Issue Date: October 19, 2012 Volume 39 • Issue 21 • Pages 1359—1416 IN THIS ISSUE Open Meetings Compliance Board Judiciary Regulations Errata Special Documents General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before October 1, 2012, 5 p.m.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 October 1, 2012.

Brian Morris Acting Administrator, Division of State Documents Office of the Secretary of State

Information About the Maryland Register and COMAR

MARYLAND REGISTER HOW TO RESEARCH REGULATIONS The Maryland Register is an official State publication published An Administrative History at the end of every COMAR chapter gives every other week throughout the year. A cumulative index is information about past changes to regulations. To determine if there have published quarterly. been any subsequent changes, check the ‗‗Cumulative Table of COMAR The Maryland Register is the temporary supplement to the Code of Regulations Adopted, Amended, or Repealed‘‘ which is found online at Maryland Regulations. Any change to the text of regulations www.dsd.state.md.us/CumulativeIndex.pdf. This table lists the regulations published in COMAR, whether by adoption, amendment, repeal, or in numerical order, by their COMAR number, followed by the citation to emergency action, must first be published in the Register. the Maryland Register in which the change occurred. The Maryland The following information is also published regularly in the Register serves as a temporary supplement to COMAR, and the two Register: publications must always be used together. A Research Guide for Maryland • Governor‘s Executive Orders Regulations is available. For further information, call 410-260-3876. • Attorney General‘s Opinions in full text • Open Meetings Compliance Board Opinions in full text SUBSCRIPTION INFORMATION • State Ethics Commission Opinions in full text For subscription forms for the Maryland Register and COMAR, see • Court Rules the back pages of the Maryland Register. Single issues of the • District Court Administrative Memoranda Maryland Register are $15.00 per issue. • Courts of Appeal Hearing Calendars CITIZEN PARTICIPATION IN • Agency Hearing and Meeting Notices THE REGULATION-MAKING PROCESS • Synopses of Bills Introduced and Enacted by the General Maryland citizens and other interested persons may participate in Assembly the process by which administrative regulations are adopted, • Other documents considered to be in the public interest amended, or repealed, and may also initiate the process by which the CITATION TO THE MARYLAND REGISTER validity and applicability of regulations is determined. Listed below The Maryland Register is cited by volume, issue, page number, and are some of the ways in which citizens may participate (references date. Example: are to State Government Article (SG), • 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue Annotated Code of Maryland): 8, pages 815—817 of the Maryland Register issued on April 17, • By submitting data or views on proposed regulations either orally 1992. or in writing, to the proposing agency (see ‗‗Opportunity for Public Comment‘‘ at the beginning of all regulations appearing in the CODE OF MARYLAND REGULATIONS (COMAR) Proposed Action on Regulations section of the Maryland Register). COMAR is the official compilation of all regulations issued by (See SG, §10-112) agencies of the State of Maryland. The Maryland Register is • By petitioning an agency to adopt, amend, or repeal regulations. COMAR‘s temporary supplement, printing all changes to regulations The agency must respond to the petition. (See SG §10-123) as soon as they occur. At least once annually, the changes to • By petitioning an agency to issue a declaratory ruling with respect regulations printed in the Maryland Register are incorporated into to how any regulation, order, or statute enforced by the agency COMAR by means of permanent supplements. applies. (SG, Title 10, Subtitle 3) • By petitioning the circuit court for a declaratory judgment CITATION TO COMAR REGULATIONS on the validity of a regulation when it appears that the regulation COMAR regulations are cited by title number, subtitle number, interferes with or impairs the legal rights or privileges of the chapter number, and regulation number. Example: COMAR petitioner. (SG, §10-125) 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03. • By inspecting a certified copy of any document filed with the DOCUMENTS INCORPORATED BY REFERENCE Division of State Documents for publication in the Maryland Register. (See SG, §7-213) 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 Maryland Register (ISSN 0360-2834). Postmaster: Send address changes incorporated document does not appear in COMAR, the provisions of and other mail to: Maryland Register, State House, Annapolis, Maryland the incorporated document are as fully enforceable as any other 21401. Tel. 410-260-3876; Fax 410-280-5647. Published biweekly, with COMAR regulation. Each regulation that proposes to incorporate a cumulative indexes published quarterly, by the State of Maryland, Division of document is identified in the Maryland Register by an Editor‘s Note. State Documents, State House, Annapolis, Maryland 21401. The subscription The Cumulative Table of COMAR Regulations Adopted, Amended rate for the Maryland Register is $225 per year (first class mail). All or Repealed, found online, also identifies each regulation subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices. incorporating a document. Documents incorporated by reference are Martin O’Malley, Governor; John P. McDonough, Secretary of State; available for inspection in various depository libraries located Brian Morris, Acting Administrator; Gail S. Klakring, Senior Editor; Mary throughout the State and at the Division of State Documents. These D. MacDonald, Editor, Maryland Register and COMAR; Elizabeth Ramsey, depositories are listed in the first issue of the Maryland Register Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help published each year. For further information, call 410-974-2486. Desk, COMAR and Maryland Register Online. Front cover: State House, Annapolis, MD, built 1772—79. Illustrations by Carolyn Anderson, Dept. of General Services

Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell the product to another individual or entity.

Contents 1361 Closing Dates for the Maryland Register 11 DEPARTMENT OF TRANSPORTATION Schedule of Closing Dates and Issue Dates for the MOTOR VEHICLE ADMINISTRATION — LICENSING OF Maryland Register ...... 1363 BUSINESSES AND OCCUPATIONS Automotive Dismantlers and Recyclers, and Scrap Processors ...... 1376 COMAR Research Aids MOTOR VEHICLE ADMINISTRATION — VEHICLE Table of Pending Proposals ...... 1364 REGISTRATION Mopeds, Motor Scooters, and Off-Highway Recreational Index of COMAR Titles Affected in This Issue Vehicles ...... 1376 COMAR Title Number and Name Page 05 Department of Housing and Community Development ...... 1375, 1377, 1383 Final Action on Regulations 07 Department of Human Resources ...... 1382 05 DEPARTMENT OF HOUSING AND COMMUNITY 08 Department of Natural Resources ...... 1377, 1385 DEVELOPMENT 09 Department of Labor, Licensing, and BUILDING AND MATERIAL CODES Regulation ...... 1376, 1378, 1389 Maryland Building Performance Standards ...... 1377 10 Department of Health and Mental Hygiene ...... 1379, 1393 08 DEPARTMENT OF NATURAL RESOURCES 11 Department of Transportation ...... 1376 OFFICE OF THE SECRETARY 13A State Board of Education ...... 1379 Chesapeake Forest Lands ...... 1377 13B Maryland Higher Education Commission ...... 1379 FISHERIES SERVICE 15 Department of Agriculture ...... 1387 General ...... 1377 20 Public Service Commission ...... 1399 Fish ...... 1377 26 Department of the Environment ...... 1380 BOATING — SPEED LIMITS AND OPERATION OF 30 Maryland Institute for Emergency Medical Services VESSELS Systems (MIEMSS) ...... 1404 General ...... 1377 33 State Board of Elections ...... 1381 Patapsco River ...... 1378 09 DEPARTMENT OF LABOR, LICENSING, AND PERSONS WITH DISABILITIES REGULATION Individuals with disabilities who desire assistance in using the REAL ESTATE COMMISSION publications and services of the Division of State Documents are General Regulations ...... 1378 encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to COMMISSION OF REAL ESTATE APPRAISERS, (410) 974-2546, or through Maryland Relay. APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS — REAL ESTATE APPRAISERS Code of Ethics ...... 1378 Open Meetings Compliance Board 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE SUMMARY OF OPINIONS ISSUED FROM JULY 2, 2012 — MEDICAL CARE PROGRAMS SEPTEMBER 30, 2012 ...... 1367 TCA Substance Abuse Services ...... 1379 Case Management for Children Diverted/Returned from The Judiciary Out-of-State Residential Treatment Facilities ...... 1379 13A STATE BOARD OF EDUCATION ADMINISTRATIVE OFFICE OF THE COURTS CHILD AND FAMILY DAY CARE ADMINISTRATIVE MEMORANDUM 12-4 — Child Care Subsidy Program ...... 1379 ADMINISTRATIVE REGULATION XVIII — 13B MARYLAND HIGHER EDUCATION COMMISSION DEPARTMENT OF NATURAL RESOURCES FINE ACADEMIC REGULATIONS SCHEDULE, DCAR XVIII ...... 1368 Exemption Procedures for Religious Educational Institutions COURT OF APPEALS OF MARYLAND and Religious Institutions ...... 1379 DISCIPLINARY PROCEEDINGS ...... 1371 26 DEPARTMENT OF THE ENVIRONMENT RULES ORDER ...... 1371 RADIATION MANAGEMENT COURT OF SPECIAL APPEALS Radiation Protection ...... 1380 SHCEDULE FOR NOVEMBER 1, 2, 5, 7, 8, 9, 13, 14, 15, 27 CRITICAL AREA COMMISSION FOR THE 16, 19, 2012 ...... 1372 CHESAPEAKE AND ATLANTIC COASTAL BAYS CRITERIA FOR LOCAL CRITICAL AREA PROGRAM Emergency Action on Regulations DEVELOPMENT General Provisions ...... 1380 05 DEPARTMENT OF HOUSING AND COMMUNITY Development in the Critical Area ...... 1380 DEVELOPMENT Water-Dependent Facilities ...... 1380 HOMEBUYER EDUCATION AND COUNSELING Agriculture ...... 1380 Housing Counseling Certification for Prefile Surface Mining in the Critical Area...... 1380 Mediation ...... 1375 Habitat Protection Areas in the Critical Area ...... 1380 09 DEPARTMENT OF LABOR, LICENSING, AND DEVELOPMENT IN THE CRITICAL AREA RESULTING REGULATION FROM STATE AND LOCAL AGENCY PROGRAMS COMMISSIONER OF FINANCIAL REGULATION General Provisions ...... 1380 Foreclosure Procedures for Residential Property ...... 1376

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 Contents 1362 PROJECT APPLICATIONS Errata Notification of Project Applications ...... 1380 33 STATE BOARD OF ELECTIONS COMAR 11.15.35 ...... 1407 INSPECTION AND COPYING OF PUBLIC RECORDS Confidentiality of Certain Information ...... 1381 Special Documents CAMPAIGN FINANCING MARYLAND HEALTH CARE COMMISSION Campaign Finance Report ...... 1381 SCHEDULES FOR CERTIFICATE OF NEED CANVASSING REVIEW ...... 1408 Definitions; General Provisions ...... 1381

Post-Election Verification and Audit ...... 1381 VOTING SYSTEMS — SYSTEM REQUIREMENTS AND General Notices PROCEDURES ATHLETIC COMMISSION AccuVote-TS ...... 1381 Public Meeting ...... 1413 Model ES-2000 ...... 1381 ADVISORY COUNCIL ON CEMETERY OPERATIONS Public Meeting ...... 1413 Withdrawal of Regulations CONSUMER COUNCIL OF MARYLAND Public Meeting ...... 1413 07 DEPARTMENT OF HUMAN RESOURCES BOARD OF COSMETOLOGISTS SOCIAL SERVICES ADMINISTRATION Public Meeting ...... 1413 In-Home Aide Services ...... 1382 BOARD OF DIETETIC PRACTICE

Public Meeting ...... 1413 Proposed Action on Regulations STATEWIDE EMERGENCY MEDICAL SERVICES 05 DEPARTMENT OF HOUSING AND COMMUNITY ADVISORY COUNCIL (SEMSAC) DEVELOPMENT Public Meeting ...... 1413 BUILDING AND MATERIAL CODES BOARD FOR PROFESSIONAL ENGINEERS Model Performance Code ...... 1383 Public Meeting ...... 1413 08 DEPARTMENT OF NATURAL RESOURCES UNINSURED EMPLOYERS‘ FUND BOARD FISHERIES SERVICE Public Hearing ...... 1413 Shellfish — General ...... 1385 BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS Fishing in Nontidal Waters ...... 1386 Public Meeting ...... 1413 Yellow Perch ...... 1388 DEPARTMENT OF HEALTH AND MENTAL 09 DEPARTMENT OF LABOR, LICENSING, AND HYGIENE/MEDICAID PHARMACY AND REGULATION THERAPEUTICS COMMITTEE COMMISSIONER OF FINANCIAL REGULATION Public Meeting ...... 1413 Foreclosure Procedures for Residential Property ...... 1389 BOARD OF HEATING, VENTILATION, AIR- 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE CONDITIONING, AND REFRIGERATION SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR CONTRACTORS (HVACR) WOMEN, INFANTS, AND CHILDREN (WIC) Public Meeting ...... 1413 Retail Food and Pharmacy Vendors...... 1393 HOME IMPROVEMENT COMMISSION 15 DEPARTMENT OF AGRICULTURE Public Meeting ...... 1413 OFFICE OF THE SECRETARY BOARD FOR PROFESSIONAL LAND SURVEYORS Cost Sharing ― Water Pollution Control Program ...... 1397 Public Meeting ...... 1414 APIARY INSPECTION Public Meeting ...... 1414 General Regulations ...... 1398 MARYLAND HEALTH CARE COMMISSION Varroa Mite Control for Bees Transported Into or Through Public Meeting ...... 1414 Maryland ...... 1398 Formal Start of Review — Notice of Docketing ...... 1414 20 PUBLIC SERVICE COMMISSION MINORITY BUSINESS ENTERPRISE ADVISORY ELECTRIC STANDARD OFFER SERVICE COMMITTEE Transfers of Service ...... 1399 Public Meeting ...... 1414 26 DEPARTMENT OF THE ENVIRONMENT BOARD OF OCCUPATIONAL THERAPY PRACTICE TIDAL WETLANDS Public Meeting ...... 1414 Definitions ...... 1400 RETIREMENT AND PENSION SYSTEM — BOARD OF Shore Erosion Control ...... 1400 TRUSTEES 30 MARYLAND INSTITUTE FOR EMERGENCY Public Meeting ...... 1414 MEDICAL SERVICES SYSTEMS (MIEMSS) BOARD OF REVENUE ESTIMATES PUBLIC ACCESS AUTOMATED EXTERNAL Public Meeting ...... 1414 DEFIBRILLATOR PROGRAM STATE BOARD OF INDIVIDUAL TAX PREPARERS Definitions ...... 1404 Public Meeting ...... 1414 Approval of Facilities and Compliance...... 1404 NORTHEAST MARYLAND WASTE DISPOSAL Protocol...... 1404 AUTHORITY Quality Assurance and Maintenance...... 1404 Public Meeting ...... 1414 Training Programs ...... 1404 BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORS Public Meeting ...... 1415 MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 Contents 1363 BOARD OF WELL DRILLERS CLOSING DATES AND ISSUE DATES Public Meeting ...... 1415 through JULY 26, 2013 WORKERS‘ COMPENSATION COMMISSION Public Meeting on Regulations ...... 1415 Emergency and COMAR Online Proposed Final The Code of Maryland Regulations is available at Issue Regulations Regulations Notices, etc. Date 5:00 p.m.* 10:30 a.m. 10:30 a.m. www.dsd.state.md.us as a free service of the Office of the November 2 October 15 October 24 October 22 Secretary of State, Division of State Documents. The full text November 16 October 29 November 7 November 5 of regulations is available and searchable. Note, however, that November 30** November 9 November 16 November 15 the printed COMAR continues to be the only official and December 14 November 26 December 5 December 3 enforceable version of COMAR. December 28** December 10 December 17 December 14 The Maryland Register is also available at January 11** December 20 January 2 December 27 www.dsd.state.md.us. January 25 January 7 January 16 January 14 For additional information, visit www.sos.state.md.us, February 8** January 18 January 30 January 28 Division of State Documents, or call us at (410) 974-2486 or 1 February 22 February 4 February 13 February 11 (800) 633-9657. March 8** February 15 February 27 February 25 March 22 March 4 March 13 March 11 April 5 March 18 March 27 March 25 Availability of Monthly List of April 19 April 1 April 10 April 8 Maryland Documents May 3 April 15 April 24 April 22 The Maryland Department of Legislative Services May 17 April 29 May 8 May 6 receives copies of all publications issued by State officers and May 31** May 13 May 21 May 20 agencies. The Department prepares and distributes, for a fee, a June 14** May 23 June 5 June 3 list of these publications under the title ‗‗Maryland June 28 June 10 June 19 June 17 Documents‘‘. This list is published monthly, and contains July 12** June 24 July 2 June 28 bibliographic information concerning regular and special July 26 July 8 July 17 July 15 reports, bulletins, serials, periodicals, catalogues, and a variety * Due date for documents containing 8 to 18 pages — 48 hours of other State publications. ‗‗Maryland Documents‘‘ also before date shown; due date for documents exceeding 18 pages — 1 includes local publications. week before date shown Anyone wishing to receive ‗‗Maryland Documents‘‘ NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES should write to: Legislative Sales, Maryland Department of NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE REVISED PAGE COUNT REFLECTS THIS FORMATTING. Legislative Services, 90 State Circle, Annapolis, MD 21401. ** Note closing date changes The regular closing date for Proposals and Emergencies is Monday.

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 1364

Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us. Table of Pending Proposals The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by ―(err)‖. Regulations referencing a document incorporated by reference are followed by ―(ibr)‖. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

01 EXECUTIVE DEPARTMENT 09.10.02.43 • 39:18 Md. R. 1202 (9-7-12) 01.04.01.01—.11 • 39:19 Md. R. 1239 (9-21-12) 09.10.03.01,.04,.08 • 38:25 Md. R. 1600 (12-2-11) 01.04.02.01—.10 • 39:19 Md. R. 1239 (9-21-12) 09.19.02.04 • 39:20 Md. R. 1313 (10-5-12) 01.04.03.01—.10 • 39:19 Md. R. 1239 (9-21-12) 09.19.12.02 • 39:20 Md. R. 1314 (10-5-12) 09.20.01.03 • 39:1 Md. R. 26 (1-13-12) 03 COMPTROLLER OF THE TREASURY 39:13 Md. R. 798 (6-29-12) 09.20.02.10 • 39:14 Md. R. 841 (7-13-12) 03.06.01.43 • 38:23 Md. R. 1425 (11-4-11) 09.20.04.01,.02 • 37:4 Md. R. 346 (2-12-10) 03.06.01.44 • 38:13 Md. R. 758 (6-17-11) 38:3 Md. R. 176 (1-28-11) 03.06.02.06 • 39:3 Md. R. 261 (2-10-12) 09.32.01.18-1 • 39:1 Md. R. 27 (1-13-12) 03.10.01.01—.06 • 39:17 Md. R. 1150 (8-24-12) 09.32.01.18-3 • 39:1 Md. R. 28 (1-13-12) 09.34.05.01,.02 • 39:20 Md. R. 1315 (10-5-12) 05 DEPARTMENT OF HOUSING AND COMMUNITY 09.34.06.01—.13 • 39:20 Md. R. 1315 (10-5-12) DEVELOPMENT 09.34.07.01—.06 • 39:20 Md. R. 1315 (10-5-12) 09.34.08.01—.12 • 39:20 Md. R. 1315 (10-5-12) 05.01.02.14 • 39:20 Md. R. 1311 (10-5-12) 09.34.09.01,.02 • 39:20 Md. R. 1315 (10-5-12) 05.02.01.01,.02-1,.03 • 39:21 Md. R. 1383 (10-19-12) (ibr) 09.36.01.01 • 39:20 Md. R. 1323 (10-5-12)

07 DEPARTMENT OF HUMAN RESOURCES 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

07.01.15.01—.12 • 39:19 Md. R. 1239 (9-21-12) Subtitles 01 — 08 (1st Volume) 07.01.14.01—.10 • 39:19 Md. R. 1239 (9-21-12) 07.01.16.01—.10 • 39:19 Md. R. 1239 (9-21-12) 10.01.21.01—.07 • 39:16 Md. R. 1087 (8-10-12) 07.02.04.08 • 39:20 Md. R. 1312 (10-5-12) 10.05.05.03 • 39:15 Md. R. 976 (7-27-12) 07.07.19.02 • 39:20 Md. R. 1313 (10-5-12) 10.06.04.03 • 39:17 Md. R. 1157 (8-24-12) 10.07.05.04 • 39:15 Md. R. 977 (7-27-12) 08 DEPARTMENT OF NATURAL RESOURCES 10.07.14.07 • 39:15 Md. R. 978 (7-27-12) 10.09.20.07 • 39:19 Md. R. 1241 (9-21-12) 08.02.05.21 • 39:18 Md. R. 1199 (9-7-12) 10.09.26.01—.30 • 39:19 Md. R. 1242 (9-21-12) 08.02.08.10 • 39:21 Md. R. 1385 (10-19-12) 10.09.36.03 • 39:18 Md. R. 1203 (9-7-12) 08.02.11.01,.03 • 39:21 Md. R. 1386 (10-19-12) 10.09.62.01 • 39:18 Md. R. 1203 (9-7-12) 08.02.21.04 • 39:21 Md. R. 1388 (10-19-12) 10.09.63.01,.02,.04 • 39:18 Md. R. 1203 (9-7-12) 08.18.02 • 39:14 Md. R. 850 (7-13-12) (err) 10.09.64.06,.08 • 39:18 Md. R. 1203 (9-7-12) 10.09.65.02,.03,.08,.19-3,.20 • 39:18 Md. R. 1203 (9-7-12) 09 DEPARTMENT OF LABOR, LICENSING, AND 10.09.65.19 • 39:19 Md. R. 1256 (9-21-12) REGULATION 10.09.66.04 • 39:18 Md. R. 1203 (9-7-12) 10.09.67.06,.07,.12,.20,.21,.27 • 39:18 Md. R. 1203 (9-7-12) 09.03.12.01—12 • 39:21 Md. R. 1389 (10-19-12) 10.09.69.04,.17 • 39:18 Md. R. 1203 (9-7-12)

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PENDING PROPOSALS 1365 10.09.75.04 • 39:18 Md. R. 1203 (9-7-12) 11.19.02.01-1,.04,.07,.14,.20,.21,.24,.26,.28,.29, 10.09.76.14 • 39:19 Md. R. 1256 (9-21-12) .31—33 • 39:19 Md. R. 1280 (9-21-12) 11.19.03.02,.08,.19,.23—.26,.28—.30,.32,.33, Subtitles 10 — 22 (3rd Volume) .38 • 39:19 Md. R. 1280 (9-21-12)

10.10.03.02 • 39:17 Md. R. 1159 (8-24-12) 12 DEPARTMENT OF PUBLIC SAFETY AND 10.10.04.02 • 39:15 Md. R. 979 (7-27-12) CORRECTIONAL SERVICES 10.11.07.01—.03 • 39:14 Md. R. 842 (7-13-12) 10.21.07.02—.07,.09,.11—.14 • 39:20 Md. R. 1324 (10-5-12) 12.04.01.09 • 39:15 Md. R. 1007 (7-27-12) 10.21.20.07 • 39:19 Md. R. 1260 (9-21-12) 12.04.01.12 • 39:12 Md. R. 752 (6-15-12) 10.21.25.03,.03-2,.05—.11 • 39:19 Md. R. 1260 (9-21-12) 12.04.07.01—.11 • 39:16 Md. R. 1100 (8-10-12) 12.12.30.02—.09,.12,.13,.15—27,.30—.37, Subtitles 23 — 36 (4th Volume) .39 • 38:24 Md. R. 1518 (11-18-11) 38:27 Md. R. 1786 (12-30-11) (err) 10.24.11 • 39:17 Md. R. 1177 (8-24-12) (err) 12.15.01.02—.20 • 39:8 Md. R. 559 (4-20-12) 10.24.11.01 • 39:15 Md. R. 980 (7-27-12) (ibr) 12.15.02.01—.13 • 39:8 Md. R. 559 (4-20-12) 10.26.02.07 • 39:16 Md. R. 1090 (8-10-12) 12.15.03.01—.11 • 39:8 Md. R. 559 (4-20-12) 10.29.01.01,.10—.13 • 39:20 Md. R. 1326 (10-5-12) 12.15.04.01,.03—.06,.08,.09 • 39:8 Md. R. 559 (4-20-12) 10.29.09.03,.04 • 39:18 Md. R. 1207 (9-7-12) 12.15.05.02—.09 • 39:8 Md. R. 559 (4-20-12) 10.29.16.01,.02 • 39:20 Md. R. 1326 (10-5-12) 10.29.17.01—.10 • 39:20 Md. R. 1326 (10-5-12) 13A STATE BOARD OF EDUCATION 10.29.18.01—.06 • 39:20 Md. R. 1326 (10-5-12) 10.29.19.01—.12 • 39:20 Md. R. 1326 (10-5-12) 13A.01.05.07,.08 • 39:18 Md. R. 1213 (9-7-12) 10.29.20.01,.02 • 39:20 Md. R. 1326 (10-5-12) 13A.11.01.03-1,.15 • 39:20 Md. R. 1340 (10-5-12) 10.32.02.02—.16 • 39:11 Md. R. 702 (6-1-12) 13A.11.02.06 • 39:20 Md. R. 1340 (10-5-12) 10.32.03.17,.18 • 39:15 Md. R. 981 (7-27-12) 13A.11.06.16 • 39:20 Md. R. 1340 (10-5-12) 10.32.06.12,.13 • 39:15 Md. R. 986 (7-27-12) 13A.11.08.05,.12,.14 • 39:20 Md. R. 1340 (10-5-12) 10.32.08.01—.12 • 39:16 Md. R. 1091 (8-10-12) 10.32.10.16,.19 • 39:15 Md. R. 990 (7-27-12) 13B MARYLAND HIGHER EDUCATION COMMISSION 10.32.11.15,.16 • 39:15 Md. R. 994 (7-27-12) 10.34.11.01—.11 • 39:17 Md. R. 1159 (8-24-12) 13B.05.01.01—.11 • 39:17 Md. R. 1167 (8-24-12) 10.34.36.01—.10 • 39:19 Md. R. 1266 (9-21-12) 14 INDEPENDENT AGENCIES Subtitles 37—59 (5th Volume) 14.01.10.18 • 39:18 Md. R. 1213 (9-7-12) 10.37.10.26 • 39:18 Md. R. 1208 (9-7-12) 14.01.12.04 • 39:18 Md. R. 1213 (9-7-12) 10.38.10.01—.07 • 38:23 Md. R. 1436 (11-4-11) 14.01.14.04,.08,.37,.38,.45,.50 • 39:20 Md. R. 1343 (10-5-12) 10.41.03.06 • 39:18 Md. R. 1209 (9-7-12) 14.30.07.04 • 39:6 Md. R. 448 (3-23-12) 10.41.08.11 • 39:18 Md. R. 1209 (9-7-12) 14.30.11.12 • 39:6 Md. R. 448 (3-23-12) 10.44.05.01—.05 • 39:19 Md. R. 1271 (9-21-12) 14.34.02.04 • 39:8 Md. R. 578 (4-20-12) 10.44.09.01—.05 • 39:19 Md. R. 1272 (9-21-12) 10.44.15.01—.09 • 39:19 Md. R. 1274 (9-21-12) 15 DEPARTMENT OF AGRICULTURE 10.47.07.01—.08 • 39:13 Md. R. 801 (6-29-12) 10.52.13.01—.10 • 39:18 Md. R. 1210 (9-7-12) 15.01.05.02,.09,.10 • 39:21 Md. R. 1397 (10-19-12) 10.52.14.01—.06 • 39:18 Md. R. 1210 (9-7-12) 15.07.01.08,.09 • 39:21 Md. R. 1398 (10-19-12) 10.52.15.01—.08 • 39:19 Md. R. 1275 (9-21-12) 15.07.02.01—.09 • 39:21 Md. R. 1398 (10-19-12) 10.54.03.04,.09-1,.10,.11,.13—.16, .19 • 39:21 Md. R. 1393 (10-19-12) 17 DEPARTMENT OF BUDGET AND MANAGEMENT

11 DEPARTMENT OF TRANSPORTATION 17.04.04.04 • 39:20 Md. R. 1345 (10-5-12)

Subtitles 01—10 20 PUBLIC SERVICE COMMISSION

11.03.01.01-1 • 39:18 Md. R. 1210 (9-7-12) (ibr) 20.52.03.01—.04 • 39:21 Md. R. 1398 (10-19-12) 11.03.02.10 • 39:18 Md. R. 1210 (9-7-12) 11.04.04.06 • 39:20 Md. R. 1336 (10-5-12) 21 STATE PROCUREMENT REGULATIONS 11.04.10.01—.07 • 39:20 Md. R. 1337 (10-5-12) 21.11.11.02 • 39:19 Md. R. 1284 (9-21-12) Subtitles 11—22 (MVA) 21.11.12.01—.09 • 38:20 Md. R. 1249 (9-23-11)

11.12.03.01—.03,.05—.10 • 39:19 Md. R. 1279 (9-21-12) 26 DEPARTMENT OF THE ENVIRONMENT 11.15.13.01,.02 • 39:15 Md. R. 1005 (7-27-12) 11.15.35 • 39:21 Md. R. 1407 (10-19-12) (err) Subtitles 08—12 (Part 2) 11.15.35.01—.05 • 39:18 Md. R. 1211 (9-7-12) 11.18.04.01—.03 • 39:20 Md. R. 1339 (10-5-12) 26.11.02.09 • 39:16 Md. R. 1118 (8-10-12)

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PENDING PROPOSALS 1366 26.11.08.08-2 • 39:16 Md. R. 1119 (8-10-12) 26.11.09.08 • 39:16 Md. R. 1120 (8-10-12) 39:16 Md. R. 1122 (8-10-12) 26.11.14.06—.08 • 39:16 Md. R. 1120 (8-10-12) 26.11.19.27-1 • 39:12 Md. R. 756 (6-15-12) 26.11.29 • 39:17 Md. R. 1177 (8-24-12) (err) 26.11.29.01—.05 • 39:16 Md. R. 1124 (8-10-12) 26.11.30.01—.08 • 39:16 Md. R. 1122 (8-10-12)

Subtitles 19—27 (Part 4)

26.24.01.02 • 39:21 Md. R. 1400 (10-19-12) 26.24.04.01—.01-4 • 39:21 Md. R. 1400 (10-19-12)

29 DEPARTMENT OF STATE POLICE

29.06.01.02,.06—.10,.12,.14 • 39:17 Md. R. 1169 (8-24-12) (ibr) 29.06.03.01—.04 • 39:17 Md. R. 1169 (8-24-12) 29.06.07.03—.05,.07—.12,.14—.16 • 39:17 Md. R. 1169 (8-24-12)

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

30.06.01.01 • 39:21 Md. R. 1404 (10-19-12) 30.06.02.01—.08 • 39:21 Md. R. 1404 (10-19-12) 30.06.03.01 • 39:21 Md. R. 1404 (10-19-12) 30.06.04.01,.02 • 39:21 Md. R. 1404 (10-19-12) 30.06.05.01—.04 • 39:21 Md. R. 1404 (10-19-12)

31 MARYLAND INSURANCE ADMINISTRATION

31.08.05.02,.03 • 39:20 Md. R. 1345 (10-5-12) 31.08.12.02—.06 • 39:20 Md. R. 1346 (10-5-12) 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) 31.16.10.01—.09 • 39:17 Md. R. 1173 (8-24-12) 31.16.11.01—.03 • 39:20 Md. R. 1348 (10-5-12) 31.17.03.02,.10 • 39:17 Md. R. 1175 (8-24-12)

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 1367 Open Meetings Compliance Board

SUMMARY OF OPINIONS ISSUED FROM JULY 2, 2012 — SEPTEMBER 30, 2012* 8 Official Opinions of the Compliance Board 89 (2012) Carroll County Commissioners Cornelius Ridgely, Complainant July 5, 2012 Topics discussed: Administrative function (various topics); adequacy of notice (specification that open session will precede closed session; meeting location; cancellation of session subject to the Act)

8 Official Opinions of the Compliance Board 95 (2012) Maryland State Board of Education Gary W. Bauer on behalf of Maryland Association of Boards of Education July 23, 2012 Topics discussed: Allegation that discussion in closed session did not pertain to the exceptions under which the session was closed.

8 Official Opinions of the Compliance Board 99 (2012) Board of County Commissioners of Washington County Craig O’Donnell, Kent County News, Complainant July 23, 2012 Topics discussed: Procedures for closing a meeting (adequacy of written statement); scope of exception for the discussion of the relocation of a business to the county; required elements of a closed- session summary; required basis of a complaint.

8 Official Opinions of the Compliance Board 103 (2012) Board of County Commissioners of Carroll County Cornelius M. Ridgely and Bonnie Grady, Complainants August 3, 2012 Topics discussed: Allegation that public body deliberated through circulation of documents; definition of ―meeting.‖

8 Official Opinions of the Compliance Board 107 (2012) Maryland Transportation Authority Craig O’Donnell, Kent County News, Complainant August 3, 2012 Topics discussed: Administrative function (oversight of audit staff without discussion of policy matters); public body (effect of fact that one committee is a public body on a committee that is not a public body).

*The full text of these opinions can be found at: http://www.oag.state.md.us/Opengov/Openmeetings/index.htm

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 1368 The Judiciary

ADMINISTRATIVE OFFICE OF THE COURTS ADMINISTRATIVE MEMORANDUM 12-4 ADMINISTRATIVE REGULATION XVIII DEPARTMENT OF NATURAL RESOURCES FINE SCHEDULE, DCAR XVIII 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 revisions to the Department of Natural Resources Fine Schedule, DCAR XVIII to become effective October 1, 2012. The attached revisions have been adopted by the Chief Judge of the District Court. FRANK BROCCOLINA State Court Administrator September 18, 2012

NOTICE Under the authority of Natural Resources Article, §1-801, Annotated Code of Maryland, certain Pre-Set Fines and/or Penalty Deposits for Natural Resources Laws have been revised and are to be in force effective October 1, 2012. Printed herewith are the revisions to DCAR XVIII. BEN C. CLYBURN Chief Judge District Court of Maryland October 1, 2012

Proposed Fine Schedule Changes to DCAR XVIII Natural Resources Fine Schedule To Be Effective October 1, 2012

[Brackets around text] indicate language to be deleted from existing fine schedule. Underlined text indicates language to be added to existing fine schedule.

