39.01.01• 39:2 Md. R. 158 (1-27-12)

09.40.01 • 39:3 Md. R. 301 (2-10-12) (err)

09.40.01.01,.02• 39:2 Md. R. 159 (1-27-12)

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)

10.05.01.02,.08 • 39:2 Md. R. 160 (1-27-12)

10.07.01.01,.22,.24 • 39:2 Md. R. 160 (1-27-12)

Subtitle 09 (2nd Volume)

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

PENDING PROPOSALS

239


10.09.08.04 • 38:26 Md. R. 1722 (12-16-11)

10.09.08.06—13 • 38:26 Md. R. 1723 (12-16-11)

10.09.12.01,.04 • 39:1 Md. R. 28 (1-13-12)

10.09.12.03 • 38:25 Md. R. 1607 (12-2-11)

10.09.12.07 • 39:1 Md. R. 29 (1-13-12)

10.09.18.04 • 39:1 Md. R. 30 (1-13-12)

10.09.18.07 • 39:1 Md. R. 31 (1-13-12)

10.09.18.03 • 38:25 Md. R. 1607 (12-2-11)

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

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

10.09.32.01—.06 • 39:1 Md. R. 31 (1-13-12)

10.09.37.01—.15 • 38:27 Md. R. 1771 (12-30-11)

10.09.56.01,.02,.04—.08,.21,.24 • 39:1 Md. R. 36 (1-13-12)

10.09.58.01,.02,.04—.06,.10 • 38:27 Md. R. 1771 (12-30-11)

10.09.64.02• 39:2 Md. R. 161 (1-27-12)

10.09.65.19,.19-3 • 39:1 Md. R. 38 (1-13-12)

10.09.76.14 • 39:1 Md. R. 38 (1-13-12)

10.09.81.01—.46• 39:2 Md. R. 162 (1-27-12)

Subtitles 10 — 22 (3rd Volume)

10.10.01.03• 39:2 Md. R. 177 (1-27-12)

10.10.02.01• 39:2 Md. R. 177 (1-27-12)

10.10.03.02• 39:2 Md. R. 177 (1-27-12)

10.10.06.02,.04,.12• 39:2 Md. R. 177 (1-27-12)

10.12.01.01—.20 • 39:1 Md. R. 46 (1-13-12)

10.15.04.02,.04,.05,.07—.09,.14,.16,.17,.19,.20,

.22 • 38:26 Md. R. 1723 (12-16-11)

10.15.12.01—.03 • 38:26 Md. R. 1725 (12-16-11)

10.22.14.01—.12 • 39:2 Md. R. 178 (1-27-12)

Subtitles 23 — 36 (4th Volume)

10.24.17.01 • 38:27 Md. R. 1775 (12-30-11) (ibr)

39:1 Md. R. 74 (1-13-12) (err)

10.27.21.02—.09 • 38:27 Md. R. 1775 (12-30-11)

10.27.26.01—.07 • 39:2 Md. R. 181 (1-27-12)

10.28.02.05 • 39:1 Md. R. 52 (1-13-12)

10.32.06.01,.04 • 38:26 Md. R. 1726 (12-16-11)

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)

10.34.14.01—.07 • 39:2 Md. R. 188 (1-27-12)

10.34.18.01-1 • 39:2 Md. R. 189 (1-27-12)

10.34.23.07,.08 • 38:26 Md. R. 1726 (12-16-11)

10.34.28.01,.02,.04—.14 • 38:25 Md. R. 1611 (12-2-11)

Subtitles 37—59 (5th Volume)

10.37.10.07-1• 39:2 Md. R. 189 (1-27-12)

10.38.01.04 • 39:1 Md. R. 52 (1-13-12)

10.38.06.03 • 39:1 Md. R. 52 (1-13-12)

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

10.40.11.01—.05 • 39:2 Md. R. 190 (1-27-12)

10.41.03.06 • 39:1 Md. R. 53 (1-13-12)

10.41.13.01—.06 • 39:2 Md. R. 193 (1-27-12)

10.42.09.01—.06 • 38:27 Md. R. 1779 (12-30-11)

10.43.16.01—.06• 39:2 Md. R. 195 (1-27-12)

10.44.06.02 • 38:25 Md. R. 1615 (12-2-11)

10.44.07.02,.05—.34 • 38:26 Md. R. 1727 (12-16-11)

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

10.46.02.03,.04 • 39:1 Md. R. 54 (1-13-12)

10.46.07.01—.06• 39:2 Md. R. 200 (1-27-12)

10.51.01.01—.04 • 39:3 Md. R. 274 (2-10-12) (ibr)

10.51.02.01—.03 • 39:3 Md. R. 274 (2-10-12)

10.51.03.01—.04 • 39:3 Md. R. 274 (2-10-12)

10.51.04.01—.03 • 39:3 Md. R. 274 (2-10-12)

10.51.05.01—.17 • 39:3 Md. R. 274 (2-10-12)

10.51.06.01—.17 • 39:3 Md. R. 274 (2-10-12)

10.51.07.01—.05 • 39:3 Md. R. 274 (2-10-12)

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)

10.56.09.01—.06• 39:2 Md. R. 206 (1-27-12)

11 DEPARTMENT OF TRANSPORTATION

11.12.09.01,.02,.04—.07• 39:2 Md. R. 207 (1-27-12)

12 DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES

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)

38:26 Md. R. 1730 (12-16-11)

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)

38:27 Md. R. 1786 (12-30-11) (err)

13A STATE BOARD OF EDUCATION

13A.01.05.02• 39:2 Md. R. 209 (1-27-12)

13A.04.07.01—.06 • 38:26 Md. R. 1732 (12-16-11)

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

13A.12.01.03 • 38:26 Md. R. 1733 (12-16-11)

13A.12.02.06—.11,.14,.15,.17,.28• 39:2 Md. R. 210 (1-27-12)

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

38:26 Md. R. 1734 (12-16-11)

13A.12.05.02,.03 • 38:26 Md. R. 1733 (12-16-11)

13A.14.06.02,.03,.09 • 39:2 Md. R. 212 (1-27-12)

13B MARYLAND HIGHER EDUCATION COMMISSION

13B.02.03.01,.02,.03—.14,.16—.34 • 39:1 Md. R. 54 (1-13-12)

14 INDEPENDENT AGENCIES

14.01.01.02 • 39:3 Md. R. 298 (2-10-12)

14.01.13.03 • 39:3 Md. R. 298 (2-10-12)

14.01.14.17,.47 • 39:3 Md. R. 298 (2-10-12)

14.01.16.03,.04,.08,.09,.11 • 39:3 Md. R. 298 (2-10-12)

14.06.03.02,.05,.07 • 39:1 Md. R. 68 (1-13-12)

14.09.01.06,.06-1 • 38:27 Md. R. 1781 (12-30-11)

14.09.01.19• 39:2 Md. R. 212 (1-27-12)

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

14.09.03.03 • 38:26 Md. R. 1735 (12-16-11)

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)

15 DEPARTMENT OF AGRICULTURE

15.14.12.02• 39:2 Md. R. 213 (1-27-12)

PENDING PROPOSALS

240


20 PUBLIC SERVICE COMMISSION

20.61.02.01 • 38:27 Md. R. 1782 (12-30-11)

21 STATE PROCUREMENT REGULATIONS

21.01.03.03,.08 • 38:26 Md. R. 1737 (12-16-11)

21.05.08.10 • 38:26 Md. R. 1737 (12-16-11)

21.07.01.26 • 38:26 Md. R. 1737 (12-16-11)

21.07.03.26 • 38:26 Md. R. 1737 (12-16-11)

21.11.07.01,.09,.10,.11 • 38:26 Md. R. 1737 (12-16-11)

21.11.07.01,.12 • 38:26 Md. R. 1739 (12-16-11)

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

21.13.01.14 • 38:26 Md. R. 1737 (12-16-11)

24 DEPARTMENT OF BUSINESS AND ECONOMIC

DEVELOPMENT

24.05.26.08• 39:2 Md. R. 215 (1-27-12)

26 DEPARTMENT OF THE ENVIRONMENT

Subtitles 08—12 (Part 2)

26.08.02.03-3 • 39:1 Md. R. 69 (1-13-12)

26.09.01.02• 39:2 Md. R. 215 (1-27-12)

26.09.02.05—.09• 39:2 Md. R. 215 (1-27-12)

26.09.04.03,.05• 39:2 Md. R. 215 (1-27-12)

Subtitles 13—18 (Part 3)

26.11.01.01 • 38:25 Md. R. 1645 (12-2-11)

38:25 Md. R. 1647 (12-2-11)

26.11.01.04 • 38:25 Md. R. 1648 (12-2-11)

26.11.02.01 • 38:25 Md. R. 1645 (12-2-11)

26.11.02.13• 39:2 Md. R. 218 (1-27-12)

26.11.06.12 • 38:25 Md. R. 1647 (12-2-11)

26.11.06.14 • 38:25 Md. R. 1645 (12-2-11)

26.11.08.01,.02,.08-1,.08-2 • 38:25 Md. R. 1651 (12-2-11)

26.11.19.02 • 38:25 Md. R. 1648 (12-2-11)

26.11.19.23 • 38:25 Md. R. 1659 (12-2-11)

26.16.01.02,.03,.11 • 38:27 Md. R. 1783 (12-30-11)

26.16.02.03,.07 • 38:27 Md. R. 1783 (12-30-11)

26.16.05.08 • 38:27 Md. R. 1783 (12-30-11)

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

27 CRITICAL AREA COMMISSION FOR THE

CHESAPEAKE AND ATLANTIC COASTAL BAYS

27.01.01.01 • 38:26 Md. R. 1740 (12-16-11)

27.01.09 • 39:1 Md. R. 74 (1-13-12) (err)

27.01.09.01—.01-8 • 38:26 Md. R. 1740 (12-16-11)

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL

SERVICES SYSTEMS (MIEMSS)

30.01.02.01 • 39:1 Md. R. 71 (1-13-12) (ibr)

31 MARYLAND INSURANCE ADMINISTRATION

31.05.01.06 • 39:1 Md. R. 72 (1-13-12)

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

31.10.18.02—.15 • 39:2 Md. R. 219 (1-27-12)

31.10.19.01,.02,.04,.06,.07• 39:2 Md. R. 221 (1-27-12)

31.10.29.02,.03 • 39:2 Md. R. 222 (1-27-12)

31.12.01.12 • 39:1 Md. R. 72 (1-13-12)

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

31.12.08.04,.06• 39:2 Md. R. 223 (1-27-12)

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)

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

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

33.13.11.01—.04 • 38:26 Md. R. 1746 (12-16-11)

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

34 DEPARTMENT OF PLANNING

34.04.09.08 • 38:25 Md. R. 1669 (12-2-11)

241


The General Assembly For additional up-to-date information concerning bills introduced in the General Assembly, log on to http://mlis.state.md.us Click on Bill

Information and Status. You may then enter a specific bill number for information about that bill. You may also click on Senate Synopsis or

House Synopsis for the most recent synopsis list for each house, or click on Synopsis Index for a listing of all bill synopses since the beginning

of the legislative session.

SYNOPSIS NO. 2

House Bills

HB0064 Del Beidle, et al. Creation of a State Debt - Anne Arundel

County - Hospice of the Chesapeake Renovation Phase 1.

HB0065 Dels Jameson and Minnick. Injured Workers‘ Insurance

Fund - Cancellation of Policies - Failure to Pay a Premium.

HB0066 Del Krebs. Public Health - Glucose Testing - Permit.

HB0067 Del S. Robinson, et al. Vehicle Laws - Nonfunctioning

Traffic Control Signals - Requirement to Stop.

HB0068 Dels Rosenberg and Hubbard. Medical Treatment - Youth

- Registered Nurses, Physician Assistants, and Licensed Clinical

Social Workers.

HB0069 Del Kach. Property Tax - Assessment Appeal - Time Limit

for Determination.

HB0070 Del Kach. State Board of Morticians and Funeral Directors

- Examinations of Applicants and Licensees.

HB0071 Del Morhaim. Family Security Trust Fund - Requirement

to Transfer Interest to the General Fund - Exemption.

HB0072 The Spkr (DLS). State Board for Certification of

Residential Child Care Program Professionals - Sunset Extension and

Program Evaluation.

HB0073 The Spkr (DLS). State Board of Social Work Examiners -

Sunset Extension and Program Evaluation.

HB0074 The Spkr (DLS). Occupational and Professional Licensing

Design Boards - Sunset Provisions and Program Evaluation.

HB0075 Del Braveboy. Residential Property - Condominium Unit

Owners or Lot Owners - Provision of Disclosure Documents.

HB0076 Del Braveboy. Real Property - Common Ownership

Communities - Dispute Settlement Mechanism.

HB0077 Del Braveboy. Real Property - Condominiums and

Homeowners Associations - Foreclosure of Certain Liens Prohibited.

HB0078 Del Braveboy. Condominiums and Homeowners

Associations - Payments Under Protest.

HB0079 Del Braveboy. Real Property - Condominiums and

Homeowners Associations - Governing Bodies.

HB0080 Del Eckardt, et al. Criminal Law - Shelter and Weather

Protection Requirement - Bison Exemption.

HB0081 Del Braveboy, et al. Real Property - Homeowners

Associations - Election of Governing Body.

HB0082 Del W. Miller, et al. State Government - E-Verify

Program.

HB0083 Del Hixson, et al. Property Tax - Charter Counties -

Limits.

HB0084 Del Griffith (Chr Jt Com on Pnsns). State Retirement and

Pension System - Reemployment of Retirees - Exemptions.

HB0085 The Spkr (Admin). Budget Bill (Fiscal Year 2013).

HB0086 The Spkr (Admin). Creation of a State Debt - Maryland

Consolidated Capital Bond Loan of 2012, and the Maryland

Consolidated Capital Bond Loans of 2005, 2006, 2007, 2008, 2009,

2010, and 2011.

HB0087 The Spkr (Admin). Budget Reconciliation and Financing

Act of 2012.


Pension System - Medical Board Participation.

HB0089 Del Stifler, et al. Public Safety - Elevators - Lift Mechanic

License.

HB0090 Del Aumann, et al. Election Law - Baltimore County

Republican Party Central Committee - Election of Chairman.

HB0091 Del W. Miller, et al. Labor and Employment - Labor

Organizations - Right to Work.

HB0092 Dels Simmons and Dumais. Domestic Violence - Shielding

- Complete Removal of Information from Public Web Site.

HB0093 The Spkr (Admin). Creation of a State Debt - Qualified

Zone Academy Bonds.

HB0094 Del Haddaway-Riccio, et al. Vehicle Laws - Special and

Commemorative Registration Plates.

HB0095 Dels Anderson and McDermott. Criminal Procedure -

District Court Commissioners - Arrest Warrants.

HB0096 Del Anderson, et al. Criminal Procedure - Probation

Before Judgment - Subsequent Controlled Dangerous Substance

Crime.

HB0097 Del Anderson (BCA). Baltimore City - Hotel Room Tax -

Convention Center Promotion.

HB0098 Del Griffith (Chr Jt Com on Pnsns). Teachers‘ Retirement

and Pension Systems - Reemployment of Retirees - Maryland School

for the Deaf Exemption.

HB0099 Del Kipke. Health - Semipermanent Food Service

Facilities - Regulations.

HB0100 Del Pena-Melnyk. Vital Records - Certificates of Death -

Amendments to Cause of Death.

HB0101 Del Pena-Melnyk, et al. Health - General - Posthumous

Use of Donor Sperm and Eggs.

HB0102 Del Aumann, et al. State Government - Commemorative

Month - German-American Heritage Month.

HB0103 Del Pena-Melnyk, et al. Maryland Medical Assistance

Program - Independent Foster Care Adolescents - Age of Eligibility.

HB0104 Dels Malone and Kach. Motor Vehicles - Use of Wireless

Communication Device - Prohibited Acts, Enforcement, and

Penalties.

HB0105 Del McConkey. Anne Arundel County Board of Education

- Selection of Members - Straw Ballot.

HB0106 Del McConkey. Anne Arundel County Board of Education

- Appointed Members Subject to Contested Elections.

HB0107 Del Hubbard, et al. Public Health - Child Care Products

Containing Flame Retardant Chemicals (TRIS) - Prohibition.

HB0108 Del Luedtke, et al. Vehicle Laws - Stopping, Standing, and

Parking - Plug-In Vehicles.

HB0109 Del Vitale. Public Safety - Elevator Safety Review Board -

Membership.

HB0110 Del Barkley. Alcoholic Beverages - Follow-Up Criminal

History Records Checks.

HB0111 Del Anderson, et al. Criminal Law - Failure to Return

Rental Vehicle - Repeal.

HB0112 Del McDermott. Criminal Procedure - Public Defender -

Representation.

HB0113 Del Kipke, et al. Election Law - Polling Places - Proof of

Identity.

HB0114 Dels Jameson and Minnick. Subsequent Injury Fund and

Uninsured Employers‘ Fund - Assessments on Settlement

Agreements.

HB0115 Del Jameson, et al. Criminal Procedure - Warrantless

Arrests - Theft Crimes.

HB0116 Dels Kipke and George. Blind Industries and Services -

Procurement Preference - Exception.

http://mlis.state.md.us/

THE GENERAL ASSEMBLY

242


HB0117 Del Mitchell, et al. State Commission on Criminal

Sentencing Policy - Annual Report - Reporting Date.

HB0118 Del Anderson (BCA). Education - Retiree Health Savings -

Maintenance of Effort.

HB0119 Del McDermott, et al. Criminal Procedure - Misdemeanors

- Citations.

HB0120 Del Sophocleus, et al. Maryland Income Tax Refund -

Anne Arundel County - Warrants.

HB0121 Del Beitzel. Dedicated Funds - Prohibition of Transfer -

Chesapeake and Atlantic Coastal Bays 2010 Trust Fund and Bay

Restoration Fund.

HB0122 Del Aumann, et al. Crimes - Death or Disappearance of

Minor - Required Reporting and Prohibited Acts (―Caylee‘s Law‖).

HB0123 Del Clagett. Vehicle Laws - Wireless Communication

Devices - Enforcement of Prohibitions on Use While Driving.

HB0124 Frederick County Delegation. Frederick County - Public

Facilities Bonds.

HB0125 Frederick County Delegation. Frederick County - Property

Tax Credit - Job Creation by Small Businesses.

HB0126 Del Beidle, et al. Maryland Condominium Act - Right of

Entry to Investigate Damage and Make Repairs.

HB0127 Del Luedtke, et al. Maryland Referendum Integrity Act.

HB0128 Del Arora, et al. Taxes - Electing Small Business Trusts

State Tax Loophole Elimination Act.

HB0129 Caroline County Delegation. Caroline County - Deer

Hunting on Private Property - Sundays.

HB0130 Del Arora, et al. Laser Safety Act.

HB0131 Del Kipke, et al. Retail Pet Stores - Sales of Dogs -

Required Records, Health Disclosures, and Purchaser Remedies.

HB0132 Dels W. Miller and Bates. State Highway Administration -

Roundabouts - Displaying Flag of the United States.

HB0133 Carroll County Delegation. Carroll County - Gaming.

HB0134 Carroll County Delegation. Carroll County - Archery

Hunting - Safety Zone.

HB0135 Carroll County Delegation. Carroll County - Board of

Elections - Membership.

HB0136 Carroll County Delegation. Carroll County - Property Tax

Credit for Housing Units at Independent Living Retirement

Communities.

HB0137 Del Frick. Vehicle Laws - Death of Joint Vehicle Owner -

Certificate of Title Fee.

HB0138 Carroll County Delegation. Carroll County - Polling Places

- Electioneering Boundaries.

HB0139 Carroll County Delegation. Carroll County - Election Law

- Early Voting Centers.

HB0140 Del Hough, et al. Department of Public Safety and

Correctional Services - Annual Report on Effectiveness of Programs

for Offenders.

HB0141 Del Feldman. Life Sciences Advisory Board - Purpose and

Membership.

HB0142 Del Beitzel. Garrett County - Alcoholic Beverages -

Follow-Up Criminal History Records Checks.

HB0143 Del Beitzel. Garrett County - Salary Study Commission -

Membership.

HB0144 Del Eckardt, et al. Dorchester County - Turkey Hunting on

Private Property - Sundays.

HB0145 Frederick County Delegation. Frederick County - Adult

Detention Center - Processing and Administrative Fees.

HB0146 Del Krebs, et al. Transportation Trust Fund Protection Act.


County - YWCA Counseling and Community Service Building

Renovation.


County - Samaritan House Addition.

HB0149 Del Beidle, et al. Mopeds and Motor Scooters - Titling,

Registration, Insurance, and Required Use of Protective Headgear.

HB0150 Allegany County Delegation. Allegany County -

Solicitation of Money or Donations from Occupants of Vehicles -

Prohibitions and Permit Program.

HB0151 Frederick County Delegation. Frederick County - Slot

Machines for Nonprofit Organizations.

HB0152 Del Hammen, et al. Creation of a State Debt - Baltimore

City - Patterson Park Public Charter School Facade Restoration.

HB0153 Del Hammen, et al. Creation of a State Debt - Baltimore

City - Meals on Wheels Green Building.

HB0154 Del Afzali, et al. Estate Tax - Exclusion of Qualified

Agricultural Property.

HB0155 Del Beidle. Homeowners Associations - Adoption of Rules

- Notice to Lot Owners.

HB0156 Del Beidle. Real Property - Condominiums - Rescission of

Sales Contracts.

HB0157 Del George, et al. Creation of a State Debt - Anne Arundel

County - Sprinkler Assistance Revolving Fund.

HB0158 Dels Beidle and Vitale. Property Tax - High Performance

Building Tax Credit - National Green Building Standards.

HB0159 Del Afzali, et al. Agriculture - Maryland Standard of

Identity for Honey.

HB0160 Del Niemann, et al. Motor Vehicles - Towing Practices and

Procedures.

HB0161 Del George, et al. Courts and Judicial Proceedings - Circuit

Court for Anne Arundel County - Fees for Appearance of Counsel.


Pension System - Administrative and Operational Expenses -

Certifications and Notifications.

HB0163 Del Arora. Motor Vehicles - Prohibition on Use of Text

Messaging Device While Driving - Exceptions.

HB0164 Del Rosenberg. Family Law - Marriage Licenses and

Ceremonies.

HB0165 Del Stukes, et al. State Government - Commemorative

Days - Juneteenth National Freedom Day.

HB0166 Del Stukes, et al. Maryland Transit Administration - Audio

and Video Recording Devices on Vehicles Used for Transit Service.

HB0167 Del Hucker, et al. Agriculture - Commercial Feed -

Arsenic Prohibition.

HB0168 Del Lafferty, et al. Human Relations - Housing

Discrimination - Source of Income.

HB0169 Del Lafferty. Environment - At-Store Recycling - Plastic

Carryout Bags.

HB0170 St. Mary‘s County Delegation. State Employees‘

Retirement and Pension Systems - Eligible Employees - St. Mary‘s

Nursing Center, Inc..

HB0171 St. Mary‘s County Delegation. St. Mary‘s County - Winery

Special Event Permits - Farmers‘ Markets.

HB0172 Del Kipke. Health Occupations - Dental Hygienists - Local

Anesthesia.

HB0173 Dels Cardin and George. Election Law - Voter Registration

Agencies - Electronic Signatures.

HB0174 Del George. Local Government Self-Insurance Funds -

Investment Guidelines.

HB0175 Del Cluster, et al. Baltimore County Revenue Authority -

Public Ethics Law.

HB0176 Del Gutierrez, et al. Maryland Consolidated Capital Bond

Loans of 2002 and 2009 - Montgomery County - MacDonald Knolls

Center.

HB0177 Del McIntosh, et al. Ground Leases - Registration - Failure

to Register.

HB0178 Del Bohanan. Maryland Consolidated Capital Bond Loan

of 2010 - St. Mary‘s County - United States Colored Troops

Memorial Monument.


243


HB0179 St. Mary‘s County Delegation. St. Mary‘s County -

Alcoholic Beverages - Distillery Licenses.

HB0180 Del Hixson, et al. Task Force to Study the County and

Municipal Revenue Structure.

HB0181 Del Summers. Income Tax - Subtraction Modification -

Overtime Compensation.

HB0182 St. Mary‘s County Delegation. St. Mary‘s County Board of

Elections - Salary.

HB0183 Del Rosenberg, et al. State Government - Human Relations

- Discrimination in Housing, Employment, and Places of Public

Accommodation.

HB0184 Del Hixson, et al. Creation of a State Debt - Montgomery

County - Quebec Terrace Lighting.

HB0185 Dels Haddaway-Riccio and Eckardt. Education - Talbot

County - Participation in High School Athletic Programs.

HB0186 Chr ENV (Dept). Department of the Environment - Permit

Proceedings - Judicial Review.

HB0187 Dels K. Kelly and Simmons. Criminal Procedure -

Expungement - Filing on Behalf of Deceased Person.

HB0188 Del Eckardt, et al. Criminal Law - Controlled Dangerous

Substances - Synthetic Cannabinoids.

HB0189 Dels Walker and Oaks. State Government - Sickle Cell

Anemia Awareness Month.

HB0190 Chr ENV (Dept). Environment - Noise Control.

HB0191 Del Walker. State Board of Education - Financial Literacy

Curriculum - Graduation Requirement.

HB0192 Del Jacobs, et al. Kent County - Alcoholic Beverages -

Micro-Brewery Licenses.

HB0193 Del Walker. Consumer Protection - Home Appliances -

Warranty Enforcement.

HB0194 Del McConkey, et al. State Traumatic Brain Injury Trust

Fund.

HB0195 Del Cardin, et al. Public Funding and Small Donor Act for

General Assembly Elections.

HB0196 Del Walker, et al. Student Health and Fitness Act.

HB0197 Chr JUD (Dept). Department of Public Safety and

Correctional Services - Representation on Boards, Commissions, and

Councils.

HB0198 Chr JUD (Dept). Correctional Services - Delegation of the

Secretary‘s Authority.

HB0199 Chr JUD (Md Jud Conf). Courts - Sentence Review -

Review Panel.

HB0200 Dels Walker and Olszewski. Election Law - Voting by

Registered Offenders at Polling Places - Prohibition.

HB0201 Del Niemann. Public Schools - Meal Menus - Nutrition

Information.

HB0202 Del Griffith, et al. Creation of a State Debt - Prince

George‘s County - Walker Mill Community Development

Corporation.

HB0203 Del Krebs, et al. Maryland Death Taxes - Family Property

Protection Act.

HB0204 Harford County Delegation. Harford County - Alcoholic

Beverages Licenses - Residency Requirement for Applicants.

HB0205 Har Co Deleg, et al. Harford County - Alcoholic Beverages

- Wine Festival License.

HB0206 Del Jameson, et al. Secondhand Precious Metal Object

Dealers - Securing and Tagging Items - Requirements.

HB0207 Dels Reznik and Love. Tanning Devices - Use by Minors -

Prohibition.

HB0208 Del Mitchell. Baltimore City Public School System -

Governance.

HB0209 Del Mitchell, et al. Public Safety - Possession of Firearms -

Crimes Committed in Other States.

HB0210 St. Mary‘s County Delegation. St. Mary‘s County - School

Buses - Length of Operation.

HB0211 Del Ivey, et al. Elected Officials - Removal from Office -

Crimes.

HB0212 Del Eckardt, et al. Caroline County, Dorchester County,

and Talbot County - Prospective Employees and Volunteers -

Criminal History Records Check.

HB0213 Del Branch, et al. Baltimore City Community

Enhancement Transit-Oriented Development Fund.

HB0214 Del Impallaria. Harford County - Harford Community

College - Authority to Incur Debt.

HB0215 Del Stukes, et al. Local Government - Investment in Our

Youth (IO-YOUth) Programs.

HB0216 Washington County Delegation. Washington County -

Distribution of Amounts to Town of Williamsport - Payments in Lieu

of Property Taxes on Electricity Generation Facilities.

HB0217 Del Pena-Melnyk, et al. Council for the Procurement of

Health, Educational, and Social Services.

HB0218 Del Pena-Melnyk, et al. Commission on Civil Rights -

Discrimination in Employment - Computation of Time for Filing a

Civil Action.

HB0219 Del Kipke, et al. State Lottery - Problem Gambling

Measures.

HB0220 Del Kipke, et al. Procurement - Community Service

Providers - Executive Compensation - Reporting Requirements.

HB0221 Del Tarrant, et al. Creation of a State Debt - Baltimore City

- Healthy Start Client Service Center.


Nudity and Sexual Displays - License Revocation.


Special Class C Beer, Wine and Liquor License.

HB0224 Del Beitzel. Garrett County - Hotel Rental Tax Rate.

HB0225 Del Cardin, et al. Election Law - Special Elections -

Voting by Mail.

HB0226 Del Cardin. Election Law - Citizens Who Have Not Lived

in the United States - Right to Vote.

HB0227 Del Hixson, et al. Income Tax Credit for Services Donated

to Community Health Organizations.

HB0228 Del Feldman, et al. Consuming Wine Beverages Not

Bought on Premises - Restaurants, Clubs, and Hotels.

HB0229 Del Lafferty, et al. Maryland Plastic Bag Recycling Act.

HB0230 Del K. Kelly, et al. Public Safety - Department of State

Police - Yellow Dot Program.


- Skatepark of Baltimore at Roosevelt Park.

HB0232 Del Tarrant, et al. Baltimore City - Alcoholic Beverages

License - Repeal of Voter Registration Requirement for Licensees.


- St. Francis Neighborhood Center.

HB0234 Del Ready, et al. Corporate Income Tax - Rate Reduction.

HB0235 Del Stukes, et al. Criminal Justice Information System -

Prohibited Dissemination.

HB0236 Del Stukes, et al. Insurance - Maryland Insurance

Information Day (MII Day).

HB0237 Del Stukes, et al. Criminal Procedure - Explanation of

Expungement Provisions Relating to Proposed Disposition of Charge.

HB0238 Del Nathan-Pulliam, et al. State Board of Nursing -

Nurses, Nursing Assistants, Medication Technicians, and

Electrologists - Licensure and Certification Requirements.

HB0239 Frederick County Delegation. Frederick County Board of

Education - Membership and Employment.

HB0240 Del Clagett. Creation of a State Debt - Frederick County -

Goodwill Industries of Monocacy Valley.

HB0241 Del Clagett. Frederick County - Hotel Rental Tax - Rate

and Distribution of Revenue.

HB0242 Del Clagett. Creation of a State Debt - Frederick County -

Mental Health Association Building.


244


HB0243 Del Nathan-Pulliam, et al. Kathleen A. Mathias

Chemotherapy Parity Act of 2012.

HB0244 Del Nathan-Pulliam, et al. State Government -

Commemorative Days - Maryland Centenarians Day.

HB0245 Charles County Delegation. Charles County - School

Buses - Length of Operation.

HB0246 Del Clippinger, et al. Creation of a State Debt - Baltimore

City - National Aquarium Infrastructure.

HB0247 Del Myers, et al. State Plumbing Code - Adoption of

International Code Council Standards.

HB0248 Har Co Deleg, et al. Harford County - Alcoholic Beverages

Licenses - Class C-3 Club License.

HB0249 The Spkr (Jud Comp Comm). Judges‘ Retirement System -

Contribution Rates for New Members.

HB0250 Del Oaks, et al. Elections - Baltimore City - Election

Dates.

HB0251 Dels McDermott and Conway. Town of Ocean City -

Criminal History Records Check - Taxi Driver Applicants.

HB0252 Del Burns, et al. Task Force on Military Service Members,

Veterans, and the Courts.

HB0253 Del Smigiel, et al. Department of Planning - Local and

Regional Planning and Land Use Powers - Prohibition on Restriction.

HB0254 Cecil County Delegation. Cecil County - Alcoholic

Beverages - Class BLX Licenses.

HB0255 Del Luedtke, et al. Creation of a State Debt - Montgomery

County - Muslim Community Center.

HB0256 Del Smigiel, et al. Regulated Firearms - License Issued by

Delaware, Pennsylvania, Virginia, or West Virginia - Reciprocity.

HB0257 Del McDermott, et al. Computers - Video Lottery

Terminals - Tampering.

HB0258 Del Haddaway-Riccio. Renewable Energy Portfolio

Standard - Sale or Transfer of Solar Renewable Energy Credits -

Elimination of Minimum Required Term.

HB0259 Del Haddaway-Riccio, et al. Maryland Strategic Energy

Investment Fund - Municipal Electric Utility - Exemption.

[12-03-39]

Senate Bills

SB0060 Sen Stone. Criminal Law - Knowingly Transferring the

HIV Virus to Another Individual - Felony.

SB0061 Sen Stone. Counties - Temporary Kennel License.

SB0062 Sen Stone, et al. Maryland Transportation Authority -

Fixing or Revising Tolls - Legislative Approval Required.

SB0063 Sen Kelley, et al. Child Abuse and Neglect - Failure to

Provide Notice or Report - Civil Liability and Criminal Penalty.

SB0064 Sen Simonaire. Public Safety - Machine Gun Registration -

Notice to Renew.

SB0065 Sen Astle. Dedicated Funds - Prohibition of Transfer -

Chesapeake and Atlantic Coastal Bays 2010 Trust Fund and Bay

Restoration Fund.

SB0066 Sen Glassman, et al. Harford County - Alcoholic Beverages

Licenses - Class C-3 Club License.


Licenses - Residency Requirement for Applicants.


- Wine Festival License.

SB0069 Sen Brochin, et al. Elections - Early Voting - Dates.

SB0070 Sen Kelley. Family Law - Permanency Planning and

Guardianship Review Hearings - Court Procedures.

SB0071 Sen Kelley. Health - General - Posthumous Use of Donor

Sperm and Eggs.

SB0072 Sen Kelley. Medical Treatment - Youth - Registered Nurses

and Physician Assistants.

SB0073 Sen Kelley, et al. State Government - Commemorative

Days - Maryland Centenarians Day.

SB0074 Sen Kelley. Common Ownership Communities - Fidelity

Insurance - Indemnification.

SB0075 Sen Kelley. Condominiums and Homeowners Associations

- Sales Contracts - Notice of Potential Special Assessments.

SB0076 Sen Kelley, et al. Criminal Law - Controlled Dangerous

Substances - Research - Synthetic Cannabinoids.

SB0077 Sen Kelley. Life Insurance and Annuities - Unfair Claim

Settlement Practices - Failure to Cross-Check Death Master File.

SB0078 Sen Kelley. Real Property - Condominiums and

Homeowners Associations - Foreclosure of Certain Liens Prohibited.

SB0079 Sen Zirkin. Baltimore County - Car Dealers - Sunday

Operations.

SB0080 Sen Zirkin. Courts - Evidence - Vehicle Repair Estimates.

SB0081 Sen Zirkin. Baltimore County - Orphans‘ Court Judges -

Qualifications.

SB0082 Sen Zirkin. Maryland Automobile Insurance Fund - Claims

for Bodily Injury or Death - Payment Limitation.

SB0083 Sen Zirkin. Real Estate Brokers - Contract Provisions -

Payment of Legal Fees.

SB0084 Sen DeGrange. Creation of a State Debt - Anne Arundel

County - Hospice of the Chesapeake Renovation Phase 1.

SB0085 Sens Jennings and Getty. Election Law - Baltimore County

Republican Party Central Committee - Election of Chairman.

SB0086 Sen Glassman. Property Tax - Assessment Appeal Hearings

- Right to Record.

SB0087 Sen Glassman. State Payments of Public School

Construction Costs - Remittance of Reimbursement to County.

SB0088 Sen Glassman. Local States of Emergency - Time Period -

Extension.

SB0089 Sen Jacobs, et al. Vehicle Laws - Nonfunctioning Traffic

Control Signals - Requirement to Stop.

SB0090 Sens Jacobs and Montgomery. Crimes - Manslaughter by

Vehicle - Definition of ―Operating‖.

SB0091 Sen Jacobs, et al. Election Law - Petitions - Confidentiality.

SB0092 Sen Ferguson. Creation of a State Debt - Baltimore City -

Meals on Wheels Green Building.


Patterson Park Public Charter School Facade Restoration.

SB0094 The Pres (DLS). State Board for Certification of

Residential Child Care Program Professionals - Sunset Extension and

Program Evaluation.

SB0095 The Pres (DLS). State Board of Social Work Examiners -

Sunset Extension and Program Evaluation.

SB0096 The Pres (DLS). Occupational and Professional Licensing

Design Boards - Sunset Provisions and Program Evaluation.

SB0097 Sen Kelley. Maryland Medical Assistance Program -

Eligibility Determinations.

SB0098 Sens Kelley and Colburn. Real Property - Recordation -

Foreclosure Sales.

SB0099 Sens Colburn and Mathias. Wicomico County - Board of

Education - Selection of Members - Straw Ballot.

SB0100 Sens Colburn and Pipkin. Creation of a State Debt -

Caroline County - The Wharves at Choptank Crossing Heritage and

Welcome Center.

SB0101 Sen Colburn. Department of Natural Resources - Tracking

Device on Vessel - Prohibition Without Court Order.

SB0102 Sen Colburn. Criminal Law - Shelter and Weather

Protection Requirement - Bison Exemption.

SB0103 Sen Colburn. Dorchester County - Alcoholic Beverages -

Hours for Sale.

SB0104 Sen Colburn. Dorchester County - Sailwinds Park, Inc. -

Service of Alcohol - Wristbands.


245


SB0105 Sen Colburn. Dorchester County - Turkey Hunting on

Private Property - Sundays.

SB0106 Sen Colburn. Talbot County - Alcoholic Beverages

Violations - Issuance of Citations.

SB0107 Sens Brochin and Peters. Criminal Law - Electronic

Harassment - Penalties.

SB0108 Chr EHE (Dept). Maryland Horse Industry Board -

Licensing.

SB0109 Chr EHE (Dept). State Board of Architects - Continuing

Professional Competency.

SB0110 Chr JPR (Dept). Motor Vehicle Administration - Young

Driver Improvement Program - Parent and Guardian Attendance.

SB0111 Chr JPR (Dept). Vehicle Laws - Identification Cards and

Drivers‘ Licenses - Period of Validity.

SB0112 Chr EHE (Dept). Maryland Agricultural Land Preservation

Foundation - Appraisal Requirement.

SB0113 Chr EHE (Dept). Weights and Measures - Registration

Fees.

SB0114 Chr EHE (Dept). Environment - Controlled Hazardous

Substance Driver Certification - Elimination.

SB0115 Chr EHE (Dept). Environment - Waterworks and

Wastewater Works Certified Operators.

SB0116 Chr JPR (Dept). Vehicle Laws - Weight and Load

Requirements - Vehicles Carrying Perishable Products.

SB0117 Chr EHE (Dept). Environment - Water Appropriation

Permits - Construction Dewatering Projects.

SB0118 Chr EHE (Dept). Voluntary Agricultural Nutrient and

Sediment Credit Certification Program.

SB0119 Chr B&T (Dept). State Personnel and Pensions - Optional

Retirement Program - Maryland Higher Education Commission.

SB0120 Chr B&T (Dept). Tobacco Products - Tobacco Tax -

Exemptions and Penalties.

SB0121 Chr FIN (Dept). Senior Prescription Drug Assistance

Program - Sunset Extension.

SB0122 Chr JPR (Dept). Courts and Judicial Proceedings - Crime

Victims and Witnesses Funds - Court Costs.

SB0123 Chr JPR (Dept). Real Property - Purchase of Residential

Property by Secured Party - Notice to Local Supervisor of

Assessments.

SB0124 Chr JPR (Dept). Motor Vehicles - Eligibility for Driver‘s

License Test.

SB0125 Chr JPR (Dept). Vehicle Laws - Public Transit Vehicles -

Right-of-Way.

SB0126 Chr EHE (Dept). Department of Natural Resources -

Maryland Land Preservation and Recreation Plan.

SB0127 Chr EHE (Dept). Natural Resources - Marine Gathering

Permit - Establishment.

SB0128 Chr JPR (Dept). Abandoned Land - Certificates of

Reservation for Public Use.


Foundation - Easements.

SB0130 Sens Ferguson and Gladden. Baltimore City - Nuisance

Abatement and Local Code Enforcement - Community Associations.

SB0131 Sen Middleton, et al. Criminal Procedure - Warrantless

Arrests - Theft Crimes.

SB0132 Sen Conway. Health Occupations - State Board of

Pharmacy - Jurisdiction Over Nonresident Pharmacies.

SB0133 Sen Conway. State Board of Pharmacy - Wholesale

Distributor Permits - Application Requirements.

SB0134 Sen Conway. State Real Estate Commission - Sunset

Extension and Program Evaluation.

SB0135 Sens Gladden and Frosh. Ground Leases - Registration -

Failure to Register.

SB0136 Sen Zirkin. Commercial Law - Consumer Contracts -


SB0137 Sen Zirkin. Commercial Law - Contract Provisions -


SB0138 Sen Young, et al. Income Tax - Subtraction Modification -

Segal AmeriCorps Education Award.

SB0139 Sen Jacobs, et al. Crimes - Death or Disappearance of

Minor - Required Reporting and Prohibited Acts (―Caylee‘s Law‖).

SB0140 Sen Jacobs, et al. Crimes - Child Abuse and Neglect -

Failure to Report.

SB0141 Chr JPR (Dept). Criminal Procedure - Criminal Justice

Information System Central Repository - Reporting Data.

SB0142 Chr EHE (Dept). Secretary of Agriculture - Farm Food

Safety.

SB0143 Chr EHE (Dept). Education - Comprehensive Master Plans.

SB0144 Chr EHE (Dept). Department of Labor, Licensing, and

Regulation - Occupational and Professional Licensing - Licensees on

Military Deployment.

SB0145 Chr EHE (Dept). State Real Estate Commission -

Continuing Education - Documentation.

SB0146 Chr EHE (Dept). Public Ethics - Financial Disclosure

Statements - Mutual Funds.

