Issue Date: July 30, 2010

Volume 37 • Issue 16 • Pages 1043—1162

IN THIS ISSUE Governor 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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before July 12, 2010, 5 p.m.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 July 12, 2010.

Gail S. Klakring 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 Each COMAR title has a Table of Contents and Index. An every other week throughout the year. A cumulative index is Administrative History at the end of every COMAR chapter gives published quarterly. information about past changes to regulations. To determine if there have The Maryland Register is the temporary supplement to the Code of been any subsequent changes, check the ‗‗Cumulative Table of COMAR Maryland Regulations. Any change to the text of regulations Regulations Adopted, Amended, or Repealed‘‘ which is found online at published in COMAR, whether by adoption, amendment, repeal, or www.dsd.state.md.us/CumulativeIndex.pdf. This table lists the regulations emergency action, must first be published in the Register. in numerical order, by their COMAR number, followed by the citation to The following information is also published regularly in the the Maryland Register in which the change occurred. The Maryland Register: Register serves as a temporary supplement to COMAR, and the two • Governor‘s Executive Orders publications must always be used together. A Research Guide for Maryland • Governor‘s Appointments to State Offices Regulations is available. For further information, call 410-974-2486. • 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 $5.00 per issue, plus $2.00 for postage and • Courts of Appeal Hearing Calendars handling. • Agency Hearing and Meeting Notices • Synopses of Bills Introduced and Enacted by the General CITIZEN PARTICIPATION IN Assembly THE REGULATION-MAKING PROCESS • Other documents considered to be in the public interest Maryland citizens and other interested persons may participate in CITATION TO THE MARYLAND REGISTER the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the The Maryland Register is cited by volume, issue, page number, and validity and applicability of regulations is determined. Listed below date. Example: are some of the ways in which citizens may • 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue participate (references are to State Government Article (SG), 8, pages 815—817 of the Maryland Register issued on April 17, Annotated Code of Maryland): 1992. • By submitting data or views on proposed regulations either orally CODE OF MARYLAND REGULATIONS (COMAR) or in writing, to the proposing agency (see ‗‗Opportunity for Public COMAR is the official compilation of all regulations issued by Comment‘‘ at the beginning of all regulations appearing in the agencies of the State of Maryland. The Maryland Register is Proposed Action on Regulations section of the Maryland Register). COMAR‘s temporary supplement, printing all changes to regulations (See SG, §10-112) as soon as they occur. At least once annually, the changes to • By petitioning an agency to adopt, amend, or repeal regulations. regulations printed in the Maryland Register are incorporated into The agency must respond to the petition. (See SG §10-123) COMAR by means of permanent supplements. • By petitioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency CITATION TO COMAR REGULATIONS applies. (SG, Title 10, Subtitle 3) COMAR regulations are cited by title number, subtitle number, • By petitioning the circuit court for a declaratory judgment chapter number, and regulation number. Example: COMAR on the validity of a regulation when it appears that the regulation 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03. interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10-125) DOCUMENTS INCORPORATED BY REFERENCE • By inspecting a certified copy of any document filed with the Incorporation by reference is a legal device by which a document is Division of State Documents for publication in the Maryland made part of COMAR simply by referring to it. While the text of an Register. (See SG, §7-213) incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other Maryland Register (ISSN 0360-2834). Postmaster: Send address changes COMAR regulation. Each regulation that proposes to incorporate a and other mail to: Maryland Register, State House, Annapolis, Maryland document is identified in the Maryland Register by an Editor‘s Note. 21401. Tel. 410-974-2486; Fax 410-280-5647. Published biweekly, with The Cumulative Table of COMAR Regulations Adopted, Amended cumulative indexes published quarterly, by the State of Maryland, Division of or Repealed, found online, also identifies each regulation State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $190 per year (first class mail). All incorporating a document. Documents incorporated by reference are subscriptions post-paid to points in the U.S. periodicals postage paid at available for inspection in various depository libraries located Annapolis, Maryland and additional mailing offices. throughout the State and at the Division of State Documents. These Martin O’Malley, Governor; John P. McDonough, Secretary of State; depositories are listed in the first issue of the Maryland Register Gail S. Klakring, Acting Administrator; Mary D. MacDonald, Editor, published each year. For further information, call 410-974-2486. Maryland Register and COMAR; Elizabeth Ramsey, Editor, COMAR Online; Marcia M. Diamond, Subscription Manager, COMAR; Tami Cathell, Help Desk, COMAR and Maryland Register Online. Front cover: State House, Annapolis, MD, built 1772—79. Illustrations by Carolyn Anderson, Dept. of General Services

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 Contents 1045 Closing Dates for the Maryland Register Final Action on Regulations Schedule of Closing Dates and Issue Dates for the Maryland 07 DEPARTMENT OF HUMAN RESOURCES Register...... 1047 CHILD SUPPORT ENFORCEMENT ADMINISTRATION Administrative Enforcement of Medical Support ...... 1060 COMAR Research Aids 13A STATE BOARD OF EDUCATION Table of Pending Proposals...... 1048 SCHOOL PERSONNEL Comprehensive Teacher Induction Program ...... 1060 Index of COMAR Titles Affected in This Issue 15 DEPARTMENT OF AGRICULTURE COMAR Title Number and Name __ Page PLANT PEST CONTROL Plant Pest Control Regulations ...... 1060 01 Executive Department...... 1062 31 MARYLAND INSURANCE ADMINISTRATION 07 Department of Human Resources...... 1060, 1062 MARYLAND HEALTH INSURANCE PLAN 10 Department of Health and Mental Hygiene...... 1058, 1064 Operation and Administration of the Plan ...... 1060 11 Department of Transportation...... 1081 13A State Board of Education...... 1060, 1082 14 Independent Agencies...... 1058, 1061, 1084 Withdrawal of Regulations 15 Department of Agriculture...... 1060, 1086 14 INDEPENDENT AGENCIES 30 Maryland Institute for Emergency Medical Services Systems WORKERS' COMPENSATION COMMISSION (MIEMSS)...... 1088 Procedural Regulations ...... 1061 31 Maryland Insurance Administration...... 1060, 1089 33 State Board of Elections...... 1059 Proposed Action on Regulations 34 Department of Planning...... 1059, 1093 01 EXECUTIVE DEPARTMENT PERSONS WITH DISABILITIES GOVERNOR‘S OFFICE OF COMMUNITY INITIATIVES Individuals with disabilities who desire assistance in using the Recognition of Maryland Indian Status ...... 1062 publications and services of the Division of State Documents are 07 DEPARTMENT OF HUMAN RESOURCES encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to OFFICE OF THE SECRETARY (410) 974-2546, or through Maryland Relay. Office of the Inspector General ...... 1062 COMMISSION ON INDIAN AFFAIRS

Recognition of Maryland Indian Status ...... 1062 The Governor 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE EXECUTIVE ORDER 01.01.2010.14 ...... 1051 MARYLAND HEALTH CARE COMMISSION Electronic Health Record Incentives ...... 1064 Open Meetings Compliance Board BOARD OF ACUPUNCTURE General Regulations ...... 1066 OPINIONS ...... 1052 POST MORTEM EXAMINERS COMMISSION OPINIONS ...... 1053 Testing Blood and Breath for Alcohol ...... 1067 HEALTH SERVICES COST REVIEW COMMISSION The Judiciary Rate Application and Approval Procedures ...... 1071 BOARD OF PHYSICAL THERAPY EXAMINERS COURT OF APPEALS OF MARYLAND Rules of Procedure for Board Hearings ...... 1074 Disciplinary Proceedings ...... 1057 11 DEPARTMENT OF TRANSPORTATION MOTOR VEHICLE ADMINISTRATION — ADMINISTRATIVE PROCEDURES Emergency Action on Regulations Payment by Check ...... 1081 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE MOTOR VEHICLE ADMINISTRATION — DRIVER SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR LICENSING AND IDENTIFICATION DOCUMENTS WOMEN, INFANTS, AND CHILDREN (WIC) Point System: Definition of Moving Violation and Local Agency ...... 1058 Assessment of Points ...... 1081 14 INDEPENDENT AGENCIES 13A STATE BOARD OF EDUCATION STATE LOTTERY AGENCY SCHOOL PERSONNEL Video Lottery Terminals ...... 1058 Evaluation of Professionally Certificated Personnel ...... 1082 Voluntary Exclusion and Responsible Gaming ...... 1059 14 INDEPENDENT AGENCIES 33 STATE BOARD OF ELECTIONS STATE LOTTERY AGENCY DEFINITIONS; GENERAL PROVISIONS Video Lottery Terminal Machines ...... 1084 Candidate Names ...... 1059 Mandatory Exclusion ...... 1084 34 DEPARTMENT OF PLANNING 15 DEPARTMENT OF AGRICULTURE LAND USE TURF AND SEED Certification of County Agricultural Land Preservation Turf Grass Certification ...... 1086 Programs ...... 1059 30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) EMERGENCY MEDICAL SERVICES PROVIDERS Licensure and Certification ...... 1088

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 Contents 1046 31 MARYLAND INSURANCE ADMINISTRATION BOARD OF ENVIRONMENTAL SANITARIANS INSURERS Public Meeting ...... 1159 Life and Health Insurance Guaranty Corporation Coverage — FIRE PREVENTION COMMISSION Notice Requirements ...... 1089 Public Meeting ...... 1159 HEALTH INSURANCE — GENERAL DEPARTMENT OF HEALTH AND MENTAL HYGIENE Required Standard Provisions for Individual Nonprofit Health Public Notice ...... 1159 Service Plan Contracts ...... 1090 DEPARTMENT OF HEALTH AND MENTAL HYGIENE/ Individual Health Insurance Contracts — Standard Provisions LABORATORIES ADMINISTRATION/FORENSIC and Exclusions ...... 1091 LABORATORY ADVISORY COMMITTEE HEALTH INSURANCE — GROUP Public Meeting ...... 1159 Required Standard Provisions ...... 1091 DEPARTMENT OF HEALTH AND MENTAL HYGIENE/ HEALTH MAINTENANCE ORGANIZATIONS; ENTITIES MEDICAID PHARMACY AND THERAPEUTICS THAT ACT AS HEALTH INSURERS COMMITTEE Required Standard Provisions ...... 1092 Public Meeting ...... 1160 34 DEPARTMENT OF PLANNING DEPARTMENT OF HEALTH AND MENTAL HYGIENE/ HISTORICAL AND CULTURAL PROGRAMS MENTAL HYGIENE ADMINISTRATION Maryland Historical Trust Historic Preservation Grant Formal Start of Review ...... 1160 Program ...... 1093 BOARD OF HEATING, VENTILATION, AIR- Maryland Historical Trust African American Heritage CONDITIONING, AND REFRIGERATION Preservation Grant ...... 1093 CONTRACTORS (HVACR) Public Meeting ...... 1160 Errata MARYLAND HEALTH CARE COMMISSION Public Meeting ...... 1160 COMAR 13B.02.04 ...... 1098 Notice of Comment Period for Single Carrier Patient Centered Medical Home Program ...... 1160 Special Documents MINORITY BUSINESS ENTERPRISE ADVISORY COMMITTEE DEPARTMENT OF STATE POLICE Public Meeting ...... 1160 HANDGUN ROSTER BOARD BOARD OF MORTICIANS AND FUNERAL DIRECTORS Official Handgun Roster ...... 1099 Notice ...... 1160 BOARD OF PLUMBING General Notices Public Meeting ...... 1160 COMMISSION OF REAL ESTATE APPRAISERS AND BOARD OF BARBERS HOME INSPECTORS Public Meeting ...... 1158 Public Meeting ...... 1160 BOARD OF COSMETOLOGISTS REAL ESTATE COMMISSION Public Meeting ...... 1158 Public Meeting ...... 1160 GOVERNOR'S OFFICE OF CRIME CONTROL AND STATE TREASURER'S OFFICE PREVENTION Announcement ...... 1160 Public Meeting ...... 1158 BOARD OF WELL DRILLERS Public Meeting ...... 1158 Public Meeting ...... 1161 Public Meeting ...... 1158 WORKERS‘ COMPENSATION COMMISSION PROFESSIONAL STANDARDS AND TEACHER Public Meeting ...... 1161 EDUCATION BOARD Public Meeting ...... 1158 DEPARTMENT OF EDUCATION/DIVISION OF REHABILITATION SERVICES Public Meeting ...... 1158 BOARD OF MASTER ELECTRICIANS Public Meeting ...... 1158 EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL Public Meeting ...... 1158 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) Call for Applications from Medical Facilities Wishing to Be Considered for Designation as Freestanding Emergency Medical Facilities ...... 1158 BOARD FOR PROFESSIONAL ENGINEERS Public Meeting ...... 1158 BOARD OF EXAMINING ENGINEERS Public Meeting ...... 1158 DEPARTMENT OF THE ENVIRONMENT/AIR AND RADIATION MANAGEMENT ADMINISTRATION Notice of Public Hearing ...... 1158 MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 Contents 1047

COMAR Online The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regulations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR. The Maryland Register is also available at www.dsd.state.md.us. For additional information, visit www.sos.state.md.us, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

Availability of Monthly List of Maryland Documents The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‗‗Maryland Documents‘‘. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‗‗Maryland Documents‘‘ also includes local publications. Anyone wishing to receive ‗‗Maryland Documents‘‘ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

CLOSING DATES and ISSUE DATES through January 28, 2011 Emergency and Proposed ISSUE Regulations* Final Regulations Notices, etc. DATE 5 p.m. 10:30 a.m. 10:30 a.m. August 13 July 26 August 4 August 2 August 27 August 9 August 18 August 16 September 10 August 23 September 1 August 30 September 24** September 3 September 15 September 13 October 8 September 20 September 29 September 27 October 22** October 4 October 13 October 8 November 5** October 18 October 26 October 25 November 19** November 1 November 9 November 8 December 3** November 15 November 19 November 18 December 17 November 29 December 8 December 6 January 3*** December 13 December 20 December 17 January 14 December 27 January 5 January 3 January 28** January 10 January 19 January 14

* Due date for documents containing 25 to 60 pages—48 hours before date shown Due date for documents exceeding 60 pages—1 week before date shown ** Note closing date changes *** Note issue date change The regular closing date for Proposals and Emergencies is Monday.

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010

1048

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 08.02.13.06 • 37:15 Md. R. 1004 (7-16-10) 08.02.14.01,.03 • 37:14 Md. R. 950 (7-2-10) 01.06.01.01—.13 •37:16 Md. R. 1062 (7-30-10) 08.02.23.01—.04,.06,.07 • 37:14 Md. R. 950 (7-2-10) 08.03.01.01 • 37:13 Md. R. 856 (6-18-10) 02 OFFICE OF THE ATTORNEY GENERAL 08.03.03.01,.03—.08 • 37:13 Md. R. 856 (6-18-10) 08.03.04.02,.04—.06,.15 • 37:13 Md. R. 856 (6-18-10) 02.01.11.01—.05 • 36:24 Md. R. 1861 (11-20-09) 08.03.06.05 • 37:13 Md. R. 856 (6-18-10) 08.03.07.06,.07 • 37:13 Md. R. 856 (6-18-10) 03 COMPTROLLER OF THE TREASURY 08.03.09.12 • 37:13 Md. R. 856 (6-18-10) 08.03.10.01,.14,.15 • 37:13 Md. R. 856 (6-18-10) 03.02.06.01—.04 • 37:3 Md. R. 181 (1-29-10) 08.03.13.05 • 37:13 Md. R. 856 (6-18-10) 03.02.06.01—.05 •37:12 Md. R. 801 (6-4-10) 08.07.06.02 • 36:22 Md. R. 1730 (10-23-09) 03.06.01.37 • 37:13 Md. R. 855 (6-18-10) 08.08.05.03 • 36:21 Md. R. 1598 (10-9-09) 08.08.05.06 • 36:21 Md. R. 1599 (10-9-09) 05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION 05.19.01.01—.05 •37:15 Md. R. 1002 (7-16-10) 09.01.09.01—.09 • 36:24 Md. R. 1863 (11-20-09) 07 DEPARTMENT OF HUMAN RESOURCES 09.10.01.18 •37:12 Md. R.803 (6-4-10) 09.10.04.04 • 36:13 Md. R. 913 (6-19-09) 07.01.10.03 •37:16 Md. R. 1062 (7-30-10) 09.13.05.03 •37:15 Md. R.1006 (7-16-10) 07.02.05.01—.10 • 36:6 Md. R. 493 (3-13-09) 09.12.01.16, .16-1 • 36:2 Md. R. 126 (1-16-09) 07.02.06.01—.07 • 36:6 Md. R. 495 (3-13-09) 09.17.01.01—.07 • 37:4 Md. R. 344 (2-12-10) 07.02.27.02 • 37:10 Md. R. 726 (5-7-10) 09.17.02.01—.09 • 37:4 Md. R. 344 (2-12-10) 07.03.03.04,.11,.12,.15 •37:12 Md. R. 802 (6-4-10) 09.19.05.01 •37:12 Md. R.804 (6-4-10) (ibr) 07.08.01.01—.13 •37:16 Md. R. 1062 (7-30-10) 09.20.04.01,.02 • 37:4 Md. R. 346 (2-12-10) 09.21.04.03 •37:15 Md. R.1007 (7-16-10) 08 DEPARTMENT OF NATURAL RESOURCES 09.23.04.03 •37:15 Md. R.1008 (7-16-10) 09.24.01.09 • 36:13 Md. R. 913 (6-19-09) 08.02.01.01 • 37:14 Md. R. 942 (7-2-10) (ibr) 09.25.01.01,.01-1,.04,.06,.07 • 37:4 Md. R. 350 (2-12-10) 08.02.02.12 • 37:14 Md. R. 943 (7-2-10) 09.28.03.03 •37:15 Md. R.1009 (7-16-10) 08.02.04.06,.10,.11,.15 • 37:14 Md. R. 945 (7-2-10) (ibr) 09.28.03.03 •37:15 Md. R.1010 (7-16-10) 08.02.04.13 •37:15 Md. R. 1004 (7-16-10) 09.32.01.18-3 • 36:26 Md. R. 2024 (12-18-09) 08.02.04.17 • 37:14 Md. R. 949 (7-2-10) (ibr) 09.32.09.01—.05 • 36:26 Md. R. 2025 (12-18-09) 08.02.07.02,.03 • 37:14 Md. R. 943 (7-2-10) 37:1 Md. R. 45 (1-4-10) (err) 08.02.08.06,.11,.12 • 37:14 Md. R. 950 (7-2-10) 08.02.11.04 • 37:15 Md. R. 1004 (7-16-10) MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PENDING TABLE 1049 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE 14 INDEPENDENT AGENCIES

Subtitles 01 — 08 (1st Volume) 14.01.10.01 • 37:9 Md. R. 687 (4-23-10) 14.01.10.13 •37:15 Md. R. 1017 (7-16-10) 10.01.04.01—.10 • 36:23 Md. R. 1822 (11-6-09) 14.01.10.19 • 37:13 Md. R. 866 (6-18-10) 10.07.05.01—.28 • 36:17 Md. R. 1337 (8-14-09) 14.01.11.02,.07 • 37:9 Md. R. 687 (4-23-10) 14.01.12.03 •37:16 Md. R. 1084 (7-30-10) Subtitle 09 (2nd Volume) 14.01.13.01—.08 • 37:13 Md. R. 883 (6-18-10) 14.01.14.01—.49 • 37:13 Md. R. 883 (6-18-10) 10.09.10.10 • 37:7 Md. R. 578 (3-26-10) 14.01.15.01—.33 • 37:13 Md. R. 866 (6-18-10) 10.09.24.04,.09,.10 • 37:14 Md. R. 954 (7-2-10) 14.01.16.01—.10 •37:15 Md. R. 1018 (7-16-10) 10.09.24.13 • 36:23 Md. R. 1822 (11-6-09) 14.01.17.01—.09 •37:16 Md. R. 1084 (7-30-10) 10.09.54.03 • 37:14 Md. R. 954 (7-2-10) 14.32.05.02 • 37:1 Md. R. 33 (1-4-10) 37:15 Md. R. 1020 (7-16-10) Subtitles 10 — 22 (3rd Volume) 15 DEPARTMENT OF AGRICULTURE 10.14.01.06 • 37:3 Md. R. 174 (1-29-10) (err) 10.14.02.04 • 37:6 Md. R. 498 (3-12-10) (err) 15.08.04.02,.03,.05,.07,.08,.10—.12 •37:16 Md. R. 1086 (7-30-10) 10.14.05.08,.16 •37:15 Md. R. 1011 (7-16-10) 15.14.01.10 • 37:13 Md. R. 910 (6-18-10) 10.21.30.01—.09 • 37:3 Md. R. 207 (1-29-10) 15.14.11.03,.04 • 37:13 Md. R. 910 (6-18-10) 10.22.17.02,.03,.06—.08 • 37:14 Md. R. 956 (7-2-10) 15.14.17.01—.07 • 37:13 Md. R. 910 (6-18-10) 10.22.18.04 •37:15 Md. R. 1012 (7-16-10)

Subtitles 23 — 36 (4th Volume) 17 DEPARTMENT OF BUDGET AND MANAGEMENT

10.25.16.01—.07 •37:16 Md. R.1064 (7-30-10) 17.04.13.01,.03 •37:15 Md. R. 1021 (7-16-10) 10.26.02.07 •37:16 Md. R. 1066 (7-30-10) 10.27.05.05 • 37:5 Md. R. 452 (2-26-10) (err) 18 DEPARTMENT OF ASSESSMENTS AND TAXATION 10.27.11.02 • 36:14 Md. R. 992 (7-6-09) 10.32.02.03 • 36:16 Md. R. 1265 (7-31-09) 18.15.01 •37:15 Md. R. 1022 (7-16-10) 10.32.09.01—.09 • 36:18 Md. R. 1396 (8-28-09) 18.15.02.01—.06 •37:15 Md. R. 1022 (7-16-10) 10.32.10.04 • 37:11 Md. R. 772 (5-21-10) 10.34.20.01—.04 •37:12 Md. R. 805 (6-4-10) 20 PUBLIC SERVICE COMMISSION 10.34.23.01—.11 •37:12 Md. R. 806 (6-4-10) 10.34.28.01, .02, .04—.12 • 36:25 Md. R. 1965 (12-4-09) 20.61.01.03—.06 • 37:14 Md. R. 958 (7-2-10) 10.35.02.01—.09 •37:16 Md. R.1067 (7-30-10) 20.61.02.01—.03 • 37:14 Md. R. 958 (7-2-10) 20.61.03.01—.06 • 37:14 Md. R. 958 (7-2-10) Subtitles 37—59 (5th Volume) 20.61.04.01,.02 • 37:14 Md. R. 958 (7-2-10) 20.61.05.01,.02 • 37:14 Md. R. 958 (7-2-10) 10.37.10.26 •37:16 Md. R.1071 (7-30-10) 10.38.05.01—.16 •37:16 Md. R.1074 (7-30-10) 10.54.02.18 •37:15 Md. R.1014 (7-16-10) 21 STATE PROCUREMENT REGULATIONS

11 DEPARTMENT OF TRANSPORTATION 21.02.05.04 •37:12 Md. R. 812 (6-4-10) 21.05.10.01—.05 • 37:10 Md. R. 732 (5-7-10) 11.06.01.01—.12 •37:12 Md. R. 810 (6-4-10) 21.05.11.01—.04 • 37:10 Md. R. 732 (5-7-10) 11.11.01.01,.03 •37:16 Md. R. 1081 (7-30-10) 21.13.01.13 • 37:10 Md. R. 732 (5-7-10) 11.11.07.02,.03 • 37:14 Md. R. 957 (7-2-10) 11.17.13.02 •37:16 Md. R.1081 (7-30-10) 26 DEPARTMENT OF THE ENVIRONMENT

12 DEPARTMENT OF PUBLIC SAFETY AND Subtitles 01—07 (Part 1) CORRECTIONAL SERVICES 26.04.04 • 36:23 Md. R. 1819 (11-6-09) (err) 12.01.01.04, .06, .08 • 36:13 Md. R. 934 (6-19-09) 26.04.04.01—.39 • 36:22 Md. R. 1765 (10-23-09) 12.02.28.01—.23 • 36:16 Md. R. 1266 (7-31-09) 36:25 Md. R. 1971 (12-4-09) 12.10.05.01 • 37:7 Md. R. 583 (3-26-10) 26.04.10.03 • 37:5 Md. R. 440 (2-26-10) 12.14.01.02 • 37:5 Md. R. 439 (2-26-10) 26.04.11.01—.10 • 37:5 Md. R. 442 (2-26-10) 26.05.02.10 • 37:2 Md. R. 103 (1-15-10) 13A STATE BOARD OF EDUCATION Subtitles 08 — 12 (Part 2) 13A.04.17.01—.04 •37:15 Md. R. 1015 (7-16-10) 13A.07.04.01.,01-1,.05,.06 •37:16 Md. R. 1082 (7-30-10) (ibr) 26.10.04.01 • 35:21 Md. R. 1851 (10-10-08) 13A.12.01.04,.11 •37:15 Md. R. 1016 (7-16-10) 26.11.01.01 • 37:14 Md. R. 961 (7-2-10) 13A.12.02.25,.26 •37:15 Md. R. 1016 (7-16-10) 26.11.09.01 • 37:14 Md. R. 961 (7-2-10) 26.11.09.08-1 • 37:14 Md. R. 962 (7-2-10) MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010

PENDING TABLE 1050 26.11.19.06 • 37:14 Md. R. 964 (7-2-10) 35 DEPARTMENT OF VETERANS AFFAIRS 26.11.19.11 • 37:14 Md. R. 966 (7-2-10) 35.05.01.01—.04 • 36:21 Md. R. 1622 (10-9-09) Subtitles 13—18 (Part 3) 36:22 Md. R. 1799 (10-23-09) (err)

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

27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

27.01.02.08 • 37:13 Md. R. 913 (6-18-10) 27.03.01.03 • 37:13 Md. R. 914 (6-18-10)

29 MARYLAND STATE POLICE

29.06.06.01—.07 • 36:20 Md. R. 1554 (9-25-09)

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

30.01.01.02 • 37:8 Md. R. 650 (4-9-10) 30.02.02.07 •37:16 Md. R. 1088 (7-30-10) 30.03.01.01 • 37:8 Md. R. 650 (4-9-10) 30.03.02.02 • 37:8 Md. R. 652 (4-9-10) 30.03.04.04,.06,.07 • 37:8 Md. R. 650 (4-9-10) 30.03.09.01—.03 • 37:8 Md. R. 652 (4-9-10) 30.08.04.05 • 37:8 Md. R. 650 (4-9-10) 30.09.01.02 • 37:8 Md. R. 650 (4-9-10) 30.09.08.06 • 37:8 Md. R. 650 (4-9-10) 30.09.11.02,.04 • 37:8 Md. R. 650 (4-9-10)

31 MARYLAND INSURANCE ADMINISTRATION

31.04.14.03 •37:16 Md. R. 1089 (7-30-10) 31.09.15.01—.13 • 37:13 Md. R. 914 (6-18-10) 31.10.25.02,.04 • 37:4 Md. R. 376 (2-12-10) 37:16 Md. R. 1090 (7-30-10) 31.10.28.02,.05 • 37:4 Md. R. 377 (2-12-10) 37:16 Md. R. 1091 (7-30-10) 31.11.10.02,.04 • 37:4 Md. R. 377 (2-12-10) 37:16 Md. R. 1091 (7-30-10) 31.12.07.02,.04,.05 • 37:4 Md. R. 379 (2-12-10) 37:16 Md. R. 1092 (7-30-10)

33 STATE BOARD OF ELECTIONS

33.01.06.01—.05 •37:15 Md. R.1023 (7-16-10) 33.07.05.02 •37:12 Md. R. 813 (6-4-10) 33.10.02.07 • 37:11 Md. R. 775 (5-21-10) 33.10.02.38 •37:12 Md. R. 813 (6-4-10) 33.13.06.01—.05 •37:15 Md. R. 1024 (7-16-10) 33.13.07.01—.05 •37:15 Md. R. 1025 (7-16-10) 33.17.04.01,.03 • 37:14 Md. R. 968 (7-2-10) 33.17.05.02 • 37:14 Md. R. 968 (7-2-10) 33.17.06.05 •37:12 Md. R.814 (6-4-10) 33.17.06.06 •37:12 Md. R.813 (6-4-10) 33.17.07.01,.04 •37:12 Md. R.814 (6-4-10)

34 DEPARTMENT OF PLANNING

34.04.01.08 •37:16 Md. R. 1093 (7-30-10) 34.04.09.01—.11 •37:16 Md. R. 1093 (7-30-10) 34.04.07.01—.07 •37:15 Md. R. 1026 (7-16-10)

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 1051 The Governor

EXECUTIVE ORDER 01.01.2010.14 D. Terms. This Executive Order shall remain in effect until October 1, 2010. Blue Alert Program WHEREAS, The men and women of our law enforcement agencies GIVEN Under My Hand and the Great Seal of the risk their lives on a daily basis to keep the people of our State safe; State of Maryland, in the City of Annapolis, this 25th day of June, 2010. WHEREAS, Violent offenders who harm law enforcement officers pose a serious danger to both law enforcement personnel and our MARTIN O‘MALLEY communities at large; Governor ATTEST: WHEREAS, The rapid dissemination of information about such JOHN P. MCDONOUGH offenders will facilitate their speedy capture, reducing the risk they Secretary of State would otherwise pose to our communities and our law enforcement [10-16-37] personnel;

WHEREAS, Chapter 473 of the Acts of the General Assembly of 2010 established a Blue Alert Program to rapidly disseminate information to assist in locating an offender suspected of seriously injuring or killing a law enforcement officer;

WHEREAS, Chapter 473 of the Acts of the General Assembly of 2010 has an effective date of October 1, 2010; and

WHEREAS, The Blue Alert Program affords Maryland citizens an opportunity to contribute to the safety of our law enforcement officers by providing timely information and should be timely implemented.

NOW THEREFORE, I, MARTIN O‘MALLEY, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY: A. There is a Blue Alert Program in the Department of State Police. B. Purpose. The Blue Alert Program will provide a system for the rapid dissemination of information to assist in locating and apprehending an offender, suspected of killing or seriously injuring a law enforcement officer, whose disappearance poses a serious threat. C. Procedures. The Department of the State Police shall: (1) Adopt guidelines and procedures for issuing a Blue Alert; (2) Provide training to local law enforcement agencies on the Blue Alert program; (3) Provide assistance to local law enforcement, as necessary, to locate and apprehend an offender for whom a Blue Alert has been issued; (4) Recruit television and radio broadcasters, local volunteer groups, and other members of the public to assist with the Blue Alert program; and (5) Consult with the State Highway Administration and the Emergency Management Agency to establish a plan for the use of the State‘s dynamic message sign system to provide information to the public about a Blue Alert.