OFFENSE CODE DESCRIPTION PREPAYABLE FINE MAXIMUM PENALTY AMOUNT NATURAL RESOURCES ARTICLE

TITLE 4 FISH AND FISHERIES

4-210 Unlicensed Commercial Fishing Guide (Tidal) 750 [25,000 and/or 1 year] 1st/1000; 2nd/2000 and/or 1 year

4-210.1 Unlicensed Commercial Fishing Guide (Non- 750 [25,000 and/or 1 year] 1st/1000; Tidal) 2nd/2000 and/or 1 year SUBTITLE 6 FISHING IN NON-TIDAL WATERS

Live Bait Dealer in Frederick, Montgomery, 4-621 95 1st/1000; 2nd/2000 and/or 1 year and Washington Counties SUBTITLE 7 FISH

4-701(b)(4) Failure to Obtain a Tidal Fish License for 500 [25,000 and/or 1 year] 1st/1000; Commercial Activity 2nd/2000 and/or 1 year

4-701(e)(2) Failure to Pay Oyster Surcharge 700 [25,000 and/or 1 year] 1st/1000; 2nd/2000 and/or 1 year

4-702 Buy/Sell or Transport Fish Without a License 500 [25,000 and/or 1 year] 1st/1000; 2nd/2000 and/or 1 year

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 THE JUDICIARY 1369

4-704(a) Fishing Without a Finfish License 500 [25,000 and/or 1 year] 1st/1000; 2nd/2000 and/or 1 year

4-704.1 Catching Striped Bass Without a License 500 1st/1500 per fish; 2nd/2500 per fish and/or [25,000 and/or] 1year

4-731 Selling Striped Bass Without a License 650 1st/1500 per fish; 2nd/2500 per fish and/or [25,000 and/or] 1year SUBTITLE 8 CRABS

4-804(a) Crabbing Without a License: Commercial 500 [25,000 and/or 1 year] 1st/1000; Crabbers 2nd/2000 and/or 1 year

SUBTITLE 9 LOBSTER, TERRAPIN AND CONCH

4-906 Taking Conch Without a License: Commercial 500 [25,000 and/or 1 year] 1st/1000; 2nd/2000 and/or 1 year

SUBTITLE 10 OYSTERS AND CLAMS

4-1004(a) Taking Oysters or Clams Without a License: [25,000 and/or 1 year] 1st/1000; 650 Commercial 2nd/2000 and/or 1 year

4-1013 (a) Dredging Restrictions – Failure to have license 500 [25,000 and/or 1 year] 1st/1000; 2nd/2000 and/or 1 year

4-1041 Catching Surf Clams Without License 500 [25,000 and/or 1 year] 1st/1000; 2nd/2000 and/or 1 year [4-11A-09A] 4-11A- 10(a) Marking of Leased Lands 250 1st/1000; 2nd/2000 and/or 1 year

[4-11A-09C] 4-11A- Limitations On Harvest Location and Time 125 1st/1000; 2nd/2000 and/or 1 year 10(c)

[4-11A-13] 4-11A-14 Oystering on Aquaculture or Submerged Land 125 1st/1000; 2nd/2000 and/or 1 year Lease Area by Leaseholder [4-11A-15] 4-11A-16 Prohibited Act on Aquaculture or Submerged Must Appear* 1st/1000; 2nd/2000 and/or 1 year Land Lease Area [4-11A-19] [Live Bait Dealer in Frederick, Montgomery [95] [1st/1000; 2nd/2000 and/or 1 year] and Washington Counties] *4-11A-16(a) violations must be brought by the State’s Attorney under § 7-104 of the Criminal Law Article

TITLE 10 WILDLIFE

SUBTITLE 4 HUNTING RESTRICTIONS

10-401 Hunting, Selling, Possessing Wild Birds 450 1st/1500; 2nd/4000 and/or 1 year

10-402 Taking Nest and Eggs - Wild or Migratory 450 1st/1500; 2nd/4000 and/or 1 year Birds

10-403(a) Hunting Waterfowl During Closed Season 300 1st/1500; 2nd/4000 and/or 1 year

10-403(b) Exceeding Daily Bag Limit of Wild 450 1st/1500; 2nd/4000 and/or 1 year Waterfowl

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 THE JUDICIARY 1370

10-404(b) Failure to Maintain Records on Venison 125 1st/1500; 2nd/4000 and/or 1 year

10-404(c) Hunting, Possessing Game Birds or Mammals 500 1st/1500; 2nd/4000 and/or 1 year During Closed Season

10-404(d) Importing Game Birds or Mammals 500 1st/1500; 2nd/4000 and/or 1 year

10-404(e) Selling Game Birds or Mammals 500 1st/1500; 2nd/4000 and/or 1 year

10-404(g) Buying Game Birds or Mammals 500 1st/1500; 2nd/4000 and/or 1 year

10-406 Open Seasons, Fur Bearers 450 1st/1500; 2nd/4000 and/or 1 year

10-408.1 Certain Traps Near Residences 250 1st/1500; 2nd/4000 and/or 1 year

NATURAL RESOURCES REGULATIONS

FISH AND FISHERIES

Pilot Program 08.02.01.10 750 1st/1000; 2nd/2000 and/or 1 year

SOFT-SHELL CLAMS

08.02.02.01A(1) Operate Hydraulic Clam Dredge Without a 650 [25,000 and/or 1 year] 1st/1000; License 2nd/2000 and/or 1 year

08.02.02.08A Failure to Have Required Dealers License 500 [25,000 and/or 1 year] 1st/1000; 2nd/2000 and/or 1 year CRABS

[Methods of Catching Crabs With Crab Pots] [95] 125 and 10.00 per pot 08.02.03.07 1st/1000; 2nd/2000 and/or 1 year Recreational Crab Pots Bycatch Reduction up to a maximum total of Device and Address Requirements 500.00 per citation 08.02.03.14E Sizes of Hard Crabs: 08.02.03.14E 6-7 per Bushel [75] 90 1st/1000; 2nd/2000 and/or 1 year OYSTERS

Oyster Tags, Containers, etc. 08.02.04.04 550 per container 1st/1000; 2nd/2000 and/or 1 year

08.02.04.16A Failure to complete Shellfish Buy Ticket 450 1st/1000; 2nd/2000 and/or 1 year

08.02.04.16 A(2) Failure to use Shellfish Buy ticket – Oyster 650 1st/1000; 2nd/2000 and/or 1 year Dealer 08.02.04.16 B Failure to Submit Oyster Tax Report 650 1st/1000; 2nd/2000 and/or 1 year

FISH

08.02.05.08F Fishing Eel Pot Without License 500 [25,000 and/or 1 year] 1st/1000; 2nd/2000 and/or 1 year

08.02.05.08G Sell/Attempt to Sell Eels Without License 500 [25,000 and/or 1 year] 1st/1000; 2nd/2000 and/or 1 year

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 THE JUDICIARY 1371

1-3 fish: 100.00 4-10 fish: 50.00 per 08.02.05.09 Possessing River Herring fish 1st/1000; 2nd/2000 and/or 1 year 11+ fish: must appear

SHELLFISH – GENERAL

08.02.08.05 Clam Declaration Required 450 1st/1000; 2nd/2000 and/or 1 year

STRIPED BASS

Gill Net Reels, Unmarked Gill Net Corks 08.02.15.07 500 1st/1000; 2nd/2000 and/or 1 year

NUISANCE SPECIES

1-3 fish: [125.00] 750 08.02.19.04A Prohibited Species 4-10 fish: [50.00 per 1st/1000; 2nd/2000 and/or 1 year fish] 1000 11+ fish: must appear 1-3 fish: [125.00] 750 08.02.19.04B Prohibited From Transport Species 4-10 fish: [50.00 per 1st/1000; 2nd/2000 and/or 1 year fish] 1000 11+ fish: must appear 1-3 fish: [125.00] 750 08.02.19.06 Snakehead Violation 4-10 fish: [50.00 per 1st/1000; 2nd/2000 and/or 1 year fish] 1000 11+ fish: must appear LEASING

08.02.23.04E Failure to be Permitted or Registered while 650 1st/1000; 2nd/2000 and/or 1 year Harvesting on a Lease Failure to be in Possession of Harvester 08.02.23.04F(1) Registration Card while Harvesting on a Lease 75 1st/1000; 2nd/2000 and/or 1 year

Failure to Comply with National Shellfish 08.02.23.04F(2) [125] 650 1st/1000; 2nd/2000 and/or 1 year Sanitation Program Requirements Related to Shellfish Harvest Failure to Implement Vibrio parahaemolyticus Must Appear 08.02.23.04F(6) Control Plan in Accordance with COMAR 1st/1000; 2nd/2000 and/or 1 year [12-21-18]

______

COURT OF APPEALS OF RULES ORDER This Court‘s Standing Committee on Rules of Practice and MARYLAND Procedure having submitted its One Hundred Seventy-Fourth Report to the Court recommending adoption of the proposed deletion of DISCIPLINARY PROCEEDINGS existing Rules in Title 17 of the Maryland Rules and a proposed new Title 17, the proposed deletion of Rule 9-205 and a proposed new This is to certify that by an Opinion and Order of this Court dated Rule 9-205, the proposed deletion of Rule 11-601, and proposed September 25, 2012, TIFFANY T. ALSTON, 4200 Forbes Blvd amendments to Rules 2-214, 2-303, 2-305, 2-311, 2-401, 2-403, 2- #204, Lanham, Maryland 20706, has been indefinitely suspended 504.1, 2-510, 2-521, 2-643, 3-305, 3-510, 3-722, 4-212, 4-214, 4-216, from the further practice of law in this State and her name as an 4-216.1, 4-217, 4-242, 4-243, 4-262 (a) and (m), 4-263 (a) and (m), attorney at law has been stricken from the register of attorneys in this 4-266, 4-326, 4-331, 4-345, 4-501, 4-504, 4-711, 5-404, 6-416, 7- Court (Maryland Rule 16-772(d)). 112, 9-105, 14-212, 15-1001, and 15-1201, Form 4-504.1, and Rules [12-21-35] 4 and 19 of the Rules Governing Admission to the Bar of Maryland, all as set forth in that Report published in the Maryland Register, Vol. 39, Issue 16, pages 1036 - 1075 (August 10, 2012); and

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 THE JUDICIARY 1372 The Rules Committee having withdrawn the proposed Courtroom No. 2 amendments to Rules 2-521 and 4-326; and No. 01304/11 Magdi Oziel vs. Gamiel Oziel No. 00774/12* In Re: Adoption/Guardianship of Isabella A. This Court having considered at an open meeting, notice of which No. 01796/11 Reverend Deloris Prioleau vs. Bishop Adam J. was posted as prescribed by law, all those proposed rules changes, th Richardson, Jr. together with the comments received, it is this 4 day of October, No. 00813/11 Seabright Condominium Association vs. ADC 2012, Builders, Inc. No. 01607/11 Doris A. Stelle vs. T-Mobile, Northeast, LLC et al. ORDERED, by the Court of Appeals of Maryland, that current Rule No. 01834/11 Ashley Pulley vs. Jacob Dackman & Sons, LLC 11-601 be, and it is hereby, rescinded, effective January 1, 2013; and et al. it is further *8-207(a) ORDERED that amendments to Rules 2-403, 2-510, 3-510, 4-262 Friday, November 2, 2012 (m), 4-263 (m), 4-266, 4-331, 4-501, 6-416, 7-112, and 15-1001, Courtroom No. 1 Form 4-504.1, and Rules 4 and 19 of the Rules Governing Admission to the Bar of Maryland, be, and they are hereby, adopted in the form No. 01933/11 Montgomery County Career Fire Fighters previously published; and it is further Association et al. vs. Montgomery County, Maryland et al. ORDERED that action on all other proposed rules changes contained No. 00722/11 Fraternal Order of Police, Montgomery County in the One Hundred Seventy-Fourth Report be, and it is hereby, Lodge 35 vs. Montgomery County Executive deferred; and it is further No. 00825/11 Municipal and County Government Employees Organization vs. Montgomery County Executive ORDERED that the rules changes hereby adopted by this Court shall No. 00737/11 Bernice Thomas-El vs. Sandra Rasheem govern the courts of this State and all parties and their attorneys in all No. 02249/11 Najeeb Sarwar vs. Allen P. Feigelson et al. vs. actions and proceedings, and shall take effect and apply to all actions No. 01530/11 Christopher D. Hamilton et al. vs. Benjamin Kirson commenced on or after January 1, 2013 and, insofar as practicable, to et ux. all actions then pending; and it is further No. 01298/11 Dale Clester et al. vs. State of Maryland et al.

Courtroom No. 2 ORDERED that a copy of this Order be published in the next issue of the Maryland Register. No. 01320/11 Lalita Amanna vs. Lydia Martinos No. 02741/11* Faith Krug vs. George Krug No. 01481/11 Samuel Antar et al. vs. The Mike Egan Insurance Robert M. Bell Agency, Inc. et al. Glenn T. Harrell, Jr. No. 01085/11 B-Line Medical, LLC vs. Interactive Digital Lynne A. Battaglia Solutions, Inc. Clayton Greene, Jr. No. 01347/11 St. Joseph Medical Center, Inc. vs. Theresa Fallows Sally D. Adkins No. 00782/12** State of Maryland vs. Andre Johnson Mary Ellen Barbera Robert N. McDonald *8-207(a) Filed: October 4, 2012 **120 Day Rule

BESSIE M. DECKER Monday, November 5, 2012 Clerk Courtroom No. 1 Court of Appeals of Maryland No. 01317/11 Frazee Resource Management LLC. vs. [12-21-32] Youghiogheny Homeowners Assocation, Inc. No. 01169/11 Brenda A. Cruz vs. Nicholas Financial, Inc. No. 00954/11 Ranulfo Vargas vs. State of Maryland No. 00074/12* Bruce G. Gillies vs. Catherine Elizabeth Gillies COURT OF SPECIAL No. 01282/11 Jason Cressman et al. vs. City of new Carrollton, Maryland et al. APPEALS No. 03083/10 Damon Cooley vs. State of Maryland

*8-207(a) SHCEDULE FOR NOVEMBER 1, 2, 5, 7, 8, 9, 13, 14, 15, 16, 19, 2012 Courtroom No. 2 Thursday, November 1, 2012 No. 00381/11 Prime Venturers vs. OneWest Bank Group, LLC Courtroom No. 1 et al. No. 00406/12* Laura Anne Bouma vs. Jason Carl Bouma, Sr. No. 01635/11 Hubert Allen Wood vs. State of Maryland No. 01287/11 JM Best 1 Corp. et al. vs. Prince George‘s County No. 00049/11 Anthony McCauley et al. vs. CAVEO Network Board of License Commissioners Solutions, Inc. et al. No. 00989/11 Franklin Credit Management Corporation vs. Fred No. 01255/11 Theresa M. Claggett vs. L D C Day Care, Corp. Nefflen et al. No. 01535/11 Kion Antonio Reed vs. Stanley Rochkind No. 02292/11 In Re: Adoption/Guardianship of Montana H. No. 01028/11 Jacob Geesing, et al Substitute Trustees vs. No. 00997/11 Janice R. Wilhelm vs. John C. Wilhelm Sandra A. Crawford No. 02033/11 Nina D. Smith vs. Quantum Servicing Corporation *8-207(a) MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 THE JUDICIARY 1373 Wednesday, November 7, 2012 Courtroom No. 2 Courtroom No. 1 No. 01497/11 Elizabeth Alcoba vs. Board of Education for No. 01935/11 Fran Rae Moskowitz vs. Marc S. Moskowitz Montgomery County et al. No. 01439/11 Edward Charles Schmitt vs. State of Maryland No. 01614/11 Michael B. Rico vs. State of Maryland No. 01200/12** In Re: Hassanhii G. No. 01574/11 Donnell Nance vs. David Gordon, M.D. et al. No. 01067/11 Joseph S. Triglia vs. Sinai Hospital of Baltimore, No. 00716/11 Cornelius Lee Solomon vs. State of Maryland Inc. et al. No. 02277/11 Steven Sturgis vs. State of Maryland No. 01750/11 Kendra D. Todd vs. Christopher L. Todd No. 02842/10 TIG Insurance Company et al. vs. Monongahela Power Company **120 DAY RULE

Courtroom No. 2 Tuesday, November 13, 2012 Courtroom No. 1 No. 00324/12* Philip Weed vs. Carmen Ross f/k/a Carmen Weed No. 00508/11 Juan Jose Diaz vs. State of Maryland No. 01289/11 Waterkeeper Alliance, Inc. et al. vs. Maryland No. 01696/11*** Comptroller of the Treasury vs. Gore Enterprise Department of Agriculture et al. Holdings, Inc. No. 01038/11 John J. Alban, Sr. et ux. vs. Michael A. Fiels No. 01697/11*** Comptroller of the Treasury vs. Future Value, Inc. No. 00734/11 Jai Medical Ssystems Managed Care Organization, No. 01029/11 Edmund A. Cutts, Jr. vs. Nancy L. Trippe Inc. vs. Wilhelmina Bradford No. 00538/11 James Catler et al. vs. Arent Fox, LLP et al. No. 01143/11 Dona Burney vs. Gerald Waldman Trustee of the No. 00781/11 Jamal Khan vs. Edward S. Cohn et al., Substitute Gerald Waldman Revocable Trust Trustees *8-207(a) ***Consolidated Cases

Thursday, November 8, 2012 Courtroom No. 2 Courtroom No. 1 No. 02190/11* David Entwistle vs. Angela Entwistle No. 00136/12* In Re: Adoption/Guardianship of David C. and No. 01679/11 Donneil Raeburn vs. State of Maryland Shelby C. No. 00805/11 Robert L. Smith vs. Officer Jesse Schwinn et al. No. 01294/11 HSBC Bank, USA, Trustee for MLMI 2006 - AF2 No. 01300/11 Robert Eugene Day, Jr. vs. Kim Michelle - BPHH vs. Christina P. Hughes Sterrett-Day No. 02396/11 A. Richard Thomas vs. State of Maryland No. 01621/11 Charles W. Long, Jr. et al. vs. Fireman‘s Fund No. 01989/11 Department of Health & Mental Hygiene vs. Toni Insurance Company Bailey No. 02004/11 Carey Sales & Service, Inc. vs. Slice of Olde No. 01967/11 Charilaos G. Psallidas et al. vs. Christos Kolas Towne, LLC et al. No. 01937/11 Antonio Tyer vs. State of Maryland *8-207(a)

*8-207(a) Wednesday, November 14, 2012 Courtroom No. 1 Courtroom No. 2 No. 01554/11 C&D Concrete, LLC. et al. vs. Michael Davidson No. 00077/11 Irma Johnson vs. Erie Insurance Group No. 01392/11 Ardrina D. Stokes vs. Joseph Buonassissi, II et al. No. 00410/12* Andrew J. Marks vs. Chandra Wright Marks Substitute Trustees No. 01206/11 Frank Drefs vs. Property Owners Association No. 01572/11 Telvon M. Taylor vs. State of Maryland Chesapeake Ranch Estates, Inc. No. 02724/11*** Derek T. Stevens vs. Yoko Tokuda No. 00657/11 Drew Para et al. vs. 1691 Limited Partnership et al. No. 00248/12*** Derek Stevens vs. Kenneth Tregoning No. 01154/11 Osmond Javon Cottman vs. State of Maryland No. 01938/11 Victor Jay Hynson et ux. vs. Baltimore County, *8-207(a) Maryland No. 01858/11 Okechukwa Okeke vs. Department of Public Safety Friday, November 9, 2012 and Correctional Services Courtroom No. 1 ***Consolidated Cases No. 01885/11*** Karly C. Bailey vs. Benjamin S. Carson, MD. et al. No. 01887/11*** Karly C. Bailey vs. Benjamin S. Carson, MD et al. Courtroom No. 2 No. 01345/11 Acme Delivery & Messenger Service, Inc. vs. No. 00967/09*** Maternal-Fetal Medicine Associates of Maryland, Baltimore City Wage Commission et al. LLC et al. vs. Heather Stanley-Christian No. 00425/12* In Re: Charlise C. No. 01301/11*** Heather Stanley-Christian, M.D. vs. Maternal Fetal No. 01066/11 Park Avenue Property, Ltd. et al. vs. John Wetzel Medicine Associates of Maryland LLC et al. No. 02332/11 Michael Robinson vs. State of Maryland No. 01068/11 Herron 393, LLC. vs. Sandra D. Feltman, Trustee No. 00767/12 Dana Williams vs. State of Maryland et al. *8-207(a) No. 01432/11 Naba Njie etc et al. vs. Adventist Healthcare et al. ***Consolidated Cases No. 01616/11 Benelogic, LLC. vs. Theodore Della Vecchia et al. No. 01333/11 Star H.F., LLC. vs. Thomas P. Dore et al. vs. No. 01507/11 Richard Flint vs. Shelley D. Wygant

***Consolidated Cases

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 THE JUDICIARY 1374 Thursday, November 15, 2012 On the day of argument, counsel are instructed to register in the All cases submitted on brief Office of the Clerk no later than 9 a.m. The Court is located at 361 Courtroom No. 1 Rowe Boulevard, in the Robert C. Murphy Courts of Appeals No. 00023/11 Milton Faison vs. Department of Public Safety and Building. After November 2012, the Court will recess until Correctional Services December, 2012. No. 02111/09 John D. Wilkins vs. Yolanda E. Person LESLIE D. GRADET No. 02258/11 Terry Bobbit a/k/a Jerome Bobbitt vs. State of Clerk Maryland ADMINISTRATIVE ORDER No. 00625/11 Sean Adam Griffin vs. State of Maryland Pursuant to Maryland Rule 8-522(a), I hereby direct that oral No. 02281/11 Michelle N. Cleckner vs. State of Maryland argument in the month of November be limited to 20 minutes per No. 02111/11 Damon Willie White vs. State of Maryland side, subject to the discretion of the hearing panel to allow additional argument, not exceeding a total of 30 minutes per side. Courtroom No. 2 This directive applies only to cases scheduled in November, 2012 No. 01274/11 Rhonda Brown vs. Cedar Loans, LLC Chief Judge‘s signature appears No. 01253/11 Allyson Taylor vs. Department of Labor, on original Administrative Order Licensing, and Regulation et al. Dated: September 21, 2012 No. 02453/11 Rena Sard vs. State of Maryland [12-21-16] No. 02534/11 Thomas L. McNeel vs. State of Maryland No. 02412/11 Rory Wade Leftwich vs. State of Maryland No. 02409/11 Nicholas D. George vs. State of Maryland No. 02169/11 Trayonte Lee McCrea vs. State of Maryland

Friday, November 16, 2012 All cases submitted on brief Courtroom No. 1 No. 02509/11 Carl Banks vs. State of Maryland No. 00765/11 Brian Hanrahan vs. Wyndham Condominium Association, Inc. No. 02168/11 Andre Donnell Clea vs. State of Maryland No. 01175/11 Carlos Eduardo Guzman vs. State of Maryland No. 01942/11 Lewis Melvin Johnson vs. State of Maryland No. 02531/11 Jamel Michael Stewart vs. State of Maryland

Courtroom No. 2 No. 01545/11 Jan M. Moses vs. Mayor & City Council of Baltimore City No. 01306/11 Bradley Heard vs. County Council of Prince George‘s County Maryland sitting as the District Council No. 02226/11 Thomas Edward Haddaway vs. State of Maryland No. 02129/11 John Wagner vs. State of Maryland No. 02072/11 Davon Gordon vs. State of Maryland No. 02298/11 Nelson Hoover vs. State of Maryland

Monday, November 19, 2012 All cases submitted on brief Courtroom No. 1 No. 00942/11 Carlton Francis Harris vs. State of Maryland No. 02180/10 Bernard Eric Miller vs. State of Maryland No. 00366/11 Joshua Matthew Howard vs. State of Maryland No. 02600/10 Leonel Rodriguez vs. State of Maryland No. 01019/11 Joylyn Bishop vs. Bozzuto Management Company No. 02099/11 Darren Maurice Boston vs. State of Maryland

Courtroom No. 2 No. 00674/10 William Jordan Claybrooks vs. State of Maryland No. 00880/11 Diane T. Carey vs. Orphans‘ Court for Anne Arundel County et al. No. 02428/11 Susan Jane Wise vs. State of Maryland No. 01147/11 Anthony E. Robinson vs. State of Maryland No. 02051/11 James R. Williams vs. State of Maryland No. 02044/11 Jennifer Cornelia Bradberry vs.

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 1375 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.

(3) ―Prefile mediation‖ means foreclosure mediation that Title 05 occurs in accordance with Real Property Article, §7-105.1(d), Annotated Code of Maryland, before the date on which the order to DEPARTMENT OF HOUSING docket or complaint to foreclose is filed. AND COMMUNITY .02 Purpose. The purpose of this chapter is to prescribe the timing and form of DEVELOPMENT certification of a mortgagor or grantor’s participation in housing counseling services as a precondition to prefile mediation in Subtitle 19 HOMEBUYER EDUCATION accordance with Real Property Article, §7-105.1(d), Annotated Code of Maryland . AND COUNSELING .03 Providing Information on Housing Counseling Services. 05.19.02 Housing Counseling Certification for The Department shall: Prefile Mediation A. Maintain information on housing counseling programs and services provided by nonprofit and government organizations Authority: Real Property Article, §7-105.1(d)(4)(ii), Annotated Code of certified by the U.S. Department of Housing and Urban Development Maryland that are available to residents of the State; and Notice of Emergency Action B. Provide the information on housing counseling services and a sample of the form under Regulation .04 of this chapter to the [12-288-E] general public at: The Joint Committee on Administrative, Executive, and (1) The Department’s website address, Legislative Review has granted emergency status to new Regulations http://www.mdhousing.org/Website/Housing/Default.aspx; .01—.04 under a new chapter, COMAR 05.19.02 Housing (2) Department of Housing and Community Development, 100 Counseling Certification for Prefile Mediation. Community Place Crownsville, Maryland 20736; and Emergency status began: October 1, 2012. (3) The Department of Labor, Licensing, and Regulation’s Emergency status expires: March 30, 2013. website address, http://www.dllr.state.md.us/finance/. Comparison to Federal Standards .04 Timing and Certification of Housing Counseling Services. There is no corresponding federal standard to this emergency A. A mortgagor or grantor that has elected to participate in prefile action. mediation offered by a secured party must: Economic Impact on Small Businesses (1) Regardless if they have previously completed housing The emergency action has minimal or no economic impact on counseling services, either: small businesses. (a) Obtain housing counseling services after their election to be participate in prefile mediation; or .01 Definitions. (b) Be receiving housing counseling services at the time of A. In this chapter, the following terms have the meanings their election to participate in prefile mediation; and indicated. (2) Complete the housing counseling services prior to the B. Terms Defined. prefile mediation. (1) ―Department‖ means the Department of Housing and B. Upon completion of housing counseling services, the entity that Community Development, a principal department of the State. provided the services shall provide the mortgagor or grantor with a (2) ―Housing counseling services‖ means assistance provided certificate of housing counseling services in substantially the to mortgagors or grantors by nonprofit and governmental entities following form: that are identified on a list maintained by the Department of Housing and Community Development under COMAR 05.19.01.05.

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 EMERGENCY ACTION ON REGULATIONS 1376 CERTIFICATION OF COMPLETION Housing Counseling for Pre-File Foreclosure Mediation Title 11

This document certifies that on ______DEPARTMENT OF (Date) ______Successfully completed TRANSPORTATION (Name of Homeowner) default and delinquency housing counseling as a prerequisite for Subtitle 12 MOTOR VEHICLE participation in pre-file foreclosure mediation at ______a Maryland Department of ADMINISTRATION — LICENSING OF (Name of Agency) BUSINESSES AND OCCUPATIONS Housing and Community Development approved housing counseling agency. 11.12.03 Automotive Dismantlers and Recyclers, ______and Scrap Processors (Signature of Housing Counselor or Agency Representative) ______Authority: Transportation Article, §§12-104(b) and 15-511, Annotated Code of Maryland (Date) ______Notice of Emergency Action (Print name and title of Housing Counselor or Agency Representative) [12-256-E] RAYMOND A. SKINNER The Joint Committee on Administrative, Executive, and Legislative Secretary of Housing and Community Development Review has granted emergency status to amendments to Regulations .01—.03, .05, and .06, the repeal of existing Regulation .07 and the adoption of new Regulation .07, the repeal of existing Regulations .08 and .09, and the amendment and recodification of existing Regulation .10 Title 09 to be Regulation .08 under COMAR 11.12.03 Automotive Dismantlers and Recyclers, and Scrap Processors. DEPARTMENT OF LABOR, Emergency status began: October 1, 2012. Emergency status expires: March 30, 2013. LICENSING, AND Editor‘s Note: The text of this document will not be printed here REGULATION because it appeared as a Notice of Proposed Action in 39:19 Md. R. Subtitle 03 COMMISSIONER OF 1279—1280 (September 21, 2012), referenced as [12-256-P]. JOHN T. KUO FINANCIAL REGULATION Administrator 09.03.12 Foreclosure Procedures for Residential Motor Vehicle Administration Property Authority: Real Property Article, §7-105.1[(c)(4) and (d)(2)(vii)], Annotated Subtitle 15 MOTOR VEHICLE Code of Maryland ADMINISTRATION — VEHICLE Notice of Emergency Action REGISTRATION [12-289-E] The Joint Committee on Administrative, Executive, and 11.15.35 Mopeds, Motor Scooters, and Off- Legislative Review has granted emergency status to the repeal of Highway Recreational Vehicles existing Regulations .01—.03 and to new Regulations .01—.12 under COMAR .09.03.12 Foreclosure Procedures for Residential Authority: Transportation Article, §§12-104(b), 11-134.1, 11-134.5, 13-102, 13-106, 13-802, 13-806, 17-104.1, and 21-1306.1; Insurance Article, §19- Property. 505, Annotated Code of Maryland This emergency action supersedes the emergency action that was originally published in 38:23 Md. R. 1416 (November 4, 2011) and Notice of Emergency Action extended in 39:3 Md. R. 256 (February 10, 2012) and 39:15 Md. R. [12-240-E] 961 (July 27, 2012). The Joint Committee on Administrative, Executive, and Emergency status began: October 1, 2012. Legislative Review has granted emergency status to new Regulations Emergency status expires: March 29, 2013. .01—.05 under a new chapter, COMAR 11.15.35 Mopeds, Motor Scooters, and Off-Highway Recreational Vehicles. Editor‘s Note: The text of this document will not be printed here Emergency status began: October 1, 2012. because it appears as a Notice of Proposed Action on pages 1389 — Emergency status expires: March 29, 2013. 1393 of this issue, referenced as [12-289-P]. Editor‘s Note: The text of this document will not be printed here ANNE BALCER NORTON because it appeared as a Notice of Proposed Action in 39:18 Md. R. Deputy Commissioner of Financial Regulation 1211—1212 (September 7, 2012), referenced as [12-140-P]. JOHN T. KUO Administrator Motor Vehicle Administration

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 1377 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 Subtitle 02 FISHERIES SERVICE DEPARTMENT OF HOUSING 08.02.01 General AND COMMUNITY Authority: Natural Resources Article, §§4-602 and 4-735, Annotated Code of DEVELOPMENT Maryland Notice of Final Action Subtitle 02 BUILDING AND [12-224-F] On October 9, 2012, the Secretary of Natural Resources adopted MATERIAL CODES new Regulation .11 under COMAR 08.02.01 General. This action, which was proposed for adoption in 39:17 Md. R. 1152—1153 05.02.07 Maryland Building Performance (August 24, 2012), has been adopted as proposed. Standards Effective Date: October 29, 2012. Authority: Public Safety Article, §§12-501 — 12-508, Annotated Code of JOHN R. GRIFFIN Maryland Secretary of Natural Resources Notice of Final Action [12-201-F-I] On September 27, 2012, the Secretary of Housing and Community Subtitle 02 FISHERIES SERVICE Development adopted amendments to Regulations .03—.05 under COMAR 05.02.07 Maryland Building Performance Standards. 08.02.05 Fish This action, which was proposed for adoption in 39:16 Md. R. 1084- Authority: Natural Resources Article, §§4-206, 4-215, 4-701, and 4-704, 1086 (August 10, 2012), has been adopted as proposed. Annotated Code of Maryland Effective Date: October 29, 2012. Notice of Final Action RAYMOND A. SKINNER [12-230-F] Secretary of Housing and Community Development On October 9, 2012, the Secretary of Natural Resources adopted amendments to Regulation .12 under COMAR 08.02.05 Fish. This action, which was proposed for adoption in 39:17 Md. R. 1153— Title 08 1156 (August 24, 2012), has been adopted as proposed. DEPARTMENT OF NATURAL Effective Date: October 29, 2012. JOHN R. GRIFFIN RESOURCES Secretary of Natural Resources

Subtitle 01 OFFICE OF THE Subtitle 18 BOATING — SPEED SECRETARY LIMITS AND OPERATION OF 08.01.07 Chesapeake Forest Lands VESSELS Authority: Natural Resources Article, §§5-209(a) and 10-808, Annotated 08.18.01 General Code of Maryland Authority: Natural Resources Article, §8-704, Annotated Code of Maryland Notice of Final Action [12-221-F] Notice of Final Action On October 10, 2012, the Department of Natural Resources [12-223-F] adopted amendments to Regulation .02 under COMAR 08.01.07 On October 9, 2012, the Secretary of Natural Resources adopted Chesapeake Forest Lands. The amendment identifies the names of amendments to Regulation .03 and new Regulations .09 and .10 the three demonstration forests located within the Chesapeake under COMAR 08.18.01 General. This action, which was proposed Forests. This action, which was proposed for adoption in 39:17 Md. for adoption in 39:17 Md. R. 1156 (August 24, 2012), has been R. 1152 (August 24, 2012), has been adopted as proposed. adopted with the nonsubstantive changes shown below. Effective Date: October 29, 2012. Effective Date: October 29, 2012. JOHN R. GRIFFIN Secretary of Natural Resources MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 FINAL ACTION ON REGULATIONS 1378 Attorney General’s Certification (2) — (3) (proposed text unchanged) In accordance with State Government Article, §10-113, Annotated D.—F. (text unchanged) Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The JOHN R. GRIFFIN nature of the changes and the basis for this conclusion are as follows: Secretary of Natural Resources COMAR 08.18.01.09: Change was needed for clarification. .09 Wake Surfing. Title 09 A person may not operate or give permission to operate a watercraft for the purpose of wake surfing less than 200 feet from a DEPARTMENT OF LABOR, shoreline, marine [[structures (piers, docks, pilings, jetties, bridges structures, abutments, bulkheads, floats, buoys, channel markers, LICENSING, AND etc.),]] structure (pier, dock, piling, jetty, bridge structure, abutment, bulkhead, regulatory buoy, channel marker, floating platform REGULATION anchored to the bottom and used for embarking and disembarking from boats, swimming or water skiing) and other vessels operating in Subtitle 11 REAL ESTATE the area or at anchor or moored or an individual or individuals in the water. COMMISSION JOHN R. GRIFFIN 09.11.01 General Regulations Secretary of Natural Resources Authority: Business Occupations and Professions Article, §§17-208 and 17- 315, Annotated Code of Maryland Subtitle 18 BOATING — SPEED Notice of Final Action LIMITS AND OPERATION OF [12-214-F] On September 26, 2012, the Real Estate Commission adopted new VESSELS Regulation .27 under COMAR 09.11.01 General Regulations. This 08.18.19 Patapsco River action, which was proposed for adoption in 39:16 Md. R. 1086 — 1087 (August 10, 2012), has been adopted as proposed. Authority: Natural Resources Article, §§8-703 and 8-704, Annotated Code of Effective Date: October 29, 2012. Maryland J. NICHOLAS D‘AMBROSIA Notice of Final Action Chairman [12-220-F] Real Estate Commission On October 9, 2012, the Secretary of the Maryland Department of Natural Resources adopted amendments to Regulation .03 under COMAR 08.18.19 Patapsco River. This action, which was proposed Subtitle 19 COMMISSION OF REAL for adoption in 39:17 Md. R. 1156—1157 (August 24, 2012), has ESTATE APPRAISERS, APPRAISAL been adopted with the nonsubstantive changes shown below. Effective Date: October 29, 2012. MANAGEMENT COMPANIES, AND Attorney General’s Certification HOME INSPECTORS — REAL In accordance with State Government Article, §10-113, Annotated ESTATE APPRAISERS Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The 09.19.05 Code of Ethics nature of the changes and the basis for this conclusion are as follows: COMAR 08.18.19.03C(1): The letter W. was changed to N. to Authority: Business Occupations and Professions Article, §§16-208, 16-216, correct direction for the specific boundary. 16-220, 16-302(d) and (g), and 16-503(b) and (f), Annotated Code of Maryland .03 Patapsco River South Shore. Notice of Final Action A.—B. (proposed text unchanged) [12-148-F-I] C. Rock Creek. (1) Outer Rock Creek encompasses all of the waters of Rock On August 14, 2012, the Maryland Commission of Real Estate Creek beginning at a point at or near the shore at the south side of the Appraisers, Appraisal Management Companies, and Home Inspectors entrance, defined by Lat. 39º 9.302’ N., Long. 76° 29.975’ W., then adopted amendments to Regulation .01 under COMAR 09.19.05 running 347° True to a point on the north shore of the entrance of Code of Ethics. This action, which was proposed for adoption in Rock Creek at or near Lat. 39° 9.547’ N., Long. 76° 30.048’ W., 39:13 Md. R. 798 (June 29, 2012), has been adopted as proposed. then running upstream to a line beginning at a point at or near the Effective Date: October 29, 2012. shore at the N. entrance of Wall Cove, defined by Lat. 39°09.257‘N., PATRICIA SCHOTT Long. 76° 30.050’ W., then running 224° True to a point, at or near Administrator [[ Lat. 39° 9.098’ W.,]] Lat.39º 9.098’ N., Long. 76° 30.246’ W., then Commission of Real Estate Appraisers, Appraisal running 279° True to Water Oak Point, at or near Lat. 39° 9.132’ N., Management Companies, and Home Inspectors Long. 76° 30.533’ W., then running 329° True to a point at or near the shore at the N. side of Rock Creek, defined by Lat. 39°09.240‘N., Long. 76°30.618‘W. This area has a 6-knot speed limit Saturdays, Sundays, and State holidays during the boating season.

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 FINAL ACTION ON REGULATIONS 1379 Title 10 Title 13A DEPARTMENT OF HEALTH STATE BOARD OF AND MENTAL HYGIENE EDUCATION Subtitle 09 MEDICAL CARE Subtitle 14 CHILD AND FAMILY DAY PROGRAMS CARE 10.09.33 TCA Substance Abuse Services 13A.14.06 Child Care Subsidy Program Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Authority: Family Law Article, §§5-550, 5-551, and 5-573, Annotated Code Annotated Code of Maryland of Maryland Agency Note: Federal Regulatory Reference—45 CFR 98, 99 Notice of Final Action Notice of Final Action [12-204-F] [12-229-F] On October 9, 2012, the Secretary of Health and Mental Hygiene On October 9, 2012, the State Superintendent of Schools adopted adopted the repeal of existing Regulations .01—.12 under COMAR amendments to Regulations .02, .05, .08, and .09 under COMAR 10.09.33 TCA Substance Abuse Services. This action, which was 13A.14.06 Child Care Subsidy Program. This action, which was proposed for adoption in 39:16 Md. R. 1089 (August 10, 2012), has proposed for adoption in 39:17 Md. R. 1166 (August 24, 2012), has been adopted as proposed. been adopted as proposed. Effective Date: October 29, 2012. Effective Date: October 29, 2012. JOSHUA M. SHARFSTEIN, M.D. LILLIAN M. LOWERY, Ed.D. Secretary of Health and Mental Hygiene State Superintendent of Schools

Subtitle 09 MEDICAL CARE Title 13B PROGRAMS MARYLAND HIGHER 10.09.49 Case Management for Children Diverted/Returned from Out-of-State EDUCATION COMMISSION Residential Treatment Facilities Subtitle 02 ACADEMIC Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland REGULATIONS Notice of Final Action 13B.02.04 Exemption Procedures for Religious [12-205-F] Educational Institutions and Religious On October 9, 2012, the Secretary of Health and Mental Hygiene Institutions adopted the repeal of existing Regulations .01—.13 under COMAR 10.09.49 Case Management for Children Diverted/Returned from Authority: Education Article, §§11-105(u) and 11-202.1(c), Annotated Code Out-of-State Residential Treatment Facilities. This action, which of Maryland was proposed for adoption in 39:16 Md. R. 1090 (August 10, 2012), Notice of Final Action has been adopted as proposed. [12-163-F] Effective Date: October 29, 2012. On September 27, 2012, the Maryland Higher Education JOSHUA M. SHARFSTEIN, M.D. Commission adopted amendments to Regulation .05 under COMAR Secretary of Health and Mental Hygiene 13B.02.04 Exemption Procedures for Religious Educational Institutions and Religious Institutions. This action, which was proposed for adoption in 39:14 Md. R. 845 (July 13, 2012), has been adopted as proposed. Effective Date: October 29, 2012. DANETTE G. HOWARD, Ph.D. Secretary of Higher Education

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 FINAL ACTION ON REGULATIONS 1380 Attorney General’s Certification Title 26 In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following DEPARTMENT OF THE changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows: ENVIRONMENT COMAR 27.01.07.03C(1): Changed the statute cross reference from Article 66B, §3.05(a)(i)(v), Annotated Code of Maryland, to Subtitle 12 RADIATION Land Use Article, §§1-411 and 3-107, Annotated Code of Maryland, because as of October 1, 2012, Article 66B has been repealed and MANAGEMENT replaced by the Land Use Article. The change does not affect the 26.12.01 Radiation Protection meaning of section; affect the parties subject to the regulations; or increase any requirement on any affected person. Authority: Environment Article, §§8-106, 8-301, and 8-304, Annotated Code COMAR 27.02.01.01B(6)(a)(i): Changed the term ―edge‖ to of Maryland ―boundary‖. The word change is a clarification and conforms to the Notice of Final Action definition of ―buffer‖ in the Maryland Department of Environment regulations. The word change does not affect the meaning of the [12-200-F] definition. In addition, the word change does not affect the parties On October 1, 2012, the Secretary of the Environment adopted subject to the regulations because the change clarifies but does not amendments to Regulation .01 under COMAR 26.12.01 Radiation change the meaning of the regulation as already set forth in the Protection. This action, which was proposed for adoption in 39:16 proposed regulations. The change also does not increase any Md. R. 1126—1127 (August 10, 2012), has been adopted as requirement on any affected person. proposed. Effective Date: October 29, 2012. Subtitle 01 Criteria for Local Program ROBERT M. SUMMERS, Ph.D. Secretary of the Environment Development 27.01.07 Surface Mining in the Critical Area Title 27 Authority: Natural Resources Article, §8-1806, Annotated Code of Maryland .03 Criteria. CRITICAL AREA In developing their Critical Area programs, local jurisdictions shall use all of the following criteria: COMMISSION FOR THE A.— B. (proposed text unchanged) C. Each plan and program shall consist of all of the following: CHESAPEAKE AND (1) An identification and mapping of the undeveloped land in the Critical Area that should be kept in its undeveloped state until the ATLANTIC COASTAL BAYS land can be used to provide or assist in providing a continuous supply Notice of Final Action of minerals pursuant to [[Article 66B, §3.05(a)(i)(v),]] Land Use [12-146-F] Article, §§1-411 and 3-107, Annotated Code of Maryland [[, as On October 3, 2012, the October 3, 2012 the Critical Area amended.]]; Commission for the Chesapeake and Atlantic Coastal Bays adopted (2) Surface mining areas which include Habitat Protection amendments to: Areas under COMAR 27.01.09 [[shall also be identified.]]; and (1) Regulation .01 under COMAR 27.01.01 General [[(2)]] (3) (proposed text unchanged) Provisions; D.— G. (proposed text unchanged) (2) Regulations .03, .04, .05, and .08 under COMAR 27.01.02 Development in the Critical Area; Subtitle 02 Development in the Critical (3) Regulations .05 and .07 under COMAR 27.01.03 Water- Dependent Facilities; Area Resulting in State and Local Agency (4) Regulations .02 and .03 under COMAR 27.01.06 Programs Agriculture; (5) Regulation .03 under COMAR 27.01.07 Surface Mining 27.02.01 General Provisions in the Critical Area; Authority: Natural Resources Article, §8-1814, Annotated Code of Maryland (6) Regulations .01 and .01-8 under COMAR 27.01.09 Habitat Protection Areas in the Critical Area; .01 Definitions. (7) Regulation .01 under COMAR 27.02.01 General A. (proposed text unchanged) Provisions; and B. Terms Defined. (8) Regulation .01 under COMAR 27.03.01 Notification of (1)—(5) (proposed text unchanged) Project Applications. (6) Buffer. This action, which was proposed for adoption in 39:13 Md. R. (a) ―Buffer‖ means an area that: 810—815 (June 29, 2012), has been adopted with the nonsubstantive (i) Based on conditions present at the time of changes shown below. development, is immediately landward from mean high water of tidal Effective Date: October 29, 2012. waters, the edge of each bank of a tributary stream, or the landward [[edge]] boundary of a tidal wetland; and (ii) (proposed text unchanged)

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 FINAL ACTION ON REGULATIONS 1381 (b) (proposed text unchanged) Subtitle 08 CANVASSING (7)— (65) (proposed text unchanged) MARGARET G. McHALE 33.08.01 Definitions; General Provisions Chairman Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and 11-201, Critical Area Commission for the Annotated Code of Maryland Chesapeake and Atlantic Coastal Bays .10 Report of Votes Cast. At times and in the format required by the State Administrator, the election director shall produce: Title 33 A. The total votes cast for all offices and on all questions: (1) By precinct for votes cast on election day in a polling place; STATE BOARD OF or (2) (proposed text unchanged) ELECTIONS B. (proposed text unchanged) Notice of Final Action LINDA A. LAMONE [12-202-F] State Administrator of Elections On September 27, 2012, the State Board of Elections adopted amendments to: (1) Regulation .01 under COMAR 33.04.02 Confidentiality of Certain Information; and (2) Regulation .02 under COMAR 33.13.02 Campaign Finance Report. This action, which was proposed for adoption in 39:16 Md. R. 1127—1128 (August 10, 2012), has been adopted as proposed. Effective Date: October 29, 2012. LINDA H. LAMONE State Administrator of Elections

Notice of Final Action [12-165-F] On September 27, 2012, the State Board of Elections adopted: (1) Amendments to Regulation .01, the repeal of existing Regulation .10, and new Regulation .10 under COMAR 33.08.01 Definitions; General Provisions; (2) The repeal of existing Regulations .01—.04 and new Regulations .01—.06 under COMAR 33.08.05 Post-Election Verification and Audit; (3) Repeal existing Regulation .38 under COMAR 33.10.02 AccuVote-TS; and (4) Repeal existing Regulation .38 under COMAR 33.10.11 Model ES-2000. This action, which was proposed for adoption in 39:14 Md. R. 847—849 (July 13, 2012), has been adopted with the nonsubstantive changes shown below. Effective Date: October 29, 2012. Attorney General’s Certification In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows: COMAR 33.08.01.10A(1): Correction of an omission.