SB0147 Chr EHE (Dept). State Government - Administrative

Procedure Act - Changes to Previously Published Proposed

Regulations.


Foundation - Lot Release.

SB0149 Chr EHE (Dept). State Government - Maryland Veterans

Commission - Membership.

SB0150 The Pres (Admin). Budget Bill (Fiscal Year 2013).

SB0151 The Pres (Admin). Creation of a State Debt - Maryland

Consolidated Capital Bond Loan of 2012, and the Maryland

Consolidated Capital Bond Loans of 2005, 2006, 2007, 2008, 2009,

2010, and 2011.

SB0152 The Pres (Admin). Budget Reconciliation and Financing

Act of 2012.

SB0153 The Pres (Admin). Creation of a State Debt - Qualified

Zone Academy Bonds.

SB0154 Sen Pugh. Creation of a State Debt - Baltimore City -

Roland Water Tower Stabilization.

SB0155 Sen Pugh, et al. Video Lottery Facility Location

Commission - Financial Impact of Additional Games - Study.

SB0156 Sen Pugh, et al. Minority Business Enterprises - Not for

Profit Entities and Termination Extension.

SB0157 Sen Pugh, et al. Baltimore City - Age for Compulsory

Public School Attendance - Exemption.

SB0158 Sen Pugh, et al. Video Lottery Gaming - Table Games.

SB0159 Sen Raskin. Creation of a State Debt - Montgomery County

- Quebec Terrace Lighting.

SB0160 Sen Brochin, et al. General Assembly - Legislative

Districting - Process.

SB0161 Sen Brochin, et al. General Assembly - Legislative

Districting.

SB0162 Sen Brochin, et al. Congressional Districting Process.

SB0163 Sens Conway and Pugh. Health Insurance - Diabetes

Treatment - Coverage for Orthotics.

SB0164 Sen Conway. Maryland Plastic Bag Recycling Act.

SB0165 Sen Colburn. Criminal Procedure - Office of the Public

Defender - Representation.

SB0166 Sen Glassman, et al. Harford County - Charitable Gaming.

SB0167 Sen Currie. Tax Credits for Qualifying Employees with

Disabilities - Sunset Repeal.

SB0168 Sen Brochin, et al. Criminal Procedure - Victim‘s

Compensation - Temporary Lodging for Domestic Violence Victims.

SB0169 Sen Shank. State Government - Notary Public -

Appointment.


246


SB0170 Sen Shank, et al. Washington County - Sheriffs and Deputy

Sheriffs - Practice of Law.

SB0171 Sen Miller. Creation of a State Debt - Calvert County -

North Beach Waterfront Pavilion.

SB0172 Sen Miller. Creation of a State Debt - Prince George‘s

County - University of Maryland Athletic Fields.

SB0173 Sen Klausmeier, et al. Public School Buildings - Carbon

Monoxide Detection and Warning Equipment.

SB0174 Sen Klausmeier, et al. Subsequent Injury Fund and

Uninsured Employers‘ Fund - Assessments on Settlement

Agreements.

SB0175 Sen Raskin, et al. Crimes - Electronic Communication -

Harassment.

SB0176 Sen Robey. Criminal Law - Impersonation of a Police

Officer - Penalties.

SB0177 Sens Robey and Klausmeier. Vehicle Laws -

Nonfunctioning Traffic Control Signals - Requirement to Stop.

SB0178 Sens Jacobs and Montgomery. Education - Informal

Kinship Care - Documentation Supporting Affidavit - Repeal.

SB0179 Sen Pugh, et al. Kathleen A. Mathias Chemotherapy Parity

Act of 2012.

SB0180 Sen Pugh, et al. Health Occupations - State Board of

Naturopathic Medicine.

SB0181 Sen Raskin. Task Force to Study the Public Financing of

Judicial Elections.

SB0182 Sens Ferguson and Gladden. Tax Sales - Complaint to

Foreclose Right of Redemption - Notice.

SB0183 Sens Kelley and Miller. Condominiums and Homeowners

Associations - Transition of Control - Termination of Contracts.

SB0184 Sen Kelley, et al. Real Property - Common Ownership

Communities - Dispute Settlement Mechanism.

SB0185 Sen Forehand, et al. Motor Vehicles - Child Seating and

Safety Seats - Requirements and Prohibition.

SB0186 Sen McFadden. Baltimore City - Alcoholic Beverages

Licenses - Fees.

SB0187 Chr FIN. State Commission of Real Estate Appraisers and

Home Inspectors - Sunset Extension and Program Evaluation.

SB0188 Sen Shank, et al. Washington County - Distribution of

Amounts to Town of Williamsport - Payments in Lieu of Property

Taxes on Electricity Generation Facilities.

SB0189 Sen Shank, et al. Maryland Consolidated Capital Bond

Loan of 2006 - Rural Heritage Transportation Museum.

SB0190 Sen Jacobs, et al. Education - School Construction -

Applicability of Priority Funding Areas.

SB0191 Chr B&T (Dept). Comptroller - Monitoring and Recording

of Telephone Calls - Training and Quality Assurance.

SB0192 Carroll County Senators. Creation of a State Debt - Carroll

County - Goodwill Industries of Monocacy Valley - Westminster

Renovation.

SB0193 Sen Young, et al. Agriculture - Maryland Standard of

Identity for Honey.

SB0194 Sen Young, et al. Real Property - Residential Leases -

Interest on Security Deposits.

SB0195 Sen Kasemeyer. Creation of a State Debt - Baltimore

County - Catonsville Rails to Trails.

SB0196 Sen Young, et al. Public Safety - Building Codes - Balcony

Inspections (―Jonathan‘s Law‖).

SB0197 Sen McFadden. Sales and Use Tax - Distribution of

Revenues - Public School Construction.

SB0198 Chr Anne Arundel County Senators. Courts and Judicial

Proceedings - Circuit Court for Anne Arundel County - Fees for

Appearance of Counsel.

SB0199 Sen Astle. Creation of a State Debt - Anne Arundel County

- Samaritan House Addition.

SB0200 Sen Astle. Creation of a State Debt - Anne Arundel County

- YWCA Counseling and Community Service Building Renovation.

SB0201 Sen Kasemeyer. Creation of a State Debt - Baltimore

County - Lansdowne Volunteer Fire Department.

SB0202 Sen Kelley, et al. Real Property - Condominiums and

Homeowners Associations - Governing Bodies.

SB0203 Sen Zirkin, et al. Criminal Law - Animal Cruelty - Payment

of Costs.

SB0204 Sen Peters. Creation of a State Debt - Prince George‘s

County - Dinosaur Park Improvements.

SB0205 Sen Edwards. Garrett County - Correctional Officers‘ Bill

of Rights.

SB0206 Sen Pinsky, et al. Maryland Health Security Act of 2012.

SB0207 Sen Pinsky, et al. Agriculture - Commercial Feed - Arsenic

Prohibition.

SB0208 Sen Pinsky, et al. Environment - Recycling - Apartment

Buildings and Condominiums.

SB0209 Sen Kelley. Real Estate Settlements - Paying or Receiving

Consideration - Penalties.

SB0210 Sen Stone, et al. Income Tax - Subtraction Modification -

Qualified Maryland Toll Expenses.

SB0211 Chr JPR (Md Jud Conf). Courts - Sentence Review -

Review Panel.

SB0212 Sen Raskin, et al. Human Relations - Sexual Orientation

and Gender Identity - Antidiscrimination.

SB0213 Sen Raskin, et al. Tanning Devices - Use by Minors -

Prohibition.

SB0214 Sen Raskin. Criminal Law - Possession of Marijuana - De

Minimus Quantity.

SB0215 Sen Glassman. Property Tax Assessment Appeals -

Comparable Properties - Internet Access to Worksheets.

SB0216 Sen Kelley. Family Law - Marriage Licenses and

Ceremonies.

SB0217 Sen Robey, et al. Motor Vehicles - Use of Wireless

Communication Device - Prohibited Acts, Enforcement, and

Penalties.

SB0218 Sen Manno. County Income Tax - Maximum Rate and

Authority to Impose on a Bracket Basis.

SB0219 Sen Manno. Procurement - Public Work Contracts - Project

Labor Agreements.

SB0220 Sen Frosh, et al. Creation of a State Debt - Montgomery

County - National Center for Children and Families Youth Activities

Center.

SB0221 Sen Frosh. Courts and Judicial Proceedings - Strategic

Lawsuits Against Public Participation.

SB0222 Sen Frosh, et al. High Performance Buildings Act -

Applicability to Recipients of State Aid.

SB0223 Sen Gladden. Crimes - Elder Abuse or Neglect - Increased

Penalties and Restrictions on Pretrial Release (The John H. Taylor

Act).

SB0224 Sen Gladden. Real Property - Condominiums - Rescission

of Sales Contracts.


North Beach Skate Park.

SB0226 Chr FIN (Dept). Commissioner of Labor and Industry -

Inflatable Amusement Attractions - Inspection.

SB0227 Chr FIN (Dept). Maryland Health Care Commission -

Assessment of Fees and Maryland Trauma Physician Services Fund -

Revisions.

SB0228 Chr FIN (Dept). State Apprenticeship Training Fund - Use.

SB0229 Chr FIN (Dept). Health Insurance - Individual and Group

Coverage - Application of Federal Affordable Care Act.

SB0230 Chr FIN (Dept). Insurance - Maryland Health Care

Provider Rate Stabilization Fund.


247


SB0231 Chr FIN (Dept). Individuals with Disabilities - Attendant

Care Program.

SB0232 Chr FIN (Dept). Elevator Safety Review Board - Licensing.

SB0233 Sen Jacobs, et al. Transportation Trust Fund -

Appropriation of General Fund Surplus.

SB0234 The Pres (Admin), et al. Maryland Health Improvement

and Disparities Reduction Act of 2012.

SB0235 The Pres (Admin), et al. Procurement - Investment

Activities in Iran.

SB0236 The Pres (Admin), et al. Sustainable Growth and

Agricultural Preservation Act of 2012.

SB0237 The Pres (Admin), et al. Maryland Offshore Wind Energy

Act of 2012.

SB0238 The Pres (Admin), et al. Maryland Health Benefit

Exchange Act of 2012.

SB0239 The Pres (Admin), et al. Economic Development -

Maryland Technology Development Corporation - Maryland

Innovation Initiative.

SB0240 The Pres (Admin), et al. Environment - Bay Restoration

Fund - Fees.

SB0241 The Pres (Admin), et al. Civil Marriage Protection Act.

SB0242 Sen Jones-Rodwell, et al. Baltimore City - Education -

Public School Facilities and Construction Bond Authority.

SB0243 Sen Jones-Rodwell (BCA), et al. Baltimore City - Hotel

Room Tax - Convention Center Promotion.

SB0244 Sen Jones-Rodwell (BCA). Education - Retiree Health

Savings - Maintenance of Effort.

SB0245 Chr JPR (Dept). Juvenile Law - Disposition - Committed

Programs.

SB0246 Sen Conway. Secondhand Precious Metal Object Dealers -

Securing and Tagging Items - Requirements.

SB0247 Chr JPR (Dept). Juvenile Law - Juvenile Records -

Disclosure.

SB0248 Sens Jones-Rodwell and Montgomery. Taxation of

Corporations - Alternative Minimum Assessment.

SB0249 Sens Jones-Rodwell and Pinsky. State Individual Income

Tax - Millionaires‘ Tax.

SB0250 Sen Jones-Rodwell (Chr Jt Com on Pnsns). State

Retirement and Pension System - Reemployment of Retirees -

Exemptions.

SB0251 Sen Jones-Rodwell (Chr Jt Com on Pnsns). Teachers‘

Retirement and Pension Systems - Reemployment of Retirees -

Maryland School for the Deaf Exemption.

SB0252 Sen Jones-Rodwell. Baltimore City Community

Enhancement Transit-Oriented Development Fund.

SB0253 Sens Jacobs and Ferguson. State Government -

Administrative Procedure Act - Proposed Regulations.

SB0254 Sen Robey. Vehicle Laws - Fleeing or Eluding Police.

SB0255 Sen Edwards. Garrett County - Alcoholic Beverages -

Follow-Up Criminal History Records Checks.

SB0256 Sen Astle. Property and Casualty Insurance - Commercial

Policies - Notices of Premium Increases.

SB0257 Sen Colburn. Education - Talbot County - Participation in

High School Athletic Programs.

SB0258 Sen Glassman. Credit Regulation - Installment Loans

Secured by Motor Vehicle Lien - Balloon Payments.

SB0259 Harford County Senators. Harford County - Harford

Community College - Authority to Incur Debt.

SB0260 Sen Glassman, et al. Cecil-Harford Highway Impact

Revenue Account.

SB0261 Sen Glassman, et al. Northeast Maryland Higher Education

Advisory Board.

SB0262 Sen Montgomery. Health Occupations - Psychologists -

Penalties for Misrepresentation and Practicing Without a License.

SB0263 Sens Brinkley and Young. Frederick County - Adult

Detention Center - Medical and Dental Fees.

SB0264 Sens Brinkley and Young. Frederick County - Raffles.

SB0265 Sens Brinkley and Young. Frederick County - Tax Sales -

Auctioneer‘s Fees.

SB0266 Sens Brinkley and Young. Frederick County - Property Tax

Credit - Job Creation by Small Businesses.

SB0267 Sens Brinkley and Young. Frederick County - Adult

Detention Center - Processing and Administrative Fees.

SB0268 Sen Pinsky. Maryland Consolidated Capital Bond Loan of

2010 - Prince George‘s County - Community Forklift Facility.

SB0269 Sen Pinsky, et al. Maryland Business Tax Fairness Act.

SB0270 Sen Pinsky, et al. Public Funding and Small Donor Act for

General Assembly Elections.

SB0271 Sen Brochin. Real Property - Security Deposits - Interest.

SB0272 Sen Peters, et al. Labor and Employment - Workplace

Fraud Act - Revisions.

SB0273 Sen Jones-Rodwell (Chr Jt Com on Pnsns). State

Retirement and Pension System - Administrative and Operational

Expenses - Certifications and Notifications.

SB0274 Chr EHE. State Board of Pharmacy - Sunset Extension and

Revisions.

SB0275 Sen Mathias. Creation of a State Debt - Worcester County -

Ocean City Center for the Arts.

SB0276 Sen Mathias, et al. Drivers‘ Licenses and Identification

Cards - Notation of Veteran Status.

SB0277 Sen Raskin, et al. Human Relations - Housing

Discrimination - Source of Income.

SB0278 Sen Raskin, et al. State Government - Human Relations -

Discrimination in Housing, Employment, and Places of Public

Accommodation.

SB0279 Sen Raskin, et al. Creation of a State Debt - Montgomery

County - Easter Seals Inter-Generational Center Expansion.

SB0280 Chr JPR (Md Jud Conf). Task Force to Study Implementing

a Civil Right to Counsel in Maryland.

SB0281 Sen Frosh. Civil Actions - Contract Actions Against

Maryland Automobile Insurance Fund - Limitation on Actions.

SB0282 Chr FIN. Office of Cemetery Oversight - Sunset Extension

and Program Evaluation.

SB0283 Sen Stone, et al. Vehicle Laws - Accidents Resulting in

Death - Appearance in Court for Traffic Citations.

SB0284 Sen Frosh, et al. Legislative Immunity - Prosecutions for

Bribery.

SB0285 Sen Frosh, et al. Immunity of Local Government Officials -

Prosecutions for Bribery.

SB0286 Sen Jennings. State Highway Administration - Outdoor

Sign Permits - Issuance to Business Enterprises During Highway

Construction Projects.

SB0287 Sens Jennings and Shank. Family Investment Program -

Eligibility - Drug Testing.

SB0288 Sen Simonaire. Criminal Law - Drug-Free Zones - Public

Parks and Recreation Areas.


National Aquarium Infrastructure.

SB0290 Chr FIN (Dept). Financial Institutions - Savings Banks -

Conversions.

SB0291 Chr FIN (Dept). Unemployment Insurance - Coverage -

Victims of Domestic Violence.

SB0292 Sen Garagiola, et al. Education - Veterans of the

Afghanistan and Iraq Conflicts Scholarship - Extension.

SB0293 Sen Miller, et al. Education - Core Content Areas -

Accountability Program.

SB0294 Sen Miller, et al. Family Farm Preservation Act of 2012.

SB0295 Sen Astle, et al. Commercial Law - Security Freezes -

Minors and Protected Persons.


248


SB0296 Sen Manno, et al. Income Tax Credit - Security Clearance

Expenses.

SB0297 Sen Kelley. Property and Casualty Insurance - Certificates

of Insurance and Certificate of Insurance Forms.

SB0298 Sen Stone, et al. Criminal Procedure - Discharge from

Commitment of Person Previously Found Not Criminally

Responsible - Judicial Hearing.

SB0299 Sen Montgomery. Creation of a State Debt - Montgomery

County - Muslim Community Center.

SB0300 Sens Young and Brinkley. Frederick County - Public

Facilities Bonds.

SB0301 Sen Young, et al. Maryland Animal Abuse Registry.

SB0302 Chr FIN (Dept). Financial Institutions - Commissioner of

Financial Regulation - Investigative and Enforcement Powers and

Regulation of Mortgage Lenders.

SB0303 Chr FIN (Dept). Credit Regulation - Debt Management

Services - Agreement and Prohibited Acts.


Chesapeake Beach Skate Park.


Port Discovery.

SB0306 Sen Ferguson (BCA). Baltimore City - Vehicle Height

Monitoring Systems.

SB0307 Sen Klausmeier, et al. State Board of Education - Financial

Literacy Curriculum - Graduation Requirement.

SB0308 Sens Klausmeier and Young. Environment - Radiation

Sources - Podiatry Radiation Machines.

SB0309 Sen Klausmeier, et al. Mopeds and Motor Scooters -

Titling, Registration, Insurance, and Required Use of Protective

Headgear.

SB0310 Sen Reilly. Criminal Law - Controlled Dangerous

Substances - Synthetic Cannabinoids.

SB0311 Sen Pugh, et al. Mental Hygiene Administration - State

Facilities - Surveillance Cameras.

SB0312 Sen Pugh, et al. Education - School Vehicle - On-Board

Attendant.

SB0313 Sen Pugh, et al. Baltimore City Board of Liquor License

Commissioners - License Renewal Applications - Mandatory

Rejection.

SB0314 Sen Pugh, et al. State Personnel - Traumatic Events -

Mental Health Support Services.

SB0315 Sen Pugh, et al. Council for the Procurement of Health,

Educational, and Social Services.

SB0316 Sen Pugh, et al. Department of Health and Mental Hygiene

- Health Care Facilities - Abuser Registry.

SB0317 Sen Pugh, et al. Retail Pet Stores - Sales of Dogs -

Required Records, Health Disclosures, and Purchaser Remedies.

SB0318 Sens Dyson and Colburn. Natural Resources Police Force -

Number of Officers.

SB0319 Sens Young and Brinkley. Frederick County - Slot

Machines for Nonprofit Organizations.

SB0320 Sen Young. Frederick County Board of Education -

Membership and Employment.

SB0321 Sens Young and Brinkley. Frederick County - Alcoholic

Beverages - Licensed Restaurants - Removal of Tables and Chairs for

Expanded Occupancy.

SB0322 Sens Young and Brinkley. Frederick County - Election Law

- Early Voting Centers.

SB0323 Sen Manno. Income Tax - Rate Increase and Personal

Exemption Reduction.

SB0324 Sen Young, et al. Estate Tax - Exclusion of Qualified

Agricultural Property.

SB0325 Sen Colburn. Regional Mass Transit Account.

SB0326 Sen DeGrange. Maryland Consolidated Capital Bond Loan

of 2005 - Anne Arundel County - Benson-Hammond House.

SB0327 Sen McFadden. Baltimore City - 45th Legislative District -

Liquor Stores - Premises Near Places of Worship or Schools.

SB0328 Sen McFadden. Baltimore City - 45th Legislative District -

Alcoholic Beverages - Landlords - Licensed Premises.

SB0329 Sen Ferguson, et al. Education - Parent-Teacher Meetings -

Unpaid Leave.

SB0330 Sen Glassman, et al. Agriculture - Total Maximum Daily

Load - Regulations.

SB0331 Sen Edwards, et al. Manufactured Homes - Sprinkler

System Requirement - Opt-Out Provisions for Local Jurisdictions.

SB0332 Sen Edwards. Family Security Trust Fund - Requirement to

Transfer Interest to the General Fund - Exemption.

SB0333 Sen Edwards. Garrett County - Hotel Rental Tax Rate.

SB0334 Sen Zirkin. Family Law - Grounds for Divorce.

SB0335 Chr B&T (Jud Comp Comm). Judges‘ Retirement System -

Contribution Rates for New Members.

SB0336 Sen Conway. Juvenile Services - State-Owned Facilities -

Repeal of 48-Bed Limit.

SB0337 Sen Conway. State Board of Nursing - Nurses, Nursing

Assistants, Medication Technicians, and Electrologists - Licensure

and Certification Requirements.

SB0338 Sen Simonaire. Vehicle Laws - Learner‘s Permit Holders -

Additional Sanctions for Moving Violations.

[12-03-40]

Chapters

Ch0001 SB0046 Sen Mathias. Somerset County - County

Commissioners – Districts.

[12-03-41]

249


The Judiciary

ADMINISTRATIVE OFFICE

OF THE COURTS

COURT-APPOINTED SPECIAL

ADVOCATE (CASA) GRANTS Notice of Funding Availability

The Department of Family Administration at the Administrative

Office of the Courts is requesting applications for Court Appointed

Special Advocate (CASA) Grants. The grants, designed to improve

the management of family law cases and support a spectrum of

services to families involved in the legal system are administered by

the DFA.

Subject to the provision of funds for Fiscal Year 2013, grants will

be awarded to CASA programs which enhance the experience of

families and children involved with Maryland‘s legal system. Grant

applications are due March 19, 2012.

For more detailed information, please review the Notice of

Funding Announcement and Grant Guidelines found on the

Department of Family Administration‘s website:

www.courts.state.md.us/family/grantadmin.html or call 410-260-

1739.

Post/Release Date: February 10, 2012

Application Due Date: March 19, 2012

[12-03-25]

COURT APPOINTED SPECIAL

ADVOCATE (CASA) PLANNING

GRANTS Notice of Funding Availability


Office of the Courts is requesting applications for Court Appointed

Special Advocate (CASA) Planning Grants. These are one-time

grants, awarded to any government/government entities, non-profit

organizations or institution of higher education in which there is not

presently an established and active CASA program, but where one is

being planned. All groups must work in collaboration with the

Maryland CASA Association when starting a program for a

jurisdiction.

Subject to the provision of funds for Fiscal Year 2013, grants will

be awarded to applicable programs that have a solid plan for the

establishment of a sustainable CASA program. Grant applications are

due March 19, 2012.

For more detailed information, please review the Notice of

Funding Announcement and Grant Guidelines found on the

Department of Family Administration‘s website:

www.courts.state.md.us/family/grantadmin.html or call 410-260-

1739.



[12-03-26]

SPECIAL PROJECT GRANTS Notice of Funding Availability


Office of the Courts is requesting applications for Special Project

Grants. Subject to the provision of funds for Fiscal Year 2013, grants

will be awarded to State and local courts and governments within the

State of Maryland, nonprofit organizations, and institutions of higher

education within the State of Maryland that work in collaboration

with the courts to increase access to justice and enhance the

experience of families and children involved with Maryland‘s legal

system.

The Special Projects grant category funds a broad range of

programs, including but not limited to, those in the following

categories: Domestic Violence, Juvenile Justice, Foster Care, and

Alternative Dispute Resolution. Priority is given to programs

previously funded, but new projects will also be considered. New

projects, those not funded in FY12, must first submit a letter of intent

before the submission of a full application will be authorized.

For more detailed information, please review the Notice of Funding

Announcement and Grant Guidelines found on the Department of Family

Administration‘s website:

www.courts.state.md.us/family/grantadmin.html or call 410-260-1739.



[12-03-27]

THE JUDICIARY

250


ADMINISTRATIVE MEMORANDUM 12-1

ADMINISTRATIVE REGULATION XIX — COST SCHEDULE, DCAR XIX By direction of Chief Judge Robert M. Bell, and for the information and guidance of all concerned, the attached notice is published for the

purpose of advising of the revision to the District Court Administrative Regulation to become effective immediately. The attached revision has

been adopted by the Chief Judge of the District Court.

FRANK BROCCOLINA

State Court Administrator

January 30, 2012

NOTICE

Under the authority of Courts Article ‗7-301 of the Maryland Code, the District Court Cost Schedule has been revised and will be in force

and effective immediately. Also included herewith are the revisions to DCAR XIX.

BEN C. CLYBURN

Chief Judge

District Court of Maryland

January 30, 2012

IMPORTANT NOTICE

District Court Administrative Regulation XIX – [Civil] Cost[s] Schedule

In all [civil] cases, except those noted below, the required costs in this Cost Schedule, including the fee for service of process shall be paid at the time the complaint, writ, petition, or request is filed.

Exceptions:

(1) The State of Maryland and officers, agencies, and departments thereof shall not be taxed costs in any District Court civil proceeding.

(2) Advance payment of costs shall not be required in [a] any case in which the plaintiff/petitioner is represented by counsel paid through

JUDICARE; provided by Maryland Legal Aid Bureau, Inc.; or retained through a pro bono or legal services program that is recognized by Maryland Legal Services Corporation if the program provides the clerk with a memorandum that names the program, attorney(s) and client(s) and that specifies that representation is being provided for client(s) meeting the financial eligibility criteria of the corporation. If the petitioner is eligible for this exception, payment of costs in a case other than civil are waived.

(3) Advance payment of costs shall not be required in a civil case filed by a county or municipality of the State of Maryland.

In any civil case in which no advance costs have been paid, the Court shall allow costs in favor of the prevailing party.

If the judgment creditor is the prevailing party, he shall, upon being paid all amounts due, including costs, furnish to the judgment debtor and file with the clerk a written statement (order of satisfaction) that the judgment has been satisfied. The clerk shall not accept the order for filing unless the costs are tendered with it.

If the judgment debtor is the prevailing party, the clerk shall bill the plaintiff for all costs, except no payment is required by the State of Maryland.

The attached schedule is hereby adopted as the costs to be paid for all proceedings in any civil case in the District Court.

REFUNDS

Except as provided by statute, a charge, cost, or fee is not refundable. Overpayment refunds of $5 or less will not be processed unless

the individual due the refund makes a request in writing, in person, or by telephone.

If the Sheriff is unable to serve a paper, 50% of the service fee shall be refunded to the party requesting the service and if the Sheriff is

unable to serve Summary Ejectment papers, the full fee shall be refunded to the party requesting the service.

BAD CHECKS

An additional $10 service fee will be imposed for each dishonored check.

GENERAL INFORMATION

A MAXIMUM OF TWENTY (20) CIVIL CASE FILINGS, PER CHECK, WILL BE ACCEPTED FROM ATTORNEYS AND

OTHER INTERESTED PARTIES.

A MAXIMUM OF TWENTY (20) LANDLORD/TENANT FILINGS WILL BE ACCEPTED FROM ATTORNEYS AND

OTHER INTERESTED PARTIES PER CREDIT CARD TRANSACTION.

THE JUDICIARY

251


In correspondence with the court, including inquiries, motions, and pleadings:

Please include the case number and trial date. This information should also appear on the envelope in which papers are mailed

to the court, so that priority matters may be expeditiously handled.

The address for service should include apartment number (if there is a number), zip codes as part of the address, and

county. ―P.O.‖ is not appropriate when requesting service.

Positive identification of all motor vehicles to be seized is required, including make and model. A copy of title must be

submitted. All liens must be shown in order that value may be determined.

If service of process is to be made on the: STATE DEPARTMENT OF ASSESSMENTS AND TAXATION, an additional $50 fee is required. A check or money order should be made

payable to the State Department of Assessments and Taxation. All county and Baltimore City governmental agencies are exempt from this fee.

(This agency requires two copies of each paper for each defendant to be served);

MARYLAND INSURANCE ADMINISTRATION, an additional $15 fee is required. A check or money order should be made payable to

the Maryland Insurance Administration. (This agency requires two copies of each paper for each defendant to be served.)

DCA 109 (Rev. [5/2011] 1/2012)

DISTRICT COURT OF MARYLAND

COST SCHEDULE

FILING FEE SERVICE FEE

(See Page 2)

Complaint in Small Claims Actions:

Contract - Tort (new suit) $28.00* (a)

Counter Claim $18.00 (a)

Cross Claim $18.00 (a)

Third Party Claim $18.00 (a)

Complaint in Large Claims Actions:

Contract - Tort (new suit) $38.00* (a)

Counter Claim $28.00 (a)

Cross Claim $28.00 (a)

Third Party Claim $28.00 (a)

Additional Pre Judgment Filings:

Attachment Before Judgment $38.00* (a)

Confessed Judgment $38.00* (a)

Detinue $38.00* (a)

Grantee Suit for Possession $38.00* (a)

Interpleader $28.00* (a)

Petition for Show Cause (per defendant) $10.00 (a)

Renewal Show Cause $ 5.00 (a)

Renewal Confess Judgment $ 5.00 (a)

Renewal Summons $ 5.00 (a)

Replevin - Show Cause $38.00* (a)

Replevin - Writ (final hearing) ---- (b)

Subpoena (witness) ---- (a)

Domestic Violence - Peace Order Filings:

Domestic Violence - filing, service, recordation of foreign judgment or appeal ---- ----

Temporary Peace Order $38.00* (c)

Landlord Tenant Filings:

Summary Ejectment (Failure to Pay Rent) (all counties except Baltimore City) $12.00* $5.00 for each tenant of

record

Summary Ejectment (Failure to Pay Rent) Baltimore City $16.00* $5.00 for each location;

additional fee of $5.00 for

each tenant for whom

personal service is requested

Distress & Show Cause $28.00*

If amount of rent is $500 or

less; add $5.00 for each

additional $500 rent

(a)

THE JUDICIARY

252


Breach of Lease $38.00* (b)

Distress Order of Levy $5.00 (b)

Injunction $38.00* (a)

Recording Summary Ejectment Money Judgment $10.00 ----

Reissue Distress & Show Cause Order $2.00 ----

Rent Escrow (not judge ordered) $28.00* (a)

Tenant Holding Over $38.00* (b)

Warrant of Restitution ---- (b) per case

Wrongful Entry & Detainer $38.00* (b)

Post Judgment Filings:

Appeal $10.00 (plus $135.00 made

payable to Circuit Court)

----

Assignment of Judgment $10.00 ----

Assignment of Wages $28.00* (a)

Body Attachment ---- (b)

Modification of Judgment/Lien

(Other than a Notice of Lien under Bail Forfeiture in the District Court or

documents in connection with a Lien under RP § 3-404)

---- ($15.00 made payable to

Circuit Court)

----

Notice of Lien

(Other than a Notice of Lien under Bail Forfeiture in the District Court or

documents in connection with a Lien under RP § 3-404)

---- ($15.00 made payable to

Circuit Court)

----

Recordation of Foreign Judgment $43.00* ----

Renewal of Judgment $10.00 (plus $15.00 made

payable to Circuit Court)

----

Request for Certification of Judgment Under Act of Congress (Triple Seal) $10.00 ----

Request for Oral Exam (per defendant) $10.00 (a)

Oral Exam Renewal (per defendant) $5.00 (a)

Request for Writ of Execution or Possession

(Service fee also applies to Execution issued in Attachment before Judgment)

$10.00 (b)

Request for Writ of Garnishment Other than Wages

(Service fee also applies to Garnishment issued in Attachment before Judgment)

$10.00 (a)

Request for Writ of Garnishment of Wages

(Service fee also applies to Garnishment issued in Attachment before Judgment)

$10.00 (a)

Transmittal of Certified Copy of Judgment $10.00 ----

* Includes MD Legal Services Corporation Fund Surcharge $18 - New Civil Filings $8 - Summary Ejectment Cases

SERVICE FEES

In Baltimore County only, constables serve civil process and checks must be made payable to District Court. In all other counties, the sheriff‘s

office is responsible for service of civil process; unless an exception follows, make check payable to the Sheriff‘s Office. (Exceptions: In

Baltimore City, checks to Sheriff must be made payable to Director of Finance. In Harford County, checks to Sheriff must be made payable to

Harford County.)

(a) Fee if served by Sheriff/Constable is $40 for each defendant or address. Fee if mailed by clerk is $10 for each defendant or address.

(b) Sheriff/Constable service required by law. Fee is $40 for each defendant. (c) Fee if served by Sheriff is $40 for each defendant or address.

(d) Fee if served by Sheriff is $60 for each defendant or address for service of paper originating from a foreign court.

OTHER CHARGES (clerical):

Photocopies $0.50 per page

Computer printouts $0.50 per page

Certification of Copies (DC 33) $5.00 per request (plus

photocopy fee)

Transcripts $75.00 deposit & $3.00 per

page for original & 1 copy

Recordings $15.00 per case

Petition for Expungement (excluding cases with verdict of acquittal) $30.00

Petition to Extend Time/Strike Bond Forfeiture $25.00

Petition to Remit Bond Forfeiture $25.00

Motion for Allowance of Expenses after Voluntary Surrender $25.00

[12-03-45]

THE JUDICIARY

253


COURT OF APPEALS OF

MARYLAND

DISCIPLINARY PROCEEDINGS This is to certify that by an Order of this Court dated December

21, 2011, THOMAS D. WALL, 183 S. Southwood Avenue,

Annapolis, Maryland 21401, has been placed on inactive status by

consent, effective immediately, from the further practice of law in

this State and his name as an attorney at law has been stricken from

the register of attorneys in this Court (Maryland Rule 16-713).

* * * * * * * * * *

This is to certify that by an Order of this Court dated January 4,

2012, AVRUM M. KOWALSKY, 602 S. Atwood Road, Suite 210,

Bel Air, MD 21014, has been reprimanded by consent.

* * * * * * * * * *

This is to certify that by an Order of this Court dated January 27,

2012, JACK BRUCE JOHNSON, 1509 Brady Court, Mitchellville,

Maryland 20721, has been disbarred by consent from the further

practice of law in this State and his name as an attorney at law has

been stricken from the register of attorneys in this Court (Maryland

Rule 16-713).

[12-03-42]

SCHEDULE Thursday, March 1, 2012

Bar Admissions

No. 93 MRA Property Management, Inc., et al. v.

(2007 T.) Susan Armstrong, et al.

AG 6 Attorney Grievance Commission of Maryland v.

(2010 T.) Henry Donald McGlade, Jr.

No. 84 Jarmal Johnson v. State of Maryland

No. 92 Nancy S. Forster v. State of Maryland, Office of the

Public Defender

Friday, March 2, 2012

No. 51 Thomas Christopher Taylor v. State of Maryland

No. 79 Maryland State Board of Elections, et al. v. Libertarian

Party of Maryland, et al.

No. 99 Ellis C. Burruss, et al. v. Board of County

Commissioners of Frederick County, et al.

No. 101 Michael T. McCloud v. Department of State Police,

Handgun Permit Review Board

Monday, March 5, 2012

AG 15 Attorney Grievance Commission of Maryland v.

Constance Anne Camus

No. 100 Kelly Swartzbaugh, et al. v. Encompass Insurance

Company of America

No. 86 Vincent T. Greco, Jr. v. State of Maryland

No. 104 Sheriff Darren M. Popkin v. Deputy Erick Gindlesperger

Tuesday, March 6, 2012

AG 14 Attorney Grievance Commission of Maryland v. Anthony

I. Butler, Jr.

AG 82 Petition of Ira C. Cooke for Reinstatement to the Bar

(2007 T.) of Maryland

No. 96 Judy Curtis v. US Bank National Association, etc.

No. 98 Erie Insurance Exchange v. Estate of Jeanne Reeside

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

Clerk‘s Office no later than 9:30 a.m. unless otherwise notified.

After March 6, 2012 the Court will recess until April 5, 2012.

BESSIE M. DECKER

Clerk

[12-05-26]

COURT OF SPECIAL

APPEALS

SCHEDULE FOR MARCH 1, 2, 5, 6, 7,

8, 9, 12, 13, 14, 15, 2012 Thursday, March 1, 2012

Courtroom No. 1

No. 02777/10 Cynthia Johnson et al. vs. Jacob Geesing et al.

Substitute Trustees

No. 02268/10 US Bank National Association as Trustee for the

Certificate Holders for Bear Stearns Asset

Backed Securities I Trust 2006-AC-5, Asset

Backed Certificate Series 2006-AC-5 vs. Louis

J. Ebert et al.

No. 00564/11 US Bank National Association as Trustee for the

Certificate Holders for Bear Stearns Asset

Backed Securities I Trust 2006-AC-5, Asset

Backed Certificate Series 2006-AC-5 vs. Branch

Banking & Trust Company, LLC

No. 02813/10 Joseph G. Jemsek vs. Maryland Board of Physcians

et al.

No. 00664/11 State of Maryland vs. William Alexander Hill

Courtroom No. 2

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

No. 02849/10 Board of Appeals of the Department of Labor,

Licensing and Regulation et al. vs. DeWayne C.

Reddick

No. 02427/10 Antoni Robert Pedzich vs. State of Maryland

No. 01849/10 Shanay Holmes vs. Housing Authority of

Baltimore City

No. 01677/10 John Gary Seymour vs. Ann Marie Seymour


Courtroom No. 1

No. 02744/10 In the Matter of Merilee Rosenberg, for The

Appointment of a Guardian of the Property

No. 02130/10 Marscher Williams et al. vs. Education Affiliates,

Inc. et al.

No. 02794/10 Gail Pinder Dobson vs. State of Maryland

No. 00874/10 State of Maryland vs. Christopher Allen

No. 02751/10 Daniel C. Hayes vs. Darien J. Pratchett

No. 00695/10 John Joseph Connelly, IV vs. Lorraine Isette

Connelly

Courtroom No. 2

No. 02630/10 LeRoy Conway et al. vs. ATTRANSCO, Inc. et al.

No. 01337/10 State of Maryland vs. Connie Frances Bridges

No. 02692/10 Ken Geter vs. State of Maryland

No. 02647/10 Dang Bui vs. Hanh Bui

No. 01438/10 Talmadge E. Swaine vs. Jacob Geesing, Substitute

Trustee et al.

THE JUDICIARY

254



Courtroom No. 1

No. 01133/11 Paul Durham, Jr. vs. State of Maryland

No. 02860/10 Kenneth Collins vs. State of Maryland

No. 02177/10 Michael A. O‘Malley vs. Johnson Health Tech Co.,

Ltd. et al.

No. 02853/10 Stan Zimmerman vs. Edward C. Cohn Substitute

Trustee et al.

No. 02170/10 Timothy P. O‘Brien, Successor Personal

Representative of the Estate of Shirley M.

Harrer vs. John S. Burson et al., Substitute

Trustees

Courtroom No. 2

No. 00180/11 Jarrell Anderson vs. State of Maryland

No. 03056/10 In Re: Gregory T.

No. 02940/09 Henri Jean-Baptiste vs. John S. Burson et al.

No. 01891/10 Troy Williams vs. Carlos Daley

No. 01919/10 State of Maryland Commission on Human

Relations vs. Board of Directors of Cameron

Grove Condominium II et al.

No. 00422/11 Judithann Wankerl vs. Tony Scott Wankerl


Courtroom No. 1

No. 01981/10 Alicia Youmans vs. Douron, Inc.

No. 02964/10 Gary J. Chackman vs. Phyllis J. Chackman

No. 02490/10 Sandra Diggs vs. State of Maryland

No. 02534/10 Ahmad Payandeh vs. Vaness Hillian

No. 02919/10 Jonathan Rossell vs. State of Maryland

No. 02307/10 Lee Thorn Relph, III vs. vs. State of Maryland

Courtroom No. 2

No. 00010/11 Beatrice Wilson vs. Ajez Ahmed et al.

No. 00531/11 Alexander Crippen vs. State of Maryland

No. 02187/10 Alan Sanford Remson vs. Karen Krausen f/k/a

Karen Remson

No. 02512/10 Susan Eren vs. Victor Calventi et al.

No. 02045/10 Helen McGowens, et al. vs. George Scott

MacGregor

No. 02447/10 Kemani S. Harding vs. Prince George‘s County,

Maryland

Wednesday, March 7, 2012

Courtroom No. 1

No. 02430/10 Estate of Steven Click et al. vs. Estate of Joanne

Click et al.

No. 02092/10 Jason Smith vs. Christopher Young

No. 02988/10 The Security Title Guarantee Corporation of

Baltimore vs. Warren Forney et al.

No. 02384/10 Stella Mantakos vs. University of Maryland

Baltimore County

No. 02073/10 Clayton W. Hamilton vs. Mayor and City Council

of Baltimore City

Courtroom No. 2

No. 02324/10 Cynthia Smith vs. D&M Management, LLC d/b/a

Greene Turtle Restaurant of Bel Air

No. 02641/10 Thomas Harris vs. Alicia Boglin

No. 02161/09 Charles Henry vs. John Cornelius Moran

No. 01219/11* Nicole Lin Goins vs. Terry Lee Wray

No. 03030/09 Shawn Carter vs. Carolyn Ware

*8-207(a)

Thursday, March 8, 2012

Courtroom No. 1

No. 02607/10 Officer Nicole Leake et al. vs. Dondi Johnson, Jr.

et al.

No. 00471/11 Richard Winn vs. State of Maryland

No. 01014/10* Tonia Sue Cygnarowicz n/k/a Tonia Sue Yamada

vs. Thomas G. Cygnarowicz

No. 00457/11 State of Maryland vs. Adrian Phillips

No. 00814/11 Baltimore City Entertainment Group, L.P. et al. vs.