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 1052 Open Meetings Compliance Board Authority pointed out that the Act sets forth no time frame for OPINIONS responding to request for copies of documents. Nevertheless, the June 8, 2010 Authority indicated that it always responded to the complainant Craig O‘Donnell within a reasonable period. The response acknowledged that you Kent County News were informed by Authority staff that the Authority lacked closing The Open Meetings Compliance Board has considered your statements for certain sessions; however, it was subsequently complaint on behalf of the Kent County News alleging that the determined that statement was not completely accurate. Closing Maryland Transportation Authority violated the Open Meetings Act statements were created for each meeting; however, as of the date of by failing to provide you with copies of certain documents that a the Authority response, the staff was still searching for statements for public body is required to maintain under the Act. some meetings. For the reasons explained below, we find that the Authority Finally, the response indicated that the Authority has taken steps violated the Open Meetings Act in that copies of written closing to ensure that documents required under the Open Meetings Act are statements were not maintained in a manner in which the body could retained in a manner that the documents will be available for public offer access as required under the Act. However, a failure to provide inspection. copies does not violate the Open Meetings Act. While the Open After receiving the Authority‘s response, you submitted a reply in Meetings Act grants the public a right to review certain documents at which you took issue with much of the Authority‘s response. Much the office of the public body during normal business hours, the right of your reply consisted of recommendations as to how, in your view, to obtain copies of such material would be governed by the Public the Authority ought to operate. To the extent your comments Information Act — not the Open Meetings Act. extended beyond the mandates of the Act, the reply went beyond the statutory role of the Compliance Board, which is to evaluate whether I a public body has complied with the requirements of the Act. However, your reply also addressed matters that go to the Complaint & Response; Supplemental Record requirements of the Act, so we offered the Authority an opportunity to address your reply. The Authority elected to stand by its initial According to your initial complaint, on November 27, 2009, you response and stated that your reply failed to set out any additional requested from the Authority copies of minutes and written allegations supporting a violation of the Act. We were informed that statements prepared in the closing of certain meetings. On December on January 26, 2010, the Authority provided you with copies of all 3, you received copies of minutes. Apparently based on your review written closing statements covering a period of one year prior to the of those documents, you identified 19 occasions on which meetings date of your initial request. were closed during 2008 and 2009. After further discussions with an Authority staff member, you were provided with three closing II statements, two of which corresponded to minutes you had received earlier, and one closing statement, dated January 10, 2008, for which Analysis no corresponding publicly-available minutes were provided. You again contacted staff of the Authority on December 10, 2010, but as A. In General of December 14, the date of your complaint, you had not heard When a public body conducts a meeting governed by the Open further from the Authority. You noted that ―[p]erhaps the closing Meetings Act, certain documentation is required. Relevant for our statements don‘t exist.‖ In summary, you alleged that the Authority purposes here, a public body must have written minutes prepared as violated the Act by failing to provide copies of 17 of the 19 written soon as practicable following a meeting. See §10-509.1 In order to closing statements after more than two weeks and failing to provide constitute the body‘s official minutes, the minutes must be approved all minutes for 2008 and 2009. by the body. 5 OMCB Opinions 14, 16 (2O06). If a public body On December 15, 2009, you submitted an addendum to your chooses to close a portion of a meeting, certain procedures must be complaint stating that the Authority ―through its press office, followed under the Act before the session is actually closed. One concede[d] that it violated minutes requirements and closed session requirement is that the presiding officer of the public body must requirements on multiple occasions.‖ Copies of some of the relevant complete a written statement giving the reason for closure, citing the closing statements, but not all, were forwarded to you. While you statutory authority under which the session is being closed, and acknowledged the Authority‘s willingness to modify its procedures, listing the topics that will be discussed. §10-508(d)(2)(ii). you indicated that you were not willing to withdraw the complaint. The Open Meetings Act provides that minutes of an open meeting In a timely response on behalf of the Authority, Assistant Attorney are ―public records and ... open to public inspection during ordinary General Sherita Harrison addressed in detail the history of business hours.‖ §10-509(d). Similarly, the Act provides that a correspondence between you and Authority staff in this matter. In written statement prepared in closing a meeting is ―a matter of public addressing the allegations in the complaint, the Authority‘s record.‖ §10-508(d)(4). The Open Meetings Act requires that a copy responded that it had no duty under the Act to provide copies of the of minutes and closing statements must be kept for at least one year written statements or minutes within a two week time frame via e- after the date of the session. §§10-508(d)(5); 10-509(e). mail or fax. While Authority staff indicated that you could view B. Public Access copies in the office of the Authority during normal business hours, In terms of public access, we have previously held that public you indicated you wanted copies sent electronically. The Authority access to minutes of a meeting governed by the Act derives from the did provide copies electronically to you on several occasions and Act itself. See, e.g., 6 OMCB Opinions 187, 190 (2009).2 Once offered to send additional materials as they were compiled. The Authority further argued that the Open Meetings Act only 1 Unless otherwise noted, all statutory references are to the Open Meetings requires a public body to maintain minutes and written closing Act, Title 10, Subtitle 5 of the State Government Article, Annotated Code of statements for a period of one year. To the extent documents were Maryland. 2 In interpreting the Act, we have distinguished between minutes, which are requested for a period extending more than a year before the date of required under the Act, versus recordings, the creation of which is the request, the complaint is ―unsubstantiated.‖ Furthermore, the discretionary with the public body. Although the Act requires both records be retained for at least one year, we have held that public access to recordings is MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 OPEN MEETINGS COMPLIANCE BOARD 1053 approved by a public body, ―minutes of an open meeting are to be III available upon request during regular business hours.‖ 5 OMCB Opinions 14, 16 (2006). Thus, someone wishing to review minutes Conclusion of a public body‘s meetings need not invoke the Public Information Act. Id. Similarly, we have held that the written statement prepared We find that the Authority violated the Open Meetings Act in that in closing a meeting is to be made available for the public‘s review at copies of written closing statements were not maintained in a manner the time a meeting is closed. 6 OMCB Opinions 121, 124 (2009). If a in which the body could offer public access as required under the copy is requested, but copying facilities are unavailable during the Act. However, the failure to provide copies electronically did not course of a meeting, we have suggested that a copy be provided the violate the Open Meetings Act. While the Open Meetings Act grants next business day. Id. Thus, a member of the public is entitled to the public a right to review certain documents at the office of a public visit the office of a public body during regular business hours and body during normal business rights, the right to obtain copies of such review copies of these documents. material would be governed by the Public Information Act - - not the The Act only requires a public body to maintain copies of these Open Meetings Act. documents for a year following the meeting. §§10-508(d)(5); 10- Open Meetings Compliance Board 509(e). However, we disagree with the Authority‘s suggestion that, Elizabeth L. Nilson, Esquire should a public body choose to retain copies for a longer period, the Courtney J. McKeldin right of the public to review these documents under the Act is Julio Morales, Esquire 3 somehow extinguished. [10-16-29] C. Right to Copies The public‘s right to review documents that a public body is required to maintain under the Act derives from the Open Meetings OPINIONS Act itself. However, with the exception of copies of closing May 27, 2010 statements requested during the course of a meeting - - a document Jeannine Fay that generally consists of one or two pages - - we have never held that Jason Decker the Open Meetings Act provides a right to demand copies of such The Open Meetings Compliance Board has considered your documents, either in paper or electronic form. The Open Meetings complaints in connection with the West Towson Elementary School Act simply does not address an entitlement to copies. Boundary Study Committee. Specifically, you alleged that the The provision of copies of these public records is governed by the committee violated the Open Meetings Act when it met on December Public Information Act. Thus, in providing copies of records that a 23, 2009, in a meeting that had not been announced to the public. public body is required to maintain under the Act, in our view, a For the reasons explained below, we conclude that the committee public body should respond to a requester within the time frame is a ―public body‖ as that term is defined for purposes of the Open required under the Public Information Act. In carrying out our role, Meetings Act. Because a quorum was not present December 23, the we are limited to interpreting the Open Meetings Act. 6 OMCB meeting itself did not violate that Act. However, if the organizers of Opinions 164, 169 (2009). Whether a public body provides copies in the session intended that a quorum of the committee would attend, paper or electronically is a decision for the record custodian to make the failure to provide public notice of the meeting violated the Act. with advice of its counsel on the Public Information Act. Similarly, any charge for copies of documents maintained under I the Act ought to be consistent with a public body‘s fee schedules adopted under the Public Information Act. Complaints and Response

D. Authority Practices A. Fay Complaint It is apparent that the Authority‘s method of maintaining certain According to Ms. Fay‘s complaint, the Central Area documents completed under the Act was inadequate. Apparently, the Superintendent for the Baltimore County School System organized relevant documents existed. However, had someone visited the the West Towson Elementary School Boundary Study Committee, in Authority to review the closing statements for the relevant time accordance with Board of Education Policy 1280, to make school period, it is obvious that the documents could not have been readily redistricting recommendations in anticipation of the opening of a new produced. However, we commend the Authority for its pledge to school. According to the complaint, it was announced that the modify its practices to ensure future access. committee would meet on October 28, November 18, and December The Authority did not violate the Open Meetings Act when it 2 and 16, 2009. Although the public would not have the opportunity failed to provide electronic copies to the requester as requested. to comment during these sessions, the meetings were to be open to While the Open Meetings Act requires that minutes and closing the public. During the course of these meetings, various redistricting statements be available during regular business hours, the Act does options were discussed and voted on by members of the committee. not require provision of copies of these documents for prior meetings. On December 16, the committee voted to eliminate one option Copies of the documents ought to be made available in accordance known as ―Scenario G‖ under which Rodgers Forge Elementary with the manner that a public body would handle a request submitted School would serve only those homes that were part of the Rodgers under the Public Information Act. Forge Community Association. The complaint indicated that this option was eliminated because most members of the committee felt that the boundaries appeared gerrymandered in that they curved sharply to exclude apartment complexes directly adjacent to the school. Thus, many people were surprised when Scenario G was included among the packet of redistricting scenarios presented at a governed, not by the Open Meetings Act, but by the Public Information Act, public forum held on January 6, 2010. State Government Article, §10-611, et seq., Annotated Code of Maryland. 3 We recognize that there may be circumstances where the requester wants According to the complaint, on January 13, 2010, Ms. Fay heard a records for a period exceeding a year and the custodian has transferred the member of the committee describe at a community association records to storage. Under these circumstances, we would expect that the meeting how he had been instrumental in getting Scenario G public body would agree to retrieve such records if still in its custody within a reasonable period. reinstated. Following the December 16, 2009, meeting, the MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 OPEN MEETINGS COMPLIANCE BOARD 1054 committee member determined that Scenario G could be justified in superintendent. It does not advise the Board of Education or the that ―it followed the ‗historic district‘ of Rodgers Forge.‖ The Superintendent of Schools. committee member then worked to convene an impromptu committee While committee meetings were held on October 28, November meeting to reconsider Scenario G. This meeting occurred on 18, and December 2 and 16, 2009, and on January 20, 2010, the December 23, 2009, at which time the committee voted to approve response stated that there were no public announcements of these the inclusion of Scenario G. The complaint alleged that the meetings. Rather, individual schools notified their respective December 23 meeting was conducted in violation of the Open communities. In contrast, the community forum hosted by the area Meetings Act in that it was never announced to the public. assistant superintendent were announced by each school and the B. Decker Complaint Baltimore County Public Schools Office of Communication, Mr. Decker‘s complaint also focused on whether the Open consistent with the Board‘s policy. Meetings Act was violated in connection with the December 23, In summary, the response argued that when the committee met on 2009, committee meeting in that notice was not provided to the December 23 to consider additional information regarding the public. This complaint described the events leading to the formation Rodgers Forge neighborhood, no public notice was required since the of the committee and included a copy of the relevant Baltimore committee is not a public body under the Act. However, the response County Public Schools Policy. The committee was described as further argued that, if the committee was determined to be a public consisting of parents, teachers, administrators, and other body, the Act was not violated in that a quorum was not present; representatives from the schools and communities in the region. It therefore, no meeting, as defined under §10-502(g), occurred. Only was noted that the dates of the other committee meetings were well two voting members attended. While four school system members publicized and that, to the complainant‘s knowledge, whenever and one co-chair attended, they lacked authority to vote on the previous boundary study committees decided to hold additional boundary change. Therefore, in the respondent‘s view, a quorum of meetings, notice to the public was routinely provided. the committee had not convened. Mr. Decker requested that we review whether the committee‘s December 23, 2009, meeting was subject to the Open Meetings Act II and, if so, whether the Act was violated. C. Response Analysis When submitting the complaints to the committee for response, we informed the committee that we would treat both complaints in a Before considering the complainants‘ allegation relating to notice, single opinion. In a timely response on behalf of the committee, we must first consider whether the boundary study committee‘s Margaret-Ann Howie, General Counsel for the Baltimore County meeting was subject to the Open Meetings Act. Application of the Public Schools, asserted that the boundary study committee is not a Act involves a three-part analysis: (1) Is the entity a ―public body‖ ―public body‖ subject to the Open Meetings Act.4 The response subject to the Act? (2) If it is a public body, did the particular session stated that Board of Education Policy 1280 established the Board‘s constitute a ―meeting‖ for purposes of the Act? (3) And finally, if a ―boundary practices‖ to revise and create school attendance areas and meeting occurred, was the topic of discussion subject to the Act? 6 reflects the importance of the community‘s role in the process. The OMCB Opinions 17, 20 (2008). If the answer to any of these response noted that the Board of Education is legally mandated to questions is no, our evaluation would ordinarily end, because the determine schools‘ attendance areas. The committee ―existed solely Open Meetings Act would not apply. However, assuming the to study the possible boundaries for the West Towson Elementary committee qualifies as a public body, the issue of notice must still be School which is scheduled to open for the 2010-2011 school year. addressed. Once a committee has determined possible options, the school A. Public Body system‘s staff is to ―[h]ost a community forum in which the boundary Because all the requirements of the Act are framed in terms of the change options developed by the ... [c]ommittee will be presented...‖ meeting practices of a ―public body,‖ the initial question we must The response explained, ―[t]he community meetings, therefore, are consider is whether the boundary study committee is a ―public body‖ the Area Assistant Superintendent‘s, not the Committee‘s.‖ The as defined by the Act. 2 OMCB Opinions 70, 72 (1999). Stated committee‘s recommendations are recommendations to the Area otherwise, if an entity is not a ―public body,‖ no violation of the Assistant Superintendent which are then reviewed by the public. The Act‘s notice requirements could have occurred. 6 OMCB Opinions Area Assistant Superintendent, in turn, makes a recommendation to 140, 143 (2009). the Superintendent for final action by the Board of Education. The Open Meetings Act defines a ―public body‖ in part as: The response explained that, under the policy, it is the ―Executive (1) ... an entity that: Director of Schools‖ – now titled ―Area Assistant Superintendent‖ – (i) consists of at least 2 individuals; and who appoints a boundary study committee. Thus, the committee, (ii) is created by: while described in the Board‘s policy, was not created by the Board. 1. the Maryland Constitution; Here the committee, appointed by an Area Assistant Superintendent, 2. a State statute; included 16 community and school representatives and 7 school 3. a county or municipal charter; system staff members; ten of the members had voting rights.5 4. an ordinance; The response stated that, while the Board of Education policy is a 5. a rule, resolution, or bylaw; ―formal instrument‖ within the meaning of §10-502(h)(1)(ii)5,6 the 6. an executive order of the Governor; or policy merely provides the Area Assistant Superintendent the ability 7. an executive order of the chief executive authority of a to name the group. The response further emphasized that the political subdivision of the State. committee serves in an advisory role to the area assistant (2) ―Public body‖ includes: (i) any multimember board, commission, or committee appointed by the Governor or the chief executive authority of a 4 We granted Ms. Howie a brief extension of time in which to political subdivision of the State, or appointed by an official who is respond. subject to the policy direction of the Governor or chief executive 5 The roster included with the response identified a total of 22 authority of the political subdivision, if the entity includes in its members. 6 All statutory references are to the Open Meetings Act, Title 10, Subtitle 5 of the State Government Article, Annotated Code of Maryland. MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 OPEN MEETINGS COMPLIANCE BOARD 1055 membership at least 2 individuals not employed by the State or the the panel was nevertheless a public body under the Open Meetings political subdivision; Act. Id. at 192. However, whether the boundary study committee is (ii) any multimember board, commission, or committee that: a public body presents a closer question. 1. is appointed by: Unlike the law governing the hearing panel, the Board of A. an entity in the Executive branch of State government, Education policy provides little detail prescribing the committee‘s the members of which are appointed by the Governor, and that governance. As we understand the policy, it simply required that an otherwise meets the definition of a public body under this subsection; Area Assistant Superintendent establish a boundary study committee, or one aspect of developing redistricting recommendations, before the B. an official who is subject to the policy direction of an Area Assistant Superintendent‘s could offer recommendations for entity described in item A of this item; and presentation to the Board of Education. The policy only required that 2. includes in its membership at least 2 individuals who are certain stakeholders be represented and offered an advisory not members of the appointing entity or employed by the State; and framework and suggestions of matters that might be considered. (iii) The Maryland School for the Blind. Much of the detail appears to have been left to the Area Assistant §10-502(h)(1) and (2).7 Thus, the Act prescribes three distinct Superintendent‘s discretion. If the statute was construed narrowly, it ways in which an entity might constitute a public body. In might be said the policy did not create the boundary study committee considering the boundary study committee, we shall consider each that would qualify as a public body under §10-502(h)(1). scenario in the reverse order from which they are listed in the statute. However, in considering the application of the Act to a nonprofit Both §10-502(h)(2)(i) and (ii) cover multi-member entities corporation known as the Salisbury Zoo Commission, the Court of appointed without any formal legal instrument listed in §10- Special Appeals strongly suggested that the definition of public body 502(h)(1). Section 10-508(h)(2)(ii), the latest expansion of the term found in §10-502(h)(1) should not be read this narrowly. See Andy’s ―public body,‖ extends to a multi-member entity that is appointed Ice Cream, Inc. v. City of Salisbury, 125 Md. App. 125, 143, 724 either by a public body in the executive branch of State government, A.2d 717, cert. denied, 353 Md. 473, 727 A.2d 382 (1999). the members of which are appointed by the Governor, or by an Although the Court decided the matter under an alternative provision, official subject to such a public body‘s policy direction, provided that the Court suggested that had the City adopted a resolution requiring its membership includes at least two individuals who are neither the City Attorney to file articles of incorporation establishing the Zoo members of the appointing entity nor employed by the State. Commission, §10-502(h)(1) would have likely applied. 125 Md. App. However, this provision would not extend to the boundary study At 145. Here the policy adopted by the Board of Education clearly committee. Although the Baltimore County Board of Education is required that the Area Assistant Superintendent appoint the boundary appointed by the Governor, neither the Board nor its staff are study committee. While the actual composition was left to the considered part of the executive branch of State government. discretion of the Area Assistant Superintendent, including the number Chesapeake Charter, Inc. v. Anne Arundel County Bd. of Educ., 358 of members necessary to calculate a quorum, the board‘s policy Md. 129, 136-137, 747 A.2d 625 (2000) (While local boards of mandated the Area Assistant Superintendent‘s action. Under these education are generally considered State agencies, they are not circumstances, we find that the boundary study commission, required normally regarded for structural purposes as units within the under the Board of Education policy, was a public body for purposes Executive Branch.) of the Act. To the extent there was any gap in the policy prescribing Nor would the boundary study committee constitute a public body sufficient detail necessary to determine a quorum, the gap was under §10-502(h)(2)(i). To be sure, it is a multi-member entity that addressed by action of the Area Assistant Superintendent naming 22 includes individuals unaffiliated with the school system. But it was members to the committee.8 not appointed by the Governor or the chief executive authority of a B. Meeting political subdivision of the State or by an official subject to the The response argued that, even should it be determined that the Governor or chief executive authority‘s policy direction. It was boundary study committee was a public body, the session held appointed by an Area Assistant Superintendent of schools. Given December 23, 2009, was not a meeting governed by the Act in that a that a local board of education generally is viewed as a State entity, it quorum was not present. The Open Meetings Act only applies when would not be viewed as a political subdivision of the State. a public body is holding a ―meeting.‖ A meeting requires the A more difficult question is whether the boundary school system presence of a quorum - - in most cases, a simple majority of the constitutes a public body under §10-502(h)(1). In responding to the membership. §10-502(g) and (k); 3 OMCB Opinions 242, 43 (2002). complaint, counsel for the school system concedes the Board of In appointing the boundary study committee, the Area Assistant Education policy is a formal instrument within the meaning of the Superintendent named 22 members. Thus, 12 would normally statute. But according to the response, it is neither the Board of constitute a quorum. Given that only seven members were apparently Education nor the Superintendent of Schools that appoints a present on December 23, we agree with the respondent‘s counsel that boundary study committee under the policy. Rather, the committee is no meeting actually occurred.9 appointed by an Area Assistant Superintendent. Furthermore, the C. Notice response states that the committee serves as an advisor to the Area Assistant Superintendent rather than to the Board of Education or the 8 While the role of the boundary study committee apparently is Superintendent. limited to making recommendations to the area assistant superintendent, in carrying In an earlier opinion, we addressed the application of the Act to an out that role, the committee‘s activities would appear to be an ―advisory function‖ under the Act. The term ―advisory function‖ is defined, in part, as ―the study of a entity established in accordance with a statute that required the matter of public concern or the making of recommendations on the matter, under a Critical Area Commission to appoint a panel of 5 of its members to delegation of responsibility by ... formal action by or for a public body that conduct a public hearing on a proposal to amend a local critical area exercises an administrative, judicial, legislative, quasi-judicial, or quasi-legislative function.‖ §10-502(c). Thus, the facts that the boundary study committee lacks program. 5 OMCB Opinions 189 (2007). Among other things, the final decision-making authority and advises only the Area Assistant Superintendent statute addressed a panel‘s quorum requirements and prohibited do not affect our decision. certain actions absent a quorum. Id. at 191. Although the statute 9 In reaching this conclusion, the response distinguished between stopped short of actually establishing the panel, we concluded that voting members and nonvoting members of the committee. We do not necessarily agree with this conclusion in that it appears to mix the requirement for a quorum versus ability to take action. Cf. 3 OMCB Opinions 78, 82 (2001) (supermajority 7 Section 10-502(h)(3) excludes certain entities from the voting requirement did not alter number necessary to constitute a quorum). definition of ―public body,‖ but these exclusions are not relevant to the matter However, we need not dwell on this point because counting either all the members before us. in attendance or only members entitled to vote would fall short of a quorum. MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 OPEN MEETINGS COMPLIANCE BOARD 1056 The question remains whether the boundary study committee nevertheless violated the Act‘s notice requirements even though a quorum did not materialize on December 23, 2009. Based on the record before us, all we can offer is a qualified response. We assume that, at the time the meeting was scheduled, the organizers had either anticipated, or had at least hoped, that a quorum would be present so that the inclusion of Scenario G could be revisited. If that assumption is correct, notice of the meeting was required. See, e.g., Community and Labor United for Baltimore Charter Comm. (CLUB) v. Baltimore City Bd. of Elections, 377 Md. 183, 195, 832 A.2d 804 (2003); 3 OMCB Opinions 92, 95 (2001). And failure to provide any form of notice to the public would have violated §10-506 even though no meeting ever actually occurred. On the other hand, if that assumption is not correct, no violation of the Act‘s notice requirements would have occurred. Of course, had a quorum nonetheless materialized, and had the group proceeded with a meeting, the meeting would have been in violation of the Act in that notice to the public was never provided.

III

Conclusion

We find that the boundary study committee appointed by an Area Assistant Superintendent pursuant to a policy of the Baltimore County Board of Education requiring the appointment is a ―public body‖ under the Open Meetings Act. But because a quorum was not present December 23, 2009, the meeting itself did not violate that Act. However, if the organizers of the session intended that a quorum of the committee would attend, the failure to provide public notice of the meeting violated the Act. Open Meetings Compliance Board Elizabeth L. Nilson, Esquire Courtney J. McKeldin Julio Morales, Esquire [10-16-28]

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 1057 The Judiciary

COURT OF APPEALS OF MARYLAND DISCIPLINARY PROCEEDINGS This is to certify that by an Order of this Court dated July 15, 2010, CRYSTAL ANITA GIST FISHER, 10462 Kelso Court, Waldorf, Maryland 20603, has been disbarred by consent from the further practice of law in this State and her name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 16-713). [10-16-33]

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 1058 Emergency Action on Regulations Symbol Key • Roman type indicates text existing before emergency status was granted. • Italic type indicates new text. • [Single brackets] indicate deleted text.

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

Title 10 Title 14 DEPARTMENT OF HEALTH INDEPENDENT AGENCIES AND MENTAL HYGIENE Subtitle 01 STATE LOTTERY AGENCY Subtitle 54 SPECIAL SUPPLEMENTAL 14.01.10 Video Lottery Terminals NUTRITION PROGRAM FOR Authority: State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland WOMEN, INFANTS, AND CHILDREN Notice of Emergency Action (WIC) [10-201-E] 10.54.02 Local Agency The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Authority: Health-General Article, §§18-107(a) and 18-108, Annotated Code Regulation .13 under COMAR 14.01.10 Video Lottery Terminals. of Maryland Emergency status began: July 2, 2010. Emergency status expires: December 29, 2010. Notice of Emergency Action [10-196-E] Editor‘s Note: The text of this document will not be printed here The Joint Committee on Administrative, Executive, and because it appeared as a Notice of Proposed Action in 37:15 Md. R. Legislative Review has granted emergency status to amendments to 1017—1018 (July 16, 2010), referenced as [10-201-P]. Regulation .18 under COMAR 10.54.02 Local Agency. Emergency status began: July 1, 2010. STEPHEN L. MARTINO Emergency status expires: December 27, 2010. Director State Lottery Agency Editor‘s Note: The text of this document will not be printed here because it appeared as a Notice of Proposed Action in 37:15 Md. R. 1014—1015 (July 16, 2010), referenced as [10-196-P] JOHN M. COLMERS Secretary of Health and Mental Hygiene

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 EMERGENCY ACTION ON REGULATIONS 1059 Subtitle 01 STATE LOTTERY AGENCY Title 34 14.01.16 Voluntary Exclusion and Responsible DEPARTMENT OF Gaming Authority: State Government Article, Title 9, Subtitle 1A-24(e), Annotated PLANNING Code of Maryland Notice of Emergency Action Subtitle 03 LAND USE [10-194-E] 34.03.03 Certification of County Agricultural The Joint Committee on Administrative, Executive, and Land Preservation Programs Legislative Review has granted emergency status to the adoption of new Regulations .01—10 under a new chapter, COMAR 14.01.16 Authority: [State Finance and Procurement Article, §§5-203(b)(2) and 5-408;] Voluntary Exclusion and Responsible Gaming. Agriculture Article[.], §§2-103(b) and 2-518; State Finance and Procurement Emergency status began: July 2, 2010. Article, §§5-203(b)(2) and 5-408; Tax-Property Article, §3-306; Annotated Code of Maryland Emergency status expires: December 29, 2010. Notice of Emergency Action Editor‘s Note: The text of this document will not be printed here [10-212-E] because it appeared as a Notice of Proposed Action in 37:15 Md. R. The Joint Committee on Administrative, Executive, and 1018—1020 (July 16, 2010), referenced as [10-194-P]. Legislative Review has granted emergency status to amendments to STEPHEN L. MARTINO Regulation .12 under COMAR 34.03.03 Certification of County Director Agricultural Land Preservation Programs. State Lottery Agency Emergency status began: June 29, 2010. Emergency status expires: December 2, 2010. Title 33 Comparison to Federal Standards There is no corresponding federal standard to this emergency STATE BOARD OF action. ELECTIONS Economic Impact on Small Businesses The emergency action has minimal or no economic impact on Subtitle 01 DEFINITIONS; GENERAL small businesses. PROVISIONS .12 Counties Certified Before July 1, 2008. A. (text unchanged) 33.01.06 Candidate Names B. The Department and the Foundation may conditionally recertify Authority: Election Law Article, §2-102(b)(4) and Title 5, Subtitle 3, a county under this regulation if they do not meet the requirements of Annotated Code of Maryland Regulations .05H and .06 of this chapter, if the Department and Foundation determine that the county‘s program development Notice of Emergency Action strategy is likely to result in a priority preservation area and a priority [10-205-E] preservation area element that will meet those requirements by [July] The Joint Committee on Administrative, Executive, and December 1, 2010. Legislative Review has granted emergency status to new Regulations .01—.05 under a new chapter, COMAR 33.01.06 Candidate RICHARD E. HALL Names. Department of Planning Emergency status began: July 2, 2010. Emergency status expires: December 29, 2010.

Editor‘s Note: The text of this document will not be printed here because it appeared as a Notice of Proposed Action in 37:15 Md. R. 1023—1024 (July 16, 2010), referenced as [10-205-P]. LINDA H. LAMONE Administrator State Board of Elections

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 1060 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 07 Title 15 DEPARTMENT OF HUMAN DEPARTMENT OF RESOURCES AGRICULTURE Subtitle 07 CHILD SUPPORT Subtitle 06 PLANT PEST CONTROL ENFORCEMENT ADMINISTRATION 15.06.02 Plant Pest Control Regulations 07.07.20 Administrative Enforcement of Medical Authority: Agriculture Article, §§5-301 — 5-314 and 9-302, Annotated Code Support of Maryland Notice of Final Action Authority: Family Law Article, §§10-114, 12-102 — 12-102.3; Health- General Article, §19-706; Insurance Article, §15-405; Annotated Code of [10-145-F] Maryland On July 7, 2010, the Secretary of Agriculture adopted amendments (Agency Note: Federal Regulatory References: 29 CFR §2590 and 45 CFR to Regulation .06 under COMAR 15.06.02 Plant Pest Control §303.32; 42 U.S.C. §652(f) Regulations. This action, which was proposed for adoption in 37:10 Notice of Final Action Md. R. 731 — 732 (May 7, 2010), has been adopted as proposed. [10-118-F] Effective Date: August 9, 2010. On July 12, 2010, the Secretary of Human Resources adopted EARL F. HANCE amendments to Regulation .07 under COMAR 07.07.20 Secretary of Agriculture Administrative Enforcement of Medical Support. This action, which was proposed for adoption in 37:8 Md. R. 632 (April 9, 2010), has been adopted as proposed. Title 31 Effective Date: August 9, 2010. BRENDA DONALD MARYLAND INSURANCE Secretary of Human Resources ADMINISTRATION Title 13A Subtitle 17 MARYLAND HEALTH STATE BOARD OF INSURANCE PLAN 31.17.03 Operation and Administration of the EDUCATION Plan Subtitle 07 SCHOOL PERSONNEL Authority: Insurance Article, §4-503(k), Annotated Code of Maryland 13A.07.01 Comprehensive Teacher Induction Notice of Final Action [10-124-F] Program On July 8, 2010, the Board for the Maryland Health Insurance Authority: Education Article, §§2-205(c) and 6-202(b), Annotated Code of Plan adopted amendments to Regulation .02 under COMAR Maryland 31.17.03 Operation and Administration of the Plan. This action was taken by the Board at a public meeting, notice of which was Notice of Final Action given pursuant to State Government Article, §10-506, Annotated [09-328-F] Code of Maryland. This action, which was proposed for adoption in On April 27, 2010, the Maryland State Board of Education 37:8 Md. R. 653 — 654 (April 9, 2010), has been adopted as adopted the repeal of existing Regulations .01 — .05 under COMAR proposed. 13.07.01 Teacher Mentoring Programs and new Regulations .01 — Effective Date: August 9, 2010. .08 under COMAR 13A.07.01 Comprehensive Teacher Induction Program. This action, which was proposed for adoption in 37:7 Md. RICHARD POPPER R. 585 — 587 (March 26, 2010), has been adopted as proposed. Executive Director Effective Date: August 9, 2010. Maryland Health Insurance Plan

NANCY S. GRASMICK State Superintendent of Schools MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 1061 Withdrawal of Regulations

Title 14 INDEPENDENT AGENCIES Subtitle 09 WORKERS’ COMPENSATION COMMISSION 14.09.01 Procedural Regulations Authority: Labor and Employment Article, §§9-309 and 9-722, Annotated Code of Maryland Notice of Withdrawal [10-152-W] The Workers‘ Compensation Commission withdraws its proposal to amend Regulations .01 and .19 under COMAR 14.09.01 Procedural Regulations, as published in 37:11 Md. R. 772 — 774 (May 21, 2010). R. KARL AUMANN Chairman Workers‘ Compensation Commission

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 1062 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.