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 1382 Withdrawal of Regulations

Title 07 DEPARTMENT OF HUMAN RESOURCES Subtitle 02 SOCIAL SERVICES ADMINISTRATION 07.02.14 In-Home Aide Services Authority: Human Services Article, §§6-501—6-505; Family Law Article, §§5-524, 5-710, and 14-207; Annotated Code of Maryland (Agency Note: Federal Regulatory Reference—45 CFR 1357) Notice of Withdrawal [12-077-W] The Secretary of Human Resources withdraws the proposal to repeal existing Regulations .01—.10 and to adopt new Regulations .01—.08 under COMAR 07.02.14 In-Home Aide Services, as published in 39:6 Md. R. 413—416 (March 23, 2012). During the Maryland Register comment review period, the Department was notified that several technical amendments changed the scope of program service content so that it would have been confusing to case management staff by not providing accurate direction for a departmental administrative hearing appeals process if services are denied or terminated. THEODORE DALLAS Secretary of Human Resources

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 1383 Proposed Action on Regulations

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.

The 2012 International Energy Conservation Code (2012 IECC) is Title 05 currently incorporated by reference into the Model Performance Code. The 2012 IECC already requires newly constructed hotels to DEPARTMENT OF HOUSING be equipped with a master control device that turns off lighting fixtures and electric receptacles. A new law passed in 2012, Chapter AND COMMUNITY 606 of the Laws of Maryland 2012, requires that the master control device turn off lighting fixtures after a certain period of time. To DEVELOPMENT comply with the additional requirement, hotel guest rooms can be fitted with a master control device that has an occupancy sensor or a Subtitle 02 BUILDING AND time delay for a relatively small additional cost, if any. There will be some energy savings by adding these devices in the newly MATERIAL CODES constructed hotel guest rooms depending upon the occupancy of the 05.02.01 Model Performance Code hotel guest rooms. There may be some positive and negative economic impacts for Authority: Public Safety Article, §12-201—12-204, Annotated Code of those industrialized building manufacturers and other builders that Maryland choose to use IGCC for green building construction. The positive Notice of Proposed Action impacts include environmental benefits and energy savings. The economic costs may include additional construction costs on [12-282-P-I] industrialized buildings manufacturers and other builders that elect to The Secretary of Housing and Community Development proposes use IGCC for green building construction. to amend Regulations .01, .02-1, and .03 under COMAR 05.02.01 Model Performance Code. Revenue (R+/R-) Statement of Purpose II. Types of Economic Expenditure The purpose of this action is to add the following requirements to Impact. (E+/E-) Magnitude the regulations: guest rooms in newly constructed hotels shall be equipped with a master control device that turns off lighting fixtures after a certain period of time; for green building construction, allow A. On issuing agency: NONE the industrialized building manufacturers and other builders to use B. On other State 2012 International Green Construction Code. agencies: NONE

Comparison to Federal Standards C. On local There is no corresponding federal standard to this proposed action. governments: NONE

Estimate of Economic Impact I. Summary of Economic Impact. The proposal to require that guest rooms in newly constructed hotels be equipped with a master control device that turns off lighting fixtures after a certain period of time; and allow industrialized manufacturers and other builders to use 2012 International Green Construction Code has some economic impact.

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1384 receptacles within a half hour should not add any additional costs for Benefit (+) installation of the device. To comply with the existing requirement of Cost (-) Magnitude the IECC, the hotel industry is using a key card system where the key card is placed in a holder inside the room. These master control devices will turn off the lights and receptacles after 30 seconds from D. On regulated industries or trade groups: the card being removed; therefore, no additional equipment is (1) Benefit (+) Indeterminable required. The amount of energy savings from constructing to the IGCC (2) Cost (-) Indeterminable standard and increase in construction costs is indeterminable because E. On other industries the use of all parts of the IGCC is dependent upon whether the or trade groups: (+) Indeterminable purchaser of an industrialized building wants the building to be built F. Direct and indirect to the IGCC. effects on public: (+) Indeterminable F. Industrialized building owners and developers will receive the III. Assumptions. (Identified by Impact Letter and Number from benefit of saving on energy costs by the installation of timed master Section II.) control devices and to construct green buildings to the IGCC D(1). Industrialized building owners and developers will receive standards. Master control devices are estimated to save on energy the benefit of saving on energy costs by the installation of timed costs per hotel room but actual savings are indeterminable due to master control devices and to construct green buildings to the IGCC factors such as occupancy rates and cost to operate new devices. standards. Master control devices are estimated to save on energy Since new hotels are already required to have a master control device costs per hotel room but actual savings are indeterminable due to in each guest room, the requirement that it turn off lights and factors such as occupancy rates and cost to operate new devices. receptacles within a half hour should not add any additional costs for Since new hotels are already required to have a master control device installation of the device. To comply with the existing requirement of in each guest room, the requirement that it turn off lights and the IECC, the hotel industry is using a key card system where the key receptacles within a half hour should not add any additional costs for card is placed in a holder inside the room. These master control installation of the device. To comply with the existing requirement of devices will turn off the lights and receptacles after 30 seconds from the IECC, the hotel industry is using a key card system where the key the card being removed; therefore, no additional equipment is card is placed in a holder inside the room. These master control required. devices will turn off the lights and receptacles after 30 seconds from The amount of energy savings from constructing to the IGCC the card being removed; therefore, no additional equipment is standard and increase in construction costs is indeterminable because required. the use of all parts of the IGCC is dependent upon whether the The amount of energy savings from constructing to the IGCC purchaser of an industrialized building wants the building to be built standard and increase in construction costs is indeterminable because to the IGCC. the use of all parts of the IGCC is dependent upon whether the Economic Impact on Small Businesses purchaser of an industrialized building wants the building to be built The proposed action has minimal or no economic impact on small to the IGCC. businesses. D(2). Industrialized building owners and developers will receive the benefit of saving on energy costs by the installation of timed Impact on Individuals with Disabilities master control devices and to construct green buildings to the IGCC The proposed action has no impact on individuals with disabilities. standards. Master control devices are estimated to save on energy Opportunity for Public Comment costs per hotel room but actual savings are indeterminable due to Comments may be sent to Ed Landon, Codes Administration, factors such as occupancy rates and cost to operate new devices. Division of Credit Assurance, Department of Housing and Since new hotels are already required to have a master control device Community Development, 100 Community Place, Crownsville, MD in each guest room, the requirement that it turn off lights and 21032, or call 410-514-7444, or email to [email protected], or receptacles within a half hour should not add any additional costs for fax to 410-987-8902. Comments will be accepted through November installation of the device. To comply with the existing requirement of 19, 2012. A public hearing has not been scheduled. the IECC, the hotel industry is using a key card system where the key card is placed in a holder inside the room. These master control Editor‘s Note on Incorporation by Reference devices will turn off the lights and receptacles after 30 seconds from Pursuant to State Government Article, §7-207, Annotated Code of the card being removed; therefore, no additional equipment is Maryland, the 2012 International Green Construction Code has been required. declared a document generally available to the public and appropriate The amount of energy savings from constructing to the IGCC for incorporation by reference. For this reason, it will not be printed standard and increase in construction costs is indeterminable because in the Maryland Register or the Code of Maryland Regulations the use of all parts of the IGCC is dependent upon whether the (COMAR). Copies of this document are filed in special public purchaser of an industrialized building wants the building to be built depositories located throughout the State. A list of these depositories to the IGCC. was published in 39:2 Md. R. 104 (January 27, 2012), and is E. Industrialized building owners and developers will receive the available online at www.dsd.state.md.us. The document may also be benefit of saving on energy costs by the installation of timed master inspected at the office of the Division of State Documents, 16 Francis control devices and to construct green buildings to the IGCC Street, Annapolis, Maryland 21401. standards. Master control devices are estimated to save on energy costs per hotel room but actual savings are indeterminable due to .01 Definitions. factors such as occupancy rates and cost to operate new devices. A. (text unchanged) Since new hotels are already required to have a master control device B. Terms Defined. in each guest room, the requirement that it turn off lights and (1)—(3) (text unchanged)

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1385 (4) Hotel. (a) ―Hotel‖ means an establishment that offers sleeping Title 08 accommodations for compensation. (b) ―Hotel‖ does not include a bed and breakfast DEPARTMENT OF NATURAL establishment. [(4)] (5) (text unchanged) RESOURCES (6) ―Master control device‖ means: (a) A control that is activated when a person enters the Subtitle 02 FISHERIES SERVICE room through the primary room–access method; or (b) An occupancy sensor control that is activated by a 08.02.08 Shellfish — General person’s presence in the room. Authority: Authority: Natural Resources Article, §4-901, Annotated Code of [(5)] (7)—[(9)] (12) (text unchanged) Maryland .02-1 Incorporation by Reference. Notice of Proposed Action A. (text unchanged) [12-281-P] B. Documents Incorporated. The Secretary of Natural Resources proposes to amend Regulation (1)—(6) (text unchanged) .10 under COMAR 08.02.08 Shellfish—General. (7) 2012 International Green Construction Code (International Code Council, 500 New Jersey Avenue, N.W., 6th Statement of Purpose Floor, Washington DC 20001). The purpose of this action is to amend the American Lobster regulations to be consistent with the Atlantic States Marine Fisheries .03 Model Performance Code. Commission‘s (ASMFC) interstate fishery management plan. In A. The standards incorporated by reference in Regulation .02-1 of February, the Atlantic States Marine Fisheries Commission‘s this chapter, and modified as follows, constitute the Model American Lobster Board approved Addendum XVII to the Interstate Performance Code for building construction in the State: Fishery Management Plan. The addendum addressed rebuilding the (1) For industrialized building construction: Southern New England (SNE) lobster stock and contained measures (a)—(e) (text unchanged) for lobster conservation management areas (LCMAs) 2, 3, 4, 5, and (f) 2012 International Energy Conservation Code with the 6. The measures are intended to reduce fishing exploitation on the following modification: Add a note to Section 405.2.3 Specific SNE stock by 10 percent in response to the stock‘s depleted Application Controls: For the new construction of hotels, each hotel condition, which has been at low levels of abundance and guest room shall be equipped with a master control device in experiencing persistent low recruitment since 2002. Maryland state compliance with COMAR 05.02.07.04D(2); waters of the Atlantic Ocean are part of LCMA 5 and Maryland is (g) If an industrialized building manufacturer desires to or required to adopt regulations by January 1, 2013. The proposed has been requested to construct a building to the 2012 International action requires mandatory v-notching of all female lobsters, Green Construction Code (IGCC) standards they may use the IGCC immediate release of egg-bearing female lobsters, and a season in addition to the other codes in §A(1) with the following closure to the landing of lobsters from February 1 through March 31. modifications: During the February 1-March 31 closure, lobster potters will have a (i) Chapter 1. Delete Section 101.4 Appendices and two week period to remove lobster pots from the water and may set replace with the following: All the provisions in the appendices are lobster pots one week prior to the end of the closed season. adopted as part of the IGCC except those in the appendices C and D; (ii) Chapter 3. Add following note to Section 302.1 Item Comparison to Federal Standards 1: In Table 302.1, Select ―Yes‖ for residential buildings as indicated There is no corresponding federal standard to this proposed action. in Exception 1 to Section 101.3; and Estimate of Economic Impact (iii) The §A(1)(g) does not preempt the authority reserved I. Summary of Economic Impact. The proposed action may have to local jurisdictions to regulate matters in the IGCC including land an impact on the regulated industry. use, site placement, and other matters that do not affect the structure or design of the industrialized building; and Revenue (R+/R-) [(g)] (h) text unchanged) II. Types of Economic Expenditure (2) For all other building construction: Impact. (E+/E-) Magnitude (a)—(d) (text unchanged)

(e) The International Residential Code for One- and Two- Family Dwellings with modifications related to building standards, as A. On issuing agency: NONE adopted under COMAR 05.02.07.04; [and] B. On other State agencies: NONE (f) 2012 International Energy Conservation Code with modifications related to building standards, as adopted under C. On local governments: NONE COMAR 05.02.07.04[.]; and (g) If a builder desires to or has been requested to construct Benefit (+) a building to the 2012 International Green Construction Code Cost (-) Magnitude (IGCC) standards they may use the IGCC in addition to the other codes in §A(2). B. (text unchanged) D. On regulated industries or trade groups: RAYMOND A. SKINNER (1) Commercial — Secretary of Housing and Community Development closed season (-) $700 per year (2) Commercial — V- notch and female release (-) Indeterminable

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1386 (3) Recreational — E. A lobster trap [shall have]: closed season (-) Indeterminable (1) [A minimum of one] Shall have a minimum of: E. On other industries or (a) One rectangular escape vent which shall be a minimum of 2 inches by 5-3/4 inches; or trade groups: NONE [(2) A minimum of two] (b) Two circular escape vents

F. Direct and indirect which shall have a minimum diameter of 2-5/8 inches[.] effects on public: NONE (2) Shall be removed from the water not later than February 14 III. Assumptions. (Identified by Impact Letter and Number from of each year; and Section II.) (3) May not be set prior to March 24 of each year. D(1). The closed season may negatively impact the commercial F. (text unchanged) fishery by approximately $700 per year. The average total catch for JOHN R. GRIFFIN the proposed closed season over the last 4 years is 108 pounds per Secretary of Natural Resources year and the value of that catch was approximately $700. D(2). Less females will be available for harvest so the fishery may be negatively impacted. The actual impact is not able to be Subtitle 02 FISHERIES SERVICE determined because the catch is variable and is not reported in male and female lobsters. 08.02.11 Fishing in Nontidal Waters D(3). The recreational industry may be impacted by the closed Authority: Natural Resources Article, §§4-602, Annotated Code of Maryland season, but it‘s not likely since the closure is February and March and Notice of Proposed Action recreational trips don‘t usually occur in those months. [12-284-P] Economic Impact on Small Businesses The Secretary of Natural Resources proposes to amend The proposed action has a meaningful economic impact on small Regulations .01 and .03 under COMAR 08.02.11 Fishing in businesses. An analysis of this economic impact follows. Nontidal Waters. The proposed action may negatively impact the commercial fishery. Statement of Purpose Impact on Individuals with Disabilities The purpose of this action is to update and clarify existing The proposed action has no impact on individuals with disabilities. regulations for fishing in nontidal waters. The action allows for night fishing in impoundments larger than 5 acres that are stocked with Opportunity for Public Comment trout. This was accidently removed when the Fishing in Nontidal Comments may be sent to Lobster Regulations, Regulatory Staff, Waters chapter was reorganized in 2011. Fisheries Service, B-2, 580 Taylor Avenue, Annapolis, MD 21401, or The action removes Lion‘s Park Pond in Allegany County and call 410-260-8260, or email to [email protected], Avalon Pond (Lost Lake) in Baltimore County from the list of areas or fax to 410-260-8310. Comments will be accepted through November limited to individuals under 16 years of age, 65 years of age and 19, 2012. A public hearing will be held October 25, 2012, at 2 p.m., at the older, and blind persons. Both locations have handicapped facilities Worcester County Library, Ocean Pines Branch, 11107 Cathell Road that are being underutilized due to the current regulation. Both areas Ocean Pines, Maryland 21811. will be placed on the Put-and-Take Trout Fishing Areas list which will allow anglers of all ages to access the areas for fishing. .10 American Lobsters. Additional user restrictions on these areas may be established by the A. An individual who catches an egg bearing female lobster that local governing authority. measures 3-3/8 inches to 5-1/4 inches in length from the rear end of The proposed action makes several clarifications to the put and the eye socket along a line parallel to the center line of body shell take trout fishing areas. The wording for the boundaries for Bear (carapace) to the rear of the body shell shall: Creek is described better. The current wording refers to ―watershed‖ (1) Mark the lobster to the right of the center flipper as viewed and does not accurately describe the area under put-and-take from the rear of the female lobster when the underside of the lobster management. Sand Run Watershed and South Germantown Park is down with a v-shaped notch that: Pond are removed from the put and take areas because the areas are (a) Is made by means of a sharp bladed instrument; no longer stocked due to the lack of quality fishing. The closure for (b) Is at least 1/4 inch in length; North Jennings Run in Allegany County is changed so that it is (c) Is not greater than 1/2 inch in depth; and consistent with Jennings Run because the two areas are adjacent and (d) Tapers to a sharp point; and the consistent closure will enhance enforcement ability. (2) Immediately release the lobster. The action also establishes Catoctin Creek (Frederick County) [A.] B. A person may not catch, land, possess, sell, offer to sell, or within the boundaries of Catoctin Creek Park as a Delayed Harvest transport any: Trout Fishing Areas. The recently developed park contains over a (1)—(3) (text unchanged) mile of Catoctin Creek offering a much needed public stream access (4) Lobster which has an outer shell which has been speared; in southern Frederick County. Water quality and fishery data suggest [or] that the greatest trout fishing opportunities can be provided cost (5) Female lobster bearing a V-shaped notch which is: effectively with delayed harvest regulations. (a) (text unchanged) Finally, the action changes the Governors Bridge Natural Area (b) Mutilated in a manner which could hide, obscure, or Pond from a catch and return area to a limited harvest area. Limited obliterate such a mark[.] ; or harvest areas have specific size and creel limits. Management of that (6) Lobster from February 1 through March 31. pond is being changed because several electrofishing surveys have [B.] C. — [C.] D. (text unchanged) shown that the pond is overcrowded and total catch and release is not [D. A lobster trap may not exceed a volume larger than 22,950 the best management tool for that pond. cubic inches.]

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1387 Comparison to Federal Standards (b) There are no time restrictions for fishing in There is no corresponding federal standard to this proposed action. impoundments of 5 acres or more. (3) — (5) (text unchanged) Estimate of Economic Impact (6) Except as provided in §C(1) of this regulation the following I. Summary of Economic Impact. The proposed action may have areas are subject to the provisions in §B(1)—(4) of this regulation: an economic impact on bait and tackle shops. Closure

Revenue (R+/R-) Periods II. Types of Economic Expenditure (a) Allegany County: Impact. (E+/E-) Magnitude (i) — (v) (text unchanged) (vi) North Jennings Run watershed [1] 2, 3

(vii) — (xv) (text unchanged) A. On issuing agency: NONE (xvi) Lion’s Park Pond in Frostburg 0

B. On other State (b) (text unchanged) agencies: NONE (c) Baltimore County and Baltimore City: C. On local (i) Patapsco River mainstem from the B & O Viaduct 1, 3 governments: NONE upstream to [Blodes] Bloedes Dam (ii) — (viii) (text unchanged) Benefit (+) (ix) Avalon Pond (Lost Lake) 0 Cost (-) Magnitude (d) — (h) (text unchanged) (i) Garrett County:

(i) — (ii) (text unchanged) D. On regulated industries or trade groups: (iii) Bear Creek mainstem from the corner of Fish Hatchery Road and Rabbit Hollow Road downstream to Bait & tackle shops (+) Indeterminable 1, 3 the confluence with the Youghiogheny River at E. On other industries or Friendsville. trade groups: NONE (iv) — (xvi) (text unchanged) F. Direct and indirect [(xvii) Sand Run Watershed ] [0] effects on public: NONE [(xviii)] (xvii) (text unchanged) 0

III. Assumptions. (Identified by Impact Letter and Number from (j) (text unchanged) Section II.) (k) Howard County, Montgomery County, and Prince

D. Opening Lion‘s Park Pond, Avalon Pond, Catoctin Creek and George‘s County: Governor‘s Bridge Natural Areas Pond to more individuals may (i) — (iv) (text unchanged) benefit local bait and tackle shops since more people may go fishing (v) [Elkhorn Lake] Lake Elkhorn 0 in those locations. The magnitude cannot be determined because it is (vi) — (ix) (text unchanged) not known how many fish there now or who will fish there when the [(x) South Germantown Park Pond in South Germantown [0] areas are opened. Park off Schaeffer Road] [(xi)] (x) — [(xix)] (xviii) (text unchanged) Economic Impact on Small Businesses (l) — (n) (text unchanged) The proposed action has a meaningful economic impact on small businesses. An analysis of this economic impact follows. C. — D. (text unchanged) See the assumptions in Types of Economic impact for details. E. Areas Limited to Fishing by Persons Younger than 16 Years Impact on Individuals with Disabilities Old, Persons 65 Years Old or Older, and Blind Persons. The proposed action has an impact on individuals with disabilities (1) (text unchanged) as follows: (2) Areas subject to provisions of this section: The proposed action will have impact on individuals with (a) — (b) (text unchanged) disabilities by allowing more individuals to use Avalon Pond (Lost [(c) Avalon Pond, Baltimore County.] Lake) and Lion‘s Park Pond. [(d)] (c) — [(e)] (d) (text unchanged) [(f) Lion‘s Park Pond (Frostburg), Allegany County.] Opportunity for Public Comment [(g)] (e) (text unchanged) Comments may be sent to Nontidal Regulations, Regulatory Staff, F. (text unchanged) Fisheries Service, B-2, 580 Taylor Avenue, Annapolis, MD 21401, or G. Delayed Harvest Trout Fishing Areas and Requirements. call 410-260-8260, or email to [email protected], (1) Group I Delayed Harvest Trout Fishing Areas and or fax to 410-260-8310. Comments will be accepted through November Restrictions. 19, 2012. A public hearing has not been scheduled. (a) Group I Fishing Areas. (i) (text unchanged) .01 Trout Fishing and Management Areas. (ii) Catoctin Creek (Frederick County) within the A. (text unchanged) boundaries of Catoctin Creek Park. B. Put-and-Take Trout Fishing Areas. [(ii)] (iii) — [(iii)] (iv) (text unchanged) (1) (text unchanged) (b) — (c) (text unchanged) (2) Fishing Hours[—From 5:30 a.m. to 10 p.m.] . (2) (text unchanged) (a) Except as provided in §(2)(b) of this regulation, the H. (text unchanged) fishing hours are from 5:30 a.m. to 10 p.m.

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1388 .03 Special Fisheries Management Areas. Public notices (E-) $600 per year A. (text unchanged) B. On other State agencies: NONE B. Impoundments Limited to Catch-and-Return Fishing. (1) This section applies to the following areas: C. On local governments: NONE (a) (text unchanged) (b) Upper John Owings Pond in Carroll County; and Benefit (+) (c) Waterworks Park in Anne Arundel County[; and]. Cost (-) Magnitude [(d) Governor‘s Bridge Natural Area Pond (old Izaak

Walton Pond) off Governor‘s Bridge Road in Prince George‘s County.] D. On regulated industries (2) (text unchanged) or trade groups: NONE C. — D. (text unchanged) E. On other industries or E. Limited Harvest Fishing Areas. trade groups: NONE (1) (text unchanged)

(2) The areas subject to these provisions are: F. Direct and indirect (a) — (p) (text unchanged) effects on public: NONE (q) Myrtle Grove Pond, Charles County[, and]; III. Assumptions. (Identified by Impact Letter and Number from (r) South Germantown Park Pond in South Germantown Section II.) Park off Schaeffer Road[.]; and A. The average cost of printing a yellow perch notice in a major (s) Governor’s Bridge Natural Areas Pond, Prince George’s newspaper is approximately $300 for one day. The Department issues County. an average of 2 yellow perch notices per year. The Department would JOHN R. GRIFFIN save that amount by printing the notice on its website. The Secretary of Natural Resources Department will use the saved funds to promote other means of disseminating the information. Subtitle 02 FISHERIES SERVICE Economic Impact on Small Businesses The proposed action has a minimal or no economic impact on 08.02.21 Yellow Perch small businesses. Authority: Natural Resources Article, §4-215, Annotated Code of Maryland Impact on Individuals with Disabilities Notice of Proposed Action The proposed action has no impact on individuals with disabilities. [12-280-P] Opportunity for Public Comment The Secretary of Natural Resources proposes to amend Regulation Comments may be sent to Yellow Perch, Regulatory Staff, Fisheries .04 under COMAR 08.02.21 Yellow Perch. Service, B-2, 580 Taylor Avenue, Annapolis, MD 21401, or call 410- Statement of Purpose 260-8260, or email to [email protected], or fax to The purpose of this action is to amend yellow perch regulations 410-260-8310. Comments will be accepted through November 19, 2012. for better management of the fishery. The Department is proposing to A public hearing has not been scheduled. open, close, or modify a commercial season in order to manage the quota by putting notice on the reporting phone system and Fisheries .04 General Requirements. Services‘ website. Currently, the Department can open, close, or A. (text unchanged) modify a commercial season in order to manage the quota by B. Public Notice. publishing notice in a daily newspaper of general circulation at least (1) The Secretary may: 24 hours in advance, stating the effective hour and date. Newspaper (a) Modify catch limits, target harvests, registration process, deadlines have made managing the season difficult as it often takes or reporting requirements by publishing notice [in a daily newspaper longer than 48 hours to get the notice to the newspaper and have the of general circulation] on the Fisheries Service website at least 48 action become effective. Licensees are required to report daily catch, hours in advance, stating the effective hour and date; or regardless of amount, to the Department by 11:59 p.m. every day (b) Open, close, or modify a commercial season in order to through the Department-described process. The process is through a manage the quota by publishing notice [in a daily newspaper of phone system. The notice would be placed on the phone system and general circulation] on the Fisheries Service website at least 24 hours on the website at least 24 hours before it becomes effective. The in advance, stating the effective hour and date. proposed action will improve the Department‘s ability to prevent the (2) (text unchanged) harvest from exceeding the annual harvest target. C. (text unchanged) Comparison to Federal Standards JOHN R. GRIFFIN There is no corresponding federal standard to this proposed action. Secretary of Natural Resources Estimate of Economic Impact I. Summary of Economic Impact. The proposed action has an impact on the Department.

Revenue (R+/R-) II. Types of Economic Expenditure Impact. (E+/E-) Magnitude

A. On issuing agency:

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1389

Title 09 Benefit (+) DEPARTMENT OF LABOR, Cost (-) Magnitude

LICENSING, AND D. On regulated industries or trade groups: REGULATION $350 prefile mediation fee (+) $350 E. On other industries or Subtitle 03 COMMISSIONER OF trade groups: NONE F. Direct and indirect effects FINANCIAL REGULATION on public: NONE Various 09.03.12 Foreclosure Procedures for Residential III. Assumptions. (Identified by Impact Letter and Number from Property Section II.) B(1). OAH reports that it would need to increase its appropriation Authority: Real Property Article, §7-105.1[(c)(4) and (d)(2)(vii)], Annotated in reimbursable and special funds to cover the anticipated costs Code of Maryland associated with the implementation of this regulation. $242,483 Notice of Proposed Action would be needed reduce the current turnover which would enable [12-289-P] OAH to fill two vacant reimbursable fund ALJ PIN positions. OAH The Commissioner of Financial Regulation proposes to repeal also reports that $135,826 would be needed to increase current existing Regulations .01—.03 and adopt new Regulations .01—.12 special fund appropriations: $48K to reduce turnover for all ALJ under COMAR .09.03.12 Foreclosure Procedures for Residential PINS and contractual ALJ positions; $30K to construct new shelving Property. units to handle the volume of foreclosure mediation cases; $36K to At this time, the Commissioner of Financial Regulation is also purchase new air cards for ALJ‘s to utilize the Hope Loan Portal; withdrawing the repeal of existing Regulations .01—.03 and new and, $21K to purchase signature cards to be used in connection with Regulations .01—.12 under COMAR .09.03.12 Foreclosure the Hope Loan Portal during mediations. Procedures for Residential Property, as proposed in 38:21 Md. R. B(2). DHCD reports that revenues may increase as a result of 1289—1292 (October 7, 2011). prefile mediations but also reports that post file mediations may decrease by the same amount. Therefore, it is unclear what fiscal Statement of Purpose impact this regulation will have on special fund revenues with any The purpose of this action is to provide procedures for foreclosure certainty of residential property as required by Ch. 485, Acts of 2010; Ch. 355, Acts of 2011; and, Ch. 156, Acts of 2012. These proposed regulations D. It is difficult to estimate the number of requests for prefile incorporate the changes to the law made in 2012 regarding the prefile mediation. Therefore, reasonable estimates of the costs to the lending mediation process and provide form documents as directed by the industry are difficult to determine. There is a benefit to a successful General Assembly in Ch. 156. prefile mediation to both the troubled borrower and secured party by allowing a homeowner to stay in the home and, presumably, make Comparison to Federal Standards loan payments on the mortgage. The $350 prefile mediation fee may There is no corresponding federal standard to this proposed action. be passed on to the borrower which is a positive effect for the industry. Estimate of Economic Impact I. Summary of Economic Impact. This regulation has minimal F. Successful prefile mediation will benefit troubled homeowners, economic impact on the secured party or lender of $350 for each mortgage lenders, secured parties, and the public in general by borrower, which is the prefile mediation fee. However, under the allowing homeowners to stay in their homes and avoid foreclosure. regulations, the secured party may pass any part or all of the fee to Although the secured party may pass on the prefile mediation fee to the borrower. the borrower, an agreement to assist the borrower will outweigh this cost. All neighborhoods benefit from successful mediation. It is Revenue (R+/R-) difficult to estimate the savings of this program. II. Types of Economic Expenditure Economic Impact on Small Businesses Impact. (E+/E-) Magnitude The proposed action has minimal or no economic impact on small

businesses. A. On issuing agency: NONE Impact on Individuals with Disabilities B. On other State agencies: The proposed action has no impact on individuals with disabilities. (1) Office of Opportunity for Public Comment Administrative Hearings (OAH) (E+) $378,309 Comments may be sent to Cara Stretch, Director of Foreclosure (2) Dept. of Housing & Outreach, Department of Labor, Licensing, and Regulation, 500 Community Development NONE North Calvert Street, Baltimore, MD 21202, or call 410-230-6099, or C. On local governments: NONE email to [email protected], or fax to 410-333-0475. Comments will be accepted through November 19, 2012. A public hearing has not been scheduled.

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1390 NOTE: All appendices referenced in this chapter appear at (b) ―Owner-occupied residential property‖ does not include the end of the Proposed Action on Regulations section of this property secured by mortgage loans or other debt instruments if the issue of the Maryland Register. borrower is: (i) One or more persons who have made a written .01 Definitions. statement in connection with the original loan application that the A. In this chapter, the following terms have the meanings loan is for business or investment purposes; indicated. (ii) A corporation; B. Terms Defined. (iii) A limited liability company; (1) ―Addressed envelope‖ means: (iv) A joint venture; or (a) An envelope that is preprinted with the address where it (v) A partnership or a limited partnership. should be delivered; (18) ―Person‖ has the meaning stated in Financial Institutions (b) An envelope that contains a label with a preprinted Article, §11-501(p), Annotated Code of Maryland. address where it should be delivered; or (19) ―Postfile mediation‖ has the meaning stated in Real (c) An envelope with a window that will accommodate a Property Article, §7-105.1(a), Annotated Code of Maryland. visible preprinted cover page that contains an address where the (20) ―Prefile mediation‖ has the meaning stated in Real envelope should be delivered with instructions on how to use the Property Article, §7-105.1(a), Annotated Code of Maryland. cover page to display the address. (21) ―Preliminary loss mitigation affidavit‖ has the meaning (2) ―Administrative law judge‖ has the meaning stated in stated in Real Property Article, §7-105.1(a), Annotated Code of COMAR 28.02.01.02(B)(1). Maryland. (3) ―Borrower‖ means: (22) ―Record owner‖ has the meaning stated in Maryland Rule (a) A mortgagor; or 14-202(n). (b) A grantor of a deed of trust. (23) Representative of the Secured Party. (4) ―Commissioner‖ means the Commissioner of Financial (a) ―Representative of the secured party‖ means a person Regulation in the Department of Labor, Licensing, and Regulation. who has representative authority to perform the duties and (5) ―Date of default‖ means the first calendar day after the responsibilities of the secured party. borrower has failed to meet the borrower’s obligations under the (b) ―Representative of the secured party‖ does not include terms of the debt instrument where the debt instrument characterizes an attorney acting solely as legal counsel on behalf of the secured that failure as a default. party or on behalf of the representative of the secured party, unless (6) ―Debt instrument‖ means an agreement, promissory note, specifically authorized to perform the duties and responsibilities of or other evidence of a mortgage loan. the secured party. (7) ―Final loss mitigation affidavit‖ has the meaning stated in (c) ―Representative of the secured party‖ includes an Real Property Article, §7-105.1(a), Annotated Code of Maryland. attorney acting as trustee under a deed of trust. (8) ―Foreclosure mediation‖ has the meaning stated in Real (24) ―Residential property‖ has the meaning stated in Real Property Article, §7-105.1(a), Annotated Code of Maryland. Property Article, §7-105.1(a), Annotated Code of Maryland. (9) ―Housing counseling services‖ has the meaning stated in (25) ―Secured party‖ has the meaning stated in Maryland Rule Real Property Article, §7-105.1(a), Annotated Code of Maryland. 14-202(q). (10) Inspection. (26) Single Family Dwelling Unit. (a) ―Inspection‖ means a limited nonintrusive examination (a) ―Single family dwelling unit‖ means a structure to determine occupancy status of a property. principally designed for the residential habitation of one family. (b) ―Inspection‖ may include, but is not limited to: (b) ―Single family dwelling unit‖ includes an individual (i) Physical survey of the property; or residential condominium unit within a larger structure or complex, (ii) Review of loan documents, recorded instruments, regardless of the total number of individual units in that structure or court orders, public records, photos taken upon physical survey of complex. the property, or other documents identifying loan type or ownership. (c) ―Single family dwelling unit‖ does not include a (11) ―Loss mitigation analysis‖ has the meaning stated in Real structure that: Property Article, §7-105.1(a), Annotated Code of Maryland. (i) Is not intended, and has never been used, for human (12) ―Loss mitigation program‖ has the meaning stated in Real habitation; or Property Article, §7-105.1(a), Annotated Code of Maryland. (ii) Is intended for human habitation and has never been (13) ―Mediator‖ means the administrative law judge within the occupied and for which a use and occupancy permit, if required, has Office of Administrative Hearings who will serve as the neutral third never been issued. party in a foreclosure mediation. (14) ―Mortgage lender licensee‖ means a person licensed .02 Notice of Intent to Foreclose. under Financial Institutions Article, §§11-501—11-524, Annotated A. Subject to §§E and F of this regulation, a person required to Code of Maryland. send a notice of intent to foreclose under Real Property Article, §7- (15) ―Mortgage loan‖ means any loan or extension of credit 105.1, Annotated Code of Maryland, shall send a notice of intent to secured by residential property. foreclose, which shall fully conform with §B, C, or D of this (16) ―Mortgage loan originator licensee‖ means an individual regulation. licensed under Financial Institutions Article, §§11-601—11-618, B. Owner-Occupied Residential Property. Annotated Code of Maryland. (1) Subject to §C of this regulation, a notice of intent to (17) Owner-Occupied Residential Property. foreclose on owner-occupied residential property shall be in a form (a) ―Owner-occupied residential property‖ has the meaning substantially similar to that in: stated in Real Property Article, §7-105.1(a), Annotated Code of (a) Appendix A of this chapter; or Maryland.