Video Lottery Facility Location Commission

No. 00442/11 Dustin Hartley vs. State of Maryland

*8-207(a)

Courtroom No. 2

No. 01862/10 Craig M. Stambaugh, Jr. et ux. vs. Buryl Edward

Windle, II

No. 01913/10 Emil Payman Moshedi vs. Lisa Marie Moshedi

No. 00016/11 Ashley Peterson Dinsmore vs. Robert Orndorff

Dinsmore

No. 02940/07 James Allen Kulbicki vs. State of Maryland

No. 02857/09 Andrew Agustos Mohan vs. State of Maryland

No. 01996/09 Kevin Warren vs. State of Maryland


Courtroom No. 1

No. 01855/10 Ember Louise Buckley vs. The Brethren Mutual

Insurance Company

No. 01234/11* In Re: Brianna O.

No. 02145/10 Ron Morgan vs. Mary M. Walter

No. 00132/11 Gary Lapchak vs. Maryland Institute College of Art

No. 01871/10 Chandra Anand vs. Deutsche Bank National Trust

Company etc et al.

*8-207(a)

Courtroom No. 2

No. 02774/10 Kasha King vs. Housing Authority of Baltimore

City

No. 02795/10 Nicholas McKee vs. State of Maryland

No. 02980/10 Cynthia Rawlings vs. Maryland Department of

Health and Mental Hygiene et al.

No. 02273/10 Chikunkha H.E. Soko vs. Grace Soko

No. 00009/11 Gregory Baytler et ux. vs. Howard County Board

of Appeals et al.

No. 01764/10 Darnell Fields vs. State of Maryland

No. 01770/10 Clayton Colkley vs. State of Maryland


Courtroom No. 1

No. 02875/10 Denisa Protani vs. Riverfront, LLC et al.

No. 02650/10 Barnerico Gilmore vs. Samantha Wadkins

No. 01380/10 Annapolis Roads Property Owners Association et

al. vs. Thomas C. Lindsay, Sr. et al.

No. 02918/10 PDM Bridge, LLC vs. American Bridge Company

et al.

No. 00438/11 Taron Melvin vs. State of Maryland

No. 02575/10 Christian Radgowski vs. John Argiropoulos


All cases submitted on brief

Courtroom No. 1

No. 01441/10 Anthony T. Watson vs. Brandywine Trucks and

Equipment, Inc. et al.

THE JUDICIARY

255


No. 00499/09 James Ullysses Brooks, Jr. vs. State of Maryland

No. 01498/10 Jeffrey Lynn Black vs. State of Maryland

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

No. 02977/10 Aaron Dickerson vs. State of Maryland

No. 00139/11 Ronnie Peoples vs. State of Maryland

No. 00181/11 Marvin Warner vs. State of Maryland

No. 00202/11 Chaconda Denise Harrell vs. State of Maryland

No. 00236/11 Ronald Kearney vs. State of Maryland

No. 00278/11 Dujuan Terrell Williams vs. State of Maryland

No. 00425/11 In Re: Larry G.

No. 00434/11 Christopher Michael King vs. State of Maryland

Courtroom No. 2

No. 03039/10 Cargyle Solomon vs. James Solomon

No. 02661/10 Gerald Anthony Forest vs. Vivian K.

Morrison-Forest

No. 01354/11 In Re: Wanya F.

No. 01415/09 Joseph Allan Wiggins vs. State of Maryland

No. 02005/10 Charles Chester Johnson, III vs. State of Maryland

No. 00176/11 Willie Brown vs. State of Maryland

No. 01114/10 Lamont Davis vs. State of Maryland

No. 01146/10 Antonio Stewart vs. State of Maryland

No. 00178/11 Michael Crabtree vs. State of Maryland

Wednesday, March 14, 2012


Courtroom No. 1

No. 00441/11 William Brown vs. State of Maryland

No. 02757/10 George C. Vann vs. Charles County Department of

Social Services

No. 01239/11* In Re: Kuabriyah K., Victor H. and Jada Sha P.

No. 00447/11 Pierre Leftfel vs. State of Maryland

No. 00460/11 Montay Johnson vs. State of Maryland

No. 02732/10 Brandon Morgan Sherbs vs. State of Maryland

No. 00464/11 Rodje Sherod Williams vs. State of Maryland

No. 00504/11 Vernon Lamar Lee vs. State of Maryland

No. 02897/10 Duane Yarbrough vs. State of Maryland

*8-207(a)

Courtroom No. 2

No. 02992/10 In Re: Byron W.

No. 00815/11* Allison Mathis vs. Christopher Bosh

No. 00326/11 Kevon Jefferson vs. State of Maryland

No. 01620/10 Raynard Evans vs. State of Maryland

No. 01703/10 Eric Carl White vs. State of Maryland

No. 02032/10 Nicholas James Queen, Jr. vs. State of Maryland

No. 01769/10 Allen Banks vs. State of Maryland

No. 02498/10 Andre Hackshaw vs. State of Maryland

No. 01627/11* In Re: Lillian S. & Michael S., Jr.

*8-207(a)

Thursday, March 15, 2012


Courtroom No. 1

No. 00081/11 Edward McReady vs. University of Maryland

University College

No. 00258/11 Dakota D. McDaniel vs. State of Maryland

No. 02306/10 In Re: Bobby T.

No. 03043/10* In re: Jasmine S. and Dominique S.

No. 01350/11* In Re: Tuesday P.

No. 00196/11 Jeff Robert Valonis vs. State of Maryland

No. 00523/11 Leslie Gross vs. State of Maryland

No. 00525/11 Bernard Delaney McCree, Jr. vs. State of Maryland

No. 00477/11 David Wayne Guilfoil vs. State of Maryland

No. 00541/11 Jerome Booze vs. State of Maryland

No. 00659/11 Kelvin Banks vs. State of Maryland

No. 00744/11 Kashon Harris vs. State of Maryland

*8-207(a)

Courtroom No. 2

No. 00323/11 Russell Smith vs. Michael J. Stouffer,

Commissioner

No. 00991/10 James N. Clingan vs. M. Eve MacDonald et

al., Successor Personal Representatives of the

Estate of Robert Francis Clingan

No. 02451/10 Wilbur Sampson vs. Alethea Hawkins

No. 02547/10 In Re: Deablo Y.

No. 02581/10 Demond Coleman vs. State of Maryland

No. 02084/10 Daniel Jason Brown vs. State of Maryland

No. 02701/10 Dale Smoot vs. State of Maryland

No. 02898/10 Chaconda Denise Harrell vs. State of Maryland

No. 02101/10 Gordon Lamont Frazier vs. State of Maryland

No. 02071/10 Gilliand, LLC vs. A. H. Homes Partnership, LLC

et al.

No. 00646/09 Dennis Watts 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 March, 2012, the Court will recess until April, 2012.

LESLIE D. GRADET

Clerk

ADMINISTRATIVE ORDER

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

argument in the month of March 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 March, 2012.

Chief Judge‘s signature appears

on original Administrative Order

Dated: January 27, 2012

[12-03-43]

256


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 08

DEPARTMENT OF NATURAL

RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.04 Oysters

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

Notice of Emergency Action

[12-053-E]

The Joint Committee on Administrative, Executive, and

Legislative Review has granted emergency status to amendments to

Regulation .12 under COMAR 08.02.04 Oysters.

Emergency status began: January 19, 2012.

Emergency status expires: April 1, 2012.

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

because it appeared as a Notice of Proposed Action in 39:2 Md. R.

147 (January 27, 2012), referenced as [12-053-P].

JOHN R. GRIFFIN

Secretary of Natural Resources

Title 09

DEPARTMENT OF LABOR,

LICENSING, AND

REGULATION

Subtitle 03 COMMISSIONER OF

FINANCIAL REGULATION

09.03.12 Foreclosure Procedures for Residential

Property

Authority: Real Property Article §7-105.1, Annotated Code of Maryland

Notice of Extension of Emergency Status

[11-264-E-1]



the repeal of Regulations .01 — .03 and to new Regulations .01 —

.12 under COMAR 09.03.12 Foreclosure Procedures for

Residential Property.

Emergency status has been extended to: July 30, 2012.

Emergency action was published in: 38:23 Md. R. 1416

(November 4, 2011).

MARK A. KAUFMAN

Commissioner of Financial Regulation

EMERGENCY ACTION ON REGULATIONS

257


Title 10

DEPARTMENT OF HEALTH

AND MENTAL HYGIENE

Subtitle 24 MARYLAND HEALTH

CARE COMMISSION

10.24.17 State Health Plan for Facilities and

Services: Specialized Health Care Services —

Cardiac Surgery and Percutaneous Coronary

Intervention Services

Authority: Health-General Article, §§19-109(a)(1) and 19-118, Annotated Code of Maryland


[11-381-E-I]



Regulation .01 under COMAR 10.24.17 State Health Plan for

Facilities and Services: Specialized Health Care Services —

Cardiac Surgery and Percutaneous Coronary Intervention

Services. This action was considered by the Commission at an open

meeting held on November 17, 2011, notice of which was given

through publication in the Maryland Register, pursuant to State

Government Article, §10-506, Annotated Code of Maryland.


Emergency status expires: May 14, 2012.



1775 (December 30, 2011), referenced as [11-381-P-I].

MARILYN MOON, Ph.D.

Chair

Maryland Health Care Commission

Title 20

PUBLIC SERVICE

COMMISSION

Subtitle 61 RENEWABLE ENERGY

PORTFOLIO STANDARD PROGRAM

20.61.02 Certifiable Renewable Energy Facilities

Authority: Public Utilities Article, §§2-121, 5-101, and 7-701 — 7-713, Annotated Code of Maryland


[11-386-E]



Regulation .01 under COMAR 20.61.02 Certifiable Renewable

Energy Facilities.


Emergency status expires: June 20, 2012.



1782 — 1783 (December 30, 2011), referenced as [11-386-P].

DAVID J. COLLINS

Executive Secretary

Public Service Commission

258


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 05

DEPARTMENT OF HOUSING

AND COMMUNITY

DEVELOPMENT

Subtitle 17 COMMUNITY LEGACY

Notice of Final Action

[11-289-F]

On January 12, 2012, the Secretary of Housing and Community

Development adopted:

(1) The repeal of existing Regulations .01—.13 and new Regulations

.01—.13 under COMAR 05.17.01 Community Legacy Program; and

(2) New Regulations .01—.07 under a new chapter, COMAR

05.17.02 Designation of Sustainable Community.

This action, which was proposed for adoption in 38:21 Md. R.

1282—1288 (October 7, 2011), has been adopted as proposed.

Effective Date: February 20, 2012.

RAYMOND A. SKINNER

Secretary of Housing and Community Development

Title 07

DEPARTMENT OF HUMAN

RESOURCES

Subtitle 02 SOCIAL SERVICES

ADMINISTRATION

07.02.07 Child Protective Services —

Investigation of Child Abuse and Neglect

Authority: Family Law Article, §5-701 et seq.; Human Services Article, §§1-

202, 4-202 and 4-207; Annotated Code of Maryland; Chs. 398 and 399, Acts of 2011

(Agency Note: 42 U.S.C. 5106a(b)(2); 45 CFR §1340.20)


[11-352-F]

On January 17, 2012, the Secretary of Human Resources adopted

amendments to Regulations .04—.07, .09, .14, and .19—.21 under

COMAR 07.02.07 Child Protective Services — Investigation of Child

Abuse and Neglect. This action, which was proposed for adoption in 38:25

Md. R. 1585—1586 (December 2, 2011), has been adopted as proposed.


THEODORE DALLAS

Secretary of Human Resources


ADMINISTRATION

07.02.29 Guardianship Assistance Program

Authority: Family Law Article, §5-525; and Courts and Judicial Proceedings

Article, §3-819.2, Annotated Code of Maryland

(Agency Note: 42 U.S.C. 673(d))


[11-336-F]

On January 17, 2012, the Secretary of Human Resources adopted

new Regulations .01—.14 under a new chapter, COMAR 07.02.29

Guardianship Assistance Program. This action, which was

proposed for adoption in 38:25 Md. R. 1593—1598 (December 2,

2011), has been adopted as proposed.


THEODORE DALLS


Title 09


LICENSING, AND

REGULATION

Subtitle 10 RACING COMMISSION

09.10.04 General

Authority: Business Regulation Article, §11-210; State Government Article,

§9-1A-29, Annotated Code of Maryland


[11-339-F]

On January 17, 2012, the Maryland Racing Commission adopted

new Regulation .25 under COMAR 09.10.04 General. This action,

which was proposed for adoption in 38:25 Md. R. 1601—1602

(December 2, 2011), has been adopted as proposed.


J. MICHAEL HOPKINS

Executive Director

Maryland Racing Commission

FINAL ACTION ON REGULATIONS

259


Subtitle 12 DIVISION OF LABOR AND

INDUSTRY

09.12.31 Maryland Occupational Safety and

Health Act — Incorporation by Reference of

Federal Standards

Authority: Labor and Employment Article, §§2-106(b)(4) and 5-312(b),

Annotated Code of Maryland


[11-350-F]

On January 25, 2012, the Commissioner of Labor and Industry

adopted through incorporation by reference under COMAR 09.12.31

Maryland Occupational Safety and Health Act — Incorporation

by Reference of Federal Standards amendments and revisions

relating to Standards Improvement Project—Phase III, 29 CFR Parts

1910, 1926, and 1928, excluding Parts 1915, 1917, 1918, and 1919

published in 76 FR 33590—33612 (June 8, 2011). This action, which

was proposed for adoption in 38:25 Md. R. 1602—1603 (December

2, 2011), has been adopted as proposed.


J. RONALD DEJULIIS

Commission of Labor and Industry

Title 10


AND MENTAL HYGIENE

Subtitle 26 BOARD OF

ACUPUNCTURE

10.26.02 General Regulations

Authority: Health Occupations Article, §§1A-306 and 1A-307, Annotated

Code of Maryland


[11-354-F]

On January 27, 2012, the Secretary of Health and Mental Hygiene

adopted to amend Regulation .05 under COMAR 10.26.02 General

Regulations. This action, which was proposed for adoption in 38:25

Md. R. 1608—1609 (December 2, 2011), has been adopted as

proposed.


JOSHUA M. SHARFSTEIN, M.D.

Secretary of Health and Mental Hygiene

Subtitle 26 BOARD OF

ACUPUNCTURE

10.26.04 Rules of Procedure for Board Hearings

Authority: Health Occupations Article, §§1-606, 1A-309, and 1A-403,



[11-355-F]


adopted amendments to Regulations .01 and .02, new Regulation .10,

and the recodification of existing Regulations .10—.13 to be

Regulations .11—.14 under COMAR 10.26.04 Rules of Procedure

for Board Hearings. This action, which was proposed for adoption

in 38:25 Md. R. 1609—1611 (December 2, 2011), has been adopted

as proposed.




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-F]


adopted the repeal of existing Regulations .01—.06 and new

Regulations .01—.06 under COMAR 10.36.08 Disciplinary

Sanctions and Monetary Penalties. This action, which was

proposed for adoption in 38:24 Md. R. 1513—1515 (November 18,

2011), has been adopted as proposed.




Subtitle 22 COMMISSION ON

CRIMINAL SENTENCING POLICY

14.22.02 Criminal Offenses and Seriousness

Categories

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


[11-363-F]

On January 31, 2012, the Maryland State Commission on

Criminal Sentencing Policy adopted amendments to Regulation .02

under COMAR 14.22.02 Criminal Offenses and Categories. This

action, which was proposed for adoption in 38:26 Md. R. 1735—

1736 (December 16, 2011), has been adopted as proposed.

Effective Date: March 1, 2012.

DAVID SOULE

Executive Director

Commission on Criminal Sentencing Policy

FINAL ACTION ON REGULATIONS

260


Title 20

PUBLIC SERVICE

COMMISSION

Subtitle 50 SERVICE SUPPLIED BY

ELECTRIC COMPANIES


[11-096-F-1]

On January 19, 2012, the Public Service Commission adopted:

(1) Amendments to Regulation .03 and new Regulation .05

under COMAR 20.50.01 General Provisions; and

(2) New Regulation .05 under COMAR 20.50.10 Net

Metering.

This action, which was proposed for adoption in 38:5 Md. R.

332—334 (February 25, 2011) and reproposed in 38:22 Md. R.

1377—1378 (October 21, 2011), has been adopted as reproposed.


TERRY J. ROMINE

Executive Secretary

Public Service Commission

Title 31

MARYLAND INSURANCE

ADMINISTRATION

Subtitle 03 INSURANCE PRODUCERS

AND OTHER INSURANCE

PROFESSIONALS

31.03.06 Surplus Lines

Authority: Insurance Article, §§2-109, 3-304, 3-306, 3-307, 3-311—3-313, and 3-325(c), Annotated Code of Maryland


[11-333-F]

On January 17, 2012, the Insurance Commissioner adopted

amendments to Regulations .01-1—.03, .05, .06, .10, and .11 under

COMAR 31.03.06 Surplus Lines. This action, which was proposed

for adoption in 38:25 Md. R. 1667—1669 (December 2, 2011), has

been adopted as proposed.


THERESE M. GOLDSMITH

Insurance Commissioner

261


Proposed Action on Regulations

Title 03

COMPTROLLER OF THE

TREASURY

Subtitle 06 ADMISSIONS AND

AMUSEMENT TAX

03.06.02 Admissions and Amusement Tax

Authority: Tax-General Article, §§4-101, 4-102, and 4-105, Annotated Code

of Maryland.

Notice of Proposed Action

[12-027-P]

The Comptroller of the Treasury proposes to adopt new

Regulation .06 under COMAR 03.06.02 Admissions and

Amusement Tax.

Statement of Purpose

The purpose of this action is to provide definitions of terms used

in Tax-General Article, §4-102(d), Annotated Code of Maryland and

clarifies the computation of the State admissions and amusement tax

under Tax-General Article, §4-105(a-1), Annotated Code of

Maryland.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small

businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Sharonne Bonardi, Esq., Director of

Compliance, Comptroller of Maryland, 301 W. Preston Street, Room

203, or call 410-767-1556, or email to [email protected],

or fax to 410-767-1310. Comments will be accepted through March

12, 21012. A public hearing has not been scheduled.

.06 State Tax Payment on Electronic Bingo and Electronic Tip Jar

Machines.

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

meaning indicated.

(1) Electronic Bingo or Electronic Tip Jar.

(a) ―Electronic bingo or electronic tip jar‖ means a game

played in an electronic or electro-mechanical device that contains

predetermined winning and losing games and signals the issuance of

a winning play.

(b) ―Electronic bingo or electronic tip jar‖ includes:

(i) Electronic devices utilizing paper bingo or tip jar

tickets; and

(ii) Electronic devices utilizing computer chips or

programming that simulates paper bingo or tip jar tickets that, when

played by a customer, determines the outcome of winning or losing

that is not random or subject to change, but is based on a

predetermined set of winning or losing numbers.

(2) ―Net proceeds‖ means the total receipts from the operation

of an electronic bingo game or electronic tip jar machine less the

amount of money winnings or the cost of prizes paid out to players.

(3) ―Total receipts‖ means the entire amount of revenue from

the operation of an electronic bingo game or electronic tip jar

machine without any deductions, including any deduction of State or

local admissions and amusement tax.

B. Tax Computation.

(1) To determine the State tax due, the net proceeds from

electronic bingo and electronic tip jar machines shall be totaled and

the result multiplied by the existing tax rate as set forth in Tax-

General Article, §4-105(a-1), Annotated Code of Maryland.

(2) The State admissions and amusement tax derived from the

operation of electronic bingo and electronic tip jar machines may not

be deducted from the gross receipts derived from those activities for

purposes of calculating the local admissions and amusement tax.

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

262


(3) If the net proceeds for electronic bingo and electronic tip

jar machines subject to the State admissions and amusement tax is

also subject to the local admissions and amusement tax imposed by a

county or municipal corporation:

(a) The State admissions and amusement tax rate will be

adjusted so that the total rate for both State and local tax combined

does not exceed 35 percent; and

(b) The rate of any county or municipal corporation

admissions and amusement tax that is applicable to net proceeds

derived from electronic bingo or electronic tip jar machines may not

exceed the rate of the admissions and amusement tax imposed by the

county or municipal corporation as of January 1, 2009.

C. Tax Payment. A person who has net proceeds from electronic

bingo or electronic tip jar machines during the course of a month shall

file with the Comptroller a report of those net proceeds, accompanied by

payment of the State admissions and amusement tax, by the 10th day of

the succeeding calendar month, or for other periods and on other dates

that the Comptroller specifies by regulation.

D. Record Keeping. Each person who has total receipts from the

operation of electronic bingo and electronic tip jar machines shall

keep complete and accurate records of all activities related to the

operation of the machines for a period of 4 years and shall make

those records available for inspection and examination by the

Comptroller at any time during business hours.

E. Personal Liability.

(1) If a corporation, other than a nonstock, not-for-profit

corporation, has total receipts from the operation of electronic bingo or

electronic tip jar machines, personal liability for the State admissions

and amusement tax, interest and penalties extends to any officer of a

corporation who exercises direct control over its fiscal management.

(2) If a limited liability company or limited liability partnership

has total receipts from the operation of electronic bingo or electronic

tip jar machines, personal liability for the State admissions and

amusement tax, interest and penalties extends to any person who

exercises direct control over the fiscal management of the limited

liability company or limited liability partnership.

PETER FRANCHOT

Comptroller of the Treasury

Title 07

DEPARTMENT OF HUMAN

RESOURCES


ADMINISTRATION

07.02.12 Adoption

Authority: Education Article, §15-106.1; Human Services Article, §4-207; Family Law Article, Title 5, Subtitle 3, Subtitle 3A, Subtitle 3B, Subtitle 4,

Subtitle 4A, §§[5-101, 5-301—5-414, 5-3A-01—5-3A-07, 5-4A-01—5-4A-

07, 5-4B-01—5-4B-12,] 5-501, 5-524, 5-525, 5-525.1, 5-525.2, and 5-530; Annotated Code of Maryland;

Ch. 444, Acts of 2007; 25 U.S.C. §§1901—1963, 42 U.S.C. §670 et seq.; 45

CFR 1356.40 and 1356.41


[12-051-P]

The Secretary of Human Resources proposes to repeal existing

Regulations .01—21 and adopt new Regulations .01—.09 under

COMAR 07.02.12 Adoption.


The purpose of this action is to rewrite the adoption regulations so

that they are aligned with practice and the information is streamlined.

The revised adoption regulations focus on: 1) what occurs after

termination of parental rights and the agency has guardianship; 2)

placement for adoption; 3) post adoption; and 4) adoption subsidy.

All previous references to procedures prior to guardianship are being

incorporated into amendments to COMAR 07.02.11 Out-of-Home

Placement Program. References to adoptive home requirements are

being incorporated into amendments to COMAR 07.02.25 LDSS

Resource Home Requirements, as the requirements are the same for

resource (foster) and adoptive homes.


There is a corresponding federal standard to this proposed action,

but the proposed action is not more restrictive or stringent.





businesses.




Comments may be sent to Andrea Shuck, Acting Regulations

Coordinator, Department of Human Resources, 311 West Saratoga

Street, Baltimore, MD 21201, or call 410-767-2149, or email to

[email protected], or fax to 410-333-0637. Comments will

be accepted through March 12, 2012. A public hearing has not been

scheduled.

.01 Purpose.

Adoption services are provided to:

A. Effect a permanent plan, through adoption, at the earliest

possible time, for a child in out-of-home placement who cannot or

should not be reunited with the child’s birth parent;

B. Protect a child from unnecessary separation from the birth

parent;

C. Provide, in the shortest time possible, an adoptive family who

will ensure a child’s safety and well-being;

D. Permit adoption of a child only by individuals who are

qualified for the responsibility; and

E. Protect, as appropriate, the confidentiality of the adoption

process and share nonidentifying medical information to permit an

adopted child and adoptive family to grow and develop undisturbed.

.02 Definitions.

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

indicated.

B. Terms Defined.

(1) ―Administration‖ means the Social Services Administration

of the Department of Human Resources.

(2) ―Adoptee‖ means an individual:

(a) Whose adoption decree was issued by a Maryland court;

or

(b) Who was placed for adoption by a:

(i) Maryland licensed child placement agency; or

(ii) Local department.

(3) ―Adoption‖ means a legal proceeding:

(a) By which an individual becomes the child of an adoptive

family; and

(b) Which confers on the adopted child all the legal rights

and privileges to which a child born to the adoptive family is entitled.


263


(4) ―Adoption assistance‖ means funds or services provided by

a local department to the adoptive family on behalf of an adopted

child, which may include:

(a) Monetary payment;

(b) Medical care;

(c) Medical assistance; or

(d) Special services.

(5) ―Adoption placement‖ means the placement of a legally

free child with an approved adoptive family or individual who has

signed a placement agreement with the intent to adopt the child.

(6) ―Adoptive family‖ means an adoptive parent or legal guardian

who is eligible to receive State adoption assistance on behalf of a child.

(7) ―Aid to Dependent Families (AFDC)‖ means the federal

standard for aid as described in COMAR 07.02.11.30.

(8) ―Birth father‖ means the biological father of a child.

(9) ―Birth mother‖ means the biological mother of a child.

(10) ―Birth parent‖ means the biological mother or father of a

child, and may include both jointly or individually as is applicable.

(11) ―Birth sibling‖ means an individual who shares at least

one birth parent with an adoptee.

(12) ―Dissolution‖ means the return to foster care of a child

who has been adopted.

(13) ―Dual approval‖ means:

(a) The approval of a prospective family as a resource for

both foster care and adoption; or

(b) The approval of a prospective family as a resource for

both foster care and day care.

(14) ―Guardianship‖ means guardianship with the right to

consent to adoption or long-term care short of adoption as conferred

by a court on the executive head of a child placement agency, and

terminates the rights, duties and obligations of the birth parent.

(15) ―Independent adoption‖ means an adoption pursuant to

Family Law Article, Title 5, Subtitle 3B, Annotated Code of

Maryland.

(16) ―Indian child‖ means a Native American child as defined

in the federal Indian Child Welfare Act of 1978.

(17) ―Intercountry adoption‖ means the adoption by a

Maryland resident of a child from a country other than the United

States.

(18) ―Intermediate care rate‖ means a payment rate above the

regular rate paid to a resource family home for a child requiring

extra care and supervision because of special physical, emotional or

behavioral needs, as defined in COMAR 07.02.11.

(19) ―IV-E‖ means Title IV, Part E of the Social Security Act.

(20) ―Local department‖ means the department of social

services in a county or in Baltimore City, and the Montgomery

County Department of Health and Human Services.

(21) ―Mediation‖ means the consensual process whereby the

parties are assisted by one or more impartial mediators to voluntarily

arrive at a plan or agreement to expedite permanency or to decide

the nature and extent of future contact between the birth parent,

adoptee, and adoptive family.

(22) ―Medically fragile child‖ means a child who:

(a) Depends at least part of each day on mechanical

ventilation;

(b) Requires prolonged intravenous administration of

nutritional substances or drugs;

(c) Depends on other device-based respiratory or nutritional

support, including tracheostomy tube care, suctioning, oxygen

support, or tube feeding on a daily basis; or

(d) Depends on other medical devices that compensate for

vital body functions and requires daily or near daily nursing care,

including a child who requires:

(i) Renal dialysis as a consequence of chronic kidney

failure; or

(ii) Other mechanical devices such as catheters or

colostomy bags as well as substantial nursing care in connection with

the disabilities.

(23) ―Minor parent‖ means a parent who is younger than 18

years old.

(24) ―Nonidentifying information‖ means information

including medical and birth family history information that does not

disclose or permit disclosure of the identity or location of the birth

parent or adoptee.

(25) Nonrecurring Adoption Expenses.

(a) ―Nonrecurring adoption expenses‖ means expenses

incurred by the adoptive parent of a special needs child involved in a

public agency, private agency, independent, or intercountry

adoption, or through a child placement agency licensed in another

state if the family is not applying for or receiving adoption assistance

from that state.

(b) Nonrecurring adoption expenses include:

(i) Reasonable and necessary adoption fees;

(ii) Court costs;

(iii) Attorney’s fees;

(iv) The adoption home study costs, including health and

psychological examinations;

(v) Supervision of the placement before adoption;

(vi) Transportation; and

(vii) The reasonable costs of lodging and food for the

child and adoptive parent incurred during preplacement visits.

(26) ―Open adoption‖ means an adoption in which it is the

expressed intent of all parties to the adoption that the child maintain

contact, including the possibility of visitation, with the birth parent or

other birth relatives.

(27) Out of Home Placement.

(a) ―Out-of-Home Placement‖ means placement of a child

into foster care, kinship care, group care, or residential treatment

care.

(b) ―Out-of-Home Placement‖ includes an adoptive

placement.

(28) ―Parent‖ means the legal mother or father of a child or

the biological mother or father whose rights have not been

terminated, or a legal guardian other than a local department.

(29) ―Permanency plan‖ has the meaning stated in COMAR

07.02.11.

(30) ―Post adoption assistance‖ means a monthly adoption

assistance authorized after finalization of an adoption based on a

condition that was present but not known or discovered at the time of

the adoption.

(31) ―Post placement services‖ means services provided after

adoptive placement to a child and the child’s adoptive family after

placement but before entry of a final decree of adoption.

(32) ―Private agency‖ means an organization licensed by the

Administration for the placement of children in homes or with

individuals.

(33) ―Public agency‖ means a local department of social

services.

(34) ―Regular care rate‖ means the rate paid for a child in

foster care who requires regular care and supervision.

(35) ―Special needs factor‖ means a condition specific to a

child that prevents the child’s placement without the provision of

adoption assistance or medical benefits, including:

(a) A child 6 to 17 years old;

(b) Physical or mental disease or disability;

(c) Emotional disturbance;

(d) Membership in a sibling group;

(e) Recognized high risk of physical or mental disability or

disease; or

(f) Race or ethnicity if combined with any of these factors.


264


(36) ―Termination of parental rights‖ means the legal process

of ending the rights and responsibilities of the parent.

(37) ―Treatment foster care‖ means a program designed and

implemented by a local department or child placement agency to

provide intensive casework and treatment in a family setting to

children with special physical, emotional, or behavioral needs as

described in COMAR 07.02.11.

.03 Placement for Adoption.

A. The decision to select a particular family for a child shall be

based on the child’s best interests and shall include consideration of:

(1) The needs of the child;

(2) The ability of a prospective adoptive family to meet the

child’s overall physical, mental, emotional, and psychological needs,

as well as any identified special needs; and

(3) The capacity of the prospective adoptive family to address

the child’s needs based on the child’s cultural, ethnic, and racial

background.

B. The local department may not delay or deny the placement of a

child for adoption on the basis of race, color, or national origin of

the prospective adoptive family or the child involved.

C. Documentation in the case record of efforts to locate a family

for a child shall include:

(1) Photo listing;

(2) Dates and descriptions of events attended by the child that

provide an opportunity for the child to meet potential adoptive

parents; and

(3) Written descriptions of the child used to promote the

adoption.

D. Open Adoption.

(1) Open adoption may permit contact between an adopted

child and the child’s birth relatives, including:

(a) Birth parents;

(b) Grandparents: or

(c) Siblings.

(2) A local department may explore an open adoption when:

(a) Older children in out-of-home care have formed

significant emotional attachments to their birth parent or other birth

relatives; or

(b) It is otherwise appropriate and in the child’s best

interests to maintain contact with the child’s birth parent or birth

relatives.

(3) Open adoption arrangements may be flexible to address the

desires of the parties and the needs of the child and may include:

(a) Face-to-face contacts;

(b) Communication using electronic mail and social

networking sites; and

(c) The exchange of cards, letters, or phone calls, either

directly or through a third party.

(4) If mediation is used to facilitate an open adoption or

adoption finalization, the local department shall:

(a) Provide information to all parties regarding the

mediation process; and

(b) Make any necessary referrals so that mediation may

occur.

E. Selection of an Adoptive Home for a Child.

(1) In an adoptive placement of an Indian child, the local

department shall give preference to placement as set forth in the

federal Indian Child Welfare Act of 1978.

(2) When a child is in need of an adoption placement, the local

department shall take the following steps to recruit adoptive families

who can meet the child’s individual needs:

(a) Within 15 working days of a change in the permanency

plan by the court to adoption, determine whether there is an

appropriate adoptive family, approved by the local department, who

is committed to adopt the child when the termination of parental

rights petition is granted;

(b) Consistent with the best interests of the child, consider

the following adoptive placement options in order of priority:

(i) Adoption by a relative;

(ii) Adoption by the current foster parent with whom a

child has resided continually for at least 12 months or for a sufficient

length of time to establish positive relationships and family ties; or

(iii) Adoption by another adoptive family;

(c) If no appropriate local department approved family

resource is identified within 15 working days of the change in the

permanency plan, provide a strengths-based narrative, as described

in §E(3) of this regulation, to the Maryland Adoption Resource

Exchange (MARE) to identify prospective adoptive families; and

(d) Continue to engage in recruitment efforts until a

permanent placement is achieved for the child unless there is a

change in the child’s permanency plan.

(3) The MARE narrative shall be a strengths-based narrative

that:

(a) Is respectful of the child’s confidentiality concerns

regarding the child’s:

(i) Identifying information;

(ii) History; and

(iii) Current behavioral issues; and

(b) Provides an accurate description of the child’s:

(i) Personality;

(ii) Recreational interests; and

(iii) Ties to birth relatives.

F. Child Specific Recruitment Efforts.

(1) Some children may need child-specific recruitment efforts

to recruit an adoptive family because of:

(a) Unique emotional needs that require families with

parenting experience;

(b) Membership in a sibling group, and it would be in the

children’s best interests to be placed together;

(c) Physical, mental, or medical conditions indicating that

the child will need a family with the capacity and the ability to make

use of community resources and to advocate on behalf of a child with

special needs; or

(d) Race or ethnicity, although the child’s membership in a

minority race or ethnic group alone does not qualify for child specific

recruitment.

(2) Aggressive Recruitment and Placement of Siblings.

(a) Aggressive recruitment efforts shall be made to locate an

appropriate family willing to adopt a sibling group for whom the

Department has determined that placement together is in the

siblings’ best interest.

(b) If aggressive recruitment efforts fail to locate an

appropriate family willing to adopt the siblings, preference for the

separate placement of the siblings shall be given to families who are

willing to assist the children in maintaining contact with each other.

(3) When difficulty in locating an appropriate adoptive family

for a child is anticipated, the child shall be listed with MARE,

AdoptUsKids, and other adoption exchanges before the 15th working

day mandatory deadline in order to extend the parameters of the

search as early as possible.

.04 Post Adoption Services.

A. Post adoption services may be provided to support the adoptive

placement in accordance with available staff resources.

B. Upon request of the adoptive family, the local department may

make the following services available:

(1) Short-term adoption related counseling;

(2) Information and referral services; and


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(3) Provision of any additionally acquired medical, social,

psychological, and genetic history of the minor adoptee to the

adoptive family.

C. The agency shall provide services to the birth parent of an

adopted individual until the adoptee is 21 years old:

(1) Providing a birth parent the opportunity to update agency

records with the appropriate birth family history;

(2) Providing a birth parent the opportunity to release the

agency from the confidentiality requirements relating to identifying

information requested by the adult adoptee at some later date;

(3) Accepting from a birth parent medical information critical

to the adoptee’s growth and development, and making full effort to

communicate this to the adoptive family or the adult adoptee, as

appropriate;

(4) Accepting from an adoptee or the adoptive family medical

information which may be critical to the birth family, and making

efforts to communicate this to the birth family; and

(5) Providing information and referral, when appropriate,

regarding services available through the Mutual Consent Voluntary

Adoption Registry and search, contact, and reunion services as set

forth in COMAR 07.02.13.

D. The local department shall provide information to the adoptive

family regarding the following:

(1) Counseling in support of the placement and to prevent

dissolution of the adoption;

(2) Post Adoption Permanency Program services as described

in §F of this regulation;

(3) Referral services; and

(4) The Maryland Tuition Waiver and the Maryland Education

and Training Voucher program as set forth in COMAR 07.02.11.

E. Release of Nonidentifying Information.

(1) Upon request of an adoptee, or the adoptive or birth parent,

a local department shall release all non-identifying medical and birth

family history information contained in the closed adoption file to the

adoptee.

(2) When a local department has no medical information, local

department staff shall inform the adoptee or birth parent of the:

(a) Lack of the requested information; and

(b) Right to petition the court to appoint a special

intermediary to gather the needed medical information if the adoptee

or a blood relative of the adoptee or birth parent has an urgent need

for the medical information.

(3) When an adoptee or birth parent petitions the court for

medical information, a local department shall attempt to locate the

adoptee or the birth parent in order to obtain the needed medical

information after the court:

(a) Makes a judicial determination that there is an urgent

need for the medical information; and

(b) Appoints the local department as the intermediary.

(4) When a local department has been appointed intermediary

and the adoptee or birth parent has been located, the local

department:

(a) Shall advise the individual of the need for the medical

information without revealing any identifying information about the

adoptee or birth parent:

(b) May not encourage or discourage contact between the

adoptee and the individual’s birth parent; and

(c) Shall file a confidential report with the court addressing

the efforts to contact the adoptee and the birth parent and the results

when efforts to locate the adoptee or birth parent are completed.

(5) A local department shall:

(a) Provide all the available information on the location of

the birth parent to anyone who has been court ordered to act as

intermediary; and

(b) Place a copy of the court order appointing the

intermediary in the records of the individuals involved.

F. Post Adoption Permanency Program Services.

(1) The purpose of the Post Adoption Permanency Program

services is to provide post adoption assistance in the form of services

to children adopted through a public agency or a licensed private

agency and their adoptive families.

(2) A local department shall notify families of the availability of

support services during the adoption orientation process.

(3) Upon the request of an adoptive parent for available post

adoption support services, the local department of social services

shall:

(a) Obtain a copy of the adoption petition from the adoptive

family requesting support services;

(b) Conduct a clinical assessment of the needs of the child

and the adoptive family; and

(c) Determine whether the adopted child is in danger of out-

of-home placement and in need of post adoption support services not

available from other resources.

(4) Upon determining that an adopted child and adoptive

family are in need of post adoption support services the local

department shall:

(a) Develop with the family a proposed post adoption

support services plan that:

(i) Identifies treatment goals;

(ii) Suggests treatment modalities; and

(iii) Recommends services;

(b) Select appropriate vendors from those providers

approved by the local department; and

(c) Submit the plan to the Administration for review and

funding plan approval.

(5) Upon submission of the proposed support services plan, the

Executive Director or designee shall determine whether to approve

the service plan and the funding necessary to implement the plan.

(6) The Administration shall notify the local department of the

status of the proposed service plan within 15 days of receipt of the

service plan request.

(7) Funds available for the provision of post adoption support

services shall be:

(a) Limited to the maximum amount established by the

Maryland General Assembly; and

(b) Provided during a fixed year until allocated funds are

expended.

(8) The local department shall provide the post adoption

support services to the adopted child or the adoptive family upon

approval and release of funds by the Administration.

(9) Services may include:

(a) Short-term adoption-related counseling;

(b) Medical treatment;

(c) Mental health services;

(d) Crisis intervention services; and

(e) Information and referral services.

.05 Title IV-E Monthly Adoption Assistance.

A. Adoption assistance is medical benefits, and in appropriate

cases a monthly payment, provided to adoptive families on behalf of

eligible children to help the family defray the costs of meeting a

child’s special needs.

B. The Administration shall offer adoption assistance to the parent

of an eligible child that meets the eligibility criteria for an applicable

child or a nonapplicable child.

C. An eligible child shall be under the guardianship of a local

department or a licensed private placement agency, or have been

adopted in a consensual adoption pursuant to Family Law Article,

§5-338, Annotated Code of Maryland.


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D. IV-E Child Eligibility Criteria.

(1) A child who is not a citizen or resident of the United States

and who was either adopted outside the United States or brought to

the United States for the purpose of being adopted may not be

considered an applicable child, unless:

(a) The adoption dissolves or the adoptive parent dies; and

(b) The child is subsequently adopted from out-of-home

placement.

(2) The Administration shall determine that a child is an

applicable child, has special needs, and meets certain placement or

medical criteria prior to an adoption in order for a child to receive

IV-E adoption assistance.

(3) A child is an applicable child if:

(a) The child is:

(i) 16 years old or older in fiscal year 2010;

(ii) 14 years old or older in fiscal year 2011; or

(iii) 12 years old or older in fiscal year 2012, with the

age decreasing by 2 years each year until October 2017 when a child

of any age will meet this criterion;

(b) The child has been in foster care under the responsibility

of the Title IV-E agency for at least 60 consecutive months; or

(c) The child is the sibling of a child that meets either the

age or time in foster care requirements in §§D(3)(a) and (b) of this

regulation, and the siblings are placed in the same adoptive

placement.

(4) Special needs for an applicable child exist when the child

cannot or should not be returned to the home of the parent and:

(a) The child meets all medical or disability requirements

for SSI, or one of the special needs factors exist; and

(b) Reasonable but unsuccessful efforts have been made to

place the child without assistance, unless the child is being adopted

by their foster parent and has significant emotional ties with that

person.

(5) An applicable child meets placement or medical criteria if:

(a) The child is in the care of a public agency or a licensed

child placement agency or tribe pursuant to:

(i) An involuntary removal in accordance with a judicial

determination that it is contrary to the child’s welfare to remain in

the home;

(ii) A voluntary placement agreement; or

(iii) A voluntary relinquishment;

(b) The child meets all medical and disability eligibility

requirements of SSI;

(c) The child was residing in a foster family home or

childcare institution with their minor parent, and the minor parent

was removed from the home pursuant to either:


determination that it was contrary to the child’s welfare to remain in

the home; or

(ii) A voluntary placement agreement or a voluntary

relinquishment; or

(d) The child was eligible for adoption assistance in a prior

adoption and is now being subsequently adopted because the

adoptive parents have died or their parental rights have been

terminated.