410-767-2149, or email to [email protected], or fax to 410-333-0637. Comments will be accepted through August 30, 2010. Title 07 A public hearing has not been scheduled. DEPARTMENT OF HUMAN .03 Responsibilities of the Inspector General. A. — B. (text unchanged) RESOURCES C. Internal Audit. The OIG shall provide the following internal audit functions: Subtitle 01 OFFICE OF THE (1) (text unchanged) (2) Conduct financial and compliance audits of the 24 local SECRETARY departments every [2] 3 years; (3) — (5) (text unchanged) 07.01.10 Office of the Inspector General D. (text unchanged) Authority: [Article 41, §§6-101(c) and 6-103(b); Article 88A, §§3(a), 5, and BRENDA DONALD 89;] Human Services Article, §§ 2-203, 2-205, 2-209, and 3-602, Annotated Secretary of Human Resources Code of Maryland[.]; Federal Regulatory Reference: 45 CFR 74; Executive Order 01.01.1994.06 Notice of Proposed Action Subtitle 08 COMMISSION ON INDIAN [10-231-P] AFFAIRS The Secretary of Human Resources proposes to amend Regulation .03 under COMAR 07.01.10 Office of the Inspector General. 07.08.01 Recognition of Maryland Indian Status Statement of Purpose Authority: [Article 41, §6-911] State Government Article, §9.5-309—9.5-312, The purpose of this action is to change the number of years for Annotated Code of Maryland which a financial and compliance audit would be conducted at the 24 Executive Order 01.01.07.2007.25 local departments from 2 years to 3 years. Notice of Proposed Action Comparison to Federal Standards [10-220-P] There is no corresponding federal standard to this proposed action. The Maryland Commission on Indian Affairs proposes to: (1) Amend and recodify existing Regulations .01, .02, .05, .06, .08, Estimate of Economic Impact .09, and .13 under COMAR 07.08.01 Recognition of Maryland Indian The proposed action has no economic impact. Status to be Regulations .01, .02, .05, .06, .08, .09, .11, and .13 under a new Economic Impact on Small Businesses chapter, COMAR 01.06.01 Recognition of Maryland Indian Status, The proposed action has minimal or no economic impact on small under a new subtitle, COMAR 01.06 Governor’s Office of Community businesses. Initiatives; and (2) Recodify existing Regulations .03, .04, .07, .10, and .12 under Impact on Individuals with Disabilities COMAR 07.08.01 Recognition of Maryland Indian Status to be The proposed action has no impact on individuals with disabilities. Regulations .03, .04, .07, .10, and .12 under a new chapter, COMAR Opportunity for Public Comment 01.06.01 Recognition of Maryland Indian Status, under a new subtitle, Comments may be sent to LaVonne Oliver, Regulations COMAR 01.06 Governor’s Office of Community Initiatives. Coordinator, DHR, Office of Government, Corp. and Comm. Affairs, This action was considered by the Maryland Commission on 311 W. Saratoga Street, Room 270, Baltimore, MD 21201, or call Indian Affairs and approved at its meeting on April 5, 2010. MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1063 Statement of Purpose (iv) Identification of the group as Native American The purpose of this action is to recodify and amend the current indigenous to Maryland by anthropologists, historians, genealogists, COMAR 07.08.01, moving it to a new subtitle Governor‘s Office of or other scholars[,]; or Community Initiatives. (v) Repeated identification of the group or the group‘s members as Native American indigenous to Maryland in official Comparison to Federal Standards government records, church or school records, medical records, There is no corresponding federal standard to this proposed action. bibles and other family records, newspapers, books, photographs, or Estimate of Economic Impact oral histories; The proposed action has no economic impact. (b) Documents identifying the name of the group, or other term recognizing the group as Native American indigenous to Economic Impact on Small Businesses Maryland, with an approximate location in Maryland from before The proposed action has minimal or no economic impact on small 1790 until the present; businesses. (c)—(e) (text unchanged) Impact on Individuals with Disabilities (2) (text unchanged) The proposed action has no impact on individuals with disabilities. .06 Inspection of Documentation. Opportunity for Public Comment A. Documentation submitted in support of or in opposition to a Comments may be sent to Keith Colston, Executive Director, petition may be inspected or copied by a person as provided by the Maryland Commission on Indian Affairs, 301 W. Preston Street, 15th Access to Public Records Act [and COMAR 05.01.02]. Fl., Baltimore, MD 21201, or call 410-767-7631, or email to B. The Commission shall deny inspection or copying of any part [email protected], or fax to 410-333-7542. Comments will of the documentation that contains sociological information relating be accepted through August 30, 2010. A public hearing has not been to an individual, as provided in the Access to Public Records Act. For scheduled. purposes of these regulations, sociological information includes: (1)—(11) (text unchanged) .01 General. (12) Family history other than evidence necessary to determine A. Scope. State Government Article [41, §6-909], §9.5-309, [Native American] descendancy from a Native American tribe, band, Annotated Code of Maryland, permits the Commission on Indian group, or clan indigenous to Maryland. Affairs to establish a process by which a Native American tribe, C.—D. (text unchanged) band, group, or clan indigenous to Maryland can apply to the Commission for formal recognition of Maryland Indian status. State .08 Processing Petitions. Government Article [41, §6-911], §9.5-311, Annotated Code of A. — H. (text unchanged) Maryland, requires the Commission to adopt regulations and I. In advising the Commission whether a petition meets the procedures necessary to carry out the provisions of State Government recognition criteria set forth in Regulation .04 of this chapter, the Article [41, §6-909], §9.5-309, Annotated Code of Maryland. These Recognition Advisory Committee shall: regulations set forth procedures to carry out those provisions. (1) (text unchanged) B. (text unchanged) (2) Use to the maximum extent practicable the information and sources available to it, including individuals not on the Recognition .02 Definitions. Advisory Committee who have knowledge or experience with federal A. (text unchanged) or other State Indian tribe recognition procedures or an understanding B. Terms Defined. of the history of Native Americans [in] indigenous to Maryland. (1)—(5) (text unchanged) J.—L. (text unchanged) (6) ―Commission‖ means the Commission on Indian Affairs[, M. [If] Subject to Regulation .09 of this chapter, if the an agency] in the [Department of Human Resources] Governor’s Commission determines that the petitioning group meets the criteria Office of Community Initiatives. set forth in Regulation .04 of this chapter, the Commission shall (7)—(18) (text unchanged) submit [to the Secretary, for transmittal] to the Governor[,] a [(19) ―Secretary‖ means the Secretary of Human Resources.] recommendation, together with its determinations, that the petitioning [(20)] (19)—[(21)] (20) (text unchanged) group be formally recognized as a Maryland Indian tribe, band, group, or clan. .05 Petition Requirements. [N. Subject to Regulation .09 of this chapter, the Secretary shall A. (text unchanged) transmit to the Governor any Commission recommendation for B. To document that the petitioning group meets the criteria set formal recognition, together with the Commission‘s determinations.] forth in Regulation .04 of this chapter, the petitioning group: (1) Shall submit: .09 Reconsideration of Recognition Recommendations. (a) (text unchanged) A. Within 30 days after the notice of Commission determinations (i) Longstanding relationships of the group with the is mailed under Regulation .08K(2) of this chapter, the petitioning government of Maryland or the United States, based on identification group or any person or group that previously submitted arguments in of the group or the group‘s members as Native American indigenous support of or in opposition to the petition may, in writing, [may] to Maryland[,]; request that the [Secretary to] Commission review the determinations. (ii) Repeated dealings of the group with a county or other B. Within 30 days after receiving a request for review, the local government in a relationship, based on identification of the [Secretary] Commission shall appoint a three-member panel to review group or the group‘s members as Native American indigenous to the Commission‘s determinations and all evidence submitted in Maryland[,]; support of or in opposition to the petition. The panel shall include at (iii) Repeated dealings of the group with other tribes, least one member of the Commission and one member of the bands, groups, or clans, or national Native American organizations, Recognition Advisory Committee, who together shall nominate the based on identification of the group as Native American indigenous third member for the [Secretary‘s] Commission’s appointment. to Maryland[,]; C. The panel shall report its findings and recommendations to the [Secretary] Commission within 60 days after appointment. If the MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1064 [Secretary] Commission concludes that the Commission adequately considered the evidence submitted, the [Secretary] Commission shall Title 10 transmit any panel findings and recommendations and any Commission recommendation for formal recognition to the Governor DEPARTMENT OF HEALTH together with the Commission‘s determinations, and the Commission promptly shall notify the petitioning group and all persons requesting AND MENTAL HYGIENE notice. D. If the panel concludes that the Commission failed to adequately Subtitle 25 MARYLAND HEALTH consider any evidence submitted and that the evidence if adequately considered is likely to reverse the Commission‘s determinations,[ the CARE COMMISSION Secretary shall advise the Commission and] the Commission shall 10.25.16 Electronic Health Record Incentives adequately consider the evidence and reconsider the Commission‘s determinations. Authority: Health–General Article, §§ 19-103(c)(2)(i) and (ii), 19-109(a)(1), [E. After reconsidering its determinations, the Commission shall 19–143(d)(1),(2),(3),(4), and (i) Annotated Code of Maryland submit its reconsidered determinations and any recommendation for Notice of Proposed Action formal recognition to the Secretary.] [10-221-P] [F.] E. After Commission reconsideration, the [Secretary] Commission shall transmit any Commission recommendation for The Maryland Health Care Commission proposes to adopt new formal recognition to the Governor. The transmittal shall include the Regulations .01—.07 under a new chapter, COMAR 10.25.16 Commission‘s final determinations. The Commission shall promptly Electronic Health Record Incentives. This action was considered notify the petitioning group, and all persons requesting notice, of the by the Commission at an open meeting held on June 17, 2010, notice Commission‘s recommendation and final determinations. of which was given through publication in the Maryland Register, under State Government Article, §10-506, Annotated Code of .11 Recognition Advisory Committees. Maryland. A. A Recognition Advisory Committee shall be appointed by the Statement of Purpose [Secretary] Commission to review each petition for formal The purpose of this action is to have the Maryland Health Care recognition of Maryland Indian status under these regulations. Commission propose new regulations that require specific State- B.—C. (text unchanged) regulated payors to provide incentives to health care providers to .13 General Provisions. promote the adoption and certain use of electronic health records; A. Administration. establish certain requirements for the incentives; provide that the [(1) Except for waivers under §C of this regulation, any action incentives may include certain items and services; specify that the or decision required or permitted to be taken or made by the regulations need not require incentives for certain types of health care Secretary under these regulations may be taken or made by the providers; and to require that the regulations apply to certain entities Secretary or the Secretary‘s designee.] under certain circumstances. [(2)] (1) Upon request of the petitioning group, the [Secretary] Comparison to Federal Standards Commission may extend any time period established by these There is no corresponding federal standard to this proposed action. regulations for processing of the petitioning group‘s petition. [(3)] (2) (text unchanged) Estimate of Economic Impact B. (text unchanged) The proposed action has no economic impact. C. Waiver. The [Secretary] Commission may waive or vary any provisions of these regulations if: Economic Impact on Small Businesses (1) The waiver or variance is not inconsistent with the The proposed action has minimal or no economic impact on small authorizing provisions of State Government Article [41], Title [6] 9.5, businesses. Subtitle [9] 3, Annotated Code of Maryland; Impact on Individuals with Disabilities (2) In the written determination of the [Secretary] Commission, The proposed action has no impact on individuals with disabilities. the application of the regulations in a specific case or in an emergency situation is inequitable or contrary to the purposes of State Opportunity for Public Comment Government Article [41], Title [6] 9.5, Subtitle [9] 3, Annotated Code Comments may be sent to David Sharp, Director, Center for of Maryland; and Health Information Technology, Maryland Health Care Commission, (3) (text unchanged) 4160 Patterson Avenue, Baltimore, Maryland 21215, or call (410) D. No Private Cause of Action. Action or failure to take action by 764-3578, or email to , or fax to (410) 358-1236. Comments will be the Commission or the [Secretary] Governor under State Government accepted through 4:30 p.m., August 30, 2010. A public hearing has Article [41], Title [6] 9.5, Subtitle [9] 3, Annotated Code of not been scheduled. Maryland, or these regulations may not create a private cause of Open Meeting action under the laws of the State. Final action on the proposal will be considered by the Commission E. False Statements. during a public meeting to be held on September 16, 2010 at 1 p.m., (1) In any matter relating to a petition under State Government at 4160 Patterson Avenue, Baltimore, Maryland 21215. Article [41], Title [6] 9.5, Subtitle [9] 3, Annotated Code of Maryland, or these regulations, a person is guilty of a misdemeanor if .01 Scope. that person: A. This chapter applies to the State-regulated payors who provide (a)—(c) (text unchanged) incentive payments to providers that adopt and use electronic health (2) (text unchanged) records. B. Only providers who meet the requirements pursuant to this KEITH COLSTON chapter will receive incentive payments for electronic health record Executive Director adoption. Maryland Commission on Indian Affairs MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1065 .02 Definitions. (vii) The State employee and retiree health and welfare A. In this chapter, the following terms have the meanings benefits program. indicated. (b) ―State regulated payor‖ does not include a managed B. Terms Defined. care organization as defined in Title 15, Subtitle 1, Annotated Code (1) ―Additional incentive‖ means a monetary amount above the of Maryland. base incentive for a practice that meets additional criteria in the use and adoption of electronic health records including adoption of .03 Program Description. electronic health records through a management service A. The EHR adoption incentive is a one-time incentive that can be organization and/or a practice that can demonstrate advanced use of administered through reimbursement for: electronic health records. (1) Specific services; (2) ―Base incentive‖ means a monetary amount that an eligible (2) Lump sum payments; practice can receive as calculated by the number of payor members (3) Gain-sharing arrangements; treated by the practice on a per member basis. (4) Rewards for quality and efficiency; (3) ―Electronic health record (EHR)‖ means an electronic (5) In-kind payments; or record of health-related information on an individual that: (6) Other items or services that can be assigned a specific (a) Includes patient demographic and clinical health monetary value. information; and B. The EHR adoption incentive is available to non-hospital owned (b) Has the capacity to: practices. (i) Provide clinical decision support; C. A payor must provide a written description of the incentive of (ii) Support physician order entry; monetary value and timeframe for distribution to a practice. (iii) Capture and query information relevant to health D. A payor may exclude plan participants from the incentive care quality; and calculation for a practice that was previously included in another (iv) Exchange electronic health information with and practice’s incentive calculation. integrate the information from other sources. E. A practice that has received a payor EHR adoption incentive (4) ―EHR monetary incentive application‖ means an before January 1, 2011 is only eligible to receive the difference application submitted by a practice to a payor that will seek an between the payor’s initial monetary incentive value and the incentive payment for EHR adoption. maximum value of the incentive under this chapter. (5) ―EHR monetary incentive application acknowledgement F. A payor must provide a practice with the total value of any letter‖ means a letter sent by the payor to the practice accepting the EHR adoption incentive they provided prior to January 1, 2011 upon practice’s EHR monetary incentive application. written request by a practice. (6) ―EHR monetary incentive voucher‖ means an application G. Payors have the authority to request additional information sent by the practice to the payor requesting the incentive payment. from a practice to validate their incentive claim and to reduce (7) ―Health information exchange (HIE)‖ means a Statewide payments to a practice where a payor determines that duplicate and infrastructure that provides organizational and technical capabilities /or overpayments have been made. to enable the electronic exchange of health information between H. The MHCC has the authority to audit both the payor and the health care providers and other health services organizations practice for compliance with these regulations and can request authorized by the Commission. corrective action in areas of noncompliance. (8) ―Management service organization (MSO)‖ means an .04 Participation Requirements. organization that offers one or more hosted electronic health record A. To be considered for an EHR adoption incentive, a practice solutions and other management services to health care providers. shall: (9) ―MHCC or Commission‖ means the Maryland Health Care (1) Complete an EHR monetary incentive application; and Commission. (2) Submit the completed application to the appropriate payor (10) ―Non-hospital owned practices‖ means a family, general, or payors. geriatric, internal medicine, pediatric, or gynecologic practice B. The EHR monetary incentive application shall include: designated by the payor for the EHR adoption incentive that is not (1) Practice specific information: owned by a hospital. (a) Name; (11) ―Payor‖ means State-regulated payor. (b) Address; (12) ―Practice‖ means a primary care practice consisting of a (c) Specialty; single physician or group of physicians that provide patient care (d) Organizational national provider identifier number; and services in family, general, geriatric, internal medicine, pediatric, or (e) Tax identification number; gynecologic practice. (2) The total number of members on the practice panel; (13) ―Practice panel‖ means the patients who have been (3) In situations where the payor does not assign a primary assigned to a primary care provider by the payor or the patients care provider, the total number of members treated by the practice in treated by the practice within the last 24 months when the payor does the last 24 months; not assign a primary care provider. (4) The name and version of the nationally certified EHR (14) ―State Designated MSO‖ means an MSO that has received system implemented by the practice; State designation by the MHCC. (5) A description of the EHR functions that have been (15) State Regulated Payor. implemented by the practice; (a) ―State-regulated payor‖ includes: (6) A plan outlining when the practice expects to implement the (i) Aetna, Inc.; available EHR system functionality; and (ii) CareFirst BlueCross BlueShield; (7) A signed attestation regarding the accuracy of the (iii) CIGNA HealthCare Mid-Atlantic; information contained in the application. (iv) Coventry Health Care; C. A practice shall submit an EHR monetary incentive application (v) Kaiser Permanente; 9 months in advance of requesting an EHR adoption incentive. (vi) United Healthcare, Mid Atlantic Region; and D. Payors shall issue an EHR monetary incentive application acknowledgement letter within 90 days of receiving an application. MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1066 E. A practice may request an incentive of monetary value approximately 9 months after receiving an EHR Monetary Incentive .07 Reporting. Payors are required to submit an annual report to the MHCC not Application acknowledgement letter, and not later than 15 months st from the time they are eligible to submit their incentive payment later than March 31 of the following year for calendar years 2011 request. through 2014 that includes the following information: F. A practice shall complete an EHR monetary incentive voucher A. Number of incentive applications received and paid for that and submit it to the appropriate payor to receive an EHR incentive. year; G. A practice shall be required to include in the EHR Monetary B Total value of distributed base incentives for that year; and Incentive Voucher the following: C. Total value of additional incentives for that year. (1) A copy of the EHR monetary incentive application MARILYN MOON acknowledgement letter; Chair (2) A report that includes the identification information of the Maryland Health Care Commission members on the practice panel at the time of the request; and (3) In situations where the payor does not assign members to a practice, a list of the payors’ members treated by the practice within Subtitle 26 BOARD OF the last 24 months. H. A payor may request additional information to validate an ACUPUNCTURE incentive payment request. 10.26.02 General Regulations I Member eligibility used in the incentive calculation is based on enrollment with the payor at the time a practice makes a request for Authority: Health Occupations Article, §§1A-205, 1A-301, 1A-306, 1A-307, the incentive payment. and 1A-316, Annotated Code of Maryland J. Payors shall adjudicate EHR monetary incentive vouchers Notice of Proposed Action within 60 days of receipt. [10-218-P] K. Payors are required to notify practices in writing of the monetary incentive value, how it will be distributed by the practice, The Secretary of Health and Mental Hygiene proposes to amend and over what time period. Regulation .07 under COMAR 10.26.02 General Regulations. This action was considered at a public meeting by the Board of .05 Incentive Components. Acupuncture on March 9, 2010, notice of which was given by A. A practice that meets the requirements for participation shall publication in 37:5 Md. R. 454 (February 26, 2010), pursuant to State receive an incentive of monetary value from the payor based on the Government Article, §10-506(c)(1), Annotated Code of Maryland. payor’s share of members treated by the practice. Incentives are Statement of Purpose calculated on a per member basis. The purpose of this action is to: B. An additional incentive of monetary value is available to a (1) Remove the temporary registration requirement for an practice that adopts EHRs through a State designated MSO. auricular detoxification specialist (ADS); C. A practice that adopts an EHR through a State designated MSO (2) Delete the requirement that first aid be taken as basic is required to submit a copy of the MSO’s State designation training for an ADS; certificate with their EHR monetary incentive voucher. (3) Require that supervisors of ADSs complete an approved D. An additional incentive of monetary valve is available to a ADS supervisor training course; practice for demonstrating advanced use of EHRs during the (4) Delete the requirement that supervisors need to be licensed immediate 90 days prior to submitting an EHR monetary incentive for 2 years; voucher to a payor. The following advanced uses of an EHR shall be (5) Require that supervisors conduct an on-site visits at least considered: once every 2 years; and (1) As defined in Regulation .02B of this chapter; (6) Change the setting in which an ADS can work from a (2) Participates in a payors’ quality improvement outcomes clinical location to a professional setting. initiative, and has achieved the established performance goals; and (3) A signed attestation is required by the practice to Comparison to Federal Standards substantiate advanced use of an EHR system, and that the practice is There is no corresponding federal standard to this proposed action. a participant in the State designated HIE. Estimate of Economic Impact .06 Incentive Payment Calculation by Payor. The proposed action has no economic impact. A. The eligibility time period for a practice to apply for an EHR adoption incentive is January 1, 2011 through December 31, 2014. Economic Impact on Small Businesses B. Payors have the flexibility to disburse incentives over a 12- The proposed action has minimal or no economic impact on small month timeframe. businesses. C. EHR adoption incentives of monetary value are calculated at Impact on Individuals with Disabilities $8 per member and limited to Maryland residents. The proposed action has no impact on individuals with disabilities. D. The EHR adoption incentive has a maximum monetary value of $15,000 per practice per payor (combined base incentive and Opportunity for Public Comment additional incentives). Comments may be sent to Michele Phinney, Director, Office of E. The monetary value of the base incentive shall account for Regulation and Policy Coordination, Department of Health and approximately 50 percent of the combined base incentive and Mental Hygiene, 201 W. Preston Street, Room 512, Baltimore, additional incentives as defined in Regulation .06D of this chapter. Maryland 21201, or call 410-767-6499, or email to F. EHR adoption incentives for hardware or software, or both, [email protected], or fax to 410-767-6483. Comments will be may be declined by a practice in which case a payor is required to accepted through August 30, 2010. A public hearing has not been offer an alternative adoption incentive of equal monetary value. scheduled.

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1067 manner appropriate for and consistent with current and reasonable .07 Auricular Detoxification Specialist. community standards of care; and A. (text unchanged) (3) An on-site visit with the auricular detoxification B. Registration. Before registering with the Board as an auricular specialist occurs at least once every 2 months. detoxification specialist, an applicant shall: [E.] (proposed for repeal) (1) Provide documentation of successful completion of a [F.] E. (text unchanged) training program that: [G.] F. Setting. The clinical substance abuse program or [program] (a) Consists of a minimum 70-hour basic training of which professional setting where an individual performs auricular 40 hours are clinical training which includes the following training detoxification on patients with documented substance abuse concerns and subject matter: shall meet reasonable community standards. (i)—(ix) (text unchanged) [H.] G. (text unchanged) (x) Methods [of appropriately responding to needle shock, needle sickness, aggressive behavior, pregnancy, or other JOHN M. COLMERS crises if they occur] to modify treatment appropriately and to respond Secretary of Health and Mental Hygiene to adverse clinical situations should they occur; (xi) [First aid] Sensitivity, compassion, and respect for clients; and (xii) [Addiction] Understanding of addictions from the Subtitle 35 POST MORTEM perspective of basic concepts of Chinese medicine; [(b) Meets or exceeds the National Acupuncture EXAMINERS COMMISSION Detoxification Association standards;] or 10.35.02 Testing Blood and Breath for Alcohol [(c)] (b) (text unchanged) (2)—(4) (text unchanged) Authority: Health-General Article, §§5-307 and 5-311; Courts and Judicial (5) Work within a Board-approved [clinical] professional Proceedings Article, §§10-304 and 10-306; Annotated Code of Maryland setting; and Notice of Proposed Action (6) Pay the registration fee in COMAR 10.26.01 [; and [10-225-P] (7) Provide a competency form completed by the supervising acupuncturist after a 30-day temporary registration period]. The Secretary of Health and Mental Hygiene proposes to adopt C. The Board may approve a Maryland licensed acupuncturist for new Regulations .01—.09 under a new chapter, COMAR 10.35.02 supervision of an individual registered to perform auricular Testing Blood and Breath for Alcohol. detoxification if the licensee: This action was considered by the Post Mortem Examiners (1) [Has been a licensed acupuncturist for at least 2 years] Commission at a public meeting held on April 13, 2010, notice of Holds a valid license to practice acupuncture in Maryland; which was given by publication in 37:8 Md. R. 659 (April 9, 2010) (2) Has completed a training program in auricular and on the Department of Health and Mental Hygiene‘s Internet Page detoxification as set forth in §B of this regulation; [and] at http://www.dhmh.state.md.us/html/hotissues_notice.htm, pursuant (3) Has completed an auricular detoxification specialist to State Government Article, §10-506(c), Annotated Code of supervisor training course that consists of: Maryland. (a) Maryland law and regulations; Statement of Purpose (b) Management skills, including but not limited to: The purpose of this action is to establish training and certification (i) Appropriate record keeping; of personnel performing tests of breath and blood for the purpose of (ii) Ordering supplies; determining the alcohol content of individuals suspected of driving (iii) Scheduling; and while under the influence of alcohol and for the prior certification of (iv) Daily operation requirements; equipment to conduct such tests. (c) Auricular detoxification methodologies, including but not limited to: Comparison to Federal Standards (i) Point location; There is a corresponding federal standard to this proposed action, (ii) Clean needle technique; and but the proposed action is not more restrictive or stringent. (iii) Environmental hazards; Estimate of Economic Impact (d) Teaching and leadership skills; The proposed action has no economic impact. (e) Patient safety and risk management; (f) Occupational Safety and Health Administration (OSHA) Economic Impact on Small Businesses requirements; The proposed action has minimal or no economic impact on small (g) Health Insurance Portability and Accountability Act businesses. (HIPAA) requirements; Impact on Individuals with Disabilities (h) Auricular detoxification program development; and The proposed action has no impact on individuals with disabilities. (i) Ethics, including but not limited to: (i) Complaint resolution; and Opportunity for Public Comment (ii) Professional boundaries; and Comments may be sent to Michele A. Phinney, Director, Office of [(3)] (4) (text unchanged) Regulation and Policy Coordination, Department of Health and D. Supervisor Responsibilities. A supervisor shall ensure that: Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD (1) [New auricular] Auricular detoxification specialists are 21201, or call 410-767-6499, or email to [email protected], or sufficiently competent in the areas listed in [Regulation .07B(1) of fax to 410-767-6483. Comments will be accepted through August 30, this chapter] §B(1) of this regulation; [ and] 2010. A public hearing has not been scheduled. (2) [Medical] Auricular detoxification treatment records for patients of auricular detoxification specialists are maintained in a .01 Scope. This chapter establishes training and certification criteria of personnel performing tests of breath and blood for the purpose of MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1068 determining the alcohol content of drivers suspected of driving while Products List of Evidential Breath Alcohol Measurement Devices impaired or under the influence of alcohol and approval and published in the Federal Register by the National Highway Traffic certification criteria for equipment used in conducting these tests. Safety Administration of the Department of Transportation. (3) Each PBT device approved for use pursuant to .02 Definitions. Transportation Article, §16-205.2, Annotated Code of Maryland, A. In this chapter, the following terms have the meanings shall be registered with the CTAU supervisor or designee via an indicated. identification number. B. Terms Defined. (4) Calibration Check. (1) ―Agency‖ means any law enforcement agency approved to (a) The calibration of a PBT device shall be checked by a test breath or blood for alcohol content. PBT device operator, trained in accordance with §B(1) of this (2) ―Alcohol‖ means ethyl alcohol (ethanol). regulation, once a month by using an approved alcohol reference (3) ―Alcohol gas standard‖ means a container of compressed solution or alcohol gas standard. gas containing a specific concentration of alcohol. (b) The results of the calibration check shall be within plus (4) ―Alcohol reference solution‖ means a water solution or minus 10 percent inclusive of the alcohol concentration of the containing a specific concentration of alcohol. alcohol reference solution or alcohol gas standard. (5) ―Breath sample‖ means the amount of breath delivered by (c) A PBT device that does not achieve the result specified in the individual being tested that is an adequate volume to be analyzed §A(4)(b) of this regulation shall be withdrawn from use until it has by the breath testing instrument. been recalibrated. (6) ―CTAU‖ means the Chemical Test for Alcohol Unit within B. Training Programs. the Department of Maryland State Police. (1) PBT Device Operator Training Program. (7) ―CTAU supervisor‖ means the individual designated by the (a) The Toxicologist shall approve a PBT device operator Commander or Director of CTAU and approved by the Toxicologist training program. to supervise the CTAU. (b) A preliminary breath test of an individual suspected of (8) ―Preliminary breath testing (PBT) device‖ means a being impaired or driving under the influence of alcohol or drugs portable, roadside screening device approved by the Toxicologist, shall be conducted only by a law enforcement officer who has pursuant to Transportation Article, §16-205.2, Annotated Code of completed and passed this training. Maryland, for use on individuals stopped for suspicion of driving (c) A written exam consisting of at least 25 questions shall while impaired or under the influence of alcohol. be given at the conclusion of the program. (9) ―Qualified medical person‖ means an individual permitted (d) The cumulative passing score shall be 70 percent or by any state to withdraw blood from humans. above. (10) ―Qualified person‖ has the meaning stated in Courts and (e) A roster of students successfully completing the course Judicial Proceedings Article, §10-304, Annotated Code of Maryland. shall be forwarded to the CTAU on completion of the program. (11) ―Representative of the Toxicologist‖ means any employee (2) PBT Device Instructor Training Program. supervised by the Toxicologist or an employee of CTAU designated (a) All PBT device operator classes shall be instructed by by the Toxicologist to act as the authorized representative of the individuals who have successfully completed a PBT device instructor Toxicologist. training program from CTAU. (12) ―Toxicologist‖ means the Chief Toxicologist or State (b) CTAU shall provide instructor training for all agencies. Toxicologist in the Office of the Chief Medical Examiner under the (c) An agency desiring training shall request this training Post Mortem Examiners Commission. from the Superintendent of the Department of Maryland State Police. (13) ―Validation test‖ means a test of specific alcohol (d) The PBT device instructor training program shall: concentration used to verify the calibration of a breath testing (i) Include at least 16 hours of instruction; and instrument. (ii) Be approved by the Toxicologist. .03 Alcohol Tests — General. (3) CTAU shall issue a certificate after the successful A. Alcohol Concentration of Breath. The alcohol concentration of completion of either program outlined in §B(1) or (2) of this breath shall be reported as grams of alcohol per 210 liters of breath regulation. (g/210L). .05 Evidentiary Tests of Breath for Alcohol: Testing Agencies and B. Alcohol Concentration of Blood. The alcohol concentration of Training Programs. blood shall be reported as grams of alcohol per 100 milliliters of A. Testing Agencies. blood (g/100 mL). (1) An agency desiring approval to conduct evidentiary breath C. Uncertainty. tests shall make a written request to the Toxicologist. (1) For breath tests for alcohol content, the accepted scientific (2) An agency requesting approval to conduct breath tests uncertainty in measurement is plus or minus 0.005 g/210L or 10 shall: percent of the average of measurements, whichever is greater. (a) Offer 24-hour law enforcement service; (2) For blood tests for alcohol content, the accepted scientific (b) Provide an environmentally controlled area and a phone uncertainty in measurement is plus or minus 0.005 g/100 mL or 10 line exclusively for the breath testing instrument; percent of the average of measurements, whichever is greater. (c) Provide expendable supplies needed for personnel to .04 Preliminary Tests of Breath for Alcohol. operate the equipment; and A. PBT Devices. (d) Have a minimum of 20 full-time sworn law enforcement (1) The Toxicologist shall: officers. (a) Approve the make and model of PBT devices used in the (3) An agency shall have a breath test supervisor who shall State; and administer and coordinate all alcohol testing related activities with (b) Maintain a list of approved make and model PBT CTAU and the Toxicologist. devices. (4) The breath test supervisor shall be a breath test operator. (2) At the time of approval by the Toxicologist, the make and (5) An agency’s approval to conduct breath testing may be model PBT device shall be on the most recently updated Conforming withdrawn by the Toxicologist or his representative based on: MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1069 (a) A substantial failure to comply with this chapter; or (b) CTAU shall issue an initial certificate after the (b) Inadequate State resources. successful completion of a basic breath test operator course as B. Training Programs. described in Regulation .05B(1) of this chapter. (1) Basic Breath Test Operator Certification Course. (c) An initial certification shall be valid for a period of 15 (a) All basic breath test operator courses shall be: months. (i) Approved by the Toxicologist; and (2) Renewal of Certification. (ii) Directed by approved breath test instructors. (a) Before expiration of the initial certification or each (b) The course shall include a minimum of 35 hours of subsequent renewal certification period, a breath test operator shall: lecture or laboratory instruction covering: (i) Exhibit competence in the performance of all duties as (i) A study of the mathematics of the metric system; a breath test operator as described in Regulation .07A(1) of this (ii) A study of the properties, human physiology, and chapter; and pharmacology of alcohol; (ii) Successfully complete a breath test operator (iii) A study of the theory, operating principles, and certification renewal course as outlined in Regulation .05B(2) of this maintenance requirements of the breath test instruments; and chapter. (iv) A review of relevant Maryland statutes, regulations, (b) CTAU shall issue a renewal certificate after the breath and cases affecting enforcement and testing of an individual test operator complies with §A(2)(a) of this regulation. suspected of driving while impaired or under the influence of alcohol. (c) A renewal certificate shall extend certification for an (c) A written examination consisting of at least 50 questions additional period of 13 months. shall be given at the conclusion of the course. (3) Reinstatement of Expired Certification. (d) The cumulative passing score on the written examination (a) If the breath test operator’s certification expires and not shall be 90 percent or above. more than 90 days has elapsed since the time of expiration, the (e) The individual shall demonstrate to the instructor CTAU supervisor may reinstate the operator. satisfactory ability to use the instrument. (b) If more than 90 days, but less than 3 years has elapsed, (2) Breath Test Operator Certification Renewal Course. the CTAU supervisor: (a) A breath test operator certification renewal course shall (i) Shall confer with the Toxicologist or his be: representative about reinstatement; and (i) Approved by the Toxicologist; and (ii) May require a demonstration of proficiency before (ii) Directed by approved breath test instructors. reinstatement of the expired certification. (b) The course shall be comprised of a minimum of 6 hours (c) A breath test operator who applies for reinstatement of instruction, including a review of: more than 3 years following expiration of certification shall complete (i) Breath testing theory; the basic breath test operator course as provided in Regulation (ii) Method and procedures; and .05B(1) of this chapter to be requalified. (iii) Current and contemporary issues. (4) Suspension and Revocation of Certification. (c) A written examination consisting of at least 25 questions (a) An individual who fails a breath test operator shall be given at the conclusion of the course. certification renewal course shall be immediately suspended by the (d) The passing score on the written examination shall be 80 CTAU as a breath test operator. percent or above. (b) The CTAU supervisor may issue a renewal certificate to (3) Breath Test Maintenance Technician Course. an individual if the breath test operator certification renewal course (a) The breath test maintenance technician course shall be is successfully completed within 120 days of the initial failure. approved by the Toxicologist. (c) The CTAU supervisor may suspend or revoke a (b) This course shall include a minimum of 70 hours of certificate of a breath test operator if, in the supervisor’s judgment, training, covering: the individual’s performance is unsatisfactory. (i) A review of breath testing theory, methods, and (d) If the individual’s certificate is revoked, the individual developments; shall return all certificates and manuals to the CTAU supervisor. (ii) Operation, takedown, and maintenance of B. Breath Test Maintenance Technician. instruments; (1) To become a breath test maintenance technician, an (iii) Gas cylinder replacement; and individual shall: (iv) Simulator takedown, maintenance, and solution (a) Be an employee of CTAU; changing. (b) Have successfully completed an approved operator and (c) A written or oral exam shall be administered by the maintenance course for breath testing instrumentation as describe in Toxicologist or his representative before certification. Regulation .05B(3) of this chapter; and (4) CTAU shall issue a certificate after the successful (c) Demonstrate proficiency in the use of breath testing completion of any course outlined in §B(1)—(3) of this regulation. instrumentation to: (i) The CTAU supervisor; or .06 Evidentiary Tests of Breath for Alcohol: Personnel — Training. (ii) An approved instructor. A. Breath Test Operator. (2) CTAU shall issue a certificate if: (1) Initial Certification as a Qualified Person. (a) The individual complies with §B(1) of this regulation; (a) To become a qualified breath test operator, a qualified and person shall be: (b) The Toxicologist approves of the issuance of the (i) A full-time law enforcement officer of an agency certificate. approved to conduct breath tests; (3) Certification of a breath test maintenance technician may (ii) A full-time laboratory technician of an agency be suspended or revoked for the following reasons: approved to conduct breath tests; (a) Failure to properly maintain breath testing instruments; (iii) An employee of the Toxicologist; or or (iv) Any individual designated by the Toxicologist. (b) Failure to adhere to this chapter. C. Breath Test Instructor. MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1070 (1) To become a breath test instructor, an individual shall: (3) On at least an annual basis, the Toxicologist or his (a) Successfully complete the training programs described representative shall recertify approval of each instrument. in Regulation .05B of this chapter; (4) Following successful testing, an instrument that is repaired (b) Have prior experience in training law enforcement by a certified breath test maintenance technician may be returned to officers; service without the recertification of approval by the Toxicologist. (c) Assist in at least one basic breath test operator course as C. Inspection. Approved equipment and related records shall be referenced in Regulation .05B(1) of this chapter; and available for inspection by the Toxicologist or representative at all (d) Be approved by the Toxicologist. times. (2) A breath test instructor may perform any instrument D. Validation Tests. maintenance and repair as needed. (1) The Toxicologist shall approve the alcohol reference solution or alcohol gas standard to be used as validation tests. .07 Evidentiary Tests of Breath for Alcohol: Personnel — Duties. (2) Validation tests shall be performed contemporaneously with A. Breath Test Operator. each evidentiary breath test using an approved alcohol reference (1) A breath test operator shall: solution or alcohol gas standard. (a) Perform breath tests for alcohol in accordance with E. Initial Certification of Instrument Approval. training; (1) Precision and Accuracy Testing. (b) Perform at least one test per month, either a subject or (a) Vapor containing 0.020 g/210L, 0.040 g/210L, 0.080 simulation test; g/210L, and 0.160 g/210L ethanol concentrations shall be introduced (c) Notify CTAU of the following: through the breath tube of the instrument. (i) Test results that deviate greater than plus or minus 10 (b) Each concentration shall be repeated 4 times. percent of the stated concentration for any validation test; or (c) As an indication of precision, the combined average (ii) Mechanical problems with the breath testing standard deviation shall be not greater than 0.0042 g/210L. instrument; and (d) As an indication of accuracy, systematic variations at (d) Complete all required reports. each ethanol concentration will be calculated and shall be not more (2) A breath test operator who fails to perform at least one test than 5 percent or 0.005 g/210L, whichever is greater. per month as required in §A(1)(b) of this regulation shall provide a (e) An instruments not meeting the precision and accuracy reason for this failure to the CTAU supervisor. requirements may not be approved. (3) If a breath test operator will be on extended leave from the (2) Acetone Detection Testing. agency, the CTAU supervisor shall be notified by the breath test (a) Vapor containing 0.020 g/210L ethanol and 100 operator or the agency breath test supervisor. microliters of acetone per 500 mL solution shall be introduced B. Breath Test Maintenance Technician. A breath test through the breath tube of the instrument. maintenance technician shall: (b) Each concentration shall be repeated 4 times. (1) Set up all instruments in the field; (c) The instrument shall read between 0.015 and 0.025 (2) Conduct an inspection of the assigned breath testing g/210L. instruments at least once a month; (d) An instrument not meeting the requirement for acetone (3) Conduct all scheduled maintenance procedures; detection may not be approved. (4) Change the alcohol gas cylinder or alcohol reference (3) Blank Testing. solution as needed; (a) Four samples of vapor containing no ethanol or other (5) Test each instrument with approved alcohol gas standard or solvents shall be introduced through the breath tube of the alcohol reference solution at least once a month; instrument. (6) Remove an instrument from service if the result of the test in (b) No reading shall exceed 0.005 g/210L vapor. §B(5) of this regulation is not plus or minus 10 percent of the stated (c) An instrument not meeting the blank detection concentration; requirement may not be approved. (7) Repair the instrument as needed; and (4) If conditions outlined in §E(1)—(3) are met: (8) Complete all required reports. (a) The instrument shall be approved; and .08 Evidentiary Tests of Breath for Alcohol: Instruments and (b) The Toxicologist shall issue a letter certifying instrument Testing Procedures. approval. A. Breath Testing Instruments. F. Periodic Recertification of Approval. (1) The Toxicologist shall approve all instruments to be used in (1) Instrument approval shall be recertified at least annually. the State for the purpose of testing breath for alcohol content (2) The Toxicologist shall issue a letter recertifying instrument pursuant to Courts and Judicial Proceedings Article, §§10-302 and approval. 10-304, Annotated Code of Maryland. G. Evidentiary Breath Test Method. (2) An agency shall only use an instrument that has been (1) For at least 20 minutes before a breath sample is taken, an approved by the Toxicologist. individual may not: (3) An individual may receive a copy of the list of the (a) Eat or drink; manufacturers and models of currently approved instruments from (b) Have any foreign substance in the individual’s mouth or the Office of the Chief Medical Examiner at no charge. respiratory tract; or B. Certification of Approval of Instruments. (c) Smoke. (1) The Toxicologist shall certify approval of each instrument (2) The individual shall be observed and mouth checked. before it is used in the State. (3) Observation of the individual shall be performed by: (2) At the time of approval by the Toxicologist, the instrument (a) A breath test operator; shall be on the most recently updated Conforming Products List of (b) Other uniformed or civilian law enforcement personnel; Evidential Breath Alcohol Measurement Devices published in the or Federal Register by the National Highway Traffic Safety (c) Any combination of a breath test operator and uniformed Administration of the Department of Transportation. or civilian law enforcement personnel.