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1391 (b) With respect to a notice of intent to foreclose from a the federal Making Home Affordable Modification Program (also secured party offering prefile mediation, Appendix A-1 of this known as ―HAMP‖), providing documentation to the borrower as chapter, as follows: required by those programs satisfies the requirement to provide a (i) Appendix A-1 shall be accompanied in the same description of the eligibility requirement for the applicable loss envelope or package by the packets of documents and forms mitigation program; and substantially similar to Schedule 1 (Prefile Mediation Packet) and (d) An addressed envelope in conformity with Regulation .07 Schedule 2 (Loss Mitigation Packet) of Appendix A-1 of this chapter. of this chapter addressed to the person (an individual, a group of (ii) Each of the documents and forms constituting individuals, or a department such a ―loss mitigation department‖) Appendix A-1, Schedule 1, and Schedule 2 as required under responsible for conducting the loss mitigation analysis on behalf of subparagraph (i) of this paragraph shall be in the sequence of the secured party for the mortgage loan. documents and forms presented in Appendix A-1, Schedule 1, and C. If the basis for the authority to foreclose on the owner-occupied Schedule 2, respectively. Appendix A-1 shall be the first in the residential property is a homeowners’ association lien, condominium sequence. Schedule 1 shall be the second in the sequence and shall be association lien, mechanic’s lien, a similar statutory or contractual directly behind Appendix A-1. Schedule 2 shall be the third in the lien, or a basis other than a mortgage loan default, a notice of intent sequence and shall be directly behind Schedule 1. Appendix A-1, to foreclose shall be in a form substantially similar to that in Schedule 1, and Schedule 2 shall be separated from each other by Appendix B of this chapter. any reasonable method that ensures that the borrower can identify D. Not an Owner-Occupied Residential Property. the forms and documents constituting each of Appendix A-1, Schedule (1) A notice of intent to foreclose on residential property that is 1, and Schedule 2. not an owner-occupied residential property shall be in a form (iii) The Loss Mitigation Application and Instruction substantially similar to that in Appendix C of this chapter. required in Schedule 2 of Appendix A-1 may be in the form (2) A notice of intent to foreclose under §D(1) of this regulation authorized under Regulation .06 of this chapter. shall be sent to the borrower and record owner only if the secured (2) For purposes of the notice set forth in §B(1) of this party, or representative of the secured party, has a reasonable belief regulation, the names and license numbers of mortgage lender that the residential property is not owner-occupied residential licensees and mortgage loan originator licensees are required to be property. included in the notice only if this information is included on or (3) If the borrower or record owner contests the determination recorded with the security instrument securing the mortgage loan that the residential property is not owner-occupied residential related to the notice, or is otherwise known to the person sending the property, and it is determined that the residential property is owner- notice. If the mortgage lender was exempt from licensure under occupied residential property, the secured party shall send the Financial Institutions Article, §11-501 et seq., Annotated Code of appropriate notice of intent to foreclose in compliance with Real Maryland, at the time the mortgage loan was made, then a mortgage Property Article, §7-105.1, Annotated Code of Maryland, and this lender license number is not required under this section. If the regulation. mortgage loan originator was exempt from licensure under Financial E. Filing Electronically. A person required to send the Institutions Article, §11-601 et seq., Annotated Code of Maryland, at Commissioner a copy of a notice of intent to foreclose under Real the time the mortgage loan was originated, then a mortgage lender Property Article, §7-105.1, Annotated Code of Maryland, shall meet license number is not required under this section. that requirement by making an electronic submission within 5 (3) The notice of intent to foreclose may include a separate business days of mailing a notice of intent to foreclose through the addendum, sequenced at the end of the notice of intent to foreclose, Commissioner’s Notice of Intent to Foreclose Electronic System (the with additional information, a notice, or advice relating to default ―System‖). The System is located at that is required in advance of commencement of a foreclosure by a https://www.dllr.state.md.us/NOI/web/content/Home.aspx; a link is covenant of the deed of trust or mortgage that is the subject of the also available on the Commissioner’s website at notice, or by the servicer, investor, insurer, or government regulator http://www.dllr.state.md.us/finance. guidelines applicable to the deed of trust or mortgage that is the F. The secured party, or representative of the secured party, shall subject of the notice, provided the additional information, notice, or include all information required in a form provided for under §B, C, advice does not contradict any information required to be contained or D of this regulation in the spaces indicated by brackets and blank in the notice of intent to foreclose. lines. (4) The notice of intent to foreclose shall be accompanied in the G. The Commissioner shall retain an electronic copy of all same envelope or package by: submissions made on the System for at least 6 months. (a) A loss mitigation application for loss mitigation programs that are applicable to the loan secured by the mortgage or .03 Preliminary Loss Mitigation Affidavit. deed of trust that is the subject of the notice. If the secured party does A. Subject to §B of this regulation, a preliminary loss mitigation not have its own loss mitigation application, the secured party shall affidavit required by Real Property Article, §7-105.1(h)(3), use the form of loss mitigation application set forth in Regulation .06 Annotated Code of Maryland, and this chapter shall be in a form of this chapter; substantially similar to that in Appendix D of this chapter. (b) Instructions for completing the loss mitigation B. The secured party, or representative of the secured party, shall application with a telephone number to call to confirm receipt by the include all information required in the form provided for under §A of secured party, or representative of the secured party, of the this regulation in the spaces indicated by blank lines. completed application; .04 Final Loss Mitigation Affidavit. (c) A description of the eligibility requirements for the loss A. Subject to §B of this regulation, a final loss mitigation affidavit mitigation programs offered by the secured party that may be required by Real Property Article, §7-105.1(h)(4), Annotated Code of applicable to the loan secured by the mortgage or deed of trust that is Maryland, and this chapter shall be in a form substantially similar to the subject of the notice. If the mortgage loan is owned, securitized, that in Appendix E of this chapter. insured, or guaranteed by the Federal National Mortgage B. The secured party, or representative of the secured party, shall Association, Federal Home Loan Mortgage Corporation, or Federal include all information required in the form provided for under §A of Housing Administration, or if the servicing agent is participating in this regulation in the spaces indicated by blank lines. MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1392 .05 Postfile Foreclosure Mediation. (5) The sequence requirements of §A(2) and (3) of this A. Subject to §B of this regulation, a request for postfile mediation regulation apply only to the papers and documents sent to the required by Real Property Article, §7-105.1(h)(4), Annotated Code of borrower. Maryland, and this chapter shall be in a form substantially similar to B. Notice of Filing to Accompany a Final Loss Mitigation that in Appendix F of this chapter. Affidavit. B. The secured party, or representative of the secured party, shall (1) A form substantially similar to that in Appendix H-2 of this include all information required in the form provided for under §A of chapter shall be used to comply with the notice of filing requirement this regulation in the spaces indicated by blank lines. when accompanying a final loss mitigation affidavit and the form used under this chapter to request postfile mediation, as well as an .06 Loss Mitigation Application and Instructions. order to docket or complaint to foreclose, as required by Real A secured party, or representative of the secured party, that does Property Article, §7-105.1, Annotated Code of Maryland. not have its own loss mitigation application shall use a loss (2) The form used under this section to comply with the notice mitigation application in a form substantially similar to that in of filing requirement to accompany a final loss mitigation affidavit Appendix G of this chapter. shall be the first in the sequence of papers and documents in the .07 Addressed Envelope. packet sent to the borrower, and shall be on yellow paper. A. The following addressed envelopes are required by this chapter (3) The form used under this chapter to request postfile and shall be in the form and include the information set forth in this mediation shall be the second in the sequence of papers and regulation. documents in the packet sent to the borrower and shall be directly B. Required Addressed Envelopes. behind the form used under §A of this regulation. (1) An addressed envelope accompanying the Notice of Intent (4) The final loss mitigation affidavit shall be the third in the to Foreclose shall be directed to the person responsible for sequence of papers and documents in the packet sent to the borrower conducting loss mitigation analysis on behalf of the secured party and shall be directly behind the form used under this chapter to (the person may be an individual, a group of individuals, or a request postfile mediation. department such as a ―loss mitigation department‖). (5) The remainder of the papers and documents in the packet (2) An addressed envelope accompanying the Preliminary Loss sent to the borrower may be in any other sequence. Mitigation Affidavit (if applicable) shall be directed to the (6) The sequence requirements of §B(2), (3), and (4) of this foreclosure attorney handling the foreclosure on behalf of the regulation apply only to the papers and documents sent to the secured party. borrower. (3) The two addressed envelopes accompanying the Final Loss C. Notice of Filing with Respect to Borrowers Who Have Mitigation Affidavit shall include: Participated in Prefile Mediation. (a) In the case of the addressed envelope to be mailed to the (1) A form substantially similar to that in Appendix H-3 of this clerk of the court with a request for postfile mediation: chapter shall be used to comply with the notice of filing requirement (i) The address of the Clerk of the Court; and when accompanying an order to docket or complaint to foreclose for (ii) The words ―Request for Foreclosure Mediation‖ on owner-occupied residential property with respect to which the the face of the addressed envelope in at least 14-point bold type; and borrower has participated in prefile mediation that has not resulted (b) For the addressed envelope to be mailed to the in a prefile mediation agreement, as required by Real Property foreclosure attorney in connection with a request for postfile Article, §7-105.1, Annotated Code of Maryland. mediation, the address of the foreclosure attorney handling the (2) A form substantially similar to that in Appendix H-4 of this foreclosure on behalf of the secured party. chapter shall be used to comply with the notice of filing requirement C. A copy of any addressed envelope described in this regulation when accompanying an order to docket or complaint to foreclose for need not be filed with the Clerk of the Court. owner-occupied residential property with respect to which the D. A secured party or representative of a secured party may borrower has participated in prefile mediation that has resulted in a include with Appendix A-1 addressed envelopes for any necessary prefile mediation agreement, as required by Real Property Article, notices or mailings by the borrower. §7-105.1, Annotated Code of Maryland. D. Notice of Filing for Non Owner-Occupied Properties. A form .08 Notice of Filing. substantially similar to that in Appendix H-5 of this chapter shall be A. Notice of Filing to Accompany a Preliminary Loss Mitigation used to comply with the notice of filing requirement when Affidavit. accompanying an order to docket or complaint to foreclose with (1) A form substantially similar to that in Appendix H-1 of this respect to a property that is not an owner-occupied residential chapter shall be used to comply with the notice of filing requirement property, as required by Real Property Article, §7-105.1, Annotated when accompanying a preliminary loss mitigation affidavit, as well Code of Maryland. as an order to docket or complaint to foreclose, as required by Real Property Article, §7-105.1, Annotated Code of Maryland. .09 Prefile Mediation Process. (2) The form used under this regulation to comply with the A. A borrower who elects to accept a secured party’s offer to notice of filing requirement to accompany a preliminary loss participate in prefile mediation in accordance with Real Property mitigation affidavit shall be the first in the sequence of papers and Article §7-105.1, Annotated Code of Maryland, shall send to the documents in the packet sent to the borrower. secured party or the identified representative of the secured party the (3) The preliminary loss mitigation affidavit shall be the second completed and signed application for prefile mediation included in in the sequence of papers and documents in the packet sent to the Schedule 1 to Appendix A-1 within 25 days after the date on which borrower and shall be directly behind the form used under this the notice of intent to foreclose was mailed by the secured party. The section. instructions for the prefile mediation application shall include a (4) The remainder of the papers and documents in the packet telephone number to confirm receipt by the secured party or the sent to the borrower may be in any other sequence. secured party’s representative of the application. B. Within 5 business days after the date on which the secured party or the identified representative of the secured party receives an

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1393 application for prefile mediation from a borrower, the secured party D. Designee Language. Each mediation agreement resulting from or the representative of the secured party shall notify the Office of prefile mediation shall include the following statements in 14 point, Administrative Hearings that the borrower has submitted an bold type: application for prefile mediation. The notification shall be in a form [Name of borrower] is not entitled to postfile mediation unless substantially similar to that in Appendix I. otherwise agreed in this agreement. C. The obligation of the Office of Administrative Hearings to [Name of borrower] may call [Insert name and address of schedule a mediation session arises upon the receipt of notice from designee] to report a change of financial circumstances that could the secured party required under §B of this regulation. affect [name of borrower’s] ability to carry out the terms of this D. The Office of Administrative Hearings shall conduct the agreement. mediation session within 60 days after the receipt of the notice E. Appearance. required under §B of this regulation from the secured party unless a (1) At a scheduled foreclosure mediation, the secured party, or postponement, requested in accordance with Appendix OAH-2 of this a representative of the secured party, shall be present in person or by chapter, is granted. telephonic means for the entirety of the foreclosure mediation in E. The total fee for prefile mediation is $350. In accordance with accordance with COMAR 28.02.01.20B. instructions from the Department of Housing and Community (2) If the secured party, or a representative of the secured Development, the secured party shall pay the full amount of the $350 party, fails to appear for the entirety of the foreclosure mediation, prefile mediation fee to the Housing Counseling and Foreclosure then the secured party shall be deemed to have failed to appear Mediation Fund established under Housing and Community pursuant to COMAR 28.02.01.23. Development Article, §4-507, Annotated Code of Maryland. The (3) In the case of postfile mediation, if the mediator determines secured party may elect to pay the prefile mediation fee on behalf of that a party fails to appear at a scheduled foreclosure mediation, the homeowner or collect all or any portion of the $350 fee as part of then the mediator shall file a notice with the appropriate circuit court the resolution of the mortgage loan through prefile mediation or stating such a finding. foreclosure, as applicable. F. Filing Electronically. The Commissioner may allow the submission of information and documents required for the .10 Office of Administrative Hearings. foreclosure mediation under this regulation by an electronic method. A. Borrower Information Worksheet and Instructions. (1) With respect to a scheduled prefile mediation session, the .11 Time. Office of Administrative Hearings shall provide the Borrower(s) In computing any period of time prescribed by this chapter, Information Worksheet and the instructions regarding the documents Maryland Rule 1-203 shall apply. and information that must be provided by each party to the other and to the Office of Administrative Hearings in a form substantially .12 Filing of Duplicate Forms. similar to that in Appendix OAH-1 of this chapter. Any affidavit, application, or other form submitted to a circuit (2) With respect to a scheduled postfile mediation session, the court as required by this chapter may be a duplicate of the original Office of Administrative Hearings shall provide the Borrower(s) affidavit, application, or other form. Information Worksheet and the instructions regarding the documents ANNE BALCER NORTON and information that must be provided by each party to the other and Deputy Commissioner of Financial Regulation to the Office of Administrative Hearings in a form substantially similar to that in Appendix OAH-2 of this chapter. B. Housing Counseling. (1) The certification of housing counseling shall be in the form, Title 10 and shall be delivered to the Office of Administrative Hearings at the time, required by COMAR 05.19.02.02. DEPARTMENT OF HEALTH (2) At the option of the secured party, a borrower who fails to deliver the housing counseling certification may sign a borrower AND MENTAL HYGIENE certification of housing counseling in a form substantially similar to that in Appendix OAH-5 of this chapter. Subtitle 54 SPECIAL SUPPLEMENTAL (3) At the option of the secured party, the secured party may NUTRITION PROGRAM FOR waive the housing counseling certification at the prefile mediation session by signing the waiver of housing counseling in a form WOMEN, INFANTS, AND CHILDREN substantially similar to that in Appendix OAH-6 of this chapter. (WIC) (4) Housing counseling services provided in accordance with Real Property Article, §7-105.1(d)(10), Annotated Code of Maryland, 10.54.03 Retail Food and Pharmacy Vendors shall comply with the National Industry Standards for Foreclosure Counseling created by the Advisory Council for the National Industry Authority: Health-General Article, §18-107(a), Annotated Code of Maryland Standards for Homeownership Education and Counseling. Notice of Proposed Action C. Mediation Checklist. [12-283-P] (1) The mediation checklist required by Real Property Article, The Secretary of Health and Mental Hygiene proposes to amend §7-105.1(d)(10), Annotated Code of Maryland, to be used in a prefile Regulations .04, .09-1, .10, .11, .13—.16, and .19 under COMAR mediation shall be in a form substantially similar to that in Appendix 10.54.03 Retail Food and Pharmacy Vendors. OAH-3 of this chapter and may, as applicable, include Appendix OAH-5 or Appendix OAH-6. Statement of Purpose (2) The mediation checklist required by Real Property Article, The purpose of this action is to reduce price determinations in §7-105.1(l), Annotated Code of Maryland, to be used in a postfile order to strengthen program options for vendor cost containment, as mediation shall be in a form substantially similar to that in Appendix well as remove a requirement that the State agency provide the OAH-4 of this chapter. current maximum price payable for food instruments. Authorization

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1394 requirements for WIC vendors in order to prevent a disqualified K. In order to determine whether the vendor applicant seeks vendor from circumventing a sanction through a change of ownership authorization in order to circumvent sanctions imposed on a vendor and methodology to be used to determine a vendor‘s eligible food by the State agency, the State agency shall review the totality of the sales revenue have been added. Also, proposed regulations revise: the circumstances and may consider whether the: maximum reimbursement to vendors; certain WIC-authorized foods; (1) Vendor applicant is related to the former vendor; certain minimum stocking requirements; the maximum monetary (2) Former vendor or a relative of the former vendor is penalty for violations for a vendor; vendor sanctions; and certain involved in the operation of the store; required vendor practices. (3) Former vendor or a relative of the former vendor is a director, officer, or otherwise part of the entity that will own the Comparison to Federal Standards store; and There is a corresponding federal standard to this proposed action, (4) Business was sold for fair market value. but the proposed action is not more restrictive or stringent. .09-1 Price Determinations. Estimate of Economic Impact A. The WIC Program shall calculate: The proposed action has no economic impact. [A.] (1)—[B.] (2) (text unchanged) Economic Impact on Small Businesses B. The WIC Program may implement price determinations that The proposed action has minimal or no economic impact on small are applicable statewide, or to specific peer groups, provided that businesses. vendors receive 30 days notice of the intended determination. Impact on Individuals with Disabilities .10 Food Package Prices After Authorization. The proposed action has no impact on individuals with disabilities. A.—G. (text unchanged) H. For the purpose of cost containment, the State agency shall Opportunity for Public Comment assign to an above 50 percent vendor peer group a vendor that is Comments may be sent to Michele Phinney, Director, Office of determined by the State agency, through a comparison of the Regulation and Policy Coordination, Department of Health and vendor‘s gross annual sales, food stamp eligible sales, and WIC Mental Hygiene, 201 W. Preston Street, Room 512, Baltimore, redemptions, to derive more than 50 percent of the vendor‘s [annual] Maryland 21201, or call 410-767-6499 (TTY 800-735-2258), or eligible food sales revenue from the redemption of WIC food email to [email protected], or fax to 410-767-6483. instruments. Comments will be accepted through November 19, 2012. A public I. For the purpose of cost containment, the State agency: hearing has not been scheduled. (1) Shall use only use the methodology provided by the U.S. .04 Authorization Requirements. Department of Agriculture, Food Nutrition Service to ascertain A.—D. (text unchanged) whether or not the vendor derives more than 50 percent of the E. In order to receive authorization from the State agency, a vendor’s eligible food sales revenue from the redemption of WIC food pharmacy shall: instruments; and (1) Adhere to the requirements set forth in §C(1), (3), and (5) (2) May reject information submitted by a vendor to — (10) of this regulation; [and] demonstrate that it does not derive more than 50 percent of the (2) Hold a current permit to operate as a pharmacy issued by vendor’s eligible food sales revenue from the redemption of WIC food the State Board of Pharmacy; and instruments. (3) Only accept WIC food instruments prescribing infant .11 Maximum Reimbursement to Vendors. formula. A. Food Store, Food Store/Pharmacy Combination, and Pharmacy F. (text unchanged) Vendors. G. A vendor applicant or vendor may not apply for authorization if [(1)] The State agency shall establish a maximum price payable it: for each food instrument, which shall be calculated as follows: (1)—(2) (text unchanged) [(a)] (1)—[(b)] (2) (text unchanged) (3) Derives or will derive after commencement of business [(c)] (3) Except as provided in §C of this regulation, the more than 50 percent of the vendor‘s or applicant‘s [annual] eligible maximum price payable for a food instrument prescribing infant food sales revenue from food purchased with WIC food instruments, formula [is equal to] shall be: with the exception of a nonprofit entity. (a) Equal to 125 percent of the peer group averages as H. (text unchanged) determined by the WIC Management Information System calculation I. A vendor applicant may not apply for authorization in order to for the individual food items on the food instrument; or circumvent sanctions imposed by the State agency on a previous (b) Limited to an amount determined by the Program. vendor including those stated in §H of this regulation. [(2) The State agency shall provide, upon request, the current J. The vendor applicant shall provide to the State agency maximum price payable for each food instrument.] documents that demonstrate the vendor applicant has submitted the B.—C. (text unchanged) application in good faith including but not limited to: (1) A copy of the sales agreement including but not limited to .13 WIC-Authorized Foods. the sales price; A food store or food store/pharmacy combination vendor shall (2) Names and addresses of the owners, directors, managers, redeem food instruments for the following foods: and other decision makers of the store, including whether any of A. Fruits and vegetables: these people are related to the vendor who has been sanctioned; and (1) (text unchanged) (3) A copy of the deed for the store. (2) Frozen, including organic; and (3) (text unchanged) B. Adult cereal in the following brands: (1) General Mills cereals, limited to: (a) Cheerios, plain; and

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1395 [(b) Cheerios, Multi-grain plus; J. Unsweetened 100-percent juice in [59-ounce to] 64-ounce (c) Corn Chex;] containers in the following varieties and brands: [(d)] (b) (text unchanged) (1)—(2) (text unchanged) [(e) Multi-Bran Chex; (3) Pineapple[, any brand;]: (f) Rice Chex; (a) Best Yet; (g) Total Whole Grain; (b) Food Lion; (h) Wheat Chex; and (c) Hannaford; and (i) Wheaties, plain;] (d) Shurfine; (2) Kellogg‘s cereals, limited to: (4) Apple: (a)—(b) (text unchanged) (a) (text unchanged) (c) [Crispix;] Frosted Mini Wheats Bite Size; (b) [Seneca] Best Yet; (d)—(f) (text unchanged) (c) [Apple & Eve] Food Lion; [and] (3) B&G Foods Cream of Wheat: (d) [Juicy Juice] Giant Eagle; (a) (text unchanged) (e) Hannaford; (b) [1/2] 1 minute; (f) Market Pantry; (c)—(e) (text unchanged) (g) My Essentials; (4) Post cereals, limited to: (h) Shop Rite; (a) [Banana Nut Crunch;] Lightly Frosted Shredded Wheat; (i) Shurfine; (b) [Bran Flakes;] Honey Nut Shredded Wheat; (j) Valu Time; and (c) (text unchanged) (k) Wegmans; (d) [Grape-Nut] Grape-Nuts Flakes; and (5) [Purple] Grape: (e) Honey Bunches of Oats (honey roasted, almond, (a) (text unchanged) cinnamon [clusters] bunches, vanilla [clusters] bunches); [and] (b) [Seneca] Best Yet; (5) Quaker cereals, limited to: (c) [Welch‘s] Food Lion; [and] (a) (text unchanged) (d) (text unchanged) (b) Instant Grits, original flavor; [and] (e) Giant; (c) Instant Oatmeal, [regular] original flavor; (f) Giant Eagle; (d) Brown Sugar Oatmeal Squares; and (g) Harris Teeter; (e) Life; (h) Valu Time; and (6) Malt-O-Meal cereals, limited to: (i) Wegmans; (a) Oat Blenders Honey; [(6) Welch‘s Red Grape; (b) Oat Blenders Honey and Almonds; (7) White Grape: (c) Crispy Rice; and (a) Old Orchard; (d) Hot Wheat Cereal; and (b) Welch‘s; and (7) Farina Mills cereals, limited to Hot Wheat Cereal; (c) Juicy Juice; C. (text unchanged) (8) Shelf stable concentrate, 100 percent unsweetened juice in D. Regular and [lowfat] reduced fat domestic cheese in store the following brands and varieties: brand when available (a) Apple; including: (b) Welch‘s; and (1)—(2) (text unchanged) (c) Juicy Juice; and] [(3) Cubed;] (6) Vegetable: [(4)] (3) The following varieties: (a) Best Yet; (a)—(b) (text unchanged) (b) Diane’s Garden; [(c) Colby;] (c) Giant; [(d)] (c) (text unchanged) (d) Great Value; [(e)] (d) [Mozarella;] Mozzarella; and (e) Hannaford; [(f) Muenster; (f) Harris Teeter; and (g) Provolone, including natural; and] (g) V8; [(h)] (e) Swiss; [and] (7) Tomato: [(5)Any combination of the above varieties of cheese;] (a) Campbell’s; E. Beans, store brand when available: (b) Food Lion; (1) Unflavored dry beans, lentils, or peas in [1-pound packages] (c) Giant; 16-ounce bags; [and] (d) Great Value; (2) Unflavored beans, lentils, or peas in 14-ounce to 16-ounce (e) Hannaford; cans; and (f) Harris Teeter; [(2)] (3) (text unchanged) (g) Market Pantry; and F. Eggs, store brand when available: (h) Shursaving; and (1)—(2) (text unchanged) [(9)] (8) (text unchanged) G. (text unchanged) K. Frozen concentrate 100-percent juice in the following brands H. Infant fruits and vegetables in brand, type, and size prescribed and varieties: on a food instrument, store brand if available: (1) Orange, any brand; [and] (1)—(2) (text unchanged) (2) (text unchanged) I. Infant meat in brand, type, and size prescribed on a food (3) Apple: instrument, store brand if available: (a) Old Orchard; [and] (1)—(2) (text unchanged) (b) (text unchanged)

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1396 (c) Best Yet; .14 Minimum Required Stock. (d) Food Lion; A. A food store or food store/pharmacy combination vendor shall (e) Hannaford; and maintain in the store during regular business hours the following (f) My Essentials; minimum stock: (4) Pineapple: (1) Fluid milk: (a) (text unchanged) (a) 4 gallons [and 2 quarts] whole; and (b) Old Orchard; and (b) 10 gallons [and 2 quarts] 1-percent or 10 gallons [and 2 (5) [Purple] Grape: quarts] fat-free; (a) (text unchanged) (2)—(3) (text unchanged) (b) [Seneca] Best Yet; and (4) 100-percent fruit juice: (c) Welch‘s; [and (a)—(b) (text unchanged) (6) White Grape: (c) Six [59-ounce to] 64-ounce [cans] containers; (a) Old Orchard; and (5) (text unchanged) (b) Welch‘s;] (6) Any brand of infant fruits and vegetables in [32] 16 3.5- L. Fluid milk of the following varieties in gallons [or quarts], store ounce to 4-ounce containers: brand when available: (a)—(c) (text unchanged) (1)—(3) (text unchanged) (7)—(14) (text unchanged) M. The following kinds of milk as prescribed on a food (15) Infant formula: instrument, store brand when available: (a) [42] 16 13-ounce cans, or cans of current can size, of (1) (text unchanged) liquid concentrate infant formula containing DHA/RHA as specified (2) Powdered (nonfat, whole, or dry); by the WIC infant formula rebate contract; (3) Evaporated (whole or [skim] nonfat); (b) [12] 24 [16] 12.4-ounce cans, or cans of current can size, (4) (text unchanged) of powdered infant formula containing DHA/RHA as specified by the (5) Kosher [milk]; WIC infant formula rebate contract; N. Any brand of canned tuna, salmon, or sardines packed in water, (c) (text unchanged) store brand when available: (d) Six [14] 12.4-ounce cans, or cans of current can size, of (1) (text unchanged) soy-based powdered infant formula containing DHA/RHA as (2) Salmon in 5-ounce[, 6-ounce, or] to 7.5-ounce cans; and specified by the WIC infant formula rebate contract. (3) (text unchanged) B. (text unchanged) O. Any brand of peanut butter, store brand when available: (1)—(6) (text unchanged) .15 Required Vendor Practices. P. 100-percent whole wheat rolls or bread in 15-ounce to 16-ounce A. (text unchanged) packages: B. General Requirements. (1) Store brand when available; (1) A vendor shall: (2) Label shall read ―100% Whole Wheat‖; or (a) (text unchanged) (3) The following whole grain breads: (b) Post the State agency’s WIC sign, or a vendor developed (a) Acme 100% Whole Grain Bread; WIC sign that the State agency has approved for use, in a (b) Nature’s Own 100% Whole Grain Wheat Sugar Free conspicuous place on the store premises and use other materials Bread; provided or approved by the WIC program; (c) Pepperidge Farm Very Thin Whole Wheat Bread; (c)—(r) (text unchanged) (d) Roman Meal Sungrain 100% Whole Wheat Bread; (2)—(3) (text unchanged) (e) Schmidt Old Tyme 100% Whole Wheat Whole Grain C. Transactional Requirements. Bread; and (1)—(2) (text unchanged) (f) Stern’s Whole Wheat Bread; (3) A vendor may not provide solely to participants incentive Q. Brown rice in [14-ounce to]: items or other free merchandise, including food [or merchandise of (1) 16-ounce packages; and nominal value in an amount greater than $2, unless the vendor (2) Store brand when available; provides to the Program proof of obtaining the incentive items or R. Soft corn or whole wheat tortillas in 16-ounce packages in the merchandise at no cost to the Program]. following varieties: (4) (text unchanged) (1) [Corn; and] Buena Vida Whole Grain; D. (text unchanged) (2) [Whole wheat;] Carlita Corn or 100% Whole Wheat; .16 Vendor Sanctions. (3) Celia’s Corn; A. The Program shall sanction a vendor that fails to comply with a (4) ChiChi’s White Corn or Whole Wheat; required practice in Regulation .15B(1)(a)—(f), (2)(f)—(h), and (5) Don Pancho White Corn or Whole Wheat; C(1)(a)—(f) and (h), and (2)(a)—(c) of this chapter as follows: (6) La Burrita Yellow Corn; (1) (text unchanged) (7) La Banderita White Corn or Whole Wheat; (2) [Suspension of authorization] Disqualification for 1 year for (8) Mission Yellow Corn or Whole Wheat; three violations of the same provisions within a 1-year period; and (9) Ortega Whole Wheat; (3) [Suspension of authorization] Disqualification for 1 year for S. Soy beverages if prescribed on a food instrument, in the a combination of 5 violations within a 1-year period. following brands and varieties: B. The Program shall sanction a vendor that fails to comply with a (1) (text unchanged) required practice in Regulation .15B(1)(g)—(k) and (2)(b), C(1)(i)— (2) Pacific Natural Foods Ultra Soy [Brans] Brands, quarts, [(m)](n), (2)(e)—[(h)](f), and (3), and D(1)(a)—(b) and (e) of this plain, shelf-stable; and chapter as follows: T. (text unchanged) (1) (text unchanged)

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1397 (2) [Suspension of authorization] Disqualification for 1 year for shall regain authorization after successfully completing the a pattern of violations of the same provision within a 12-month authorization process as set forth in Regulation .04 of this chapter. period. Q. (text unchanged) C. The Program shall sanction a vendor that fails to comply with a R. Any adverse action taken by the Food Stamp Program will be required practice in Regulation .15B(1)(l) and (n)—(r) and (2)(c) and reciprocated by the Program to include disqualification and if (e), C(1)(o) [and (2)(g)], and D(1)(f) and (2)(b) of this chapter by applicable, imposing a civil monetary penalty. [suspending] disqualifying the [vendor‘s authorization] vendor for 1 year. .19 Participant Hardship. D. The Program shall sanction a vendor that fails to comply with a A.—D. (text unchanged) required practice in Regulation .15C(2)(i) of this chapter by E. The maximum monetary penalty for each: [suspending] disqualifying the [vendor‘s authorization] vendor for 3 (1) (text unchanged) years. (2) Investigation that detected violations that would have E. The Program shall sanction a vendor that fails to comply with a resulted in suspension or disqualification is [$44,000] $49,000. required practice in Regulation .15C(2)(h) or (j) of this chapter by F.—H. (text unchanged) [suspending] disqualifying the [vendor‘s authorization] vendor for 6 JOSHUA M. SHARFSTEIN, M.D. years. Secretary of Health and Mental Hygiene F. (text unchanged) G. The Program shall sanction a vendor that fails to comply with a required practice in Regulation .15B(2)(a), C(2)(d) and (g), and D(1)(c)—(d) and (2)(c) of this chapter by: Title 15 (1) (text unchanged) (2) [Suspending] Disqualifying the [vendor‘s authorization] DEPARTMENT OF vendor for 3 years for two or more violations in any 6-month period. H. The Program shall sanction a vendor that fails to comply with AGRICULTURE the required practice in Regulation .15C(1)(g) or D(2)(a) of this chapter by [suspending] disqualifying the [vendor‘s authorization] Subtitle 01 OFFICE OF THE vendor for 1 year. SECRETARY I. (text unchanged) J. The Program shall: 15.01.05 Cost Sharing ― Water Pollution (1) [Suspend the authorization of] Disqualify a vendor that has Control Program been suspended, disqualified, or assessed a monetary penalty by the Food Stamp Program in violation of Regulation .15B(1)(m) of this Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated chapter for the same length of time as the Food Stamp Program Code of Maryland; Ch. 306, Acts of 1982 (Uncodified) disqualification; or Notice of Proposed Action (2) (text unchanged) [12-279-P] K. The Program may not accept a vendor‘s voluntary cancellation The Secretaries of Agriculture and Environment jointly propose to of the vendor‘s authorization in lieu of a [suspension or] amend Regulations .02, .09, and .10 under COMAR 15.01.05 Cost disqualification. Sharing — Water Pollution Control Program. L. (text unchanged) M. The State shall notify the USDA of a [suspension,] Statement of Purpose disqualification[,] or monetary penalty: The purpose of this action is to implement Ch. 428 (House Bill (1)—(2) (text unchanged) 1303), Laws of Maryland 2012, increasing the maximum amount of N. If a vendor is [suspended or] disqualified[,] or has been State cost sharing for certain water pollution control projects and assessed a monetary penalty because of multiple violations in a single general State cost sharing for water pollution control. This action also investigation, the Program shall: requires cost share applicants to agree to allow representatives of the (1) (text unchanged) Department of Agriculture reasonable access to a project site and (2) Include the following in its notice to USDA: corrects a misspelling. (a) (text unchanged) (b) The length of any [suspension or] disqualification; Comparison to Federal Standards (c)—(d) (text unchanged) There is no corresponding federal standard to this proposed action. O. Sale of a Vendor‘s Store Under [Suspension or] Estimate of Economic Impact Disqualification. I. Summary of Economic Impact. The proposed action will have [(1)] If the store under [suspension] disqualification is sold, the a positive impact on farms and construction contractors who install person who sells the store is subject to a civil monetary penalty in an approved best management practices. The increased dollar limit for amount to reflect that portion of the [suspension] disqualification that approved cost share projects will allow farmers to leverage a greater has not expired, to be calculated using the method set forth in portion of their construction costs, assist farmers with potential Regulation .19 of this chapter except using 120 for the number of increased costs to address nutrient management requirements, and months. accommodate system design changes to adapt to new or improved [(2) If a person sells a store under disqualification, the State nutrient management technologies. Contractors who install best agency shall calculate the civil monetary penalty using the method set management practices may benefit from any increased demand. forth in Regulation .19 of this chapter except using 120 for the number of months.] P. Upon completion of the period of [suspension and successful completion of an on-site review, a vendor shall regain authorization without the necessity of reapplication.] disqualification a vendor

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1398

Revenue (R+/R-) .09 Project Supervision. A. (text unchanged) II. Types of Economic Expenditure B. An applicant shall agree to allow district, Department, and U.S. Impact. (E+/E-) Magnitude Department of Agriculture—Natural Resource Conservation Service

representatives reasonable access to the project site for the purpose of A. On issuing agency: (E+) Unknown site inspection and for reviewing the applicant‘s project records. C. (text unchanged) B. On other State agencies: NONE C. On local governments: NONE .10 Distribution of Cost Sharing Funds. A. — D. (text unchanged) E. Distribution. Benefit (+) (1) (text unchanged) Cost (-) Magnitude [(2)The cost share payments made under this program for multiple projects, not including animal waste storage or treatment projects, may not exceed $75,000 per farm per person. D. On regulated industries (3) Except as otherwise provided in §E(4) and (5) of this or trade groups: (+) Unquantified regulation, the payment made under this program for a single project E. On other industries or not covered by a pooling agreement may not exceed $35,000, and the trade groups: (+) Unquantified payment for a single project covered by a pooling agreement may not F. Direct and indirect exceed $75,000.] effects on public: (+) Unquantified (2) Except as otherwise provided in §E(4) and (5) of this regulation, the payment made under this program for a single project III. Assumptions. (Identified by Impact Letter and Number from not covered by a pooling agreement may not exceed $50,000, and the Section II.) payment for a single project covered by a pooling agreement may not A. It is unknown how many farmers will apply. Increasing funding exceed $100,000. cap means MACS may distribute more funds for animal waste (3) The cost share payments made under this program for storage BMPs to farmers, but it will not change administrative costs. multiple projects, not including animal waste storage or treatment D. More farmers will become eligible for cost sharing assistance, projects, may not exceed $150,000 per farm per person. with more conservation practices to be installed using small (4) The payment made under this program for one animal contractors and construction companies in each county. waste storage or treatment project may not exceed $200,000. The payment made for [one or more] all animal waste storage or treatment E. More farmers will become eligible for cost sharing assistance, projects may not exceed [$100,000] $300,000 per farm per person. If with more conservation practices to be installed using small other projects in addition to animal waste storage and treatment are contractors and construction companies in each county. implemented on the farm, the total payment made under the program F. The public will benefit from the proposal through improved for all of the other types of projects may not exceed $150,000 per water quality and environmental conditions in local rivers and farm per person. streams. The quality of life of Marylanders will improve by virtue of (5) If an animal waste storage or treatment project is healthy local water bodies and additional measures toward a restored constructed under a pooling agreement, the payment may not exceed Chesapeake Bay. [$100,000] $200,000. [If projects other than animal waste storage or treatment are implemented, the total payment for these other projects Economic Impact on Small Businesses may not exceed $75,000 per farm per person, and the total payment The proposed action has a meaningful economic impact on small for all projects may not exceed $150,000 per farm per person.] business. An analysis of this economic impact follows. (6) (text unchanged) More farmers will become eligible for cost sharing assistance, with F. — I. (text unchanged) more conservation practices to be installed using small business contractors in each county. EARL F. HANCE Secretary of Agriculture Impact on Individuals with Disabilities ROBERT M. SUMMERS, Ph.D. The proposed action has no impact on individuals with disabilities. Secretary of the Environment Opportunity for Public Comment Comments may be sent to Louise Lawrence, Chief, Office of Resource Conservation, Maryland Department of Agriculture, 50 Subtitle 07 APIARY INSPECTION Harry S. Truman Parkway, Annapolis, MD 21401, or call 410-841- Notice of Proposed Action 5863, or email to [email protected], or fax to 410-841- [12-287-P] 5734. Comments will be accepted through November 19, 2012. A public hearing has not been scheduled. The Secretary of Agriculture proposes to: (1) Adopt new Regulations .08 and .09 under COMAR .02 Definitions. 15.07.01 General Regulations; and A. (text unchanged) (2) Repeal existing Regulations .01—.09 under COMAR B. Terms Defined. 15.07.02 Varroa Mite Control for Bees Transported Into or (1) (text unchanged) Through Maryland. (2) ―County Soil Survey‖ means a report developed by the Statement of Purpose United States Department of Agriculture, [Natyral] Natural Resource The purpose of this action is to repeal obsolete varroa mite Conservation Service, for each county which identifies soil types. regulations, but retain and transfer to COMAR 15.07.01 current (3)—(14) (text unchanged) requirements for the transportation of bees. Apiarists now use best

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1399 management practices for bees to control the varroa mite and the current regulations are not required. Title 20 Comparison to Federal Standards PUBLIC SERVICE There is no corresponding federal standard to this proposed action. Estimate of Economic Impact COMMISSION The proposed action has no economic impact. Subtitle 52 ELECTRIC STANDARD Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small OFFER SERVICE businesses. 20.52.03 Transfers of Service Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities. Authority: Public Utilities Article, §§2-113, 2-121, 5-101, and 7-510, Annotated Code of Maryland Opportunity for Public Comment Notice of Proposed Action Comments may be sent to Dick Bean, Program Manager, Plant [12-286-P] Protection and Weed Management Section, Maryland Department of Agriculture, 50 Harry S. Truman Parkway, Annapolis, MD 21401, or The Public Service Commission proposes to amend Regulation call 410-841-5920, or email to [email protected], or fax to .01—.04 under COMAR 20.52.03 Transfers of Service. This action 410-841-5835. Comments will be accepted through November 19, was considered at a scheduled rule making meeting on August 9, 2012. A public hearing has not been scheduled. 2012 Statement of Purpose 15.07.01 General Regulations The purpose of this action is to conform the switching period pertaining to retail electricity supply as stated in COMAR 20.52.03 Authority: Agriculture Article, §§5-501—5-507, Annotated Code of Maryland with that stated in COMAR 20.53.04 and to delete obsolete language .08 Transporting Bees. pertaining to Type III SOS, which was transitional only and is no A person may transport through Maryland a bee colony only longer offered. under the following conditions: Comparison to Federal Standards A. Each bee colony shall be screened or covered at all times to There is no corresponding federal standard to this proposed action. prevent bees from escaping; B. An operator of a motor vehicle transporting bees shall keep the Estimate of Economic Impact bees from being agitated by operating the vehicle’s motor at all times The proposed action has no economic impact. unless refueling, or unless the bees are enclosed in a refrigerated section of the vehicle where the temperature is maintained at 45°F; Economic Impact on Small Businesses C. A motor vehicle containing bees may not be operated more The proposed action has minimal or no economic impact on small businesses. than 1 mile from any interstate highway; and D. If bees are released for any reason from a vehicle, the operator Impact on Individuals with Disabilities or other responsible person shall report the release immediately to The proposed action has no impact on individuals with disabilities. the Maryland Department of Agriculture and Maryland State Police. Opportunity for Public Comment .09 Violation. Comments may be sent to David J. Collins, Executive Secretary, A person who violates a provision of this chapter is guilty of a Public Service Commission, William Donald Schaefer Tower, 6 St. misdemeanor as provided by Agriculture Article, §12-103, Annotated Paul Street, Baltimore, Maryland 21202-6806, or call 410-767-8067. Code of Maryland. Comments will be accepted through November 19, 2012. A public hearing has not been scheduled. EARL F. HANCE Secretary of Agriculture .01 Customer Changes of Service Providers. A. A customer may move between SOS [, Type III service,] or HPS and competitive electricity supply service [under this chapter and a utility‘s tariffs]. B. [Except as provided under COMAR 20.30 relating to customer deposits, a] A customer may not be charged a fee for switching between SOS [, Type III service,] or HPS and competitive electricity supply. C. Except as provided by an order of the Commission, a utility may not impose a minimum contract term for the provision of [electric] electricity supply service under this subtitle. .02 Notice of Transfer to Standard Offer Service. A. Existing Customers. If an existing utility customer does not select a competitive electricity supplier to provide [electric] electricity supply service [at the beginning of the SOS periods specified in COMAR 20.52.02], the customer shall receive standard offer service under this subtitle until that choice is made in accordance with §C of this regulation.