E. Nonapplicable Child Eligibility Criteria.

(1) A nonapplicable child is a child that does not meet the

applicable child criteria as detailed in §D of this regulation.

(2) A nonapplicable child will be eligible for IV-E adoption

assistance if the child is a special needs child and the child meets

certain placement or medical criteria prior to the adoption.

(3) A nonapplicable child is a special needs child if:

(a) The child cannot or should not be returned to the home

of the parent;

(b) One of the special needs factors exists; and

(c) Reasonable but unsuccessful efforts have been made to

place the child without adoption assistance, unless the child has

significant emotional ties with their foster parent.

(4) A nonapplicable child meets the placement or medical

criteria prior to the adoption if:

(a) The child is Aid to Families with Dependent Children

eligible at the time of removal pursuant to:


determination it is contrary to the child’s welfare to remain in the

home; or

(ii) A voluntary placement agreement wherein the child

received IV-E foster care payments in that placement;

(b) The child is eligible for SSI;

(c) The child’s minor parent was in foster care and received

foster care maintenance payments that covered the minor parent and

the child; or

(d) The child was eligible for adoption assistance in a prior

adoption and is now being subsequently adopted because the

adoptive parents have died or their parental rights have been

terminated.

F. Payments.

(1) The adoption assistance payment shall be determined

through negotiation and agreement between the local department and

the adoptive parent.

(2) The adoption assistance payment may be combined with the

parent’s financial resources to assist with meeting the child’s

identifiable, quantifiable current and future needs.

(3) The amount and duration of the payment:

(a) Shall be based on the needs of the child and the

circumstances of the family; and

(b) May not exceed the foster care payment received by the

foster parents for the child.

(4) The amount of the adoption assistance payment for a

medically fragile child adopted by his or her treatment foster parents

may not exceed the foster care payment received by the treatment

foster parents up to a maximum of $2,000.

(5) The local department may determine a $0 payment is

appropriate in certain circumstances, including:

(a) Adoption assistance is not needed by the parent at the

time the adoption is finalized to defray the cost of meeting the child’s

special needs; or

(b) The child is at risk of developing a physical or mental

disease or disability, but is not currently symptomatic.

(6) Allowances, paid to the resource parents in addition to the

foster care payment, such as those for transportation, day care, or

camp, or differential amounts paid to resource parents in certain

counties, may not be included in the negotiated adoption assistance

rate.

(7) Negotiation.

(a) The local department shall negotiate the amount of the

adoption assistance based upon the:

(i) Needs of the child;

(ii) The circumstances of the family; and

(iii) The family’s ability to incorporate the child into their

household.

(b) As a part of the negotiation process, the local

department shall assess the child’s needs based on:

(i) Documentation in the record;

(ii) Documentation provided by the adoptive family; and

(iii) Any additional relevant information.

(c) The negotiation process shall include a discussion of:

(i) The child’s needs and the family’s circumstances; and

(ii) The assistance the local department may provide to

help the family assume primary financial responsibility for the child.


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(d) The local department and the adoptive parent shall

explore the availability of other resources such as SSI and other

Social Security benefits, adoption tax credits, educational or

vocational training assistance, and community supports that may be

available to meet the child’s needs on an ongoing basis after the

adoption is finalized.

(8) Concurrent Receipt of Benefits at the Time of the Adoption

Finalization.

(a) The local department shall advise the family that, if the

nonapplicable child receives SSI and adoption assistance at the same

time, the SSI benefits will be reduced on a dollar-for-dollar basis in

the amount of the IV-E adoption assistance.

(b) If a child receives other Social Security benefits, such as

survivor’s benefits, retirement benefits, or old age benefits, the

amount of these benefits may be considered when negotiating the

amount of the adoption assistance.

(c) The adoptive family shall report their receipt of adoption

assistance to the Social Security Administration.

(9) Adoption assistance payments shall become effective on the

date the adoption is finalized.

G. Adoption Assistance Agreement.

(1) An adoption assistance agreement shall be:

(a) In writing;

(b) Binding on all parties;

(c) On a form approved and distributed by the

Administration; and

(d) Signed by the director of the local department or

designee and the adoptive parent prior to the finalization of the

adoption.

(2) If the Maryland adoptive parent and the child move to

another state:

(a) The adoption assistance agreement shall remain in

effect;

(b) The adoptive parent shall be referred by the local

department to the appropriate federal Title XIX and Title XX

agencies in the adoptive parent’s state of residence; and

(c) The local department shall provide the state of residence

with documentation regarding the child’s eligibility for Medicaid and

Title XX services as provided by the state of residence.

H. Medical Benefits.

(1) A child who has an adoption assistance agreement in effect

is eligible for Medicaid benefits under the state Medicaid plan in his

or her state of residence.

(2) Children who have an adoption assistance agreement that

provides for a $0 monthly payment shall be eligible for Medicaid.

I. Interstate Adoption.

(1) The state that holds guardianship of the child prior to

finalization shall be responsible for entering into the adoption

assistance agreement.

(2) The adoption assistance amount shall not exceed the foster

care payment the parent would have received if the child were in

foster care in Maryland, or if the child is placed in another state, the

adoption assistance amount shall be no more than the applicable

board rate in that state, whichever is higher.

(3) In order to protect the interests of the child, the local

department shall follow the procedures established by the Interstate

Compact on Adoption Medical Assistance to facilitate the interstate

coordination of benefits.

J. Death of Adoptive Parents or Dissolution of the Adoption. If a

child is receiving IV-E adoption assistance and the adoptive parents

die or the parental rights of the adoptive parents are terminated, the

adoption assistance may be paid on behalf of the child:

(1) In a subsequent adoption; and

(2) If the child continues to meet the special needs factor

criteria.

K. Annual Redetermination.

(1) A local department shall review a child’s continued

eligibility for adoption assistance on an annual basis.

(2) The adoptive parent shall notify the local department of

circumstances that would make them ineligible for adoption

assistance payments or for adoption assistance payments in a

different amount.

(3) A local department shall send a redetermination packet to

the adoptive family at least 90 days prior to the annual renewal due

date.

(4) At least 60 days prior to the annual renewal due date, an

adoptive family shall submit documentation to the local department

to enable the department to confirm the child’s continued eligibility

for adoption assistance at the current adoption assistance rate.

(5) Education, vocational training, and disability

documentation for a child younger than 18 years old includes:

(a) Proof of routine medical care provided to the child

within 6 months prior to the renewal date for the child who is not

required to attend school due to age;

(b) Proof of enrollment and attendance for the child who is

of the age where school attendance is compulsory in the form of:

(i) A current report card;

(ii) Documentation of current participation in a home

and hospital educational program approved by the educational

agency in the child’s place of residence; or

(iii) Documentation that the child is currently incapable

of attending school on a full-time basis due to a documented medical

condition of the child; and

(c) Proof of current enrollment in the program and proof of

routine medical care provided to the child within 6 months prior to

the renewal date for the child who is enrolled in a home school

program approved by the educational agency in the child’s place of

residence.

(6) Education, vocational training, and disability

documentation for a child 18 years old or older includes:

(a) Documentation of a current mental or physical disability

that warrants the continuation of adoption assistance; or

(b) If the child began receiving adoption assistance after

reaching 16 years of age, documentation of:

(i) Enrollment in school;

(ii) Participation in a program or activity that promotes

or reduces barriers to employment;

(iii) Employment for at least 80 hours per month; or

(iv) A medical condition due to which the child is

incapable of any of these activities.

(7) If an adoptive family’s failure to return the required

information for renewal to the local department leads the

Department to conclude that one of the bases for terminating the

adoption assistance as stated in §M of this regulation exists, the local

department may terminate the adoption assistance.

L. Renegotiation of Adoption Assistance.

(1) The amount of the adoption assistance may be

renegotiated at the request of the adoptive parent or the local

department at any time while the adoption assistance agreement is in

effect.

(2) To assist in the renegotiation process, the local

department shall request information from the adoptive family

regarding any changes in circumstances that would justify an

adjustment in the amount of adoption assistance, such as the child’s

entry into out-of-home placement, and such information may include:

(a) School reports;

(b) Psychological evaluations;

(c) Medical reports;

(d) Costs and descriptions of services needed for the

child, including documentation that services are not covered by the


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current adoption assistance amount or by medical assistance or

community resources; and

(e) The amount of the adjustment requested.

(3) The renegotiated adoption assistance amount may not

exceed the foster care payment the foster parent would have received

for the child.

(4) Changes in the adoption assistance amount shall be

agreed to by the adoptive parent and approved by the Administration.

(5) If a child receives other Social Security benefits, such as

survivor’s benefits, retirement benefits, or old age benefits, the IV-E

monthly adoption assistance payment may not be reduced to reflect

receipt of this resource unless the adoptive parent agrees to the

reduction.

M. Termination of IV-E Adoption Assistance.

(1) IV-E adoption assistance for an adoptive child shall be

terminated when the adoptive child is 18 years old unless:

(a) The adoptive child who the local department has

determined to have a mental or physical disability that warrants the

continuation of assistance may continue to receive IV-E adoption

assistance until age 21; or

(b) The adoptive child who was 16 years old or older when

the adoption assistance payments began may continue to receive IV-

E adoption assistance until age 21 provided that subsequent to the

child’s 18th birthday the child is:

(i) Completing secondary education or a program

leading to an equivalent credential;

(ii) Enrolled in or attending a Maryland Higher

Education Commission institution of higher learning or an

equivalent;

(iii) Enrolled in or attending a vocational training

program;

(iv) Participating in a program or activity designed to

promote, or remove barriers to, employment;

(v) Employed for at least 80 hours per month; or

(vi) Incapable of doing any of the above described

activities due to a medical condition.

(2) IV-E adoption assistance shall be terminated when:

(a) The adoptive parents or the adoptive child dies;

(b) The adoptive parent is no longer legally responsible for

the child; or

(c) The adoptive parent is no longer providing any financial

support to the child.

(3) At least 30 days before the planned termination, the local

department shall send the adoptive parent a notice that includes:

(a) The intent to terminate the adoption assistance;

(b) The specific regulations providing grounds for

termination; and

(c) A statement describing the adoptive family’s right to

appeal.

.06 State-Funded Monthly Adoption Assistance.

A. State-funded adoption assistance is medical benefits, and in

appropriate cases a monthly payment, to adoptive families on behalf

of eligible adoptive children with special needs that is intended to

help defray the cost of raising such children.

B. An eligible child:

(1) Is not eligible for a IV-E monthly adoption assistance;

(2) Is in the guardianship of a public or private agency or is

going to be adopted in a consensual adoption pursuant to Family

Law Article, §5-338, Annotated Code of Maryland; and

(3) Has a special needs factor as set forth in Regulation

.02B(35) of this chapter.

C. Payments.

(1) The adoption assistance payment shall be determined

through negotiation and agreement between the local department and


(2) The adoption assistance payment may be combined with the

parent’s financial resources to assist with meeting the child’s


(3) The amount and duration of the payment:

(a) Shall be based on the needs of the child and the

circumstances of the family; and

(b) May not exceed the foster care payment received by the

foster parents for the child.

(4) The amount of the adoption assistance payment for a

medically fragile child adopted by his or her treatment foster parents

may not exceed the foster care payment received by the treatment

foster parents up to a maximum of $2,000.

(5) Additional allowances, such as those for transportation,

day care, camp, or other differential amounts paid to resource

parents in certain counties, that may be paid to a resource parent in

addition to the board rate may not be included in the adoption

assistance rate.

(6) Negotiation.

(a) A local department shall negotiate the amount of the

adoption assistance based upon the needs of the child and the

circumstances of the family and the family’s ability to incorporate the

child into their household.

(b) As part of the negotiation process, a local department

shall assess a child’s needs based on documentation in the record or

provided by the adoptive family and any additional relevant

information.

(c) The negotiation process shall include a discussion of the

child’s needs, the family’s circumstances, and the assistance a

department may provide to help a family assume primary financial

responsibility for a child.

(d) The local department and the adoptive parent shall

explore the availability of other resources, such as SSI and other

Social Security benefits, adoption tax credits, tuition waivers,

educational or vocational training assistance, and community

supports that may be available to meet the child’s needs on an

ongoing basis after the finalization of the adoption.

(7) Concurrent Receipt of Benefits or Other Income.

(a) If a child receives SSI and State-funded adoption

assistance, the SSI shall be reduced dollar for dollar in the amount of

the adoption assistance.

(b) If a child receives other Social Security benefits, such as

disability, survivor’s benefits or retirement benefits, or other income,

the monthly adoption assistance payment shall be reduced to reflect

the receipt of the additional resources.

(8) Adoption assistance payments shall become effective at the

time of the adoption finalization.

D. Adoption Assistance Agreement.

(1) An adoption assistance agreement shall be in writing, and

binding on all parties.

(2) An adoption assistance agreement shall be on a form

approved and distributed by the Administration.

(3) An adoption assistance agreement shall be signed by the

director of a local department, or designee, and the adoptive parent

prior to the finalization of the adoption.

E. Medical Benefits.

(1) A child who is eligible for State-funded adoption assistance

is eligible for Medicaid under Maryland’s Medicaid State plan.

(2) A child with an adoption assistance agreement that

provides for a $0 monthly payment shall be eligible for Medicaid

under Maryland’s Medicaid State plan.


269


(3) A State-funded adoption assistance recipient who moves to

another state may be eligible for Medicaid in the new state of

residence if the state offers reciprocity for children from Maryland

who have a State-funded adoption assistance agreement.

F. Interstate Adoption.

(1) The state that held guardianship prior to finalization shall

be responsible for entering into an adoption assistance agreement.

(2) An adoption assistance payment shall be no more than the

foster care payment the parent would have received if the child were

in foster care in Maryland, or the applicable board rate in the state

of residence, whichever is higher.

(3) The adoption assistance agreement shall remain in effect if

the Maryland adoptive parent and the child move to another state.

(4) The adoptive parent shall be referred by the local


agencies in their state of residence.

(5) The local department shall provide the state of residence

with documentation regarding the child’s eligibility for Medicaid and

Title XX services as provided by the state of residence.

(6) In order to protect the interests of the child, the local


Compact on Adoption Medical Assistance to facilitate the interstate

coordination of benefits.

G. Death of Parents and Dissolution of the Adoption.

(1) Adoption assistance may not be denied to a child whose

adoption has dissolved or whose adoptive parents have died if the

child:

(a) Received an adoption assistance during the child’s prior

adoption; and

(b) Continues to meet the special needs eligibility criteria

set forth in §B of this regulation.

(2) The adoption assistance may be paid on behalf of the child

to a subsequent caretaker if:

(a) The caretaker assumes guardianship of the child; and

(b) The local department has determined that the caretaker

is able to provide appropriate care for the child.

H. Annual Redetermination.

(1) The local department shall confirm annually the child’s

continued eligibility for adoption assistance.

(2) At least 90 days prior to the renewal due date, the local

department shall send the adoptive family a written request for the

required information necessary for redetermination.

(3) At least 60 days prior to the annual renewal due date, the

adoptive family shall submit documentation to enable the local

department to determine that:

(a) The family is still legally and financially responsible for

the care of the child at the time of the redetermination;

(b) The child continues to meet the special needs criteria;

and

(c) The current amount of the adoption assistance payment

is appropriate.

(4) In addition to their most recent federal income tax return,

the family shall submit:

(a) If the child is younger than 18 years old and not required

to attend school due to age, proof of routine medical care provided to

the child within 6 months prior to the renewal date;

(b) If the child is younger than 18 years old and of the age

where school attendance is compulsory:







condition of the child;

(c) If the child is enrolled in a home school program

approved by the educational agency in the child’s place of residence,

proof of current enrollment in the program and proof of routine

medical care provided to the child within 6 months prior to the

renewal date; or

(d) If the child is 18 years old or older:

(i) Proof of enrollment and participation in an

educational or vocational program;

(ii) Proof of employment of at least 80 hours per month;

or

(iii) Documentation that indicates the child is currently

incapable of engaging in these activities due to a documented

disability or medical condition.

(5) Suspension.

(a) A local department may suspend the adoption assistance

because of the adoptive family’s failure to return the required

information for renewal to the department.

(b) At least 30 days in advance of the planned suspension of

the adoption assistance payments, a local department shall send the

adoptive parent a:

(i) Notice that includes the intent to suspend the adoption

assistance;

(ii) Statement of the specific regulations cited as grounds

for suspension; and

(iii) Statement describing the adoptive family’s right to

appeal the decision to the local department.

(c) If the payment is suspended, the payment may be

reinstated on the date the adoptive family provides the required

documentation.

I. Renegotiation of Adoption Assistance.

(1) The amount of the adoption assistance may be renegotiated

at the request of the adoptive parent or the local department at any

time while the adoption assistance agreement is in effect.

(2) To assist in the renegotiation process, the local department

shall request information from the adoptive family regarding any

changes in circumstances that would justify an adjustment in the

amount of adoption assistance, such information may include:

(a) School reports;



(d) Costs and descriptions of services needed for the child,

including documentation that services are not covered by the current

adoption assistance amount or by medical assistance or community

resources; and


(3) The renegotiated adoption assistance amount may not

exceed the foster care payment the parent would have received if the

child were in foster care.


approved by the Administration.

(5) If a child receives Social Security benefits, such as

survivor’s benefits, retirement benefits, or old age benefits, the State-

funded monthly adoption assistance payment may be reduced to

reflect receipt of this resource.

J. Termination of Adoption Assistance.

(1) State-funded adoption assistance may be terminated upon

the occurrence of any of the following conditions:

(a) A child re-enters out-of-home placement;

(b) A legally responsible adoptive parent no longer provides

the child’s primary financial support;

(c) An adoptive parent’s rights have been terminated;

(d) An adoptive parent dies and there is no suitable

subsequent caregiver; or

(e) The child’s 18th birthday if the child does not meet the

conditions of §J(2) of this regulation.


270


(2) The adoptive child may continue to receive adoption

assistance until their 21st birthday provided that subsequent to the

child’s 18th birthday the child is:

(a) Completing secondary education or a program leading

to an equivalent credential;

(b) Enrolled in or attending a Maryland Higher Education

Commission institution of higher learning or an equivalent;

(c) Enrolled in or attending a vocational training program;

(d) Participating in a program or activity designed to

promote, or remove barriers to, employment;

(e) Employed for at least 80 hours per month; or

(f) Incapable of doing any of the above described activities

due to a medical condition.

(3) At least 30 days before the planned termination, a local



(b) A statement of the specific regulations cited as grounds

for termination; and


appeal.

.07 Post Adoption Assistance.

A. A post adoption assistance payment is a State-funded monthly

payment to adoptive families on behalf of adoptive children who have

a condition that would have made them eligible for adoption

assistance had the condition been known prior to finalization of their

adoption.

B. A child may be eligible for post adoption assistance if:

(1) The child was in the guardianship of a Maryland public or

Maryland private agency at the time of the adoption; and

(2) The child has a documented condition that if known at the

time of the finalization of the adoption would have made the child

eligible for adoption assistance.

C. Payments.

(1) A post adoption assistance payment shall be determined

through negotiation and agreement between a local department and


(2) The post adoption assistance payment may combine with

the parent’s financial resources to assist with meeting the child’s


(3) The amount of a post adoption assistance payment may not

exceed the foster care payment the parent would have received for

the child if the child were in foster care at the time the adoption was

finalized.

(4) The local department may determine a $0 payment is

appropriate for an eligible child who otherwise qualifies for the

adoption assistance, if the Administration determines that:

(a) Post adoption assistance is not needed by the parent to

defray the cost of meeting the special needs of the child at the time

the post adoption agreement is entered into; or

(b) The child had a physical or mental disease or disability

at the time of finalization, but is not currently symptomatic.

(5) Negotiation.

(a) A local department shall negotiate the amount of the post

adoption assistance based upon the needs of the child and the

circumstances of the family, and the family’s ability to incorporate

the child into their household.

(b) As part of the negotiation process, a local department

shall assess the child’s needs based on documentation in the record

or provided by the adoptive family and any additional relevant

information.

(c) The negotiation process shall include a discussion of the

child’s needs, the family’s circumstances, and the assistance the local

department may provide to help the family provide for the special

needs of the child.

(d) The local department and the family shall explore the

availability of other resources to meet the child’s needs on an

ongoing basis, such as SSI and other Social Security benefits,

adoption tax credits, tuition waivers, and community supports that

may be available.

(6) Concurrent Receipt of Benefits or Other Income.

(a) If a child is eligible for SSI and State-funded post

adoption assistance, the SSI shall be reduced dollar for dollar in the

amount of the post adoption assistance.

(b) If a child receives Social Security benefits, such as

survivor’s benefits or retirement benefits, or other income, the

monthly post adoption assistance shall be reduced to reflect this

resource.

(7) Post adoption assistance payments begin at the time the

adoption assistance agreement is signed by the parties.

D. Post Adoption Assistance Agreement.

(1) A post adoption assistance agreement shall be in writing,

binding on all parties, and between a local department and the family

and the relevant agencies.

(2) The post adoption assistance agreement shall be on a form

approved and distributed by the Administration.

(3) The adoption assistance agreement shall be signed by the

director of the local department, or designee, and the family prior to

payment.

E. Medical Benefits.

(1) A child who is eligible for State-funded post adoption

assistance is eligible for Medicaid under Maryland’s Medicaid State

plan.

(2) A State-funded post adoption assistance recipient who

moves to another state may be eligible for Medicaid in the new state

of residence if the state offers reciprocity for children from Maryland

who have a State-funded post adoption assistance agreement.

(3) A child with an adoption assistance agreement that

provides for a $0 monthly payment shall be eligible for Medicaid

benefits under the Maryland Medicaid State plan.

F. Interstate Adoption.

(1) The post adoption assistance payment for an eligible

Maryland child placed out-of-State shall be made by the State of

Maryland, as the state that held guardianship of the child prior to the

finalization of the adoption.

(2) The post adoption assistance payment may not exceed the

foster care payment the parent would have received if the child were

in foster care in Maryland, or the applicable board rate in the state

of residence, whichever is higher.

(3) If the Maryland family and the child move to another state,

the post adoption assistance agreement shall remain in effect.

(4) The adoptive parents shall be referred by a local


agencies in their state of residence.

(5) The local department shall provide the state of residence

with documentation regarding the child’s eligibility for Maryland

Medicaid and Title XX services.

(6) In order to protect the interests of the child, a local


Compact on Adoption and Medical Assistance to facilitate the

interstate coordination of benefits.

G. Death of Parents and Dissolution of an Adoption.

(1) Post adoption assistance may not be denied to a child

whose adoption has dissolved or whose adoptive parents have died if

the child:

(a) Received post adoption assistance during the child’s

prior adoption; and

(b) Continues to meet the special needs eligibility criteria

set forth in §B of this regulation.


271


(2) If an adoption dissolves or the parents die, post adoption

assistance may be paid on behalf of a child to a subsequent caretaker

if:

(a) The child continues to meet the special needs criteria;

(b) The caretaker assumes guardianship of the child; and

(c) A local department determines that the caretaker is able

to provide appropriate care for the child.

H. Annual Redetermination.

(1) A local department shall confirm a child’s continued

eligibility for post adoption assistance annually.

(2) At least 90 days prior to the renewal due date, a local

department shall send a written request for the required information

necessary for redetermination.

(3) At least 60 days prior to the annual renewal due date, an

adoptive family shall submit documentation to enable the local

department to determine that:

(a) The family is still legally and financially responsible for

the care of the child at the time of the redetermination;

(b) The child continues to meet the special needs criteria;

and

(c) The current amount of the post adoption assistance

payment is appropriate.

(4) In addition to their most recent federal income tax return,

the family shall submit:

(a) If the child is younger than 18 years old and not required

to attend school due to age, proof of routine medical care provided to

the child within 6 months prior to the renewal date;

(b) If the child is younger than 18 years old and of the age

where school attendance is compulsory:







condition of the child;

(c) If the child is enrolled in a home school program

approved by the educational agency in the child’s place of residence,

proof of current enrollment in the program and proof of routine

medical care provided to the child within 6 months prior to the

renewal date; or

(d) If the child is 18 years old or older:

(i) Proof of enrollment and participation in an

educational or vocational program;

(ii) Proof of employment of at least 80 hours per month;

or

(iii) Documentation that indicates the child is currently

incapable of engaging in these activities due to a documented

disability or medical condition.

(5) Suspension.

(a) A local department may suspend the adoption assistance

because of the family’s failure to return the requested information for

renewal to the department.

(b) At least 30 days before the planned suspension, the local


(i) The intent to suspend the adoption assistance;

(ii) The specific regulations providing grounds for

suspension; and

(iii) A statement describing the adoptive family’s right to

appeal.

I. Renegotiation of Post Adoption Assistance.

(1) The amount of the post adoption assistance may be

renegotiated at the request of the adoptive parent or the local

department at any time while the post adoption assistance agreement

is in effect.

(2) To assist in the renegotiation process, the local department

shall request information from the adoptive family regarding any

changes in circumstances that would justify an adjustment in the

amount of post adoption assistance, such information may include:

(a) School reports;



(d) Costs and descriptions of services needed for the child,

including documentation that services are not covered by the current

post adoption assistance amount or by medical assistance or

community resources; and


(3) The renegotiated post adoption assistance amount may not

exceed the foster care payment the parent would have received if the

child were in foster care.


approved by the Administration.

(5) If a child receives Social Security benefits, such as

survivor’s benefits, retirement benefits, or old age benefits, the State-

funded monthly post adoption assistance payment may be reduced to

reflect receipt of this resource.

J. Termination of Adoption Assistance.

(1) State-funded post adoption assistance may be terminated

upon the occurrence of any of the following conditions:

(a) A child re-enters out-of-home placement;

(b) A legally responsible adoptive parent no longer provides

significant financial support to the child;

(c) The adoptive family’s parental rights have been

terminated;

(d) The adoptive parent dies and there is no suitable

subsequent caregiver;

(e) A child has reached their 21st birthday or does not meet

the conditions of §J(1)(f) of this regulation; or

(f) A child is 18 years old or older and is not participating in a

vocational or educational program, is not employed at least 80 hours per

month, or does not have a documented disability or medical condition

that prevents the child from engaging in these activities.

(2) At least 30 days before the planned termination, the local



(b) A statement of the specific regulations cited as grounds

for termination; and


appeal.

.08 Subsidies for Nonrecurring Expenses of Adoption.

A. In a domestic adoption, an adoptive parent of an eligible applicable

child or nonapplicable child as delineated in Regulation .05 of this

chapter may be eligible for reimbursement for certain nonrecurring

expenses directly related to the legal process of adoption.

B. In an intercountry adoption, an adoptive parent of a child who

meets the definition of a child with special needs may be eligible for

reimbursement of certain nonrecurring expenses directly related to

the legal process of adoption provided the child is:

(1) 15 years old or younger in fiscal year 2010;

(2) 13 years old or younger in fiscal year 2011; or

(3) 11 years old or younger in fiscal year 2012, with the age

decreasing by 2 years each year until October 2017 when such

children will no longer be eligible for this subsidy.

C. In Maryland public agency adoptions, the local department

shall determine that the child meets the definition of special needs

prior to the adoption in order for the child to receive nonrecurring

expense reimbursement adoption assistance.

D. In an independent or intercountry adoption, at least 60 days

prior to finalization of the adoption, the family shall supply an


272


official copy and official English translations of the following

documentation necessary to enable the Administration to determine if

the child meets the definition of a child with special needs:

(1) A court order terminating the parental rights of the birth

mother and birth father, or in the case of an orphaned child, a death

certificate for the child’s birth mother and birth father;

(2) Current psychological or medical reports or evaluations, or

testing results that document the existence of one of the special needs

factors; and

(3) Documentation that reasonable, but unsuccessful efforts

have been made to place the child in an adoptive home without

providing adoption assistance, including:

(a) A notarized affidavit signed by the prospective adoptive

parent stating that they will not adopt the child without the adoption

assistance; and

(b) Photolisting, registration on one or more adoption

registries, or other attempts on behalf of the child to identify other

prospective adoptive parents in addition to those applying for the

adoption assistance.

E. A lump sum maximum payment of $2,000 may be paid to the

adoptive parents for documented expenses related to the legal

process of adopting a child, including:

(1) Homestudy fees;

(2) Medical information required to complete the homestudy;

(3) Legal fees;

(4) Post placement supervision; or

(5) Travel to meet the child.

F. A local department shall maintain documentation of

reimbursement of nonrecurring expenses in an adoptive family’s

adoption case record.

G. Nonrecurring Expenses Adoption Assistance Agreement. An

agreement for the payment of nonrecurring expenses shall be:

(1) In writing;

(2) Binding on all parties;

(3) Between the local department and the prospective adoptive

parent;

(4) On a form approved by the Administration; and

(5) Subject to approval by the Administration.

.09 Right to Appeal.

A. Each applicant for adoption assistance or family who is

receiving adoption assistance has the right to appeal the denial,

reduction, suspension, or termination of adoption assistance.

B. The local department shall:

(1) Notify the applicant or family of the right to appeal the

local department’s decision in writing; and

(2) Provide information as to the procedure to be followed in

making an appeal.

THEODORE DALLAS


Subtitle 07 CHILD SUPPORT

ENFORCEMENT ADMINISTRATION

07.07.02 General Information

Authority: Family Law Article, §§10-106—10-116, 10-118, 10-119, 10-

119.3—10-144, and 10-303—10-359, Annotated Code of Maryland;

Agency Note: Federal Regulatory Reference—45 CFR §§302, 303.2—303.15, 303.30, 303.31, and 303.71—303.106; 42 U.S.C. §654(6)(B)


[12-067-P]

The Secretary of Human Resources proposes to amend Regulation

.05 under COMAR 07.07.02 General Information.


The purpose of this action is to comply with the federal criteria for

closing a child support case. This criteria specifies that a child

support case may be closed when there is no longer a current support

order and arrears are under $500 or the child support order is

unenforceable under State law.


There is a corresponding federal standard to this proposed action,

but the proposed action is not more restrictive or stringent.





businesses.




Comments may be sent to Andrea Shuck, Acting Regulation

Coordinator, Office of Government, Corporate and Community

Affairs, Department of Human Resources, 311 W. Saratoga Street,

Suite 270, Baltimore, Maryland 21201, or call 410-767-7193, or

email to [email protected], or fax to 410-333-0637.

Comments will be accepted through March 12, 2012. A public

hearing has not been scheduled.

.05 Case Closure.

A. The support enforcement agency may close a case which meets

one or more of the following criteria:

(1) [An order for current support no longer exists and

arrearages are less than $500] There is no longer a current support

order and arrearages are under $500 or unenforceable under State

law;

(2)—(9) (text unchanged) B.—C. (text unchanged)

THEODORE DALLAS


Title 09


LICENSING, AND

REGULATION

Subtitle 35 ELEVATOR SAFETY

REVIEW BOARD


[12-065-P]

The Elevator Safety Review Board proposes to adopt:

(1) New Regulations .01 — .03 under a new chapter, COMAR

09.35.02 Qualifications; and

(2) New Regulations .01 and .02 under a new chapter,

COMAR 09.35.03 Scope of Practice.

This action was considered at a public meeting of the Board held

on December 1, 2011, notice of which was given by publication in

38:24 Md. R. 1552 (November 18, 2011) pursuant to State

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


273



The purpose of this action is to:

(1) Set forth criteria that must be met by applicants who are

applying for an Elevator Renovator Mechanic‘s License or for an

Elevator Renovator Contractor‘s License on or prior to January 1,

2013, and the requirements that must be satisfied by applicants

applying for these licenses after January 1, 2013; and

(2) Establish the respective scopes of practice for licensees

holding an Elevator Renovator‘s Mechanic‘s License and for

licensees holding an Elevator Renovator Contractor‘s License.




I. Summary of Economic Impact. By codifying requirements

and scopes of practice the proposed regulation will allow renovator

mechanics and contractors to practice under the law without having

to qualify for and hold a full elevator mechanic or contractor license.

Qualifying for the full license is more costly and time consuming and

the breadth of the scope of practice far exceeds the required

knowledge associated with the competent practice of elevator

renovation.

Revenue (R+/R-)

II. Types of Economic

Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: NONE

B. On other State

agencies: NONE

C. On local governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated industries or trade groups:

Elevator renovator

contractors and mechanics (+) Indeterminable

E. On other industries or

trade groups: NONE

F. Direct and indirect

effects on public: NONE

III. Assumptions. (Identified by Impact Letter and Number from

Section II.)

D. The proposed regulation, by providing both targeted

qualifications and scopes of practice, will enable practitioners

operating in the field of elevator renovation to be licensed and legally

provide services without having to qualify for the more costly full

elevator mechanic or contractor licenses. The full licenses would

require knowledge for a scope of practice well beyond the needs of

renovators.


The proposed action has a meaningful economic impact on small

business. An analysis of this economic impact follows.

Many renovators in the elevator industry operate as small

businesses. Without the proposed regulations to effectuate renovator

licensing, renovators would have to qualify for full mechanic‘s or

contractor‘s licenses. These licenses require a far wider spectrum of

code-based knowledge and would be a far more costly and time

consuming requirement with which to comply.




Comments may be sent to Raquel Meyers, Administrative

Secretary, Elevator Safety Review Board, 500 N. Calvert Street,

Room 308, Baltimore, MD 21202, or call 410-230-6379, or email to

[email protected], or fax to 410-333-6314. Comments will be

accepted through March 12, 2012. A public hearing has not been

scheduled.

Open Meeting

Final action on the proposal will be considered by the Elevator

Safety Review Board during a public meeting to be held on April 20,

2012, at 10 a.m., at 500 N. Calvert Street, 2nd Floor Conference

Room, Baltimore MD 21202.

09.35.02 Qualifications

Authority: Public Safety Article, §§12-823(4), 12-826, and 12-827(c),


.01 Definitions.

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

indicated.

B. Terms Defined.

(1) ―Board‖ means the Elevator Safety Review Board.

(2) ―Safety Code‖ has the meaning set forth in Public Safety

Article, §12-801(p), Annotated Code of Maryland.

(3) ―Third-party qualified elevator inspector‖ has the meaning

set forth in Public Safety Article, §12-801(r), Annotated Code of

Maryland.

.02 Qualifications for an Elevator Renovator Mechanic’s License.

A. An applicant who applies for an elevator renovator mechanic’s

license on or before January 1, 2013, shall demonstrate to the Board

a minimum of 3 years of relevant work experience in elevator

renovation that is acceptable to the Board.

B. An applicant who applies for an elevator renovator mechanic’s

license after January 1, 2013, shall:

(1) Demonstrate to the Board an acceptable combination of

relevant work experience and education; and

(2) Pass an exam approved by the Board.

.03 Qualifications for an Elevator Renovator Contractor’s License.

A. An applicant who applies for an elevator renovator

contractor’s license on or before January 1, 2013, shall demonstrate

to the Board a minimum of 3 years of relevant work experience in

elevator renovation that is acceptable to the Board.

B. An applicant who applies for an elevator renovator contractor’s

license pursuant to § A of this regulation, shall have until January 1,

2013, to have at least one of its employees or responsible management

personnel pass an exam approved by the Board.

C. An applicant who applies for an elevator renovator

contractor’s license after January 1, 2013, shall:

(1) Demonstrate to the Board an acceptable combination of

relevant work experience and education; and

(2) Pass an exam approved by the Board.

09.35.03 Scope of Practice

Authority: Public Safety Article, §§12-823(4), 12-826, and 12-827(c),


.01 Scope of Practice for Elevator Renovator Mechanics.

A. An elevator renovator mechanic may not engage in any work

that affects the moving or mechanical parts of an elevator.

B. All elevator renovations shall be compliant with the Safety Code.


274


C. If an elevator renovator mechanic performs any work that

affects the weight, cab size, or fire ratings of an elevator, the work

shall be performed in compliance with any applicable requirements

of the Safety Code and, to the extent required, be done in consultation

with a licensed elevator contractor or mechanic.

D. If the renovation ―alters‖ the elevator, as defined by the Safety

Code, then a final inspection shall be performed by the Department of

Labor, Licensing, and Regulation’s Division of Labor and Industry.

.02 Scope of Practice for Elevator Renovator Contractors.

A. An elevator renovator contractor may not engage in any work

that affects the moving or mechanical parts of an elevator.

B. If an elevator renovator contractor performs any work that

affects the weight, cab size, or fire ratings of an elevator, the work

shall be performed in compliance with any applicable requirements

of the Safety Code and, to the extent required, be done in consultation

with a licensed elevator contractor or mechanic.

C. If the renovation ―alters‖ the elevator as defined by the Safety

Code, then a final inspection shall be performed by the Department of

Labor, Licensing, and Regulation’s Division of Labor and Industry.

D. Thirty days prior to the anticipated completion date of any

elevator alteration, an elevator renovator contractor shall request a

final acceptance inspection in accordance with COMAR 09.12.81.04.

E. Prior to putting the elevator back in service, the elevator renovator

contractor shall ensure that an inspection is performed by an authorized

third-party qualified elevator inspector to determine compliance with

applicable law, regulations, and the Safety Code. If the authorized third-

party qualified elevator inspector determines that the renovation ―alters‖

the elevator, as defined in the Safety Code, then a final acceptance

inspection is required as described in §D of this regulation.

F. A copy of the inspection report resulting from the final

acceptance inspection required by COMAR 09.12.81.04 shall be

provided to the owner of the elevator.

EDWARD M. HORD

Chair

Elevator Safety Review Board

Title 10


AND MENTAL HYGIENE

Subtitle 51 FORENSIC LABORATORIES


[12-066-P-I]

The Secretary of Health and Mental Hygiene proposes to adopt a

new subtitle, Subtitle 51 Forensic Laboratories, comprising:


10.51.01 General;


10.51.02 Responsibilities, Accreditations, and Audits;


10.51.03 Licenses and Fees;


10.51.04 Proficiency Testing;


10.51.05 Quality Assurance;


10.51.06 Employees; and


10.51.07 Sanctions.


The purpose of this action is to require all laboratories that offer to

perform or perform forensic analyses to obtain and maintain a

Maryland State license. Another purpose is to require a forensic

laboratory to employ qualified personnel and operate and perform

forensic analyses under reliable procedures, effective quality control

and quality assurance programs, and qualified supervision. Those

forensic laboratories that perform or offer to perform DNA testing

must be accredited by an accrediting organization and must be in

compliance with the Quality Assurance Standards for Forensic DNA

Testing Laboratories, which are being incorporated by reference in

this proposal.




I. Summary of Economic Impact. The newly proposed forensic

laboratories regulations will have an economic impact on State, local,

and privately run forensic laboratories within Maryland. In order to

obtain and maintain a forensic laboratory license in the State, these

laboratories will be charged an application fee and a renewal of the

license fee, based on the number of disciplines and subdisciplines in

which testing will be conducted and the types of forensic analyses the

laboratory performs or offers to perform. Individuals who perform or

offer to perform forensic analyses and who are not associated with a

laboratory will also be charged licensure fees.

Revenue (R+/R-)

II. Types of Economic

Impact. Expenditure (E+/E-) Magnitude

A. On issuing agency: (R+) $14,090

B. On other State agencies: (E+) $1,170

C. On local governments: (E+) $8,820

Benefit (+)

Cost (-) Magnitude

D. On regulated industries

or trade groups: (-) $4,100

E. On other industries or

trade groups: NONE

F. Direct and indirect effects

on public: NONE

III. Assumptions. (Identified by Impact Letter and Number from

Section II.)

A. $1,170 in fees from Maryland State Police forensic laboratories

+ $8,820 in fees from local government forensic laboratories +

$4,100 in fees from private accredited forensic laboratories = $14,090

total revenue increase for the Department.

B. Fees for applications for several sites for MD State Police

forensic laboratories (3 sites × $150 per site = $450), plus fees for

disciplines performed at each individual site (6 disciplines at 1 site ×

$90 per discipline = $540 plus 1 disciplines at 2 sites × $180 per1

disciplines = $180). Totaling $1,170 in increased expenditures on

Maryland State Police forensic laboratories.

C. Fees for applications for 7 accredited local government forensic

laboratories (7 × $150 per lab = $1,050), plus fees for applications for

3 non-accredited local government Forensic Laboratories (3 × $300 =

$900), plus fees for disciplines performed at each individual


275


accredited lab (53 × $90 per discipline = $4,770), plus fees for

disciplines performed at each non-accredited lab (6 × $300 = $1,800).

Then one local government that has an individual needing letter of

permit exception (1 person × $300 = $300). Totaling $8,820

increased expenditures on local government forensic laboratories.

D. Fees for applications for private accredited forensic laboratories

(5 × $150 per lab = $750), plus fees for applications for private

nonaccredited forensic laboratories (2 × $1,000 per lab = $2,000),

plus fees per discipline performed for private accredited forensic

laboratories (5 × $90 per discipline = $450), plus fees per discipline

performed for private non-accredited forensic laboratories (2 × $300

per discipline = $600), plus fees for one individual private letter of

permit exception (1 × $300 = $300). Totaling $4,100 increased costs

to private accredited forensic laboratories.



businesses.




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

Regulation and Policy Coordination, Department of Health and

Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD

21201, or call 410-767-6499 (TTY800-735-2258), or email to

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

accepted through March 12, 2012. A public hearing has not been

scheduled.

Editor‘s Note on Incorporation by Reference

Pursuant to State Government Article, §7-207, Annotated Code of

Maryland, the Quality Assurance Standards for DNA Testing

Laboratories, September 2011, Federal Bureau of Investigation, has

been declared a document generally available to the public and

appropriate for incorporation by reference. For this reason, it will not

be printed in the Maryland Register or the Code of Maryland

Regulations (COMAR). Copies of this document are filed in special

public depositories located throughout the State. A list of these

depositories was published in 39:3 Md. R. 104 (January 27, 2012),

and is available online at www.dsd.state.md.us. The document may

also be inspected at the office of the Division of State Documents, 16

Francis Street, Annapolis, Maryland 21401.