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1071 (4) The testing procedure shall begin with a blank test to (a) The Toxicologist shall certify an analyst performing tests ensure that no alcohol is present in the breath path of the breath of blood for alcohol content as a qualified person. testing instrument. (b) The Toxicologist shall: (5) A validation test shall be run before the individual begins (i) Review the credentials of the analyst; the testing process. (ii) Direct a program of training as necessary; and (6) If the breath testing instrument fails to obtain a reading (iii) Set standards for maintenance of proficiency. plus or minus 10 percent of the stated alcohol concentration on the (c) The Toxicologist shall recertify the analyst on a regular validation test, then the subject test shall be discontinued. basis. (7) The individual shall be instructed to take a breath and then (d) A certified analyst shall perform at least one batch of deliver a breath sample into the instrument by blowing into the subject specimens or proficiency specimens annually. mouthpiece and breath tube until instructed to stop. C. Procedures for Administering an Evidentiary Test of Blood for (8) After each subject breath sample, a blank check shall be Alcohol. performed to ensure that no alcohol is present in the breath path. (1) The blood specimen shall be withdrawn by qualified (9) Two breath samples shall be collected and analyzed by the medical personnel. breath testing instrument. (2) Blood sampling equipment shall be approved by the (10) A third breath sample shall be collected only if the Toxicologist. absolute difference between the results of the first and second (3) The arresting officer or another law enforcement officer samples exceeds 0.020 g/210L. may witness the withdrawal of the blood. (11) A validation test of known alcohol concentration shall be (4) The law enforcement officer shall: run after the individual has given the required number of breath (a) Fill out all forms contained in the approved blood samples. sampling equipment kit; and (12) If the instrument fails to obtain a reading plus or minus 10 (b) Be certain all seals are signed and properly affixed. percent of the stated concentration on the validation test, then the (5) The sample shall be delivered by messenger or mail to the subject test is invalid. Department of Maryland State Police in containers provided with the (13) The lower of the two or lowest of the three results of the sampling equipment. subject test shall be truncated to the second decimal place and reported as the result of the breath test. JOHN M. COLMERS Secretary of Health and Mental Hygiene .09 Evidentiary Tests of Blood for Alcohol. A. Laboratories and Procedures for Analysis. (1) Laboratories. Subtitle 37 HEALTH SERVICES COST (a) The Department of Maryland State Police Forensic REVIEW COMMISSION Sciences Division is an approved laboratory to conduct tests of blood for alcohol. 10.37.10 Rate Application and Approval (b) Approval by the Toxicologist of any other laboratory is Procedures required before it may perform any test of blood for alcohol in accordance with of the Courts and Judicial Proceedings Article, §10- Authority: Health-General Article, §§19-207, 19-214.1, and 19-214.2, 304, Annotated Code of Maryland. Annotated Code of Maryland (c) An individual may receive a copy of the list of currently Notice of Proposed Action approved laboratories from the Office of the Chief Medical Examiner at [10-232-P] no charge. (2) Equipment and Procedures for Analysis. The Health Services Cost Review Commission proposes to amend (a) The Toxicologist shall approve all equipment and Regulation .26 under COMAR 10.37.10 Rate Application and analytical procedures for the testing of blood for alcohol. Approval Procedures. This action was considered and approved for (b) Approved equipment shall be calibrated with alcohol promulgation by the Commission at a previously announced open calibration solution or solutions provided by or otherwise approved meeting held on June 9, 2010, notice of which was given pursuant to by the Toxicologist. State Government Article, §10-506(c), Annotated Code of Maryland. (c) The calibration shall be checked using an alcohol If adopted, the proposed amendments will become effective on or control solution: about October 4, 2010. (i) Provided by or otherwise approved by the Statement of Purpose Toxicologist; and The purpose of this action is to alter the requirements for hospital (ii) Analyzed adjacent to each evidentiary test of blood. financial assistance and debt collection policies and to make the (d) Alcohol control solution test results may not deviate requirements applicable to chronic care hospitals that are subject to greater than plus or minus 0.010 g/100 mL from its stated HSCRC rate-setting. These proposed amendments conform to concentration. recently enacted legislation (Chs. 60 and 61, Acts of 2010) and to (e) The laboratory shall perform evidentiary tests of blood Commission-approved recommendations for providing incentives to for alcohol in duplicate and the duplicate results may not deviate hospitals to provide free and reduced-cost care and certain greater than plus or minus 0.010 g/100 mL. protections to patients without means to pay their hospital bills. (f) For subject tests, the lower of the duplicate results shall be truncated to the second decimal place and reported as the result of Comparison to Federal Standards the blood test. There is no corresponding federal standard to this proposed action. B. Personnel. Estimate of Economic Impact (1) Qualified Medical Personnel. Any qualified medical person I. Summary of Economic Impact. Implementation of the action is approved to withdraw blood for the testing of blood for alcohol proposed will expand the provision of hospital care to patients, content. protect their rights, and identify their obligations with regard to (2) Analyst. reduced-cost, medically necessary care due to a financial hardship. MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1072 .26 [Differentials] Patient Rights and Obligations; Hospital Credit Revenue (R+/R-) and Collection and Financial Assistance Policies. II. Types of Economic Expenditure A. Hospital Information Sheet. Impact. (E+/E-) Magnitude (1) Each hospital shall develop an information sheet that: (a) — (b) (text unchanged)

(c) Provides contact information for the individual or office at the hospital that is available to assist the patient, the patient‘s A. On issuing agency: NONE family, or the patient‘s authorized representative in order to understand: B. On other State agencies: NONE (i) (text unchanged) C. On local governments: NONE (ii) The patient‘s rights and obligations with regard to the hospital bill[;], including the patient’s rights and obligations with Benefit (+) regard to reduced-cost, medically necessary care due to a financial Cost (-) Magnitude hardship; (iii) — (iv) (text unchanged) (d) — (e) (text unchanged) (2) — (4) (text unchanged) D. On regulated industries or A-1. Hospital Credit and Collection Policies. trade groups: (+/-) Minimal (1) (text unchanged) (2) The policy shall: E. On other industries or [(a) Provide for active oversight by the hospital of any trade groups: (-) Minimal contract for collection of debts on behalf of the hospital; F. Direct and indirect effects (b) Prohibit the hospital from selling any debt;] on public: (+) Substantial [(c)] (a) — [(d)] (b) (text unchanged) III. Assumptions. (Identified by Impact Letter and Number from [(e)] (c) Describe the hospital‘s procedures for collecting Section II.) any debt; [and] [(f)] (d) Describe the circumstances in which the hospital D. Assumptions are based on the recognition that hospitals will be will seek a judgment against a patient [.]; required to provide free or reduced-cost care to a greater range of (e) Provide for a refund of amounts collected from a patient patients; hospitals also will now be compelled to handle patient bills or the guarantor of a patient who was later found to be eligible for differently and in a way most favorable to patients. However, the rate free care on the date of service, in accordance §A-1(3) of this setting system does allow for a hospital‘s reasonable provision of regulation; uncompensated care to be included in hospital rates. (f) If the hospital, has obtained a judgment against or E. Assumptions are based on the recognition that payers ultimately reported adverse information to a consumer reporting agency about pay for the expansion of uncompensated care. However, because this a patient who later was found to be eligible for free care on the date expansion is largely a shift from bad debt to charity care, any added of the service for which the judgment was awarded or the adverse payments for payers will be minimal. information was reported, require the hospital to seek to vacated the F. Assumptions are based on the proposed action‘s intention of judgment or strike the adverse information; protecting a patient‘s rights vis-à-vis hospital credit and collection (g) Provide a mechanism for a patient to file with the policies; identifying a patient‘s obligations with regard to reduced- hospital a complaint against the hospital or an outside collection cost, medically necessary care due to financial hardship; allowing a agency used by the hospital regarding the handling of the patient’s patient to obtain a written estimate of total charges; protecting the bill; patient from a hospital‘s attempt to force the sale or foreclosure of a (h) Provide detailed procedures for the following actions: patient‘s primary residence to collect an outstanding debt; providing (i) When a patient debt may be reported to a credit for a refund of amounts collected from a patient later found to have reporting agency; been eligible for free care; providing some protection to a patient regarding the handling of the patient‘s bill; requiring an outside (ii) When legal action may commence regarding a patient collection agency contracted for by a hospital to abide by the debt; hospital‘s credit and collection policy; providing for a maximum (iii) When garnishments may be applied to a patient’s or patient payment for reduced-cost care; and providing a mechanism in patient guarantor’s income; and the hospital‘s credit and collection policy for a patient to file a (iv) When a lien on a patient’s or patient guarantor’s complaint regarding how the patient‘s bill has been handled. personal residence or motor vehicle may be placed. (3) Beginning October 1, 2010, as provided by Health-General Economic Impact on Small Businesses Article, §19-214.2(c): The proposed action has minimal or no economic impact on small (a) A hospital shall provide for a refund of amounts businesses. exceeding $25 collected from a patient or the guarantor of a patient who, within a 2-year period after the date of service, was found to be Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities. eligible for free care on the date of service; (b) A hospital may reduce the 2-year period under §A- Opportunity for Public Comment 1(3)(a) of this regulation to no less than 30 days after the date the Comments may be sent to Diana Kemp, Regulations Coordinator, hospital requests information from a patient, or the guarantor of a Health Services Cost Review Commission, 4160 Patterson Avenue, patient, to determine the patient’s eligibility for free care at the time Baltimore, MD 21215, or call 410-764-2576, or email to of service, if the hospital documents the lack of cooperation of the [email protected], or fax to 410-358-6217. Comments will patient or the guarantor of a patient in providing the required be accepted through August 30, 2010. A hearing may be held at the information; and discretion of the Commission. MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1073 (c) If a patient is enrolled in a means-tested government (iii) A maximum patient payment for reduced-cost care health care plan that requires the patient to pay out-of-pocket for not to exceed the charges minus the hospital mark-up; hospital service, a hospital shall have a refund policy that complies (iv) A payment plan available to uninsured patients with with the terms of the patient’s plan. family income between 200 and 500 percent of the federal poverty (4) For at least 120 days after issuing an initial patient bill, a level who request assistance; and hospital may not report adverse information about a patient to a (v) A mechanism for a patient to request the hospital to consumer reporting agency or commence civil action against a reconsider the denial of free or reduced care. patient for nonpayment unless the hospital documents the lack of (b) A hospital whose financial assistance policy as of May 8, cooperation of the patient or the guarantor of the patient in providing 2009, provides for free or reduced-cost medical care to a patient at information needed to determine the patient’s obligation with regard an income threshold higher than those set forth above may not to the hospital bill. reduce that income threshold. (5) A hospital shall report the fulfillment of a patient’s payment (c) Presumptive Eligibility for Free Care. Unless otherwise obligation within 60 days after the obligation is fulfilled to any eligible for Medicaid or CHIP, patients who are consumer reporting agency to which the hospital had reported beneficiaries/recipients of the following means-tested social services adverse information about the patient. programs are deemed eligible for free care, provided that the patient (6) A hospital may not force the sale or foreclosure of a submits proof of enrollment within 30 days unless the patient or the patient’s primary residence to collect a debt owed on a hospital bill. patient’s representative requests an additional 30 days: If a hospital holds a lien on a patient’s primary residence, the (i) Households with children in the free or reduced lunch hospital may maintain its position as a secured creditor with respect program; to other creditors to whom the patient may owe a debt. (ii) Supplemental Nutritional Assistance Program (7) If a hospital delegates collection activity to an outside (SNAP); collection agency, the hospital shall: (iii) Low-income-household energy assistance program; (a) Specify the collection activity to be performed by the (iv) Primary Adult Care Program (PAC), until such time outside collection agency through an explicit authorization or as inpatient benefits are added to the PAC benefit package; or contract; (v) Women, Infants and Children (WIC). (b) Specify procedures the outside collection agency must (d) A hospital that believes that an increase to the income follow if a patient appears to qualify for financial assistance; and thresholds as set forth above may result in undue financial hardship (c) Require the outside collection agency to: to it may file a written request with the Commission that it be (i) In accordance with the hospital’s policy, provide a exempted from the increased threshold. In evaluating the hospital’s mechanism for a patient to file with the hospital a complaint against request for exemption, the Commission shall consider the hospital’s: the hospital or the outside collection agency regarding the handing of (i) Patient mix; patient’s bill; and (ii) Financial condition; (ii) If a patient files a complaint with the collection (iii) Level of bad debt experienced; agency, forward the complaint to the hospital. (iv) Amount of charity care provided; and (8) The Board of Directors of each hospital shall review and (v) Other relevant factors. approve the financial assistance and debt collection policies of the (e) Based on staff’s evaluation of the written request for an hospital every 2 years. A hospital may not alter its financial exemption, the Executive Director shall respond in writing within a assistance or debt collection policies without approval by the Board reasonable period of time approving or disapproving the hospital’s of Directors. exemption request. [(3)] (9) (text unchanged) (f) A hospital denied an exemption request shall be afforded A-2. Hospital Financial Assistance Responsibilities. an opportunity to address the Commission at a public meeting on its (1) Definitions. request. Based on arguments made at the public meeting, the (a) In this regulation, the following terms have the meanings Commission may approve, disapprove, or modify the Executive indicated. Director’s decision on the exemption request. (b) Terms Defined. (3) Financial Hardship Policy. (i) ―Financial hardship‖ means medical debt, incurred (a) Subject to §A-2(3)(b) and (c) of this regulation, the by a family over a 12-month period that exceeds 25 percent of family financial assistance policy required under this regulation shall income. provide reduced-cost, medically necessary care to patients with (ii) ―Medical debt‖ means out-of-pocket expenses, family income below 500 percent of the federal poverty level who excluding copayments, coinsurance, and deductibles, for medical have a financial hardship. costs billed by a hospital. (b) A hospital may seek and the Commission may approve a (2) Financial Assistance Policy. family income threshold that is different than the family income (a) On or before June 1, 2009, each hospital and on or threshold under §A-2(C)(1) of this regulation. before October 1, 2010, each chronic care hospital under the (c) In evaluating a hospital’s request to establish a different jurisdiction of the Commission shall develop a written financial family income threshold, the Commission shall take into account: assistance policy for providing free and reduced-cost care to low- (i) The median family income in the hospital’s service income patients who lack health care coverage or to patients whose area; health insurance does not pay the full cost of the hospital bill. The (ii) The patient mix of the hospital; financial assistance policy shall provide, at a minimum: (iii) The financial condition of the hospital; (i) Free medically necessary care to patients with family (iv) The level of bad debt experienced by the hospital; income at or below 200 percent of the federal poverty level; (v) The amount of the charity care provided by the (ii) Reduced-cost, medically necessary care to low- hospital; and income patients with family income between 200 and 300 percent of (vi) Other relevant factors. the federal poverty level, in accordance with the mission and service (d) If a patient has received reduced-cost, medically area of the hospital; necessary care due to a financial hardship, the patient or any immediate family member of the patient living in the same household: MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1074 (i) Shall remain eligible for reduced-cost, medically (d) Based on staff‘s evaluation of the written request for an necessary care when seeking subsequent care at the same hospital exemption, the Executive Director shall respond in writing within a during the 12-month period beginning on the date on which the reasonable period of time approving or disapproving the hospital‘s reduced-cost, medically necessary care was initially received; and exemption request. (ii) To avoid an unnecessary duplication of the hospital’s (e) A hospital denied an exemption shall be afforded an determination of eligibility for free and reduced-cost care, shall opportunity to address the Commission at a public meeting on its inform the hospital of the patient’s or family member’s eligibility for request. Based on arguments made at the public meeting, the the reduced-cost, medically necessary care. Commission may approve, disapprove, or modify the Executive (4) If a patient is eligible for reduced-cost medical care under a Director‘s decision on the exemption request. hospital’s financial assistance policy or financial hardship policy, the (f) A notice shall be posted in conspicuous places hospital shall apply the reduction in charges that is most favorable to throughout the hospital, including the billing office, describing the the patient. financial assistance policy and how to apply for free and reduced-cost (5) A notice shall be posted in conspicuous places throughout care. the hospital including the billing office informing patients of their (g) Each hospital shall use a Uniform Financial Assistance right to apply for financial assistance and who to contact at the Application in the manner prescribed by the Commission in order to hospital for additional information. determine eligibility for free and reduced-cost care. (6) Each hospital shall use a Uniform Financial Assistance (h) Each hospital shall establish a mechanism to provide the Application in the manner prescribed by the Commission in order to Uniform Financial Assistance Application to patients who do not determine eligibility for free and reduced-cost care. indicate public or private health care coverage.] (7) Each hospital shall establish a mechanism to provide the (5) Hospital Written Estimate. Uniform Financial Assistance Application to patients who do not (a) On request of a patient made before or during indicate public or private health care coverage. A hospital may treatment, a hospital shall provide to the patient a written estimate of require from patients or their guardians only those documents the total charges for the hospital services, procedures, and supplies required to validate the information provided on the application. that reasonably are expected to be provided and billed to the patient (8) Asset Test Requirements. A hospital may, in its discretion, by the hospital. consider household monetary assets in determining eligibility for (b) The written estimate shall state clearly that it is only an financial assistance in addition to the income-based criteria, or it estimate and actual charges could vary. may choose to use only income-based criteria. If a hospital chooses (c) A hospital may restrict the availability of a written to utilize an asset test, the following types of monetary assets, which estimate to normal business office hours. are those assets that are convertible to cash, shall be excluded: (d) The provisions set forth in §B(5)(a) — (c) of this (a) At a minimum, the first $10,000 of monetary assets; regulation do not apply to emergency services. (b) A ―safe harbor‖ equity of $150,000 in a primary C. (text unchanged) residence; and (c) Retirement assets to which the Internal Revenue Service DONALD A. YOUNG, M.D. has granted preferential tax treatment as a retirement account, Chairman including, but not limited to, deferred-compensation plans qualified Health Services Cost Review Commission under the Internal Revenue Code or nonqualified deferred- compensation plans. Subtitle 38 BOARD OF PHYSICAL B. Working Capital Differentials—Payment of Charges. (1) — (4) (text unchanged) THERAPY EXAMINERS [(5) Hospital Financial Assistance Responsibilities. (a) On or before June 1, 2009, each hospital shall develop a 10.38.05 Rules of Procedure for Board Hearings written financial assistance policy for providing free and reduced-cost Authority: Health Occupations Article, §§13-206 and 13-317; State care to low-income patients who lack health care coverage. The Government Article, §§10-205 and 10-206; Annotated Code of Maryland financial assistance policy shall provide, at a minimum: (i) Free medically necessary care to patients with family Notice of Proposed Action income at or below 200 percent of the federal poverty level; and [10-226-P] (ii) Reduced-cost, medically necessary care to low- The Secretary of Health and Mental Hygiene proposes to repeal income patients with family income between 200 and 300 percent of Regulations .01—.08 and adopt new Regulations .01—.16 under the federal poverty level, in accordance with the mission and service COMAR 10.38.05 Rules of Procedures for Board Hearings. area of the hospital. Statement of Purpose (b) A hospital whose current financial assistance policy, that The purpose of this action is to clarify the rules of procedure for is, as of May 8, 2009, provides for free or reduced-cost medical care Board hearings so that licensees are fully apprised of the procedures to patients at an income threshold higher than that set forth in when they are disciplined. §B(5)(a) of this regulation may not reduce that income threshold. (c) A hospital that believes that an increase to the income Comparison to Federal Standards thresholds as set forth in §B(5)(a) of this regulation may result in There is no corresponding federal standard to this proposed action. undue financial hardship to it may file a written request with the Commission that it be exempted from the increased threshold. In Estimate of Economic Impact evaluating the hospital‘s request for exemption, the Commission shall The proposed action has no economic impact. consider the hospital‘s: Economic Impact on Small Businesses (i) Patient mix; The proposed action has minimal or no economic impact on small (ii) Financial condition; businesses. (iii) Level of bad debt experienced; (iv) Amount of charity care provided; and Impact on Individuals with Disabilities (v) Other relevant factors. The proposed action has no impact on individuals with disabilities. MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1075 Opportunity for Public Comment (12) ―Formal disciplinary action‖ means action taken by the Comments may be sent to Michele Phinney, Director, Department Board that: of Health and Mental Hygiene, 210 W. Preston Street, Room 512, (a) Is initiated by charges or a notice of initial denial; Baltimore, Maryland 21201, or call 410-767-6499, or email to (b) Is resolved by a consent order; [email protected], or fax to 410-767-6483. Comments will be (c) Results in a summary suspension; or accepted through August 30, 2010. A public hearing has not been (d) Results in a letter of surrender. scheduled. (13) ―Hearing committee‖ means a committee of three members of the Board which conducts hearings. .01 Scope. (14) ―Informal action‖ means that the Board closes a case, This chapter governs procedures for disciplinary matters and without any formal disciplinary action or without issuing a final hearings before the State Board of Physical Therapy Examiners. order, by sending the licensee a: .02 Definitions (a) Letter of education; or A. In this chapter, the following terms have the meanings (b) Letter of admonishment. indicated. (15) Letter of Admonishment. B. Terms Defined. (a) ―Letter of admonishment‖ means an informal action (1) ―Administrative law judge‖ means the hearing officer taken by the Board consisting of a nonpublic letter closing the case assigned to preside over a hearing in a case which the Board has when the Board believes a licensee has engaged in conduct which delegated to the Office of Administrative Hearings pursuant to State violated the Maryland Physical Therapy Act. Government Article, §10-205, Annotated Code of Maryland. (b) ―Letter of admonishment‖ may include a letter of (2) ―Administrative Procedure Act‖ means State Government agreement in which a licensee agrees to satisfy certain conditions in Article, Title 10, Subtitle 2, Annotated Code of Maryland, which lieu of the Board issuing charges. governs contested cases arising from charges issued by the Board. (16) Letter of Education. (3) ―Board‖ means the State Board of Physical Therapy. (a) ―Letter of education‖ means an informal action taken by (4) ―Case resolution conference‖ means a voluntary, informal, the Board consisting of a nonpublic letter in which the Board: and confidential meeting between the parties to a contested case and (i) Closes the case when the Board does not believe that the Board’s case resolution conference committee to discuss possible the licensee’s conduct rose to the level of a violation of the Maryland settlement of a disciplinary matter pending before the Board. Physical Therapy Act; and (5) ―Case resolution conference committee‖ means a (ii) Educates the licensee regarding the laws and committee comprised of one or more members of the Board who standards of the practice of physical therapy. make recommendations to the Board regarding settlement of (b) ―Letter of education‖ may include a letter of agreement disciplinary matters. in which a licensee agrees to satisfy certain conditions. (6) ―Cease and desist order‖ means a public letter issued by (17) ―Letter of surrender‖ means a public record accepted by the Board ordering: the Board in which the licensee agrees to surrender the licensee’s (a) A licensee to cease doing a specified activity; or license, which may include conditions for the Board’s acceptance of (b) An unlicensed person to cease the unauthorized practice the surrender as a resolution of the case. of physical therapy. (18) ―Licensee‖ means the holder of a license issued by the (7) ―Charges‖ means a nonpublic record issued by the Board Board of Physical Therapy Examiners. which: (19) ―Maryland Physical Therapy Act‖ means Health (a) Alleges conduct by a licensee which the Board believes Occupations Article, Title 13, Annotated Code of Maryland. constitutes a violation under the Maryland Physical Therapy Act; (20) ―Notice of initial denial‖ means a nonpublic record issued (b) Sets forth sections of the Maryland Physical Therapy Act by the Board by which an applicant or licensee is notified that the that the Board believes were violated; and Board intends to deny a license, change a licensure status, or change (c) Provides notice to the licensee of disciplinary some other benefit sought by the licensee. proceedings before the Board. (21) ―Party‖ means: (8) ―Complaint‖ means an allegation: (a) The respondent or any person named or admitted as a (a) That a licensee may have violated the Maryland Physical party, or properly seeking and entitled as a right to be a party in a Therapy Act; and formal disciplinary proceeding; or (b) Which may be grounds for an investigation or (b) The administrative prosecutor from the Office of the disciplinary action by the Board. Attorney General presenting a case on behalf of the Board. (9) ―Consent order‖ means a final order issued by the Board (22) ―Post-deprivation hearing‖ means a show cause or an that has been negotiated and agreed to by both the licensee and the evidentiary hearing scheduled by the Board after the Board has Board to resolve a formal disciplinary action. issued an order for summary suspension pursuant to State (10) ―Contested case‖ means a proceeding conducted pursuant Government Article, §10-226(c)(2), Annotated Code of Maryland, in to the Administrative Procedure Act. which the licensee may challenge the Board’s basis for issuing the (11) ―Final order‖ means a public record issued by the Board order of summary suspension. resolving a formal disciplinary action, either by consent or after an (23) ―Predeprivation hearing‖ means a show cause hearing at adjudication, which: which the licensee has an opportunity to demonstrate to the Board (a) Denies a license; why it should not: (b) Sanctions by reprimand, probation, fine, or suspension (a) Issue an order for summary suspension pursuant to State or revocation of a license; Government Article §10-226(c)(2), Annotated Code of Maryland; or (c) Summarily suspends a license; (b) Take some other action which the Board is authorized to (d) Dismisses charges; take. (e) Surrenders a license; (24) ―Presiding officer‖ means the chair of the Board or, in the (f) Resolves the contested case by consent of the parties; or chair’s absence, a Board member designated by the chair, who: (g) Takes any other action that the Board is authorized to do (a) Conducts hearings before the Board; and by law. (b) Issues prehearing orders. MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1076 (25) ―Probation‖ means a sanction imposed by the Board in a (2) By an attorney who has been: public final order where the licensee is: (a) Admitted to the Maryland Bar; or (a) Monitored by the Board for a period of time; and (b) Specially admitted to practice law pursuant to Maryland (b) Required to comply with certain conditions in order to Rules, Rules Governing Admission to the Bar of Maryland, Rule 16, avoid further disciplinary action. Annotated Code of Maryland. (26) ―Public record‖ means a document that the Board is C. The Board may request the Office of the Attorney General to permitted or required to disclose to the public pursuant to State participate in a hearing to present the case on behalf of the State. Government Article, Title 10, Subtitle 6, Annotated Code of D. The member of the Office of the Attorney General presenting Maryland. the case on behalf of the State shall have the same rights as any party (27) ―Recommended decision‖ means a nonpublic record with regard to: issued by a hearing committee or by an administrative law judge (1) Submission of evidence; which sets out proposed findings of fact, proposed conclusions of (2) Examination and cross-examination of witnesses; and law, and a proposed sanction, or any combination of these items. (3) The filing of objections, exceptions, and motions. (28) ―Recusal‖ means the disqualification of a member of the E. The Board may also request a member of the Office of the Board to participate in a proceeding because of interest, bias, or Attorney General to act as legal advisor to the Board on questions of: some other reason which may interfere with the Board member’s (1) Procedure; participation in the case. (2) Evidence; and (29) ―Respondent‖ means a licensee subject to the jurisdiction (3) Law. of the Board, who has been: (a) Given formal notice of allegations concerning violations .05 Disposition of Complaints. of the Maryland Physical Therapy Act; and A. For each complaint, after reviewing any completed (b) Notified as to the possible imposition of sanctions or a investigative information or reports, the Board shall: summary suspension. (1) Dismiss the complaint; (30) ―Revocation‖ means the removal of a licensee’s license. (2) Close the case with informal action; (31) ―Sanction‖ means an action by the Board which: (3) Issue a cease and desist order; (a) Reprimands; (4) Refer the matter for further investigation; (b) Places on probation; (5) Refer the matter to an administrative prosecutor; or (c) Fines; (6) Vote to: (d) Suspends or revokes a license; or (a) Charge a licensee with a violation of the Maryland (e) Disciplines by way of a consent order. Physical Therapy Act; (32) ―Show cause hearing‖ means a nonevidentiary hearing in (b) Consider the matter as a basis for a summary which the licensee has the opportunity to demonstrate to the Board suspension; why the Board should not issue a proposed order or continue to take (c) Initially deny a license or reinstatement of a license; or an action that the Board is legally authorized to take. (d) Accept the surrender of a license subject to conditions (33) ―Summary suspension‖ means the indefinite suspension of acceptable to the Board. a license pursuant to State Government Article, §10-226(c)(2), B. The Board may refer a complaint or other disciplinary matter Annotated Code of Maryland, issued if the Board believes emergency to the administrative prosecutor at any time, whether or not it has action is necessary to protect the public health, safety, or welfare. voted to charge a licensee with violations of the Maryland Physical (34) ―Suspension‖ means the temporary denial of the right to Therapy Act. use a license and is usually defined by: .06 Notice of Charges or Notice of Initial Denial. (a) A specified period of time; A. If the Board issues charges or a notice of initial denial, the (b) Specific dates; or document shall be: (c) Specific conditions. (1) Served on the respondent by certified mail at the address .03 Confidentiality of Proceedings. the respondent is required to maintain with the Board; or A. Except as otherwise provided by law, the proceedings of the (2) Hand-delivered in person. Board are confidential and that confidentiality may not by waived by B. Charges or notice of initial denial shall: the parties. (1) Inform the respondent of the statutory basis for the charges B. The Office of Administrative Hearings’ proceedings involving or denial of a license; the adjudication of a Board formal disciplinary action and the (2) Allege sufficient facts that the Board believes constitute administrative law judge’s recommended decision are confidential. either a basis for: C. The respondent may not waive the confidentiality of the: (a) Violation of the Maryland Physical Therapy Act; or (1) Proceedings; or (b) Denial of a license; and (2) Patients whose medical records or care are reflected in the (3) Include the notice of hearing. record of the proceedings. C. If the Board issues a notice of initial denial to an applicant for D. To the extent possible, even after the close of a formal a license, the applicant may not withdraw the application without disciplinary action, the parties shall refrain from revealing the approval from the Board. identity of any patients involved in the matter, including but not .07 Notice of Hearing. limited to, information contained in: A. Except for a show cause hearing, written notice of all hearings (1) Legal documents; or shall be sent by the Executive Director or an officer of the Board to (2) Oral statements. all parties at least 30 days before the hearing. .04 Representation by Counsel. B. The Board shall serve the notice of hearing by either: A. A respondent may be represented by counsel at any stage of a (1) Certified mail at the address the respondent is required to formal disciplinary action. maintain with the Board; or B. If a hearing is held, the respondent shall be represented: (2) Hand-delivery in person. (1) In proper person; or C. The notice of hearing shall state, if applicable: MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1077 (1) The date, time, place, and nature of the hearing; (ii) Filed with the Board at least 15 working days before (2) The right to call witnesses and submit documents or other the hearing. relevant evidence; (b) A copy of the motion shall be served on the opposing (3) The right to request subpoenas for witnesses and evidence party. and the costs associated with such a request; (c) A response shall be filed with the Board at least 10 (4) The right to representation; working days before the hearing and a copy served on the opposing (5) That a failure to appear for the scheduled hearing may party. result in an adverse action against the party; and (d) The Board may refuse to consider a motion or response (6) That the parties may agree to the evidence and waive their that is not timely filed. right to appear at the hearing. (2) Motion for Summary Decision. D. The notice of hearing may include: (a) A party may move for summary decision on any (1) Deadlines for discovery and motions; or appropriate issue in the case. (2) Dates for the prehearing conference and case resolution (b) The Board may grant a proposed or final summary conference. decision if the Board finds that: (i) There is no genuine issue of material fact; and .08 Prehearing Conference and Case Resolution Conference. (ii) A party is entitled to prevail as a matter of law. A. The Board may set a prehearing conference or a case resolution conference, or both. .09 Discovery. B. The prehearing conference may be used to prepare for the A. Discovery on Request. By written request served on the other hearing by: party and filed with the Board or the Office of Administrative (1) Delineating the issues; Hearings, as appropriate, a party may require another party to (2) Stipulating to facts, laws, and other matters; produce, within 15 days, the following: (3) Arranging a schedule for the exchange of documents and (1) A list of witnesses to be called; witnesses; (2) Copies of documents intended to be produced at the (4) Arranging a schedule for the submission of motions and hearing; or responses to motions; or (3) Both §A(1) and (2) of this regulation. (5) Addressing any other matters that will promote the orderly B. Mandatory Discovery. and efficient conduct of the hearing. (1) Each party shall provide to the other party not later than 15 C. Prehearing Orders. days before the prehearing conference, if scheduled, or 45 days (1) If a prehearing conference has been held, a prehearing before the scheduled hearing date, whichever is earlier: order may be issued by the presiding officer. (a) The name and curriculum vitae of any expert witness (2) The prehearing order shall set forth the actions taken or to who will testify at the hearing; and be taken with regard to any matter addressed at the prehearing (b) A detailed written report summarizing the expert’s conference. testimony, which includes the: (3) If a prehearing conference is not held, the presiding officer (i) Opinion offered; may issue a prehearing order to regulate the conduct of the (ii) Factual basis for the opinion; and proceedings. (iii) Reasons underlying the opinion. (4) Absent an exception from the presiding officer, the (2) If the Board or the Office of Administrative Hearings, as prehearing order shall be binding on the parties. appropriate, finds that the report is not sufficiently specific, or D. Case Resolution Conference. otherwise fails to comply with the requirements of this section, the (1) Matters admitted, revealed, negotiated, or otherwise Board or the Office of Administrative Hearings, as appropriate, shall discussed at a case resolution conference are without prejudice and exclude from the hearing the testimony of the expert and any report may not be used by the respondent, administrative prosecutor, or the of the expert. Board in any subsequent proceedings, unless the information is (3) The Board or the Office of Administrative Hearings, as otherwise discoverable or available through another source. appropriate, shall consider and decide arguments regarding the (2) The Board is not bound by the recommendations of the case sufficiency of the report: resolution conference committee and may: (a) At the prehearing conference, if scheduled; or (a) Modify the proposed settlement; (b) Immediately before the scheduled hearing. (b) Require additional conditions; or (4) If an expert adopts a sufficiently specific charging (c) Reject the recommendation and require the respondent document as the expert’s report, that adoption satisfies the to proceed to a hearing. requirements set forth in this section. (3) If the respondent disagrees with the recommendation of the C. Parties are not entitled to discovery of items other than as case resolution conference committee, the respondent may elect to listed in §§A and B of this regulation. proceed to a hearing on the matter, regardless of whether or not the D. Both parties have a continuing duty to supplement their Board has ratified the recommendation of the case resolution disclosure of witnesses and documents. conference committee. E. Absent unforeseen circumstances that would otherwise impose (4) Participation in a case resolution conference is not a basis an extraordinary hardship on a party, witnesses or documents may for recusal of a Board member, Board counsel, or Board prosecutor not be added to the list: from further proceedings. (1) After the prehearing conference, if scheduled; or E. Motions. (2) Later than 15 days before the hearing, if no prehearing (1) General Requirements. conference is scheduled. (a) Unless otherwise set forth in a prehearing order or F. The prohibition against adding witnesses does not apply to notice of hearing, all motions shall be: witnesses or documents to be used for impeachment or rebuttal (i) Accompanied by a memorandum of points and purposes. authorities; and G. Construction.