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1400 B. New Customer. A customer establishing a new service, (2) A customer selecting Type III service or HPS under §C(1) [during] after the service periods specified in COMAR 20.52.02, of this regulation shall provide notice of the selection to the utility shall receive SOS until the customer affirmatively selects a consistent with the Commission-approved utility supplier competitive electricity supplier. coordination tariff. C. Transfer Rules. (3) Exceptions.] (1) If a customer or the customer’s competitive supplier B. Failure of Competitive Electricity Supplier to Deliver. requests SOS, [17] 12 or more days before the customer‘s next [(a)] (1) If a competitive [electric] electricity service customer regularly scheduled meter read date, the utility shall [transfer] place is eligible for [Type III service or] HPS and the competitive the customer [to] on SOS on the customer‘s next regularly scheduled electricity service supplier fails to deliver power as defined by PJM meter read date [after the request]. due to default, bankruptcy, or Commission action, the customer shall (2) If a customer or the customer’s competitive supplier receive HPS. requests SOS, [16 or fewer] less than 12 days before the customer’s [(b)] (2) A customer [meeting the requirements of §B(3)(a)] next regularly scheduled meter read date, the utility shall transfer the eligible for HPS and affected by §B(1) of this regulation may elect at customer to SOS on the [second regularly] subsequent scheduled any time to switch to [Type III service consistent with this subtitle or meter read date after the date of the request. to] another competitive electricity supplier. (3) (text unchanged) [C. Switches between Type III and Hourly Priced Service. (1) A Type III service customer may not switch directly to HPS .03 Notice of Transfer From Standard Offer Service. during the Type III service period provided under COMAR A. (text unchanged) 20.52.02.03. B. The notice required under §A of this regulation shall comply (2) Except for a customer receiving HPS under §B(3)(a) of this with the requirements of COMAR 20.53 and the utility‘s approved regulation, an HPS customer may not switch directly to Type III supplier coordination tariffs. service during the Type III service period provided under COMAR C. Transfer Rules. 20.52.02.03.] (1) When a competitive electricity supplier provides the transfer notice required under §A of this regulation, [17] 12 or more DAVID J. COLLINS days before a customer‘s next regularly scheduled meter read date, Executive Secretary the utility shall transfer the customer to the competitive electricity Public Service Commission supplier on the next regularly scheduled meter read date after the notice. (2) When a competitive electricity supplier provides the Title 26 transfer notice, required under §A of this regulation, [16 or fewer] less than 12 days before a customer‘s next regularly scheduled meter DEPARTMENT OF THE read date, the utility shall transfer the customer to the competitive electricity supplier on the [second regularly] subsequent scheduled ENVIRONMENT meter read date after the notice. Subtitle 24 TIDAL WETLANDS .04 [Type III —] Hourly Priced or Competitive Service — Selection or Transfer. Notice of Proposed Action A. Utility Fixed Price or Variable Price Service Customers. [12-290-P] (1) [Selection of Service. The Secretary proposes to: (a) Unless] If a [fixed price electric service utility] customer (1) Amend Regulation .02 under COMAR 26.24.01 eligible for [Type III service on the beginning date established under Definitions; COMAR 20.52.02.03 selects] HPS [or chooses] does not select or (2) Repeal existing Regulation .01 and adopt new Regulations have a competitive electricity supplier, a utility shall provide [Type .01 — .01-4 under COMAR 26.24.04 Shore Erosion Control. III] HPS service to the customer. [(b)] (2) [Unless] If a [variable priced electric service utility] Statement of Purpose The purpose of this action is to implement the provisions of the customer eligible for [Type III service on the beginning date Living Shoreline Protection Act of 2008, H.B. 973, Ch. 304, Acts of established under COMAR 20.52.02.03] HPS selects [Type III 2008 (the Act). The Act requires the use of nonstructural shoreline service or] a competitive electricity supplier, [a utility] the stabilization measures except in areas mapped as appropriate for competitive electricity supplier shall provide [HPS to the customer] structural shoreline stabilization measures or in areas where a the utility notice of the selection in a manner conforming to the property owner can demonstrate that such measures are not feasible. requirements of the applicable utility’s supplier coordination tariff The regulations include a waiver process exempting certain and COMAR 20.53.06.05. individuals from the Act‘s requirement to use nonstructural shoreline [(2) Notice of Selection. stabilization measures. The regulations have been developed in (a) A customer electing electric supply service under §A(1) coordination with the Maryland Department of Natural Resources as of this regulation shall provide the utility notice of the selection 30 required by the Act. days before the beginning date for Type III service under COMAR 20.52.02.03. Comparison to Federal Standards (b) The customer notice required under §A(2)(a) of this There is no corresponding federal standard to this proposed action. regulation shall conform to the requirements of the Commission- approved utility supplier coordination tariff. Estimate of Economic Impact B. Competitive Electricity Supplier Customers—Transfers to The proposed action has no economic impact. Type III or Hourly Priced Service. Economic Impact on Small Businesses (1) During the Type III service period under COMAR The proposed action has minimal or no economic impact on small 20.52.02.03, a competitive electric supply customer eligible for Type businesses. III service may select Type III service or HPS. MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1401 Impact on Individuals with Disabilities tides designated under Environment Article, Title 16, and the area The proposed action has no impact on individuals with disabilities. beyond 1,000 feet designated by local critical area programs to protect sensitive areas, except developed, urban areas excluded by a Opportunity for Public Comment local jurisdiction under a State-approved local critical area program] Comments may be sent to Richard Ayella, Chief, MD Dept. of the has the meaning stated in COMAR 27.01.01.01B. Environment—Wetlands & Waterways Program, 1800 Washington [(11) ―Critical Area buffer‖ means a naturally vegetated area or Boulevard, Baltimore, MD 21230, or call 410-537-3835, or email to vegetated area established or managed to protect aquatic, wetland, [email protected], or fax to 410-537-3751. Comments will be shoreline, and terrestrial environments from man-made disturbances accepted through November 19, 2012. A public hearing will be held as defined in the State-approved local critical area program, COMAR November 7, 2012, at 6 p.m. at the Todd Performing Arts Center, 27.01.01 and 27.02.01.] Chesapeake College, 1000 College Circle, Wye Mills, MD 21679 (11) Critical Area Buffer. (a) ―Critical Area buffer‖ means an area in the Critical 26.24.01 General Area that: (i) Based on conditions present at the time of Authority: Environment Article, Title 16, Annotated Code of Maryland development, is immediately landward from mean high water of tidal .02 Definitions. waters, the edge of each bank of a tributary stream, or the landward A. In this subtitle, the following terms have the meanings boundary of a tidal wetland; and indicated. (ii) Exists or may be established in natural vegetation to B. Terms Defined. protect a stream, tidal wetland, tidal waters, or terrestrial (1) — (2) (text unchanged) environment from human disturbance. [(3) ―Aggrieved party‖ means an applicant, licensee, permittee, (b) ―Critical Area buffer‖ includes an area of: the Department, the county or municipal government where the (i) At least 100 feet, even if that area was previously proposed activity is located, or a person whose rights, duties, disturbed by human activity; and statutory entitlements, privileges, or other substantial interests may be (ii) Expansion for contiguous areas, including a steep directly impacted by the regulated activity.] slope, hydric soil, highly erodible soil, nontidal wetland, or a (3) ―Aquaculture‖ [means the commercial rearing of fish Nontidal Wetland of Special State Concern as defined in COMAR including shellfish and aquatic plants listed in COMAR 08.02.14.07, 26.23.01.01. or otherwise permitted by that chapter] has the meaning stated in (11-1) ―Critical Area Commission‖ means the Critical Area Natural Resources Article, §4-11A-01, Annotated Code of Maryland. Commission for the Chesapeake and Atlantic Coastal Bays, as (4) ―Bathymetry‖ means the water depth relative to the established under the Natural Resources Article, Title 8, Subtitle 18, elevation of mean low water. Annotated Code of Maryland. (4-1) ―Beach nourishment‖ means a structural shoreline (12) — (16) (text unchanged) stabilization measure that is: (17) ―Endangered species‖ [means species of fish, wildlife, or (a) Made by placing or pumping appropriately-sized sand plants designated by regulation by the Secretary. Endangered species from elsewhere onto an eroding shore; and includes an endangered species designated under federal law] has the (b) Designed to: meaning stated in COMAR 08.03.08.01. (i) Create a new beach; or (17-1) ―Fetch‖ means the linear distance of open water over (ii) Restore or widen an existing beach. which wind-generated waves of a certain direction, speed, and (5) — (7) (text unchanged) duration travel unobstructed before reaching a shoreline. (7-1) ―Breakwater‖ means a structural shoreline stabilization (18) Filling. measure comprised of a segmented or non-segmented stone structure (a) ―Filling‖ means the: that is: (i) Displacement of [tidal] navigable water by the (a) Typically placed offshore parallel to the shoreline; and depositing [into State or private wetlands] of soil, sand, gravel, shells, (b) Designed to dissipate wave energy and reduce erosion. or other materials, including pilings, piers, boathouses, deadweights, (7-2) ―Buffer management plan‖ has the meaning stated in or riprap into State or private tidal wetlands; COMAR 27.01.09.01. (ii) Artificial alteration of tidal water levels by any (7-3) ―Bulkhead‖ means a structural shoreline stabilization physical structure, drainage ditch, or otherwise; or measure comprised of a vertical retaining wall composed of wood, (iii) [Storm drainage projects which flow] Discharge of stone, concrete, plastic, or other similar material that is: water from storm drainage projects directly into tidal waters of the (a) Placed parallel to the shoreline; and State. (b) Designed to control erosion. (b) (text unchanged) (8) (text unchanged) (19) ―Fish‖ [means a finfish, crustaceans, mollusks, (9) ―Coastal [bays] Bays‖ means the estuaries situated between amphibians, and reptiles which spend the majority of their life cycles Maryland‘s Atlantic Ocean barrier islands and the opposing shoreline in water and any part, egg, offspring, or dead body of any of these of the mainland which include Chincoteague Bay, Sinepuxent Bay, species] has the meaning stated in Natural Resources Article, §4-101, Isle of Wight, Newport Bay, Assawoman Bay, and the St. Martin Annotated Code of Maryland. River. (20) (text unchanged) (10) ―Critical Area‖ [means the Chesapeake Bay Critical Area, (21) ―General wetlands license‖ means written authorization including all waters and lands designated under Natural Resources from the Department [for certain activities described in this subtitle Article, §8-1807, Annotated Code of Maryland, consisting of waters and previously approved by the Board of Public Works] based on a of and lands under the Chesapeake Bay and its tributaries to the head standing authorization by the Board for recurrent or minimally of the tide as indicated on the State wetland boundary maps, and all disruptive activities conducted in State tidal wetlands. State and private wetlands designated under Environment Article, (22) ―General wetlands permit‖ means written authorization Title 16, and all land and water areas within 1,000 feet beyond the from the Department for [certain activities described in this subtitle] landward boundaries of State or private wetlands, and the heads of MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1402 activities conducted in private tidal wetlands that cause only minimal (53) Structural shoreline stabilization measure. individual and cumulative adverse impacts. (a) ―Structural shoreline stabilization measure‖ means an (22-1) ―Groin‖ means a structural shoreline stabilization erosion control measure that uses devices to armor and stabilize an measure comprised of stone, wood, or other similar material that is: area landward of the measure from further erosion. (a) Typically placed perpendicular to the shoreline; and (b) ―Structural shoreline stabilization measure‖ includes (b) Designed to trap sand and reduce erosion. the use of a bulkhead, gabion, revetment, groin, breakwater, jetty, (23) — (25) (text unchanged) sand, beach nourishment, and any other similar structure, or any (25-1) ―Jetty‖ means a structural shoreline stabilization other device for erosion control or vessel protection. measure comprised of stone, wood, or other similar material that is: [(54) ―Structures‖ means building or construction materials, or (a) Placed at inlets; and a combination of the materials, assembled or joined together. (b) Designed to: ―Structures‖ includes: (i) Stabilize the position of a channel; (a) Temporary or permanent fixed or floating piers, pilings, (ii) Shield vessels from wave forces; and decks, walkways, dwellings, buildings, boathouses, platforms, (iii) Control the movement of sand along adjacent gazebos, or shelters for marine access, navigation, working, eating, beaches by minimizing the movement of sand into a channel. sleeping, or recreating; and (26) (text unchanged) (b) Bulkheads, gabions, revetments, groins, breakwaters, (27) ―License‖ means written authorization by the Board [of jetties, beach beams, or other devices for erosion control or protection Public Works under Environment Article, §16-202, Annotated Code of vessels.] of Maryland,] or by the Department under delegation from the Board (54) Structure. to dredge, fill, construct structures, or conduct other activities (a) ―Structure‖ means building or construction materials, involving State tidal wetlands which conveys a limited property or a combination of those materials, that are purposely assembled or interest. joined together on or over land or water. (28) — (35) (text unchanged) (b) ―Structure‖ includes a temporary or permanent fixed or (35-1) Nonstructural Shoreline Stabilization Measure. floating pier, piling, deck, walkway, dwelling, building, boathouse, (a) ―Nonstructural shoreline stabilization measure‖ means platform, gazebo, or shelter for the purpose of marine access, an erosion control measure that is dominated by tidal wetland navigation, working, eating, sleeping, or recreating. vegetation and is designed to preserve the natural shoreline, (55) (text unchanged) minimize erosion, and establish aquatic habitat. (56) ―Threatened species‖ [means species of fish, wildlife, or (b) ―Nonstructural shoreline stabilization measure‖ plants designated by regulation by the Secretary] has the meaning includes a living shoreline. stated in COMAR 08.03.08.01. (36) ―Nontidal wetland‖ [means an area that is inundated or (57) ―Tidal wetlands‖ means all State and private tidal saturated by surface water or ground water at a frequency and wetlands, marshes, submerged aquatic vegetation, lands, and open duration sufficient to support, and that under normal circumstances water [affected by the daily and periodic rise and fall of the tide] does support, a prevalence of vegetation typically adapted for life in within the Chesapeake Bay and its tidal tributaries, the [coastal bays saturated soil conditions, commonly known as hydrophytic adjacent to Maryland‘s coastal barrier islands] Coastal Bays and their vegetation, and is determined according to the Corps of Engineers tidal tributaries, and the Atlantic Ocean to a distance of 3 miles Wetlands Delineation Manual, 1987] has the meaning stated in offshore of the low water mark. COMAR 26.23.01.01. (58) — (61) (text unchanged) (37) — (39) (text unchanged) (61-1) ―Waiver‖ means a decision by the Department that a (40) ―Person‖ means any natural person, partnership, joint person is not required to construct a nonstructural shoreline stock company, unincorporated association or society, the federal stabilization measure. government, the State, any unit of the State, a political subdivision, or (62) (text unchanged) other corporation of any type. (62-1) ―Water Quality Certification‖ means the certification (41) — (46) (text unchanged) required under COMAR 26.08.02.10. (47) ―Revetment‖ means [an assemblage of stones or concrete, (62-2) ―Wetlands License‖ means written authorization by the commonly known as riprap, placed to prevent shore erosion, fortify a Board to dredge, fill, construct a structure, or conduct any other bulkhead, or stabilize an embankment] a structural shoreline activity involving State tidal wetlands that does not qualify for stabilization measure comprised of stone, wood, or other similar approval under a general wetlands license. material that is: (62-3) ―Wetlands Permit‖ means written authorization by the (a) Typically placed parallel to the shoreline; and Department to dredge, fill, remove, alter, pollute, or conduct any (b) Designed to: other activity involving private tidal wetlands that does not qualify (i) Prevent erosion; for approval under a general wetlands permit. (ii) Fortify a bulkhead; or (iii) Stabilize an embankment. 26.24.04 Shore Erosion Control (48) — (50) (text unchanged) (51) ―Species in need of conservation‖ [means species of fish, Authority: Environment Article, Title 16, Annotated Code of Maryland wildlife, or plants designated by regulation by the Secretary] has the .01 Shore Erosion Control. meaning stated in COMAR 08.03.08.01. A. The Department may not authorize an erosion control project (52) (text unchanged) if: [(53) ―State water quality certification‖ means the certification (1) There is no evidence of erosion and the applicant is unable issued by the Department of the Environment under COMAR to document a claim of erosion; 26.08.02.] (2) Existing State or private tidal wetlands are effectively preventing erosion; or

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1403 (3) The proposed project may adversely affect: B. When evaluating a person’s request for a waiver, the (a) An adjacent property; Department shall determine whether the site is suitable to support a (b) Navigation, and the applicant has not adequately offset nonstructural shoreline stabilization measure by considering: these impacts; (1) The width of the waterway; (c) Threatened or endangered species, species in need of (2) The bottom elevation and slope at mean low water; conservation, or significant historic or archaeological resources; or (3) The bottom substrate: (d) Natural oyster bars or private oyster leases. (4) The fetch; B. A person proposing a shoreline stabilization measure in State (5) The bank elevation and orientation; or private tidal wetlands that requires a wetlands license from the (6) The degree of erosion; Board or a general wetlands license, wetlands permit, or general (7) The height and regularity of tides; wetlands permit from the Department shall first consider: (8) Any other physical constraints that would impede or (1) No action; and prevent successful establishment of a nonstructural shoreline (2) Relocation of structures threatened by erosion. stabilization measure; and C. Except as authorized under §E of this regulation, if the (9) Any other relevant environmental resources, including a Department is satisfied that neither option listed under §B of this Critical Area buffer and other plant, fish, and wildlife habitat, and regulation is feasible, the person shall use a nonstructural shoreline the likely adverse or protective impact of a nonstructural shoreline stabilization measure. stabilization measure on those resources in comparison to the likely D. If a structural component is necessary in order to preserve the adverse or protective impact of a structural shoreline stabilization natural shore, minimize erosion, and establish aquatic habitat, a measure on those resources. nonstructural shoreline stabilization measure may include the use of: C. A person may obtain a waiver from the requirement to use a (1) A breakwater, sand containment structure, or sill that is nonstructural shoreline stabilization measure if, to the Department’s acceptable to the Department; or satisfaction, a structural shoreline stabilization measure is the only (2) A beach that is acceptable to the Department, when used feasible alternative that will protect and maintain the person’s for the purpose of habitat enhancement. shoreline. E. A person may use a structural shoreline stabilization measure: (1) In an area identified as appropriate for structural shoreline .01-3 Application Requirements. stabilization measures by the Department, in coordination with the A. In addition to the requirements of COMAR 26.24.02.02, a Maryland Department of Natural Resources, and shown on a map person proposing a shoreline stabilization measure shall submit the approved by the Department under Regulation .01-1 of this chapter; following information at the time of application: or (1) An 8 ½ by 11-inch plan, with dimensions, of the proposed (2) At a site where the person has obtained a waiver from the project showing: Department in accordance with Regulation .01-2 of this chapter by (a) Location; demonstrating to the Department’s satisfaction that a nonstructural (b) Land ownership; shoreline stabilization measure is not feasible. (c) Existing and proposed contours; (d) Existing mean high water line and, if applicable, existing .01-1 Structural Shoreline Stabilization Maps. landward boundary of State and private tidal wetlands, each as field- A. The Department shall develop and maintain maps on its verified by the applicant; website that: (e) For a nonstructural shoreline stabilization measure, the (1) Display the areas that are appropriate for structural proposed mean high water line and the proposed landward boundary shoreline stabilization measures; and of State and private tidal wetlands; (2) Are readily available to the public. (f) Existing and proposed structures, including: B. When determining the areas appropriate for structural (i) A septic system; shoreline stabilization measures, the Department shall consider: (ii) A utility-related structure; (1) The presence or absence of a natural shoreline; (iii) A building; (2) Proximity to channels; (iv) A road; (3) As determined by the Department based on site conditions, (v) Drainage features; and the presence of high energy waves or a severely eroding shore that (vi) An equipment storage area; would render a nonstructural stabilization measure infeasible; (g) Adjacent shoreline features; (4) The extent to which a water-dependent facility requires a (h) Best management practices to control any upland runoff bulkheaded shoreline for loading and unloading operations, such as which contributes to erosion; the berthing of commercial vessels; (i) Type of materials to be used in construction; and (5) Impacts to rare, threatened and endangered species, and (j) Site bathymetry; species in need of conservation; and (2) A waiver, if the project qualifies for a structural shoreline (6) Any other site-specific factor, as determined relevant by the stabilization measure under Regulation .01-2 of this chapter; Department. (3) Photographs of the project site, the adjoining shoreline, and existing structures; .01-2 Nonstructural Shoreline Stabilization Waiver Process. (4) In accordance with the requirements of COMAR A. A person who applies for a waiver from the requirement to 27.01.09.01-3, the proposed major or minor buffer management plan construct a nonstructural shoreline stabilization measure under that will address disturbance of the buffer, including any disturbance Regulation .01C of this chapter shall: to stabilize a bank or slope or to control erosion above mean high (1) Use the form provided by the Department; and water; (2) Complete the waiver process before submitting an (5) Proof of delivery to the Critical Area Commission and the application to obtain a wetlands license from the Board or a general applicable local jurisdiction of the: wetlands license, wetlands permit, or general wetlands permit from (a) Information required in §§(1)-(4) of this regulation; and the Department under COMAR 26.24.02.

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1404 (b) Critical Area Buffer Notification Form signed by the (b) Free of protruding objects, debris, and contaminants; property owner; and (6) If required by the Department, a design report that (c) Selected to minimize impacts to water quality and plant, includes: fish, and wildlife habitat; (a) A foundation investigation; (4) Use backfill material free of litter, refuse, junk, metal, tree (b) A structural analysis; stumps, logs, or other (c) The structural properties of the materials to be used to unsuitable materials; construct the proposed project; (5) Prevent damage due to scour; and (d) The estimated economic, environmental, and other (6) Minimize grading and other impacts on riparian habitat. benefits to be derived from the project; B. The Department may not authorize encroachment into State or (e) The design life expectancy of the project; private tidal wetlands unless: (f) The sequence of construction; (1) The encroachment is limited to that which is structurally (g) A description of the method of construction that necessary and is verified by a design report or other documentation, includes: as required by the Department; and (i) Estimated beginning and completion dates; (2) For a bulkhead: (ii) The equipment to be used; (a) The encroachment is three feet or less beyond the mean (iii) The proposed access to the site; high water line; and (iv) The foundation excavations; (b) Other nonstructural and structural shoreline (v) The means for diverting water away from the project stabilization measures are infeasible, as determined by the during construction; and Department. (vi) The means for controlling the dewatering discharges; ROBERT M. SUMMERS, Ph.D. (h) Specific references and benchmarks used by the Secretary of the Environment designer; (i) Estimated impact, if any, of the project on adjacent properties; Title 30 (j) Estimated impact, if any, of the project on public access to the shore; MARYLAND INSTITUTE (k) Written specifications for the quality of the materials and methods of construction to ensure that design criteria will be met or FOR EMERGENCY exceeded; (l) A description of how the reclamation of lost upland meets MEDICAL SERVICES the requirements of COMAR 26.24.03.06C, if applicable; and (m) A description of measures to be taken to avoid and SYSTEMS (MIEMSS) minimize impacts to plant, fish, and wildlife habitat before, during, and after construction; and Subtitle 06 PUBLIC ACCESS (7) If required by the Department, an alternatives analysis, including: AUTOMATED EXTERNAL (a) The justification for rejecting the options required to be considered under COMAR 26.24.04.01B; DEFIBRILLATOR PROGRAM (b) The justification for the selected shoreline stabilization Notice of Proposed Action measure; and [12-291-P] (c) For a structural shoreline stabilization measure, proof of The Maryland Emergency Medical Services Board proposes to: consideration of each alternative, including an analysis of habitat (1) Amend Regulation .01 under COMAR 30.06.01 impact for each alternative, in the following order of preference: Definitions; (i) Beach nourishment; (2) Amend Regulation .01, adopt new Regulations .02 and .03, (ii) Breakwater; and recodify existing Regulations .02 — .06 to be Regulations .04 — (iii) Groin, jetty, or a similar structure; .08, respectively, under COMAR 30.06.02 Approval of Facilities (iv) Revetment; and and Compliance; (v) Bulkhead. (3) Repeal existing Regulation .01 under COMAR 30.06.03 B. Based on project size and scope, environmental sensitivity of Protocol; the project site, and potential adverse impacts to State or private (4) Repeal existing Regulations .01 — .02 under COMAR tidal wetlands, the Department may, with notice to the applicant by 30.06.04 Quality Assurance and Maintenance; and telephone, letter, email, or meeting, require information in addition (5) Repeal existing Regulations .01 — .04 under COMAR to §A of this regulation. 30.06.05 Training Programs. .01-4 Design of Structural Shoreline Stabilization Measures. This action was considered at an open meeting of the Emergency A. A person proposing a structural shoreline stabilization measure Medical Services Board on September 11, 2012. that employs a jetty, groin, breakwater, or other offshore structure, Statement of Purpose shall design the project to: The purpose of this action is to streamline and clarify the (1) Allow natural littoral movement of sand along the shore; requirements for registration with the Public Access Automated (2) Minimize erosion and undesirable shoaling; External Defibrillator Program. (3) Use materials that are: (a) Of adequate size, weight, and strength to function as Comparison to Federal Standards intended; There is no corresponding federal standard to this proposed action.

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1405 Estimate of Economic Impact [(2)] (1) (text unchanged) I. Summary of Economic Impact. The proposed regulations [(3) ―Cardiopulmonary resuscitation (CPR) training‖ means streamline the requirements for registration with the public access training in adult cardiopulmonary resuscitation which, at a minimum, automated defibrillator program which may reduce costs for any includes: entity providing public access to automated external defibrillators. (a) Patient assessment; Participation in the automated external defibrillator program is (b) Mouth-to-mouth breathing; voluntary. (c) Mouth-to-mask breathing; (d) Chest compressions; and Revenue (R+/R-) (e) Relief of foreign body airway obstruction on an II. Types of Economic Expenditure unconscious and conscious patient.] Impact. (E+/E-) Magnitude [(4)] (2) (text unchanged) (3) ―Expected operator‖ means any individual identified by a registered facility to operate an AED at a registered facility A. On issuing agency: NONE [(5)] (4) (text unchanged) B. On other State [(6) ―Nationally recognized AED instructor training program‖ agencies: NONE means an organization determined by MIEMSS to: C. On local (a) Be nationally recognized as having the resources, governments: NONE experience, and expertise to: (i) Set minimum standards for the instruction in operation of an AED, and Benefit (+) (ii) Provide adequate quality assurance of its instruction Cost (-) Magnitude and instructors; (b) Have a valid, reliable instrument for the evaluation of the training of persons in instruction in the use of an AED; and D. On regulated industries or trade groups: (c) Have affiliates, members or persons: Streamlined (i) Whom it officially recognizes as meeting its standards Requirements (+) Minimal in at least 26 states, or by an agency of the federal government; and E. On other industries (ii) Whose members meet specified qualifications. or trade groups: NONE (7) ―Nationally recognized AED training program‖ means an organization determined by MIEMSS to: F. Direct and indirect effects on public: (a) Be nationally recognized as having the resources, Streamlined experience, and expertise to: Requirements (+) Unquantifiable (i) Set minimum standards for training in the operation of III. Assumptions. (Identified by Impact Letter and Number from an AED, and Section II.) (ii) Provide adequate quality assurance of its instruction and instructors; D. Streamlined registration requirements may result in cost (b) Have a valid, reliable instrument for the evaluation of the savings. training of persons in the operation of an AED; and F. Streamlined Requirements will encourage more entities to (c) Have affiliates, members, or persons: provide public access to automated external defibrillators. (i) Whom it officially recognizes as meeting its standards in at least 26 states, or by an agency of the federal government; and Economic Impact on Small Businesses (ii) Whose members meet specified qualifications.] The proposed action has minimal or no economic impact on small [(8)] (5) — [(9)] (6) (text unchanged) businesses. [(10) ―Regional council AED committee‖ means a committee Impact on Individuals with Disabilities appointed by the regional council consisting of: The proposed action has no impact on individuals with disabilities. (a) The regional medical director; (b) The regional administrator; and Opportunity for Public Comment (c) Three or more individuals with knowledge of and Comments may be sent to Lisa Myers, Director, Cardiac and expertise in AEDs.] Special Programs, Maryland Institute for Emergency Medical [(11)] (7) — [(13)] (9) (text unchanged) Services Systems, 653 West Pratt St, Baltimore, MD, 21201, or call 410-706-4740, or email to [email protected], or fax to 410-706- 30.06.02 Approval of Facilities and Compliance 0853 . Comments will be accepted through November 20, 2012. A public hearing has not been scheduled. Authority: Education Article, §13-517, Annotated Code of Maryland

.01 Criteria for Registration of Facilities. 30.06.01 Definitions To be eligible for registration, or renewal of registration, to Authority: Education Article, §13-517, Annotated Code of Maryland operate an AED under this subtitle, a registered facility shall: A. Designate an AED coordinator who shall: .01 Definitions. [(1) Either: A. (text unchanged) (a) Be certified or licensed in Maryland as an EMS provider B. Terms Defined. other than an emergency medical dispatcher; or [(1) ―Approved training program‖ means an organization, (b) Have successfully completed either: business, association, or agency that has been approved by MIEMSS (i) An AED training course, incorporating CPR training, to provide AED training for individuals who will operate the device provided by an approved AED training program, or at authorized AED facilities.] MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 PROPOSED ACTION ON REGULATIONS 1406 (ii) An AED training course provided by an approved (2) If the AED fails when operated, in addition to submitting AED training program and, before enrollment in the AED training the required report to the federal Food and Drug Administration, a course, CPR training; copy of the report to MIEMSS; and (2) Successfully complete refresher training for CPR and AED D. Ensure the confidentiality of any medical records maintained required under COMAR 30.06.05; and] by the registered facility as required by law. (1) Have successfully completed CPR and AED Training, and subsequent refresher training, in accordance with their training ROBERT R. BASS course requirements that at a minimum includes content consistent Executive Director with the recommendations for layperson CPR and AED training in Maryland Institute for Emergency Medical Services Systems the most current publication of the American Heart Association (MIEMSS) Guidelines for CPR and ECC; [(3)] (2) Be responsible for implementing and administering the AED program at the registered facility [in compliance with this subtitle]; and (3) Ensure that monthly safety inspections of all supplemental and AED equipment, including assurance of adequate battery charge, per the manufacturer’s guidelines are conducted and maintain written logs of the inspections. B. Provide [an orientation to] information regarding the operation, maintenance, and location of the registered facility‘s AEDs to all individuals [who will be expected to operate an AED] employed by or volunteering for the registered facility; [C.] — [D.] (proposed for repeal) [E.] C. Place all AEDs in locations which [comply with the requirements of the AED protocol in COMAR 30.06.03.03] are visible and readily accessible to any person willing to operate the AED in the event of a cardiac arrest; [F.] D. — [G.] E. (text unchanged) F. Ensure that expected operators have completed CPR and AED Training, and subsequent refresher training, in accordance with their training course requirements that at a minimum includes content consistent with the recommendations for layperson CPR and AED training in the most current publication of the American Heart Association Guidelines for CPR and ECC. [H.] — [I.] (proposed for repeal) .02 Protocol. All personnel who are expected to operate an AED at a registered facility shall utilize the AED in accordance with their training. When an individual’s training conflicts with the auditory and visual prompts of the device, the individual shall follow the auditory and visual prompts. .03 Quality Assurance and Maintenance. Each registered facility shall: A. Comply the federal Safe Medical Devices Act of 1990 and the Medical Device Amendments of 1992; B. Maintain: (1) The certificate issued by MIEMSS in a place where it is readily available; (2) Each AED and all related equipment and supplies in accordance with the standards established by the device manufacturer and the federal Food and Drug Administration; (3) Supplemental equipment with the AED at all times as follows: (a) Two sets of defibrillator chest pads; (b) Disposable gloves; and (c) Maryland Facility AED Report Forms for Cardiac Arrest; C Submit: (1) A report for each incident of suspected cardiac arrest at the facility on the Maryland Facility AED Report Form for Cardiac Arrests, including, when available, any event (code) summary, recording, or tape created by the AED to MIEMSS, and be available for follow up as necessary; and

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 APPENDIX A (Page 1 of 3)

NOTICE OF INTENT TO FORECLOSE [Owner-Occupied Property - Mortgage Loan Default - No Prefile Mediation Offer] This Notice is Required by Maryland Law (Real Property Article, §7-105.1(c), Annotated Code of Maryland).

You are at risk of losing your home to foreclosure. You have missed one or more payments on your mortgage loan or you are otherwise in default. If you do not bring the loan current, otherwise cure the default, or reach an agreement with your mortgage company to avoid foreclosure (such as a loan modification, repayment plan, or other alternative to foreclosure), a foreclosure action may be filed in court as early as 45 days from the post mark date of this Notice.

There may be options available to avoid foreclosure, but you must act immediately. You should seek housing counseling services now.

TO ACCESS FREE HOUSING COUNSELING SERVICES, CALL THE MARYLAND HOPE HOTLINE AT 1-877-462-7555 OR GO TO WWW.MDHOPE.ORG

Please follow the instructions that are outlined below. ■ Read this entire Notice carefully and act immediately.

■ Contact [insert name of an agent or employee of the secured party authorized to modify the terms of the mortgage loan. The agent or employee may be an individual or group of individuals or a department such as “loss mitigation department”] at [insert the telephone number of the agent or employee] to discuss options available to avoid foreclosure.

■ Complete the enclosed Loss Mitigation Application according to its instructions and include copies of all requested documents.

■ Mail your completed Loss Mitigation Application and the accompanying documents using the addressed envelope provided.

■ Keep a copy of your Loss Mitigation Application, accompanying documents, your mail receipt confirmation, and the date of mailing for your own record.

If you have already sent a Loss Mitigation Application to your mortgage company, please call your mortgage company at the number above to confirm the status of your request.

Beware of anyone offering to “save” your home or requesting an upfront fee before providing assistance. If you believe you have been a victim of a scam, please contact Maryland's office of the Commissioner of Financial Regulation by calling 410-230-6077 or visiting www.dllr.state.md.us/finance. Free resources are available at the Maryland HOPE Hotline at 1- 877-462-7555 or go to www.MDHOPE.org. Attached is a list of government and nonprofit foreclosure-related resources available to help you.