10.51.01 General

Authority: Health-General Article, Title 17, Subtitle 2A, Annotated Code of Maryland

.01 Purpose.

The intent of this subtitle is to require a forensic laboratory to:

A. Employ qualified employees; and

B. Operate and perform forensic analyses under:

(1) Reliable procedures;

(2) Effective quality control and quality assurance programs;

and

(3) Qualified supervision.

.02 Scope.

A. This subtitle contains the standards and requirements that a

forensic laboratory shall meet to obtain and retain a license to

perform or offer to perform forensic analyses.

B. This subtitle does not apply to a:

(1) Forensic laboratory operated by the federal government; or

(2) Laboratory licensed or certified by the Maryland

Department of Agriculture.

C. Forensic analysis does not include:

(1) A test of a specimen of breath or blood to determine alcohol

concentration or controlled dangerous substance content;

(2) Forensic information technology;

(3) A presumptive test performed at a crime scene;

(4) A presumptive test performed for the purpose of

determining compliance with a term or condition of community

supervision or parole and conducted by or under contract with a

county department of corrections or the Department of Public Safety

and Correctional Services; or

(5) An expert examination or test conducted principally for the

purpose of scientific research, medical practice, civil or

administrative litigation, or any purpose other than determining the

connection of physical evidence to a criminal act.

.03 Definitions.

A. In this subtitle, the following terms have the meanings

indicated.

B. Terms Defined.

(1) Accuracy.

(a) ―Accuracy‖ means the degree of agreement between the

determination of a quantity and the quantity’s true value.

(b) ―Accuracy‖ includes the quality of a test result as it

relates to the analytic phase of the testing process when the test

result:

(i) Conforms exactly to a standard; or

(ii) Deviates only within established limits from a

standard.

(2) Administrative Documentation.

(a) ―Administrative documentation‖ means a type of

laboratory record.

(b) ―Administrative documentation‖ includes but is not

limited to:

(i) Case-related conversations and communications;

(ii) Evidence receipts;

(iii) Description of evidence packaging and seals;

(iv) Incident reports;

(v) Service request documentation;

(vi) Case-related correspondence including emails and

letters;

(vii) Interim and preliminary reports;

(viii) Case-related database search documentation; and

(ix) Other pertinent information pertaining to a forensic

analysis, a forensic analysis report, or an analyst’s conclusion.

(3) ―Administrative review‖ means an evaluation of a report

and supporting documentation for editorial correctness and

consistency with laboratory policies.

(4) ―Alternative sanction‖ means a sanction that is:

(a) Not a principal sanction; and

(b) Imposed by the Secretary against a forensic laboratory

and includes a directed plan of correction or a limitation on testing

services.

(5) ―Analyst‖ means an individual who:

(a) Performs casework-related duties on items of evidence

within the laboratory and issues reports containing opinions or

interpretations concerning the resulting findings and observations; or

(b) Conducts or directs the analysis of forensic casework

samples, interprets data, and reaches conclusions.

(6) ―Analyte‖ means a substance or constituent for which a

forensic laboratory conducts testing.

(7) ―Approved proficiency test provider‖ means an external

proficiency test provider who has been approved by the Department

as set forth in COMAR 10.51.04.03.


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(8) ―Assessment‖ means a review of a laboratory’s activities to

determine compliance with a set of requirements established by an

accrediting organization.

(9) Audit.

(a) ―Audit‖ means an on-site visit to or survey of a forensic

laboratory by the Department to determine a forensic laboratory’s

compliance with:

(i) Health-General Article, Title 17, Subtitle 2A,

Annotated Code of Maryland; and

(ii) The applicable regulations of this subtitle.

(b) ―Audit‖ includes but is not limited to:

(i) An inspection;

(ii) A follow-up inspection;

(iii) A complaint investigation; and

(iv) On-site monitoring.

(10) ―Calibration‖ means the set of operations that establish,

under specified conditions, the relationship between values indicated by a

measuring instrument or measuring system, or values represented by a

material and the corresponding known values of the material.

(11) ―Calibrator‖ means a material having a known value or

concentration that is traceable to the International System of Units

standard, if available, as required by the:

(a) Manufacturer of the instrumentation; or

(b) Forensic laboratory’s quality assurance program.

(12) ―Case file‖ means the part of the case record that is a file

containing administrative and examination documentation generated

or received by laboratory employees pertaining to a uniquely

identified case.

(13) Case Notes.

(a) ―Case notes‖ means the component of examination

documents that is used to support an analyst’s conclusions.

(b) ―Case notes‖ includes, but is not limited to, notes,

charts, graphs, photographs, and other documents created for

documenting the:

(i) Procedures, standards, controls, and instruments used

for a forensic analysis;

(ii) Observations made for a forensic analysis or

examination;

(iii) Basis or grounds for an analyst’s conclusions; and

(iv) Results of performed forensic analyses.

(14) Case Record.

(a) ―Case record‖ means examination and administration

documentation received or generated by the laboratory pertaining to

a uniquely identified case.

(b) ―Case record‖ includes a case file and other laboratory

records that are pertinent to forensic analyses and conclusions of a

particular case.

(c) ―Case record‖ is not limited to a case file.

(15) ―Case report‖ means a final, formal report that is signed

by the analyst or examiner and issued by a forensic laboratory.

(16) ―Casework‖ means the forensic analysis of evidence

submitted to a forensic laboratory.

(17) ―Chain of custody‖ means the documented movement and

location, including the custody, control, and transfer, of physical

evidence, from the time the evidence is received until the final

disposition of the evidence by the forensic laboratory.

(18) ―Comparative analyses‖ means the examination of two or

more items to determine the commonality of physical or chemical

characteristics of the items.

(19) Competency.

(a) ―Competency‖ means the:

(i) Demonstrated and documented ability of an individual

to perform assigned work in a discipline or subdiscipline, in

accordance with a licensee’s technical procedures and training

manuals, before the performance of independent casework under the

authorization of a forensic laboratory director; and

(ii) State or quality of being qualified and having the

ability to perform a specific task, job, or role.

(b) ―Competency‖ includes:

(i) Possessing the requisite knowledge, skills, and

abilities to perform a task, job, or role; and

(ii) Utilizing the requisite combination of knowledge,

skill, and demonstration of knowledge necessary to produce

satisfactory performance.

(20) ―Competency assessment‖ means a formal, standardized

evaluation of an individual’s ability to perform a specific assigned

task, job, or role.

(21) ―Complaint investigation‖ means an investigation of a

forensic laboratory, which may include an on-site audit conducted by

the Department, based on a complaint or allegation of regulatory

noncompliance.

(22) Contamination Record.

(a) ―Contamination record‖ means a record of

contamination as defined in the Quality Assurance Standards for

Forensic DNA Testing Laboratories, which is incorporated by

reference.

(b) ―Contamination record‖ includes:

(i) A unique case identifier;

(ii) Encoded sample identification;

(iii) A description of results; and

(iv) Identifiers that led to an incident report.

(23) ―Controlled dangerous substance‖ means any drug,

substance, or immediate precursor in Schedules I through V as set

forth in Criminal Law Article, Title 5, Subtitle 4, Annotated Code of

Maryland.

(24) ―Customer‖ means a person authorized by statute, which

includes a law enforcement agency, prosecutor, criminal suspect,

defendant or defendant’s legal representative, or court, making a

request for forensic laboratory services.

(25) ―Data integrity‖ means the condition existing when data

is unchanged from its source and has not been accidentally or

maliciously modified, altered, or destroyed during any operation,

such as transfer, storage, or retrieval.

(26) ―Deficiency‖ means a finding of statutory or regulatory

noncompliance.

(27) ―Deficiency statement‖ means a report provided to a

forensic laboratory subsequent to an audit conducted by:

(a) The forensic laboratory’s accrediting organization; or

(b) The Department.

(28) ―Department‖ means the Department of Health and

Mental Hygiene.

(29) ―Department of Agriculture‖ means the Maryland


(30) ―Directed plan of correction‖ means a sanction that

consists of a set of corrective actions stipulated by the Secretary for a

forensic laboratory to implement to effect statutory or regulatory

compliance.

(31) Discipline.

(a) ―Discipline‖ means a major area of forensic science in

which a forensic laboratory is licensed to perform or offers to

perform forensic analyses.

(b) ―Discipline‖ includes:

(i) Controlled dangerous substances, including the

subdisciplines of pharmaceutical and illicit drugs and other

controlled dangerous substances;

(ii) Toxicology, including the subdisciplines of forensic

toxicology and postmortem toxicology;

(iii) Biology, including the subdisciplines of DNA

analysis and serology;


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(iv) Trace evidence, including but not limited to the

subdisciplines of adhesives, analysis of unknowns, explosives and

explosive debris, fuels, hairs, fibers and textiles, polymers, fire

debris, glass, gunshot residue, metal and alloys, paint, and physical

comparisons;

(v) Firearms and toolmarks, including all subdisciplines

of firearms and toolmarks examinations;

(vi) Latent prints, including the subdisciplines of latent

print processing, latent print comparison, and impressions;

(vii) Questioned documents, including the subdisciplines

of handwriting, paper, and questioned documents;

(viii) Forensic pathology;

(ix) Forensic entomology; and

(x) Forensic odontology.

(32) ―Discrepancy logs‖ means a system used by a forensic

laboratory to document administrative or processing errors related

to evidence and tracked within a case record.

(33) Discriminate or Retaliate.

(a) ―Discriminate or retaliate‖ means any adverse action

taken by a licensee or a licensee’s employee against a forensic

laboratory employee who in good faith reports a data integrity issue

or unethical or fraudulent conduct, as set forth in this subtitle and

Health-General Article, §17–2A–10, Annotated Code of Maryland.

(b) ―Discriminate or retaliate‖ includes, but is not limited

to:

(i) Failing to promote an individual or provide another

employment-related benefit for which the individual would otherwise

be eligible;

(ii) Making an adverse evaluation or decision in relation

to accreditation, certification, credentialing, or licensing of the

individual; or

(iii) Taking a personnel action that is adverse to the

individual concerned.

(34) ―DNA‖ means deoxyribonucleic acid.

(35) ―Document‖ means a written, printed, or electronic

format.

(36) Electronic Record.

(a) ―Electronic record‖ means a record created, generated,

sent, communicated, received, or stored by electronic means in a

format that may be:

(i) Optical;

(ii) Magnetic; or

(iii) Digital.

(b) ―Electronic record‖ includes any record that contains

information readable by a computer or machine rather than an

individual.

(37) ―Electronic signature‖ means a secure electronic

identification of an individual who authorizes an electronic record.

(38) ―Evidence‖ means a thing or component of a thing that:

(a) Is detectable by sensory, physical, chemical, optical, or

electronic means; and

(b) Provides factual information related to a crime.

(39) ―Examination‖ means an analysis of evidence, which may

include a visual, physical, or chemical analysis.

(40) ―Examination documentation‖ means notes, including a

description of the evidence, reference to procedures followed, tests

conducted, standards and controls used, diagrams, printouts,

photographs, observations, and results of examinations.

(41) ―Examiner‖ means an individual who:

(a) Performs casework-related duties on items of evidence

within the laboratory and issues reports containing opinions or

interpretations concerning the resulting findings and observations;

or

(b) Conducts or directs the analysis of forensic casework

samples, interprets data, and reaches conclusions.

(42) External Control.

(a) ―External control‖ means a test or examination

performed on an external test sample to demonstrate a procedure is

working correctly.

(b) ―External control‖ uses an external test sample that:

(i) Is not part of the analytical system;

(ii) Contains a known quantity of the analyte being

tested;

(iii) Is similar in its physical characteristics and

constituents to samples tested by the system; and

(iv) Reacts with all system components in the same way

as a test sample.

(43) ―External proficiency test‖ means an analysis performed

on a proficiency testing sample provided to a forensic laboratory by

an approved proficiency testing provider external to the laboratory

or laboratory system.

(44) Forensic Analysis.

(a) ―Forensic analysis‖ means a medical, chemical,

toxicological, firearms, or other expert examination or test performed

on physical evidence, including DNA evidence, for the purpose of

determining the connection of the evidence to a criminal act.

(b) ―Forensic analysis‖ includes an examination or test

required by a:

(i) Law enforcement agency;

(ii) Prosecutor;

(iii) Criminal suspect, defendant, or defendant’s legal

representative; or

(iv) Court.

(c) ―Forensic analysis‖ does not include:

(i) A test of a specimen of breath or blood to determine

alcohol concentration or controlled dangerous substance content;

(ii) Forensic information technology;

(iii) A presumptive test performed at a crime scene;

(iv) A presumptive test performed for the purpose of

determining compliance with a term or condition of community

supervision or parole and conducted by or under contract with a

county department of corrections or the Department of Public Safety

and Correctional Services; or

(v) An expert examination or test conducted principally

for the purpose of scientific research, medical practice, civil or

administrative litigation, or any purpose other than determining the

connection of physical evidence to a criminal act.

(45) ―Forensic information technology‖ means digital or

electronic evidence that is stored or transmitted electronically.

(46) Forensic Laboratory.

(a) ―Forensic laboratory‖ means a facility, entity, or site

that performs or offers to perform a forensic analysis.

(b) ―Forensic laboratory‖ includes a laboratory owned or

operated by the State, a county or municipal corporation in the State,

or another governmental entity.

(c) ―Forensic laboratory‖ does not include:

(i) A forensic laboratory operated by the federal

government; or

(ii) A laboratory licensed or certified by the Maryland


(47) Incident Report.

(a) ―Incident report‖ means a record used by a forensic

laboratory to document procedural or policy noncompliance or

unexpected outcomes.

(b) ―Incident report‖ includes:

(i) Identification of the procedural or policy

noncompliance or unexpected outcome;

(ii) Elimination steps taken, when applicable; and

(iii) Related documentation such as discrepancy logs and

contamination records, when applicable.


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(48) ―Internal audit‖ means a licensee’s self-inspection, based

on standards defined by the laboratory’s director and quality

assurance manager, to evaluate, confirm, or verify the forensic

laboratory’s activities related to quality control.

(49) ―Internal proficiency tests‖ means samples or specimens

developed by the laboratory director or the director’s designee and

administered to an analyst or examiner for analysis or examination

as unknown samples or specimens.

(50) ―Internal validation‖ means the in-house demonstration of

the accuracy, reliability, and limitations of a technical procedure or

analysis.

(51) ―Laboratory designed tests‖ means test procedures

developed and subjected to validation within the forensic laboratory.

(52) ―Laboratory director‖ means an individual who:

(a) Meets the education and experience requirements set

forth in this subtitle for a laboratory director; and

(b) Participates in and actively oversees the planning,

direction, organization, and review of all forensic laboratory

operations to the extent necessary to ensure compliance with this

subtitle.

(53) ―Laboratory system‖ is an organization having at least

two physically separate forensic laboratory facilities that are

independently managed under the direction of a single individual in

the chain of command.

(54) ―Letter of permit exception‖ means a letter granting

limited authority to an individual not associated with a public or

commercial laboratory, who reviews results or conclusions of the

original forensic analysis performed by a licensed forensic

laboratory solely for the purpose of assessing the original opinion,

interpretation, or conclusion of the licensed forensic laboratory.

(55) ―License‖ means a permit, letter of exception, certificate,

or other document issued by the Secretary granting approval or

authority to a forensic laboratory to perform or offer to perform

forensic analyses in the State.

(56) ―Licensed forensic laboratory‖ means a forensic

laboratory operating under a license issued by the Department.

(57) ―Licensee‖ means a person who holds a license under this

subtitle to maintain and operate a forensic laboratory.

(58) ―Limited access‖ means employees are restricted from

accessing or entering a specific area of the laboratory unless

authorized by the laboratory director.

(59) ―Limited forensic analysis‖ means performing a forensic

laboratory test or analysis in a single discipline or subdiscipline.

(60) ―Office of Health Care Quality‖ means the Office of

Health Care Quality of the Department of Health and Mental

Hygiene.

(61) ―Owner‖ means a person who possesses a financial

interest in a forensic laboratory.

(62) ―Performance check‖ means an evaluation of a test

system by assessing the functionality of system components in total,

including but not limited to, assessment of the test system’s:

(a) Accuracy;

(b) Precision; and

(c) Reagents.

(63) ―Permitted forensic laboratory‖ means a licensed forensic

laboratory operating under a permit issued by the Department.

(64) ―Physical evidence‖ means any object, thing, or substance

relating to a criminal act.

(65) ―Plan of correction‖ means a post-audit report created by

a forensic laboratory in response to a deficiency statement received

from:

(a) The forensic laboratory’s accrediting organization; or

(b) The Department.

(66) ―Policy‖ means a written document that outlines a

principle, plan, or course of action in regard to the operation of a

forensic laboratory, including but not limited to:

(a) Quality assurance;

(b) Data integrity and ethics;

(c) Quality control;

(d) Safety; and

(e) Training.

(67) ―Precision‖ means the agreement of results among

themselves when a specimen or sample is tested multiple times.

(68) ―Presumptive test‖ means a test that does not provide a

conclusive result, but is used to screen for the presence of a

substance.

(69) ―Principal sanction‖ means the denial, suspension, or

revocation of a license.

(70) ―Procedure‖ means a way of doing something that is set

down in a written or electronic document that details the sequence of

actions or step-by-step instructions to be followed to accomplish an

administrative or technical task.

(71) ―Proficiency testing‖ means determining the ability of an

individual or a forensic laboratory to perform a forensic analysis to

obtain a correct test result by:

(a) Performing a forensic analysis on a sample provided by

a proficiency testing provider or laboratory director; and

(b) Reporting the results of the forensic analysis to the

proficiency testing provider or laboratory director for evaluation.

(72) ―Proficiency testing provider‖ means an entity external to

the participating forensic laboratory that:

(a) Has one or more samples with values initially known

only by the proficiency testing provider;

(b) Sends one or more samples to a participating forensic

laboratory to perform forensic analyses; and

(c) Reports the results to the provider.

(73) ―Qualitative‖ means relating to or involving comparisons

based on the attributes or qualities of an item or thing.

(74) ―Quality assurance‖ means a system of established

policies and procedures designed to monitor, review, evaluate, and

improve the ongoing and overall quality aspects of the forensic

laboratory.

(75) ―Quality assurance manager‖ means an individual

designated by a director who is responsible for ensuring the

requirements for a forensic laboratory’s quality assurance program

are:

(a) Established;

(b) Implemented;

(c) Followed; and

(d) Maintained.

(76) Quality Control.

(a) ―Quality control‖ means the established policies and

procedures designed and used to ensure the quality of results

obtained from the analytic phase of a testing process.

(b) ―Quality control‖ includes, but is not limited to,

activities that detect, monitor, review, and evaluate the:

(i) Accuracy, reliability, and precision of the analytic

phase of a testing process;

(ii) Changes in the chemical, electronic, optical, or

mechanical components of a test system;

(iii) Deterioration of reagents, materials, or supplies

used in a testing process; and

(iv) Employee practices during the testing process.

(77) ―Quality control testing‖ means analyses or examinations

performed on quality control samples as part of the laboratory’s

quality assurance program to demonstrate that a forensic analysis:

(a) Is performed correctly; and


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(b) The test system is working properly to obtain a known

result.

(78) ―Quantitative‖ means expressible as a quantity or

relating to measurement or a determination of the amounts and

proportions of the chemical constituents of a substance or mixture.

(79) ―Reagent‖ means a substance or mixture of substances

used in a chemical or biological test to detect, measure, or examine

physical evidence or produce other substances.

(80) ―Records‖ means both examination and administrative

documents.

(81) ―Reference standard‖ means a material or sample with

known properties that is acquired or prepared to:

(a) Calibrate analytical equipment; or

(b) Use as an external quality control.

(82) ―Reliability‖ means the consistency of a measurement,

that is, the degree to which an instrument or test system measures the

same way each time it is used under the same set of conditions.

(83) ―Reproducibility‖ means the ability of a test method or

test system to produce consistent results if replicated by analysts or

examiners working independent of one another.

(84) ―Safeguard‖ means a person, procedure, or mechanism

that protects and ensures the integrity of:

(a) Evidence;

(b) Test methods and test systems;

(c) Examinations; and

(d) Documents.

(85) ―Safety program‖ means the policies and procedures that

describe the various elements of a forensic laboratory’s safety

system.

(86) Sanction.

(a) ―Sanction‖ means an adverse action against a forensic

laboratory that the Secretary may impose to effect statutory or

regulatory compliance.

(b) ―Sanction‖ includes both principal and alternative

sanctions.

(87) ―Secretary‖ means the Secretary of Health and Mental

Hygiene or the Secretary’s designee, including the Department.

(88) ―Security‖ means the policies and procedures

implemented and followed by a licensee to ensure the protection,

integrity, and prevention of contamination of the forensic evidence,

data, and case records.

(89) ―SOPM‖ means a standard operating procedures manual.

(90) ―Standard‖ means one or more specific technical,

procedural, fiscal, or other regulatory requirements that a forensic

laboratory or individual shall meet to comply with this subtitle.

(91) ―Subcontractor‖ means a person contracted by a licensee

to perform a specific forensic analysis or other task related to the

operation of the forensic laboratory.

(92) ―Subdiscipline‖ means a specific type of analysis or

analyses within a discipline of forensic science as set forth in this

regulation.

(93) ―Technical leader‖ means an individual who is qualified

by education and experience and is accountable for the technical

operations of the forensic laboratory analyses in a specific discipline

or subdiscipline of forensic science.

(94) ―Technical procedure‖ means a set of directions or step-by-

step instructions for performing a forensic analysis or examination.

(95) ―Technical review‖ means an evaluation of reports, notes,

data, and other documents to ensure there is an appropriate and

sufficient basis for the reported scientific conclusions.

(96) ―Technical reviewer‖ means an employee or other

individual who performs a technical review of a report and is:

(a) A current or previously qualified analyst in the

discipline, subdiscipline, or method being reviewed; and

(b) Not an author or co-author of the report being reviewed.

(97) ―Technician‖ means an individual who performs

analytical techniques on evidence samples under the supervision of a

qualified forensic analyst or examiner and who does not issue a

report for the work performed.

(98) ―Traceable‖ or ―traceability‖ means the property of a

measurement result by which the measurement can be related to

appropriate standards through an unbroken chain of comparisons.

(99) Validation.

(a) ―Validation‖ means a process by which a forensic

analysis method or procedure is evaluated to determine the accuracy,

reliability, and limitations of the test method or procedure for

forensic casework.

(b) ―Validation‖ applies to both new and modified existing

forensic analysis methods and procedures and includes:

(i) Developmental validation, which is the review of

acquired test data and determination of conditions and limitations of

a new or novel method or procedure for use on forensic samples; and

(ii) Internal validation, which is a review of accumulated

test data within the laboratory to demonstrate that an established

method or procedure performs as expected in the laboratory and to

specify laboratory interpretation guidelines.

(100) ―Verification‖ means a documented check of a

comparison made between known and questioned specimens or

samples by a second qualified forensic examiner.

.04 Incorporation by Reference.

In this subtitle, the following documents are incorporated by

reference:

A. 42 U.S.C. §14131, as amended; and

B. Quality Assurance Standards for DNA Testing Laboratories,

September 2011, Federal Bureau of Investigation.

10.51.02 Responsibilities, Accreditations, and

Audits

Authority: Health-General Article, Title 17, Subtitle 2A, Annotated Code of

Maryland

.01 Responsibilities of the Department.

A. The Department shall conduct audits, as set forth in this

chapter, of forensic laboratories that obtain or retain a license.

B. Audits. The Department shall:

(1) Conduct or oversee an announced or unannounced audit of

a forensic laboratory, at any time during a forensic laboratory’s

hours of operation, to assess compliance with applicable sections of

Health-General Article, Title 17, Subtitle 2A, Annotated Code of

Maryland, and this subtitle; and

(2) Examine, as part of an audit, a forensic laboratory’s

facilities, equipment, quality assurance records and procedures,

operating procedures, employees, employee records, proficiency

testing, results and reports of forensic analyses, and other records

and files pertinent and subject to this subtitle.

C. Issuance of Licensing Documents. The Department shall:

(1) License a person to operate a forensic laboratory by issuing

a license when the forensic laboratory is in compliance with the

applicable standards set forth in this subtitle; and

(2) Issue a license that includes the:

(a) Name of the forensic laboratory;

(b) Name of the licensee or owner;

(c) Name of the forensic laboratory director;

(d) Expiration date of the license; and

(e) Forensic science disciplines and subdisciplines in which

the forensic laboratory is authorized to perform forensic analyses.

D. Administration and Information Management. The Department

shall:

(1) Maintain a list of licensed forensic laboratories;


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(2) Document information regarding denial, suspension, or

revocation of a license and submit this documentation to the

Secretary;

(3) Monitor the proficiency testing performance of a forensic

laboratory required to participate in proficiency testing;

(4) Set and collect fees as set forth in COMAR 10.51.03.04;

and

(5) Impose alternative sanctions and initiate actions leading to

imposition of principal sanctions against a forensic laboratory under

the appropriate provisions of this subtitle and Health-General

Article, Title 17, Subtitle 2A, Annotated Code of Maryland.

E. Forensic Laboratory Advisory Committee.

(1) The Secretary shall provide staff for the Forensic

Laboratory Advisory Committee established by the Governor

pursuant to Health-General Article, Title 17, Subtitle 2A, Annotated

Code of Maryland.

(2) The Forensic Laboratory Advisory Committee:

(a) Shall advise the Secretary on matters relating to forensic

laboratories as set forth in Health-General Article, Title 17, Subtitle

2A, Annotated Code of Maryland; and

(b) May make recommendations to the Secretary concerning

the:

(i) Implementation of the requirements for forensic

laboratories set forth in Health-General Article, Title 17, Subtitle 2A,

Annotated Code of Maryland;

(ii) Regulations required by Health-General Article, Title

17, Subtitle 2A, Annotated Code of Maryland; and

(iii) Department’s oversight and licensing of forensic

laboratories.

.02 Accredited Forensic Laboratory and Accrediting Organization.

A. Accredited Forensic Laboratory—Determination. The Secretary

shall accept as meeting the audit requirements of this subtitle a forensic

laboratory accredited by an organization approved by the Secretary, as

set forth in §C of this regulation, if the Department determines that the

standards of the forensic laboratory’s accreditation organization are

equivalent to those under this subtitle.

B. Accredited Forensic Laboratory—Requirements. In addition to

meeting the requirements for obtaining and maintaining a certificate

of accreditation, as set forth by the forensic laboratory’s accrediting

organization, an accredited forensic laboratory shall:

(1) Obtain and maintain a valid license issued by the

Department; and

(2) Be subject to audit by the Department as set forth in

COMAR 10.51.02.03.

C. Accreditation Organization.

(1) A private, nonprofit forensic laboratory accreditation

organization may inspect and accredit forensic laboratories in the

State for the purpose of State licensure only after applying for and

receiving approval of the Department, as the Secretary’s designee.

(2) The Department shall base approval of a forensic

laboratory accreditation organization on a review of information

provided by that organization, including but not limited to:

(a) Data collection and data sharing and reporting policies;

(b) Accreditation policies, procedures, and standards;

(c) Assessment forms and guidelines;

(d) Assessment and deficiency writing policies and

procedures;

(e) Assessor and technical expert qualifications;

(f) Complaint investigation policies and procedures;

(g) Proficiency test monitoring policies and procedures; and

(h) Procedures the accreditation organization will follow

when notifying the Department that the accreditation organization:

(i) Is denying, withdrawing, suspending, revoking, or

otherwise limiting a forensic laboratory’s accreditation;

(ii) Finds serious jeopardy to individual rights or

identifies a hazard to public safety;

(iii) Accredits a new forensic laboratory;

(iv) Imposes an adverse or corrective action on a forensic

laboratory; or

(v) Is initiating a complaint investigation.

(3) In addition to requirements set forth elsewhere in this

subtitle, an accreditation organization shall:

(a) Provide to the Department:

(i) Annually, an updated list containing the names,

addresses, and accreditation expiration dates of forensic laboratories

in the State that are accredited by the organization;

(ii) Within 30 days after conducting an assessment, a

certified written or electronic copy of each assessment report

covering each forensic laboratory applying for or maintaining

accreditation in the State;

(iii) Written notice of any proposed change to

requirements for forensic laboratory accreditation, at least 30 days

before the effective date of the change;

(iv) Within 10 days after a forensic laboratory’s

certificate of accreditation expires, written or electronic notice when

the forensic laboratory does not renew an accreditation certificate;

and

(v) Within 24 hours after taking an action, telephonic or

electronic notice when an accredited forensic laboratory’s certificate

of accreditation is suspended, revoked, surrendered, or otherwise

limited;

(b) Evaluate compliance, when applicable, with State

regulations pertaining to:

(i) Forensic analyses;

(ii) Reporting of forensic analysis results as required by

law or regulation; and

(iii) Proficiency testing;

(c) Evaluate compliance with State regulations by:

(i) Incorporating an evaluation of compliance with State

regulatory requirements into the accreditation organization’s own

assessment process; or

(ii) Demonstrating that the accreditation organization’s

existing assessment process adequately evaluates compliance with

State regulations; and

(d) On request, provide to the Department a copy of:

(i) A complaint investigation;

(ii) Assessor qualifications;

(iii) A change in a forensic laboratory’s forensic

disciplines or subdisciplines; or

(iv) Other information the Department may require

relating to approval of a forensic laboratory accreditation

organization.

.03 Audits.

A. General.

(1) A licensee shall allow an on-site audit by the Department and,

when applicable, by the forensic laboratory’s accreditation organization,

at any time during the forensic laboratory’s normal hours of operation,

to evaluate the forensic laboratory’s compliance with the applicable

requirements, conditions, and standards of this subtitle.

(2) An audit may include but is not limited to observation and

examination of:

(a) Laboratory facilities;

(b) Equipment;

(c) Quality assurance and quality control program records;

(d) Operating procedures;

(e) Employees;

(f) Employee records;

(g) Proficiency testing;


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(h) Forensic analysis reports; and

(i) Other records and files pertinent to this subtitle.

(3) Forensic laboratory employees shall make data and records

accessible during an on-site audit.

B. Permitted Forensic Laboratory. A licensee operating a forensic

laboratory under a permit shall:

(1) Be subject to routine audits conducted by the Department;

(2) Undergo a routine audit within 6 months after the forensic

laboratory:

(a) Begins operating;

(b) Undergoes a change in ownership; or

(c) Has had a principal or alternative sanction imposed; and

(3) Undergo a routine triennial audit after meeting the audit

requirements set forth in §B(2) of this regulation.

C. Accredited Forensic Laboratory. An accredited forensic

laboratory is:

(1) Not subject to routine audits conducted by the Department

as set forth in §B of this regulation if the accredited forensic

laboratory is undergoing routine on-site assessment conducted by an

accreditation organization approved by the Secretary, except as

provided in §C(2) of this regulation; and

(2) Subject to audits conducted by the Department to:

(a) Investigate a complaint;

(b) Determine regulatory compliance with any quality

requirement;

(c) Follow up on any serious problem identified by an

accreditation organization; or

(d) Validate an accreditation organization’s assessment of a

forensic laboratory.

D. Public Record.

(1) A forensic laboratory shall make discrepancy logs, contamination

records, test results, and final inspection reports, including deficiency

statements and plans of correction, available to the public within 30

business days of a written request for these public documents.

(2) Except as identified in this section or as otherwise provided

by law, the proceedings, records, and files of an organization or State

agency responsible for assuring compliance with this subtitle shall be

confidential and may not be discoverable or admissible as evidence

in a civil or criminal action.

E. Internal Audits.

(1) A forensic laboratory shall conduct and document an

annual audit of the overall operations of the forensic laboratory and

generate a written audit report that identifies the finding and the

corrective action taken to address the noncompliance.

(2) The forensic laboratory shall:

(a) Report the audit documentation to the Department

within 4 months of the audit date;

(b) Make the audit documentation available on-site for

inspection by the Department or its designee;

(c) Conduct an audit in each discipline in which the

laboratory performs forensic analyses, using the quality assurance

program policies, procedures, and protocols currently in use during

the auditing cycle; and

(d) Conduct a comprehensive evaluation of the overall

quality assurance program that includes both administrative and

technical services.

10.51.03 Licenses and Fees


.01 License—General.

A. General Requirements.

(1) A person shall obtain a license from the Secretary before

performing or offering to perform a forensic analysis in this State.

(2) A person may not perform or offer to perform forensic

analysis without first obtaining a forensic laboratory license from the

Secretary.

(3) Letter of Permit Exception.

(a) The Secretary may grant an individual a letter of permit

exception if:

(i) The individual is not affiliated with a public or

commercial laboratory that performs forensic analyses;

(ii) The application for the letter of permit exception is

limited to an individual performing limited forensic analysis in a

discipline or subdiscipline; and

(iii) The individual applying for the letter of permit

exception has documentation that demonstrates the individual’s

competency and experience in the specific forensic discipline or

subdiscipline in which the forensic analysis will be performed.

(b) The individual who will perform the forensic analysis shall:

(i) Submit an application for a letter of permit exception

to the Department for approval;

(ii) Renew a letter of permit exception every 3 years from

the date of issuance, if renewal is desired;

(iii) Be subject to oversight by the Department; and

(iv) Be subject to the sanctions set forth in COMAR

10.51.07.

(4) Waiver.

(a) The Secretary may grant to a forensic laboratory not

located in this State, a waiver from the licensing requirements of this

subtitle if:

(i) The forensic analysis or examination is not performed

by a licensee;

(ii) The waiver is limited to a single case or related

cases; and

(iii) The person requesting the waiver has documentation

that demonstrates the forensic laboratory’s competency and quality.

(b) A licensee, a party to a criminal case or related cases, or

the forensic laboratory that has been requested to perform a forensic

analysis shall:

(i) Submit a request for a waiver for approval by the

Department; and

(ii) Make requests in accordance with the process

established by the Department.

(c) The Department may require an out-of-State laboratory

that has been waived for licensure to apply for licensure based on the

number of waivers issued to that laboratory by the Department.

(d) The Department may deny a waiver if:

(i) The Department determines the laboratory has been

the subject of frequent waiver requests and the laboratory has failed

to apply for licensure; or

(ii) The laboratory’s license application was denied or its

license was suspended or revoked by the Department.

(5) Prohibited Analyses. The Secretary may impose principal

and alternative sanctions as set forth in this subtitle if a person

performs or offers to perform a forensic analysis or part of a forensic

analysis, including the use of a reagent, supply, procedure, method,

technique, kit, or equipment, that:

(a) Does not produce accurate or reliable forensic analysis

results as evidenced by documented, independent scientific testing

and evaluation; or

(b) Lacks proof of efficacy substantiated by independently

conducted and documented scientifically based evidence.

B. Limitation. A person may not operate a forensic laboratory in a

forensic science discipline or subdiscipline other than what is listed

on the license unless it is a discipline or subdiscipline listed under

COMAR 10.51.01.02C .

C. Application Eligibility. A person meeting the requirements and

standards of this subtitle and the requirements set forth in Health-


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General Article, Title 17, Subtitle 2A, Annotated Code of Maryland,

may apply for a forensic laboratory permit.

D. Issuance.

(1) Permit. The Secretary may issue a permit that:

(a) Is valid for not more than 3 years from the date of issue;

and

(b) Shall be renewed before the date of expiration if a

person intends to operate the forensic laboratory in the succeeding

permit period.

(2) Site License Required. A person shall obtain a separate

license for each location at which the person maintains a site to

perform forensic analyses.

E. In order to maintain a State license issued by the Department

pursuant to this subtitle, a licensee shall be in compliance with all

applicable federal, State, and local requirements.

.02 License—Requirements.

A. Requirements. A person operating a forensic laboratory that

performs one or more forensic analyses shall:

(1) Obtain, complete, and submit permit applications and fees

as prescribed in this subtitle;

(2) Obtain a forensic laboratory license as required in this

subtitle; and

(3) Renew a forensic laboratory license as required in this

subtitle.

B. Regulatory Requirements. A person operating a forensic

laboratory under a license shall comply with the:

(1) Audit requirements set forth in COMAR 10.51.02.03;

(2) Applicable proficiency testing requirements set forth in

COMAR 10.51.04;

(3) Applicable ethics, data integrity, and non-retaliation

requirements set forth in COMAR 10.51.05.16 and .17;

(4) Applicable quality systems, quality assurance, and quality

control requirements set forth in COMAR 10.51.05;

(5) Applicable employee requirements set forth in COMAR

10.51.06; and

(6) Applicable federal, State, and local requirements regarding

the operation of forensic laboratories.

.03 License—Administrative Procedures.

A. Application—Filing.

(1) A person shall:

(a) Apply for a license for each forensic laboratory location;

(b) File an application for a license using forms provided by

the Department; and

(c) Include in the application a description of forensic

laboratory services, which includes but is not limited to:

(i) Types of forensic analyses performed or to be

performed;

(ii) Total number of individuals who perform forensic

analyses for each forensic science discipline; and

(iii) Qualifications of employees who direct, supervise,

and perform forensic analyses.

(2) The forensic laboratory director shall sign the application

forms attesting that the:

(a) Information provided in the application is accurate; and

(b) Forensic laboratory is or will be operated in accordance

with the requirements and standards set forth in this subtitle.

(3) A person shall submit with the application the

nonrefundable application fee set forth in COMAR 10.51.03.04.

B. Application—Evaluation and Billing.

(1) The Department shall review and evaluate an application in

accordance with the standards and requirements of this subtitle to

determine if the:

(a) Application is complete; and

(b) Forensic laboratory is eligible for a license.

(2) After reviewing and evaluating an application, the

Department shall bill a forensic laboratory, and the forensic

laboratory shall immediately pay the applicable licensing fee.

C. Application—Denial of License. If the Department determines

that a forensic laboratory is not in compliance with the requirements

of this subtitle and therefore cannot be issued a license, the

Department shall provide to the forensic laboratory:

(1) A written statement of the grounds on which the denial is

based; and

(2) The opportunity to:

(a) Amend and resubmit the application upon payment of a

new application fee; or

(b) Request, in writing, an opportunity for a hearing as

provided in the Administrative Procedure Act, State Government

Article, §§10-201—10-226,, and Health-General Article, §§17-2A-

09, Annotated Code of Maryland.

D. Notification Requirements. A licensee shall notify the

Department within 30 days of a change in forensic laboratory:

(1) Ownership;

(2) Name;

(3) Location; or

(4) Director.

E. Amending a License. Except as prescribed in §D of this

regulation, a licensee holding an unexpired license who wishes to

have a permit amended shall:

(1) Submit a written request to amend the license to the

Department;

(2) Remit to the Department a $50 relicensing fee; and

(3) Obtain written approval from the Department before

implementing the change to the forensic laboratory’s operation or

forensic analysis that is affected by the amendment.

F. Expiration and Renewal.

(1) A license expires on the date shown on the license.

(2) The Department shall provide a renewal application to a

forensic laboratory not less than 30 days before the expiration date

shown on the license.

(3) In order to renew a license, a licensee shall file an

application to renew the license using forms provided by the

Department and following the same procedures prescribed in §§A

and B of this regulation.

(4) A licensee who fails to submit a completed renewal

application before the expiration date may not operate the forensic

laboratory after the permit expiration date.

G. Non-Transferability. A license is not transferable.

H. Addition of a New Discipline, Subdiscipline, or Forensic

Analysis.

(1) A licensee shall:

(a) Apply for a provisional license for each new discipline,

subdiscipline, or forensic analysis the licensee wishes to perform;

(b) File an application for a provisional license using forms

provided by the Department;

(c) Include in the application a description of each new

discipline, subdiscipline, or forensic analysis; and

(d) Make payment of any fees associated with each new

addition.

(2) A licensee shall provide documentation of:

(a) Validation for the new discipline, subdiscipline, or

forensic analysis; and

(b) Completion of training to include competency tests, and

if applicable, proficiency tests of individuals who perform analyses

within each new discipline, subdiscipline, or forensic analysis.

(3) An accredited licensee shall be subject to review by the

Department until the new discipline, subdiscipline, or forensic

analysis is accredited.


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.04 Fees.

A. Requirement. A person required to obtain and maintain a

license as set forth under Health-General Article, §17–2A–04,

Annotated Code of Maryland, and this subtitle, shall pay the fees as

set forth in this regulation.

B. A person shall submit a licensing fee payable to the Department

of Health and Mental Hygiene in the form of:

(1) A check or money order; or

(2) An electronic:

(a) Payment; or

(b) Fund transfer.

C. Fees—General. Fees include but are not limited to:

(1) $50 to amend an unexpired permit; and

(2) $50 to replace a lost permit.

D. Permit.

(1) A person applying for a permit to operate an accredited forensic

laboratory shall submit with each initial and renewal application a:

(a) Non-refundable $150 application fee; and

(b) Licensing fee of $90 for each discipline at each

individual laboratory site.

(2) A person applying for a permit to operate a non-accredited

forensic laboratory located in the State shall submit with each initial

and renewal application a:

(a) Non-refundable $300 application fee; and



(3) A person applying for a permit to operate a non-accredited

forensic laboratory not located in the State shall submit with each

initial and renewal application a:

(a) Non-refundable $1,000 application fee; and



(4) A person requesting a waiver as set forth in this subtitle

shall submit a fee of $60.

(5) A licensee requesting a provisional license for the addition

of a new discipline shall submit a fee of $200.

(6) A licensee requesting a provisional license for the addition

of a new subdiscipline shall submit a fee of $60.

(7) An individual applying for a letter of permit exception shall

submit a fee of $300 per discipline in which the forensic analysis will

be performed.

(8) An individual applying for a letter of permit exception shall

submit a fee of $180 per subdiscipline in which the forensic analysis

will be performed.