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1078 (1) In hearings conducted by an administrative law judge of the (4) The presiding officer, or a person designated by the Office of Administrative Hearings, this regulation shall, whenever presiding officer for that purpose, may examine a witness called by a possible, be construed as supplementing and in harmony with party. COMAR 28.02.01. (5) The presiding officer may call as a witness a person (2) In the event of a conflict between this regulation and necessary to ensure a full and complete record. COMAR 28.02.01, this regulation applies. (6) Any Board member may examine any witness. H. Briefs. .10 Evidentiary Hearings. (1) A party may submit a brief on the issues of fact and law A. Hearings shall be conducted pursuant to the Administrative involved in the hearing. Procedure Act. (2) The presiding officer may designate: B. The Board may delegate its authority to conduct hearings to: (a) The form of the brief; (1) A hearing committee of the Board; or (b) The number of copies to be submitted; and (2) The Office of Administrative Hearings. (c) The date and time of submission. C. Confidentiality. (3) The Board may refuse to consider a brief that is not timely (1) Hearings are not open to the public. filed or fails to conform to requirements imposed by the presiding (2) All records, including the hearing committee’s decision and officer. the administrative law judge’s recommended decision, are I. If a party who is the respondent in the proceedings fails to confidential and sealed. appear at a hearing after due notice, the Board may: D. Record. The Board shall prepare an official record of hearings (1) Reschedule the hearing; or which shall include all: (2) In the Board’s discretion, proceed upon the investigation, (1) Pleadings; report, documents, witnesses, and records before it. (2) Testimony; J. Any testimony taken by the Board shall be taken under oath. (3) Exhibits; and K. Decision and Order. (4) Other memoranda or material filed in the proceeding. (1) A decision and order rendered by the Board shall: E. Transcript. (a) Be in writing; and (1) Unless waived by all parties, a stenographic record of the (b) Include the findings of fact and conclusions of law. proceedings shall be made at the expense of the Board. (2) A copy of the decision and order and accompanying (2) The stenographic record may not be transcribed, unless findings and conclusions shall be delivered or mailed promptly to requested by a party or by the Board. each party or the party’s attorney of record. (3) The cost of any typewritten transcripts of any proceedings, (3) The findings of fact, conclusions of law, and order shall be or parts of the transcript, shall be paid by the party requesting the retained as a permanent record by the Board. transcript. L. Judicial Review. F. Presiding Officer. (1) A party who is aggrieved by a final decision of the Board (1) The presiding officer shall: under Health Occupations Article, §13-316, Annotated Code of (a) Conduct a full, fair, and impartial hearing; Maryland, may seek judicial review of the Board’s decision. (b) Take action to avoid unnecessary delay in the disposition (2) The judicial review shall be in accordance with the of the proceedings; provisions of State Government Article, §§10-222—10-223, (c) Maintain order; and Annotated Code of Maryland. (d) Adjourn or recess the hearing from time to time. M. Rehearings. (2) The presiding officer has the power to regulate the course (1) Within 10 days after service on a party of the decision of the of the hearing and the conduct of the parties, including the power to: Board, the party may apply to the Board for rehearing. (a) Permit the examination of witnesses; (2) The application shall state the grounds for rehearing. (b) Rule on offers of proof and admit relevant and material (3) The Board shall grant or deny the application within 20 evidence; days of its submission to the Board. (c) Consider and rule upon motions; (4) Unless otherwise ordered, neither the rehearing nor the (d) Grant a continuance or postponement; application for rehearing shall: (e) Determine the order in which the parties shall present (a) Stay the enforcement of the order; or their cases; (b) Excuse the persons affected by the order for failure to (f) Limit unduly repetitious testimony; comply with the terms of the order. (g) Reasonably limit the time for presentation; and (5) At a rehearing, the Board shall only consider facts not (h) Issue orders as necessary to: presented in the original proceeding, including facts arising after the (i) Secure procedural simplicity and administrative date of the original proceeding. fairness; and (6) By new order, the Board may abrogate, change, or modify (ii) Eliminate unjustifiable expense and delay. its original order. G. Examination of Witnesses and Introduction of Evidence. (1) The rules of evidence in State Government Article, §10-213, .11 Recommended Decisions, Exceptions Hearings, and Oral Annotated Code of Maryland, apply to hearings before the Board. Argument. (2) A party may: A. If a case has been delegated to a hearing committee of the (a) Submit evidence; Board or to the Office of Administrative Hearings pursuant to State (b) Examine and cross-examine witnesses; and Government Article, §10-205, Annotated Code of Maryland, the (c) File objections, exceptions, and motions. hearing committee or administrative law judge shall prepare a (3) If a party is represented by counsel, all submission of recommended decision for consideration by a quorum of the Board. evidence, examination and cross-examination of witnesses, and filing B. A quorum of the Board may include members of the hearing of objections, exceptions, and motions shall be done and presented committee. solely by counsel.

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1079 C. The hearing committee shall issue a recommended decision (ii) Whether all or part of the Office of Administrative within 90 days of the conclusion of the hearing. This 90-day time Hearings’ delegated authority has been revoked; and frame may be extended by a majority vote of a quorum of the Board. (iii) If only part of the delegation has been revoked, the D. The Board shall notify the parties of the parties’ right to: portions of the contested case for which the delegation has been (1) File written exceptions to the recommended decision issued revoked. by the administrative law judge or the hearing committee; and (2) The Board may revoke the Office of Administrative (2) Present oral argument to the Board. Hearings’ authority to decide a case at any time before the earlier of: E. A party may file written exceptions to the recommended (a) Issuance of a ruling by the administrative law judge on a decision issued by the administrative law judge or the hearing substantive issue; or committee within 30 days of receipt of the recommended decision. (b) Taking of oral testimony from the first witness. F. The party opposing the exceptions has 15 days to file a written (3) A decision issued by the Board shall reflect that the Office response. of Administrative Hearings’ authority was revoked. G. The Board may refuse to consider exceptions or responses filed (4) The Board shall include as part of the record a copy of the in violation of §§E and F of this regulation. revocation notice. H. Oral Arguments. (1) If either party files exceptions, the Board shall schedule an .13 Summary Suspensions. oral argument to be held before a quorum of the Board. A. The Board shall order the summary suspension of a license if (2) After oral argument, the Board shall prepare an order the Board determines that there is a substantial likelihood that a containing the: licensee poses a risk of harm to the public health, safety, or welfare. (a) Accepted findings of fact; B. Based on information gathered in an investigation or otherwise (b) Conclusions of law; and provided to the Board, the Board may vote to issue: (c) Disposition. (1) A notice of an intent to summarily suspend a license; or (3) The Board may refuse to hear oral argument if exceptions (2) An order of summary suspension. are not timely filed. C. If the Board votes to issue a notice of intent to summarily (4) The presiding officer shall: suspend or an order of summary suspension, the Board shall refer the (a) Determine all procedural issues that are governed by matter to an administrative prosecutor for prosecution. this regulation; D. Service of the notice of intent to summarily suspend a license (b) Make any rulings reasonably necessary to facilitate the shall be made by: effectiveness and efficiency of oral argument; and (1) Hand delivery in person to the respondent; (c) Impose reasonable time limitations on oral argument (2) Certified mail to the address the respondent is required to and, ordinarily, limit the parties to 30 minutes each. maintain with the Board; or (5) The party filing the exceptions shall proceed first. (3) Other reasonable means to effect service. I. If the parties do not file timely exceptions and no oral argument E. Notice of Intent to Summarily Suspend. is scheduled, a quorum of the Board shall consider the recommended (1) A notice of intent to summarily suspend a license shall decision issued by the administrative law judge or hearing include, but is not limited to: committee. (a) A proposed order of summary suspension which is J. The Board shall prepare an order based on the Board’s review unexecuted by the Board and which includes: of the: (i) The statutory authority on which the action has been (1) Recommended decision of the administrative law judge or taken; hearing committee; (ii) Allegations of fact which the Board believes (2) Record developed before the administrative law judge or demonstrate a substantial likelihood that the licensee poses a risk of hearing committee; and harm to the public health, safety, or welfare; and (3) Any exceptions and responses filed by the parties. (iii) Notice to the respondent of the right to request an evidentiary hearing of the summary suspension if the Board executes .12 Revocation of Hearing Authority from the Office of the proposed order of summary suspension; and Administrative Hearings. (b) An order or summons to appear before the Board: A. Consistent with the provisions of State Government Article, (i) To show cause why the Board should not execute the §10-205, Annotated Code of Maryland, the Board may revoke order of summary suspension; and authority delegated to the Office of Administrative Hearings by (ii) Which notifies the respondent of the consequences of written notice. failing to appear. B. Criteria for Revocation of Authority in a Specific Case. The (2) Predeprivation Hearing. Board may revoke all or part of the Office of Administrative (a) If the Board issues a notice of intent to summarily Hearings’ authority in a specific case if the case: suspend a license, the Board shall offer the respondent the (1) Involves novel or unanticipated factual or legal issues; opportunity to appear before the Board to show cause why the (2) Has significant fiscal consequences to the Board; respondent’s license should not be summarily suspended. (3) Involves policy issues of general applicability; or (b) The show cause hearing shall be a nonevidentiary (4) Is likely to have precedential value. hearing to provide the parties with an opportunity for oral argument C. Procedures for Revocation of the Office of Administrative on the proposed summary suspension. Hearings’ Authority in a Specific Case. (c) The presiding officer: (1) The Board shall provide written notice of a revocation of (i) Shall determine all procedural issues; the Office of Administrative Hearings’ authority: (ii) May impose reasonable time limits on each party’s (a) To: oral argument; and (i) All parties; and (iii) Shall make any rulings reasonably necessary to (ii) The Office of Administrative Hearings; and facilitate the effective and efficient operation of the show cause (b) That includes: hearing. (i) A brief statement of the reasons for the revocation; F. Order of Summary Suspension.

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1080 (1) The Board may order the summary suspension of a license without first issuing a notice of intent to summarily suspend or .15 Probation and Violation of Probation. providing a respondent with a predeprivation hearing if the Board A. If the Board imposes a period of probation as a sanction, the determines that the threat to public health, safety, and welfare Board may impose conditions of probation which the Board deems requires the immediate suspension of the license. appropriate, including: (2) Post-Deprivation Hearing. (1) Re-education or completion of approved courses; (a) The respondent shall be provided with a show cause (2) Payment of a fine; hearing within a reasonable time after the effective date of the order (3) Practicing physical therapy or limited physical therapy of summary suspension. under supervision; (b) The show cause hearing pursuant to §F(2)(a) of this (4) Monitoring by the Board or by an individual or entity regulation shall: approved by the Board with periodic reporting to the Board; (i) Be conducted before the Board as provided in §E(2) of (5) Periodic review of a licensee’s practice; this regulation; and (6) Periodic audits of a licensee’s billing practice; (ii) Provide the respondent with an opportunity to show (7) An examination by a physician or other appropriate health cause why the Board should lift the summary suspension. care provider; (3) After a show cause hearing, if the Board votes to continue (8) Limitation of the licensee’s practice; the summary suspension, the respondent may request an evidentiary (9) Drug screenings; hearing before the Board. (10) Individual or group counseling or therapy; (4) An evidentiary hearing: (11) Obtaining a passing score on an appropriate examination; (a) May be consolidated with a hearing on charges issued or by the Board which include the facts which form the basis for the (12) Any other condition the Board deems appropriate for the summary suspension; and rehabilitation or retraining of a licensee. (b) Shall be conducted pursuant to the Administrative B. A term of probation may be defined by a specific period of time Procedure Act. or the successful completion of certain conditions or acts by the G. Disposition. licensee. (1) If the Board issues a notice of intent to summarily suspend C. A licensee seeking release from probation shall do so only by a license, the Board may, after the show cause hearing, vote to: petitioning the Board to terminate the probation when the: (a) Order a summary suspension; (1) Specific period of time has passed; or (b) Deny the summary suspension; (2) Licensee has successfully completed the conditions or acts (c) Enter into a consent order; or required for release. (d) Enter into any interim order warranted by the D. At any time, if the Board has reason to believe that the licensee circumstances of the case, including one providing for the stay of the is not in compliance with the conditions of probation, the Board summary suspension subject to certain conditions. shall: (2) If the Board orders a summary suspension before a show (1) Charge the licensee with a violation of probation; cause hearing, the Board may, at the conclusion of the show cause (2) Take any action provided for in the final order in the event hearing, vote to: of a violation of probation, including suspension of the license; (a) Affirm its order of summary suspension; (3) Consider a summary suspension of the license; or (b) Rescind the order of summary suspension; (4) Take any other action the Board deems appropriate and (c) Enter into a consent order; or which the Board is authorized to take by law. (d) Enter into any interim order warranted by the E. If the Board determines that the respondent has violated circumstances of the case, including one providing for a stay of the probation, the Board shall: summary suspension subject to certain conditions. (1) Take any action provided for in the final order in the event (3) An order for summary suspension or any other order of the of a violation of probation; Board issued after the initiation of summary suspension proceedings (2) Impose additional conditions or probation; or is a: (3) Impose any sanction or take any other action that the Board (a) Final order of the Board; and deems appropriate and is authorized to take by law. (b) Public record. .16 Reinstatement. .14 Surrender of a License. A. A licensee shall petition the Board for a lifting of the A. The Board may accept the surrender of a license. suspension of a license or a reinstatement following revocation or B. The Board may require conditions for surrender of a license, surrender of a license. including but not limited to: B. The Board may reinstate a license only in accordance with: (1) The admission of a violation of the Maryland Physical (1) The terms and conditions of the order of revocation or Therapy Act; suspension; (2) The admission of facts; (2) A letter of surrender; (3) A statement of the circumstances under which the surrender (3) An order of reinstatement issued by the Board; or was offered or accepted; (4) A final judgment in any proceeding for judicial review. (4) Restrictions on future licensing; C. When a time period is not specified in the Board’s final order, (5) Conditions for reinstatement of the license; or a petition for reinstatement may not be considered by the Board (6) An agreement that the respondent may not again apply for a before the expiration of 1 year after the date of the order. license. D. The form of a reinstated license shall: C. A letter of surrender is a: (1) Be similar in every respect to an original license; and (1) Final order of the Board; and (2) Bear the new date of issue. (2) Public record. E. A licensee whose license has been revoked or surrendered for 3 years or more before filing a petition for reinstatement is not eligible for reinstatement but instead shall apply for initial licensure.

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1081 F. If the Board grants reinstatement of a license, the Board may company and will not disclose upon request the payor’s federal impose any restrictions or conditions on the license that the Board identification number, payment shall be made by some method other deems appropriate. than by noncertified check. JOHN M. COLMERS .03 Service Charge for Bad Checks. Secretary of Health and Mental Hygiene A service charge as set forth in [COMAR 11.11.05] Transportation Article, §12-116, Annotated Code of Maryland, shall be assessed against a person who tenders a check to the Title 11 Administration in payment of any charge or for any other purpose, and [the] whose check is not honored by the bank on which it is DEPARTMENT OF drawn. JOHN T. KUO TRANSPORTATION Administrator Motor Vehicle Administration Subtitle 11 MOTOR VEHICLE ADMINISTRATION — Subtitle 17 MOTOR VEHICLE ADMINISTRATIVE PROCEDURES ADMINISTRATION — DRIVER 11.11.01 Payment by Check LICENSING AND IDENTIFICATION Authority: Transportation Article, §12-104(b), Annotated Code of Maryland; DOCUMENTS 42 U.S.C. §405(c)(2)(C)(i) Notice of Proposed Action 11.17.13 Point System: Definition of Moving [10-213-P] Violation and Assessment of Points The Administrator of the Motor Vehicle Administration proposes Authority: Transportation Article, §§12-104(b) and 16-402, Annotated Code to amend Regulations .01 and .03 under COMAR 11.11.01 Payment of Maryland by Check. Notice of Proposed Action Statement of Purpose [10-222-P] The purpose of this action is to amend regulations to: The Administrator of the Motor Vehicle Administration proposes (1) Remove the requirement for social security numbers to be to amend Regulation .02 under COMAR 11.17.13 Point System: placed on an individual‘s noncertified check due to confidentially, Definition of Moving Violation and Assessment of Points. security and identity theft issues; and (2) Correct the current reference to regulation for the service Statement of Purpose fee charged for bad checks to statute. The purpose of this action is to add moving violations that will result in a one point assessment on an individual‘s driving record Comparison to Federal Standards upon conviction. This action is pursuant to the passage of Chapters There is a corresponding federal standard to this proposed action, 517, 538— 541, 546, and 716, Acts of 2010. but the proposed action is not more restrictive or stringent. Comparison to Federal Standards Estimate of Economic Impact There is no corresponding federal standard to this proposed action. The proposed action has no economic impact. Estimate of Economic Impact Economic Impact on Small Businesses I. Summary of Economic Impact. This action will have no The proposed action has minimal or no economic impact on small economic impact on the Department to implement. There is a businesses. potential minimal increase in general fund revenues due to the Impact on Individuals with Disabilities penalty provisions applicable under Maryland Vehicle Law and a The proposed action has no impact on individuals with disabilities. minimal impact on individuals who are convicted of a violation of Maryland Law. Opportunity for Public Comment Comments may be sent to Carolyn Decker, Regulations Revenue (R+/R-) Coordinator, Motor Vehicle Administration, 6601 Ritchie Highway II. Types of Economic Expenditure N.E., Room 200, Glen Burnie, MD 21062, or call 410-424-3105, or Impact. (E+/E-) Magnitude email to [email protected], or fax to 410-768-7506. Comments will be accepted through August 30, 2010. A public hearing has not been scheduled. .01 Payment by Noncertified Check. A. On issuing agency: NONE A.—B. (text unchanged) B. On other State agencies: (R+) Minimal C. The Administration may request [the payor‘s Social Security C. On local governments: NONE number or], if the payor is a company, the payor‘s federal employer‘s identification number. D.— E. (text unchanged) F. If the payor [cannot or will not disclose upon request the payor‘s Social Security number or, if the payor is a company, the payor‘s federal employer‘s identification number, payment shall be made by some method other than by noncertified check] is a MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1082 Benefit (+) (78) 21-1209 (d)—Failure to yield right of way to a Cost (-) Magnitude bicycle/EPAMD/motor scooter in designated bike lane or shoulder [(69)] (79)—[(77)] (87) (text unchanged) C. (text unchanged)

JOHN T. KUO D. On regulated industries or Administrator trade groups: NONE Motor Vehicle Administration E. On other industries or trade groups: NONE F. Direct and indirect effects Title 13A on public: (+) Minimal STATE BOARD OF III. Assumptions. (Identified by Impact Letter and Number from Section II.) EDUCATION B. There is a potential minimal increase in general fund revenues Subtitle 07 SCHOOL PERSONNEL due to the penalty provisions applicable under Maryland Vehicle Law, maximum $500 fine for individuals convicted and fined by the 13A.07.04 Evaluation of Professionally courts for violations of the Maryland Vehicle Law. Certificated Personnel F. There is a potential minimal increase in expenditures to the public for individuals convicted and fined by the courts for violations Authority: Education Article, §§2-205(b), (e), and (g), 4-205(c), and 6-202; of the Maryland Vehicle Law. Annotated Code of Maryland Notice of Proposed Action Economic Impact on Small Businesses [10-228-P-I] The proposed action has minimal or no economic impact on small businesses. The Maryland State Board of Education proposes to adopt new Regulations .01, .05, and .06 and recodify existing Regulation .01 to Impact on Individuals with Disabilities be Regulation .01-1 under COMAR 13A.07.04 Evaluation of The proposed action has no impact on individuals with disabilities. Professionally Certificated Personnel. This action was considered at the Maryland State Board of Education meeting on April 27, 2010. Opportunity for Public Comment Comments may be sent to Carolyn Decker, Regulations Statement of Purpose Coordinator, Motor Vehicle Administration, Room 200, 6601 Ritchie The purpose of this action is to bring the Maryland State Highway NE, Glen Burnie MD 21062, or call 410-424-3105, or Department of Education‘s regulations in compliance with the email to [email protected], or fax to 410-768-7506. Education Reform Act of 2010, which was passed by the General Comments will be accepted through August 30, 2010. A public Assembly on April 12, 2010. hearing has not been scheduled. Comparison to Federal Standards .02 Assessment of Points. There is no corresponding federal standard to this proposed action. A. (text unchanged) B. Section—Moving Violation Estimate of Economic Impact I. Summary of Economic Impact. The Maryland State Board of (1)—(25) (text unchanged) Education will need to provide model rubrics, instruments, and (26) 21-405(e)(1)—Failure to make required lane change for training to local education agencies and the 24 local education stopped emergency vehicle agencies will need to provide additional training to staff. (27) 21-405(e)(2)—Failure to slow to reasonable speed while passing stopped emergency vehicle Revenue (R+/R-) [(26)] (28)—[(48)] (50) (text unchanged) (51) 21-804(c)—Driving limited speed vehicle on prohibited II. Types of Economic Expenditure highway Impact. (E+/E-) Magnitude [(49)] (52) (text unchanged) (53) 21-805.1(a)—Driving without/unauthorized use of limited speed vehicle emblem [(50)] (54)—[(67)] (71) (text unchanged) A. On issuing agency: (E+) Unknown (72) 21-1124.2 (c)(1)—Second or subsequent offense of using B. On other State agencies: NONE handheld telephone while operating a Class H vehicle with C. On local governments: (E+) Unknown passengers (73) 21-1124.2 (c)(2)—Second or subsequent offense of using handheld telephone while licensed with a learner’s permit or Benefit (+) provisional driver’s license Cost (-) Magnitude (74) 21-1124.2(d)(2)—Second or subsequent offense of using handheld telephone while vehicle is in motion

[(68)] (75) (text unchanged) (76) 21-1128—Driving while operating unauthorized D. On regulated industries or television/video equipment visible to the driver trade groups: NONE (77) 21-1209 (a)(2)—Failure to provide minimum 3 foot E. On other industries or trade distance when passing a bicycle/EPAMD/motor scooter groups: NONE

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1083 F. Direct and indirect effects .06 Requirements for Evaluation of Teachers and Principals. on public: NONE A. Applicability. Effective in school year 2012, in addition to any III. Assumptions. (Identified by Impact Letter and Number from other general standards and the model performance evaluation criteria adopted by regulation, the minimum general standards set Section II.) forth in §C of this regulation shall apply to evaluations of teachers A. MSDE will need to provide model rubrics, instruments, and and principals. training to LEA staff. Additionally, MSDE will need to work with the B. Definitions. 24 LEAs to collect, review and disseminate statewide interim (1) In this regulation, the following terms have the meanings assessments in the non-tested subjects and grades. MSDE will require indicated. staff and the technology tools to calculate and report on student (2) Terms Defined. growth measures. (a) ―General standards‖ means the requirements for a C. The 24 local education agencies will need to provide additional rigorous evaluation system for teachers and principals applicable training for Executive Officers, principals, and teachers on Statewide. implementation of the new principal and teacher evaluation systems. (b) ―Multiple measures‖ means the appropriate Additionally, if the LEA decides not to use the State model for 20 assessments, tools, and processes for measuring whether a general percent of the student growth, they may require additional resources standard has been met. to develop, score, and report on their State-approved local student (c) ―Performance evaluation criteria‖ means the growth measures. quantifiable and data driven means, based on the general standards and multiple measures, to evaluate whether a teacher or principal is Economic Impact on Small Businesses highly effective, effective, or ineffective. The proposed action has minimal or no economic impact on small (d) ―Student growth‖ means student progress assessed by businesses. multiple measures and from a clearly articulated baseline to one or Impact on Individuals with Disabilities more points in time. The proposed action has no impact on individuals with disabilities. C. General Standards. (1) The evaluation of teachers and principals shall use multiple Opportunity for Public Comment measures and be based on general standards and written James V. Foran, Executive Director, High School and performance evaluation criteria. Postsecondary Initiatives, Maryland State Department of Education, (2) The evaluation of teachers shall have, at minimum, the 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767- following components: 0589, or email to [email protected], or fax to 410-333-3867. (a) Student growth; Comments will be accepted through August 30, 2010. A public (b) Planning and preparation; hearing has not been scheduled. (c) Classroom environment; (d) Instruction; and Open Meeting (e) Professional responsibility. Final action on the proposal will be considered by the Maryland (3) The evaluation of principals shall have, at minimum, the State Board of Education during a public meeting to be held on following components: September 21 and 22, 2010, at 200 West Baltimore Street, Baltimore, (a) Student growth; and MD 21201. (b) The instructional leadership outcomes set forth in the Editor‘s Note on Incorporation by Reference Maryland Instructional Leadership Framework (February 2005), Pursuant to State Government Article, §7-207, Annotated Code of which is incorporated by reference. Maryland, the Maryland Instructional Leadership Framework (4) The student growth component of the evaluation for (February 2005) has been declared a document generally available to teachers and principals: the public and appropriate for incorporation by reference. For this (a) Shall be a significant component of the evaluation, which reason, it will not be printed in the Maryland Register or the Code of means that at least 50 percent of the evaluation shall be based on Maryland Regulations (COMAR). Copies of this document are filed student growth; and in special public depositories located throughout the State. A list of (b) May not be based solely on an existing or newly created these depositories was published in 37:1 Md. R. 9 (January 4, 2010), examination or assessment. and is available online at www.dsd.state.md.us. The document may (5) No single performance evaluation criterion shall account also be inspected at the office of the Division of State Documents, 16 for more than 35 percent of the total performance evaluation criteria. Francis Street, Annapolis, Maryland 21401. (6) Beginning in school year 2012, an evaluation of a teacher or principal shall provide, at a minimum, for an overall rating of .01 Applicability. highly effective, effective, or ineffective. Until school year 2012, the regulatory standards set forth in this (7) Beginning with school year 2012, every teacher and chapter will continue to apply to evaluations of professionally principal shall be evaluated at least once annually based on student certified personnel. growth. (8) At a minimum, every other year every teacher shall be .05 Stakeholder Input. evaluated based on all the evaluation components set forth in §C(2) A. The department shall solicit information and recommendations of this regulation. from each local education agency and other stakeholders on general (9) Each annual evaluation of a principal shall include all of evaluation standards, model performance evaluation criteria, and a the components of the evaluation system set forth in §C(3) of this rating scale that includes, at a minimum, definitions of highly regulation. effective, effective, and ineffective. B. The department shall present the information gathered from the NANCY S. GRASMICK local education agencies and stakeholders to the State board for State Superintendent of Schools consideration in promulgating a comprehensive set of evaluation regulations by January 30, 2011, to be effective on July 1, 2012. MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1084 (b) The remaining life of a master contract for video lottery Title 14 terminal machines that is in effect at the time a manufacturer submits pricing under §B(1) of this regulation; INDEPENDENT AGENCIES (3) A purchase method that is most advantageous to the State; or Subtitle 01 STATE LOTTERY AGENCY (4) Any other factor that serves the best interests of the State. C. The Commission may cancel or alter a contract for purchase or Notice of Proposed Action lease of video lottery terminal machines if one or more eligible [10-229-P] applicants for a video lottery facility license fail to obtain a license. The Maryland State Lottery Agency proposes to adopt: D. A facility shall operate only video lottery terminal machines (1) New Regulation .03 under COMAR 14.01.12 Video that have been purchased or leased by the Commission. Lottery Terminal Machines; and E. The Commission may provide an incentive to a licensed (2) New Regulations .01—.09 under a new chapter, COMAR manufacturer of video lottery terminal machines that is based on the 14.01.17 Mandatory Exclusion. performance of the manufacturer’s video lottery terminal machines. This action was considered at the Maryland State Lottery Commission open meeting held on June 18, 2010, notice of which 14.01.17 Mandatory Exclusion was given pursuant to State Government Article, §10-506(c), Authority: State Government Article, Title 9, Subtitle 1A, Annotated Code of Annotated Code of Maryland. Maryland Statement of Purpose .01 General. The purpose of this action is to update regulations to incorporate This chapter establishes a mechanism by which the Commission: provisions required for the implementation and operation of the A. Maintains a list of individuals who are to be mandatorily State‘s new Video Lottery Terminal program and for the VLT excluded or ejected from a video lottery facility; and Facilities, which are scheduled to begin opening in Fall 2010. B. Establishes standards that require a video lottery operation Comparison to Federal Standards licensee to: There is no corresponding federal standard to this proposed action. (1) Exclude or eject an individual from the premises of a video lottery facility; and Estimate of Economic Impact (2) Ensure that intoxicated individuals and individuals under The proposed action has no economic impact. the age of 21 are not allowed: Economic Impact on Small Businesses (a) To play video lottery terminals; and The proposed action has minimal or no economic impact on small (b) In areas of the video lottery facility where video lottery businesses. terminals are located. Impact on Individuals with Disabilities .02 Definitions. The proposed action has no impact on individuals with disabilities. A. In addition to the terms defined in State Government Article, §9-1A-01, Annotated Code of Maryland, which have the same Opportunity for Public Comment meanings in this chapter, in this chapter the following terms have the Comments may be sent to Robert W. Howells, Regulations meaning indicated. Coordinator, Maryland State Lottery Agency, 1800 Washington B. Terms Defined. Boulevard, Suite 330, Baltimore, MD 21230, or call 410-230-8789, (1) ―Career offender‖ means an individual whose behavior is or email to [email protected], or fax to 410-230-8727. pursued in an occupational manner or context for the purpose of Comments will be accepted through August 30, 2010. A public economic gain and who utilizes methods that are deemed by the hearing has not been scheduled. Commission as criminal violations that are inimical to the interests of the State. 14.01.12 Video Lottery Terminal Machines (2) ―Director‖ has the meaning stated in State Government Authority: State Government Article, Title 9, Subtitle 1A, Annotated Code of Article, §9-101(d), Annotated Code of Maryland. Maryland (3) ―Excluded individual‖ means an individual whose name and identifying information have been placed on the mandatory .03 [Reserved] Purchase or Lease of Video Lottery Terminal exclusion list. Machines; Manufacturer Incentives. (4) ―Mandatory exclusion list‖ means a list that is maintained A. The Commission shall: by the Commission and identifies those individuals whom the (1) Purchase or lease video lottery terminal machines for use Commission has directed to be mandatorily excluded or ejected by a in a facility; and video lottery operation licensee from any video lottery operation (2) Maintain control over the video lottery terminal machines licensed in the State. that it has purchased or leased. B. In deciding which video lottery machines to purchase or lease, .03 Mandatory Exclusion List. the Commission shall evaluate bids submitted by a manufacturer of A. The Commission shall establish a mandatory exclusion list. video lottery terminal machines based on: B. The Commission shall place on the mandatory exclusion list an (1) Price per machine for: individual who: (a) Purchase; (1) Is a career offender; (b) Lease; (2) Has been convicted of a criminal offense under the laws of (c) Fixed daily rate; the United States or any jurisdiction within the United States that is a (d) Percentage of proceeds; or criminal offense involving moral turpitude or a gambling offense; (e) Any other pricing option provided by a manufacturer; (3) Would adversely affect the interests of the State, the (2) The Commission’s projection of a machine price over: licensee, or the individual if the individual is present in the (a) A 5-year period; or establishment of a licensee;