If you have funds available to bring your loan current, contact [insert contact person to provide reinstatement figure and instructions to reinstate the loan] before sending any money to your mortgage company. When you call, ask for the amount needed to reinstate your loan.

APPENDIX A (Page 2 of 3)

THE MARYLAND FORECLOSURE PROCESS AND TIME LINE [Owner-Occupied - Mortgage Loan Default - No Offer of Prefile Mediation]

A Notice of Intent to Foreclose is enclosed with this document. In this Notice you will find specific information about your mortgage, an application for loss mitigation, and instructions to complete the application. THIS IS NOT YET A FORECLOSURE FILING. A foreclosure action, called an order to docket or complaint to foreclose (the "OTD"), may not be filed against you in court until at least 45 days after this Notice was mailed. The OTD must be filed in Circuit Court in order to move forward with foreclosure proceedings.

The OTD cannot be filed until your loan is 90 days past due, and you have been sent this Notice.

You will receive a copy of the OTD and it will include one of the following affidavits:

1. Preliminary Loss Mitigation Affidavit, which will be filed with the OTD if the mortgage company has not started or completed the review of your loan for foreclosure alternatives known as loss mitigation. An application for loss mitigation will be included in the OTD. Complete and return the application immediately; OR

2. Final Loss Mitigation Affidavit, which will be filed with the OTD if the mortgage company believes it has no available alternatives to foreclosure. This affidavit will come with a “Request for Postfile Foreclosure Mediation,” an application, and instructions. You have only 25 days to request foreclosure mediation after you receive these documents. To request foreclosure mediation you must send the completed application with a non-refundable fee of $50 to the Circuit Court.

* If your order to docket includes a Preliminary Loss Mitigation Affidavit, open all future mail because you may receive a Final Loss Mitigation Affidavit in as soon as 28 days.

Foreclosure Mediation: You will have the opportunity to request foreclosure mediation after you receive the Final Loss Mitigation Affidavit. Foreclosure mediation is a process that allows you, a representative from your mortgage company, and a neutral third party mediator from the Maryland Office of Administrative Hearings to meet and discuss alternatives to foreclosure. The goal of foreclosure mediation is to help you avoid foreclosure. At mediation, you and your mortgage company may agree to an option to avoid foreclosure. However, making a request for foreclosure mediation does not guarantee a loan modification or other relief.

TO ACCESS FREE HOUSING COUNSELING SERVICES, CALL THE MARYLAND HOPE HOTLINE AT 1-877-462-7555 OR GO TO WWW.MDHOPE.ORG

APPENDIX A (Page 3 of 3)

The following is important information about your mortgage loan:

Date of Notice: ______Address of Property Subject to This Notice: ______Name of Borrower(s): ______Mailing Address of Borrower(s): ______Name of Record Owner (if different from Borrower(s)): ______Mailing Address of Record Owner (if different from Borrower(s)): ______Name of Secured Party: ______Telephone Number of Secured Party: ______[If the secured party is a trust, real estate mortgage investment conduit (REMIC), or the like, the secured party may insert the telephone number of its authorized loan servicer.]

Name of Loan Servicer (if different from Secured Party): ______Telephone Number of Loan Servicer (if applicable): ______Mortgage Loan Number: ______Lien Position (Indicate whether first or subordinate lien): ______Date Most Recent Loan Payment Received: ______Period to Which Most Recent Mortgage Loan Payment Was Applied: ______Date of Default: ______Total Amount Required to Cure Default as of the Date of this Notice: ______(If you wish to reinstate your loan by paying all past due payments and fees, please call the mortgage company and ask for the total amount required to cure the default and reinstate the loan.)

[Note type of default by inserting one or both of the following two default statements: (1) Your mortgage loan payment is currently [insert number of days payment past due] past due and is in default. (2) Your mortgage loan is in default because [insert type of default other than a past-due payment]: ______]

Name of Mortgage Lender (if applicable): ______Maryland Mortgage Lender License Number (if applicable): ______Name of Mortgage Loan Originator (if applicable): ______Maryland Mortgage Loan Originator License Number (if applicable): ______NOTE: The data contained in this Notice of Intent to Foreclose is electronically filed with the Commissioner of Financial Regulation in accordance with COMAR 09.03.12.02.

APPENDIX A-1 (Page 1 of 2)

NOTICE OF INTENT TO FORECLOSE [Owner-Occupied Property - Mortgage Loan Default - Pre-file Mediation Offer] This Notice is Required by Maryland Law (Real Property Article, §7-105.1, Annotated Code of Maryland). You are at risk of losing your home to foreclosure. You have missed one or more payments on your mortgage loan or you are otherwise in default. If you do not bring the loan current, or reach an agreement with your mortgage company to avoid foreclosure (such as a loan modification, repayment plan, or other alternative to foreclosure), a foreclosure action may be filed in court as early as 45 days from the post mark date of this Notice.

READ THIS ENTIRE NOTICE CAREFULLY AS IT CONTAINS INFORMATION ABOUT FORECLOSURE MEDIATION AND OTHER OPTIONS AVAILABLE TO YOU. Foreclosure mediation is a process that allows you, a representative from your mortgage company, and a neutral third party mediator from the Maryland Office of Administrative Hearings to meet and discuss alternatives to foreclosure. The goal of foreclosure mediation is to help you avoid foreclosure. However, participating in foreclosure mediation does not guarantee a loan modification or other relief.

PREFILE MEDIATION: If you choose to participate in foreclosure mediation at this time (before a foreclosure action is filed against you), please refer to the enclosed Prefile Mediation Packet.

LOSS MITIGATION: If you do not choose to participate in foreclosure mediation at this time, please refer to the enclosed Loss Mitigation Packet.

Beware of anyone offering to “save” your home or requesting an upfront fee before providing assistance. If you believe you have been a victim of a scam, please contact Maryland's office of the Commissioner of Financial Regulation by calling 410-230-6077 or visiting www.dllr.state.md.us/finance. Free resources are available at the Maryland HOPE Hotline at 1-877-462-7555 or go to www.MDHOPE.org. Attached is a list of government and nonprofit foreclosure-related resources available to help you.

If you have funds available to bring your loan current, contact [insert contact person to provide reinstatement figure and instructions to reinstate the loan] before sending any money to your mortgage company. When you call, ask for the amount needed to reinstate your loan.

REGARDLESS OF WHETHER YOU PARTICIPATE IN PREFILE MEDIATION, YOU SHOULD SEEK HOUSING COUNSELING SERVICES AS SOON AS POSSIBLE.

TO ACCESS FREE HOUSING COUNSELING SERVICES, CALL THE MARYLAND HOPE HOTLINE AT 1-877-462-7555 OR GO TO WWW.MDHOPE.ORG

APPENDIX A-1 (Page 2 of 2)

The following is important information about your mortgage loan: Date of Notice: ______Address of Property Subject to This Notice: ______Name of Borrower(s): ______Mailing Address of Borrower(s): ______Name of Record Owner (if different from Borrower(s)): ______Mailing Address of Record Owner (if different from Borrower(s)): ______Name of Secured Party: ______Telephone Number of Secured Party: ______[If the secured party is a trust, real estate mortgage investment conduit (REMIC), or the like, the secured party may insert the telephone number of its authorized loan servicer.]

Name of Loan Servicer (if different from Secured Party): ______Telephone Number of Loan Servicer (if applicable): ______Mortgage Loan Number: ______Lien Position (Indicate whether first or subordinate lien): ______Date Most Recent Loan Payment Received: ______Period to Which Most Recent Mortgage Loan Payment Was Applied: ______Date of Default: ______Total Amount Required to Cure Default as of the Date of this Notice: ______If you choose to reinstate your loan by paying all past due payments and fees, please call the mortgage company and ask for the total amount required to cure the default and reinstate the loan.

[Note type of default by inserting one or both of the following two default statements:] (1) Your mortgage loan payment is currently [insert number of days payment past due] past due and is in default. (2) Your mortgage loan is in default because [insert type of default other than a past-due payment]: ______

Name of Mortgage Lender (if applicable): ______Maryland Mortgage Lender License Number (if applicable): ______Name of Mortgage Loan Originator (if applicable): ______Maryland Mortgage Loan Originator License Number (if applicable): ______

NOTE: The data contained in this Notice of Intent to Foreclose is electronically filed with the Commissioner of Financial Regulation in accordance with COMAR 09.03.12.02.

SCHEDULE 1 TO APPENDIX A-1 (Page 1 of 8)

NOTICE OF INTENT TO FORECLOSE

PREFILE MEDIATION PACKET

Contains:

 Notice of Offer to Mediate  Maryland Foreclosure Process and Time Line (Prefile Mediation)  Application for Prefile Mediation  Instructions for Prefile Mediation  Documents Required for Prefile Mediation

SCHEDULE 1 TO APPENDIX A-1 (Page 2 of 8)

NOTICE OF OFFER TO MEDIATE Owner-Occupied Residential Property This Notice is Required by Maryland Law (Real Property Article, §7-105.1, Annotated Code of Maryland).

THIS IS AN OFFER FROM YOUR MORTGAGE COMPANY TO PARTICIPATE IN PREFILE MEDIATION - BUT YOU MUST ACT QUICKLY

TO ACCEPT THIS OFFER, PLEASE REFER TO THE ATTACHED APPLICATION, INSTRUCTIONS, AND EXPLANATION OF THE FORECLOSURE PROCESS AND TIME LINE. YOUR MORTGAGE COMPANY, AT ITS DISCRETION, MAY CHARGE A FEE THAT IS NO GREATER THAN $350 FOR PARTICIPATION IN THIS PROGRAM. YOU ARE NOT REQUIRED TO PAY THE FEE AT THIS TIME.

WHAT IS FORECLOSURE MEDIATION? Foreclosure mediation is a process that allows you, a representative from your mortgage company, and a neutral third party mediator from the Maryland Office of Administrative Hearings to meet and discuss alternatives to foreclosure. The goal of foreclosure mediation is to help you avoid foreclosure. At mediation, you and your mortgage company may agree to an option to avoid foreclosure. However, making a request for foreclosure mediation does not guarantee a loan modification or other relief.

WHAT IS PREFILE MEDIATION? There are two types of foreclosure mediation: (1) "Prefile mediation" - mediation before a foreclosure action is filed in court and (2) "Postfile mediation" - mediation after a foreclosure action has been filed in court. Your mortgage company is offering prefile mediation at this time. If you choose to participate in prefile mediation, please refer to the enclosed application and instructions. If you do not choose to participate in prefile mediation at this time, you will have the opportunity to submit a loss mitigation application and, if a foreclosure action is filed against you, participate in postfile mediation. The goal of both types of mediation is to help you avoid foreclosure, but prefile mediation happens much earlier in the foreclosure process.

PLEASE NOTE: If you participate in prefile mediation now, you will not be able to participate in postfile mediation later unless you and your mortgage company agree to an additional mediation session and include the terms of that arrangement in the prefile mediation agreement, if any. SCHEDULE 1 TO APPENDIX A-1 (Page 3 of 8)

THE MARYLAND FORECLOSURE PROCESS AND TIME LINE Owner-Occupied Property - Prefile Mediation Option A Notice of Intent to Foreclose is enclosed with this packet. The Notice of Intent to Foreclose provides information about your mortgage, some of your options under Maryland law, and what actions you need to take for each option. This is not yet a foreclosure filing. The timing of the foreclosure process depends on which option you choose now. The timeline below describes the timing of the process if you choose prefile mediation. If you do not choose to accept your mortgage company's offer to participate in mediation now, please refer to the LOSS MITIGATION packet to review those options.

 Prefile mediation comes before a foreclosure action, if any, is filed in court: A foreclosure action, called an order to docket or complaint to foreclose (the "OTD"), may be filed against you in court. If you choose to participate in prefile mediation, the OTD will not be filed until after you, your mortgage company, and a neutral, third-party from the Maryland Office of Administrative Hearings ("OAH") meet to discuss, and hopefully agree to, alternatives to foreclosure.

 Application for Prefile Mediation: You have 25 calendar days from the postage date of this packet to send the enclosed prefile mediation application to your mortgage company.

 Mortgage Company's Notice to Maryland Office of Administrative Hearings: OAH is an independent state agency. Once your mortgage company receives your application for prefile mediation, it has 5 business days to notify OAH. OAH tries to schedule all mediations as soon as possible. You should check your mail everyday for the Notice of Mediation from OAH. Additional information about OAH's role in foreclosure mediation may be found at: http://www.oah.state.md.us/foreclosuremediation.asp.

 Date of Mediation Session: Once OAH receives the notice from your mortgage company, it must conduct the mediation session within 60 days. This time frame may seem like a long time, but before the mediation can occur you must first participate in housing counseling services and submit documents regarding your finances. OAH will send to the Maryland Department of Housing and Community Development your name, address, the name of your mortgage company, and your loan number for purposes of collecting a fee for the mediation from your mortgage company and sending you information about resources available to you.

 Housing Counseling: In order for you to participate in prefile mediation you must first participate in housing counseling services. The purpose of housing counseling is to help you prepare for your mediation session and gather the necessary documents. To find a housing counselor near you please call 877-462-7555 or visit www.mdhope.org. If

SCHEDULE 1 TO APPENDIX A-1 (Page 4 of 8)

you have recently participated in housing counseling, please contact your housing counselor for further guidance.  Document Exchange: At least 20 days before your mediation session you will be required to submit documents that will help you, your mortgage company and the mediator explore options to avoid foreclosure. The list of documents required is included in this packet. Please begin to gather these documents right away. Your housing counselor will review this list with you and help you put the package together.

 Mediation that Results in a Prefile Mediation Agreement: If you and your mortgage company agree to an option other than foreclosure at the mediation session, the mediator from OAH will draft a "Prefile Mediation Agreement" between you and your mortgage company.

o Comply with a Prefile Mediation Agreement: If you and your mortgage company enter a Prefile Mediation Agreement, it is important that you fulfill any promises you have made under the Agreement. If you fail to fulfill your promises under the Prefile Mediation Agreement, depending of the timing of your mediation session, the OTD may be filed as soon as 45 days after this Notice and packet were mailed and 90 days after you first missed your mortgage loan payment.

o Required Terms of the Prefile Mediation Agreement: . The Prefile Mediation Agreement must include the terms of your agreement with your mortgage company. . The Prefile Mediation Agreement must include information about how you may contact your mortgage company with updates about your financial circumstances that may change your ability to comply with the terms of the Prefile Mediation Agreement. . The Prefile Mediation Agreement must include a notice that you are not entitled to additional foreclosure mediation unless you and your mortgage company specifically agree and include the terms of this arrangement in the Prefile Mediation Agreement.

o Mediation that does not Result in a Prefile Mediation Agreement. If you and your mortgage company fail to come to an agreement, depending on the timing of your prefile mediation session, the OTD may be filed as soon as 45 days after this Notice and packet were mailed and your mortgage loan is 90 days past due. Because you have participated in prefile mediation, you will not have the opportunity to participate in an additional mediation session after the OTD is filed, unless you and your mortgage company agree to the additional session and include the terms of that arrangement in the Prefile Mediation Agreement.

SCHEDULE 1 TO APPENDIX A-1 (Page 5 of 8)

APPLICATION FOR PREFILE MEDIATION *** YOU ONLY HAVE 25 DAYS TO APPLY ***

Name(s) of each Borrower: ______

Address of property: ______

Mailing address, if different from address above: ______

Telephone ______

Email Address ______

Name and Business Address of Borrower's Attorney, if any: ______

I/We, ______, accept the offer of [name of secured party/representative of secured party] to participate in prefile foreclosure mediation. I/we understand that I/we must contact a housing counselor as soon as possible and participate in housing counseling services before the mediation session. I/we understand that my housing counselor will provide me with a certification that I have satisfied this requirement and I/we must coordinate with my housing counselor to submit information and documents as directed by the Maryland Office of Administrative Hearings.

I/We, ______, certify that I/we live in the property related to this Application listed in the address above.

______Signature of Borrower Signature of Borrower

______Printed Name Printed Name

______Date Date

SCHEDULE 1 TO APPENDIX A-1 (Page 6 of 8)

If at least one borrower is willing and able to review and sign the Application and the other borrower(s) is unavailable or unwilling to review or sign the Application, please explain the circumstances in the space below:

______

Please provide a mailing address, telephone number, and email address if known, for any additional borrowers who have not signed the Application:

______SCHEDULE 1 TO APPENDIX A-1 (Page 7 of 8)

INSTRUCTIONS TO PARTICIPATE IN PREFILE MEDIATION Read and follow all instructions carefully. ACT QUICKLY.

 Complete and Sign Prefile Mediation Application. Review the enclosed Application carefully. Complete all the documents and provide all of the information that is requested.

 Make two copies of the completed and signed Application .

 Mail completed and signed Application to your mortgage company to [the address below] [or in the enclosed addressed envelope] within calendar 25 days from the postage post mark date of this Notice and packet:

[If no addressed envelope is included, state name of secured party/representative of secured party and address at which the secured party/representative of secured party will receive mediation applications. Add address of law firm acting on behalf of the secured party, if applicable.]

It is best to send any mail relating to prefile mediation certified, return receipt requested.

 Mail a copy of the completed and signed Application to the Maryland Department of Housing and Community Development at the address below at the same time you mail the Application to your mortgage company:

Attn: Pre-File Mediation Program, NR DHCD 100 Community Place Crownsville, MD 21032

 Keep a copy of the completed and signed Application plus any evidence of mailing.

 Contact and meet with housing counselor. In order to participate in prefile mediation with your mortgage company, you must participate in housing counseling before the mediation session. You should contact a housing counselor immediately. To access free housing counseling services, call the Maryland Hope Hotline at 1-877-462-7555 or www.mdhope.org. If you have participated in housing counseling recently, contact your housing counselor for further guidance.

 Check your mail for the Notice of Mediation from OAH. Your mortgage company is required to send notice of your application to the Maryland Office of Administrative Hearings ("OAH") at which the mediation will be conducted. Once OAH receives notice from your mortgage company that you have agreed to mediation, the mediation session will be scheduled within 60 days. You may call [insert name of representative of secured party] to confirm that your mortgage company has received your Application.

 Submit any documents or information in advance of the Prefile Mediation Session, as instructed by OAH. Your notice of the date, time and place of the Prefile Mediation session will include instructions from OAH regarding documents and other information that must be submitted at least 20 days before the session. The list of documents required is included in this packet. Start gathering these documents now.

 Attend the Prefile Mediation session when it is scheduled. Your housing counselor will give you a certificate of participation in housing counseling. Don’t' forget to bring the certificate with you, along with any other documents related to your mortgage that your housing counselor recommends.

SCHEDULE 1 TO APPENDIX A-1 (Page 8 of 8)

Documents Required for Prefile Mediation

Begin gathering and organizing documents now and wait for further directions from the Maryland Office of Administrative Hearings

A copy of:

 Your signed federal income tax returns (including all schedules and attachments-ALL PAGES) for the two most recent tax years;

 The most recent bill and proof of payment for property taxes and insurance, only if you pay directly, and not through your mortgage payment;

 Any previous loan modifications or other agreements with your mortgage company (if applicable);

 The most recent statement for any other loan you may have on your property, if applicable (such as a home equity loan or second mortgage), showing the name, mailing address, and telephone number of your mortgage company;

 Proof of your pay (paystub or benefits statements) issued within the last 30 days, covering one month of pay;

 Two most recent paystubs or benefits statements (issued within the last 45 days) for any member of your household whose income is to be counted toward payment of the mortgage; and

 All pages of your two most recent bank statements issued within the last 60 days.

 A completed Borrower(s) Information Worksheet (This document will be sent from OAH in its Notice of Mediation and Foreclosure Mediation Instructions.)

PLEASE NOTE: SOME OF THESE DOCUMENTS WILL HAVE TO BE UPDATED AT THE TIME OF MEDIATION. THE DOCUMENTS ABOVE WILL BE REQUIRED FOR EACH BORROWER.

SCHEDULE 2 TO APPENDIX A-1 (Page 1 of 4)

NOTICE OF INTENT TO FORECLOSE

LOSS MITIGATION PACKET

Contains:

 Maryland Foreclosure Process and Timeline (Loss Mitigation/Postfile Mediation)  Instructions for Loss Mitigation  Loss Mitigation Application

SCHEDULE 2 TO APPENDIX A-1 (Page 2 of 4)

THE MARYLAND FORECLOSURE PROCESS AND TIME LINE Owner-Occupied Property - Loss Mitigation and Postfile Mediation Option

A Notice of Intent to Foreclose is enclosed with this document. In this Notice you will find specific information about the mortgage, an application for loss mitigation, and instructions to complete the application. THIS IS NOT YET A FORECLOSURE FILING. A foreclosure action, called an order to docket or complaint to foreclose (the "OTD"), may not be filed against you in court until at least 45 days after the post mark date of this Notice was mailed and your loan is 90 days past due. The OTD must be filed in Circuit Court in order to move forward with foreclosure proceedings.

You will receive a copy of the OTD and it will include one of the following affidavits:

1. Preliminary Loss Mitigation Affidavit, which will be filed with the OTD if the mortgage company has not started or completed the review of your loan for foreclosure alternatives known as loss mitigation. An application for loss mitigation will be included in the OTD. Complete and return the application immediately; OR

2. Final Loss Mitigation Affidavit, which will be filed with the OTD if the mortgage company believes it has no available alternatives to foreclosure. This affidavit will come with a “Request for Postfile Foreclosure Mediation,” an application, and instructions. You have only 25 days to request foreclosure mediation after you receive these documents. To request foreclosure mediation you must send the completed application with a non-refundable fee of $50 to the Circuit Court.

* If the OTD includes a Preliminary Loss Mitigation Affidavit, open all future mail because you may receive a Final Loss Mitigation Affidavit in as soon as 28 days.

TO ACCESS FREE HOUSING COUNSELING SERVICES, CALL THE MARYLAND HOPE HOTLINE AT 1-877-462-7555 OR GO TO WWW.MDHOPE.ORG

SCHEDULE 2 TO APPENDIX A-1 (Page 3 of 4)

Foreclosure Mediation: You will have the opportunity to request foreclosure mediation after you receive the Final Loss Mitigation Affidavit. Foreclosure mediation is a process that allows you, a representative from your mortgage company, and a neutral third party mediator from the Maryland Office of Administrative Hearings to meet and discuss alternatives to foreclosure. The goal of foreclosure mediation is to help you avoid foreclosure. At mediation, you and your mortgage company may agree to an option to avoid foreclosure. However, making a request for foreclosure mediation does not guarantee a loan modification or other relief.

SCHEDULE 2 TO APPENDIX A-1 (Page 4 of 4)

INSTRUCTIONS FOR LOSS MITIGATION

■ Contact [insert name of an agent or employee of the secured party authorized to modify the terms of the mortgage loan. The agent or employee may be an individual or group of individuals or a department such as “loss mitigation department”] at [insert the telephone number of the agent or employee] to discuss options available to avoid foreclosure.

■ You should seek housing counseling services now. To access free housing counseling services, call the Maryland HOPE Hotline at 1-877-462-7555 or go to www.mdhope.org.

■ Complete the enclosed Loss Mitigation Application according to its instructions and include copies of all requested documents.

■ Mail your completed Loss Mitigation Application and the accompanying documents using the addressed envelope provided.

■ Keep a copy of your Loss Mitigation Application, accompanying documents, your mail receipt confirmation, and the date of mailing for your own record.

APPENDIX B (Page 1 of 2)

NOTICE OF INTENT TO FORECLOSE (Alternative/Other Liens)

This Notice is Required by Maryland Law (Real Property Article, §7-105.1, Annotated Code of Maryland).

There is a lien against your home that could result in foreclosure. You are receiving this because you have defaulted on your [list type of lien- such as, by way of example but not limitation, past-due homeowners' or condominium association fees, or past-due contractual payments giving rise to a mechanic's lien]. If you do not bring this default current or otherwise cure this default, a foreclosure action may be filed against you as early as 45 days from the post mark date of this Notice.

There may be options available to avoid foreclosure, but you must act immediately. You should seek housing counseling services now.

TO ACCESS FREE HOUSING COUNSELING SERVICES, CALL THE MARYLAND HOPE HOTLINE AT 1-877-462-7555 OR GO TO WWW.MDHOPE.ORG

Please follow the instructions that are outlined below.

■ Read this entire Notice carefully and act immediately.

■ Contact [insert name of an agent or employee of the agency pursuing the debt who has authority to reinstate the debt or work out payment arrangements] at [insert the telephone number of the agent or employee] to discuss options to avoid foreclosure.

■ [Insert list of options to cure the default with specific instructions, including, but not limited to contact information and instructions to cure the default]: ______

■ If you believe you have already made arrangements with the person contacting you for this debt, please call that person at the number above to confirm the status of your request.

■ Beware of anyone offering to “save” your home or requesting an upfront fee before providing assistance. Free resources are available at the Maryland HOPE APPENDIX B (Page 2 of 2)

Hotline at 1-877-462-7555 or go to www.MDHOPE.org. If you believe you have been a victim of a scam, please contact Maryland's office of the Commissioner of Financial Regulation by calling 410-230-6077 or visiting www.dllr.state.ms.us/finance. The following is important information about your mortgage loan:

Date of Notice: ______Name of Record Owner: ______Record Owner's Mailing Address: ______Property Address: ______Name of Secured Party: ______Telephone Number of Secured Party: ______[This may be the telephone number of the representative of the secured party.] Lien Position [Indicate whether first or subordinate lien]: ______Date of Receipt of Most Recent Payment on Debt: ______Date of Default: ______[Insert description of the nature of the default such as, by way of example but not limitation: “Your homeowners' association fees are currently ___ days past due”]: ______

NOTE: The data contained in this Notice of Intent to Foreclose is electronically filed with the Commissioner of Financial Regulation in accordance with COMAR 09.03.12.02. APPENDIX C (Page 1 of 5)

NOTICE OF INTENT TO FORECLOSE [Not Owner-Occupied Property - Mortgage Loan Default]

This Notice is Required by Maryland Law (Real Property Article, §7-105.1, Annotated Code of Maryland).

You are at risk of losing your property to foreclosure. You have missed one or more payments on your mortgage loan or you are otherwise in default. If you do not bring the loan current, otherwise cure the default, or reach an agreement with your mortgage company to avoid foreclosure (such as a loan modification, repayment plan or other alternative to foreclosure) a foreclosure action may be filed in court as early as 45 days from the post mark date of this Notice.

Your mortgage company has determined that you do NOT live in this property.

IF THIS IS YOUR PRIMARY RESIDENCE: PLEASE CALL ______

NOTE: An owner-occupant has additional options to avoid foreclosure.

Please follow the instructions that are outlined below.

■ Read this entire Notice carefully and act immediately.

■ If you live in this property as your primary residence, please call [insert contact again for borrower to dispute occupancy determination]. Free resources are available at the Maryland HOPE Hotline at 1-877-462-7555 or go to www.MDHOPE.org.

■ Contact [insert name of an agent or employee of the secured party authorized to modify the terms of the mortgage loan. The agent or employee may be an individual or group of individuals or a department such as “loss mitigation department”] at [insert the telephone number of the agent or employee] to discuss options to avoid foreclosure.

If you have already requested loss mitigation assistance from your mortgage company, please call your mortgage company at the number above to confirm the status of your request.

APPENDIX C (Page 2 of 5)

Beware of anyone offering to “save” your property or requesting an upfront fee before providing assistance. If you believe you have been a victim of a scam, please Maryland's office of the Commissioner of Financial Regulation by calling 410-230-6077 or visiting http://www.dllr.state.md.us/finance/.

If you have funds available to bring your loan current, contact [insert contact person to provide reinstatement figure and instructions to reinstate the loan] before sending any money to your mortgage company. When you call, ask for the amount needed to reinstate your loan.

You may be eligible for certain programs to avoid foreclosure. Call your mortgage company for more information. APPENDIX C (Page 3 of 5)

The following is important information about your mortgage loan:

Date of Notice: ______Address of Property Subject to This Notice: ______Name of Borrower(s): ______Mailing Address of Borrower(s): ______Name of Record Owner (if different from Borrower(s)): ______Mailing Address of Record Owner (if different from Borrower(s)): ______Name of Secured Party: ______Telephone Number of Secured Party: ______[If the secured party is a trust, real estate mortgage investment conduit (REMIC), or the like, the secured party may insert the telephone number of its authorized loan servicer.]

Name of Loan Servicer (if different from Secured Party): ______Telephone Number of Loan Servicer (if applicable): ______Mortgage Loan Number: ______Lien Position (Indicate whether first or subordinate lien): ______Date Most Recent Loan Payment Received: ______Period to Which Most Recent Mortgage Loan Payment Was Applied: ______

Date of Default: ______Total Amount Required to Cure Default as of the Date of this Notice: ______(If you wish to reinstate your loan by paying all past due payments and fees, please call the mortgage company and ask for the total amount required to cure the default and reinstate the loan.)

[Note type of default by inserting one or both of the following two default statements: (1) Your mortgage loan payment is currently (insert number of days payment past due) past due and is in default; (2) Your mortgage loan is in default because (insert type of default other than a past-due payment)]:______

Name of Mortgage Lender (if applicable): ______Maryland Mortgage Lender License Number (if applicable): ______Name of Mortgage Loan Originator (if applicable): ______Maryland Mortgage Loan Originator License Number (if applicable): ______

NOTE: The data contained in this Notice of Intent to Foreclose is electronically filed with the Commissioner of Financial Regulation in accordance with COMAR 09.03.12.02 APPENDIX C (Page 4 of 5)

NOTICE REGARDING OCCUPANCY DETERMINATION

Based upon inspection or certification of occupancy status through other means (proof attached, if applicable), it is my belief that this property is not owner-occupied.

AGENT: ______

DATE: ______APPENDIX C (Page 5 of 5)

THE MARYLAND FORECLOSURE PROCESS AND TIME LINE [Not Owner-Occupied - Mortgage Loan Default]

A Notice of Intent to Foreclose is enclosed with this document. In the Notice you will find specific information about your mortgage, an application for loss mitigation, and instructions to complete the application. THIS IS NOT YET A FORECLOSURE FILING.

 A foreclosure action, called an order to docket or complaint to foreclose (the "OTD"), may not be filed against you in court until at least 45 days after this Notice was mailed and 90 days after you first missed your mortgage loan payment.  The OTD must be filed in Circuit Court in order to move forward with foreclosure proceedings.  Once the OTD is filed, your mortgage company may proceed with the foreclosure sale as soon as 45 days after the OTD is served.

APPENDIX D (Page 1 of 1)

PRELIMINARY LOSS MITIGATION AFFIDAVIT

Case Number: ______Date of Filing With Court: ______Borrower(s): ______Property Address: ______

My name is ______. I am authorized to act on behalf of the secured party who is the holder of the beneficial interest in the mortgage or deed of trust which is secured by property at the address listed above. The information in this affidavit is derived from records of the secured party that were made at or near the time of the occurrence of the matters set forth below by, or from information transmitted by, a person with knowledge of those matters. These records were produced and/or maintained in the course of the regularly conducted activity of the secured party as a regular practice of the secured party, and I state the following:

The mortgage loan that is the subject of this foreclosure action may be eligible for loss mitigation and [check all statements that apply]:

 The loan is currently under loss mitigation analysis, but the analysis has not yet been completed.

 The secured party or a representative of the secured party has not been able to obtain all documentation and information necessary to conduct the loss mitigation analysis.

Required additional documentation to complete loss mitigation analysis [list documents required]: ______

 The secured party or a representative of the secured party has not been able to establish communication with the borrower.

 Other ______.

I solemnly affirm under the penalties of perjury and upon personal knowledge based on review of the records described herein or attached hereto that the contents of this affidavit are true.

______Signature of Affiant Date ______Print Name and Title of Affiant APPENDIX E (Page 1 of 1)

FINAL LOSS MITIGATION AFFIDAVIT

Case Number: ______Date of Filing With Court: ______Borrower(s): ______Property Address: ______

My name is ______. I am authorized to act on behalf of the secured party who is the holder of the beneficial interest in the mortgage or deed of trust which is secured by property at the address listed above. The information in this affidavit is derived from records of the secured party that were made at or near the time of the occurrence of the matters set forth below by, or from information transmitted by, a person with knowledge of those matters. These records were produced and/or maintained in the course of the regularly conducted activity of the secured party as a regular practice of the secured party, and I state the following:

The secured party conducted a loss mitigation analysis  YES  NO (Check which applies)

If the secured party conducted a loss mitigation analysis, describe all loss mitigation programs evaluated, and describe why the borrower(s) did not qualify for each loss mitigation program. If the secured party did not conduct a loss mitigation analysis, describe all reasons why a loss mitigation analysis was not conducted, and describe why the borrower(s) did not qualify for a loss mitigation program: ______

I solemnly affirm under the penalties of perjury and upon personal knowledge based on review of the records described herein or attached hereto that the contents of this affidavit are true.

______Signature of Affiant Date

______Print Name and Title of Affiant

APPENDIX F (Page 1 of 3)

REQUEST FOR FORECLOSURE MEDIATION (Instructions) Name(s) of Homeowner: ______Property Address: ______

What is foreclosure mediation? Foreclosure mediation is a process that allows you, a representative from your mortgage company, and a neutral third party mediator from the Maryland Office of Administrative Hearings to meet and discuss alternatives to foreclosure. The goal of foreclosure mediation is to help you avoid foreclosure. At mediation, you and your mortgage company may agree to an option to avoid foreclosure. However, making a request for foreclosure mediation does not guarantee a loan modification or other relief.

INSTRUCTIONS TO PARTICIPATE IN FORECLOSURE MEDIATION:

■ Carefully read all of the documents included in this packet.

■ Application (on next page) – Initial each statement to confirm that you have read and understand them. Sign and date the Application. Check the “Yes” box if you would like a Maryland Department of Housing and Community Development representative or a housing counselor to contact you. Sign and date the Certificate of Service.

■ Make two copies of the Application.

■ Send the original signed Application, Certificate of Service and $50 fee in the envelope addressed to the Circuit Court. DO NOT SEND CASH. Most Circuit Courts accept checks or money orders payable to “Clerk of the Circuit Court.” To confirm that your method of payment will be accepted, consider contacting the Clerk's office in the Circuit Court of the county in which your property is located. Consider sending your Application and payment by certified mail or return receipt requested mail.

■ Application and payment by certified mail or return receipt requested mail.

■ Send one copy of the completed Application and Certificate of Service in the envelope addressed to the foreclosure attorney representing your mortgage company.

■ Keep the second copy for your records.

If you need help filling out this form:

TO ACCESS FREE HOUSING COUNSELING SERVICES, CALL THE MARYLAND HOPE HOTLINE AT 1-877-462-7555 OR GO TO WWW.MDHOPE.ORG

APPENDIX F (Page 2 of 3)

REQUEST FOR FORECLOSURE MEDIATION (Application) Circuit Court: ______Case No.: ______Name and Address of the Secured Party or Representative of Secured Party: ______Name and Address of the Borrower(s): ______

Initial each statement below to confirm that you have read and understand them. If you do not understand the information, please contact the MD Hope Hotline at 877-462-7555 or visit www.mdhope.org to find a housing counselor or free legal services near you.

____ I am requesting foreclosure mediation to see if I qualify for a loan modification or other alternative to a foreclosure sale of my home.

____ I have enclosed my $50 fee for filing this Request for Foreclosure Mediation Application. (Make checks payable to the “Clerk of the Circuit Court.” DO NOT SEND CASH.)

NOTE: If you qualify for free legal services under the Maryland Legal Services Guidelines, you may request a waiver of your foreclosure mediation fee. You must submit a completed Request for Waiver of Filing Fee for Foreclosure Mediation form (available at http://mdcourts.gov/courtforms/circuit/cc080.pdf) together with this request for foreclosure mediation.

I would like to be contacted by a Department of Housing and Community Development representative or a housing counselor:  YES  NO

If so, please provide your preferred contact information: ______

I/We, ______, certify that I/we live in the property for which this Application is being submitted.

______Signature of Borrower Signature of Borrower ______Printed Name Printed Name

______Date Date

APPENDIX F (Page 3 of 3)

If at least one borrower is willing and able to review and sign the Application and the other borrower(s) is unavailable or unwilling to review or sign the Application, please explain the circumstances in the space below:

______

Please provide a mailing address, telephone number, and email address if known, for any additional borrowers who have not signed the Application:

______

CERTIFICATE OF SERVICE

I certify that I have sent a copy of this Request for Foreclosure Mediation to the Clerk of the Circuit Court and to the secured party, or the representative of the secured party, by regular U.S. mail, postage pre-paid, at the address listed at the top of this form. I have served the party that brought this foreclosure action by sending this Request for Foreclosure Mediation by regular U.S. mail, postage pre-paid, to its foreclosure attorney in (or at the address on) the addressed envelope provided with this form.

______Signature of Borrower Date

______Print Name

APPENDIX G (PAGE 1 OF 5)

LOSS MITIGATION APPLICATION

See Instructions corresponding with numbers in brackets {} on form

Loss Mitigation Application page 1 COMPLETE ALL PAGES OF THIS FORM Loan Number: {1} (at least last 4 digits) Servicer: _{2}______

BORROWER {3} CO-BORROWER {4}

Borrower=s Name Co-Borrower=s Name

Social Security No. Date of Birth Social Security No. Date of Birth

Home phone number. with area code Home phone number with area code

Cell or work number with area code Cell or work number with area code

I want to: {5} G Keep the Property G Sell the Property

The property is my: G Primary Residence G Second Home G Investment

The property is: G Owner Occupied G Renter Occupied G Vacant

Mailing address: {6}

Property address (if same as mailing address, just write Asame@ E-mail address

Is the property listed for sale? G Yes G No {7} {8} Have you received an offer on the property? G Yes G No Have you contacted a housing-counseling agency for help G Yes G No Date of offer Amount of offer $ ______If yes, please complete the following: Agent=s Name? ______Counselor=s Name: Agent=s Phone Number: Agency Name: ______Counselor=s Phone Number: For Sale by Owner? G Yes G No Counselor=s E-mail:

Who pays the real estate tax bill on your property: {9} Who pays the hazard insurance premium for your property? {10} G I do G Lender does G Paid by condo or HOA G I do G Lender does G Paid by condo or HOA Are the taxes current? G Yes G No Is the policy current? G Yes G No Condominium or HOA fees G Yes G No $ Name of Insurance Co.: Paid to: Insurance Co. Tel #:

Have you filed for bankruptcy? G Yes G No If yes: G Chapter 7 G Chapter 13 Filing Date: ______{11} Has your bankruptcy been discharged? G Yes G No Bankruptcy case number: ______

Additional Liens/Mortgages or Judgments on this property: {12}

Lien Holder=s Name/Servicer Balance Contact Number Loan Number

HARDSHIP AFFIDAVIT {13}

I am requesting review under your loss mitigation program. I am having difficulty making my monthly payment because of financial difficulties created by (check all that apply):

G My household income has been reduced. For example: unemployment, G My monthly debt payments are excessive and I am overextended with underemployment, reduced pay or hours, decline in business earnings, my creditors. Debt includes credit cards, home equity or other debt. death, disability or divorce of a borrower or co-borrower.