E. Refunds and Credits. The Secretary may not issue a refund or

credit, or return any fee or a portion of a fee to a forensic laboratory,

including but not limited to when a forensic laboratory:

(1) Withdraws a licensing application; or

(2) Voluntarily or involuntarily:

(a) Ceases to operate;

(b) Reduces or limits a forensic analysis service before a

license expires; or

(c) Halts, suspends, or terminates the forensic laboratory

licensing process.

F. Failure to Pay Fees. The Department may not issue a new or

renewed license until all outstanding fees owed by the applicant or

licensee are paid.

10.51.04 Proficiency Testing


Maryland

.01 Proficiency Testing—General.

A. Proficiency Testing. Each year a licensee shall participate in

an external proficiency testing program for each forensic science

discipline in which the laboratory performs forensic tests and

examinations, including but not limited to:

(1) Firearms and toolmarks;

(2) Questioned documents;

(3) Latent prints;

(4) Trace evidence;

(5) Biology;

(6) Controlled dangerous substances; and

(7) Toxicology.

B. Proficiency Testing Performance and Participation Requirements.

(1) Annually, a forensic analyst shall:

(a) Participate in a proficiency test for each discipline for

which the forensic analyst is qualified to perform tests or

examinations for casework; and

(b) Perform the proficiency testing analysis using the same

methods and procedures routinely used for performing the forensic

analysis of casework.

(2) For each subdiscipline for which a forensic analyst

performs casework, the forensic analyst shall perform proficiency

testing at least once in the 3-year license period or if applicable

within the required time period outlined by the accreditation

organization.

C. Proficiency Testing Performance, Participation Schedule, and

Documentation. The quality assurance manager or technical leader,

as designated by the director, shall:

(1) Establish a formal, written proficiency testing protocol

covering both external and internal proficiency tests for each

forensic science discipline and subdiscipline in which the laboratory

performs tests and examinations; and

(2) Document and maintain all records of proficiency testing

and results for each individual forensic analyst required to

participate in proficiency testing.

.02 Proficiency Testing—Forensic DNA Analysis.

Regardless of whether the individual provides results or conclusions,

an individual who provides technical support for DNA analysis, performs

DNA analysis, or is designated by the technical leader as a participant in

DNA casework, shall meet the proficiency testing requirements set forth

in 42 U.S.C. §14131, which is incorporated by reference.

.03 Proficiency Testing Provider Approval.

A. Approval Required. A private, nonprofit, or commercial

organization or government agency may not provide a proficiency

test in this State for use by a forensic laboratory without first

obtaining proficiency testing approval from the Department.

B. Approval Granted by the Secretary. The Department may

approve a proficiency testing provider for a forensic science

discipline or subdiscipline, if the proficiency testing provider:

(1) Provides reliable, documented evidence to the Department

that the proficiency test is technically and administratively able to

meet the applicable requirements of this chapter; and

(2) Submits directly to the Department evaluations of all

proficiency test results from each laboratory that holds a Maryland

forensic laboratory permit.

10.51.05 Forensic Laboratories—Quality

Assurance


.01 Quality Assurance —General.

To obtain or maintain a permit to operate a forensic laboratory, a

person or licensee shall ensure that the forensic laboratory:

A. Establishes and follows policies and procedures for a

comprehensive quality assurance program designed to monitor and


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evaluate the ongoing and overall quality and safety of the total

examination and forensic analysis process;

B. Maintains a quality assurance program that:

(1) Continually evaluates the effectiveness of the laboratory’s

policies and procedures;

(2) Routinely revises policies and procedures based on the

results of ongoing evaluation;

(3) Identifies and corrects problems;

(4) Assures:

(a) Accurate, complete, and reliable reporting of results of

examinations and analyses;

(b) Technical procedures are validated and are accepted

practice in the forensic discipline; and

(c) Adequate and competent employees;

(5) Requires documentation of all quality assurance and

quality control activities; and

(6) Includes policies and procedures for:

(a) Handling and preservation of evidence;

(b) Calibration and maintenance of equipment;

(c) Handling, maintaining, and securing laboratory records

including case records and reports;

(d) Evaluation and approval of employees;

(e) Laboratory security;

(f) Identifying and implementing corrective actions;

(g) Documenting and investigating complaints;

(h) The operation of individual characteristic databases,

where appropriate; and

(i) Data integrity and ethics;

C. Develops and maintains:

(1) An organizational chart of all employees;

(2) Job requirements and a job description for each contractor;

and

(3) Employee records that include, but are not limited to:

(a) Job requirements and a job description for each

employee;

(b) Educational background and qualifications;

(c) Curriculum vitae;

(d) Court testimony evaluations and a record that the

evaluations are reviewed with each examiner and analyst;

(e) Documentation of successful completion of a training

program set forth by the laboratory, including competency testing;

(f) Authorization to perform independent casework; and

(g) Performance evaluations;

D. Establishes and maintains a forensic laboratory safety

program;

E. Employs appropriately trained employees and possesses

equipment to conduct the scope of forensic services offered;

F. Maintains reference literature in physical or electronic form

that covers all disciplines and subdisciplines for which services are

offered;

G. Designates an individual as the quality assurance manager;

H. Defines and maintains a document retention policy;

I. Maintains a facility that is designed to ensure the integrity of the

forensic analyses and the evidence;

J. Conducts:

(1) Administrative review of all cases and reports before

issuing a report; and

(2) Technical review, of no less than 5 percent of cases as

determined by the laboratory director or designee, to ensure

conclusions and supporting data are within the constraints of

scientific knowledge; and

K. Establishes a mechanism to:

(1) Address unresolved discrepant conclusions between an

analyst and the technical reviewer; and

(2) Require that unresolved discrepancies are documented in:

(a) The case record; and

(b) Any other laboratory document as determined by the

director.

.02 Quality Assurance—Specific.

A. A licensee shall develop, establish, maintain, implement, and

follow quality assurance policies and procedures that ensure that the

laboratory’s quality system is maintained.

(1) A licensee shall ensure that the laboratory has a clear

procedure describing the process to:

(a) Uniquely identify evidence;

(b) Determine and identify workflow; and

(c) Assign and prioritize work.

(2) Chain of Custody. The licensee shall:

(a) Maintain a record of chain of custody in written or

electronic form in order to maintain accurate tracking of all

evidence; and

(b) Document each transfer of evidence with the date of

transfer and the signature of the person receiving the evidence at the

time of transfer.

B. Identifying and Handling Evidence. A licensee shall:

(1) Ensure that each item of evidence received by the forensic

laboratory:

(a) Is permanently marked and includes a unique identifier

either on the:

(i) Evidence itself; or

(ii) Proximal container of the evidence; and

(b) Has a documented record that includes the:

(i) Identity of the evidence submitter;

(ii) Date the item of evidence was submitted; and

(iii) Description of the item of evidence submitted;

(2) Establish and follow a procedure to identify evidence that

cannot be marked or identified as set forth in §B(1) of this

regulation;

(3) Ensure all items produced during a forensic analysis or

examination are:

(a) Marked with a unique identifier that can be traced back

to the original evidence;

(b) Appropriately packaged;

(c) Documented in case notes, reports, and the evidence

tracking system; and

(d) Packed with the original evidence when applicable or a

disposition will be noted;

(4) Ensure documentation of the date of receipt of each test

item and evidence;

(5) Establish, maintain, and follow a procedure to define

proper packaging and sealing of evidence requiring that:

(a) Evidentiary seals:

(i) Are initialed or marked by the person sealing the

evidence; and

(ii) Prevent the evidence from being removed, lost,

altered, or contaminated; and

(b) Evidence is protected from:

(i) Loss;

(ii) Cross-contamination; and

(iii) Any harmful change;

(6) Consider evidence containers properly sealed only if:

(a) The contents cannot readily escape; and

(b) Entering the container results in obvious damage or

alteration to the container or the container’s seal; and

(7) Clearly mark an item that is not evidence but is stored in an

evidence storage area.


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C. Deficiencies, Errors, and Corrective Actions. A licensee shall

have:

(1) A procedure for corrective actions to be taken when a

deficiency or error is identified with:

(a) A forensic analysis procedure or method; or

(b) The casework or proficiency testing of a forensic analyst

or examiner; and

(2) The procedure and required documentation for the

corrective actions include:

(a) A determination of the cause of the deficiency or error;

(b) An evaluation of the deficiency or error to determine if

the deficiency or error causes or has caused an adverse effect on the

quality of a forensic analysis;

(c) An indication of the individual responsible for corrective

action;

(d) A timeline of corrective action or actions; and

(e) Verification that the corrective action was:

(i) Implemented; and

(ii) Monitored for effectiveness in correcting the

deficiency or error.

D. A licensee shall designate a quality assurance manager to

oversee and ensure that the quality assurance program is

implemented, maintained, and routinely evaluated.

E. A licensee shall ensure that a change to an entry on an

examination document, whether written or electronic, is:

(1) Trackable to the person who made the change; and

(2) Not erased, hidden, obscured, disguised, or obliterated.

F. A licensee shall establish and follow a procedure to document

any:

(1) Evidence discrepancies;

(2) Compromise of evidence integrity; or

(3) Lost or misplaced evidence.

G. A licensee shall document all quality assurance and quality

control activities as set forth in this subtitle.

H. A licensee shall establish a procedure to:

(1) Investigate, resolve, and document a forensic analysis

discrepancy; and

(2) Allow for a request and approval from the director or

designee for a deviation from standard operating procedures.

I. Public Record.

(1) A licensee shall establish and follow a procedure to make

discrepancy logs, contamination records, and test results available to

the public within 30 days of a written request.

(2) A contamination record shall include the following

information:

(a) Unique case identifier;

(b) Encoded sample identification;

(c) Description of results; and

(d) Identifiers that led to an incident report.

.03 Quality Assurance—Specific for Postmortem Forensic

Toxicology.

A. In addition to any applicable requirement in this chapter, a

forensic laboratory performing postmortem forensic toxicology shall

establish a:

(1) Procedure for responding to requests for the laboratory’s

information and documentation; and

(2) Policy for:

(a) Retention and release of laboratory information;

(b) Addressing the confidentiality of laboratory data; and

(c) Identifying:

(i) The extent to which interpretations may be provided

with test results; and

(ii) Who is authorized to provide interpretations.

B. Specimen Collection and Handling.

(1) A laboratory director shall develop and provide, to all

agencies or parties that submit or request postmortem toxicology

analyses, instructions that include the specific requirements for the:

(a) Type and minimum amount of specimen needed to

perform the:

(i) Requested analysis; and

(ii) Subsequent interpretations;

(b) Type and size of specimen container;

(c) Type and amount of preservative to be added to

biological fluids, when applicable;

(d) Labeling of each individual specimen container;

(e) Packaging and transport of a specimen;

(f) Submission of relevant medical history on decedents who

may carry a highly infectious disease, such as tuberculosis, hepatitis,

or human immunodeficiency virus (HIV);

(g) Labeling of each specimen as to type and source, if

applicable; and

(h) Proper sealing of containers to prevent:

(i) Leakage of the specimen container; and

(ii) Cross-contamination between specimens.

(2) A licensee shall ensure that a specimen submitted for

postmortem toxicology testing includes documentation that provides

pertinent case information, including the:

(a) Name of decedent;

(b) Date of specimen collection; and

(c) Pertinent history of the case.

(3) For a specimen received for postmortem toxicology testing,

a laboratory shall maintain a written or electronic record

documenting the:

(a) Condition of the specimen;

(b) Handwritten initials or electronic signature of the

individual who received the specimen;

(c) Date the specimen was received;

(d) Name of the decedent;

(e) Unique identifier assigned to the specimen;

(f) Specimen type;

(g) Date the specimen was collected; and

(h) Identification of the individual who collected the

specimen.

(4) A licensee shall develop and follow a policy for the

retention, release, and disposal of specimens submitted for

postmortem toxicology testing.

.04 Quality Control Program.

A. A licensee shall:

(1) Develop, establish, maintain, implement, and follow quality

control policies and procedures that ensure accurate and reliable:

(a) Forensic analysis results; and

(b) Case reports;

(2) Ensure that all quality control activities set forth in this

chapter are documented;

(3) Ensure that the quality control program is able to detect

shifts and trends that could result in an adverse impact on the quality

of forensic analysis results;

(4) Ensure that quality control data are evaluated routinely and

when found to be contaminated, out of range, incorrect, or otherwise

unacceptable:

(a) Corrective actions are taken; and

(b) Incorrect results are not reported;

(5) Ensure that quality control material and reference

standards are specified in the SOPM and the results of quality

control testing are documented in the case record;

(6) Ensure that a reagent used for a forensic analysis:

(a) Is tested for reliability before being put into use;


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(b) Is identified with the:

(i) Name of the reagent;

(ii) Lot number or date the reagent was prepared; and

(iii) Expiration date;

(c) Is checked for reliability on a cycle determined by the

technical leader;

(d) Has a record documenting:

(i) Who prepared the reagent; and

(ii) Completion of a reliability check before use; and

(e) Has storage, safety, and handling requirements

specified;

(7) Ensure that a reagent that is not used for a forensic

analysis on a regular basis is tested for reliability before each use;

(8) Discard a reagent, make a new reagent, and check the new

reagent’s reliability before any casework being performed, if the

reagent reliability is found to be compromised;

(9) Use reagents that are suitable for the forensic analysis

methods employed;

(10) Have procedures for tracking the receipt and use of

commercial reagents;

(11) Have procedures for the formulation of in-house reagents

in the SOPM; and

(12) Test the forensic analysis method, before reporting a

forensic analysis result, using:

(a) A positive and negative external control for a qualitative

forensic analysis; and

(b) Known levels of external controls for each analyte in a

quantitative forensic analysis.

B. Postmortem Forensic Toxicology. In addition to applicable

requirements of this regulation, a laboratory performing postmortem

forensic toxicology shall meet the requirements of this section.

(1) Screening Tests. A licensee shall:

(a) Ensure a postmortem toxicology screening test is

appropriate and validated for the type of biological specimen being

analyzed; and

(b) Perform and document precision studies for a method

that uses cut-off values for analyte concentrations.

(2) Confirmatory Tests. A licensee shall:

(a) Confirm, if possible, the detection or initial identification

of controlled dangerous substances or other toxicants by a second

method based on a different chemical principle; and

(b) Ensure the confirmatory test is more specific than the

initial test for the target analyte, if possible.

(3) Immunoassay. A laboratory shall:

(a) Be able to demonstrate sufficient separation in the

response between a negative and positive specimen at the cut-off

concentration of the immunoassay;

(b) Validate the use of an immunoassay method or

procedure on a specimen if the method or procedure is not

recommended by the manufacturer of the immunoassay; and

(c) Use matrix-matched quality control materials for each

batch of specimens analyzed with the immunoassay.

(4) Chromatography. A laboratory shall:

(a) Analyze calibrators or controls with each batch of

specimens for qualitative and quantitative chromatography assays;

(b) Establish an acceptable range for each quantitative

quality control material; and

(c) Use a suitable internal reference standard, when

available.

(5) Spectrophotometry. A laboratory shall maintain cuvettes

used for spectrophotometry in good optical condition.

(6) Mass Spectrometry. A laboratory shall:

(a) Establish and adhere to criteria for acceptable mass

spectrometric tune;

(b) Have written criteria for full scan mass spectrometric

identification through library searching; and

(c) Compare ion ratios and retention times between

reference standards, calibrators, quality control materials, and case

specimens when using selected ion monitoring or selected reaction

monitoring.

.05 Standard Operating Procedures Manual (SOPM).

A. Policies and Procedures. A licensee shall ensure that all

policies and procedures affecting the scope of activities performed in

the laboratory are:

(1) Documented; and

(2) Communicated to, understood by, available to, and

implemented by employees performing the activities.

B. A licensee shall ensure that:

(1) Documents issued to employees are reviewed and approved

for use by authorized employees before issue;

(2) The current revision status and distribution of documents is

established to preclude use of archived documents;

(3) Authorized documents are available at all locations where

casework is performed;

(4) Archived documents are promptly removed from access or

otherwise identified to ensure against unintended use;

(5) Documents are uniquely identified, including date of issue

or version, page numbering, total number of pages or a mark to

signify the end of the document, and the issuing authority;

(6) Changes to documents are approved by the same authority

that issued the document and altered or new text is clearly identified;

and

(7) Documents in computerized systems have equivalent

procedures.

C. A licensee shall develop, establish, maintain, implement, and

require that technical procedures meet the following:

(1) The procedures included are:

(a) Generally accepted in the appropriate forensic field or

supported by data gathered and recorded in a scientific manner;

(b) Available to all appropriate employees;

(c) Able to produce valid and accurate results; and

(d) Reviewed annually by the director or the director’s

designee and this review shall be documented;

(2) All procedures include, at a minimum:

(a) Sample or specimen preparation, as needed for the

method;

(b) Required quality control, standard, and reference

material;

(c) Calibration requirements and instructions;

(d) Interfering substances and potential sources of error;

(e) Literature references;

(f) Special analytical and safety precautions;

(g) Step-by-step instructions; and

(h) Calculations, if required;

(3) All discontinued technical procedures are signed by the

laboratory director when the technical procedure is retired and

include the date of discontinuance;

(4) A laboratory procedure identifies which documents are to

be maintained in the case file;

(5) All changes to a procedure are approved and signed by the

director;

(6) The SOPM is available to all forensic analysts and

examiners;

(7) A departure from the SOPM is:

(a) Approved by the laboratory director or qualified

designee before implementation;

(b) Scientifically validated before implementation;

(c) Written; and


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(d) Communicated to the quality assurance manager;

(8) The laboratory has a procedure for determining the

reasons, criteria, or conditions for when a report is not produced;

(9) The laboratory has a procedure or policy for technical

review of reports that:

(a) Defines criteria for the technical review, for example,

number or percent of case reports reviewed or corrective action

protocol if discrepancies are found;

(b) Ensures that a review cannot be performed by the

examiner or analyst who prepared the report; and

(c) Ensures that a technical review of a one-individual unit

is performed at a review percentage determined by the laboratory

director by an analyst or examiner of another licensed forensic

laboratory, who is qualified within the same disciplines or

subdisciplines; and

(10) The laboratory has a procedure for administrative review

that:

(a) Requires that reviews be performed on all case reports;

(b) Specifies who may perform the administrative review;

(c) Clearly defines how the administrative review is

documented; and

(d) Requires that reviews be performed before case reports

are issued.

D. A licensee shall ensure that the laboratory has a policy and

procedure for the handling of written or oral complaints received

from customers, laboratory employees, or other parties.

E. Postmortem Forensic Toxicology. In addition to applicable

sections of this regulation, a laboratory performing postmortem

forensic toxicology shall have:

(1) A record of sample signatures and initials of all employees

handling specimens and performing analytical work; and

(2) A procedure:

(a) For periodically monitoring the purity of chemicals used

as reference standards; and

(b) That defines which postmortem forensic toxicology tests

are to be performed on each type of case.

.06 Calibration—General.

A. A licensee shall develop, establish, implement, maintain, and

follow calibration procedures.

(1) If computers or automated equipment are used for the

processing, recording, reporting, storage, or retrieval of calibration

data, the licensee shall ensure that:

(a) Computer software is performance checked after updates

occur or validated;

(b) Procedures are established, maintained, and followed to

protect and secure the data; and

(c) Computers and automated equipment are maintained to

ensure proper functioning.

(2) A licensee shall ensure that:

(a) Reference standards are calibrated by an entity that can

provide traceability;

(b) Measuring devices including rulers, weights, pipettes,

balances, thermometers, and other devices that affect a forensic

analysis result are calibrated against a reference standard traceable

to the International System of Units, if available, as required by the

manufacturer or forensic laboratory’s quality assurance program;

(c) Calibration, if applicable, is performed:

(i) Before initial use and before the recalibrated item is

returned to service;

(ii) Following service or maintenance; and

(iii) At intervals specified by the manufacturer or more

frequently as determined by the technical leader or quality assurance

manager; and

(d) All calibration activities are documented.

B. Postmortem Forensic Toxicology. In addition to applicable

sections of this regulation, a laboratory performing postmortem

forensic toxicology shall:

(1) Include in the method calibration:

(a) A sufficient number of calibrators and quality control

samples in each batch that are consistent with the analysis being

performed; and

(b) Analyses being performed on unusual specimens that:

(i) Use appropriate matrix-matched calibrators, when

possible; and

(ii) Are prepared and tested concurrently with the

specimen; and

(2) Have a policy that defines a specimen that has a unique

matrix.

.07 Validation and Performance Checks.

A. The licensee shall:

(1) Separately perform a validation or conduct a performance

check on standard methods before use;

(2) Validate non-standard methods, laboratory designed

methods, laboratory designed tests, and modifications of standard

methods before use; and

(3) Maintain documentation of all method validation and

performance check activities.

B. A licensee shall ensure that validation includes, but is not

limited to:

(1) Literature references;

(2) Limitations of the method;

(3) Sources of error;

(4) Specificity;

(5) Sensitivity;

(6) Accuracy; and

(7) Reproducibility.

C. A licensee shall ensure that performance checks, if applicable,

are performed:

(1) Before:

(a) Initial use of computers and automated equipment; and

(b) Computers or automated equipment are returned to use

for casework;

(2) Following servicing or maintenance;

(3) At intervals specified by the manufacturer; and

(4) As needed as determined by the technical leader.

D. A technical leader and a laboratory director shall approve all

testing methods before the testing methods are put into use.

E. A licensee shall ensure that:

(1) Reference samples are used for method validation and

performance checks;

(2) Validation and performance checks include a statement as

to whether the method is fit for the intended use; and

(3) All new procedures and modifications of current

procedures are validated and documented before being used in case

work.

.08 Examination and Analysis.


follow examination and analysis procedures.

B. A licensee shall:

(1) Ensure that all evidence is given a unique identifier;

(2) Ensure that, when computers or automated equipment are

used for the processing, recording, reporting, storage, or retrieval of

examination or analysis data:

(a) Computer software is validated;

(b) Procedures are established and maintained to protect

and secure the data; and

(c) Computers and automated equipment are maintained to

ensure proper functioning;


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(3) Have a policy for securing short-term and long-term

storage of documents, evidence, and reports, which includes:

(a) Limited access; and

(b) Environmental controls;

(4) Ensure each individual sub-sample has a unique identifier,

when evidentiary samples are subdivided;

(5) Ensure that all positive comparative analyses are verified

by a second independent qualified examiner or analyst who has

documented expertise in the examination that was performed, and the

verification is documented; and

(6) Have a policy for securing evidence that is in the process of

being examined or analyzed.

C. Examinations and Analysis by Subcontractors.

(1) All subcontractors shall be licensed as a forensic

laboratory in the State, regardless of location, unless a waiver has

been obtained for a rare or unique test as required by COMAR

10.51.03.01A(4).

(2) A licensee shall ensure:

(a) The customer who ordered the analyses is notified of the

laboratory’s intention to subcontract specific services for testing;

(b) All subcontractors issue reports only to the forensic

laboratory that ordered the testing; and

(c) All remaining evidence is returned to the forensic

laboratory by the subcontractor.

.09 Test Reports—General.

A. A licensee shall ensure that a test report includes but is not

limited to the following:

(1) Name and physical address of the laboratory;

(2) A unique identifier on each page of the report;

(3) Identification of the forensic analysis method used;

(4) A clear identification of each item tested including a

description of the item’s condition;

(5) The date each forensic analysis was completed;

(6) Units of measurement, if applicable;

(7) The name and written or electronic signature of the

examiner or analyst responsible for:

(a) Performance of the forensic analysis;

(b) Interpretations of forensic analysis results; and

(c) Opinions;

(8) Opinions and interpretations;

(9) When applicable, a statement of uncertainty of

measurement if the uncertainty of measurement may affect the

interpretation of the results of the forensic analysis;

(10) The date report was generated;

(11) The indication of the end of the report on the report’s last

page; and

(12) If applicable, a statement that the analysis was performed

by another laboratory and identifies the facility that actually

performed the analysis.

B. A licensee shall ensure that any information from §A(1)—(12)

of this regulation that is not included in the test report is documented

in the case record.

C. A licensee shall ensure that test reports:

(1) Are produced when analytical testing is performed on

evidence;

(2) Contain opinions and conclusions and the name of the

report’s author;

(3) Report results accurately, clearly, unambiguously, and

objectively; and

(4) Utilize a page numbering system that includes the total

number of pages.

D. A licensee shall ensure that amended reports:

(1) Clearly state that the report has been amended;

(2) Reference the date of the original report;

(3) Are placed or associated with the original report in the case

file; and

(4) Are provided to the customers.

E. Reports—Postmortem Forensic Toxicology. In addition to

applicable sections of this regulation, a laboratory performing

postmortem forensic toxicology shall:

(1) Have a procedure or policy for technical review of reports,

which includes at a minimum:

(a) Chain of custody documentation;

(b) Validity of analytical data; and

(c) Quality control data;

(2) Include on the test report the name of the submitting agency

or individual;

(3) Indicate qualitative test results using the:

(a) Term ―Positive‖ if the test result is positive for the

presence of the substance tested; and

(b) Term ―None detected‖ if the test result is negative for

the presence of the substance tested;

(4) Have quantitative results identified using correct

nomenclature;

(5) Have preliminary reports clearly indicate that the:

(a) Results are unconfirmed and subject to verification;

(b) Testing is incomplete; and

(c) Subsequent results, where appropriate, may affect the

final report and interpretation of the report;

(6) Clearly identify test results performed by a subcontractor;

(7) Clearly identify revised reports or addenda using the same

identifying information as the original report, for reports that contain

additional testing after the original test results were reported; and

(8) Indicate on the final report the name of the laboratory that

actually performed the test if specimens were referred to another

laboratory for analysis.

.10 Employee Training and Competency.


follow a written training program for all technical skills in each

discipline and subdiscipline for each new or untrained employee and

employees who need remedial training.

B. A licensee shall ensure that available to all technical employees

is a discipline-specific training program that includes:

(1) All aspects of the work being performed by the laboratory

for each discipline and subdiscipline in which the laboratory

performs case work;

(2) Ethics and data integrity;

(3) Criminal and civil law procedures;

(4) Criteria or requirements to demonstrate competence;

(5) Expectations of job performance;

(6) Moot court training if court testimony may be required; and

(7) Expert witness training if expert witness testimony may be

required.

C. A licensee shall ensure that training records include at least:

(1) Competency assessments;

(2) Proficiency testing results;

(3) Documentation of all training;

(4) Documentation of training that occurred at a previous job,

if applicable;

(5) Written authorization by the laboratory director and

technical leader to conduct independent casework in each type of

testing assigned; and

(6) Documentation of all continuing education.

.11 Equipment Maintenance.

A. General. The laboratory shall develop, establish, maintain,

implement, and follow an equipment calibration and maintenance

procedure and policy.


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B. A licensee shall ensure that equipment, before being placed into

use, is calibrated or checked to establish that the equipment meets

either the laboratory’s or manufacturer’s specifications, or both, as

determined by the director.

C. A licensee shall ensure that records are maintained on all items

of equipment including at a minimum:

(1) Identity of the item of equipment and the equipment’s

ancillary parts;

(2) Manufacturer’s name and serial number or other unique

identifier;

(3) Performance checks ensuring the equipment complies with

the manufacturer’s specifications;

(4) Current location, if applicable;

(5) Manufacturer’s instructions or operating manual;

(6) Dates and results of calibrations, adjustments, and service

and date of next calibration;

(7) Documentation of all maintenance performed, including

date and signature of the individual performing the maintenance; and

(8) Documentation of any damage, malfunction, modification,

or repair to the equipment.

D. A licensee shall ensure that any equipment that gives

questionable results or is not functioning properly is immediately

taken out of use and the equipment:

(1) Is clearly labeled as out of service;

(2) Is examined and repaired or retired;

(3) Is calibrated or shown to perform correctly before being

put back into service; and

(4) Has forensic analysis results on previously examined

evidence evaluated for accuracy back to the previous calibration.

E. A licensee shall ensure that the equipment, including both

hardware and software, is safeguarded from adjustments that

invalidate or alter calibrations or test examinations and analyses.

F. A licensee shall ensure that operator’s manuals for all

equipment and instruments are available to all examiners and

analysts who use the equipment or instruments.

.12 Case Records.

A. A licensee shall create and maintain a unique identifier system

for all administrative and examination documents originating from or

received by the laboratory for each case by:

(1) Writing all documents in permanent ink and defining

exceptions in the laboratory SOPM;

(2) Using electronic signatures only if a security protocol is in

place;

(3) Having a tracking policy and system for electronic record

changes, when the electronic document is complete; and

(4) Identifying all administrative documents with a unique

identifier and signing or initialing by the individual who prepared or

received the document.

B. In regard to examination documents, a licensee shall ensure

that:

(1) If information is recorded on both sides, each side of a page

is considered a separate page;

(2) If examination documents consist of multiple pages, a page

numbering system that includes the total number of pages is used;

(3) In the absence of the examiner or analyst, another

competent examiner or analyst is able to evaluate and interpret the

data;

(4) An examination document:

(a) Includes details to support the conclusions and opinions

reported by each examiner or analyst;

(b) Is free of erasures or obliterations;

(c) Is marked with a unique identifier and the examiner’s or

analyst’s handwritten initials or electronic signature; and

(d) Includes each date casework or an analysis was

performed;

(5) If an individual in addition to the examiner or analyst

interprets or reports the results, both individuals initial or

electronically sign each page of the examination documents;

(6) Abbreviations and symbols are defined in the SOPM;

(7) Erroneous results, corrections, and amendments:

(a) Are crossed out with a single line, not erased, and not

deleted or made illegible; and

(b) Have corrections entered beside the erroneous result;

(8) All corrections and amendments are initialed and dated;

(9) If electronically signed, measures are taken to ensure the

signature is secure; and

(10) There is no loss or change of the original documents.

.13 Complaints.

A. A licensee shall retain all complaint records and

documentation of the investigations and corrective actions taken by

the laboratory.

B. A licensee shall ensure that complaint documents include at

least the:

(1) Name and organization of complainant, if applicable;

(2) Date of complaint;

(3) Details of complaint;

(4) Corrective action and resolution; and

(5) Notification of the complainant as to the resolution of the

complaint.

C. A licensee shall forward all complaints to the laboratory

director.

.14 Subcontractors.

A licensee shall:

A. Maintain a list of all subcontractors to which forensic analyses

are referred;

B. Be responsible for the subcontractor’s forensic analysis or

examination;

C. Ensure that forensic analysis results from the subcontractor are

written or in a secured electronic form;

D. Ensure that if alternative methods are used, the customer is

notified before performing the examination or analysis;

E. Establish and use appropriate review procedures to ensure the

integrity of:

(1) Outsourced samples; and

(2) Data received from the subcontractor; and

F. Establish and use appropriate review procedures to verify

compliance with applicable State regulations.

.15 Facilities.

A. Facility Administration. A licensee shall ensure that a

laboratory:

(1) Is adequate for the testing services offered;

(2) Has lighting, plumbing, wiring, ventilation, heat, air

conditioning, and humidity to meet the laboratory’s requirements;

(3) Has a fire detection system; and

(4) Has the required safety equipment as defined by the

laboratory SOPM.

B. Security. A licensee shall:

(1) Control and limit access to areas of the laboratory to those

persons who regularly work in an area or are designated by the

laboratory director as having access to an area; and

(2) Ensure that:

(a) Entrances and exits have adequate security measures;

(b) Internal areas that are required to have controlled or

limited access are protected by a locked system;

(c) The distribution of all keys, magnetic cards, and entry

devices is documented and authorized by the director;


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(d) The facility is secure; and

(e) All short-term and long-term storage areas have

controlled or limited access and have a lock system in place.

C. Safety. A licensee shall:

(1) Have a safety policy and procedure, that is reviewed

annually;

(2) Designate an employee as the safety officer with

responsibilities defined by the licensee;

(3) Have safety devices and equipment, e.g., goggles, gloves,

face protectors, ear protectors, and fire extinguishers, available and

in close proximity to the appropriate areas;

(4) Have a safety shower, eye washes, and exhaust hoods

available in close proximity to the appropriate areas;

(5) Have appropriate equipment and materials available for

handling and storing hazardous and toxic substances and

remediating spills of those substances;

(6) Ensure first aid kits and employees trained in first aid are

available;

(7) Ensure adequate space is provided for the safe storage of

volatile, flammable, explosive, and otherwise hazardous materials;

and

(8) Be in compliance with all federal, State, and local

regulations regarding the handling and disposal of infectious

materials, chemicals, radioactive materials, sharps, and glassware.

.16 Ethics and Data Integrity Policy—Requirement.

A. A licensee shall:

(1) Establish and maintain a written ethics and data integrity

policy to be followed by all forensic laboratory employees, which

includes the items set forth in §B of this regulation;

(2) Provide access to the information, training, and resources

needed by all forensic laboratory employees to comply with

applicable federal and State laws, including ethics laws and

regulations and the ethics and data integrity policy required in §A(1)

of this regulation;

(3) Provide formal ethics and data integrity training:

(a) As part of new employee orientation; and

(b) On an annual basis for all current employees;

(4) Develop and utilize an employee ethics and data integrity

agreement, for each employee to sign annually after training,

acknowledging, and certifying that the employee has read,

understands, and will follow the forensic laboratory ethics and data

integrity policy; and

(5) Provide a working environment in the forensic laboratory

that:

(a) Prevents employees from being subject to inappropriate

pressures, coercion, intimidation, unethical laboratory dilemmas, or

bribery from internal or external sources; and

(b) Promotes and maintains effective bilateral

communication through the chain-of-command, regarding concerns,

inquiries, and allegations pertaining to:

(i) Suspected or actual unethical conduct;

(ii) Data integrity issues;

(iii) Questionable practices; or

(iv) Questions concerning forensic analysis procedures

or results.

B. A licensee shall ensure that a licensee’s ethics and data

integrity policy includes at least the following topics, requirements,

and procedures:

(1) An employee’s responsibility to report any activity or

behavior by any other employee, subcontractor, or vendor that the

employee has reason to believe violates applicable laws, rules, and

regulations or the forensic laboratory’s ethics and data integrity

policy;

(2) The disciplinary action an employee will be subject to if the

employee:

(a) Makes or produces a report that the employee knows to

be false or misleading;

(b) Is found falsifying, short-cutting, camouflaging, or

misrepresenting any information or facts about forensic analysis

procedure, result, reports, or data management; or

(c) Otherwise engages in conduct or behavior that violates

the:

(i) Forensic laboratory’s ethics and data integrity policy;

or

(ii) Established forensic laboratory practices;

(3) Procedures for reporting, handling, and investigating

complaints of unethical conduct and violations or suspected

violations of the forensic laboratory’s ethics and data integrity

policy;

(4) Requiring employees to:

(a) Act impartially and not give preferential treatment to

any person;

(b) Exhibit exemplary conduct and use honest efforts in the

performance of duties and responsibilities;

(c) Perform a forensic analysis in a manner that:

(i) Is independent of internal and external influences;

(ii) Is objective; and

(iii) Assures that results are accurate, precise, and of

known and documented quality; and

(d) Understand the:

(i) Serious implications and consequences of unethical

conduct, intent to defraud, or any impropriety in performing forensic

analyses; and

(ii) Zero tolerance policy regarding an employee who

engages in any form of conduct or behavior that is a violation of the

ethics and data integrity policy required in §A of this regulation or

any forensic laboratory practice that is not authorized by a licensee’s

established procedures; and

(5) Prohibiting an employee from:

(a) Soliciting or accepting any gift of goods or services or

other benefit of value from a person or entity:

(i) Seeking action from or doing business with the

forensic laboratory; or

(ii) Whose interests may be substantially affected by the

performance or nonperformance of the employee’s duties and

responsibilities;

(b) Holding a financial or personal interest that conflicts

with the conscientious and ethical performance of duties and

responsibilities;

(c) Engaging in a transaction allowing the improper use of

confidential information to further a private interest;

(d) Conducting an action that violates the standards and

requirements set forth in this subtitle or the licensee’s ethics and data

integrity policy; and

(e) Engaging in outside employment or activities that

conflict with the conscientious and ethical performance of duties and

responsibilities.

.17 Nonretaliation.

A. A licensee shall establish, maintain, and follow a nonretaliation

policy that ensures that an employee who in good faith reports to the

Secretary or the Department an issue related to data integrity or

unethical or fraudulent conduct will not be subject to any form of

discrimination or retaliation.

B. An employee who works in a forensic laboratory may disclose

information to the Secretary that the employee believes evidences a

violation or possible violation of a standard or requirement set forth

in this subtitle or Health-General Article, Title 17, Subtitle 2A,


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Annotated Code of Maryland, including a standard or requirement

related to data integrity or unethical or fraudulent conduct.

C. A licensee shall post the document developed by the Secretary

and approved by the Department informing employees of a forensic

laboratory of the procedures to report instances of noncompliance or

other violations of the standards and requirements set forth in this

subtitle or Health-General Article, Title 17, Subtitle 2A, Annotated

Code of Maryland.

D. The Department shall develop a forensic laboratory

noncompliance document that:

(1) Has contact information for reporting violations of

standards and requirements for forensic laboratories, including

address, phone numbers, fax number, and website;

(2) Has a statement about nonretaliation and

nondiscrimination against anyone reporting noncompliance or other

violations for forensic laboratories; and

(3) Is signed by the director of the Office of Health Care

Quality.

E. The Department shall distribute to each quality assurance

manager of a forensic laboratory the document referenced in §D of

this regulation.

F. A licensee shall ensure that the document referenced in §D of

this regulation is posted in a conspicuous place visible to all forensic

laboratory employees.

G. A licensee may not discriminate or retaliate against an

employee of a forensic laboratory who:

(1) In good faith makes a report to the Secretary as set forth in

this regulation; or

(2) Has agreed to cooperate with an investigation of the


H. A licensee may be subject to the sanctions set forth in this

subtitle and Health-General Article, Title 17, Subtitle 2A, Annotated

Code of Maryland, if the licensee discriminates or retaliates against

an employee who in good faith makes a report to the Secretary as set

forth in this regulation, including:

(1) Failing to promote the employee or provide an employment-

related benefit for which the employee would otherwise be eligible;

(2) Making an adverse evaluation or decision in relation to

accreditation, certification, credentialing, or licensing of the

employee; or

(3) Taking a personnel action that is retaliatory to the

employee.

I. An employee of a forensic laboratory who has been

discriminated or retaliated against in violation of this regulation or

Health-General Article, §17–2A–10, Annotated Code of Maryland,

may initiate an action within 2 years of the discrimination or

retaliation that is the basis for the action, and, on prevailing, shall be

entitled to:

(1) Reinstatement;

(2) Reimbursement for lost wages;

(3) Work benefits lost as a result of the unlawful acts of the

licensee; and

(4) Reasonable attorney’s fees and costs associated with

pursuing the action.

10.51.06 Employees


.01 Employees—Required.

A. A licensee operating a forensic laboratory shall employ or

otherwise engage the services of qualified employees, including:

(1) A director;

(2) A technical leader;

(3) A quality assurance manager; and

(4) Forensic analysts and examiners.

B. Based on the scope of forensic testing services or categories

offered or performed by the forensic laboratory, a licensee:

(1) Shall employ a sufficient number of qualified forensic

analysts and examiners to:

(a) Accomplish the forensic laboratory’s mission and goals

as determined by the director;

(b) Meet the forensic laboratory’s established priority

protocols for a forensic analysis; and

(c) Ensure that the quality of forensic testing services is not

jeopardized; and

(2) May employ more than one technical leader.

C. The laboratory director may identify or designate an individual

in an equivalent role, position, or title for an employee required in §A

of this regulation if the individual:

(1) Meets the qualifications for the position; and

(2) Fulfills the responsibilities of the designated required

employees as set forth in this subtitle.

D. An individual employed by a licensee may serve in one or more

roles or positions of the employees required in §A of this regulation if

the:

(1) Individual meets the qualifications for and fulfills the

responsibilities of the required employees as set forth in this subtitle;

and

(2) Duties and responsibilities are delegated in writing to the

assigned individual.

.02 Employees—Character and Education Verification.

A. A licensee shall establish and follow written procedures for

verifying the background and education of forensic laboratory

employees.

B. A licensee shall verify the background and education of an

individual by a:

(1) Background investigation;

(2) Review of the individual’s grade transcript from the college

or university that the individual attended, that is:

(a) The original record or transcript document; or

(b) An official certified copy of the transcript;

(3) Test for abuse of controlled dangerous substances; and

(4) Polygraph examination, if available.

.03 Employees—Qualification Effective Dates.

A. Regardless of how an individual’s role, position, or title is

identified by a licensee, on or after January 1, 2012, an individual

who begins employment with a licensee in a forensic laboratory shall

meet the appropriate employee qualifications and requirements as set

forth in this subtitle for a:

(1) Director;

(2) Technical leader;

(3) Quality assurance manager;

(4) Forensic analyst or examiner; and

(5) Person in the chain of casework who could affect the

forensic analysis results, including technicians.

B. A licensee shall deem an individual who is performing the

function of a forensic laboratory director, as set forth in this chapter,

on or before December 31, 2011, as:

(1) Meeting the qualifications of a forensic laboratory director;

and

(2) Fulfilling the duties and responsibilities of the director as

set forth in this subtitle.

C. A licensee shall deem an individual, other than the director,

who is performing the function of one or more of the required

employees, as set forth in Regulation .01 of this chapter, on or before

December 31, 2011, as:

(1) Meeting the qualifications for the designated role, position,

or title if the individual is authorized in writing by the director; and


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(2) Fulfilling the duties and responsibilities of the designated

position as set forth in this subtitle.

D. Deemed Qualification.

(1) The deemed qualification for forensic laboratory employees

as set forth in §§B and C of this regulation is limited to the specific

role or function of an individual on or before December 31, 2011.

(2) The deemed qualification of an individual in a specific role

or function as set forth in §§B and C of this regulation is permanent

and portable.