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1085 (4) Is the subject of any administrative or judicial order (3) The availability of an appeal hearing before the directing the individual to stay away from a video lottery or other Commission; gaming facility; (4) The requirements for filing an appeal; (5) Presents a threat to the safety of any individual on the (5) That if no appeal is filed, the individual’s name shall premises of a video lottery facility; remain on the exclusion list; and (6) Engages in, or has a documented history of engaging in, (6) That the excluded individual is: disruption of a video lottery; (a) Prohibited from entering any video lottery facility in the (7) The Commission or a facility operator has a reasonable State; and belief has cheated, or attempted to cheat, at a facility by engaging in (b) Required to surrender any prizes won at a video lottery conduct including: facility after placement on the mandatory exclusion list. (a) Altering or misrepresenting the outcome of a game or C. Appeal. event on which bets have been placed; (1) An excluded individual may appeal placement on the (b) Placing, cancelling, increasing, or decreasing a bet mandatory exclusion list only by filing a written appeal to the based on knowledge that is not available to other players; Commission within 10 calendar days after receipt of the notice. (c) Claiming or collecting a prize from a video lottery (2) If the Commission decides that the excluded individual does facility that the individual did not win or earn or that the individual not meet any criteria under Regulation .03B of this chapter, the was not otherwise authorized to claim or collect; individual’s name shall be removed from the mandatory exclusion list (d) Manipulating a video lottery terminal, central monitor and the exclusion immediately terminated. and control system, or associated equipment or software to affect the (3) If the Commission decides that the excluded individual outcome of a game or bet; or meets any criteria under Regulation .03B of this chapter: (e) Altering the elements of chance or methods of selection (a) The individual’s name shall remain on the mandatory or criteria that determine the outcome of a game or bet; or exclusion list; (8) Engages in any conduct that would adversely affect public (b) The Commission shall notify all facility operators in the confidence in, or perception of, video lottery operation in the State. State of the individual’s addition to the mandatory exclusion list; C. The entry of an individual on the mandatory exclusion list shall (c) The individual may seek judicial review of the include at least the following identifying information: Commission’s decision; and (1) The individual’s: (d) The individual may request to be removed from the (a) Name, and any nickname or alias; mandatory exclusion list only as provided in Regulation .06 of this (b) Residential address; chapter. (c) Telephone numbers; (d) Gender; .05 Mandatory Surrender. (e) Physical description, including any birthmarks, scars, or An individual who receives notice of being placed on the tattoos; mandatory exclusion list shall immediately surrender to the (f) Race or ethnic origin; Commission all unredeemed items with monetary value that the (g) For non-United States citizens, country of origin; individual has received from a facility. (h) Photograph; and .06 Removal from Mandatory Exclusion List. (i) Social Security number; A. After an excluded individual has been on the mandatory (2) The date of placement on the mandatory exclusion list; exclusion list for at least 5 years, the individual may request removal (3) A brief statement of the basis for placing the individual on from the mandatory exclusion list. the mandatory exclusion list; and B. An excluded individual’s request under §A of this regulation (4) Any other information the Commission requires. shall be submitted to the Director in writing and shall include a D. The mandatory exclusion list and related records shall be detailed statement about why there is: considered a public record under State Government Article, §10-611, (1) Good cause for removal of the individual’s name from the Annotated Code of Maryland. list; and E. An individual who is placed on the mandatory exclusion list is (2) A material change in the individual’s circumstances since prohibited from collecting any prize from any game played at a the individual’s name was placed on the list. facility after the date of notice under Regulation .04B(1) of this C. The Commission shall hold a hearing on the excluded chapter. individual’s request for removal from the mandatory exclusion list. .04 Inclusion on Mandatory Exclusion List. D. If the Commission: A. Upon receipt of information that reasonably indicates an (1) Grants the request, it shall: individual meets any criteria under Regulation .03B of this chapter, (a) Remove the individual from the mandatory exclusion list; the Director shall: (b) Deliver to the individual by regular U.S. mail a notice of (1) Evaluate the information; removal from the mandatory exclusion list; and (2) Ensure that the information required under Regulation .03C (c) Notify the State’s facility operators of the individual’s of this chapter is complete; and removal from the voluntary exclusion list; or (3) Decide whether to place the individual on the mandatory (2) Denies the request, it shall deliver to the individual by exclusion list. regular U.S. mail a notice that the: B. If the Director places an individual on the mandatory exclusion (a) Request was denied; and list, staff shall deliver to the individual by regular U.S. mail a written (b) Individual shall remain on the mandatory exclusion list. notice explaining: .07 Judicial Review. (1) That the individual has been placed on a mandatory The Commission’s decision under Regulations .04C(2) and .07D exclusion list that will be distributed to all facility operators in the of this chapter may be subject to judicial review. State and be publicly available; (2) The factual basis for placing the individual on the .08 Enforcement. mandatory exclusion list; A facility operator:

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1086 A. May not knowingly fail to exclude or eject from the facility premises an excluded individual; Title 15 B. Shall notify the Commission if an excluded individual is excluded or ejected from the facility; DEPARTMENT OF C. May not permit an intoxicated individual or individual under the age of 21 to: AGRICULTURE (1) Play a video lottery terminal; or (2) Be in areas of the video lottery facility where video lottery Subtitle 08 TURF AND SEED terminals are located; and D. May not knowingly allow the following individuals to collect 15.08.04 Turf Grass Certification proceeds of a prize: Authority: Agriculture Article, §§ 9-102, 9-103(3), and 9-202, Annotated (1) An excluded individual who has been placed on the Code of Maryland mandatory exclusion list; or (2) An individual under the age of 21. Notice of Proposed Action [10-223-P] .09 Facility Exclusion Plan. The Secretary of Agriculture proposes to amend Regulations .02, A. A facility operator shall establish a plan for identifying and: .03, .05, .07, .08, and .10—.12 under COMAR 15.08.04 Turf Grass (1) Excluding or ejecting from a facility: Certification. (a) Excluded individuals; and (b) Individuals who may be eligible for placement on the Statement of Purpose mandatory exclusion list; and The purpose of this action is to clarify terms used in the Turf (2) Ensuring that intoxicated individuals and individuals under Grass Certification regulations and remove the option of out-of-State the age of 21 are not allowed: inspections and certification of turf grass. (a) To play video lottery terminals; and (b) In areas of the video lottery facility where video lottery Comparison to Federal Standards There is no corresponding federal standard to this proposed action. terminals are located. B. The plan required under §A of this regulation shall include at Estimate of Economic Impact least the following elements: The proposed action has no economic impact. (1) Goals; (2) Procedures and deadlines for implementation; Economic Impact on Small Businesses (3) Identification of facility personnel responsible for The proposed action has minimal or no economic impact on small implementation; businesses. (4) Responsibilities of facility personnel identified as Impact on Individuals with Disabilities responsible for implementation; The proposed action has no impact on individuals with disabilities. (5) Training for facility personnel on the requirements of this chapter; Opportunity for Public Comment (6) Regular monitoring of the mandatory exclusion list; Comments may be sent to Lois Capshaw, Program Director, (7) Regular monitoring of other states’ mandatory exclusion Maryland Department of Agriculture, Turf and Seed Section, 50 lists; Harry S. Truman Parkway, Annapolis, MD 21401, or call 410-841- (8) Prompt reports to the Commission about the presence on 5960, or email to [email protected], or fax to 410-841- facility premises of an individual who must be excluded from the 5969. Comments will be accepted through August 30, 2010. A public facility or prevented from playing video lottery terminals; and hearing has not been scheduled. (9) Any other element required by the Commission. C. A facility operator shall submit to the Commission for its .02 Definitions. A. (text unchanged) approval: B. Terms Defined. (1) The exclusion plan required under §A of this regulation at [(1) ―Approved turf grass‖ means a class of turf grass produced least 45 days before video lottery terminal operations are to and handled in such a manner as to meet the standards of that class. commence; (2) ―Certified seed‖ means seed that is progeny of Breeder, (2) Any amendments to a facility’s exclusion plan prior to Foundation, or Registered seed handled to maintain the standards of implementation; and that class. (3) An annual report describing the operation of the facility’s (3) ―Certified turf grass‖ means a class of turf grass produced exclusion plan. and handled in such a manner as to meet the standards of that class. STEPHEN L. MARTINO (4) ―Classes of certified turf grass‖ means Certified or Director Approved. State Lottery Agency (5) ―Cultivated turf grass‖ means turf grass which is reestablished from seed after each harvest.] (1) ―Certified seed‖ means seed that is progeny of Breeder, Foundation, or Registered seed handled to maintain the standards of that class. (2) ―Certified turf grass‖ means a class of turf grass produced and handled in such a manner as to meet the standards of that class. (3) ―Cultivated turf grass‖ means turf grass which is reestablished from seed after each harvest. (4) ―Department‖ means the Maryland Department of Agriculture.

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1087 (5) ―Field‖ means the entire area within a natural or man- .08 Issuance and Use of [Approved and] Certified Labels. made border, such as a road, fence, waterway, hedgerow, etc., that [A.] — [D.] (proposed for repeal) clearly defines the boundary. A. Turf grass complying with these regulations may be issued a (6) — (9) (text unchanged) Certified label. [(10) ―Turf grass‖ means grass sold as vegetative sod, plugs, or B. The participant shall attach the Certified label to the invoice or sprigs. delivery ticket accompanying each load or shipment. A participant (11) ―Turf grass record‖ means a form supplied by the may not provide a label after the turf grass has been delivered. Department of Agriculture to record the sod farms invoice number C. A participant may not claim turf grass as Certified unless and date of invoice for each certified or approved sod label utilized.] accompanied by a Certified label. (10) ―Participant‖ means the person applying to grow D. Certified turf grass labels will be valid for the following dates: Maryland certified turf grass. (1) May 1 through October 31; and (11) ―Turf grass‖ means grass sold as vegetative sod, plugs, or (2) November 1 through April 30. sprigs. (12) — (13) (text unchanged) .10 Certification Regulations for Specific Types of Turf Grass. A. Cultivated Turf Grasses. .03 Applications to Participate in Program. (1) (text unchanged) [A.] — [C.] (proposed for repeal) [(2) Cultivated Turf Grass Classes. A. Field Eligibility Application. (a) Certified turf grass shall be free of all grassy and (1) To establish the eligibility of a field to be used for the initial broadleaf weeds, relatively free of injurious insects, diseases, and production of certified turf grass, a participant shall submit a nematodes, and show good esthetic appearance. preplow inspection application to the Department at least 15 days in (b) Approved turf grass may contain a maximum of one advance of preparation or tilling of the proposed field. controllable crop or weed contaminant per a 10 square yard area but (2) The Department may not approve the eligibility of a field shall be relatively free of injurious insects, diseases, and nematodes, unless all noxious weeds or persistent objectionable grasses are and show good esthetic appearance.] controlled. (2) Certified Turf Grass shall be free of all grassy and (3) For warm season turf grass, a field shall be free of another broadleaf weeds, be relatively free of injurious insects, diseases, and warm season variety or kind for a period of 3 years. nematodes, and show good esthetic appearance. B. Program Participation. (3) Isolation. (1) After the Department has approved a field’s eligibility to (a) The participant shall use a minimum of 10 feet between participate in the certification program, a participant shall submit to each field of a different kind or variety, or between fields of certified the Department: and noncertified sod, unless a natural barrier, such as a fence or ditch, (a) An application, available from the Department, that has is present. [If this barrier exists, the participant may reduce the been completed; and minimum distance to 5 feet. If natural barriers are not present, semi (b) A map clearly establishing the location and permanent markers, able to stay in place until after a crop is identification of each field. harvested, shall be installed to delineate the field‘s boundaries.] (2) The application and map shall be submitted to the (b) (text unchanged) Department by: B. Vegetatively Propagated Turf Grass. (a) August 1 for seeded turf grass planted from January 1 to (1) Eligibility Requirements for Establishment Stock. June 30 of the current year; (a) (text unchanged) (b) February 1 for seeded turf grass planted from July 1 to (b) Minimum stock standards for vegetatively propagated December 31 of the previous year; turf grass production are as follows: (c) August 1 of each year for vegetative turf grass planted Turf**** from January 1 to June 30 of the current year; and Other Other Class Kinds Weeds Noxious (d) February 1 for established fields of vegetative turf grass. Varieties Turfgrasses Weeds (3) Late applications: (a) May be accepted by the Department; and Breeder Bermudagrass None None None None (b) May not be accepted later than November 1 if due Breeder Zoysia None None None None August 1, or May 1 if due February 1. Foundation Bermudagrass 0.0 5%* 0.05%** 0.02%*** None (4) The Department shall consider the submission of an Foundation Zoysia 0.05%* 0.05%** 0.02%*** None application as indicating the applicant’s intent to participate in the * 0.05% or 1 per square foot, whichever is less. certification program. ** Shall be free of bentgrass (Agrostis spp.), redtop (Agrostis .05 Management of Turf Grass. gigantea), rough bluegrass (Poa trivialis), ryegrass (Lolium spp.), tall A. — D. (text unchanged) fescue (Festuca arundinacea). E. The Department may not certify [or approve] turf grass unless it *** Shall be free of Canada thistle (Cirsium arvense), cheat and is uniform in density, color, and texture, and free of excessive chess (Bromus spp.), chickweed (Stellaria media), clover (Trifolium amounts of thatch, insects, diseases, nematodes, and any other spp.), meadow fescue (Festuca pratensis), panicum (Panicum spp.), abnormal condition. smooth brome (Bromus inermis), timothy (Phleum pratensis), velvetgrass (Holcus lanatus), wild garlic and wild onion (Allium .07 Harvesting Certified Turf Grass. spp.). A. Turf Sod. **** [COMAR 15.11.02.04] COMAR 15.08.01.05A—C

(1) — (2) (text unchanged) (c) — (e) (text unchanged) (3) A participant may not label turf sod as Certified [or (f) For a field to maintain certification it must remain in the Approved]: turf grass certification program continuously in accordance with (a) — (b) (text unchanged) Regulation .03A(3) of this chapter. (4) — (7) (text unchanged) [(2) Vegetatively Propagated Turf Grass Classes. B. — C. (text unchanged) (a) Certified turf grass shall: MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1088 (i) Be free of grassy and broadleaf weeds; (ii) Be relatively free of injurious insects, disease, and Title 30 nematodes; and (iii) Show good esthetic appearance. MARYLAND INSTITUTE (b) Approved turf grass: (i) May contain a maximum of one controllable crop or FOR EMERGENCY weed contaminant per 10 square yard area; (ii) Shall be relatively free of injurious insects, diseases; MEDICAL SERVICES and (iii) Shall show good esthetic appearance.] SYSTEMS (MIEMSS) (2) Certified turf grass shall: (a) Be free of grassy and broadleaf weeds; Subtitle 02 EMERGENCY MEDICAL (b) Be relatively free of injurious insects, disease, and nematodes; and SERVICES PROVIDERS (c) Show good esthetic appearance. 30.02.02 Licensure and Certification (3) (text unchanged) Authority: Education Article, §13-516, Annotated Code of Maryland .11 Fees. [A.] — [C.] (proposed for repeal) Notice of Proposed Action A. Field Eligibility Inspection. An applicant having new land [10-211-P] inspected for eligibility shall be assessed by the Department at a rate The State Emergency Medical Services Board proposes to repeal of $1.50/acre, with a $50 minimum fee per inspection. existing Regulation .07 and adopt new Regulation .07 under B. Participation Application Fees. COMAR 30.02.02 Licensure and Certification. This action was (1) The Department shall assess each applicant making considered and approved by the State Emergency Medical Services application for fields seeded in the previous 6 months a one-time fee Board at its regular meeting on April 13, 2010. per acre per crop, in accordance with Regulation .03B(2)(a) and (b) of this chapter. Statement of Purpose (2) The Department shall assess each applicant making The purpose of this action is to increase the options for renewing application for fields maintained in vegetatively propagated turfgrass Emergency Medical Technician-Basic certification while ensuring a yearly fee per acre per crop. continued competency. (3) Turf Grass Fees. Comparison to Federal Standards (a) For seeded turf grass, the one-time application fee per There is no corresponding federal standard to this proposed action. acre per crop is $9.00 per acre. (b) For vegetative turf grass, the once-per-year application Estimate of Economic Impact fee per acre per crop for all acreage planted or maintained is $6.00 I. Summary of Economic Impact. It is expected there will be per acre. cost savings to agencies that provide training for EMS providers. (4) The minimum application fee is $50. However, that impact is not quantifiable. There will be a positive (5) Late Fees. Applications and payments which are not impact on individual EMS providers seeking renewal of their received by the Department within 30 days past the due date shall be certificates in that the process is streamlined. assessed a late fee of $100. Revenue (6) Overseeding Fees. Fields that have been overseeded within (R+/R-) 6 months of the original seeding date as a result of natural disasters, such as drought, floods, or storms shall receive no additional charge Expenditure provided: II. Types of Economic Impact. (E+/E-) Magnitude (a) The participant identifies which field was overseeded and notifies the Department in writing; and

(b) The lot of seed used for the overseeding is identified and is comparable and compatible with that which was planted A. On issuing agency: NONE originally. B. On other State agencies: (E-) Unquantifiable .12 Violations. C. On local governments: (E-) Unquantifiable The Secretary may: A. Refuse to certify the turf grass of [an applicant] a participant Benefit (+) who violates any provision of this chapter. Cost (-) Magnitude B. (text unchanged)

EARL F. HANCE Secretary of Agriculture D. On regulated industries or trade groups: NONE E. On other industries or trade groups: NONE F. Direct and indirect effects on public: NONE

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1089 III. Assumptions. (Identified by Impact Letter and Number from F. If applying for renewal as a CRT the individual shall submit to Section II.) MIEMSS evidence of: B. It is expected there will be cost savings to agencies that provide (1) Current active status registration as an EMT-Intermediate 99 or higher with the National Registry of Emergency Medical training for EMS providers. Technicians; or C. It is expected there will be a cost savings to agencies that (2) If applying for renewal as a CRT who has completed the provide training for EMS providers. CRT update program but did not gain NREMT-I99 status, documentation of completion of all continuing education and skills Economic Impact on Small Businesses proficiency verification requirements equivalent to the standards The proposed action has minimal or no economic impact on small required for re-registration as an EMT-I/99 with the National businesses. Registry of Emergency Medical Technicians. Impact on Individuals with Disabilities G. If applying for renewal as an EMT-P, the individual shall The proposed action has no impact on individuals with disabilities. submit to MIEMSS evidence of current active status registration as an EMT-Paramedic with the National Registry of Emergency Opportunity for Public Comment Medical Technicians; Comments may be sent to William Seifarth, Director, Office of H. If applying for renewal as an EMD the individual shall submit Licensure and Certification, Maryland Institute for Emergency evidence of: Medical Services Systems, 653 Pratt Street, Baltimore, Maryland (1) Continued, active status registration with an approved 21201, or call 800-762-7157, or email to [email protected]. national EMD program; or Comments will be accepted through August 30, 2010. A public (2) Successful completion of 24 hours of approved EMD- hearing has not been scheduled. related continuing education offered by an approved EMD .07 Renewal. educational program. A. At least 8 weeks before the expiration date of each license or I. Approved online or distributive learning may be utilized to certificate, MIEMSS shall mail renewal notices to each EMS provider achieve the continuing education requirements. whose license or certificate is expiring. The renewal notice shall be J. MIEMSS may extend a license or certificate for up to 6 months sent to the EMS provider’s most recent address on file with the upon receipt of a written request for an extension before the MIEMSS Office of Education, Licensure, and Certification, based on expiration date. the initial application or information as updated by the EMS provider K. Upon completion of the requirements for renewal, the under Regulation .06F this chapter. individual shall receive a certificate or license valid for the B. The renewal notice shall state the date the current licensure or appropriate certification or licensure period minus the period of any certification expires. extension. C. An EMS provider who wishes to renew a license or certificate ROBERT R. BASS before the expiration date shall submit a completed application to Executive Director MIEMSS on a form approved by MIEMSS at least 2 weeks before the expiration date together with verification of any required affiliation including verification of protocol currency. Title 31 D. If applying for renewal as a first responder, the individual shall submit to MIEMSS evidence of: MARYLAND INSURANCE (1) Current active status registration as a first responder or higher with the National Registry of Emergency Medical ADMINISTRATION Technicians; (2) Successful completion a 12-hour refresher course; or (3) Successful completion of: Subtitle 04 INSURERS (a) A 6-hour or greater skills proficiency course; and 31.04.14 Life and Health Insurance Guaranty (b) Two hours of: (i) Medical knowledge training; Corporation Coverage — Notice Requirements (ii) Trauma knowledge training; and Authority: Insurance Article, §§2-109 and 9-414, Annotated Code of (iii) Affiliation optional training; Maryland E. If applying for renewal as an EMT-B the individual shall submit to MIEMSS evidence of: Notice of Proposed Action (1) Current active status registration as an EMT-Basic or [10-219-P] higher with the National Registry of Emergency Medical The Acting Insurance Commissioner proposes to amend Technicians; Regulation .03 under COMAR 31.04.14 Life and Health Insurance (2) Successful completion of a 24-hour refresher course; Guaranty Corporation Coverage — Notice Requirements. (3) Successful completion of: Statement of Purpose (a) An approved skills competency evaluation and; The purpose of this action is to bring the required notice into (b) 12 hours of approved continuing education content, compliance with the changes made by HB 435, Ch. 414, Acts of including online competency-based courses, or traditional classroom 2010. Additionally, where possible the Administration amended the content; or notice to comply with the guidelines provided by the National (4) Successful completion of: Association of Insurance Commissioners. (a) A 12-hour or greater skills proficiency course; and (b) Four hours of: Comparison to Federal Standards (i) Medical knowledge training; There is no corresponding federal standard to this proposed action. (ii) Trauma knowledge training; and (iii) Affiliation optional training. Estimate of Economic Impact The proposed action has no economic impact. MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1090 Economic Impact on Small Businesses Insurance companies and agents are not allowed by Maryland The proposed action has minimal or no economic impact on small law to use the existence of the Corporation or its coverage to businesses. encourage you to purchase any form of insurance. When selecting an insurance company, you should not rely on Impact on Individuals with Disabilities Corporation coverage. If there is any inconsistency between this The proposed action has no impact on individuals with disabilities. notice and Maryland law, then Maryland law will control. Opportunity for Public Comment ELIZABETH SAMMIS Comments may be sent to Alexis E. Gibson, Regulations Acting Insurance Commissioner Coordinator, Maryland Insurance Administration, 200 St. Paul Place, Suite 2700, Baltimore, MD 21202, or call (410) 468-2011, or email to [email protected], or fax to (410) 468-2020. Subtitle 10 HEALTH INSURANCE — Comments will be accepted through August 30, 2010. A public hearing has not been scheduled. GENERAL .03 Required Notice. 31.10.25 Required Standard Provisions for A. (text unchanged) Individual Nonprofit Health Service Plan B. The notice required in §A of this regulation shall be in at least 12-point type and shall read as follows: Contracts [NOTICE] (proposed for repeal) Authority: Insurance Article, §12-203(g), Annotated Code of Maryland

NOTICE OF PROTECTION PROVIDED BY MARYLAND LIFE Notice of Proposed Action AND HEALTH INSURANCE GUARANTY CORPORATION [10-077-R] This notice provides a brief summary of the Maryland Life and The Acting Insurance Commissioner proposes to amend Health Insurance Guaranty Corporation (the Corporation) and the Regulations .02 and .04 under COMAR 31.10.25 Required protection it provides for policyholders. This safety net was created Standard Provisions for Individual Nonprofit Health Service under Maryland law, which determines who and what is covered and Plan Contracts. Because substantive changes have been made to the the amounts of coverage. original proposal as published in 37:4 Md. R. 376—377 (February The Corporation is not a department or unit of the State of 12, 2010), this action is being reproposed at this time. Maryland and the liabilities or debts of the Life and Health Insurance Guaranty Corporation are not liabilities or debts of the State of Statement of Purpose Maryland. The purpose of this action is to define ―coverage period‖ and The Corporation was established to provide protection in the specify when a carrier may obtain funds from the consumer prior to unlikely event that your life, annuity, or health insurance company the premium due date. The intent of the amendments as a whole, is to becomes financially unable to meet its obligations and is taken over clarify that the premium is due on the date the coverage period by its Insurance Department. If this should happen, the Corporation begins. The amendments address confusion within the industry will typically arrange to continue coverage and pay claims, in regarding when payment can be expected for coverage. accordance with Maryland law, with funding from assessments paid by other insurance companies. Comparison to Federal Standards The basic protections provided by the Corporation are: There is no corresponding federal standard to this proposed action. • Life Insurance Estimate of Economic Impact ○ $300,000 in death benefits The proposed action has no economic impact. ○ $100,000 in cash surrender or withdrawal values • Health Insurance Economic Impact on Small Businesses ○ $300,000 in health insurance benefits, including net cash The proposed action has minimal or no economic impact on small surrenders and net cash withdrawal values businesses. • Annuities Impact on Individuals with Disabilities ○ $250,000 in withdrawal and cash values The proposed action has no impact on individuals with disabilities. The maximum amount of protection for each individual, regardless of the number of policies or contracts, are the amounts Opportunity for Public Comment listed above. Comments may be sent to Alexis E. Gibson, Regulations NOTE: Certain policies and contracts may not be covered or Coordinator, Maryland Insurance Administration, 200 St. Paul Place, fully covered. For example, coverage does not extend to any Suite 2700, Baltimore MD 21202, or call 410-468-2011, or email to portion(s) of a policy or contract that the insurer does not guarantee, [email protected], or fax to 410-468-2020. such as certain investment additions to the account value of a variable Comments will be accepted through August 30, 2010. A public life insurance policy or a variable annuity contract. There are also hearing has not been scheduled. various residency requirements and other limitations under Maryland law. To learn more about the above protections, please visit the Corporation‘s website at www.mdlifega.org, or contact:

Maryland Life and Health Maryland Insurance Insurance Guaranty Corporation Administration 9199 Reisterstown Road 200 St. Paul Place, Suite 2700 P.O. Box 671—Suite 216C Baltimore, Maryland.21202 Owings Mills, Maryland.21117 1-800-492-6116, ext. 2170 410-998-3907

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1091 The proposed action has no economic impact. Ed. Note: Pursuant to State Government Article, §10-113, Annotated Code of Maryland, if a promulgating agency substantively alters the Economic Impact on Small Businesses text of regulations that have been previously proposed in the The proposed action has minimal or no economic impact on small Maryland Register, the altered text must be published in the businesses. Maryland Register as though it were initially proposed. The text of regulations appearing immediately below has been altered Impact on Individuals with Disabilities substantively from the initially proposed text. The proposed action has no impact on individuals with disabilities. Symbols: Roman type indicates existing text of regulations. Italic Opportunity for Public Comment type indicates initially proposed new text. Helvetica Bold Italic Comments may be sent to Alexis E. Gibson, Regulations type indicates new text that substantively alters the text as initially Coordinator, Maryland Insurance Administration, 200 St. Paul Place, proposed. [Single brackets] indicate existing text proposed for repeal. Suite 2700, Baltimore MD 21202, or call 410-468-2011, or email to [[[Triple brackets]]] indicate text proposed for deletion which [email protected], or fax to 410-468-2020. substantively alters the originally proposed text. Comments will be accepted through August 30, 2010. A public hearing has not been scheduled.

.02 Definitions. Ed. Note: Pursuant to State Government Article, §10-113, Annotated Code of Maryland, if a promulgating agency substantively alters the A. (originally proposed text unchanged) text of regulations that have been previously proposed in the B. Terms Defined. Maryland Register, the altered text must be published in the (1)—(2) (originally proposed text unchanged) Maryland Register as though it were initially proposed. The text of (2-1) ―Coverage period‖ means the interval of time the regulations appearing immediately below has been altered individual contract provides protection to the insured, in exchange substantively from the initially proposed text. for the payment of a particular premium. Symbols: Roman type indicates existing text of regulations. Italic (3)—(7) (originally proposed text unchanged) type indicates initially proposed new text. Helvetica Bold Italic .04 Standard Provisions. type indicates new text that substantively alters the text as initially A.—L. (originally proposed text unchanged) proposed. [Single brackets] indicate existing text proposed for repeal. M. Premium Due Date. [[[Triple brackets]]] indicate text proposed for deletion which (1)—(3) (originally proposed text unchanged) substantively alters the originally proposed text. (4) If the subscriber elects an electronic payment, the carrier may not debit or charge the amount of the premium due prior to the .02 Definitions. premium due date, except as authorized by the subscriber. A. (originally proposed text unchanged) B. Terms Defined. ELIZABETH SAMMIS (1) ―Coverage period‖ means the interval of time the Acting Insurance Commissioner individual health insurance contract provides protection to the insured, in exchange for the payment of a particular premium. Subtitle 10 HEALTH INSURANCE — [(1)] (2)—[(2)] (3) (originally proposed text unchanged) GENERAL .05 Premium Due Date. 31.10.28 Individual Health Insurance Contracts A.—C. (originally proposed text unchanged) D. If the individual policyholder elects an electronic payment, the — Standard Provisions and Exclusions insurer may not debit or charge the amount of the premium due prior Authority: Insurance Article, §§2-109, 12-203(g), and 12-209(4), Annotated to the premium due date, except as authorized by the Code of Maryland individual policyholder. [Chapter 26, Acts of 2001] ELIZABETH SAMMIS Notice of Proposed Action Acting Insurance Commissioner [10-078-R] The Acting Insurance Commissioner proposes to amend Regulation .02 and adopt new Regulation .05 under COMAR Subtitle 11 HEALTH INSURANCE — 31.10.28 Individual Health Insurance Contracts—Standard GROUP Provisions and Exclusions. Because substantive changes have been made to the original proposal as published in 37:4 Md. R. 377 31.11.10 Required Standard Provisions (February 12, 2010), this action is being reproposed at this time. Authority: Insurance Article, §12-203(g), Annotated Code of Maryland Statement of Purpose Notice of Proposed Action The purpose of this action is to define ―coverage period‖ and specify when a carrier may obtain funds from the consumer prior to [10-080-R] the premium due date. The intent of the changes as a whole, are to The Acting Insurance Commissioner proposes to amend clarify that the premium is due on the date the coverage period Regulations .02 and .04 under COMAR 31.11.10 Required begins. The proposal clarifies confusion within the industry regarding Standard Provisions. Because substantive changes have been made when payment can be expected for coverage. to the original proposal as published in 37:4 Md. R. 377—378 (February 12, 2010), this action is being reproposed at this time. Comparison to Federal Standards There is no corresponding federal standard to this proposed action. Statement of Purpose Estimate of Economic Impact

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1092 The purpose of this action is to define ―coverage period‖ and Subtitle 12 HEALTH MAINTENANCE specify when a carrier may obtain funds from the consumer prior to the premium due date. The intent of the amendments as a whole, are ORGANIZATIONS; ENTITIES THAT to clarify that the premium is due on the date the coverage period begins. The amendments clarify confusion within industry regarding ACT AS HEALTH INSURERS when payment can be expected for coverage. 31.12.07 Required Standard Provisions Comparison to Federal Standards Authority: Insurance Article, § 12-203(g); Health-General Article, §19-713(f); There is no corresponding federal standard to this proposed action. Annotated Code of Maryland Estimate of Economic Impact Notice of Proposed Action The proposed action has no economic impact. [10-079-R] Economic Impact on Small Businesses The Acting Insurance Commissioner proposes to amend The proposed action has minimal or no economic impact on small Regulations .02, .04, and .05 under COMAR 31.12.07 Required businesses. Standard Provisions. Because substantive changes have been made to the original proposal as published in 37:4 Md. R. 379 (February Impact on Individuals with Disabilities 12, 2010), this action is being reproposed at this time. The proposed action has no impact on individuals with disabilities. Statement of Purpose Opportunity for Public Comment The purpose of this action is to define ―coverage period‖ and Comments may be sent to Alexis E. Gibson, Regulations specify when a carrier may obtain funds from the consumer prior to Coordinator, Maryland Insurance Administration, 200 St. Paul Place, the premium due date. The intent of the amendments as a whole, are Suite 2700, Baltimore MD 21202, or call 410-468-2011, or email to to clarify that the premium is due on the date the coverage period [email protected], or fax to 410-468-2020. begins. The amendments clarify confusion within industry regarding Comments will be accepted through August 30, 2010. A public when payment can be expected for coverage. hearing has not been scheduled. Comparison to Federal Standards Ed. Note: Pursuant to State Government Article, §10-113, Annotated There is no corresponding federal standard to this proposed action. Code of Maryland, if a promulgating agency substantively alters the text of regulations that have been previously proposed in the Estimate of Economic Impact Maryland Register, the altered text must be published in the The proposed action has no economic impact. Maryland Register as though it were initially proposed. The text of Economic Impact on Small Businesses regulations appearing immediately below has been altered The proposed action has minimal or no economic impact on small substantively from the initially proposed text. businesses. Symbols: Roman type indicates existing text of regulations. Italic type indicates initially proposed new text. Helvetica Bold Italic Impact on Individuals with Disabilities type indicates new text that substantively alters the text as initially The proposed action has no impact on individuals with disabilities. proposed. [Single brackets] indicate existing text proposed for repeal. Opportunity for Public Comment [[[Triple brackets]]] indicate text proposed for deletion which Comments may be sent to Alexis E. Gibson, Regulations substantively alters the originally proposed text. Coordinator, Maryland Insurance Administration, 200 St. Paul Place, .02 Definitions. Suite 2700, Baltimore MD 21202, or call (410) 468-2011, or email to A. (originally proposed text unchanged) [email protected], or fax to (410) 468-2020. B. Terms Defined. Comments will be accepted through August 30, 2010. A public hearing has not been (1)—(2) (originally proposed text unchanged) (2-1) ―Coverage period‖ means the interval of time the blanket Ed. Note: Pursuant to State Government Article, §10-113, Annotated health insurance contract or group health insurance contract Code of Maryland, if a promulgating agency substantively alters the provides protection, in exchange for the payment of a text of regulations that have been previously proposed in the particular premium. Maryland Register, the altered text must be published in the (3)—(8) (originally proposed text unchanged) Maryland Register as though it were initially proposed. The text of regulations appearing immediately below has been altered .04 Group Health Insurance Standard Provisions. substantively from the initially proposed text. A.—M. (originally proposed text unchanged) N. Premium Due Date. Symbols: Roman type indicates existing text of regulations. Italic (1)—(3) (originally proposed text unchanged) type indicates initially proposed new text. Helvetica Bold Italic (4) If the group policyholder elects an electronic payment, the type indicates new text that substantively alters the text as initially carrier may not debit or charge the amount of the premium due prior proposed. [Single brackets] indicate existing text proposed for repeal. to the premium due date, except as authorized by the group [[[Triple brackets]]] indicate text proposed for deletion which substantively alters the originally proposed text. policyholder. ELIZABETH SAMMIS .02 Definitions. Acting Insurance Commissioner A. (originally proposed text unchanged) B. Terms Defined. (1) ―Coverage period‖ means the interval of time the individual contract or group contract provides protection, in exchange for the payment of a particular premium. [(1)] (1-1) (originally proposed text unchanged) (3)—(6) (originally proposed text unchanged)

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1093 .04 Group Contract Standard Provisions. be accepted through August 30, 2010. A public hearing has not been A.—M. (originally proposed text unchanged) scheduled. N. Premium Due Date. (1)—(3) (originally proposed text unchanged) .08 Approvals. (4) If the group contract holder elects an electronic payment, A. (text unchanged) the HMO may not debit or charge the amount of the premium due B. Board of Public Works Approval. The Secretary shall submit to prior to the premium due date, except as authorized by the the Board of Public Works for final approval action: group contract holder. (1) (text unchanged) (2) Grants, emergency project grants, and Trust direct .05 Individual Contract Standard Provisions. expenditures for education and promotion [which are over $50,000 A.—G. (originally proposed text unchanged) and] which are to be funded with the proceeds of a sale of State H. Premium Due Date. general obligation bonds. (1)—(3) (originally proposed text unchanged) C. — D. (text unchanged) (4) If the subscriber elects an electronic payment, the HMO RICHARD E. HALL may not debit or charge the amount of the premium due prior to the Secretary of Planning premium due date, except as authorized by the subscriber.