G My expenses have increased. For example: monthly mortgage G My cash reserves, including all liquid assets, are insufficient to payment reset, high medical or health care costs, uninsured losses, maintain my current mortgage payment and cover basic living increased utilities or property taxes. expenses at the same time. APPENDIX G (PAGE 2 OF 5)

G Other:

Explanation (continue on back of page 3 if necessary):

INCOME/EXPENSES FOR HOUSEHOLD 1 Number of People in Household: {14}

Monthly Gross Wages {15} $ First Mortgage Payment {26} $ Checking Account(s) {37} $

Overtime {16} $ Second Mortgage Payment $ Checking Account(s) {38} $ {27}

Child Support/ Alimony {17} $ Insurance {28} $ Savings/ Money Market {39} $ / Separation 2

Social Security / SSDI {18} $ Property Taxes {29} $ CDs {40} $

Other monthly income from $ Credit Cards / Installment $ Stocks / Bonds {41} $ pensions, annuities or Loan(s) (total minimum retirement plans {19} payment per month) {30}

Tips, commissions, bonus and $ Alimony, child support $ Other Cash on Hand {42} $ self-employed income {20} payments {31}

Rents Received {21} $ Net Rental Expenses {32} $ Other Real Estate (estimated $ value) {43}

Unemployment income {22} $ HOA/Condo Fees / Property $ Other: $ Maintenance {33} {44}

Food Stamps / Welfare {23} $ Car Payments {34} $ Other: $ {45}

Other (investment income, $ Other: $ Do not include the value of life insurance or retirement royalties, interest, dividends plans when calculating assets (401K, pension funds, annuities, IRAs, Keogh plans, etc.) etc.) {24} {35}

Total (Gross Income) {25} $ Total Debt / Expenses {36} $ Total Assets {46} $

INCOME MUST BE DOCUMENTED 1 Include combined monthly income and expenses from the borrower and co-borrower (if any). If this includes income and expenses from a household member who is not a borrower, please specify using the back of this form if necessary. 2 You are not required to disclose Child Support, Alimony or Separation Maintenance income, unless you choose to have it considered by your servicer. APPENDIX G (PAGE 3 OF 5)

LOSS MITIGATION APPLICATION ACKNOWLEDGMENT AND AGREEMENT

In making this request for consideration under your loss mitigation program, I certify under penalty of perjury:

1. That all of the information in this document is truthful and the event(s) identified on page 1 is/are the reason that I need to request a modification of the terms of my mortgage loan, short sale or deed-in-lieu of foreclosure.

2. I understand that the Servicer, , or its agents may investigate the accuracy of my statements and may require me to provide supporting documentation. I also understand that knowingly submitting false information may violate the law.

3. I understand the Servicer will pull a current credit report on all borrowers obligated on the Note.

4. I understand that if I have intentionally defaulted on my existing mortgage, engaged in fraud or misrepresented any fact(s) in connection with this document, the Servicer may cancel any loss mitigation agreement and may pursue foreclosure on my home.

5. That my Property is owner-occupied; I intend to reside in this property for the next twelve months; I have not received a condemnation notice; and there has been no change in the ownership of the Property since I signed the documents for the mortgage that I want to modify.

6. I am willing to provide all requested documents and to respond to all Servicer questions in a timely manner.

7. I understand that the Servicer will use the information in this document to evaluate my eligibility for a loan modification, short sale, or deed-in-lieu of foreclosure, but the Servicer is not obligated to offer me assistance based solely on the statements in this document.

8. I am willing to commit to housing counseling if it is determined that my financial hardship is related to excessive debt.

9. I understand that the Servicer will collect and record personal information, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, government monitoring information, and information about account balances and activity. I understand and consent to the disclosure of my personal information and the terms of any loss mitigation agreement to any third party that needs this information to process this application, including but not limited to: any investor, insurer, guarantor or servicer that owns, insures, guarantees or services my first lien or subordinate liens (if applicable) mortgage loan(s); any companies that perform support services in conjunction with my mortgage; any HUD- certified housing counselor; and government regulators.

{47}______Borrower Signature Date

______Co-Borrower Signature Date APPENDIX G (PAGE 4 OF 5)

Maryland HOPE Hotline

Call the Maryland HOPE hotline at 1-877-462-7555 or go to www.MDHOPE.org for information on housing counseling.

Instructions for Completing Loss Mitigation Application

The numbers for each item below correspond to the same numbers in the form above.

{1} Your loan number on your mortgage loan statement. {2} Your loan “Servicer” is the financial institution that collects your monthly payment. {3} The borrower section must include information on the person whose name is on the “Note” for the mortgage loan. {4} The co-borrower is a second person on the note for the mortgage loan. Do not fill out this section for someone who is not obligated on the note for the mortgage loan. {5} For this section you should choose one option for each question. {6} Please provide a mailing address and a residential “Property” address if different. The Property address should correspond to the mortgage for which you are submitting a Loss Mitigation Application. {7} If your Property is not listed for sale, you do not need to fill out the rest of Section 7. Only include offers for sale that you received in the past year. {8} Counselors are available free of charge and can be located on the Maryland Hope website www.MDHOPE.org. {9} If your real estate taxes and property insurance are part of the monthly payment that you make to your servicer, select “lender does.” “HOA” means Homeowner’s Association. {10} If your hazard insurance premium is part of the monthly payment that you make to your servicer, select “lender does.” “HOA” means Homeowner’s Association. {11} The filing date indicates when you officially filed for bankruptcy. Only check the “yes” box for a discharged bankruptcy if you no longer owe any obligations. {12} Additional liens include second (or third) mortgages and home equity lines of credit. {13} Please select as many hardships as apply to your situation. You can use the extra lines to explain your hardship, though extensive explanations could delay the processing of your application. {14} Indicate the total number of people in your household. {15} Monthly gross wages are what you receive before taxes. Use your most current pay stub to find this amount. {16} This amount should be listed on a current pay stub. {17} If you receive child support, alimony, or separation maintenance income, you are not required by law to report it. You should only include this amount if you would like it to be included in the income calculation. {18} SSDI means Social Security/Disability Income. {19} Only include if you are retired and collecting income from retired funds. {20} If reported, this amount will be on your pay stub. {21} Only include rental income if used as part of your overall income. {22} You must have at least nine months of unemployment income to report on this form. APPENDIX G (PAGE 5 OF 5)

{23} Report the amount indicated on your benefits letter. You must provide a copy of this letter as documentation of this income. {24} Add all other income and report sum in this box. {25} Add all amounts in income column (boxes 15-24) and report sum. {26} This amount can be found on your statement for your first mortgage. {27} If applicable, this amount can be found on the statement for your second mortgage or home equity lines of credit. {28} This refers only to homeowner’s insurance and should be reported only if you pay this yourself. {29} Only report these taxes if you pay them yourself. {30} Add all credit cards and installment payments and report sum here. {31} If you are responsible for paying child support or alimony, you must report the amount here. {32} Report amount if your total rental income does not cover your total rental expenses. {33} “HOA” means Homeowner’s Association. {34} Include car payments only if you are the owner of the vehicle. {35} Include any other pertinent household expenses. {36} Add all amounts in expense column (boxes 26-35) and report sum. {37}-{39} Report amounts for all accounts, if applicable. {40} “CDs” means certificates of deposit. {41}-{42} Report amounts for all accounts, if applicable. {43} Include estimated value for all other properties owned. {44}-{45} Report any other assets other than the value of life insurance or retirement plans, including 401K, pension funds, IRAs, Keogh plans, etc. {46} Add all amounts in assets column (boxes 37-45) and report sum. {47} Please be sure to read the entire Loss Mitigation Application Acknowledgement and Agreement before signing. Do not leave off a signature as this will decrease efficient document processing.

APPENDIX H-1 (PAGE 1 OF 1)

NOTICE OF FORECLOSURE ACTION [Owner-Occupied - Preliminary Loss Mitigation Affidavit]

This Notice is Required by Maryland Law (Real Property Article, §7-105.1, Annotated Code of Maryland).

A foreclosure sale of this property may occur as soon as 68 days from this notice if you do not respond

If you own and live in this home, you may qualify for alternatives to foreclosure, but you must act quickly.

We have included:

 Preliminary Loss Mitigation Affidavit – this is a legal document completed by your mortgage company (sometimes referred to as servicer) explaining that they have not completed an evaluation of your loan for possible alternatives to foreclosure and why.  Loss Mitigation Application – this is the application that your mortgage company will review to see if you qualify for alternatives to foreclosure. If you need help completing this form, please contact a housing counselor (information below).  Addressed Envelope to mail the Loss Mitigation Application.

YOU ARE NOT ALONE. THERE ARE FREE RESOURCES AVAILABLE IN MARYLAND.

TO ACCESS FREE HOUSING COUNSELING SERVICES, CALL THE MARYLAND HOPE HOTLINE AT 1-877-462-7555 OR GO TO WWW.MDHOPE.ORG

What happens if you do nothing? In 28 days or more, you will receive a Final Loss Mitigation Affidavit, which will include a form to request FORECLOSURE MEDIATION.  You qualify for foreclosure mediation only after the Final Loss Mitigation Affidavit has been filed with the court.  You will have only 25 days to request foreclosure mediation after you receive the Final Loss Mitigation Affidavit so it is important that you continue to open your mail.

Beware of anyone offering to “save” your home or requesting an upfront fee before providing assistance. This is illegal in the State of Maryland. If you believe you have been a victim of a scam, please contact Maryland's office of the Commissioner of Financial Regulation by calling 410-230-6077 or visiting http://www.dllr.state.md.us/finance/.

BEFORE YOU MAIL THE LOSS MITIGATION APPLICATION, MAKE A COPY FOR YOUR RECORDS

APPENDIX H-2 (PAGE 1 OF 1)

NOTICE OF FORECLOSURE ACTION [Owner-Occupied - Final Loss Mitigation Affidavit]

This Notice is Required by Maryland Law (Real Property Article, §7-105.1, Annotated Code of Maryland).

A foreclosure sale of this property may occur as soon as 40 days from this notice if you do not respond

If you own and live in this home, you may request a meeting with your mortgage company called FORECLOSURE MEDIATION, but you must act quickly.

We have included:

 Request for Foreclosure Mediation – this is the form you need to complete to request foreclosure mediation. **This form must be sent back within 25 days - DO NOT DELAY**  Final Loss Mitigation Affidavit – this is a legal document completed by the mortgage company explaining why they have been unable to offer an alternative to foreclosure.  2 Addressed envelopes:

o Return to the court the original signed Request for Foreclosure Mediation in the envelope marked “REQUEST FOR FORECLOSURE MEDIATION”.

o Mail a copy of the Request for Foreclosure Mediation in the envelope addressed to the foreclosure attorney who represents your mortgage company.

YOU ARE NOT ALONE. THERE ARE FREE RESOURCES AVAILABLE IN MARYLAND.

TO ACCESS FREE HOUSING COUNSELING SERVICES, CALL THE MARYLAND HOPE HOTLINE AT 1-877-462-7555 OR GO TO WWW.MDHOPE.ORG

What happens if you do nothing? If you do not request foreclosure mediation, the mortgage company may foreclose on your home. If you wish to remain in your home, PLEASE contact the MD Hope Hotline. You need to understand your options and the consequences of doing nothing.

Beware of anyone offering to “save” your home or requesting an upfront fee before providing assistance. This is illegal in the State of Maryland. If you believe you have been a victim of a scam, please contact Maryland's office of the Commissioner of Financial Regulation by calling 410-230-6077 or visiting http://www.dllr.state.md.us/finance/.

TO REQUEST FORECLOSURE MEDIATION TURN THE PAGE APPENDIX H-3 (PAGE 1 OF 1)

NOTICE OF FORECLOSURE ACTION [Owner-Occupied - Prefile Mediation - No Mediation Agreement]

This Notice is Required by Maryland Law (Real Property Article, §7-105.1, Annotated Code of Maryland).

A foreclosure sale of this property may occur as soon as 15 days from this notice. You are not entitled to foreclosure mediation.

We have included the Final Loss Mitigation Affidavit – this is a legal document completed by the mortgage company explaining why they have been unable to offer an alternative to foreclosure.

YOU ARE NOT ALONE. THERE ARE FREE RESOURCES AVAILABLE IN MARYLAND.

TO ACCESS FREE HOUSING COUNSELING SERVICES, CALL THE MARYLAND HOPE HOTLINE AT 1-877-462-7555 OR GO TO WWW.MDHOPE.ORG

If you have funds available to bring your loan current, contact [insert contact person to provide reinstatement figure and instructions to reinstate the loan] before sending any money to your mortgage company. When you call, ask for the amount needed to reinstate your loan.

Beware of anyone offering to “save” your home or requesting an upfront fee before providing assistance. This is illegal in the State of Maryland. If you believe you have been a victim of a scam, please contact Maryland's office of the Commissioner of Financial Regulation by calling 410-230-6077 or visiting http://www.dllr.state.md.us/finance/. APPENDIX H-4 (PAGE 1 OF 1)

NOTICE OF FORECLOSURE ACTION [Owner-Occupied - Prefile Mediation - Mediation Agreement]

This Notice is Required by Maryland Law (Real Property Article, §7-105.1, Annotated Code of Maryland).

A foreclosure sale of this property may occur as soon as 15 days from this notice

**Check the mediation agreement you received at the mediation session to confirm that no further mediation was provided under the agreement.

**If your mortgage company agreed to additional mediation in the prefile mediation agreement, contact [insert secured party contact person] immediately.

We have included the Final Loss Mitigation Affidavit – this is a legal document completed by the mortgage company explaining why they have been unable to offer an alternative to foreclosure.

YOU ARE NOT ALONE. THERE ARE FREE RESOURCES AVAILABLE IN MARYLAND.

TO ACCESS FREE HOUSING COUNSELING SERVICES, CALL THE MARYLAND HOPE HOTLINE AT 1-877-462-7555 OR GO TO WWW.MDHOPE.ORG

If you have funds available to bring your loan current, contact [insert contact person to provide reinstatement figure and instructions to reinstate the loan] before sending any money to your mortgage company. When you call, ask for the amount needed to reinstate your loan.

Beware of anyone offering to “save” your home or requesting an upfront fee before providing assistance. This is illegal in the State of Maryland. If you believe you have been a victim of a scam, please contact Maryland's office of the Commissioner of Financial Regulation by calling 410-230-6077 or visiting http://www.dllr.state.md.us/finance/. APPENDIX H-5 (PAGE 1 OF 1)

NOTICE OF FORECLOSURE ACTION [Not Owner-Occupied]

This Notice is Required by Maryland Law (Real Property Article, §7-105.1, Annotated Code of Maryland).

A foreclosure sale of this property may occur as soon as 45 days from this notice.

If you have not done so already, you should contact your mortgage company immediately! Programs may be available through your mortgage company to prevent foreclosure, but you MUST ACT NOW!

If you have funds available to bring your loan current, contact [insert contact person to provide reinstatement figure and instructions to reinstate the loan] before sending any money to your mortgage company. When you call, ask for the amount needed to reinstate your loan.

Beware of anyone offering to “save” your residential property or requesting an upfront fee before providing assistance. This is illegal in the State of Maryland. If you believe you have been a victim of a scam, please contact Maryland's office of the Commissioner of Financial Regulation by calling 410-230-6077 or visiting http://www.dllr.state.md.us/finance/.

APPENDIX I (Page 1 of 1)

SECURED PARTY PREFILE FORECLOSURE MEDIATION REPORT TO OFFICE OF ADMINISTRATIVE HEARINGS

Mortgage Loan Servicer: Name of Borrower:

Loan Number: Property Address:

Mortgage Loan Servicer Billing Contact Information

Name:______Name: ______LAST FIRST MI LAST FIRST MI Address:______Address:

______Zip ______ZIP

Telephone No.: ______Telephone No. :

Borrower(s) and Borrower’s Attorney (if applicable)

(#1) Name: ______(#2) Name: ______LAST FIRST MI LAST FIRST MI

Address:______Address:______

______

______Zip______Zip______

Telephone No.:______Telephone No.:______

(#3) Name: ______(#4) Name: ______LAST FIRST MI LAST FIRST MI

Address:______Address:______

______

______Zip______Zip______

Telephone No.:______Telephone No.:______

Mail or fax within five (5) business days after receipt of the borrower Prefile Mediation Application to:

OFFICE OF ADMINISTRATIVE HEARINGS ADMINISTRATIVE LAW BUILDING 11101 GILROY ROAD, UNIT A/CLERK’S OFFICE HUNT VALLEY, MARYLAND 21031 (410) 229-4246 Fax: (410) 229-4266 MD RELAY: 711 Toll Free (800) 388-8805 APPENDIX OAH-1 (Page 1 of 5)

PREFILE FORECLOSURE MEDIATION INSTRUCTIONS

Requirements for Document Exchange And Important Information Regarding Proceedings

IMPORTANT NOTICE ABOUT YOUR APPLICATION FOR PREFILE FORECLOSURE MEDIATION:

By law, you are required to provide certain documents and information to the designated representative of your mortgage company and to the Office of Administrative Hearings (OAH) prior to the foreclosure mediation. These instructions describe the documents and information you are required to provide and how and when they must be provided.

NOTE: IF YOU HAVE ALREADY SUBMITTED DOCUMENTS TO THE OFFICE OF ADMINISTRATIVE HEARINGS, YOU SHOULD NOT SEND A DUPLICATE COPY OF THE DOCUMENTS.

1. The borrower(s) shall provide:

(a) Prior to the foreclosure mediation, a copy of:

■ a completed Borrower(s) Information Worksheet (attached);

■ the borrower(s)’ Prefile Foreclosure Mediation Application (copy of the one you sent) and any other loss mitigation application that you have submitted to your lender;

■ each borrower’s signed federal income tax returns (including all schedules and attachments-ALL PAGES) for the two most recent tax years;

■ the most recent bill and proof of payment for property taxes and insurance, only if borrower pays directly, and not through your mortgage payment;

■ any previous loan modifications (if applicable); and

■ the most recent statement for any other loan borrower may have on the property, if applicable (such as a home equity loan or second mortgage), showing the name, mailing address, and telephone number of the lender(s) in question;

APPENDIX OAH-1 (Page 2 of 5)

(b) At the foreclosure mediation, a copy of:

■ proof of each borrower’s pay (paystub or benefits statements) issued within the last 30 days, covering one month of pay;

■ two most recent paystubs or benefits statements (issued within the last 45 days) for any member of the borrower’s household whose income is to be counted toward payment of the mortgage; and

■ all pages of each borrower’s two most recent bank statements issued within the preceding 60 days.

2. The lender, or representative of the lender, shall provide to OAH and borrower(s) if not already provided:

■ name and contact information (telephone number, mailing and e-mail address) of the individual(s) who will represent the secured party at the foreclosure mediation and will either have authority to settle or be able to readily contact someone with authority to settle the matter at foreclosure mediation (only need to provide to OAH);

■ Notice of Intent to Foreclose;

■ borrower(s)’ payment history;

■ correspondence log of account activities, including servicer contacts with borrower(s), from the time the loan went into default until the date of submission; and

■ separately as to each loss mitigation option considered for the borrower(s), documentation of the basis for denial including:

- the specific data inputs and their sources - an explanation of each specific factor relied upon - relevant portion(s) of investor guidelines - property valuation, if any

3. Timing/Method of Sending.

Documents and information required to be provided to the other party and to the Office of Administrative Hearings must be by one of the following methods at the times indicated: APPENDIX OAH-1 (Page 3 of 5)

• First-class U.S. mail, postage paid – send no later than 23 days before the scheduled date of the foreclosure mediation.

• Next-day air service or hand delivery – ensure delivery no later than 20 days before the scheduled date of the foreclosure mediation.

• By electronic delivery as directed by the Office of Administrative Hearings.

4. Newly Acquired Documents or Information.

If you get new information or documents after the initial disclosure, use the following instructions to disclose:

• If the new documents or information are obtained seven or more days prior to the scheduled date of the foreclosure mediation, the party obtaining the new material shall deliver to the other party and the Office of Administrative Hearings the newly obtained documents or information within one day of receipt by sending the materials by first class U.S. mail, postage paid, or by sending via a next-day air service or hand delivery.

• If the new documents or information are obtained six or fewer days prior to the scheduled date of the foreclosure mediation, the party obtaining the new material shall deliver it to the other party by facsimile or hand delivery and to the Office of Administrative Hearings at the time of the foreclosure mediation.

5. Addresses.

• The borrower(s) shall send all required documents and information to the lender, or representative of the lender, at the address of the lender, or representative of the lender indicated in the Instructions to the Application for Prefile Mediation.

• The lender, or representative of the lender, shall send all required documents and information to the borrower(s) at the borrower(s) address set forth on the Application for Prefile Foreclosure Mediation completed by the borrower(s).

• Each party shall send all required documents to:

Maryland Office of Administrative Hearings Attn: Foreclosure Unit 11101 Gilroy Road Hunt Valley, Maryland 21031

6. Bring Documents to the Foreclosure Mediation.

Prior to the prefile mediation, the borrower is required to participate in housing counseling. The borrower is required by law to bring to the mediation session the housing counseling certificate, signed by the housing counselor who has provided housing counseling services to the borrower. Each party shall bring copies of all documents they have provided to the other party to the scheduled foreclosure mediation.

APPENDIX OAH-1 (Page 4 of 5)

7. Other Important Information Regarding Foreclosure Mediation.

• Authority to Settle:

The person representing the secured party must have authority to settle or be able to readily contact a person with authority to settle the matter.

• Postponement Rules:

(a). A request for postponement shall be considered only if the party requesting the postponement establishes good cause for the postponement.

(b). Except as provided in paragraph (d) below, a request for postponement shall be made in writing and filed with the Office of Administrative Hearings and mailed to the other party not less than five days before the scheduled foreclosure mediation.

(c). Documentation of the reasons for the postponement may be required from the party making the request.

(d). Emergency Request for Postponement:

i. For purposes of this paragraph, “emergency” means a sudden, unforeseen occurrence requiring immediate attention that arises within five days of the foreclosure mediation date.

ii. In an emergency, a request for postponement may be made by telephone.

(e). When practicable, all parties to the proceeding shall be contacted before a ruling on a postponement request is made by the Office of Administrative Hearings.

IF YOU HAVE QUESTIONS REGARDING THIS MATTER, CALL THE OAH, FORECLOSURE UNIT, AT 410-229-4246 APPENDIX OAH-1 (Page 5 of 5)

BORROWER(S) INFORMATION WORKSHEET

(FORM TO BE SUBMITTED WITH DOCUMENT EXCHANGE)

OAH Case Number: ______Name of Borrower: ______

A. Household Expenses B. Your Monthly Income

Fixed Monthly Expenses Payment Net Income (after Gross Income Mortgage $ taxes and deductions Second Mortgage $ Condo/Homeowner $ $ $ Association Fees Gas and Electric $ C. Spouse/Partner’s Heating Oil $ Monthly Income Water and Sewer $ Phone $ Net Income (after Gross Income Car Payment 1 $ taxes and deductions Car Payment 2 $ $ $ Auto Insurance $ Life Insurance $ D. Other Household Medical Insurance $ Monthly Income Alimony/Child Support $ Alarm System $ Net Income (after Gross Income Property Taxes/Insurance $ taxes and deductions Other/ Credit Card Payment(s) $ $ $ from Section E Sub-Total $ E. Credit Cards and Other Debt Variable Monthly Expenses Payment

Groceries $ Creditor Name Payment Balance Eating Out $ $ $ Gas $ $ $ Bus/Taxi/Parking Fees $ $ $ Car Repairs $ $ $ Toiletries/Hair Care $ $ $ Medical Expenses $ Total $ $ Day Care/Babysitters $ Internet/Cable Television $ F. Surplus/Deficit Clothing/ Laundry $ Cigarettes/Alcohol $ Total Net Monthly Household $ Church/Charity $ Income (B+C+D) Entertainment/Lottery $ - Total Monthly Expenses (A) $ Pet care/food $

Cell Phone $ = Monthly Surplus/Deficit $ Tuition/Education $ Other $ Sub-Total $

Total Monthly Expenses $

APPENDIX OAH -2 (Page 1 of 5)

FORECLOSURE MEDIATION INSTRUCTIONS

Requirements for Document Exchange and Important Information Regarding Proceedings

IMPORTANT NOTICE ABOUT YOUR REQUEST FOR FORECLOSURE MEDIATION:

By law, you are required to provide certain documents and information to the designated representative of your mortgage company and to the Office of Administrative Hearings (OAH) prior to the foreclosure mediation. These instructions describe the documents and information you are required to provide and how and when they must be provided.

NOTE: IF YOU HAVE ALREADY SUBMITTED DOCUMENTS TO THE OFFICE OF ADMINISTRATIVE HEARINGS, YOU SHOULD NOT SEND A DUPLICATE COPY OF THE DOCUMENTS.

1. The borrower(s) shall provide:

(a) Prior to the foreclosure mediation, a copy of:

■ a completed Borrower(s) Information Worksheet (attached);

■ the borrower(s)’ Request for Foreclosure Mediation Application (copy of the one you sent);

■ each borrower’s signed federal income tax returns (including all schedules and attachments-ALL PAGES) for the two most recent tax years;

■ the most recent bill and proof of payment for property taxes and insurance, only if borrower pays directly, and not through your mortgage payment;

■ any previous loan modifications (if applicable); and

■ the most recent statement for any other loan borrower may have on the property, if applicable (such as a home equity loan or second mortgage), showing the name, mailing address, and telephone number of the lender(s) in question;

APPENDIX OAH -2 (Page 2 of 5)

(b) At the foreclosure mediation, a copy of:

■ proof of each borrower’s pay (paystub or benefits statements) issued within the last 30 days, covering one month of pay;

■ two most recent paystubs or benefits statements (issued within the last 45 days) for any member of the borrower’s household whose income is to be counted toward payment of the mortgage; and

■ all pages of each borrower’s two most recent bank statements issued within the preceding 60 days.

2. The lender, or representative of the lender, shall provide to OAH and borrower(s) if not already provided:

■ borrower(s)’ Loss Mitigation Application (only need to provide to OAH);

■ name and contact information (telephone number, mailing and e-mail address) of the individual(s) who will represent the secured party at the foreclosure mediation and will either have authority to settle or be able to readily contact someone with authority to settle the matter at foreclosure mediation (only need to provide to OAH);

■ Notice of Intent to Foreclose;

■ Order to Docket (including attachments);

■ Final Loss Mitigation Affidavit;

■ borrower(s)’ payment history;

■ correspondence log of account activities, including servicer contacts with borrower(s), from the time the loan went into default until the date of submission; and

■ separately as to each loss mitigation option considered for the borrower(s), documentation of the basis for denial including:

- the specific data inputs and their sources - an explanation of each specific factor relied upon - relevant portion(s) of investor guidelines - property valuation, if any

APPENDIX OAH -2 (Page 3 of 5)

3. Timing/Method of Sending.

Documents and information required to be provided to the other party and to the Office of Administrative Hearings must be by one of the following methods at the times indicated:

• First-class U.S. mail, postage paid – send no later than 23 days before the scheduled date of the foreclosure mediation.

• Next-day air service or hand delivery – ensure delivery no later than 20 days before the scheduled date of the foreclosure mediation.

• By electronic delivery as directed by the Office of Administrative Hearings.

4. Newly Acquired Documents or Information.

If you get new information or documents after the initial disclosure, use the following instructions to disclose:

• If the new documents or information are obtained seven or more days prior to the scheduled date of the foreclosure mediation, the party obtaining the new material shall deliver to the other party and the Office of Administrative Hearings the newly obtained documents or information within one day of receipt by sending the materials by first class U.S. mail, postage paid, or by sending via a next-day air service or hand delivery.

• If the new documents or information are obtained six or fewer days prior to the scheduled date of the foreclosure mediation, the party obtaining the new material shall deliver it to the other party by facsimile or hand delivery and to the Office of Administrative Hearings at the time of the foreclosure mediation.

5. Addresses.

• The borrower(s) shall send all required documents and information to the lender, or representative of the lender, at the address of the lender, or representative of the lender, set forth in the Final Loss Mitigation Affidavit filed with the court.

• The lender, or representative of the lender, shall send all required documents and information to the borrower(s) at the borrower(s) address set forth on the Request for Foreclosure Mediation form completed by the borrower(s).

• Each party shall send all required documents to:

Maryland Office of Administrative Hearings Attn: Foreclosure Unit 11101 Gilroy Road Hunt Valley, Maryland 21031

6. Bring Documents to the Foreclosure Mediation. Each party shall bring copies of all documents they have provided to the other party to the scheduled foreclosure mediation.

APPENDIX OAH -2 (Page 4 of 5)

7. Other Important Information Regarding Foreclosure Mediation.

• Authority to Settle:

The person representing the secured party must have authority to settle or be able to readily contact a person with authority to settle the matter.

• Postponement Rules:

(a). A request for postponement shall be considered only if the party requesting the postponement establishes good cause for the postponement.

(b). Except as provided in paragraph (d) below, a request for postponement shall be made in writing and filed with the Office of Administrative Hearings and mailed to the other party not less than five days before the scheduled foreclosure mediation.

(c). Documentation of the reasons for the postponement may be required from the party making the request.

(d). Emergency Request for Postponement:

i. For purposes of this paragraph, “emergency” means a sudden, unforeseen occurrence requiring immediate attention that arises within five (5) days of the foreclosure mediation date.

ii. In an emergency, a request for postponement may be made by telephone.

(e). When practicable, all parties to the proceeding shall be contacted before a ruling on a postponement request is made by the Office of Administrative Hearings.

IF YOU HAVE QUESTIONS REGARDING THIS MATTER, CALL THE OAH, FORECLOSURE UNIT, AT 410-229-4246

APPENDIX OAH -2 (Page 5 of 5)

BORROWER(S) INFORMATION WORKSHEET

(FORM TO BE SUBMITTED WITH DOCUMENT EXCHANGE)

OAH Case Number: ______Name of Borrower: ______

A. Household Expenses B. Your Monthly Income

Fixed Monthly Expenses Payment Net Income (after Gross Income Mortgage $ taxes and deductions Second Mortgage $ Condo/Homeowner $ $ $ Association Fees Gas and Electric $ C. Spouse/Partner’s Heating Oil $ Monthly Income Water and Sewer $ Phone $ Net Income (after Gross Income Car Payment 1 $ taxes and deductions Car Payment 2 $ $ $ Auto Insurance $ Life Insurance $ D. Other Household Medical Insurance $ Monthly Income Alimony/Child Support $ Alarm System $ Net Income (after Gross Income Property Taxes/Insurance $ taxes and deductions Other/ Credit Card Payment(s) $ $ $ from Section E Sub-Total $ E. Credit Cards and Other Debt Variable Monthly Expenses Payment

Groceries $ Creditor Name Payment Balance Eating Out $ $ $ Gas $ $ $ Bus/Taxi/Parking Fees $ $ $ Car Repairs $ $ $ Toiletries/Hair Care $ $ $ Medical Expenses $ Total $ $ Day Care/Babysitters $ Internet/Cable Television $ F. Surplus/Deficit Clothing/ Laundry $ Cigarettes/Alcohol $ Total Net Monthly Household $ Church/Charity $ Income (B+C+D) Entertainment/Lottery $ - Total Monthly Expenses (A) $ Pet care/food $

Cell Phone $ = Monthly Surplus/Deficit $ Tuition/Education $ Other $ Sub-Total $

Total Monthly Expenses $

APPENDIX OAH-3 (Page 1 of 3)

Office of Administrative Hearings 11101 Gilroy Road Hunt Valley, Maryland 21031 Phone: (410) 229-4246 Fax: 229-4266 MD RELAY: 711 Toll Free: (800)388-8805

Foreclosure Mediation Checklist - Prefile Mediation

OAH Case Number: ______Foreclosure Mediation Date/Time: ______Name of Secured Party: ______Name of Borrower: ______Loan No.: ______Additional Parties present: ______

PART I - PRELIMINARY MATTERS

 Housing Counseling

 Certification of housing counseling services received.

 No certification of housing counseling services received. Check below, as applicable.

 Secured party accepted certification executed by borrower(s). See attached form.

 Secured party waived housing counseling certification. See attached form.

PART II - OPTIONS FOR RESOLUTION

 Retention

 Refinance

APPENDIX OAH-3 (Page 2 of 3)

 Over-equity refinance

 Forbearance agreement

 Property rent-back

 Loan modification

 Payment in full [of delinquency amount, fees and penalties as of the date of the mediation session] (reinstate loan)

 Other ______

 Liquidation - Tax implications discussed for each option

 Structured liquidation agreement

 Short sale

 Deed in lieu of foreclosure

 Cash for keys

 Private auction

 Other ______

 Deficiency balance

 Further mediation - preservation of additional or postfile mediation

______Borrower: ______

______Borrower: ______

APPENDIX OAH-3 (Page 3 of 3)

______Secured Party: ______

______Representative of Secured Party: ______

______Other Party: ______

______Other Party: ______

APPENDIX OAH-4 (Page 1 of 2)

Office of Administrative Hearings 11101 Gilroy Road Hunt Valley, Maryland 21031 Phone: (410) 229-4246 Fax: 229-4266 MD RELAY: 711 Toll Free: (800)388-8805

Foreclosure Mediation Checklist - Postfile Mediation

Circuirt Court Case No. : ______OAH Case Number: ______Foreclosure Mediation Date/Time: ______Name of Secured Party: ______Name of Borrower: ______Loan No.: ______Additional Parties present: ______

OPTIONS FOR RESOLUTION

 Retention

 Refinance

 Over-equity refinance

 Forbearance agreement

 Property rent-back

 Loan modification

 Payment in full [of delinquency amount, fees and penalties as of the date of the mediation session] (reinstate loan)

 Other ______

APPENDIX OAH-4 (Page 2 of 2)

 Liquidation - Tax implications discussed

 Structured liquidation agreement

 Short sale

 Deed in lieu of foreclosure

 Cash for keys

 Private auction

 Other ______

 Deficiency balance

______Borrower: ______

______Borrower: ______

______Secured Party: ______

______Representative of Secured Party: ______

______Other Party: ______

______Other Party: ______

APPENDIX OAH-5 (Page 1 of 1)

Office of Administrative Hearings 11101 Gilroy Road Hunt Valley, Maryland 21031 Phone: (410) 229-4246 Fax: 229-4266 MD RELAY: 711 Toll Free: (800)388-8805

Borrower Certification of Housing Counseling

OAH Case Number: ______Foreclosure Mediation Date/Time: ______Name of Secured Party: ______Name of Borrower: ______Loan No.: ______

I/We certify that we participated in housing counseling on [insert date] with [insert name of housing counselor].

Borrower: ______

______Borrower: ______

APPENDIX OAH-6 (Page 1 of 1)

Office of Administrative Hearings 11101 Gilroy Road Hunt Valley, Maryland 21031 Phone: (410) 229-4246 Fax: 229-4266 MD RELAY: 711 Toll Free: (800)388-8805

Secured Party Waiver of Housing Counseling

OAH Case Number: ______Foreclosure Mediation Date/Time: ______Name of Secured Party: ______Name of Borrower: ______Loan No.: ______

[NAME OF SECURED PARTY] waives the receipt of housing counseling certification.

______Secured Party Name:______Position:______

or

______Representative of Secured Party Name: ______Position:______

1407 Errata

COMAR 11.15.35 At 39:18 Md. R. 1211 (September 7, 2012), column 2, line 11 from the top: For: 13-106, 17-104.1, and 21-1306.1; Insurance Article, §19-505, Annotated Read: 13-106, 13-802, 13-806, 17-104.1, and 21-1306.1; Insurance Article, §19-505, Annotated

At 39:18 Md. R. 1212 (September 7, 2012), column 2, line 32 from the top: For: highway recreational vehicle after October 1, 2010, shall: Read: highway recreational vehicle on or after October 1, 2010, shall: [12-21-37]

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 1408 Special Documents MARYLAND HEALTH CARE COMMISSION SCHEDULES FOR CERTIFICATE OF NEED REVIEW The Maryland Health Care Commission provides the following schedules to interested members of the public and potential developers of projects involving health services and facilities that are subject to Certificate of Need (―CON‖) review and approval. The general criteria for Certificate of Need review are set forth at COMAR 10.24.01.08G(3). An applicant must demonstrate that the proposed project is consistent with these review criteria. It will be noted that the first criterion is evaluation of the project according to all relevant State Health Plan standards. This Certificate of Need review schedule updates and extends the schedule published in 39:8 Md. Register, pages 583-587 (April 20, 2012), by repealing each previously published scheduled review for which the due date for receipt of Letters of Intent has not yet occurred. This review schedule is not a solicitation by the Commission for Certificate of Need applications, and does not indicate, in of itself, that additional capacity is needed in services subject to Certificate of Need review, or that Certificate of Need applications submitted for the services described will be approved by the Commission. Applicants are encouraged to discuss their development plans and projects with the Commission Staff prior to filing letters of intent or applications. Letters of Intent and applications for scheduled reviews may only be received and reviewed according to these published schedules. All Letters of Intent and Certificate of Need applications, including all of the required number of copies of CON applications, must be received at the offices of the Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, Maryland 21215, no later than 4:30 p.m. on the scheduled date of submission. For further information about review schedules or procedures, call Paul Parker, Chief of Certificate of Need, at (410) 764-3261.

Acute Care Hospital Projects: Capital Construction and Changes to Bed Capacity The Commission hereby publishes the following schedules for the submission of Certificate of Need applications by acute care general hospitals, for projects that involve capital expenditures related to replacement of hospital facilities, new construction or renovation to existing hospitals, proposed changes in bed capacity or operating room capacity at existing hospitals, or projects that involve more than one of these categories. Note that the following schedules do not apply to a project to establish a new acute care hospital.