(3) If the role of an individual employed by a licensee changes,

the individual, before serving in the new role, shall:

(a) Meet the appropriate qualifications for the role as set

forth in this chapter; or

(b) From January 1, 2012, through December 31, 2018,

meet the employee qualifications established by the laboratory

director for a forensic non-Biology-DNA:

(i) Technical leader;

(ii) Quality assurance manager; or

(iii) Analyst or examiner.

(4) Sunset of Deemed Qualifications. The deemed qualification

of an individual in a specific role or function as set forth in §D(3)(b)

of this regulation:

(a) Is not permanent; and

(b) Expires on December 31, 2018.

.04 Director—Requirement.

A licensee shall employ a forensic laboratory director who:

A. Meets the qualifications set forth in this chapter; and

B. Is responsible for the overall operation and administration of

the laboratory.

.05 Director—Qualifications.

A director of a forensic laboratory shall:

A. Hold an earned master’s or doctoral degree from an accredited

institution in:

(1) Forensic science;

(2) A natural science such as chemistry, physics, or biology; or

(3) A subspecialty of a natural science such as organic

chemistry, biochemistry, or molecular biology; and

B. Have at least:

(1) 3 years of documented forensic laboratory experience; and

(2) 2 years of managerial or supervisory experience.

.06 Director—General Duties and Responsibilities.

A. A director of a forensic laboratory is responsible for the overall

operation and administration of the forensic laboratory.

B. A director of a forensic laboratory shall participate in and

actively oversee the planning, organization, direction, and review of

all laboratory operations, including but not limited to:

(1) Employing individuals who are competent to:

(a) Perform a forensic analysis; and

(b) Record and report a forensic analysis:

(i) Promptly within the priority protocols established by

the director;

(ii) Accurately; and

(iii) Proficiently; and

(2) Ensuring compliance with the requirements set forth in this

subtitle.

C. A forensic laboratory director may:

(1) If qualified, perform the duties of a:

(a) Technical leader;

(b) Quality assurance manager; and

(c) Forensic analysis employee; and

(2) Delegate a duty or responsibility set forth in this subtitle to

an employee who is qualified to carry out the delegated duty or

responsibility.

D. If a forensic laboratory director delegates the performance of

the director’s duties or responsibilities as set forth in this subtitle, the

forensic laboratory director shall ensure that the delegated duties

and responsibilities are properly performed as required by this

subtitle and Health-General Article, Title 17, Subtitle 2A, Annotated

Code of Maryland.

.07 Director—Specific Duties and Responsibilities.

A forensic laboratory director shall:

A. Be accessible to forensic laboratory employees to provide on-

site, telephonic, or electronic consultation as needed;

B. Ensure that:

(1) Forensic testing and examination systems developed and

used for each forensic analysis performed in the laboratory provide

quality laboratory services for all aspects of test and examination

performance including the pre-analytic, analytic, and post-analytic

phases of the forensic analysis;

(2) The physical plant and environmental conditions of the

forensic laboratory are appropriate for the testing performed;

(3) Forensic laboratory employees are provided a safe work

environment and are protected from physical, chemical, and

biological hazards;

(4) A forensic analysis method selected for use in the

laboratory has the capability of providing an accurate and reliable

result with known or defined uncertainty;

(5) Verification procedures used are adequate to determine the

accuracy, precision, uncertainty, and other pertinent performance

characteristics of each forensic analysis method;

(6) Forensic analysis employees perform the forensic analysis

methods as required by the laboratory’s established procedures to

assure accurate and reliable results;

(7) The forensic laboratory participates in and uses a

Department-approved proficiency testing provider as set forth in this

subtitle, for each forensic analysis the laboratory performs or offers

to perform;

(8) Received proficiency test reports are reviewed by the

appropriate forensic analysis employees to:

(a) Evaluate the laboratory’s performance; and

(b) Identify any problems which require corrective action;

(9) A corrective action plan is followed when a proficiency test

result is found to be unacceptable or unsatisfactory;

(10) Quality control, quality assurance and assessment, and

ethics and data integrity programs are established, maintained, and

followed as set forth in this subtitle;

(11) A case file is maintained for a minimum of 10 years after

the case is officially closed;

(12) Acceptable levels of analytical performance for each

forensic analysis are established and maintained;

(13) Remedial actions are taken and documented if a deviation

from the forensic laboratory’s established performance

characteristics is identified;

(14) Procedures and mechanisms are established, maintained,

and followed to preserve evidentiary sample and specimen integrity

and identity throughout the forensic analysis process;

(15) Forensic test and examination results are reported only

when the forensic analysis system is functioning properly;

(16) Reports of forensic analysis results include pertinent

information required for correct interpretation;

(17) Consultation is available to the forensic laboratory’s

clients on matters relating to the quality of the reported forensic

analysis results and interpretation;

(18) There is on-site supervision of forensic analyses and

examinations being performed;

(19) An employee has sufficient education and experience

related to the forensic analyses and examinations being performed,


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has completed the training for the type and complexity of tests and

examinations performed, and has demonstrated reliable test

performance and examination operations to provide and report

accurate results;

(20) Before performing a forensic analysis on an evidentiary

sample or specimen, an employee has demonstrated reliable and

proficient analysis and the providing and reporting of accurate results;

(21) Policies and procedures are established for monitoring the

performance of employees who conduct pre-analytical, analytical,

and post-analytical phases of the forensic analysis process to assure

that:

(a) Employees are competent and maintain competency to:

(i) Process samples and specimens;

(ii) Perform forensic tests and examinations; and

(iii) Report forensic analysis results promptly and

proficiently; and

(b) Employee needs for remedial training or continuing

education to improve skills are identified, when necessary; and

(22) A procedure manual is available to and followed by all

employees responsible for any aspect of the forensic analysis

process;

C. Employ a sufficient number of forensic laboratory employees

with the required education, experience, and training, and in

accordance with the employee responsibilities set forth in this

chapter to:

(1) Provide consultation and court testimony;

(2) Supervise the performance of forensic analyses;

(3) Collect, process, and store evidentiary samples and

specimens;

(4) Perform forensic analysis procedures; and

(5) Report forensic analysis results promptly and proficiently;

D. Establish and specify, in writing, the duties and responsibilities

of each:

(1) Consultant;

(2) Technical leader; and

(3) Individual engaged in the performance of the pre-

analytic, analytic, and post-analytic phases of a forensic analysis;

E. Identify in the written duties and responsibilities required in §D

of this regulation:

(1) What forensic tests, examinations, and procedures each

individual is authorized to perform;

(2) The competencies required to perform each forensic test,

examination, and procedure;

(3) Whether supervision is required for specimen and sample

processing, forensic analysis performance, or result reporting; and

(4) If review by a technical leader or director is required

before reporting a forensic analysis result; and

F. Have the authority to initiate, suspend, and resume forensic

analysis operations for:

(1) The laboratory; or

(2) An individual analyst or examiner.

.08 Quality Assurance Manager—Requirements.

A. A director of a forensic laboratory shall designate a qualified

individual as a quality assurance manager to be responsible for

coordinating the activities required to ensure quality forensic analysis

services.

B. A quality assurance manager may be employed full-time or

part-time as appropriate for the scope of forensic analysis services

offered or performed.

.09 Quality Assurance Manager—Qualifications.

A quality assurance manager of a forensic laboratory shall:

A. Hold an earned baccalaureate or advanced degree from an

accredited institution in:

(1) Forensic science;

(2) A natural science such as:

(a) Chemistry;

(b) Physics; or

(c) Biology; or

(3) A subspecialty of a natural science such as:

(a) Organic chemistry;

(b) Biochemistry; or

(c) Molecular biology; and

B. Complete a training program as determined by the laboratory

director.

.10 Quality Assurance Manager—Duties and Responsibilities.

A. Under the authority of the director, and operating

independently of casework, a quality assurance manager shall be

responsible for:

(1) Establishing:

(a) A comprehensive quality assessment system that includes

quality control and quality assessment programs that cover the

forensic analyses performed; and

(b) Parameters for necessary levels of performance for

forensic analyses;

(2) The overall maintenance and operation of the laboratory’s

quality assurance program; and

(3) Maintaining pertinent documentation and records of quality

assurance activities.

B. The quality assurance manager shall:

(1) Oversee the:

(a) Participation and usage of an approved proficiency test

provider commensurate with the licensed forensic analysis services;

(b) Administration of proficiency testing; and

(c) Evaluation of proficiency test results;

(2) Maintain the forensic laboratory’s quality assurance:

(a) Program; and

(b) Program manual;

(3) Evaluate instrument records for:

(a) Calibration;

(b) Validation; and

(c) Maintenance;

(4) Review:

(a) Standard operating procedures;

(b) Internal audit records;

(c) Training records;

(d) Competency records;

(e) Proficiency tests;

(f) Management reviews; and

(g) Quality assurance documentation;

(5) Ensure all methods, including new methods and

modifications to current methods, are validated;

(6) Select, train, and evaluate internal auditors;

(7) Investigate technical problems;

(8) Propose corrective or remedial actions;

(9) Verify that corrective or remedial actions:

(a) Are implemented; and

(b) Correct the identified problem;

(10) Assess the adequacy of record review activities, including

but not limited to:

(a) Reports; and

(b) Case records;

(11) Document all corrective actions taken when forensic

analysis systems and procedures deviate from the forensic

laboratory’s established performance specifications; and

(12) Maintain records that demonstrate that proficiency testing

samples are analyzed in the same manner as any other evidentiary

specimen or sample received by the forensic laboratory for forensic

analysis.


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.11 Technical Leader—Requirements.

A. If a licensee performs or offers to perform forensic analyses in

the discipline of Biology-DNA analysis, a forensic laboratory shall

have a technical leader who:

(1) Meets the qualifications set forth in this chapter; and

(2) Is responsible for the technical and scientific oversight of the

section or unit in a forensic laboratory that performs forensic analyses

for DNA.

B. Based on the scope of forensic analysis services, a licensee may

employ one or more technical leaders who:

(1) Meet the qualifications of this chapter; and

(2) Are responsible for the technical and scientific oversight of:

(a) The forensic laboratory; or

(b) A specific section or forensic science discipline in a


C. A technical leader:

(1) Is not required to be on-site in the forensic laboratory at all

times forensic analyses are performed; and

(2) Shall be:

(a) Available to forensic laboratory employees as needed to

provide technical and scientific oversight and assistance; and

(b) Accessible to forensic laboratory employees to provide

on-site, telephonic, or electronic consultation.

.12 Technical Leader—Qualifications.

A. General. Except for the discipline of Biology-DNA analysis, a

technical leader in a discipline or subdiscipline of a forensic

laboratory shall:

(1) Hold an earned baccalaureate or advanced degree from an

accredited institution in:

(a) Forensic science;

(b) A natural science such as:

(i) Chemistry;

(ii) Physics; or

(iii) Biology; or

(c) A subspecialty of a natural science such as:

(i) Organic chemistry;

(ii) Biochemistry; or

(iii) Molecular biology; and

(2) Have documented post-degree experience in the forensic

discipline or subdiscipline in which the individual will be a technical

leader, as follows:

(a) 4 years with a baccalaureate degree;

(b) 3 years with a master’s degree; or

(c) 2 years with a doctoral degree.

B. Except for Biology-DNA analysis and forensic toxicology, a

director may establish alternate qualifications for a technical leader

in a discipline or subdiscipline of a forensic laboratory if the

individual:

(1) Has 9 or more years of documented experience in the

forensic discipline or subdiscipline in which the individual will be a

technical leader; and

(2) Is able to demonstrate competency under the laboratory’s

competency procedures in the forensic discipline or subdiscipline in

which the individual will be a technical leader.

C. Forensic Toxicology. In addition to the requirements set forth

in §A of this regulation, a technical leader in the discipline of

forensic toxicology shall meet the requirements of and be certified

under COMAR 10.10.09.

D. Forensic Biology—DNA Analysis. If a forensic laboratory

performs or offers to perform tests in the discipline of forensic DNA

analysis, the technical leader shall meet the employee qualifications

for a technical leader and be authorized by the licensee to carry out

the duties and responsibilities of a technical leader, as set forth in

Quality Assurance Standards for Forensic DNA Testing

Laboratories, which is incorporated by reference.

.13 Technical Leader—Responsibilities.

A. Authority. A licensee may authorize a technical leader to

initiate, suspend, and resume a forensic analysis or forensic analyses

operations for:

(1) The laboratory, if assigned to the technical leader;

(2) The forensic analysis section or unit of the laboratory

assigned to the technical leader; or

(3) An individual in the technical leader’s assigned forensic

analysis section or unit of the laboratory.

B. A technical leader shall be responsible for:

(1) Selection of the test method, in concert with the laboratory

director, that is appropriate, depending on the type of evidence, for

forensic use and for reporting forensic analysis results;

(2) Validation of each forensic analysis procedure performed;

(3) Establishing the forensic laboratory’s forensic analysis

performance specifications, including:

(a) Precision;

(b) Accuracy; and

(c) Uncertainty of measurement, where applicable;

(4) Maintaining instrument records for:

(a) Calibration;

(b) Validation; and

(c) Maintenance;

(5) Ensuring that:

(a) The performance levels established in §B of this regulation

are maintained throughout the entire forensic analysis process:

(i) From initial receipt of the sample or specimen;

(ii) Through testing and examination; and

(iii) Through reporting of the forensic analysis results;

and

(b) Forensic analysis results are not reported until all

corrective actions have been taken and the forensic analysis system is

functioning properly;

(6) Resolving technical problems and ensuring that remedial

actions are taken whenever a forensic analysis procedure or system

deviates from the forensic laboratory’s established performance

specifications; and

(7) Re-evaluating employee performance, before reporting

forensic analysis results, to include the use of a new test method or

instrumentation when a forensic analysis method or instrumentation

changes.

.14 Forensic Analysis Employees—Requirement.

A licensee shall ensure that a forensic laboratory has a sufficient

number of individuals who meet the employee qualification

requirements of this chapter, to perform the functions set forth in this

chapter, for the volume and type of forensic tests and examinations

performed in the laboratory.

.15 Forensic Analysis Employees—Qualifications.

A. Forensic Analysis Employees—Qualifications for Toxicology

and Trace Evidence Disciplines.

(1) A forensic analyst working in toxicology or trace evidence

disciplines of a forensic laboratory shall:

(a) Possess a baccalaureate or advanced degree in a

natural science, forensic science, or a closely related field of science;

and

(b) Have successfully completed a training program in

forensic toxicology or forensic analysis of trace evidence, as

determined by the laboratory director.

(2) An individual whose degree is in a field other than a

natural science, forensic science, or a closely related field, may meet


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the educational requirements, as determined by the director and

technical leader, if the individual has:

(a) Successfully completed 12 or more semester or credit

hours of course work in biology, physics, or chemistry; and

(b) Successfully completed a training program in forensic

toxicology, or forensic analysis of trace evidence, as determined by

the laboratory director.

B. Forensic Analysis Employees—Qualifications for Controlled

Dangerous Substances. An individual performing forensic laboratory

analyses for controlled dangerous substances shall meet the pertinent

employee qualifications and certification requirements set forth in

COMAR 10.10.09.

C. Forensic Analysis Employees—Qualifications for Biology

Discipline of Forensic Science.

(1) A forensic analyst working in the biology discipline of

forensic science shall:

(a) Possess a baccalaureate or advanced degree in a


and

(b) Have successfully completed a training program in the

biology discipline of forensic science, as determined by the laboratory

director.

(2) An individual whose degree is in a field other than a

natural science, forensic science, or a closely related field, may meet

the educational requirements, as determined by the director and

technical leader, if the individual has:

(a) Taken 12 or more semester or credit hours of course

work in biology, physics, or chemistry; and

(b) At least 2 years of training in the category of forensic

analysis performed for the identification and evaluation of evidence

in criminal matters.

D. Forensic Analysis Employees—Qualifications for Forensic

DNA Analysis. A forensic analyst working in the forensic science

discipline of biology who performs a DNA analysis shall meet the

FBI standards for performing DNA analysis, as set forth in the

Quality Assurance Standards for Forensic DNA Testing

Laboratories, which is incorporated by reference.

E. Forensic Analysis Employees—Qualifications for Firearms and

Toolmarks Examinations. An individual employed by a licensee to

perform examinations of firearms and toolmarks evidence shall:

(1) Possess a baccalaureate degree in:

(a) A biological or physical science;

(b) Criminal justice;

(c) Law enforcement; or

(d) A related field; or

(2) Have successfully completed a training program, as

determined by the laboratory director and technical leader, in the

fields of:

(a) Firearms;

(b) Processing or examination of forensic evidence; and

(c) Laboratory testing of materials.

F. Forensic Analysis Employees—Qualifications for Latent

Examinations. An individual who classifies fingerprints or other

friction-ridge prints or performs impression examinations shall:

(1) Possess a high school diploma or equivalent; and

(2) Have successfully completed a training program, as determined

by the laboratory director and technical leader, including:

(a) 1 year performing duties related to:

(i) Law enforcement activities; or

(ii) Forensic laboratory services; and

(b) 1 year performing:

(i) Fingerprint classification; or

(ii) Latent examinations.

G. Forensic Analysis Employees—Qualifications for Forensic

Document Examiner. An individual employed by a licensee to

examine questioned documents or to be a forensic document

examiner shall:

(1) Possess a baccalaureate degree or advanced degree in a


(2) Have successfully completed a formal training program in

the field of forensic document examination, as determined by the

laboratory director; and

(3) Have at least 1 year of experience performing forensic

analyses for the identification and evaluation of evidence in criminal

matters.

.16 Forensic Analysis Employee Responsibilities—General.

A licensee shall ensure that:

A. A forensic analysis employee is responsible for:

(1) Specimen and sample processing;

(2) Performing forensic analyses; and

(3) Reporting forensic analysis results; and

B. An individual performs only those forensic analyses that:

(1) Are authorized by the forensic laboratory director for the

individual to perform; and

(2) Require a degree of skill commensurate with the

individual’s education, training, experience, and technical abilities.

.17 Forensic Analysis Employee Responsibilities—Specific.

Regardless of the forensic analysis category, an individual who

performs a forensic analysis shall:

A. Follow the forensic laboratory’s approved procedures for:

(1) Specimen and sample handling and processing;

(2) Performing the forensic analysis; and

(3) Reporting and maintaining records of forensic analysis

results;

B. Adhere to the forensic laboratory’s policies and procedures

for:

(1) Quality control;

(2) Quality assurance; and


C. Document all activities related to:

(1) Quality assurance;

(2) Quality control;


(4) Calibration of forensic analysis:

(a) Equipment;

(b) Instruments; and

(c) Procedures; and

(5) Performance of maintenance and repair of forensic:

(a) Equipment; and

(b) Instruments;

D. Follow the forensic laboratory’s established policies and

procedures if forensic analysis systems are not within the established

specifications for acceptable performance; and

E. Be capable of identifying a problem that may adversely affect

performance of a forensic analysis or reporting of a forensic analysis

result and either:

(1) Correct the problem; or

(2) Immediately notify the quality assurance manager and

technical leader or the director that there is a problem.

10.51.07 Sanctions


Maryland

.01 Sanctions—General.

A. Authority and Types.

(1) The Secretary may impose one or more principal or

alternative sanctions if a forensic laboratory or the laboratory’s


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director or other employees fail to meet the standards of this subtitle

and Health–General Article, Title 17, Subtitle 2A, Annotated Code of

Maryland.

(2) Principal Sanctions. The Secretary may impose the

following principal sanctions:

(a) Denial of a license;

(b) Suspension of a license; or

(c) Revocation of a license.

(3) Alternative Sanctions. Instead of or in conjunction with

withdrawing a principal sanction, the Secretary may impose one or

more of the following alternative sanctions:

(a) A directed plan of correction;

(b) Limitation on forensic analyses; or

(c) Training and technical assistance.

B. Reasons for Imposition. The Secretary may impose on a

forensic laboratory one or more sanctions if the Secretary finds:

(1) A deficiency identified through:

(a) An on-site audit; or

(b) A review of materials submitted by a forensic laboratory

that shows a problem with:

(i) Application data;

(ii) Employee qualification materials; or

(iii) Internal audits;

(2) Unsuccessful proficiency test performance;

(3) Demonstrated incompetence, such as showing consistent or

repetitive errors in:

(a) Operating forensic laboratory equipment; or

(b) Performing a forensic analysis;

(4) False statements made on an application, allegation of

compliance, or other form submitted to the Department;

(5) Misrepresentation in obtaining a license or in operating a

forensic laboratory;

(6) Submission of a sample or specimen by a forensic

laboratory inside the State to another laboratory that does not

possess a license or a waiver as set forth in this subtitle; or

(7) A violation of a law of the State pertaining to a forensic

laboratory.

C. Factors Affecting Choice of Sanctions. The Secretary shall

choose which sanctions to apply to a forensic laboratory based on,

but not limited to, the following:

(1) Whether a deficiency poses immediate jeopardy to public

safety or individual rights;

(2) The nature, incidence, severity, and duration of the

deficiency;

(3) Whether a deficiency has been identified repeatedly;

(4) Whether the Department can determine the laboratory’s

compliance due to inaccurate record keeping or the licensee’s lack of

documentation or laboratory records, including those required for

quality assurance and quality control;

(5) Failure to make records available to the Department;

(6) The relationship of one deficiency or group of deficiencies

to another deficiency;

(7) The overall compliance history of a forensic laboratory,

including but not limited to any period of noncompliance that

occurred between the Secretary’s determinations of compliance;

(8) The corrective and long-term compliance outcomes the

Secretary intends to effect through application of the sanction; and

(9) The progress a forensic laboratory has made toward regulatory

compliance following a reasonable opportunity to correct a deficiency.

D. Improper Referral of Proficiency Testing Samples. If the

Department determines that a forensic laboratory has intentionally

referred a proficiency testing sample to another laboratory for

analysis, the Secretary:

(1) Shall revoke the forensic laboratory’s license for a period

of 1 year; and

(2) May also impose one or more alternative sanctions.

E. Owning and Operating Prohibition Following Revocation. A

person who has owned, operated, or directed a forensic laboratory

that has had the laboratory’s license revoked may not, within 1 year

of the revocation, apply for a license for or own, operate, or direct a


.02 Sanctions—Departmental Actions.

A. Deficiency Posing Immediate Jeopardy.

(1) If a forensic laboratory’s deficiency poses immediate

jeopardy to public safety or individual rights, the Secretary shall take

one or more of the actions listed in §A(2) and (3) of this regulation.

(2) Initial Actions. When a deficiency involving immediate

jeopardy is first identified, the Secretary shall:

(a) Require the forensic laboratory to take immediate action

to remove the jeopardy; and

(b) Impose:

(i) A principal sanction after giving the forensic

laboratory at least 24 hours’ notice; or

(ii) One or more alternative sanctions.

(3) Follow-up Actions. If the Department finds, in a follow-up

audit of a forensic laboratory under an alternative sanction, that the

forensic laboratory has not eliminated the immediate jeopardy, the

Secretary shall impose a principal sanction after giving the forensic

laboratory at least 24 hours’ notice.

B. Deficiency Not Posing Immediate Jeopardy.

(1) If a forensic laboratory’s deficiency does not pose

immediate jeopardy to personal or public safety, the Secretary may

take one or more of the actions listed in §B(2)—(4) of this regulation.

(2) Initial Actions. When a deficiency is first identified, the

Secretary may impose one or more alternative sanctions or a

principal sanction.

(3) Unsuccessful Proficiency Testing Participation. If a

forensic laboratory exhibits unsuccessful proficiency testing, as set

forth in this subtitle, the Secretary may impose the training and

technical assistance requirements set forth in Regulation .04 of this

chapter as a directed plan of correction, as well as any other

sanction.

(4) Follow-up Actions. If the Department finds in a follow-up

audit, that a forensic laboratory has not initiated a corrective action

for a deficiency within 30 days after the deficiency was identified, the

Secretary may:

(a) Impose, or continue if already imposed, one or more

sanctions;

(b) Conduct one or more on-site audits to evaluate progress

in the correction of a deficiency; and

(c) Conduct an additional follow-up on-site audit to

determine whether all corrections have been made.

C. Duration of a Sanction. A sanction shall remain in force until:

(1) A forensic laboratory corrects the deficiency; or

(2) A forensic laboratory’s license is revoked.

D. Withdrawal of a Sanction.

(1) General. The Secretary may not withdraw a sanction until

the Secretary verifies regulatory compliance with this subtitle.

(2) Credible Allegation of Compliance. When a sanctioned

forensic laboratory submits a credible allegation of compliance, the

Secretary may determine compliance through one or more of the

following ways:

(a) On the basis of the evidence submitted by the forensic

laboratory in the allegation; or

(b) A follow-up audit to verify whether the forensic

laboratory has achieved compliance.

(3) If a forensic laboratory does not correct all deficiencies

within 30 days after imposition of a sanction, the Secretary may

initiate action to suspend or revoke the license.


297


.03 Principal Sanctions—Departmental Actions.

A. Hearing Requirement.

(1) Except when the Secretary finds that a danger to public

safety imperatively requires that emergency action be taken to

correct a deficiency, the Secretary shall inform the licensee in

writing:

(a) If a suspension or revocation of the licensee’s license

takes effect;

(b) The reason for the suspension or revocation; and

(c) That the licensee has an opportunity for a hearing on the

matter before the suspension or revocation takes effect, as provided

in State Government Article, §10-226, Annotated Code of Maryland.

(2) If the Secretary finds a condition that imperatively requires

emergency or immediate action to preserve public safety or

individual rights, the Secretary shall inform the licensee in writing:

(a) When a suspension or revocation of the licensee’s

license takes effect;

(b) The reason for the suspension or revocation; and

(c) That the licensee has an opportunity for a hearing on the

matter, as provided in State Government Article, §10-226, Annotated

Code of Maryland, after the suspension or revocation.

B. Notice.

(1) Contents. In cases involving a principal sanction, the

Secretary shall give written notice to a licensee of the:

(a) Deficiency identified;

(b) Sanction proposed for imposition;

(c) Reason for the proposed sanction;

(d) Projected effective date and duration of the proposed

sanction;

(e) Authority for the proposed sanction; and

(f) Time allowed for a forensic laboratory to respond to the

notice.

(2) Opportunity to Respond. During the time allowed and

stated in the written notice, a forensic laboratory may submit to the

Secretary written evidence or other information against imposition of

the proposed sanction or sanctions.

(3) Notice Times.

(a) If a deficiency is found that imperatively requires

emergency or immediate action, the Secretary shall provide notice at

least 24 hours before the effective date of the sanction, unless

conditions warrant immediate suspension.

(b) If a deficiency is found to warrant a principal sanction,

but does not imperatively require emergency or immediate action, the

Secretary shall provide notice at least 10 days before the effective

date of sanction.

(4) To preserve a right to a hearing, a licensee shall request a

hearing within 10 days of the licensee’s receipt of the notice of the

pending sanction.

.04 Enforcement Procedures—Proficiency Testing.

A. Application. If a forensic laboratory’s performance in

proficiency testing is unsatisfactory, as set forth in this subtitle, the

Secretary may require the forensic laboratory to undertake the

directed plan of correction of training the forensic laboratory

employees or obtaining technical assistance, or both, in order to meet

the proficiency testing requirements of this subtitle.

B. Procedures. A forensic laboratory required to undertake

training of employees or to obtain necessary technical assistance

shall:

(1) Document the training or assistance, or both, using a form

provided by the Department; and

(2) Submit the completed form to the Department.

.05 Departmental Action—Reporting Erroneous Test Results.

A. If the Department determines that a licensee has reported an

erroneous test result that threatens the safety or rights of an

individual, the Secretary may order the licensee, within a specified

period of time, to:

(1) Give prompt notice of the erroneous test result to:

(a) The person who ordered the forensic analysis be

performed;

(b) Any other person to whom the forensic laboratory has

previously sent a report that contained the erroneous test result;

(c) The Office of Public Defender or counsel of record; and

(d) The State’s Attorney;

(2) Provide corrected reports to the persons notified in §A(1) of

this regulation;

(3) Maintain a duplicate copy of both the original report and

the corrected report;

(4) Conduct a quality assessment of all phases of the testing or

examination process to determine the cause of the erroneous forensic

analysis test result;

(5) Take the necessary remedial or corrective action to prevent

recurrence of the problem; and

(6) Take any additional measures necessary to reduce or

eliminate the threat to public safety or individual rights.

B. Civil Money Penalty for Failure to Comply with Order.

(1) A forensic laboratory that fails to comply with an order

issued by the Secretary under §A of this regulation is subject to a

civil money penalty of up to $1,000 for each day of noncompliance,

up to a maximum of $50,000.

(2) The Secretary may impose the civil money penalty instead

of, or in addition to, any other sanction imposed under this chapter.

C. Notice and Hearing.

(1) Notice. Before the Secretary imposes a civil money penalty

for noncompliance as provided in §B of this regulation, the Secretary

shall give written notice to a licensee:

(a) Of the intent to impose a civil money penalty; and

(b) That the licensee has an opportunity for a hearing on the

matter before the civil money penalty is imposed.

(2) Content. The Secretary shall give written notice to the licensee

of the:

(a) Reason for the imposition of the civil money penalty;

(b) Amount of the civil money penalty;

(c) Effective date of the imposition of the civil money

penalty;

(d) Time allowed for the licensee to respond to the notice;

and

(e) Authority for imposing the civil money penalty.

(3) Opportunity to Respond. During the time allowed and

stated in the written notice from the Secretary, the licensee may

submit to the Secretary written evidence or other information to

support the position that the licensee has not violated the

requirements of this subtitle or Health-General Article, Title 17,

Subtitle 2A, Annotated Code of Maryland.

(4) To preserve the right to a hearing, the licensee shall request

a hearing within 10 days of receipt of the notice of the Secretary’s

intent to impose the civil money penalty.

D. Factors to Be Considered in the Assessment of Penalties. In

cases in which the Secretary determines that the imposition of a civil

money penalty is appropriate, the Secretary shall consider the

following factors in determining the amount of the penalty:

(1) The extent to which the licensee derived any financial or

other benefit from reporting erroneous forensic analysis results;

(2) The willfulness on the part of the licensee to violate this

subtitle or Health-General Article, Title 17, Subtitle 2A, Annotated

Code of Maryland;

(3) The extent of actual or potential harm caused by the

reporting of erroneous forensic analysis results;

(4) The cost of investigating and prosecuting the case against

the licensee;


298


(5) The licensee’s history of previous failure to meet the

standards of this subtitle; and

(6) The existence of mitigating factors.



Title 14

INDEPENDENT AGENCIES

Subtitle 01 STATE LOTTERY AGENCY

14.01.01 Introduction

Authority: State Government Article, §9-1A-01, Annotated Code of Maryland


[12-069-P]

The Maryland State Lottery Agency proposes to amend

Regulation .02 under COMAR 14.01.01 Introduction. This action

was considered at the Maryland State Lottery Commission open

meeting held on December 15, 2011, notice of which was given

pursuant to State Government Article, §10-506(c), Annotated Code

of Maryland.


The purpose of this action is to update VLT regulations to

incorporate provisions required for the operation of the State‘s Video

Lottery Terminal program and for the VLT facilities which are now

open and in the process of opening.







businesses.




Comments may be sent to Robert W. Howells, Regulations

Coordinator, Maryland State Lottery Agency, 1800 Washington

Blvd., Suite 330, Baltimore, MD 21230, or call 410-230-8789, or




.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (27) (text unchanged)

(28) Video Lottery Terminal.

(a) — (b) (text unchanged)

(c) ―Video lottery terminal‖ includes each single player

position or seat available for use by a player.

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

STEPHEN L. MARTINO

Director

Maryland State Lottery Agency

Subtitle 01 STATE LOTTERY AGENCY


[12-068-P]

The Maryland State Lottery Agency proposes to:

(1) Amend Regulation .03 under COMAR 14.01.13 Facility

Standards;

(2) Amend Regulations .17 and .47 under COMAR 14.01.14

Video Lottery Facility Minimum Internal Control Standards; and

(3) Amend Regulations .03, .04, .08, and .09 and adopt new

Regulation .11 under COMAR 14.01.16 Voluntary Exclusion and

Responsible Gaming.

This action was considered at the Maryland State Lottery

Commission open meeting held on December 15, 2011, notice of

which was given pursuant to State Government Article, §10-506(c),

Annotated Code of Maryland.


The purpose of this action is to update existing VLT regulations to

incorporate provisions required for the operation of the State‘s Video

Lottery Terminal program and for the VLT Facilities which are now

open and in the process of opening.







businesses.




Comments may be sent to Robert W. Howells, Regulations

Coordinator, Maryland State Lottery Agency, 1800 Washington

Blvd., Suite 330, Baltimore, MD 21230, or call 410-230-8789, or




14.01.13 Facility Standards

Authority: State Government Article, Title 9, Subtitle 1A, Annotated Code of

Maryland

.03 Facility Design Standards.

A. A facility operator shall, at its own expense, construct its

facility in accordance with specifications established by the

Commission, including:

(1) Computer space for the central monitor and control system

contractor that is:


(c) Secured with a key or alternative locking mechanism

maintained and controlled by [the security department]

representatives of the Commission and central monitor

and control system operator in accordance with this

subtitle;

(d) — (e) (text unchanged)


B. (text unchanged)


299


14.01.14 Video Lottery Facility Minimum

Internal Control Standards

Authority: State Government Article, Title 9, Subtitle 1A, Annotated Code of

Maryland

.17 Access to Central Monitor and Control System Equipment.

A. (text unchanged)

B. At least 10 days before video lottery terminal operations are to

commence, [a facility operator shall submit to the Commission for

review and written approval a list of individuals authorized to have

access to the segregated area containing central monitor and control

system equipment] the Commission shall issue to the facility operator

a list of individuals that it has approved to have access to the central

monitor and control system equipment under State Government

Article, §9-1A-02(c)(5), Annotated Code of Maryland.

[C.] (proposed for repeal)

[D.] C. — [E.] D. (text unchanged)

E. Central monitor and control system equipment may be accessed

by:

(1) An individual on the list described under §B of this

regulation;

(2) A compliance agent of the Commission; and

(3) Commission staff authorized by the Director.

F. The facility operator‘s internal controls shall require:

(1) All keys which access the segregated area where the central

monitor and control system equipment resides to be maintained by

representatives of the:

(a) [Maintained and controlled by the facility operator‘s

security department] Commission; and

(b) [Issued by the security department to permit access by an

individual included on the Commission-approved access list

maintained under §B of this regulation only after notification to the:

(i) Director of security or a security department shift

manager;

(ii) Surveillance monitor room; and

(iii) The Commission] Central monitor and control

system operator; and

[(2) Maintenance of an entry log for the segregated area where

the central monitor and control system equipment resides which is:

(a) Kept inside the segregated area in a book with bound

numbered pages that cannot be readily removed; and

(b) Utilized by an individual entering the segregated area to

record the:

(i) Date and time of entering;

(ii) Entering individual‘s name and department or

affiliation;

(iii) Reason for entering;

(iv) Name of the individual authorizing the individual‘s

entry into the segregated area; and

(v) Date and time of exiting; and]

[(3)] (2) An individual requiring access to the segregated area

where the central monitor and control system equipment resides who

is not included on the Commission-approved access list maintained

under §B of this regulation to be:

(a) Authorized by the Commission; [and]

(b) At all times, [Escorted] escorted by a [security

department employee.] Commission compliance agent, or

Commission staff authorized by the Director; and

(c) Reported in the entry log maintained in accordance with

§G(2) of this regulation.

G. The Commission shall maintain an entry log for the segregated

area where the central monitor and control system equipment resides

which is:

(1) Kept inside the segregated area in a book with bound

numbered pages that cannot be readily removed; and

(2) Utilized by an individual entering the segregated area to

record:

(a) Date and time of entering;

(b) Entering individual’s name and department or

affiliation;

(c) Reason for entering;

(d) Name of the individual authorizing the individual’s entry

into the segregated area; and

(e) Date and time of exiting.

.47 Signs.

A. (text unchanged)

B. A facility operator shall post signs containing the following

[messages] message in a conspicuous location not more than 20 feet

from each customer entrance and exit to the facility:

[(1) ―Maryland law requires an individual to be 21 years of age

or older in order to enter the gaming floor or play video lottery

terminals‖;

(2)] ―An individual, including an off duty officer or agent of a

local, state, or federal law enforcement agency, may not possess a

weapon or other device designed to be used to inflict pain or cause

injury in [name of facility] without the prior written approval of the

Maryland Lottery Commission‖[; and

(3) A sign to be specified by the Commission displaying a

message and a contact number for use by problem gamblers].

C. A facility operator shall post signs [containing the messages in

§B(1) and (3) of this regulation:

(1) Within 5 feet of an automated teller machine or ticket

redemption unit; and

(2) At reasonable intervals at the cashiers‘ cage and any

satellite cage] required under COMAR 14.01.16.

14.01.16 Voluntary Exclusion and Responsible

Gaming

Authority: State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland

.03 Application for Voluntary Exclusion.

A. An application for voluntary exclusion shall be available at

each licensed video lottery facility [and on the Commission‘s

website] upon request of Commission staff.

B. An individual may request to be excluded from a video lottery

facility in the State by[:

(1) Completing an application for voluntary exclusion on a

form designated by the Commission; and

(2) Submitting the] submitting a completed application form

to[:

(a) The] Commission staff [; or

(b) A facility operator].

[C.] (proposed for repeal)

[D.] C. — [E.] D. (text unchanged)

.04 [Mandatory] Voluntary Surrender.

A. An individual who [receives notice of being] applies to be

placed on the voluntary exclusion list [shall immediately surrender to

the Commission all unredeemed items with monetary value that the

individual has received from a facility] may contractually agree to[.


300


B. For the items that the individual surrenders under §A of this

regulation, the Commission shall]:

(1) Redeem or liquidate [the] all unredeemed items [at by the]

with monetary value that the individual has received from a facility

[from which they were received and]; and

(2) [Transfer] Designate that the proceeds of the redeemed

items be contributed to the Problem Gambling Fund established

under State Government Article, §9-1A-33(b), Annotated Code of

Maryland.

.08 Enforcement.

[A.] (proposed for repeal)

[B.] A facility operator shall [report] immediately notify the

Commission if an individual on the voluntary exclusion list is found

on the premises of the facility.

[C.] B. A facility operator shall not:


(3) Disclose information about individuals on the voluntary

exclusion list beyond the disclosures that are authorized under

Regulation [.05C] .07C of this chapter.

.09 Responsible Gaming Plan.

A. A facility shall establish a responsible gaming plan that sets

forth the facility‘s plan for addressing problem gambling at the

facility that shall include at least the following elements of the plan:


(7) Means of educating players about:


(c) Voluntary exclusion; [and]

(8) Placement of responsible gambling awareness materials in

the facility as required under regulation .11 of this chapter; and

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

B. — .D. (text unchanged)

.11 Requirements.

A. In addition to the terms defined in COMAR 14.01.10 and

14.01.12, which have the same meaning in this chapter, in this

regulation the following terms have the meanings indicated.

(1) ―Advertisement‖ means any material that is:

(a) Disseminated to the public through broadcasting,

publication, mail, or any other means; and

(b) Intended to encourage video lottery terminal play.

(2) ―Gambling assistance message‖ means the phrase ―Please

play responsibly. For help visit mdgamblinghelp.org or call 1-800-

522-4700‖.

(3) ―Billboard advertisement‖ means a roadside sign, aviation

banner or event banner that is intended to encourage video lottery

terminal play.

(4) ―Printed advertisement‖ means an advertisement that

appears in or on a sign, direct mailing, poster, brochure, or other

written material and is intended to encourage video lottery terminal

play.

(5) ―Responsible gambling awareness materials‖ means a

sticker, brochure, wallet card, or other material that conveys only

problem gambling resource information.

(6) ―Underage warning message‖ means the phrase ―No

person under the age of 21 is permitted on the casino floor‖.

B. A facility operator shall:

(1) Post signage approved by the Commission that prominently

bears the gambling assistance message and the underage warning

message at each customer entrance and exit of the gaming floor;

(2) Include the gambling assistance message on an

advertisement that is intended to encourage video lottery terminal

play at its facility;

(3) Ensure that a printed advertisement bears the gambling

assistance message and meets requirements of COMAR 14.01.11.08;

(4) Ensure that a billboard bearing a printed advertisement

bears the gambling assistance message and meets requirements of

COMAR 14.01.11.08;

(5) Ensure that a radio, television, or video advertisement

bears the gambling assistance message and meets requirements of

COMAR 14.01.11.08;

(6) Ensure that the gambling assistance message is printed on

a paper product that is associated with player consumption of food or

beverage if the paper product is:

(a) Special ordered; and

(b) Branded with the facility’s logo;

(7) Ensure that the gambling assistance message is printed on

ticket stock; and

(8) Place in the facility responsible gambling awareness

materials according to its responsible gaming plan required under

Regulation .09 of this chapter.

STEPHEN L. MARTINO

Maryland State Lottery Agency

301


Errata

COMAR 08.18.39 At 39:2 Md. R. 140 (January 27, 2012), column 2, line 2 from the

bottom:

For: new Regulation .01 under COMAR 08.18.39

Chesapeake and

Read: new Regulation .01 under a new chapter, COMAR

08.18.39 Chesapeake and

[12-03-32]

COMAR 09.39.01 At 39:2 Md. R. 158 (January 27, 2012), col. 1, line 12 from the

top:

For: 09.39.01 Fees, under a new subtitle, Subtitle .08

Commission of

Read: 09.39.01 Fees, under a new subtitle, Subtitle .39

Commission of

[12-03-29]

COMAR 09.40.01 At 39:2 Md. R. 159 (January 27, 2012), column 1, line 1 from the

top:

For: Subtitle 40 LOCKSMITHS

Read: Subtitle 40 LOCKSMITHS

At 39:2 Md. R. 159 (January 27, 2012), column 1, lines 7—9 from

the top:

For: The Secretary of Labor, Licensing, and Regulation

proposes to adopt new Regulations .01 and .02 under a

new chapter, COMAR 09.40.01 Fees.