ELIZABETH SAMMIS Acting Insurance Commissioner Subtitle 04 HISTORICAL AND CULTURAL PROGRAMS Title 34 34.04.09 Maryland Historical Trust African DEPARTMENT OF American Heritage Preservation Grant Authority: State Finance and Procurement Article, §§5-7B-01—5-7B-10 and 5A-330, Annotated Code of Maryland; Executive Orders 01.01.1992.27C and PLANNING 01.01.1998.04 Subtitle 04 HISTORICAL AND Notice of Proposed Action CULTURAL PROGRAMS [10-224-P] The Maryland Department of Planning and the Commission on 34.04.01 Maryland Historical Trust Historic African American History and Culture propose to adopt new Preservation Grant Program Regulations .01—.11 under a new chapter, COMAR 34.04.09 Maryland Historical Trust African American Heritage Authority: State Finance and Procurement Article, §§5-7B-01—5-7B-10 and Preservation Grant. 5A-328[;], Annotated Code of Maryland; Executive Orders 01.01.1992.27C and 01.01.1998.04 Statement of Purpose The purpose of this action is to establish the policies, procedures, Notice of Proposed Action and authorizations for administering the African American Heritage [10-230-P] Preservation Grant Program of the Maryland Historical Trust, an The Maryland Department of Planning proposes to amend agency within the Division of Historical and Cultural Programs of the Regulation .08 under COMAR 34.04.01 Maryland Historical Trust Department of Planning, and comply with statute and the revised Historic Preservation Grant Program. Board of Public Works directive. Statement of Purpose Comparison to Federal Standards The purpose of this action is to amend the approval process for the There is no corresponding federal standard to this proposed action. Maryland Historical Trust Preservation Grant Program in accordance Estimate of Economic Impact with statute and bring it into compliance with a certain Board of I. Summary of Economic Impact. The proposed action has an Public Works directive which requires that awards of all grants and economic impact. expenditures to be funded from the sale of State general obligation bonds be approved by the Board of Public Works. Revenue (R+/R-) II. Types of Economic Expenditure Comparison to Federal Standards Impact. (E+/E-) Magnitude There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact. A. On issuing agency: NONE Economic Impact on Small Businesses B. On other State The proposed action has minimal or no economic impact on small agencies: (R+) Indeterminable businesses. C. On local governments: (R+) Indeterminable Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities. Benefit (+) Opportunity for Public Comment Cost (-) Magnitude Comments may be sent to Elizabeth Hughes, Deputy Director,

Maryland Historical Trust, 100 Community Place, Crownsville, MD 21032-2023, or call 410-514-7604, or email to [email protected], or fax to 410-514-7678. Comments will D. On regulated industries NONE MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1094 or trade groups: (5) ―Business entity‖ means a corporation, association, E. On other industries or partnership, joint venture, or other legally organized entity. (6) ―Capital project‖ or ―project‖ means the acquisition of trade groups: (+) Indeterminable land or buildings for, or construction on or improvement of, an F. Direct and indirect African American heritage project, with an expected useful life of at effects on public: (+) Indeterminable least 15 years. III. Assumptions. (Identified by Impact Letter and Number from (7) ―Code‖ means the Annotated Code of Maryland, as Section II.) amended. B. State agencies are eligible to receive grants under the Program. (8) ―Commission‖ means the Commission on African American History and Culture, a unit in the Governor’s Office of Community C. Local governments are eligible to receive grants from the Initiatives. Program. (9) Construction or Improvement. E. Nonprofits and other businesses are eligible to receive grants (a) ―Construction or improvement‖ means planning, design, from the Program. engineering, alteration, construction, reconstruction, enlargement, F. The public will benefit from projects funded by the Program expansion, extension, improvement, replacement, rehabilitation, which will assist with the identification and preservation of buildings, renovation, upgrading, repair, or capital equipping. sites, and communities of historical and cultural importance to the (b) ―Construction or improvement‖ includes archeology African American experience in Maryland. and other predevelopment costs necessary for preparation of plans, designs, or engineering. Economic Impact on Small Businesses (10) ―County‖ means any of the 23 counties of the State and The proposed action has minimal or no economic impact on small the Mayor and City Council of Baltimore. businesses. (11) ―Department‖ means the Department of Planning. (12) ―Director‖ means the Director of the Maryland Historical Impact on Individuals with Disabilities Trust. The proposed action has an impact on individuals with disabilities (13) ―Grant‖ means an award of financial assistance from the as follows: Fund. The proposed action has minimal or no impact on individuals with (14) ―Grant documents‖ means the grant agreement and other disabilities. The Program may fund ADA improvements. documents between the grantee and the Trust which evidence the Opportunity for Public Comment terms and conditions of the grant. Comments may be sent to Elizabeth Hughes, Deputy Director, (15) ―Grantee‖ means the recipient of a grant. Maryland Historical Trust, 100 Community Place, Crownsville, MD (16) ―Historic property‖ means a district, site, building, 21032-2023, or call 410-514-7604, or email to structure, monument, or object significant in the prehistory, history, [email protected], or fax to 410-514-7678. Comments will upland and underwater archaeology, architecture, engineering, and be accepted through August 30, 2010. A public hearing has not been culture of the State, which is listed in or is eligible for listing in the scheduled. Maryland Register of Historic Properties. (17) ―Local jurisdiction‖ means any county or municipality .01 General. and any duly authorized agency or instrumentality of the county or These regulations prescribe the policies, procedures, and municipality. authorizations for administering the African American Heritage (18) ―Maryland Register of Historic Properties‖ means the Preservation Grant Program, a joint partnership of the Maryland register of historic properties in Maryland which is established by the Historical Trust and the Maryland Commission on African American Trust under State Finance and Procurement Article, §5A-323, History and Culture. Annotated Code of Maryland. (19) ―Municipality‖ means a municipal corporation in .02 Objective. Maryland subject to the provisions of Article XI-E of the Maryland The objective of the Program is to provide a source of grant Constitution. funding to local jurisdictions, nonprofit organizations, business (20) ―Nonprofit organization‖ means a corporation, entities, and individuals, to assist efforts to identify and preserve foundation, governmental entity, or other legal entity, no part of the buildings, communities, and sites of historical and cultural net earnings of which inures to the benefit of any private shareholder importance to the African American experience in Maryland. or individual holding an interest in such entity. .03 Definitions. (21) ―Program‖ means the African American Heritage A. In this chapter, the following terms have the meanings Preservation Grant Program of the Trust established by the Act. indicated. (22) ―Rehabilitation‖ means the act or process of returning an B. Terms Defined. historic property to a state of utility through repair or alteration (1) ―Acquisition‖ means the act or process of acquiring fee which makes possible an efficient contemporary use while preserving title or an interest other than fee title of historic property, including those portions or features which are significant to its historical and the purchase or acquisition of preservation easements, leasehold cultural values. estates subject to ground rents, development rights, or remainder (23) ―Restoration‖ means the act or process of applying interests. measures to sustain the existing form, integrity, and material of an (2) ―Act‖ means State Finance and Procurement Article, §§5A- historic property or of accurately recovering the form and details of 301 and 5A-330, Annotated Code of Maryland, as amended. an historic property as it appeared at a particular period of time by (3) ―African American heritage project‖ means a building, means of the removal of later work or by the replacement of missing site, or community of historical or cultural importance to the African earlier work. American experience in Maryland. (24) ―Secretary‖ means the Secretary of Planning. (4) ―Board of Trustees‖ or ―Trustees‖ means the Board of (25) ―Trust‖ means the Maryland Historical Trust, an agency Trustees of the Maryland Historical Trust. within the Division of Historical and Cultural Programs of the Department. MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1095 (d) The Trust and the Commission jointly shall issue a press .04 Eligible Grantees. release containing the public announcement. A. The following are eligible to apply for grants under the (3) On or before July 15 each year, an application may be Program, subject to meeting the grant selection criteria under submitted to the Trust for a grant under the Program for the Regulation .06B of this chapter: following fiscal year. (1) Nonprofit organizations; (4) Applications shall be made upon standard forms prescribed (2) Local jurisdictions; jointly by the Trust and the Commission. Each application shall (3) Individuals; and include: (4) Business entities. (a) A description of the scope and purpose of the project; B. Nonprofit organizations and business entities shall be in good (b) A building plan that includes the estimated total cost of standing, qualified to do business in Maryland, and have the legal the project; and capacity and all necessary legal authority to incur the obligations (c) Sufficient information and documentation to: involved in the grants provided under the Program. (i) Evaluate the historical or cultural significance of the .05 Eligible Activities. property; A. General Activities. The Trust may provide grants from funds (ii) Determine the relationship of the project to the types appropriated for the Program to any eligible grantee for a capital of projects that the Trust and the Commission have noted for special project. consideration under §A(2)(b) of this regulation; B. Ineligible Activities. If the project involves a historic property, (iii) Determine the ownership and all lessees or the project is not eligible for a grant if: substantial users of the property; (1) The project does not meet the Secretary of the Interior’s (iv) Evaluate the current and proposed condition and use Standards for Treatment of Historic Properties; or of the property; (2) Acquisition, protection, stabilization, preservation, (v) Evaluate the extent, if any, to which the proposed rehabilitation, restoration, or reconstruction of the property is activity will change the type of use or increase the intensity of the already under way or completed at the time a grant application is existing use of the property; submitted. (vi) Evaluate the nature and cost of the proposed activity; C. The project shall be located within a priority funding area as (vii) Evaluate the readiness of the project to initiate described in State Finance and Procurement Article, §5-7B-02, activity and to be completed within an established time frame; Annotated Code of Maryland, unless the Secretary determines in the (viii) Evaluate the administrative capability of the Secretary’s sole discretion that the project is: applicant; (1) A tourism facility or museum that is required to be located (ix) Determine the level of contribution by the away from development because it must be in proximity to a specific appropriate local jurisdiction to support the project; and historic, natural, or cultural resource; or (x) Support other factors as determined necessary by the (2) Necessary to: Trust and the Commission. (a) Protect public safety or health; (5) The Trust and the Commission may fund applications at (b) Alleviate personal economic hardship in an emergency levels lower than requested. Not all applicants may be funded. situation; B. Selection Criteria. (c) Secure an easement that restricts further development of (1) The Trust and the Commission shall review and evaluate a historic property or encourage preservation of the historic integrity grant applications in accordance with the following selection of the property; criteria: (d) Carry out a project approved under a certified heritage (a) Relative historical or cultural significance of the African area management plan; American heritage project to be assisted by a grant; (e) Avoid a conflict with federal law; or (b) Public need and urgency of the need for the project; (f) Relieve an inequity or carry out the purposes of the (c) If applicable, the project’s degree of relationship to the Program, consistent with the purposes of State Finance and types of projects that the Trust and the Commission have noted for Procurement Article, Title 5, Subtitle 7B, Annotated Code of special consideration under §A(2)(b) of this regulation; Maryland. (d) Estimated cost and timeliness of the project; (e) Extent to which the project will contribute to the .06 General Grant Allocation Procedures. cumulative equitable Statewide geographic distribution of funds A. Application Solicitation. based on the concentration of historic properties; (1) On or before May 15 each year, the Trust and the (f) Inclusion of long-term preservation measures that will Commission jointly shall solicit applications for the award of grants protect the African American heritage property; under the Program. (g) Comprehensiveness of the scope of the project; (2) On or before May 15 each year, the Trust and the (h) Administrative capability of the applicant; Commission jointly shall issue a public announcement of the (i) Extent to which the project stimulates or promotes other availability of funds under the Program as follows: African American heritage preservation activities; (a) The announcement shall consist of a description of the (j) Informational and educational value of the project; application process, total anticipated funding available, eligible (k) Demonstration and innovation value of the project; grantees and activities, and the timetable for application submission, (l) Need for additional sources of funding for the project; project selection, and grant award; (m) Viability of matching funds for the project; (b) The announcement may contain suggested (n) Readiness of the project to initiate activity and to be recommendations on the types of projects to which the Trust and the completed within an established time frame; and Commission intend to give special consideration for funding; (o) Additional criteria which the Trust and the Commission (c) The Trust and the Commission jointly shall endeavor to consider to be appropriate. send direct mail or email announcements to African American (2) The Trust and the Commission may assign differing weights heritage preservation organizations and other related organizations to the criteria set forth in §B(1) of this regulation and the weights Statewide; and may vary from time to time. MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1096 .07 Approvals. in form and substance satisfactory to the Trust. The deed of easement A. Departmental Approval. may also contain conditional lien provisions and other provisions (1) On or before July 15 each year, the Trust shall accept for which require reimbursement of the grant if the encumbrance of the review all grant applications from eligible applicants postmarked or deed of easement is extinguished by the foreclosure of a prior lien or received by the due date. The applicant shall submit an application in otherwise or if the deed of easement is determined not to be legally duplicate, and the Trust promptly shall deliver one copy to the enforceable by the Trust for any reason. The grantee shall record the Commission. The Trust staff shall review and analyze all deed of easement among the land records of the political subdivision applications, recommend whether proposed activities are eligible, in which the real property is situated. and transmit Trust staff comments to the Commission. (b) If the African American heritage property assisted by the (2) On or before October 1 each year, the Commission shall grant is historic property other than real property, the grantee and review all applications and Trust staff comments and shall evaluate, the owner of the property if the owner is not the grantee, shall enter rank, and recommend funding levels for eligible applications. The into an agreement with the Trust or an entity acceptable to the Trust Commission shall transmit to the Board of Trustees eligible to preserve and maintain the property in such manner and duration application summaries, Commission rankings, and funding levels as is acceptable to the Trust. recommended by the Commission. (c) The requirement of a preservation agreement or deed of (3) The Trustees shall review each grant award recommended easement set forth in §D(1)(a) and (b) of this regulation may be by the Commission, including the general terms of the grant and any modified or waived by the Secretary if the Secretary has issued a special terms and conditions for the project. written determination that such an agreement or easement is (4) On or before November 1 each year, the Trust and the impracticable or infeasible under the circumstances. Evidence of Commission shall forward the list of projects and grantees impracticability or infeasibility may include, among other things, the recommended by the Commission and the Trust as a recommendation existence of a previous agreement or deed of easement in form and to the Department of Business and Management. substance satisfactory to the beneficiary of the agreement or holder B. Board of Public Works Approval. The Trust shall submit to the of the easement, as the case may be. Board of Public Works for approval all grant agreements to be (d) The provision in §D(1)(a) of this regulation requiring funded with the proceeds of the sale of State general obligation execution of the deed of easement by the owner if the owner is not the bonds. grantee may be modified or waived by the Director in the case of C. Inapplicable Provisions. Grants submitted to the Board of long-term leasehold property, if necessary. Public Works in accordance with §B of this regulation are not (2) Title Certificate. The Trust, in its discretion, may require subject to the provisions of the State Finance and Procurement the grantee to provide an attorney’s certificate of title, acceptable to Article, Title 4, Annotated Code of Maryland, or otherwise subject to the Trust, certifying title to the real property on which the review by the Department of General Services or any other State unit. improvements are located. The certificate of title may contain only standard exceptions and encumbrances approved by the Trust. .08 Grant Terms and Conditions. (3) Insurance. The grantee shall cause the assisted historic A. Matching Requirements. property to be insured against loss or damage by fire and other (1) Grants require a business entity, individual, or political hazards, casualties, and contingencies as may be required from time subdivision to match the grant in an amount at least equal to the to time by the Trust in amounts satisfactory to the Trust. grant. The match shall consist of either cash or an equivalent dollar (4) Review of Plans and Specifications. value of an in-kind contribution to the project, from any combination (a) If the project is a historic property, the plans and of federal, county, municipal, or private funds, which is acceptable to specifications for projects shall be subject to review and approval by the Commission and the Trust. the Trust. (2) In their discretion, the Commission and the Trust may (b) Projects for historic properties shall conform to require a match in the case of grants to nonprofit organizations. The standards for, acquisition, protection, stabilization, preservation, matching requirement, if any, shall be specified in the appropriate rehabilitation, restoration, and reconstruction established by the public announcement of funds referred to in Regulation .06A(2) of Trust, as well as any other applicable standards and requirements this chapter and the contents of the match shall conform with the established by the Trust. requirements in §A(1) of this regulation. (c) If the project is a historic property, the Trust shall B. Grant Disbursement. Disbursement will be made as the project inspect ongoing construction and improvement projects during progresses based upon requests for disbursement submitted by the construction to ensure the grantee’s conformance with the standards grantee in a form satisfactory to the Trust. established by the Trust. C. Expenditure Rate. The Commission and the Trust may: E. Other Requirements. The Commission and the Trust may (1) Cancel the grant and withhold any funds not yet disbursed establish other terms and conditions in the grant documents as if the grantee has not expended all grant funds within 24 months of considered reasonable and necessary by the Commission and the the effective date of the grant documents, and the grant documents Trust. may prescribe a shorter period of time if the circumstances of the project warrant it; or .09 Grantee Administration. (2) Extend the time limit if the grantee demonstrates that the A. Books, Accounts, and Records. circumstances warrant extension, such as an inability to satisfy the (1) Grantees, contractors, and subcontractors shall maintain time limit because of circumstances beyond the grantee’s control. those books, accounts, and records and shall file with the D. Requirements for Site-Specific Projects. Grants shall have the Commission and the Trust those financial and other reports as the following additional requirements: Commission and the Trust may from time to time require. All of these (1) Deeds of Easement and Preservation Agreements. books, accounts, and records shall be open to the inspection of (a) If the African American heritage property assisted by the representatives of the Commission and the Trust or other agencies of grant is historic real property, the grantee and the owner of the real the State during reasonable working hours before, during, or after property if the owner is not the grantee, shall convey to the Trust or the period of time during which the grant proceeds are expended. an entity acceptable to the Trust a perpetual deed of easement Grantees shall make their administrative offices and personnel, containing preservation covenants applicable to the historic property

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 PROPOSED ACTION ON REGULATIONS 1097 whether full-time, part-time, consultants, or volunteers, available to the Commission or the Trust upon request. (2) Books, accounts, and records of contractors and subcontractors shall be maintained and made available for inspection up to 3 years after either the date of grantee’s final expenditure of grant proceeds or the termination of the contractual relationship between the contractor and the grantee, whichever is later. B. Reports. (1) Grantees shall submit a final report, and interim reports as may be required by the Commission and the Trust, documenting project progress and evaluating project effectiveness. (2) On or before October 1 each year, the Commission and the Trust shall report to the Governor and, in accordance with State Government Article, §2-1246, Annotated Code of Maryland, the General Assembly, on projects and grantees awarded grants under the Program for the prior fiscal year. C. Nondiscrimination. (1) A grantee may not discriminate on the basis of age (except with respect to residents in elderly projects), ancestry, color, creed, gender identity and expression, genetic information, marital status, national origin, physical or mental handicap, race, religion, sex, and sexual orientation. (2) Each grantee shall comply with all applicable federal, State, and local laws and departmental policies and programs regarding discrimination and equal opportunity in employment, housing, and credit practices including: (a) Titles VI and VII of the Civil Rights Act of 1964, as amended; (b) Title VIII of the Civil Rights Act of 1968, as amended; (c) The Governor’s Code of Fair Practices, as amended; and (d) The Department’s Minority Business Enterprise Program, if any, as amended, if the grantee does not have its own minority business participation program which is acceptable to the Commission and the Trust. .10 Program Administration. A. Except for waivers, any action or decision required or permitted to be taken or made by the Commission or the Trust under these regulations may be taken or made by the Executive Director of the Commission or the Director of the Trust, as the case may be, or their designees. B. The Commission and the Trust may terminate a grant or refuse to make additional disbursements under the grant documents if it finds that the grantee is not complying with any of the requirements of the Program or the grant documents. C. The Commission and the Trust may establish from time to time operational handbooks or manuals governing matters relating to the Program including descriptive statements of Program procedures which do not directly affect the rights of the public or the procedures available to the public. .11 Waiver. Except for Regulation .07B of this chapter relating to Board of Public Works approval, the Secretary may waive or vary particular provisions of these regulations if: A. The waiver or variance is not inconsistent with the authorizing provisions of the Act; and B. In the written determination of the Secretary, the application of the regulations in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act. RICHARD E. HALL Secretary of Planning

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 1098 Errata COMAR 13B.02.04 At 37:6 Md. R. 482 (March 12, 2010), column 1, line 15 from the top: For: (3) Repeal existing Regulation .05, adopt new Regula- Read: (3) Repeal existing Regulation .04, adopt new Regula- [10-16-32]

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 1099 Special Documents DEPARTMENT OF STATE POLICE HANDGUN ROSTER BOARD Official Handgun Roster The following is a list of handguns manufactured after January 1, 1985 that have received final approval by the Handgun Roster Board and that are not otherwise prohibited by law. Manufacturers are listed alphabetically. Be advised that the Handgun Roster has been amended in accordance with Senate Bill 619, Chapter 456 of the Laws of Maryland, effective June 1, 1994, which prohibits the sale of certain assault pistols in the State of Maryland. Please consult the law or Firearms Bulletin 94-1, which is available from the Maryland State Police Licensing Division, for more information on assault pistols and Senate Bill 619‘s prohibition on certain detachable magazines with a capacity of more than 20 rounds of ammunition. It is unlawful to manufacture for distribution or sale or to sell or offer for sale in Maryland any handgun manufactured after January 1, 1985 that is not officially on the Handgun Roster, except for the manufacture of prototype models required for design, development, testing, and approval by the Board. Neither the State of Maryland nor any agency, officer, or employee of the State assumes any liability for injuries caused by any handgun on the Handgun Roster.

Manufacturer Model Name Model Number Caliber Agrozet National CZ-83 .380 ACP Alchemy Arms Spectre 9mm, .40 S&W, .45 ACP Aldo Uberti & Co. 1851 Rich. Conv .38 SP, .38 Colt, .44 Colt 1858 Remington 1000/01/02/03/04/05/10/11/12/13 .45LC, .38 Sp, .32-20, .44-40 Conversion 1860 Rich. Conv .38 SP, .38 Colt, .44 Colt 1873 .22 LR, .44/40 1875 Outlaw .357 MAG 1875 Schofield Cavalry & W. Fargo .44-40, .45 LC 1875 Top Break .38 SP 1875 Top Break .357 Mag., .45LC, 44-40 Bisley .44-40, .45 LC, .44 MAG, .357 Mag. Buck Horn .44 MAG Cattleman .22 LR, .22 MAG, .357 MAG,.38 SP, 44-40, .45 LC Regulator .357 MAG, .44-40, .45 LC Regulator Delux .357 MAG, .44-40, .45 LC Regulator Sher. .357 MAG, .44-40, .45 LC Regulator Store .357 MAG, .44-40, .45 LC Replicas .38, .44 Rolling Block Cat 1548 .22LR, .22 Mag, .22 Horn, .222 Rem, .223 Rem, Target Pistol 1871 .45 Colt, .357 Mag Russian .44 Russian Sing Act Commem All Single Action .357 MAG, .44/40, .45 LC

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1100 Smoke Wagon 4105/06/07/08/09/10/11/12 .45 LC, .38 Sp, .44-40, .357 Mag Stallion .22 MAG Stampede SAA .357 Mag., .45 Colt AMAC/Iver Johnson Pony .380 ACP TP22 .22 LR TP25 .25 ACP Trailsman .22 LR Amadeo Rossi S.A. 283 .32 S&W 293 .32 S&W 483 .22 LR 518 .22LR 720 Hammerless .44 SP Cyclops .357 MAG Lady Rossi .38 SP M 31 .38 SP M 51 .22 LR M 511 Sportsman .22 LR M 515 .22 LR or .22 Mag M 677 .357 MAG M 68 .38 SP M 70 .22 LR M 720 .44 S&W Special M 84 .38 SP M 841 .38 SP M 85 .38 SP M 851 .38 SP M 853 .38 SP M 877 .357 MAG M 88 .38 SP M 89 .32 S&W M 94 .38 SP M 941 .38 SP M 95 .38 SP M 951 .38 SP M 97 .357 MAG M 971,M 971- .357 MAG VRC

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1101 Amadeo Rossi S.A. (Braztech) R851 .38 Spl., .357 Mag., .22 LR, .17 HMR R971 .38 Spl., .357 Mag., .22 LR, .17 HMR R972 .38 Spl., .357 Mag., .22 LR, .17 HMR R 351, R 352 .357 MAG, .38 SP R 461, R 462 .357 MAG, .38 SP Amer. Frontier Firearms 1851 Richards N .38, .38 SP, .44 Russian 1871-72 Models .38, .38 SP, .44 Russian Remington New Army Models .38SP, 44RUS&SP, 44-40, .45 LC Richards &Mason 1851 Navy .38, .38 SP, .44 Russian Richards 1860- Army & 1861 Navy .38, .38 SP, .44 Russian American Arms, Inc. CX-22 Classic .22 LR CXC-22 .22 LR EP-380 .380 ACP MX-9 9mm P-98 .22 LR PK-22 .22 LR PX-22 .22 LR Sabre .40 S&W, 9mm Woodmaster .22 LR American Tactical 92 AT 92 F 9mm C 45 .45 ACP CS 9 9mm FS 9 9mm HP 9 9mm American Western Arms Longhorn 1873 Army .44 SP, .45 LC, 32/20, 38/40, 38/357, 44/40 Peacekeeper 1873 Army 32/20, 38/40, 38/357, 44/40, .44 SP, .45 LC AMT or IAI/AMT .380 Backup II .380 ACP .45 ACP Backup .45 ACP 400 Accelerator .400 Corbon Automag II .22 MAG Automag III .30 CAR, 9mm WIN

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1102 Automag IV .45 WNMG Automag V AMT-00050 .50 AE Backup .22 LR, .380 ACP Backup DAO .38 SUP, 9mm, .40 S&W,.380 ACP Commando .40 S&W Government .45 ACP Hardballer .45 ACP Hardballer Long .45 ACP Javelina 10mm Lightning .22 LR Lightning Bulls .22 LR On Duty 9mm, .40 S&W Skipper .40 S&W Anschutz Exemplar .22 LR Varmint Pistol 17LP .17 HMR Varmit-Target 64P .22 LR, .22 Mag,.223.22-250 Arcus Arcus 94 9mm, .40 S&W Compact 94 9mm, .40 S&W ArmaLite AR-24, AR-24 Special 9mm AR-24, AR-24 Special 9mm AR-24k, AR-24k Special 9mm Armi San Marco 1851 Rich. Conv .38 SP, .38 Colt, .44 Colt 1860 Army Black Powder Conversion .44 Colt, .38 Colt 1860 Rich. Conv .38 SP, .38 Colt, . 44 Colt Schofield Mil. .44-40 Sing Act Commem All Armi San Marco (Cimarron Arms) 1861 Rich. Conv .32 WCF, 32-20 1861 Rich. Conv .38 SP, .38 Colt, .44 Colt Frontier 6 Shtr All as of 4/30/96 All as of 4/30/96 New Thunderer All as of 4/30/96 All as of 4/30/96 Peacemaker All as of 4/30/96 All as of 4/30/96 Pinched Frame .45 LC Schofield Mil. .45 LC Sheriff‘s Model All as of 4/30/96 All as of 4/30/96 Single Act Army All as of 4/30/96 All as of 4/30/96

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1103 Sp. Ed. SAA All as of 4/30/96 All as of 4/30/96 Storekeeper All as of 4/30/96 All as of 4/30/96 Armi San Marco (Traditions) 1873 SAA .45 LC, 44-40, .22LR, .357 MAG Blk. Pwdr. Conv .38 SP, 44 Colt, 38 Colt Blk. Pwdr. Conv 32-20, .32 WCF, 44-40, .45SCHO Arms Corp. Philippines Armscor Precision M 206 .38 Sp Det. Chief M200 DC .38 SP Police M200 P .38 SP Special Edition 100 TC .38 SP Thunder Chief M200 TC .38 SP Arsenal (Bulgaria) Makarov 9X18 mm, .380 ACP Astra 250 0.38 680 0.38 A-100 9mm, .45 ACP, .40 S&W A-100 Car. Comp 9mm, .40 S&W, .45 ACP A-60 .380 ACP A-70 9mm A-75 9mm, .40 S&W, .45 ACP A-80 .38 SUP, .45 ACP, 9mm A-90 .45 ACP, 9mm Constable .22 LR, .380 ACP M 357(Big Bore) .357 MAG M 41 (Big Bore) .41 MAG M 44 (Big Bore) .44 MAG M 45 (Big Bore) .45 ACP Sport .22 LR Australian Automatic Arms SAP .223 CAL Auto Ordnance 1911A1 10mm Commemorative 1911A1 .45 ACP Competition 1911-A1 .45 ACP Government 1911A1 .38 SUP, .45 ACP, 9mm Pit Bull ZG51 1911A1 .45 ACP The General 1911 Thompson .45 ACP MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1104 Thompson 1911A1 .40 S&W Thompson 1927A- TA5 .45 ACP 1 Baikal - (Russia) MC-55-1 0.22 TOZ-35M 0.22 Vostok .22 LR Vostok MC 55 .22 LR Vostok TOZ 35 .22 LR Baikal or IMEZ - (Russia) IJ-70 Models All 9mm Makarov & .380 ACP IZH35M .22 LR, .32 ACP Beeman Precision Arms, Inc. Mini P-08 Auto .380 ACP P-08 Auto Pis. .22 LR Beeman/Unique D.E.S. 32U Rapid Fire Match .32 S&W Benelli B76 .30 LUGER, 9mm B77 .32 ACP B80 .30 LUGER Benelli 9MM 9mm MP3S .32 SWLWC MP90S .22 LR, .32 S&W,WC MP95E .22 LR, .32 WC Beretta USA 21 Bobcat .22 LR 70-S .22 LR, .380 ACP 71 .22 LR 76 .22 LR 81-BB .32 ACP 87 Cheetah .22 LR 87-BB Cheetah .22 LR 89 Gold Standard .22 LR 90-Two 9mm, .40 S&W 98-FS 9mm M-89-BB 0.38 PB-765 .22 LR 21-A (Bobcat) All as of 4/30/96 .22 LR, .25 ACP 3032 (ThunCat.) .32 ACP

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1105 3032 (Tomcat) All as of 4/30/96 .32 ACP 84 (Cheetah) All as of 4/30/96 .380 ACP 85 (Cheetah) All as of 4/30/96 .380 ACP 86 (Cheetah) All as of 4/30/96 .380 ACP 9000S (F or D) 9mm, .40 S&W, .357 SIG, .45ACP 92 All as of 4/30/96 9mm 950 (Jetfire) All as of 4/30/96 .22 SH, .25 ACP, .22 LR 96 All as of 4/30/96 .40 S&W Cougar 80357 .357 SIG Cougar 8045 .45 ACP Cougar F 8000 or Model 95 9mm Cougar F, G, D 8040 .40 S&W Cougar G,D 8000 9mm M9 9mm Mini Cougar 8000/8040 D,F or G 9mm, .40SW Mini Cougar 8045F .45 ACP Neos U22 .22 LR Px4 Storm Type F, D, G, C 9mm, .40S&W .45 ACP (Model Addition D,G,C) Px4 Storm Sub Type F, D, G, C 9mm, .40 S&W Compact Stampede SAA .357 Mag., .45 Colt Target 87 .22 LR Bernardelli PO18, PO18/9, PO18C 7.65mm, 9mm, 9X21mm 100 .22 LR 69 .22 LR 80 .22 LR, .380 ACP 90 .22 LR, .32 ACP AMR .22 LR, .380 ACP P. One 9X21 mm, 9X19 mm, .40 S&W PO10 .22 LR U.S.A. .22 LR, .380 ACP Bersa 223 .22 LR 224 .22 LR 226 .22 LR 23 & 23 NKL .22 LR 383 .380 ACP 83 & 83 NKL .380 ACP 85 .380 ACP