Schedule One: All Acute Care Hospital Projects

Letter of Intent Pre-Application Application Jurisdictions Due Date Conference Date Submission Date

Allegany, Frederick, Garrett, Washington November 2, 2012 November 14, 2012 January 4, 2013

Anne Arundel, Baltimore, Carroll, Harford, December 7, 2012 December 19, 2012 February 8, 2013 Howard, Baltimore City

Caroline, Cecil, Dorchester, Kent, Queen Anne‘s, January 4, 2013 January 16, 2013 March 8, 2013 Somerset, Talbot, Wicomico, Worcester

Calvert, Charles, Montgomery, Prince George‘s, February 1, 2013 February 13, 2013 April 5, 2013 St. Mary‘s

Schedule Two: All Acute Care Hospital Projects

Letter of Intent Pre-Application Application Jurisdictions Due Date Conference Date Submission Date

Allegany, Frederick, Garrett, Washington May 3, 2013 May 15, 2013 July 5, 2013

Anne Arundel, Baltimore, Carroll, Harford, June 7, 2013 June 19, 2013 August 9, 2013 Howard, Baltimore City

Caroline, Cecil, Dorchester, Kent, Queen Anne‘s, July 5, 2013 July 17, 2013 September 6, 2013 Somerset, Talbot, Wicomico, Worcester

Calvert, Charles, Montgomery, Prince George‘s, St. August 2, 2013 August 14, 2013 October 4, 2013 Mary‘s

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 SPECIAL DOCUMENTS 1409 Special Hospitals (Pediatric, Psychiatric, Chronic, and Rehabilitation) The Commission hereby publishes the following schedules for the submission of applications for any action related to facilities within the ―special hospital‖ license category (psychiatric, chronic, rehabilitation, or pediatric), for projects including a replacement facility for an existing special hospital, capital expenditures for new construction or renovation at an existing special hospital, or changes to service categories or bed capacity in an existing special hospital. Note that the following schedules do not apply to a project to establish a new special hospital. For this special hospital services schedule, the Commission will use the following regional configuration of counties:

Western Maryland: Central Maryland: Allegany, Carroll, Frederick, Garrett, Washington Anne Arundel, Baltimore, Harford, Howard, Baltimore City

Southern Maryland: Montgomery : Calvert, Charles, Prince George‘s, Montgomery County St. Mary‘s

Eastern Shore: Caroline, Cecil, Dorchester, Kent, Queen Anne‘s, Somerset, Talbot, Wicomico, Worcester

Schedule One Special Hospitals (Pediatric, Psychiatric, Chronic, and Rehabilitation)

Letter of Intent Pre-Application Application Health Planning Region Due Date Conference Date Submission Date

Western Maryland October 5, 2012 October 17, 2012 December 7, 2012

Montgomery County December 7, 2012 December 12, 2012 February 8, 2013

Southern Maryland January 4, 2013 January 16, 2013 March 8, 2013

Central Maryland February 1, 2013 February 13, 2013 April 5, 2013

Eastern Shore March 1, 2013 March 13, 2013 May 3, 2013

Schedule Two Special Hospitals (Pediatric, Psychiatric, Chronic, and Rehabilitation)

Letter of Intent Pre-Application Application Health Planning Region Due Date Conference Date Submission Date

Western Maryland April 5, 2013 April 17, 2013 June 7, 2013

Montgomery County June 7, 2013 June 19, 2013 August 9, 2013

Southern Maryland July 5, 2013 July 17, 2013 September 6, 2013

Central Maryland August 2, 2013 August 14, 2013 October 4, 2013

Eastern Shore September 6, 2013 September 18, 2013 November 8, 2013

Neonatal Intensive Care Units The Commission hereby publishes the following schedules for the submission of applications to establish a new neonatal intensive care unit at an acute care hospital.

Schedule One Neonatal Intensive Care Units

Letter of Intent Pre-Application Application

Due Date Conference Date Submission Date

All regions December 7, 2012 December 19, 2012 February 8, 2013

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 SPECIAL DOCUMENTS 1410 Schedule Two Neonatal Intensive Care Units

Letter of Intent Pre-Application Application

Due Date Conference Date Submission Date

All regions July 5, 2013 July 17, 2013 September 6, 2013

Alcohol and Substance Abuse Treatment Facilities The Commission hereby publishes the following schedules for the submission of Certificate of Need applications to establish intermediate care facilities for the treatment of alcohol and substance abuse. Applications will be considered according to this schedule for programs categorized by the Commission as ―Track 1,‖ or privately-funded facilities, which are required by State Health Plan policies to treat 15 to 30% indigent and ―gray area‖ clients, for adults or adolescents (up to age 17), respectively, in the health service areas in which the Commission‘s projections indicate need for new treatment capacity. Letters of intent and applications to establish ―Track 2,‖ or publicly-funded facilities, defined by the State Health Plan as those ―substantially funded by the budget processes of the State‖ or ―by one or more jurisdictional governments,‖ [(COMAR 10.24.14.08B(21)], which must reserve at least 50% of their proposed annual adolescent or adult bed capacity for indigent and ―gray area‖ patients, may be submitted at any time. In the State Health Plan for this service and in this schedule, the following regional configuration of counties applies:

Western Maryland: Central Maryland: Allegany, Carroll, Frederick, Garrett, Washington Anne Arundel, Baltimore, Harford, Howard, Baltimore City

Southern Maryland: Montgomery: Calvert, Charles, Prince George‘s, Montgomery County St. Mary‘s

Eastern Shore: Caroline, Cecil, Dorchester, Kent, Queen Anne‘s, Somerset, Talbot, Wicomico, Worcester

Schedule One: Track 1 (Private) Facilities for Adults Alcohol and Substance Abuse Treatment Facilities

Letter of Intent Pre-Application Application Health Planning Region Due Date Conference Date Submission Date

Southern Maryland October 5, 2012 October 17, 2012 December 7, 2012

Eastern Shore November 2, 2012 November 14, 2012 January 4, 2013

Montgomery County December 7, 2012 December 19, 2012 February 8, 2013

Western Maryland January 4, 2013 January 16, 2013 March 8, 2013

Central Maryland February 1, 2013 February 13, 2013 April 5, 2013

Schedule Two: Track 1 (Private) Facilities for Adults Alcohol and Substance Abuse Treatment Facilities

Letter of Intent Pre-Application Application Health Planning Region Due Date Conference Date Submission Date

Southern Maryland April 5, 2013 April 17, 2013 June 7, 2013

Eastern Shore May 3, 2013 May 15, 2013 July 5, 2013

Montgomery County June 7, 2013 June 19, 2013 August 9, 2013

Western Maryland July 5, 2013 July 17, 2013 September 6, 2013

Central Maryland August 2, 2013 August 14, 2013 October 4, 2013

Freestanding Ambulatory Surgical Facilities The Commission hereby establishes the following schedules for the submission of applications for new freestanding ambulatory surgical facilities, as defined in statute at Health-General Article §19-114(b).

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 SPECIAL DOCUMENTS 1411 Schedule One Freestanding Ambulatory Surgical Facilities

Letter of Intent Pre-Application Application Jurisdictions Due Date Conference Date Submission Date

Calvert, Charles, Montgomery, Prince George‘s, October 5, 2012 October 17, 2012 December 7, 2012 St. Mary‘s

Anne Arundel, Baltimore, Carroll, Harford, November 2, 2012 November 14, 2012 January 4, 2013 Howard, Baltimore City

Caroline, Cecil, Dorchester, Kent, Queen Anne‘s, December 7, 2012 December 19, 2013 February 8, 2013 Somerset, Talbot Wicomico, Worcester

Allegany, Frederick, Garrett, Washington February 1, 2013 February 13, 2013 April 5, 2013

Schedule Two Freestanding Ambulatory Surgical Facilities

Letter of Intent Pre-Application Application Jurisdictions Due Date Conference Date Submission Date

Calvert, Charles, Montgomery, Prince George‘s, April 5, 2013 April 17, 2013 June 7, 2013 St. Mary‘s

Anne Arundel, Baltimore, Carroll, Harford, May 3, 2013 May 15, 2013 July 5, 2013 Howard, Baltimore City

Caroline, Cecil, Dorchester, Kent, Queen Anne‘s, June 7, 2013 June 19, 2013 August 9, 2013 Somerset, Talbot Wicomico, Worcester

Allegany, Frederick, Garrett, Washington August 2, 2013 August 14, 2013 October 4, 2013

Comprehensive Care Facility Projects The Commission hereby publishes the following schedules for Certificate of Need review of proposed projects affecting comprehensive care facilities (―CCFs‖). In the State Health Plan for this service, the following regional configuration of jurisdictions applies:

Western Maryland: Central Maryland: Allegany, Carroll, Frederick, Garrett, Washington Anne Arundel, Baltimore, Harford, Howard, Baltimore City

Southern Maryland: Montgomery : Calvert, Charles, Prince George‘s, Montgomery County St. Mary‘s

Eastern Shore: Caroline, Cecil, Dorchester, Kent, Queen Anne‘s, Somerset, Talbot, Wicomico, Worcester

These schedules are for CCF projects that do not involve the addition of CCF bed capacity within the jurisdiction in which the project is located. No schedule for submission of projects involving the addition of CCF beds is being established and no such projects will be accepted for review and docketing by MHCC until an update of the 2011 CCF bed need projections, established in 2007, is published.

Schedule One: Comprehensive Care Facility Projects

Letter of Intent Pre-Application Application Health Planning Region Due Date Conference Date Submission Date

Eastern Shore October 5, 2012 October 17, 2012 December 7, 2012

Western Maryland November 2, 2012 November 14, 2012 January 4, 2013

Montgomery County December 7, 2012 December 19, 2012 February 8, 2013

Central Maryland January 4, 2013 January 16, 2013 March 8, 2013

Southern Maryland February 1, 2013 February 13, 2013 April 5, 2013

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 SPECIAL DOCUMENTS 1412

Schedule Two: Comprehensive Care Facility Projects

Letter of Intent Pre-Application Application Health Planning Region Due Date Conference Date Submission Date

Eastern Shore April 5, 2013 April 17, 2013 June 7, 2013

Western Maryland May 3, 2013 May 15, 2013 July 5, 2013

Montgomery County June 7, 2013 June 19, 2013 August 9, 2013

Central Maryland July 5, 2013 July 17, 2013 September 6, 2013

Southern Maryland August 2, 2013 August 14, 2013 October 4, 2013

[12-21-36]

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 1413 General Notices

Notice of ADA Compliance The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings. Anyone planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.

ATHLETIC COMMISSION STATEWIDE EMERGENCY DEPARTMENT OF HEALTH AND MEDICAL SERVICES ADVISORY MENTAL HYGIENE/MEDICAID Subject: Public Meeting COUNCIL (SEMSAC) PHARMACY AND THERAPEUTICS Date and Time: October 25, 2012, 2 — COMMITTEE 4:30 p.m. Subject: Public Meeting Place: 500 N. Calvert St., 3rd Fl. Conf. Date and Time: November 1, 2012, 1 — 3 Subject: Public Meeting Rm., Baltimore, MD p.m. Date and Time: November 8, 2012, 9 a.m. Contact: Patrick Pannella (410) 230-6223 Place: 653 W. Pratt St., Ste. 212, — 1 p.m. [12-21-20] Baltimore, MD Place: Conference Center at Sheppard Pratt Add’l. Info: The State Emergency Medical Health System, Towson , MD ADVISORY COUNCIL ON Services Advisory Council (SEMSAC) Add’l. Info: Meeting of the Maryland CEMETERY OPERATIONS meets regularly on the 1st Thursday of each Medicaid Pharmacy Program‘s month. Pharmacy & Therapeutics Committee Subject: Public Meeting Contact: Leandrea Gilliam (410) 706-4449 (Preferred Drug List). Classes of drugs to Date and Time: October 25, 2012, 10 a.m. [12-21-08] be reviewed are posted on the Maryland — 1 p.m. Pharmacy Program website at Place: Dept. of Labor, Licensing, and BOARD FOR PROFESSIONAL http://mmcp.dhmh.maryland.gov/pap/SiteP Regulation, 500 N. Calvert St., 3rd Fl., ENGINEERS ages/Public%20Meeting%20Announcemen Baltimore, MD t%20and%20Procedures%20for%20Public Contact: Marilyn Harris-Davis (410) 230- Subject: Public Meeting %20Testimony.aspx. 6229 Date and Time: November 8, 2012, 9 a.m. See website for agenda, speaker registration, [12-21-11] Place: 500 N. Calvert St., 3rd Fl. Conf. restrictions, and driving directions. Submit e- Rm., Baltimore, MD mail requests to speak and questions to CONSUMER COUNCIL OF Contact: Pamela J. Edwards (410) 230- [email protected]. MARYLAND 6262 Contact: Alex Taylor (410) 767-5878 [12-21-29] [12-21-13] Subject: Public Meeting Date and Time: November 2, 2012, 9:15 UNINSURED EMPLOYERS’ FUND — 11 a.m. BOARD OF HEATING, BOARD Place: 200 St. Paul Pl., 16th Fl., Baltimore, VENTILATION, AIR- MD Subject: Public Hearing CONDITIONING, AND Contact: Stephanie A. Hodge (410) 576- Date and Time: October 25, 2012, 10 a.m. REFRIGERATION CONTRACTORS 6557 — 12 p.m. (HVACR) [12-21-34] Place: 300 E. Joppa Rd., Ste. 402, Towson, Subject: Public Meeting MD Date and Time: November 14, 2012, 9:30 BOARD OF COSMETOLOGISTS Add’l. Info: The Board may adjourn into a.m. — 12 p.m. executive session. Place: 500 N. Calvert St., 3rd Fl. Conf. Subject: Public Meeting Contact: James Himes (410) 321-4136 Rm., Baltimore, MD Date and Time: November 5, 2012, 9:30 [12-21-26] Contact: Steve Smitson (410) 230-6169 a.m. — 4 p.m. [12-21-10] Place: 500 N. Calvert St., 2nd Fl. Conf. BOARD OF ENVIRONMENTAL Rm., Baltimore, MD HEALTH SPECIALISTS Add’l. Info: Centre St. Entrance HOME IMPROVEMENT Contact: Robert Wood (410) 230-6195 Subject: Public Meeting COMMISSION [12-21-25] Date and Time: November 7, 2012, 10 Subject: Public Meeting a.m. — 2 p.m. Date and Time: November 1, 2012, 10 BOARD OF DIETETIC PRACTICE Place: Howard Co. Bureau of Utilities a.m. — 12 p.m. Bldg., 8270 Montgomery Rd., Columbia, Subject: Public Meeting Place: 500 N. Calvert St., 2nd Fl. Conf. MD Rm., Baltimore, MD Date and Time: November 15, 2012, Contact: James T. Merrow (410) 764-3512 Contact: Steven Smitson (410) 230-6169 12:30 — 3:30 p.m. [12-21-14] Place: 4201 Patterson Ave., Rm. 110, [12-21-02] Baltimore, MD Contact: Lenelle Cooper (410) 764-4733 [12-21-21]

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 GENERAL NOTICES 1414 BOARD FOR PROFESSIONAL LAND Persons desiring to become interested RETIREMENT AND PENSION SURVEYORS parties in the Commission‘s review of the SYSTEM - BOARD OF TRUSTEES above-referenced application must meet the Subject: Public Meeting requirements of COMAR 10.24.01.01B(2) Subject: Public Meeting Date and Time: November 7, 2012, 10 and (20) and must also submit written Date and Time: November 20, 2012, 10 a.m. comments to the Commission no later than a.m. Place: 500 N. Calvert St., 3rd Fl. Conf. close of business November 19, 2012. Place: Sun Trust Bldg., 120 E. Baltimore Rm., Baltimore, MD These comments must state with St., 16th Fl. Boardroom, Baltimore, MD Contact: Pamela J. Edwards (410) 230- particularity the State Health Plan Add’l. Info: Meeting date and location are 6262 standards or review criteria that you believe subject to change. Anyone interested in [12-21-27] have not been met by the applicant as attending should contact the MD stated in COMAR 10.24.01.08F. Retirement Agency for confirmation. BOARD FOR PROFESSIONAL LAND Please refer to the Docket Number listed Please note, the meeting may include a SURVEYORS above in any correspondence on the closed session. Sign language interpreters and/or appropriate accommodation for Subject: Public Meeting application. Copies of the application are available for review in the office of MHCC qualified individuals with disabilities will Date and Time: November 7, 2012, 1 p.m. during regular business hours by be provided upon request; please call 410- Place: 500 N. Calvert St., 3rd Fl. Conf. appointment. All correspondence should 625-5609 or 1-800-735-2258 TTY. Rm., Baltimore, MD Contact: Patirce Sowah (410) 625-5609 Add’l. Info: Minimum Standards of be addressed to Paul E. Parker, Director, Center for Hospital Services, Maryland [12-21-12] Practice Committee will meet to review the Health Care Commission, 4160 Patterson regulations. BOARD OF REVENUE ESTIMATES Contact: Pamela J. Edwards (410) 230- Avenue, Baltimore, Maryland 21215. 6262 Contact: Ruby Potter (410) 764-3276 Subject: Public Meeting [12-21-33] [12-21-28] Date and Time: November 15, 2012, 9 —

11 a.m. MINORITY BUSINESS ENTERPRISE MARYLAND HEALTH CARE Place: Louis L. Goldstein Treasury Bldg., COMMISSION ADVISORY COMMITTEE 80 Calvert St., Assembly Rm., Annapolis, MD Subject: Public Meeting Subject: Public Meeting Date and Time: October 31, 2012, 8:30 Contact: Linda I. Vasbinder (410) 260- Date and Time: November 15, 2012, 1 a.m. — 5 p.m. 7450 p.m. Place: Harry R. Hughes Dept. of [12-21-15] Place: Maryland Health Care Commission, 4160 Patterson Ave., Conf. Rm. 100, Transportation Bldg., 7201 Corporate Center Dr., Hanover, MD STATE BOARD OF INDIVIDUAL TAX Baltimore, MD Contact: Pam Gregory (410) 865-1253 PREPARERS Contact: Valerie Wooding (410) 764-3460 [12-21-09] [12-21-01] Subject: Public Meeting

Date and Time: November 19, 2012, 1 — MARYLAND HEALTH CARE BOARD OF OCCUPATIONAL 5 p.m. COMMISSION THERAPY PRACTICE Place: 500 N. Calvert St., 3rd Fl. Conf. Subject: Public Meeting Rm., Baltimore, MD Subject: Formal Start of Review — Notice Date and Time: November 16, 2012, 8:30 Contact: Douglas Blackstone (410) 230- of Docketing a.m. — 2 p.m. 6244 Add’l. Info: The Maryland Health Care [12-21-22] Commission (MHCC) hereby gives notice Place: Spring Grove Hospital Center, 55 Wade Ave., Catonsville, MD of docketing of the following application Add’l. Info: Health Occupations Article, NORTHEAST MARYLAND WASTE for Certificate of Need: DISPOSAL AUTHORITY Anne Arundel Medical Center — Title 10, Annotated Code of Maryland, and Docket No. 12-09-2339 — Build-out of the COMAR 10.46 amendments, additions, Subject: Public Meeting and revisions, including fee changes, may 3rd floor shell space (as approved and Date and Time: November 14, 2012, 5:30 be discussed/voted on. Budget information modified with CON 04-02-2153) as a 30- p.m. bed med/surg unit. Proposed Cost: may also be discussed. It may be Place: 100 S. Charles St., Tower II, Ste. $8,027,342 necessary to go into executive session. Sign 402, Baltimore, MD language interpreters and/or appropriate MHCC shall review the application Add’l. Info: Portions of this meeting may accommodations for qualified individuals under Health-General Article, §19-101 et be held in closed session. seq., Annotated Code of Maryland, with disabilities will be provided upon Contact: M. Catherine Coble (410) 333- COMAR 10.24.01, and the applicable State request. Please call 1-800-735-2255. 2730 Contact: Marilyn Pinkney (410) 402-8556 Health Plan standards. [12-21-30] [12-21-23] 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.

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 GENERAL NOTICES 1415 BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORS Subject: Public Meeting Date and Time: November 15, 2012, 10 a.m. — 4 p.m. Place: Howard Co. Bureau of Utilities, Columbia, MD Add’l. Info: A portion of this meeting may be held in closed session. Contact: Pat Kratochvil (410) 537-3167 [12-21-03]

BOARD OF WELL DRILLERS

Subject: Public Meeting Date and Time: November 28, 2012, 9 a.m. — 4 p.m. Place: MDE, 1800 Washington Blvd., Terra Conf. Rm., Baltimore, MD Add’l. Info: A portion of this meeting may be held in closed session. Contact: Willie Everett (410) 537-3644 [12-21-06]

WORKERS’ COMPENSATION COMMISSION Subject: Public Meeting on Regulations Date and Time: November 8, 2012, 9 — 11 a.m. Place: 10 E. Baltimore St., 7th Fl., Baltimore, MD Add’l. Info: Portions of this meeting may be held in closed session. Contact: Amy Lackington (410) 864-5300 [12-21-07]

MARYLAND REGISTER, VOLUME 39, ISSUE 21, FRIDAY, OCTOBER 19, 2012 COMAR IN PDF — ORDER FORM

Titles Agency Name Price1 Subscription2 Quantity Total Complete set of COMAR PDF format $1,000 $500 ______Title 01 Executive Department $35 $24 ______Title 02 Office of the Attorney General $22 $13 ______Title 03 Comptroller of the Treasury $30 $20 ______Title 04 General Services $16 $10 ______Title 05 Housing and Community Development $78 $50 ______Title 07 Human Resources $80 $53 ______Title 08 Natural Resources $78 $51 ______Title 09 Labor, Licensing and Regulation $89 $60 ______Title 10 Health & Mental Hygiene (All parts) ** $272 $180 ______Title 10 Part 1 ** $48 $32 ______Title 10 Part 2 ** $75 $50 ______Title 10 Part 3 ** $75 $50 ______Title 10 Part 4 ** $50 $35 ______Title 10 Part 5 ** $69 $50 ______Title 11 Transportation (All parts) ** $106 $75 ______Title 11 Part 1 (Transportation) ** $42 $25 ______Title 11 Parts 2 & 3 (MVA)** $74 $50 ______Title 12 Public Safety and Correctional Services $67 $43 ______Title 13A Board of Education $63 $42 ______Title 13B Higher Education Commission $25 $15 ______Title 14 Independent Agencies $87 $60 ______Title 15 Agriculture $48 $30 ______Title 16 Juvenile Service $23 $15 ______Title 17 Budget and Management $28 $16 ______Title 18 Assessments and Taxation $20 $12 ______Title 19A State Ethics Commission $24 $14 ______Title 20 Public Service Commission $49 $32 ______Title 21 State Procurement Regulations $48 $30 ______Title 22 State Retirement and Pension System $22 $13 ______Title 23 Board of Public Works $18 $11 ______Title 24 Business and Economic Development $34 $20 ______Title 25 State Treasurer $16 $9 ______Title 26 Environment (All parts) ** $189 $125 ______Title 26 Part 1 ** $54 $35 ______Title 26 Part 2 ** $83 $52 ______Title 26 Part 3 ** $57 $38 ______Title 26 Part 4 ** $37 $24 ______Title 27 Critical Area Comm. for the Chesapeake and Atlantic Coastal Bays $18 $10 ______Title 28 Office of Administrative Hearings $16 $9 ______Title 29 State Police $30 $18 ______Title 30 MD Institute for Emergency Medical Services Systems $25 $17 ______Title 31 Maryland Insurance Administration $68 $45 ______Title 32 Aging $25 $15 ______Title 33 State Board of Elections $42 $25 ______Title 34 Planning $31 $18 ______Title 35 Veterans Affairs $16 $9 ______Individual Binders (COMAR PDF’s binders not included) $15 S & H $9.00 ______Total: _____ Prices are for single user license only ~ Multi-user licenses are available. Please call 410-260-3876 for pricing information. 1 Price is per copy of each Title 2 Subscription (optional) - Receive updated information quarterly. ~ If ordered, subscription quantities MUST match Title quantities. ** See the following pages for description of contents

Updated on 10-1-2012

COMAR IN PRINT — ORDER FORM (8 ½ x 11 format) Titles Agency Name Price1 Subscription2 Quantity Total Complete set of COMAR (includes binders) $1,400 $700 ______Title 01 Executive Department $47 $30 ______Title 02 Office of the Attorney General $31 $20 ______Title 03 Comptroller of the Treasury $41 $25 ______Title 04 General Services $23 $12 ______Title 05 Housing and Community Development $103 $70 ______Title 07 Human Resources $104 $70 ______Title 08 Natural Resources $102 $70 ______Title 09 Labor, Licensing and Regulation $116 $75 ______Title 10 Health & Mental Hygiene (All Parts)** $345 $230 ______Title 10 Part 1 ** $65 $40 ______Title 10 Part 2 ** $99 $70 ______Title 10 Part 3 ** $99 $70 ______Title 10 Part 4 ** $69 $42 ______Title 10 Part 5 ** $91 $62 ______Title 11 Transportation (All parts) ** $137 $85 ______Title 11 Part 1 (Transportation)** $55 $35 ______Title 11 Parts 2 & 3 (MVA) ** $102 $70 ______Title 12 Public Safety and Correctional Services $86 $55 ______Title 13A Board of Education $83 $60 ______Title 13B Higher Education Commission $34 $20 ______Title 14 Independent Agencies $112 $75 ______Title 15 Agriculture $63 $40 ______Title 16 Juvenile Service $32 $20 ______Title 17 Budget and Management $38 $25 ______Title 18 Assessments and Taxation $28 $18 ______Title 19A State Ethics Commission $33 $20 ______Title 20 Public Service Commission $64 $42 ______Title 21 State Procurement Regulations $65 $42 ______Title 22 State Retirement and Pension System $33 $18 ______Title 23 Board of Public Works $26 $15 ______Title 24 Business and Economic Development $47 $25 ______Title 25 State Treasurer $23 $12 ______Title 26 Environment (All parts) ** $241 $160 ______Title 26 Part 1 ** $72 $42 ______Title 26 Part 2 ** $109 $72 ______Title 26 Part 3 ** $76 $50 ______Title 26 Part 4 ** $51 $30 ______Title 27 Critical Area Comm. for the Chesapeake and Atlantic Coastal Bays $26 $15 ______Title 28 Office of Administrative Hearings $23 $12 ______Title 29 State Police $40 $22 ______Title 30 MD Institute for Emergency Medical Services Systems $34 $20 ______Title 31 Maryland Insurance Administration $90 $62 ______Title 32 Aging $34 $18 ______Title 33 State Board of Elections $57 $35 ______Title 34 Planning $42 $25 ______Title 35 Veterans Affairs $23 $12 ______Binders $15 S & H $9.00 ______Shipping & Handling Total: ______Order Total: _____ 1 Price is per copy of each Title Binder included with purchase of Title 2 Subscription (optional) - Receive updated information bi-annually ~ If ordered, subscription quantities MUST match Title quantities. ** See the following pages for description of contents Shipping/Handling Publication Total Shipping Note: COMAR prices are subject to change. Check $ 0-50 $15 the date on the lower right hand corner of this form. $ 51-150 $20 If the form is more than two months old, call the $ 151-300 $25 COMAR Subscription Manager (410-260-3876) to $ 301-400 $35 confirm prices. Fees are not refundable. $400 + please call Subscription Department. State agencies using courier, may omit S&H Updated on 10-1-2012

COMAR ORDER INFORMATION SHEET

Date ______Subscriber I.D. ______

Name______

Company______

Address______

City______State______Zip______

Tel.______Fax______

Email: ______

______Check enclosed, made payable to “Division of State Documents”

______Visa/Master Card/American Express/Discover card payment:

Acct.#______Exp.______Signature ______Tel:______

Return form & payment to: Office of the Secretary of State, Division of State Documents ~ State House ~ Annapolis, MD 21401 ~ Tel: 410-260-3876 ~ 800-633-9657 ext. 3876 ~ Fax: 410-280-5647

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

SPECIAL PUBLICATIONS Print Publication / Handbook Price S & H Quantity Total Control of Ionizing Radiation (including supplements up to 21) $146 $12 ______Control of Ionizing Radiation Supplement 21 ONLY $10 $0 ______Forest Conservation Law $20 $9 ______Forest Conservation Technical Manual 3rd Edition, 1997 $25 $9 ______Preventive Maintenance Handbook (PM Handbook) $15 $5 ______Vehicle Inspection Handbook (2012) $48 $9 ______If have the current 8½ x 11 binder — need new pages only $43 $5 ______Total _____ If more than one quantity, shipping charges may vary, please call 410-260-3876 for pricing information.

SUPPLEMENT UPDATE SCHEDULES PDF QUARTERLY UPDATES PRINT SEMI-ANNUAL UPDATES After March 30th After June 30th After June 30th After December 31st After September 30th After December 31st

PDF – A replacement title(s) in its entirety will be sent in electronic format. PRINT – Entire chapters affected will be sent for replacement and insertion into COMAR title book(s).

Updated on 10-1-2012

CODE OF MARYLAND REGULATIONS

Titles 10, 11, and 26 consist of more than one volume. Each volume may be purchased separately.

Title 10 Title 11 Department of Health and Mental Hygiene: Part & Subtitles Department of Transportation – Volume & Subtitles

Part 1 Volume 1 01 Procedures 01 Office of the Secretary 02 Division of Reimbursements 02 Transportation Service Human Resources System 03 Health Statistics 03 Maryland Aviation Administration 04 Fiscal 04 State Highway Administration 05 Freestanding Ambulatory Care Facilities 05 Maryland Port Administration 06 Diseases 06 Mass Transit Administration 07 Hospitals 07 Maryland Transportation Authority 08 Health Facilities Grants 08 Vacant Part 2 09 Vacant 09 Medical Care Programs 10 Vacant Part 3 Volume 2 and Volume 3 10 Laboratories 11 Motor Vehicle Administration – Administrative Procedures 11 Maternal and Child Health 12 MVA – Licensing of Businesses and Occupations 12 Adult Health 13 MVA – Vehicle Equipment 13 Drugs 14 MVA – Vehicle Inspections 14 Cancer Control 15 MVA – Vehicle Registration 15 Food 16 MVA – Vehicle Operations 16 Housing 17 MVA – Driver Licensing and Identification Documents 17 Sanitation 18 MVA – Financial Responsibility Requirements 18 Human Immunodeficiency Virus (HIV) Infection and 19 MVA – School Vehicles Acquired Immunodeficiency Syndrome (AIDS) 20 MVA – Motorcycle Safety Program 19 Dangerous Devices and Substances 21 MVA – Commercial Motor Vehicles 20 Kidney Disease Program 22 MVA – Preventive Maintenance Program 21 Mental Hygiene Regulations 23 MVA – Drivers’ Schools, Instructors, Driver Education Program 22 Developmental Disabilities Part 4 Title 26 23 Advance Directive Registry Department of the Environment – Part & Subtitles 24 Maryland Health Care Commission Part 1 25 Maryland Health Care Commission 01 General Provisions 26 Board of Acupuncture 02 Occupational, Industrial, and Residential Hazards 27 Board of Nursing 03 Water Supply, Sewerage, Solid Waste, and Pollution Control 28 Board of Examiners in Optometry Planning and Funding 29 Board of Morticians and Funeral Directors 04 Regulation of Water Supply, Sewage Disposal, and Solid Waste 30 Commission on Kidney Disease 05 Board of Well Drillers 31 Health Occupation Boards 06 Waterworks and Waste Systems Operators 32 Board of Physicians 07 Board of Environmental Sanitarians 33 Board of Examiners of Nursing Home Administrators Part 2 34 Board of Pharmacy 08 Water Pollution 35 Postmortem Examiners Commission 09 Maryland CO2 Budget Trading Program 36 Board of Examiners of Psychologists 10 Oil Pollution and Tank Management Part 5 11 Air Quality 37 Health Services Cost Review Commission 12 Radiation Management 38 Board of Physical Therapy Examiners Part 3 39 Board of Nursing – Certified Nursing Assistants 13 Disposal of Controlled Hazardous Substances 40 Board of Podiatric Medical Examiners 14 Hazardous Substance Response Plan 41 Board of Examiners for Audiologists, Hearing Aid 15 Disposal of Controlled Hazardous Substances ― Dispensers, and Speech-Language Pathologists Radioactive Hazardous Substances 42 Board of Social Work Examiners 16 Lead 43 Board of Chiropractic Examiners 17 Water Management 44 Board of Dental Examiners 18 Susquehanna River Basin Commission 45 Maryland Community Health Resources Commission Part 4 46 Board of Occupational Therapy Practice 19 Oil and Gas Resources 47 Alcohol and Drug Abuse Administration 20 Surface Coal Mining and Reclamation under 48 Child Abuse and Neglect Medical Reimbursement Program Federally Approved Program 49 State Anatomy Board 21 Mining 50 Tissue Banks 22 Coastal Facilities Review 51 Vacant 23 Nontidal Wetlands 52 Preventive Medicine 24 Tidal Wetlands 53 Board of Nursing—Electrology Practice Committee 25 Ballast Water Management 54 Special Supplemental Nutrition Program for Women, 26 Community Right-to-Know Fund Infants, and Children (WIC) 27 Hazardous Material Security 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 Last Updated 4/2010

Date: ______

Acct.# ______Maryland Register

Archive Order Form The Division of State Documents has created pdf files of all the Maryland Register issues since 1974. The issues from 1974—2003 are scanned images in pdf format of the actual Register and, as such, are not searchable, while the issues beginning with 2004 are searchable text in pdf format.  Single issues of the Maryland Register from 1974—present _____ $10 Per issue of the Register from 1974—present via emailed pdf file. Please specify Issue(s): ______$15 Per issue of the Maryland Register from 1974—present via mailed hard-copy Please specify Issue(s): ______

 An archival library of all Maryland Register issues from 1974—2003: _____ $375 2 DVDs (1974 — 2010) _____ $50 One year of the Maryland Register from 1974—2003 (unsearchable): Please specify Year(s): ______

 _____ $100 A single year of issues from 2004 forward will be available in January of the year following their publication. These will be searchable, on CD. Please specify: 2004 2005 2006 2007 2008 2009 2010 2011

Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

 Please order by faxing the Business/Firm: ______completed form to: Name: ______Fax: 410-280-5647 Billing Address: ______ By mailing it to: Division of State Documents ______State House City, State, Zip ______Annapolis, MD 21401 Tel: ______Fax:______ By email to: Recipient’s Email:[email protected]  By calling: 410-260-3876

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

(Please circle payment choice and complete the order form)

Money Order or Check # ______Amount: $______or

VISA, MasterCard, American Express, Discover ~ Amount: $______

Card # ______Card Exp. Date: ______

Signature: ______Phone: ______1/2012

Date: ______

Acct.# ______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 — 2011.

 _____ $225 A single year of print 1st Class Mail Delivery.

 _____ $190 A single-user annual eSubscription, which would provide a searchable pdf text file of each issue, emailed directly to one recipient’s email address.  _____ $130 Per additional user, per account subscription. Call 410-260-3876 for details.

Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

 Please order by faxing the Business/Firm: ______completed form to: Name: ______Fax: 410-280-5647 Billing Address: ______ By mailing it to: Division of State Documents ______State House City, State, Zip ______Annapolis, MD 21401 Tel: ______Fax:______ By email to: Recipient’s Email:[email protected]  By calling: 410-260-3876

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

(Please circle payment choice and complete the order form)

Money Order or Check # ______Amount: $______or

VISA, MasterCard, American Express, Discover ~ Amount: $______

Card # ______Card Exp. Date: ______

Signature: ______Phone: ______

Last updated on 1/2012 Date: ______Existing Account#: ______

eCOMAR Order Form

Name: ______

Business Name: ______

Address: ______

City: ______State: ______Zip Code: ______

Phone: ______Fax: ______Email: ______

COMAR codification: ______; (ex: 08.02.02*) ______; ______; ______; ______; * Each codification entered is considered a separate document

Payment Method:

_____ Check enclosed and made payable to "Division of State Documents"

_____ Charge to my Visa / MasterCard / American Express / Discover

Account# ______Expiration Date: ______

Signature: ______Phone No. ______

Return Options: Basic Page Pricing Mail to: Fax: per Document* Division of State Documents 410-280-5647 — 1 20 $10 State House — 21 40 $15 Annapolis, Maryland 21401 41 — 60 $20 61 — 80 $25 81 — 100 $30 101 — 120 $40 121 — 140 $50 141 — 160 $60 161 — 180 $70 181 — 200 $80 201 — 220 $90 221 — 240 $100 241 — 260 $110 260 — 280 $120 281 — 300 $130 Over 300 Call for pricing

* For documents containing tables, maps, graphics etc. additional fees may apply. —————— • For additional information, please call 410-974-2486 ext. 3876 or 800-633-6957 ext. 3876 or email your questions and inquiries to: [email protected] • Please allow up to 2 business days for turnaround.

Date: ______

DHMH Pamphlets ORDER FORM Name: ______Firm Name: ______Address: ______P. O. Box: ______City: ______State: ______Zip Code: ______Phone: ______Fax: ______Email: ______

Codification # Pamphlet Title Price / # COMAR 10.05 Freestanding Ambulatory Care Facilities — March 2009 * $10 × ____ COMAR 10.07.01 Acute General Hospitals and Special Hospitals — Aug 2010 $10 × ____ COMAR 10.07.02 Comprehensive Care Facilities and Extended Care Facilities — Feb 2011 $15 × ____ COMAR 10.07.03 Nursing Staff Agencies — Feb 2008 $ 9 × ____ COMAR 10.07.05 Residential Service Agencies — May 2012 $11 × ____ COMAR 10.07.06 Hospital Patient Safety Program — Apr 2004 $ 8 × ____ COMAR 10.07.07 Nursing Referral Service Agencies — Dec 2006 $ 8 × ____ COMAR 10.07.09 Residents’ Bill of Rights: Comprehensive Care Facilities and Extended Care Facilities — Mar 2010 $ 9 × ____ COMAR 10.07.10 Home Health Agencies — Aug 2002 $ 8 × ____ COMAR 10.07.11 Health Maintenance Organizations — Aug 2010 $10 × ____ COMAR 10.07.14 Assisted Living Programs — July 2012 $15 × ____ COMAR 10.07.21 Hospice Care Programs — Sep 1998 $ 9 × ____ COMAR 10.10 Laboratory Regulations — Aug 2009 $10 × ____ COMAR 10.12.04 Day Care for the Elderly and Adults with a Medical Disability — Jan 2007 $ 9 × ____

TOTAL: $______

______* Price of pamphle______ts includes shipping. Payment Method, _____ Check enclosed, made payable to: “The Division of State Documents” Choose/Check one: _____ VISA / Master Card / American Express / Discover card payment: Acct.# ______Exp. Date: ______

Signature: ______Tel: ______

Return form and payment to: Office of the Secretary of State Note: COMAR prices change frequently. Check the date Division of State Documents ~ State House ~ Annapolis, MD 21401 on the lower right hand corner of this form. If the form is more than 2 months old, call the Subscription Manager Tel: 410-260-3876 ~ 800-633-9657 ~ Fax: 410-280-5647 (410-260-3876) to confirm prices.

9/12