Read: The Secretary of Labor, Licensing, and Regulation

proposes to adopt new Regulations .01 and .02 under a

new chapter, COMAR 09.40.01 Fees, under a new

subtitle, Subtitle 40 Locksmiths.

[12-03-30]

302


Special Documents

DEPARTMENT OF THE

ENVIRONMENT

SUSQUEHANNA RIVER BASIN

COMMISSION Projects Approved for Consumptive Uses of Water

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

SUMMARY: This notice lists the projects approved by rule by the

Susquehanna River Basin Commission during the period set forth in

―DATES.‖

DATE: October 1, 2011, through December 31, 2011.

ADDRESS: Susquehanna River Basin Commission, 1721 North

Front Street, Harrisburg, PA 17102-2391.

FOR FURTHER INFORMATION CONTACT: Richard A. Cairo,

General Counsel, telephone: (717) 238-0423, ext. 306; fax: (717)

238-2436; e-mail: [email protected] or Stephanie L. Richardson,

Secretary to the Commission, telephone: (717) 238-0423, ext. 304;

fax: (717) 238-2436; e-mail: [email protected]. Regular mail

inquiries may be sent to the above address.

SUPPLEMENTARY INFORMATION: This notice lists the

projects, described below, receiving approval for the consumptive use

of water pursuant to the Commission‘s approval by rule process set

forth in 18 CFR §806.22(f) for the time period specified above:

Approvals By Rule Issued Under 18 CFR §806.22(f):

Citrus Energy Corp, Pad ID: Reimiller 1, ABR-201110001,

Meshoppen Township, Wyoming County, Pa.; Consumptive Use

of up to 5.000 mgd; Approval Date: October 6, 2011.

Citrus Energy Corp, Pad ID: Mattocks 1, ABR-201110002,

Washington Township, Wyoming County, Pa.; Consumptive Use


Citrus Energy Corp, Pad ID: McConnell 1, ABR-201110003,

Tunkhannock Township, Wyoming County, Pa.; Consumptive Use


Chesapeake Appalachia, LLC, Pad ID: Laurel, ABR-201110004,

Overton Township, Bradford County, Pa.; Consumptive Use of up

to 7.500 mgd; Approval Date: October 11, 2011.

Chesapeake Appalachia, LLC, Pad ID: Brule, ABR-201110005,

Elkland Township, Sullivan County, Pa.; Consumptive Use of up


Seneca Resources Corporation, Pad ID: DCNR 100 Pad A, ABR-

201110006, McIntyre Township, Lycoming County, Pa.;

Consumptive Use of up to 4.000 mgd; Approval Date: October 11,

2011.

Chief Oil & Gas LLC, Pad ID: Squier B Drilling Pad #1, ABR-

201110007, Springville Township, Susquehanna County, Pa.;


2011.

Chief Oil & Gas LLC, Pad ID: Bouse Drilling Pad #1, ABR-

201110008, Monroe Township, Bradford County, Pa.;


2011.

SWEPI LP, Pad ID: Chappell 855, ABR-201110009, Middlebury

Township, Tioga County, Pa.; Consumptive Use of up to

4.000 mgd; Approval Date: October 13, 2011.

EQT Production Company, Pad ID: COP 63 Hogback, ABR-

201110010, Pine and Huston Townships, Clearfield County, Pa.;


2011.

Chesapeake Appalachia, LLC, Pad ID: Falconero, ABR-201110011,

Forkston Township, Wyoming County, Pa.; Consumptive Use of

up to 7.500 mgd; Approval Date: October 20, 2011.

Seneca Resources Corporation, Pad ID: DCNR 007 Pad H, ABR-

201110012, Delmar Township, Tioga County, Pa.; Consumptive

Use of up to 4.000 mgd; Approval Date: October 20, 2011.

Seneca Resources Corporation, Pad ID: Gamble Pad A, ABR-

201110013, Gamble Township, Lycoming County, Pa.;


2011.

Cabot Oil & Gas Corporation, Pad ID: LippincottF P1, ABR-

201110014, Brooklyn Township, Susquehanna County, Pa.;


2011.

Cabot Oil & Gas Corporation, Pad ID: EllsworthA P1, ABR-

201110015, Dimock Township, Susquehanna County, Pa.;


2011.

Chesapeake Appalachia, LLC, Pad ID: Donovan, ABR-201110016,

Ulster Township, Bradford County, Pa.; Consumptive Use of up to


Carrizo Marcellus, LLC, Pad ID: Henninger Pad, ABR-201110017,

Jessup Township, Susquehanna County, Pa.; Consumptive Use of


Cabot Oil & Gas Corporation, Pad ID: WilliamsD P1, ABR-

201110018, Brooklyn Township, Susquehanna County, Pa.;


2011.

Energy Corporation of America, Pad ID: Coldstream Affiliates B,

ABR-201110019, Goshen Township, Clearfield County, Pa.;


2011.

Chesapeake Appalachia, LLC, Pad ID: Gardner, ABR-201110020,

Albany Township, Bradford County, Pa.; Consumptive Use of up


Chesapeake Appalachia, LLC, Pad ID: Alkan, ABR-201110021,

Wilmot Township, Bradford County, Pa.; Consumptive Use of up


Chesapeake Appalachia, LLC, Pad ID: Nicholson, ABR-201110022,

Nicholson Township, Wyoming County, Pa.; Consumptive Use of


Talisman Energy USA Inc., Pad ID: 02 155 Mountain Run Hunting

Club, ABR-20111023, Union Township, Tioga County, Pa.;


2011.

Talisman Energy USA Inc., Pad ID: 03 125 Stiles D, ABR-

20111024, Columbia Township, Bradford County, Pa.;


2011.

Talisman Energy USA Inc., Pad ID: 03 126 Stiles D, ABR-

20111025, Columbia Township, Bradford County, Pa.;


2011.

Enerplus Resources (USA) Corporation, Pad ID: Winner 6 Well Pad,

ABR-201110026, East Keating Township, Clinton County, Pa.;

SPECIAL DOCUMENTS

303



2011.

EOG Resources, Inc., Pad ID: PHC Pad AA, ABR-201110027,

Goshen Township, Clearfield County, Pa.; Consumptive Use of up


EOG Resources, Inc., Pad ID: KINGSLEY 5HA/6HA Pad, ABR-

201110028, Springfield Township, Bradford County, Pa.;


2011.

EOG Resources, Inc., Pad ID: GHFC Pad B, ABR-201110029,

Lawrence Township, Clearfield County, Pa.; Consumptive Use of


EOG Resources, Inc., Pad ID: GHFC Pad A, ABR-201110030,

Lawrence Township, Clearfield County, Pa.; Consumptive Use of


EOG Resources, Inc., Pad ID: ASHBY Pad, ABR-201110031,

Athens Borough, Bradford County, Pa.; Consumptive Use of up to


EOG Resources, Inc., Pad ID: WALLACE Pad, ABR-201110032,

Smithfield Township, Bradford County, Pa.; Consumptive Use of


EOG Resources, Inc., Pad ID: WOLFE Pad, ABR-201110033,



EOG Resources, Inc., Pad ID: PRUYNE 1H Pad, ABR-201110034,



Chesapeake Appalachia, LLC, Pad ID: Cook, ABR-201111001,

Rush Township, Susquehanna County, Pa.; Consumptive Use of

Up to 7.500 mgd; Approval Date: November 4, 2011.

Chesapeake Appalachia, LLC, Pad ID: Gestewitz, ABR-201111002,

North Towanda Township, Bradford County, Pa.; Consumptive

Use of Up to 7.500 mgd; Approval Date: November 8, 2011.

Chesapeake Appalachia, LLC, Pad ID: Knapp, ABR-201111003,

Burlington Township, Bradford County, Pa.; Consumptive Use of


Range Resources – Appalachia, LLC, Pad ID: Bobst Unit #34H-

#37H, ABR-201111004, Cogan House Township, Lycoming

County, Pa.; Consumptive Use of Up to 5.000 mgd; Approval

Date: November 10, 2011.

Range Resources – Appalachia, LLC, Pad ID: Sechrist, Mark - #1H-

#3H, ABR-201111005, Anthony Township, Lycoming County,

Pa.; Consumptive Use of Up to 5.000 mgd; Approval Date:

November 10, 2011.

Range Resources – Appalachia, LLC, Pad ID: Red Bend B Unit

#1H-#8H, ABR-201111006, Cogan House Township, Lycoming



Range Resources – Appalachia, LLC, Pad ID: Red Bend C Unit

#1H-#5H, ABR-201111007, Cogan House Township, Lycoming



Tenaska Resources, LLC, Pad ID: Traub Pad A, ABR-201111008,

Abbott Township, Potter County, Pa.; Consumptive Use of Up to

4.999 mgd; Approval Date: November 10, 2011.

Chesapeake Appalachia, LLC, Pad ID: Coyle, ABR-201111009,

Albany Township, Bradford County, Pa.; Consumptive Use of Up

to 7.500 mgd; Approval Date: November 14, 2011.

Chesapeake Appalachia, LLC, Pad ID: Richard, ABR-201111010,

Rush Township, Susquehanna County, Pa.; Consumptive Use of


Chesapeake Appalachia, LLC, Pad ID: Rossi, ABR-201111011,

Litchfield Township, Bradford County, Pa.; Consumptive Use of


Chesapeake Appalachia, LLC, Pad ID: Bartholomew, ABR-

201111012, Franklin Township, Bradford County, Pa.;

Consumptive Use of Up to 7.500 mgd; Approval Date:

November 14, 2011.

Pennsylvania General Energy Co. LLC, Pad ID: COP Tract 293 Pad

H, ABR-201111013, Cummings Township, Lycoming County,


November 14, 2011.


I, ABR-201111014, Cummings Township, Lycoming County, Pa.;


November 14, 2011.


B, ABR-201111015, Cummings Township, Lycoming County,


November 14, 2011.

Chief Oil & Gas LLC, Pad ID: Madigan Farms A Drilling Pad #1,

ABR-201111016, Burlington Township, Bradford County, Pa.;


November 14, 2011.

Chesapeake Appalachia, LLC, Pad ID: Lines, ABR-201111017,

Monroe Township, Bradford County, Pa.; Consumptive Use of up


Chesapeake Appalachia, LLC, Pad ID: Robbins, ABR-201111018,

Ulster Township, Bradford County, Pa.; Consumptive Use of up to


Chesapeake Appalachia, LLC, Pad ID: Williamson, ABR-

201111019, Smithfield Township, Bradford County, Pa.;

Consumptive Use of up to 7.500 mgd; Approval Date:

November 14, 2011.

Chesapeake Appalachia, LLC, Pad ID: Dulcey, ABR-201111020,

Wilmot Township, Bradford County, Pa.; Consumptive Use of up


Chesapeake Appalachia, LLC, Pad ID: Eagle Rock, ABR-

201111021, Cherry Township, Sullivan County, Pa.; Consumptive

Use of up to 7.500 mgd; Approval Date: November 15, 2011.

Chesapeake Appalachia, LLC, Pad ID: Krise, ABR-201111022,

Leroy Township, Bradford County, Pa.; Consumptive Use of up to


Cabot Oil & Gas Corporation, Pad ID: WellsP P1, ABR-201111023,

Bridgewater Township, Susquehanna County, Pa.; Consumptive

Use of up to 3.575 mgd; Approval Date: November 15, 2011.

Chief Oil & Gas LLC, Pad ID: Beirne Green Hills Farms A Drilling

Pad #1, ABR-201111024, Asylum Township, Bradford County,


November 18, 2011.

Chesapeake Appalachia, LLC, Pad ID: Gregerson, ABR-201111025,

Auburn Township, Susquehanna County, Pa.; Consumptive Use of

up to 7.500 mgd; Approval Date: November 21, 2011.

Chesapeake Appalachia, LLC, Pad ID: North40, ABR-201111026,



Chesapeake Appalachia, LLC, Pad ID: LW, ABR-201111027,

Cherry Township, Sullivan County, Pa.; Consumptive Use of up to


Chesapeake Appalachia, LLC, Pad ID: Bodolus, ABR-201111028,



Williams Production Appalachia LLC, Pad ID: Hartle Pad Site,

ABR-201111029, Cooper Township, Clearfield County, Pa.;


November 23, 2011.

Seneca Resources Corporation, Pad ID: DCNR 007 Pad K 49V,

ABR-201111030, Delmar Township, Tioga County, Pa.;

SPECIAL DOCUMENTS

304



November 23, 2011.

Chief Oil & Gas LLC, Pad ID: Nelson Drilling Pad #1, ABR-

201111031, Forks Township, Sullivan County, Pa.; Consumptive


Southwestern Energy Production Company, Pad ID: INNES, ABR-

201111032, New Milford Borough, Susquehanna County, Pa.;


November 28, 2011.

Southwestern Energy Production Company, Pad ID:

WHENGREEN, ABR-201111033, Lenox Township, Susquehanna



Cabot Oil & Gas Corporation, Pad ID: HessR P1, ABR-201111034,

Dimock Township, Susquehanna County, Pa.; Consumptive Use of


Inflection Energy, LLC, Pad ID: Nature Boy #1V, ABR-201111035,

Upper Fairfield Township, Lycoming County, Pa.; Consumptive


Inflection Energy, LLC, Pad ID: Ultimate Warrior #2H, ABR-

201111036, Upper Fairfield Township, Lycoming County, Pa.;


November 30, 2011.

Inflection Energy, LLC, Pad ID: Stunner #1V, ABR-201111037,

Gamble and Eldred Townships, Lycoming County, Pa.;


November 30, 2011.

EXCO Resources (PA), LLC, Pad ID: Farnsworth Unit 1H Pad,

ABR-201111038, Franklin Township, Lycoming County, Pa.;


November 30, 2011.

Williams Production Appalachia, LLC, Pad ID: HDK Pad, ABR-

201112001, Franklin Township, Susquehanna County, Pa.;


December 6, 2011.

Cabot Oil & Gas Corporation, Pad ID: KielarD P1, ABR-

201112002, Lathrop Township, Susquehanna County, Pa.;


December 6, 2011.

Cabot Oil & Gas Corporation, Pad ID: Jeffers Farms P1, ABR-

201112003, Lenox Township, Susquehanna County, Pa.;


December 6, 2011.

Cabot Oil & Gas Corporation, Pad ID: ZuppK P1, ABR-201112004,

Lenox Township, Susquehanna County, Pa.; Consumptive Use of

Up to 3.575 mgd; Approval Date: December 6, 2011.

Southwestern Energy Production Company, Pad ID: SKELLY,

ABR-201112005, New Milford Township, Susquehanna County,


December 6, 2011.

Southwestern Energy Production Company, Pad ID: TNT 1

LIMITED PARTNERSHIP, ABR-201112006, New Milford

Township, Susquehanna County, Pa.; Consumptive Use of Up to

4.999 mgd; Approval Date: December 6, 2011.

Enerplus Resources (USA) Corporation, Pad ID: Dutch Run Camp 1

Well Pad, ABR-201112007, West Keating Township, Clinton


Date: December 6, 2011.

Anadarko E&P Company LP, Pad ID: Stephen M Sleboda Pad A,

ABR-201112008, Cascade Township, Lycoming County, Pa.;


December 6, 2011.

Chief Oil & Gas, LLC, Pad ID: Kingsley B Drilling Pad #1, ABR-

201112009, Monroe Township, Bradford County, Pa.;


December 7, 2011.

Chief Oil & Gas, LLC, Pad ID: Lucarino Drilling Pad #1, ABR-

201112010, Wilmot Township, Bradford County, Pa.;


December 7, 2011.

Energy Corporation of America, Pad ID: COP 325 A, ABR-

201112011, Girard Township, Clearfield County, Pa.;


December 8, 2011.

Carrizo (Marcellus), LLC, Pad ID: Karthaus CK-19, ABR-

201112012, Covington Township, Clearfield County, Pa.;


December 9, 2011.

Carrizo (Marcellus), LLC, Pad ID: CK-21, ABR-201112013,

Karthaus Township, Clearfield County, Pa.; Consumptive Use of


Talisman Energy USA Inc., Pad ID: 01 097 Terrel L, ABR-

201112014, Troy Township, Bradford County, Pa.; Consumptive

Use of Up to 6.000 mgd; Approval Date: December 12, 2011.

Talisman Energy USA Inc., Pad ID: 01 095 Terrel L, ABR-

201112015, Troy Township, Bradford County, Pa.; Consumptive


Talisman Energy USA Inc., Pad ID: 01 091 Hoherchak J, ABR-

201112016, Armenia Township, Bradford County, Pa.;


December 12, 2011.

Talisman Energy USA Inc., Pad ID: 01 088 McClellan, ABR-

201112017, Canton Township, Bradford County, Pa.;


December 13, 2011.

Seneca Resources Corporation, Pad ID: DCNR 007 Pad K, ABR-



Chesapeake Appalachia, LLC, Pad ID: Bucks Hill, ABR-201112019,

LeRaysville Borough, Bradford County, Pa.; Consumptive Use of


Chesapeake Appalachia, LLC, Pad ID: Edger, ABR-201112020,

Smithfield and Ulster Townships, Bradford County, Pa.;


December 13, 2011.

Chesapeake Appalachia, LLC, Pad ID: RGB, ABR-201112021,



Chesapeake Appalachia, LLC, Pad ID: Yost, ABR-201112022,

Franklin Township, Bradford County, Pa.; Consumptive Use of Up

to 7.500 mgd; Approval Date: December 14, 2011.

Cabot Oil & Gas Corporation, Pad ID: CareyR P1, ABR-201112023,

Harford Township, Susquehanna County, Pa.; Consumptive Use of


Southwestern Energy Production Company, Pad ID: RANSOM (HH

PAD), ABR-201112024, Lenox Township, Susquehanna County,


December 14, 2011.

Southwestern Energy Production Company, Pad ID: KILMER,

ABR-201112025, Lenox Township, Susquehanna County, Pa.;


December 16, 2011.

Chesapeake Appalachia, LLC, Pad ID: Wildonger, ABR-201112026,

Wyalusing Township, Bradford County, Pa.; Consumptive Use of


Chesapeake Appalachia, LLC, Pad ID: Sharidan, ABR-201112027,



SPECIAL DOCUMENTS

305


Enerplus Resources (USA) Corporation, Pad ID: Winner 1 Well Pad,

ABR-201112028, East Keating Township, Clinton County, Pa.;


December 20, 2011.

Anadarko E&P Company LP, Pad ID: COP Tract 356 Pad E, ABR-

201112029, Cummings Township, Lycoming County, Pa.;


December 20, 2011.

Anadarko E&P Company LP, Pad ID: Larrys Creek F&G Pad E,

ABR-201112030, Cummings Township, Lycoming County, Pa.;


December 20, 2011.

Southwestern Energy Production Company, Pad ID: LOCH, ABR-

201112031, Cogan House Township, Lycoming County, Pa.;


December 21, 2011.

Southwestern Energy Production Company, Pad ID: HOWLAND-

LENT, ABR-201112032, Herrick Township, Bradford County,


December 21, 2011.

Southwestern Energy Production Company, Pad ID: FRIES PAD,

ABR-201112033, Lenox Township, Susquehanna County, Pa.;


December 21, 2011.

Seneca Resources Corporation, Pad ID: DCNR 007 Pad D, ABR-



Seneca Resources Corporation, Pad ID: DCNR 001 Pad C, ABR-

201112035, Ulysses Township, Potter County, Pa.; Consumptive


Seneca Resources Corporation, Pad ID: DCNR 007 Pad R, ABR-

201112036, Delmar and Shippen Townships, Tioga County, Pa.;


December 22, 2011.

Seneca Resources Corporation, Pad ID: DCNR 001 Pad E, ABR-

201112037, Ulysses Township, Potter County, Pa.; Consumptive


SWEPI LP, Pad ID: Hoffman 1201, ABR-201112038, Brookfield

Township, Tioga County, Pa.; Consumptive Use of Up to


SWEPI LP, Pad ID: Scheible 898, ABR-201112039, Deerfield

Township, Tioga County, Pa.; Consumptive Use of Up to


Range Resources – Appalachia, LLC, Pad ID: Cornwall Mountain,

ABR-201112040, Lewis Township, Lycoming County, Pa.;


December 28, 2011.

Range Resources – Appalachia, LLC, Pad ID: Hess Unit #1H, ABR-

201112041, Morris Township, Clearfield County, Pa.;


December 28, 2011.

AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts

806, 807, and 808.

Dated: January 20, 2012.

STEPHANIE L. RICHARDSON

Secretary to the Commission

[12-03-23]

WATER MANAGEMENT

ADMINISTRATION NOTICE OF TENTATIVE DETERMINATION

General Permit for Discharges from Seafood Processing Facilities

General Discharge Permit No. 11SE (NPDES No. MDG52)

applies to discharges from seafood processing facilities in the State

of Maryland. The Department proposes to reissue State/NPDES

(National Pollution Discharge Elimination System) General Permit

for Discharges from Seafood Processing Facilities with revisions to

the previously issued permit (No. 06SE) as summarized below.

The Department proposes to change the requirements for transfer

of authorization under this permit from ―non-transferable to a person‖

to ―non-transferable to a change in location‖. This ensures the

Department is not authorizing a discharge at a new location without

appropriate review through submission of a new application.

The required notice of intent (application) now requires more

complete information relevant to the permit conditions. Also required

is the addition of a site map illustrating discharge locations.

The Department clarified the Effluent Limitations and Monitoring

Requirements categories of dischargers to replicate the descriptions

in Federal Regulation 40 CFR 408.

The Department updated the chlorine limits to reflect COMAR‘s

water quality criteria for salt waters.

Finally the permit includes several clarifications on the types of

eligible discharges authorized by the permit and updates various

standard permit conditions. The updated standard permit conditions

include, but are not limited to: requirements to obtain coverage under

an individual permit, as necessary; termination of coverage under a

permit; continuation of an expired general permit; the definitions for

super chlorination, potable water, disinfectant, estimated flow,

impaired water, and total maximum daily load (TMDL); notice of

intent (application) requirements; submission of notifications once

registered under the permit; reporting laboratory performing analysis;

facility operation and maintenance; permit modification; and Civil

Penalties for Violations of Permit Conditions.

The Department will hold a public hearing concerning the

tentative determination on Monday, February 27, 2012, at 1 p.m., in

the Lexington Park Library, Meeting Room A, 21677 FDR Blvd.,

Lexington Park, MD 20653, and on Tuesday, February 28, 2012, at

11 a.m., in the Maryland Department of the Environment Cambridge

Field Office, 407 Race Street, Cambridge, MD 21613.

Any hearing impaired person may request an interpreter at the

hearing by contacting Tyrone Hill, Office of Fair Practices at 410-

537-3964 at least 10 working days prior to the scheduled hearing

date. TTY users should contact the Maryland Relay Service at 1-800-

201-7165.

The draft permit is available on MDE‘s website

(www.mde.state.md.us) and can be found at the Wastewater Permits

website (http://www.mde.state.md.us/waterpermits) under ―Water

Applications and Other Forms‖ then ―Seafood Processing Facilities‖,

or by searching ―seafood.aspx‖ in the right hand corner search

engine through the comment period. Any questions regarding this

tentative determination, including the draft permit and fact sheet

should be directed to Shannon McDonald at the Maryland

Department of the Environment, Water Management Administration,

at [email protected] or by telephone at 410-537-3323

between the hours of 8 a.m. and 5 p.m., Monday through Friday.

Copies of the document may be obtained at a cost of $0.36 per page.

Written comments concerning the tentative determination will also be

considered in the preparation of a final determination if received by

Shannon McDonald at the above address, on or before Wednesday,

March 7, 2012.

[12-03-17]

SPECIAL DOCUMENTS

306


WATER MANAGEMENT

ADMINISTRATION NOTICE OF FINAL DETERMINATION

General Permit for Discharges from Tanks, Pipes and Other

Liquid Containment Structures at Facilities Other Than Oil

Terminals

The Maryland Department of the Environment (Department)

proposed to reissue State/National Pollution Discharge Elimination

System(NPDES) General Permit for Discharges from Tanks, Pipes

and Other Liquid Containment Structures at Facilities other than Oil

Terminals, Permit No. 11HT (NPDES No. MDG67) to meet federal

requirements and to protect water quality. This permit replaces one

issued in February 2006.

A public notice on the tentative determination to reissue the

discharge permit was published on July 29, 2011 in the Maryland

Register and in twenty-three newspapers throughout Maryland during

the weeks of August 1st & 8th, 2011. The Department held a public

hearing concerning the tentative determination on Wednesday,

August 31, 2011 at 10 am in the Aqua Conference Room at the

Department, 1800 Washington Blvd, Baltimore, MD 21230, and

received comments through October 6, 2011.

The Department has made a final determination to reissue this

permit. While no significant changes to the tentative determination

have been made regarding the purpose and content, the final disharge

permit reflects minor revisions of grammar and organization to

provide clarrifications based on comments received during the public

comment period. Listed below are revisions included in the

Department‘s final determination:

-Part II.LL has been corrected to replicate the definition of water

per COMAR 26.08.01.01.

-Part V.F identifies the portions of the permit where monitoring is

not required to be submitted to the Department on a discharge

monitoring report (DMR) form.

-Part V.F clarifies that a DMR form shall be submitted for each

outfall.

-Part VI.D includes a statement to address the Civil Monetary

Penalty Inflation Adjustment Rule for all monetary penalties

identified in the permit.

Any person adversely affected by this final determination may file

a petition for judicial review. Petitions for judicial review of a final

determination or permit decision subject to judicial review must be

filed in accordance with §1-605 of the Environment Article no later

than March 10, 2012 (30 days following publication by the

Department of this notice of final determination in the Maryland

Register), and must be filed in a circuit court in Maryland. Petitions

for judicial review must conform to the applicable Maryland Rules of

Civil Procedure. Failure to file a petition for judicial review by March

10, 2012 will constitute a waiver of any right to a judicial review of

this final determination.

To view and print the final permit, go to the Department‘s website

www.mde.state.md.us and use the search engine keyword

―tanks.aspx‖.

Any questions regarding this final determination, and permit, should

be directed to Shannon McDonald or Edward Gertler at the Maryland

Department of the Environment, Water Management Administration,

at [email protected] or [email protected], by

telephone at 410- 537-3323 between the hours of 8:00 a.m. and 5:00

p.m., Monday through Friday.

Persons seeking to review the final permit and associated file may

do so by contacting Ms. McDonald to make an appointment. Copies

of documents may be obtained at a cost of $0.36 per page.

[12-03-35]


AND MENTAL HYGIENE Subject: Administration-Sponsored Capital Program Planning for

Mental Health, Addictions, and Developmental Disabilities Facilities

Additional Information: The Department of Health and Mental

Hygiene is currently updating its Five-Year Plan for funding the

construction, acquisition, renovation, and equipping of community

facilities providing mental health, addictions, or developmental

disabilities services.

Applicants interested in being considered to receive State funds

for capital development should request an application packet as soon

as possible from Mr. Ahmed Awad, Administrator, Administration-

Sponsored Capital Programs, at the Office of Capital Planning,

Budgeting, and Engineering Services, Department of Health and

Mental Hygiene, 201 West Preston Street, Room 535H, Baltimore,

MD 21201-2399, telephone 410-767-6589.

Applicants should submit an application to the Office of Capital

Planning, Budgeting, and Engineering Services by April 6, 2012 in

order to receive full consideration, should a bond loan be established

in the 2013 General Assembly session (Fiscal Year 2014 funding).

Applications received after April 6, 2012 will be considered;

however, ranking on the departmental priority list cannot be

guaranteed.

Applicants who received planning (architectural and engineering)

funds in previous years must submit a complete application if they

want to be considered for funding in Fiscal Year 2014.

Technical assistance for preparation of the application will be

provided by Department of Health and Mental Hygiene staff upon

request. For further information, please call Mr. Ahmed Awad at

410-767-6589.

Contact: Mr. Ahmed Awad, 410-767-6589

[12-03-21]

Subject: Administration-Sponsored Capital Program Planning for

Federally Qualified Health Centers

Additional Information: The Department of Health and Mental

Hygiene is currently updating its Five-Year Plan for funding the

conversion, construction, acquisition, renovation, and equipping of

facilities that have been designated as a Federally Qualified Health

Center (FQHC) under 330 of the Federal Public Health Service Act,

42U.S.C. 254B.

FQHCs interested in being considered to receive State funds for

capital development should request an application packet as soon as

possible from Mr. Ahmed Awad, Administrator, Administration-

Sponsored Capital Programs, at the Office of Capital Planning,

Budgeting, and Engineering Services, Department of Health and

Mental Hygiene, 201 West Preston Street, Room 535H, Baltimore,

MD 21201-2399, telephone 410-767-6589.

Applicants should submit an application to the Office of Capital

Planning, Budgeting, and Engineering Services by April 6, 2012 in

order to receive full consideration, should a bond loan be established

in the 2013 General Assembly session (Fiscal Year 2014 funding).

Applications received after April 6, 2012 will be considered;

however, ranking on the departmental priority list cannot be

guaranteed.

SPECIAL DOCUMENTS

307


Applicants who received planning (architectural and engineering)

funds in previous years must submit a complete application if they

want to be considered for funding in Fiscal Year 2014.

Technical assistance for preparation of the application will be

provided by Department of Health and Mental Hygiene staff upon

request. For further information, please call Mr. Ahmed Awad at

410-767-6589.

Contact: Mr. Ahmed Awad, 410-767-6589

[12-03-22]

308


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.

BOARD OF ARCHITECTS

Subject: Public Meeting

Date and Time: February 22, 2012, 10

a.m.

Place: 500 N. Calvert St., 3rd Fl. Conf.

Rm., Baltimore, MD

Contact: Pamela J. Edwards (410) 230-

6262

[12-03-33]

MARYLAND STATE ARTS COUNCIL


Date and Time: March 20, 2012, 9 a.m. —

3 p.m.

Place: Maryland State Arts Council

Offices, 175 W. Ostend St., Baltimore, MD

Contact: Ms. Sharon Blake (410) 767-

6536

[12-03-13]

MARYLAND STATE ARTS COUNCIL


Date and Time: March 28, 2012, 8:30 a.m.

— 5 p.m.

Place: Maryland State Arts Council, 175

W. Ostend St., Ste. E, Baltimore , MD

Contact: Mr. Cliff Murphy (410) 767-6450

[12-03-12]

BOARD OF AUDIOLOGISTS,

HEARING AID DISPENSERS, AND

SPEECH-LANGUAGE

PATHOLOGISTS


Date and Time: February 16, 2012, 4 — 6

p.m.

Place: Metro Executive Bldg., 4201

Patterson Ave., Baltimore, MD

Contact: Christopher Kelter (410) 764-

4725

[12-03-02]

BOARD OF BARBERS



— 4:30 p.m.

Place: 500 N. Calvert St., 2nd Fl.,

Baltimore, MD

Add’l. Info: Centre St. Entrance

Contact: Robert Wood (410) 230-6190

[12-03-37]

ADVISORY COUNCIL ON

CEMETERY OPERATIONS



a.m. — 12 p.m.

Place: Dept. of Labor, Licensing, and

Regulation, 500 N. Calvert St., 2nd Fl.

Conf. Rm., Baltimore, MD

Contact: Marilyn Harris-Davis (410) 230-

6229

[12-03-49]

BOARD FOR THE CERTIFICATION

OF RESIDENTIAL CHILD CARE

PROGRAM ADMINISTRATORS



— 12 p.m.; Additional Dates: April 13,

May 11, June 8, and July13, 2012

Place: 4201 Patterson Ave., Rm. 105,

Baltimore, MD

Contact: Carol Johnson (410) 764-5996

[12-03-07]

CONSUMER COUNCIL OF

MARYLAND


Date and Time: March 2, 2012, 9:15 — 11

a.m.

Place: 200 St. Paul Pl., 16th Fl., Baltimore,

MD

Contact: Stephanie A. Hodge (410) 576-

6557

[12-03-46]

BOARD OF COSMETOLOGISTS



— 4:30 p.m.

Place: 500 N. Calvert St., 2nd Fl.,

Baltimore, MD

Add’l. Info: Centre St. Entrance

Contact: Robert Wood (410) 230-6190

[12-03-36]

GOVERNOR’S OFFICE OF CRIME

CONTROL AND PREVENTION


Date and Time: March 12, 2012, 3 — 5

p.m.

Place: Baltimore Co. Loch Raven Library,

Baltimore, MD

Contact: Debra Arnold (410) 821-2852

[12-03-03]

GOVERNOR’S OFFICE OF CRIME

CONTROL AND PREVENTION


Date and Time: May 14, 2012, 3 — 5 p.m.

Place: Baltimore Co. Loch Raven Library,

Baltimore, MD

Contact: Debra Arnold (410) 821-2852

[12-03-04]

MARYLAND STATE BOARD OF

EDUCATION


Date and Time: February 28, 2012, 9 a.m.

— 4:30 p.m.; February 29, 2012, 9 a.m. —

12 p.m. (tentative)

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 email

([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

[12-03-10]

BOARD OF EXAMINING

ENGINEERS


Date and Time: March 20, 2012, 10 a.m.

— 12 p.m.

Place: 500 N. Calvert St., Baltimore, MD

Contact: Gae Herzberger (410) 230-6163

[12-03-09]

DEPARTMENT OF THE

ENVIRONMENT


Date and Time: March 12, 2012, 6 p.m.

GENERAL NOTICES

309


Place: MDE Headquarters, 1800

Washington Blvd., Lobby Conf. Rms. (to

the left after entering the front door),

Baltimore, MD

Add’l. Info: Informational Public Meeting

Announcement: Maryland‘s Draft 2012

Integrated Report

The Federal Clean Water Act requires

that states assess the quality of their waters

every 2 years and publish a list of waters

not meeting the water quality standards set

for them. This list of impaired waters is

included in the State‘s biennial

Integrated Report (IR). Waters identified in

Category 5 of the IR are impaired

and may require the development of Total

Maximum Daily Loads (TMDLs).

The Maryland Department of the

Environment (MDE) is announcing the

availability of the Draft 2012 IR for

public review and comment. The public

review period will run from February 13

to March 26, 2012. The Draft IR is

being posted on MDE‘s website at

http://www.mde.maryland.gov/programs/w

ater/tmdl/integrated303dreports/pages/prog

rams/waterprograms/tmdl/maryland%2030

3%20dlist/index.aspx. Hard copies of the

Draft IR may be requested by calling Mr.

Matthew Stover at (410) 537-3611.

The Department is hosting an

informational public meeting and

conference call in Baltimore at 6 p.m. on

March 12, 2012. Any hearing impaired

person may request an interpreter to be

present at the meeting by giving 5 working

days‘ notice to Matthew Stover at

[email protected] or by calling

(410) 537-3611. Anyone wanting to

participate in this meeting via conference

call should contact Matthew Stover for

instructions. Given enough interest, the

Department may schedule additional

meetings. Comments or questions may be

directed in writing to Mr. Matthew Stover

MDE, Science Services Administration,

1800 Washington Blvd., Baltimore,

Maryland 21230, emailed to

[email protected], or faxed to the

attention of Mr. Matthew Stover at 410-

537-3873 on or before March 26, 2012.

After addressing all comments received

during the public review period, a final List

will be prepared and submitted to the U.S.

Environmental Protection Agency for

approval.

Parking: Red Lot, Front (south) of

building

Contact: Matthew Stover (410) 537-3611

[12-03-48]

COMMISSIONER OF FINANCIAL

REGULATION

Subject: Receipt of Application

Add’l. Info: On December 15, 2011,

Liberty Federal Savings and Loan

Association, a federal mutual savings and

loan association located in Baltimore,

Maryland, filed an application pursuant to

Financial Institutions Article, §3-801,

Annotated Code of Maryland, for approval

to convert from a federally chartered

mutual savings and loan association to a

state chartered mutual savings bank. The

name of the converted bank has not yet

been determined.

The public file on this application is

available at the Office of Commissioner of

Financial Regulation, 500 North Calvert

Street, Suite 402, Baltimore, MD 21202.

Comments regarding these applications

must be submitted in writing and must be

received by the Commissioner within 20

calendar days of the publication date of this

notice.

For further information, contact Marcia

A. Ryan, Assistant Commissioner at (410)

230-6104.

Contact: Marcia A. Ryan (410) 230-6104

[12-03-18]

DEPARTMENT OF HEALTH AND

MENTAL HYGIENE/MARYLAND

BOARD OF PHYSICIANS


Date and Time: February 22, 2012, 9 —

10 a.m.

Place: 4201 Patterson Avenue, Rms.

108/109, Baltimore, MD

Add’l. Info: Appropriate auxiliary aid

services provided for qualified individuals

upon request. Call Ellen D. Smith at (410)

764-2477.

Contact: Tammy Austin (410) 764-4769

[12-03-14]

BOARD OF HEATING,

VENTILATION, AIR-

CONDITIONING, AND

REFRIGERATION CONTRACTORS

(HVACR)



— 12 p.m.

Place: 500 N. Calvert St., 3rd Fl. Conf.

Rm., Baltimore, MD

Contact: Steve Smitson (410) 230-6169

[12-03-08]

DIVISION OF LABOR AND

INDUSTRY/BOARD OF BOILER

RULES


Date and Time: February 21, 2012, 8 a.m.

Place: 10946 Golden West Dr., Ste. 160,

Hunt Valley, MD

Add’l. Info: Please note that this meeting

was previously published with a 9a.m. start

time, but has since changed to 8 a.m.

Contact: Debbie Stone (410) 767-2225

[12-03-31]

MARYLAND STATE LOTTERY

COMMISSION



a.m. — 1 p.m.

Place: Montgomery Park Business Center,

1800 Washington Blvd., Ste. 330,

Baltimore, MD

Contact: Marie A. Torosino (410) 230-

8790

[12-03-47]

MARYLAND HEALTH CARE

COMMISSION


Date and Time: February 16, 2012, 1 p.m.

Place: Maryland Health Care Commission,

4160 Patterson Ave., Conf. Rm. 100,

Baltimore, MD

Contact: Valerie Wooding (410) 764-3460

[12-03-11]


COMMISSION

Subject: Formal Start of Review

Add’l. Info: Notice of Docketing

The Maryland Health Care Commission

(MHCC) hereby gives notice of docketing

of the following application for Certificates

of Need:

Frederick Memorial Hospital — Docket

No. 12-10-2326 — Renovation of the

existing south wing of the 4th floor of the

―A‖ and the addition of 10 private patient

rooms for m/s/g/a services. Cost:

$2,348,587

MHCC shall review the application

under Health-General Article, §19-101 et

seq., Annotated Code of Maryland,

COMAR 10.24.01, and the applicable State

Health Plan standards.

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.

GENERAL NOTICES

310


Persons desiring to become interested

parties in the Commission‘s review of the

above-referenced applications 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 March 12, 2012. 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.

Please refer to the Docket Number listed

above in any correspondence on the

applications. Copies of the applications are

available for review in the office of MHCC

during regular business hours by

appointment. All correspondence should be

addressed to Paul E. Parker, Acting

Director, Center for Hospital Services,

Maryland Health Care Commission, 4160

Patterson Avenue, Baltimore, Maryland

21215.

Contact: Ruby Potter (410) 764-3276

[12-03-24]


COMMISSION


Add’l. Info: On January 20, 2012, the

Maryland Health Care Commission

(MHCC) received an application for

Certificate of Need submitted by

Massachusetts Avenue Surgery Center —

Matter No. 12-15-2328 — Addition of a

third operating room to the existing

ambulatory surgery center located at 6400

Goldsboro Road, Bethesda. Cost: $638,250

The MHCC shall review the application

under Health-General Article, §19-101 et

seq., Annotated Code of Maryland, and

COMAR 10.24.01.


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


[12-03-34]


COMMISSION


Add’l. Info: On January 26, 2012, the

Maryland Health Care Commission (MHCC)

received an application for Certificate of Need

submitted by Hospice of Queen Anne‘s —

Matter No. 12-17-2329 — Conversion of 6

residential beds to general inpatient hospice

beds at the facility located in Centreville.

The MHCC shall review the application

under Health-General Article, §19-101 et seq.,

Annotated Code of Maryland, and COMAR

10.24.01.


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.


[12-03-44]

MINORITY BUSINESS ENTERPRISE

ADVISORY COMMITTEE


Date and Time: February 15, 2012, 8:30

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

[12-03-05]

PROCUREMENT ADVISORY

COUNCIL (PAC)



— 3:30 p.m.

Place: Dept. of Budget and Management,

45 Calvert St., Rm. 158, Annapolis, MD

Contact: Melissa Hodges (410) 260-7335

[12-03-20]

BOARD OF PUBLIC ACCOUNTANCY


Date and Time: March 6, 2012, 9 a.m. —

12 p.m.

Place: 500 N. Calvert Street, 3rd Fl. Conf.

Rm., Baltimore, MD

Contact: Dennis L. Gring (410) 230-6224

[12-03-16]

RACING COMMISSION

Note: The meeting scheduled for February

21, 2012, has been changed to February 28,

2012.



— 1 p.m.

Place: Laurel Park, Laurel, MD

Add’l. Info: There will be an Executive

Session beginning at 11:30 a.m. to discuss

personnel-related matters.

Contact: J. Michael Hopkins (410) 296-

2982

[12-03-28]

MARYLAND TRANSPORTATION

AUTHORITY


Date and Time: February 23, 2012, 9 —

11 a.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: Shirley Hill (410) 537-1002

[12-03-06]

WORKERS’ COMPENSATION

COMMISSION


Date and Time: March 8, 2012, 9 — 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

[12-03-01]

Updated on 2-2-2012

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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 — 2012.

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