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1106 86 0.38 90 9mm Firestorm .22 LR, .32 ACP, .380 ACP Mini Firestorm .45ACP, 9mm, .40 S&W Series 95 .380 ACP Thunder 380 .380 ACP Thunder 380 Matte .380 ACP Plus Thunder 40 .40 S&W Thunder 45 .45 ACP Thunder 9 9mm BF Arms Single Shot Pis ALL Bond Arms Century 2000 .45 LC, 450 Super Bond, .44 Mag, 10mm, 9mm, .40 S&W, .22 LR Century 2000 .357 SIG,.357 Mag, .357 Max, .32 H&R, .22Mag, .38-40, .44-40 Ranger .45Colt/.410 Gauge Snake Slayer BASS 45/410,.45Colt,450SuperBond,.44Special,44- 40,.45GAP,10mm Snake Slayer BASS .40S&W,.357Max/Mag, .38SPl, 9mm, .32 H&R mag, .22LR Snake Slayer IV .410/.45LC Texas Defender with trigger guard .40 S&W, .44 MAG/.44 SP Texas Defender with trigger guard Texas Defender with trigger guard .32 HR, 38/357, 9mm, .45 Colt. .40 S&W, .44 MAG/.44 SP,.45 ACP, .45 Super, .44 Russian British Firearms Ltd. 2000 0.22 BRNO or CZ CZ2075 Rami 9mm, .40 S&W CZ75 Compact 9mm, .40 S&W CZ75 P-01 9mm, .40 S&W CZ75B 9mm, .40 S&W CZ75BD 9mm, .40 S&W CZ75D Compact 9mm, .40 S&W CZ75SA 9mm, .40 S&W Cadet 75 .22 LR CZ 75 P-06 .40 S&W CZ 75 P-07 9mm CZ-100, CZ-101 9mm,.40 S&W,.45 ACP,.357 SIG MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1107 CZ-40, CZ-40B .40 S&W CZ-50 .32/7.65 CZ-75 9mm, .40 S&W CZ-83 .32 ACP, .380 ACP CZ-85 7.65, 9mm CZ-97B .45 ACP, .40 S&W Brolin Arms L45 .45 ACP L45C .45 ACP P45 Comp .45 ACP P45C Comp .45 ACP Pro-Comp .45 ACP Pro-Stock .45 ACP Browning 40 S&W HiPower 2W05P24 .40 S&W 425 0.38 BDA .380 ACP BPM-D 9mm, .40S&W, .357 SIG, .45 ACP Buckmark All .22 LR Challenger I, II, or III .22 CAL Double-Mode BDM 9mm High Power G. P. Practical 9mm High Power G.P. Competition 9mm High Power G.P. Sport 9mm High Power Mark II 9mm High Power Mark III S 9mm High Power Military Nato 9mm High Power Vigilante 9mm HiPower Capitan 2405144 9mm Hi-Power Standard 51003: 494, 493, 394, 393 9mm, .40S&W HP-Practical Adj. Sights 9mm HP-Practical Adj. Sights .40 S&W Pro-9, Pro-40 051251393, 051252394 9mm, .40 S&W Browning Fabrique Nat. High Power 9mm Bruni, S.P.A. Jaguar-80 0.32 BUL Transmark, Ltd. Cherokee 10901 9mm, .40 S&W MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1108 Cherokee Compact BUL-10903 9mm M-5 & M-5 Frame All .40 S&W, .45 ACP M-5 & M-5 Frame All 9X19, 9X21, 9X23, .38 SUP Bushmaster C 15 9mm P 97 S 5.56 Calico 950 9mm M110 .22 LR Caspian Arms Ltd. Frames All All M1911 Style .45 ACP CCF Raceframes LLC Alloy Glock Pistol N/A N/A Frame Century Gun Distributing Inc Model 100 .45-70 Model 300 .375 WIN Model 300 .30-30 Model 400 .444 MAR Model 500 .50-70 Charles Daly 1873 .357Mag, .45 LC ZDA 9mm, .40 S&W 1911A1 Empire EFST, ECMT, EFS, ECS, EMS .45 ACP, .38 Super, 9mm, .40 S&W 1911-A1 Field FS, MS, CS, EFST, EFS, EMS, ECS .45 ACP, 9mm, .38 SUP, .40 S&W 1911-A1 Field FS, MS, CS, EFST, EFS, EMS, ECS EFST, EFS, EMS, ECS Daly HP HP 9mm DDA 10-45 .45 ACP, 9mm, .38 SUP, .40 S&W Field 1911-A1P .45 ACP M-5 Daly M-5: Ultra-X, IPSC, Government, .45 ACP, 9mm, .40 S&W Commander Charter 2000 357 Pug .357 Mag. Charter Arms- CHARCO INC. Bonnie .32 H&R Bulldog .44 SPL Bulldog Pug .44 SPL Bulldog Tracker .357 MAG

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1109 Clyde .38 SP Explorer II&SII 9228 & 9228S .22 LR Goldfinger 53890 .38 Sp Lavender Lady 53840 .38 SP Mag Pug & Target 73520, 73521, 73540, 13520 .357 Mag. Mag Pug Off Duty .22 LR, .38 SPL Pathfinder .22LR/MG Patriot 73270, 73274 All Calibers Pink Lady N/A .38 SP Pit Bull 9mm Police Bulldog .32 H&R, .38 SPL, .44 SPL Police Undercov .32 H&RMG, .38 SPL Target Bulldog .357 MAG, .44 SPL Tiger 24420 .44 Sp Undercover .38 SP Undercover Lite 53820 .38 SP Chiappa Firearms Plinkerton .22 LR, .22 Mag Puma Bounty .45 LC, .44 MAG, .44/40 Winchester Hunter Chip McCormick Corp. 1911A1 Frame Forged Custom Grade .45 ACP, .38 SUP, 9mm, .40 SW Frames MCS-38 & MCS-45 .38 Sup & .45 ACP Chipmunk Silhouette .22 LR Cimarron Arms Rich Mason Conv 1851 Navy 1860 Army .38 SP, .44 Colt, .45 S&W Schofield .44-40 Cimarron Arms (Aldo Uberti) 1872 Open Top .38SP/CT, .44SP/CT/RUS, .45SCH 1875 Remington .357 MAG, .44 WCF, .45 Colt 1890 Remington .357 MAG, .44 WCF, .45 Colt 1911 1911A1 .45 ACP Lightning .38SP/CT, .44SP/CT/RUS, .45SCH Lightning .22 LR, .32-20, .32 H+R Mag. P .22 LR, .32 H+R Mag. P .38 SP, .38 Colt, .44 Colt P Jr. .32 H+R Mag. MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1110 P Jr. .22LR .38SP .38SW .32-20 .32SW Single Act. Arm .22 LR, .357 MAG, .38 WCF Single Act. Arm .44 S&WSP, .44 WCF, .45 Colt Single Act. Tar .45 Colt Single Act. Tar .38 WCF, .44 S&WSP, .44 WCF Single Act. Tar .22 LR, .22 MAG, .357 MAG Single Act.Lg F .44 MAG Thunderer .357 Mag, .38 Sp, 44-40, .44 Spec, .45 LC, .45 ACP Citadel 1911, 1911C, 1911 CIT45FSP, CIT45CSP, CIT 45 .45 ACP A-1 1911, 1911C, 1911 CIT45FSP, CIT45CSP, CIT 45 .45 ACP A-1 Colt/Colt’s Mfg. Co., Inc. .380 S‘80 Govt. All .380 ACP 1860 Army Black Powder Conversion .44 Colt 1861 Navy Black Powder Conversion .38 LC 22 Target .22LR Agent All .38 SP Albany Tricente G2261AT .22 LR All Amer. 2000 All 9mm Anaconda All .44 MAG, .45 LC Boa All .357 MAG Cobra All .38 SP Colt 22 All as of 4/30/96 .22 LR Comb Cmndr S‘80 All .38 Sup, 9mm, .45 ACP Combat Elite All .40S&W,10mm,.45 ACP,.38 SUP Combat Stallion O9848CS .45 ACP Combat Target All .45 ACP Comm.Ltwt. S‘80 All .45 ACP Commanding Off. O9186 OR O9046 .45 ACP Commando Spec. All .38 SP Cowboy .45LC, .44MAG, .44-40, .357MAG Custom Comb. 10 O2011CC 10mm Custom Competit 9mm .40 S&W .45 ACP .357 SIG Dbl. Eag. S‘90 All 9MM.38 SUP.45 ACP,10mm .40SW Defender 9mm .40 S&W .45 ACP .357 SIG Delta 10 Series 80 10mm Delta Elite All 10mm

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1111 Delta Gold Cup All 10mm Detective Spec. All .38 SP Diamondback All .22 LR, .38SP Doub. Dia. Offs O1986 .45 ACP Doub. Dia. Pyth I1986 .357 MAG DS-II .38 SP El Dorado O5138ED .38 SUP El General O2575 .38 SUP El Jeffe O1070EJ .38 SUP Elt Team Pistol O2014 10mm Elt Team Pistol O8014 .45 ACP Gold Cup Cmndr. O4070, O4070GS .45 ACP Gold Cup Cmndr. O4870 .45 ACP Gold Cup El O5245GCE .45 ACP Gold Cup Elite O5842 .40 S&W Gold Cup Elt 40 05842GCE .40 S&W GoldCp MKIV S80 All .45 ACP, .38SUP, 9mm Govt Pocketlite All .380 ACP Heirloom .45 ACP King Cobra All .357 MAG Lawman MK V All .357 MAG Limited Class 01991LCM .45 ACP M1991A1 .45 ACP Magnum Carry .357 MAG Match 10 Pistol O2010MT 10mm MKIV/S‘80 Govt. All .38SUP, 9mm .45ACP .40S&W .22LR Model 1991 A1 All .45 ACP, 9mm Mustang All .380 ACP Mustang Pktlt. All .380 ACP Mustang Plus II All .380 ACP NCO Special Ed. O9845NC 0.45 New Agent O-7810-D .45 ACP Night Defender 07000NDF .45 ACP Night Officer II .45 ACP Nite Lite .380 ACP Officers Match O50700M 0.45 Off‘s ACP S‘80 All .45 ACP Peacekeeper All .357 MAG Pocket Nine 9mm Police Positive .38SP

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1112 Pony .380 ACP Python All .357 MAG SAA All All SF-VI .38 SP Silver Stallio O9847SS .45 ACP Snake Eyes I3021SE & I3620SE .357 MAG Spc Ligtwgt Com O4540LWC .38 SUP Special Edtns. All with 1970 & 1991 .45 ACP Super Stallion O5240SS .38 SUP Tank Officers C O4616T0 .45 ACP Texas 150TH Pre P2840TP .45 LC Trooper MK V All .357 MAG Ultra Elt Gover O6395UE .380 GOVT Ultra Ten O5012UT 10mm Whitetailer V8385 & AA3080WT .357 MAG Comanche Comanche I .22 LR Comanche II .38 Spl. Comanche III .357 Mag. Super Comanche .45LC/.410 Gauge Competition Arms Competitor Single Shot All Coonan Arms A and B .357 MAG Cadet .357 MAG Daewoo DH-380 .380 ACP DH-40 .40 S&W DP-51 9mm DP-52 .22 LR Dan Wesson 22 .22 LR, .22 MAG 357 .357 MAG, .357 MAX 38 .38 SPL 41 .41 MAG 44 .44 MAG 45 .45 LC 32/732 32/732 .32 MAG 375 Super Mag 375 375 S.MG.

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1113 445/7445 445/7445 445 SUP MG Heritage RZ-45 .45 ACP Patriot CL Bobtail .45 ACP Dan Wesson Firearms/NYI Compensated Ser All .357++ .357SM .414SM .445SM Compensated Ser All .357, .41, .44, .45, .460 Row. Large Frame Ser All .41, .44, .45, .357++, .460 Pointman All .45 ACP Small Frame Ser All .22LR/MAG .32 .32-20 .38 .357 Stnd Silhouette All .22LR, .357++, .41M, .44M Stnd Silhouette All .357SM, .414SM, .445SM Super Ram Sil. All .22LR, .41, .44, .357++ Super Ram Sil. All .414SM, .445SM, .357SM SuperMag Frame All .357SM, .414SM, .445SM Davis Industries P-32 .32 ACP P-380 .380 ACP Detonics 37145 .45 ACP, .38 Super Combat Master MARK V .38 SUP, .45 ACP, 9mm Combat Master MARK VI .38 SUP, .45 ACP, 9mm Combat Master MARK VII .38 SUP, .45 ACP, 9mm Combat Master MC-1 .38 SUP, .45 ACP, 9mm Combat Master MC-2 .38 SUP, .45 ACP, 9mm CombatMaster .45 ACP, .40 S&W, .357 Sig, .38 Super, 9mm Compmaster .45 ACP Janus Scoremast .45 ACP, .451 MAG Ladies Escort .45 ACP Pocket 380 0.38 Pocket 9 9mm Pocket 9 L S 9mm Power 9 9mm Scoremaster .45 ACP, .451 MAG Servicemaster .45 ACP StreetMaster .45 ACP Diamondback Fireamrs DB-380 .380 ACP Dilo Svratouch, Gottwaldovo Drulov 75 F.P. .22 LR

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1114 Dlask DAC 394 9mm D-Max Sidewinder L-5 .375 Win D-Technik Skorpion VZ61 .32 ACP E.A. Brown Mfg. Sing. Shot Pist All All E.A.A./F. Tanfoglio Bounty Hunter EASAB & EASAC .22LR/MAG Bounty Hunter EASAM B/C/6 .22LR/MAG Bounty Hunter EASAM B6/C6 .22LR/MAG Bounty Hunter EASAMB9 .22LR/MAG Bounty Hunter EASAMBR6 .22LR/MAG Carry Comp. 9mm, .40S&W European EA 22 T .22 LR European EA 22B, EA 22C .22 LR European EA 32B, EA 32C .32 ACP European EA 380 DAB/C/BC .380 ACP European EA 380B, EA 380C .380 ACP FAB-92LB 9mm, .40 S&W, .45 ACP Witness 9X21, .38 SUP, 10mm, .22LR Witness EA10 10mm Witness EA38 .38 SUP Witness EA40 B/C/BC/SS .40 S&W Witness EA40 LB/LC/LBC/LSS .40 S&W Witness EA40 Ported .40 S&W Witness EA41 B/C/BC/SS .41 AE Witness EA41 LB/LC/LBC/LSS .41 AE Witness EA41 Ported .41 AE Witness EA45 B/C/BC/SS .45 ACP Witness EA45 LB/LC/LBC/LSS .45 ACP Witness EA45 Ported .45 ACP Witness EA9 B/C/BC/SS 9mm Witness EA9 LB/LC/LBC/LSS 9mm Witness EA9 Ported 9mm Witness FAB 92 9mm, .45 ACP, .40 S&W Witness Frames **(See notes on last page) Witness P 9mm .40 S&W .45 ACP .357 SIG

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1115 Witness Sport 9X21, .38 SUP, 10mm, .22LR Witness Sport 9mm, .41AE, .40S&W, .45ACP Witness Sprt/LS 9X21,.38 SUP, 10mm, .22LR Witness Sprt/LS 9mm,.41AE,.40S&W,.45ACP,9X21 Wtns Gold Team 9mm,.41AE,.40S&W,.45ACP,9X21 Wtns Gold Team .38 SUP, 10mm, .22LR Wtns 9mm, .41 AE, .40 S&W, .45 ACP LTD/UNLTD Wtns 9X21, .38 SUP, 10mm, .22LR LTD/UNLTD Wtns Slvr Team .38 SUP, 10mm, .22LR Wtns Slvr Team 9mm,.41AE,.40S&W,.45ACP,9X21 Wtns Sprt LSP 9X21, .38 SUP, 10mm, .22LR E.A.A./Hermann Weihrauch Big Bore Bounty Hunter .44/40, .45 LC Big Bore Bounty Hunter .357 MAG, .41 MAG, .44 MAG Windicator .357 MAG E.M.F. (Alder- Jager) Dakota and Dakota Bisley .38-40, .44 SPL, .44-40, .45LC Dakota and Dakota Bisley .22 LR, .32-20, .357 MAG E.M.F. (Aldo Uberti) 1875 Remington .357 MAG, .44-40, .45 LC 1890 Remington .357 MAG, .44-40, .45 LC Hartford Premier .45 LC, 32/20, 38/40, 44/40, .357 I&II E.M.F. (San Marco) New Hartford .38-40, .44 SPL, .44-40, .45LC New Hartford .22 LR, .32-20, .357 MAG New Mod. Dakota .38-40, .44 SPL, .44-40, .45LC New Mod. Dakota .22 LR, .32-20, .357 MAG Ed Brown Products California Kobra KC-SS-CAL .45 ACP Carry Classic Custom C-BB,C-SB,C-SS .45 ACP Executive Carry EC-BB,EC-BB-A,EC-SB,EC-SB-A,EC-SS,EC- .45 ACP SS-A Executive Elite E-BB,E-BB-A,E-SB, E-SB-A,E-SS,E-SS--A .45 ACP Kobra K-BB,K-BB-A,K-SB,K-SB-A,K-SS,K-SS-A .45 ACP Kobra Carry KC-BB,KC-BB-A,KC-SB,KC-SB-A,KC-SS,KC- .45 ACP SS-A MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1116 El Dorado Arms Inc. El Dorado .45 LC El Dorado .375 SMAG, .41 MAG, .44 MAG El Dorado .22 LR, .357 MAG, .357 MAX Enterprise Arms, Inc. Elite P325 .45 ACP Frame Kit Govt, Cmndr, Officer ** Tactical P325 .45 ACP Titleist P500 .45 ACP, .40 S&W Trnmnt. Shooter .45 ACP Erma-Werke 772 .22 LR 773 .32 S&WL 777 .357 Mag. EP 22 0.22 EP459 0.38 Erman KGP 69 .22 LR ESP-85A .22 LR KGP 68, KGP 68A .380 ACP KGP 68A (PO-8) .380 ACP, .32 ACP, .22 LR KGP 69 .22 LR Mini PO8 0.38 P08 .22 LR PK22 0.22 Erma-Werke GMBH EP380 .380 ACP Essex 1911A1 Receiver ** (See note on last page) Commander Rec. ** (See note on last page) Excam/Targa GT 22B/C/T .22 LR GT 32B/C .32 ACP GT 380B/BE/C, GT380CE/XE .380 ACP RX - 38 .38 Sp. Excel Arms Accelerator MP 17 .22 MAG, 17 HMR Accu-Tek AT 380 II .380 ACP Accu-Tek HC-380 .380 ACP

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1117 F LLI Pietta Great Western II 1873 Californian .357 Mag., .44/40, .45 Colt F. Lle Pietta Liberty 1873 .357 MAG,.44-40,.44 MAG,.45LC F. Tanfoglio AT 84DA 9mm AT 88 9mm E 15MB/C 0.22 E 32 0.32 E 380B/C 0.38 GT 22 0.22 TA 226M 0.22 TA 380 0.38 TA 76, TA76M 0.22 TA 90 9mm TA 90 Baby 9mm TZ 5B/C 9mm TZ 75B/C 9mm F.A.P.A. M87 Tala 0.22 F.A.S. OP 601 .22S SP 602 .22 LR F.E.G. 40 RZ .40 S&W AP9 (PA63) 0.38 B9R .380 ACP Firebird T/58 9mm FP9 9mm GKK45 .45 ACP GKK-92C 9mm Mark II AP22 .22 LR MarkII-APK & AP .380 ACP MBK-9HP GR 1031 9mm MBK-9HP P-9RC 9mm Compact Model 74 7.65mm P9M 9mm P9R 9mm P9RK 9mm

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1118 PA 63 .380, 9mm Makarov PJK-9HP GR 1066 9mm Para PMK-380 GR 1007 .380 ACP PPH .380 ACP R-61 0.38 R-9 9mm SMC-22 .22 LR SMC-380 .380 ACP T-58 9mm & 7.62 Tokarev F.I.E. Cowboy CWB3, CWB6 .22 LR Cowboy CWMB3, CWMB6 .22CMBO. Gold Rush GRMS3 .22CMBO. Gold Rush GRMS4, GRMS6 .22CMBO. Gold Rush GRS3, GRS4, GRS6 .22 LR Little Ranger TEX22B3, TEX22MB3 .22 LR, .22CMBO SSP SSP .380 ACP Standard S22B2, S22MB2 .22 LR, .22WMR Standard S32B2 .32 H&R Standard S38B2 .38 SP. Texas Ranger TEX22B, TEX22B7 .22 LR Texas Ranger TEX22B9 .22 LR Texas Ranger TEX22MB .22CMBO. Texas Ranger TEX22MB7, TEX22MB9 .22CMBO. Titan 25 E28B/BG/C, E27B/BG/C .25 ACP Titan 25 LADY 25 .25 ACP Titan II E22B .22 LR Titan Tiger N38B2, N38B4 .38 SP F.I.E. Corp./CBC Silhouette Pist 722TP .22 LR F.I.E. Corp./F. Tanfoglio Buffalo Scout E15AT/B/C .22 LR Buffalo Scout E15MAT/MB/MC .22COMBO Super Titan II S380B .380ACP Titan II E380B/C .380ACP TZ-75 Govt. 9mm TZ-75 Pistol TZ41B/BC/C .41AE DA TZ-75 Pistol TZ9B/BC/C 9MM D.A. Yellow Rose E15LTD/MGW .22COMBO MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1119 F.I.E. Corp./Hermann Weihrauch Golden Hombre 3575G, 3577G .357 MAG Golden Hombre 445G, 447G .44 MAG Golden Hombre 455G, 457G .45 COLT Hombre 3575, 3577 .357 MAG Hombre 445, 447 .44 MAG Hombre 455, 457 .45 COLT Fabrica Armi Sportiv CF603 .32 S&W Falcon Arms Portsider .45 ACP Feather Industries, Inc. Mini-AT .22 LR Federal Ordnance, Inc. PSP-07 Combat C GC-0955 10mm PSP-07 Combat C GU-0916 .45 ACP Ranger 10 GU-0953 10mm Ranger Alpha GU-0956 thru GU-0959 .45 ACP Ranger Alpha GU-0960 thru GU-0963 10mm Ranger Alpha GU-0964 thru GU-0967 .38 Sup Ranger Ambo GU-0741 .45 ACP Ranger Ext GU-0742 .45 ACP Ranger Frames GU-0438, GU-0439 ** (See Notes on last page) Ranger G.I. GU-0740 .45 ACP Ranger Lite GU-0952 .45 ACP Ranger Supercom GU-0915 .45 ACP Ranger Supercom GU-0980 10mm Rgr MKII L-Fram GU-0179, GU-0180 .45 ACP Feinwerkbau AW-93, AW-93 AW-93, AW-93 Light, AW-93 US .22 LR, .32 S&W Long Light, AW-93 US Fiocchi Munizioni SP GPO Internation .22 SHORT MP32 Internatio .22 LR Standard Pistol .22 LR Firearms International 5000 Combat .45ACP .38SUP .40S&W .357 SIG

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1120 Firestorm 45 Gov‘t, Mini- Compact, Compact .45 ACP Firestorm 380 .380 ACP Mini Firestorm 9mm, .40 S&W FM Hi Pow, M95 Det 9mm, .40 S&W, .45 ACP FM (Fab. Militar de Armas Por) Classic 9mm Detective 9mm Hi Pow Comp Det 9mm Hi-Power 90 9mm FN Herstal FNP-45 .45 ACP FNP-9, FNP-40, FNP-357 .357 Sig FNP-9, FNP-40, FNP-357 9mm, .40 S&W BDA-9 9mm, .357 SIG, .40 S&W BDAO 9mm, .357 SIG, .40 S&W Five-Seven IOM 5.7 x 28mm FNX-9 9mm Forty Nine Pist 9mm, .357 SIG, .40 S&W Hi Power DA, DAO, SA 9mm, .40 S&W, .38 SUP Foster Industries M1911 (Frame) 1911 .45 ACP, 38 Super, 9mm Freedom Arms 83 .50 AE 83 .500 WE 83 252 Sil., Varm Class .22 LR/MAG 83 353 Casull .357 MAG/.38SP 83 44 MAGNUM .44 MAG/SP 83 45 .45 LC/ACP/Win. Mag. 83 454 .454 CAS 83 654 .41 MAG 83 83-Series 757 .50 AE, 475 Linebaugh 97 .41 MAG, .32-20/H&R/ACP .44 SP 97 1997 .22 LR/MAG, .45 LC/ACP 97 1997 .38SP, .357MAG, .44 MAG, 44-40 Fundulun (Ind. Argentina) P-22 P-22 .22 LR Fusion Firearms 1911 Series 70 Gov; Commander; Officer

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1121 Frame Gamba (Italy) Comp Mod SAB G91 9mm Compct Competition Mod SAB 90 9mm Mauser HSc Mod. 80 (HSc Super) .380/9MMK Mauser HSc Mod. 80 (HSc Super) .32/7.65 Serv Mod Compct SAB G91 9mm Service Model SAB G90 9mm Gaucher GN1, Sil. Pist. .22 LR GP .22 LR German Sport Guns (GSG) GSG 5 Pistol GSG 5 P; GSG 5 PK .22 LR GSG 522P .22 LR Glock 37 .45 GAP 38 .45 GAP 39 .45 GAP 17, 17C 9mm 17Gen4 17Gen4 9mm 17L 9mm 17RTF2 17RTF2 9mm 19, 19C 9mm 19RTF2 19RTF 9mm 20 SF 10mm 20, 20C 10mm 21 SF MB P72150202 .45 ACP 21, 21C .45 ACP 21SF RTF2 21SF RTF2 .45 Cal. 22 RTF2 22RTF2 .40 Cal 22, 22C .40 S&W 22Gen4 22Gen4 .40 Cal. 23 C .40 S&W 23 Compact .40 S&W 24 .40 S&W 26, 26C 9mm 27, 27C .40 S&W 29, 29C 10mm 29SF 10mm

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1122 30 SF .45 ACP 30, 30C .45 ACP 31, 31C .357 SIG 32, 32C .357 SIG 33, 33C .357 SIG 34 9mm 35 .40 S&W 36 .45 ACP Grendel P-12 .380 ACP Hammerli 107 .22 LR 150 .22 LR 152 .22 LR 208 .22 LR 208 S .22 LR 212 .22 LR 215 .22 LR P232 .22S SP-20 .22 LR, .32SWLWC Target Pistol 280 .22 LR, .32 S&WL X-Esse Sport, Long and Short .22 LR Harrington & Richardson 504 .32 H&R 532 .32 H&R 586 .32 H&R 622 & 623 .22 SLLR 632 & 633 .32 S&WL 649 & 650 .22 LR, .22 MAG 686 .22 LR, .22 MAG 732, 733 .32 S&WL 904 .22 LR 922 Second Issue,923 .22 LR 926 .22 LR, .38 S&W 929 & 930 .22 LR 939 Ultra .22 LR 949 & 950 .22 SLLR 976 .22 SLLR 999 Second Issue .22 LR Heckler & Koch

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1123 P2000SK 9mm, .357 SIG, .40 S&W, .45 ACP SP2000 9mm, .40 S&W, .357 SIG, .45 ACP 4 9mm Expert 9mm, .40S&W, .45ACP, .357 SIG HK 4 7.65 HK 45 Compact HK45C .45 ACP HK45 .45 ACP MK23-USSOCOM 9mm, .40 S&W, .45 ACP P10 Jubilee 9MM X 19 P30 N/A 40 S&W P30 N/A 9mm P30L N/A 9mm P4 0.22 P7 9mm P7K3 .22 LR, .380 P7M10 M10 .40 S&W P7M13 9mm P7M8 9mm USP .357 SIG USP 40 .40 S&W USP 45 .45 ACP USP 9 9mm USP Tact. Match .45 ACP, .357 SIG, 9mm, .40S&W USP-Compact 9mm,.40 S&W,.45 ACP, .357 SIG VP 70Z 9mm Hege Jagd Sing. Act. .357 MAG Helwan Brigadier 9mm Herbert Schmidt HS 21 0.22 HS 21S .22 LR HS 38S 0.38 Sierra 0.38 Texas Scout 0.22 Heritage Mfg. Co. Rough Rider Big RR45, RR357, RR4440 .357 Mag., .44-40, .45 Colt Bore Rough Rider All .22 LR/.22 MAG, .17HMR Rough Rider All .32 H&R Mag, .32 S&W Long, .32 S&W Long MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1124 Colt Rough Rider All .22 LR/.22 MAG, .17HMR Hermann Weihrauch (Arminius) 7228 0.22 ARM357 0.357 ARM445 0.357 ARM455 0.45 HW-357 0.357 HW384TB 0.38 HW386TB 0.38 HW38T 0.38 HW4T .22, .32 HW522TB .22 LR HW532TB .32 S&W HW5T .22, .32 Hi Point Firearms 40 .40 S&W 45 .45 ACP C-9 9mm CF .380 ACP JS Series Comp. 9mm High Standard Man. Co., Inc. 10X .22 LR Citation II .22 LR M1911A1 HSTX1911 .45 ACP Olympic ISU .22 Short Sharpshooter .22 LR Sport King .22 LR Sup. Citation .22 LR Sup. Trophy .22 LR Tournament .22 LR Victor .22 LR HS HSC HSC55 .22 LR HSK HSK45 .22 LR HSO HSO67 .22 LR HSS HSS55 .22 LR HST HST55 .22 LR HSV HSV55 .22 LR

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1125 I. O., Inc. Hellcat .380 .380 ACP Intrac HS2000 9mm, .40 S&W, .357 SIG Intratec Skorpion TEC-22 .22 LR Israel Arms Int., Inc. M5000 & M6000 9mm, .40 S&W, .45 ACP Israel Military Indu Desert Eagle .357 MAG, .44 MAG, .50 MAG Desert Eagle Baby .45 ACP Desert Eagle Baby 9mm, .40 S&W, .41 AE Jericho 45FS .45ACP Jericho 941 9MM/41AE Magnum .41 MAG Magnum Massada .357MAG, .41AE, .44MAG, .50AE Mini Massada 9mm, .40 S&W, .45 ACP Israel Weapon Industries (IWI) Jericho 941 R-40 .40 S&W, 9 X 19mm, .45 ACP ISSC M 22 .22 LR Ithaca 50th Annivers. 1911A-1 .45 ACP J.G. Anschutz 1416 P Unlimitd .22LR/HRN 1416 P XIV Unlm .22LR/HRN Exemplar .22 HRN, .22 LR Exemplar Left .22LR/HRN Exemplar XIV .22LR/HRN J.P. Sauer & Sons 6 Shooter .22 M Chief Marshall .357 MAG Deluxe 0.357 P-357 0.357 Western Marshal 0.357 JSL Ltd. Spitfire 9mm Kahr Arms

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1126 CW40 .40 S&W CW9 9mm KP45 .45 ACP KT9, KT40 9mm, .40 S&W PM40 .40 S&W TP40, TP9, TP45 .40 S&W, 9mm, .45 ACP CW 45 CW 4543 .45 ACP E9 9mm, .40 S&W, .45 ACP K40 .40 S&W K40 Covert 9mm, .40 S&W K9 9mm KP40 .40 S&W MK40 .40 S&W MK9 9mm P380 KP3833 .380 ACP P-9 & P-40 9mm, .40 S&W PM 45 PM 4543 .45 ACP PM9 9mm Kelby’s Inc. Stolle Cub Pist .222, .308 & PPC Kel-Tec P3AT 0.38 PF9 9mm P-11 9mm P-40 .40 S&W PLR-16 .223 Rem PLR-22 .22 LR Kimber Comp Al Stnl All .40 S&W, .45 ACP Comp Al Stnl II All .40 S&W, .45 ACP Compact All .45 ACP, .40 S&W Compact Carry .45 ACP, .40 S&W Compact CDP .45 ACP Compact CDP II All .45 ACP Compact Custom 9mm .40 S&W .45 ACP .357 SIG Compact II All .45 ACP Compact Stnl All .40 S&W, .45 ACP Compact Stnl II All .40 S&W, .45 ACP Crown Custom II Special Edition .45 ACP Cust Eclipse II All .45 ACP

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1127 Cust Target II All .45 ACP Custom .45 ACP Custom CDP All .40 S&W, .45 ACP Custom CDP II All .45ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. Custom Crimson .45 ACP Carry II Custom II All .45 ACP Custom Royal .45 ACP Custom Stnless. .45 ACP Custom Target All .45 ACP Desert Warrior .45 ACP Eclipse Custom II All .45 ACP, .38 Sup., 9mm, .40 S&W, 10mm, .357 Sig. Eclipse Pro II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. Eclipse Pro Target All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 II Sig. Eclipse Target II All .45 ACP, .38 SUP, 9mm Eclipse Target II All .45 ACP, .38 SUP, 9mm Eclipse Ultra II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig Elite Carry .45 ACP Gld Comb Stn II All .45 ACP Gld Mat Stnl II All .45 ACP Gold Comb Stnl All .45 ACP Gold Combat All .45 ACP Gold Combat II All .45 ACP Gold Guardian .45 ACP Gold Match .45 ACP Gold Match II All .45 ACP Gold Match All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Stainless II Sig. Gold Match Ten II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. Gold Mtch Stnls All .38 SUP, 9mm, .40 S&W, .45 ACP Grand Raptor .45 ACP Grand Raptor II .44 ACP LTP II All .45 ACP, .38 Sup., .40 S&W, 9mm, 10mm, .357 Sig. Ply ProCar Stnl All .45 ACP PlyStnl Gld Mat All .45 ACP Poly Gold Match All .38 SUP, 9mm, .40 S&W, .45 ACP

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1128 Poly Stainless All .45 ACP Polymer All .45 ACP, .38 SUP, 9mm, .40 S&W Polymer Custom .45 ACP Polymer Pro Car All .45 ACP Predator .221 FIRE, .223 REM, 7MM TCU Pro Aegis II 9mm Pro Carry All .45 ACP, .40 S&W Pro Carry HD All .45 ACP Pro Carry HD II All .38 Sup., 9mm, 10mm, .40 S&W, .357 Sig, .45ACP Pro Carry HD II All .38 Sup., 9mm, 10mm, .40 S&W, .357 Sig, .45ACP Pro Carry II All .45 ACP Pro Carry II All 9mm Pro Carry Ten II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. Pro CDP .45 ACP Pro CDP II All .40 S&W, .45 ACP Pro Elite .45 ACP Pro Raptor II .45 ACP, 10mm, .38 Super Pro SLE .45 ACP Pro Tactical .45 ACP II/Tactical Pro II Pro Tactical All .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. II/Tactical Pro II Pro TLE II Pro TLE II .45 ACP ProCar Stnls II All .40 S&W, .45 ACP ProCarry Stnls All .40 S&W, .45 ACP Raptor II .45 ACP, 10mm, .38 Super Rimfire Target II 17M2 .22, .17 Mach2 Royal Carry .45 ACP Royal II All .45 ACP SIS Custom RL .45 ACP SIS-PRO .45 ACP Stainelss Target II All .38 Sup., 9mm, .40 S&W, 10mm, .357 Sig., .22 LR Stainless All .17 HM2 Stainless All .38 SUP, 9mm, .40 S&W, .45 ACP Stainless II All .45 ACP Stainless II All .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig., .22 LR Stainless Ten II All .45 ACP, .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. StnGldMat SE II All .38 SUP, .45 ACP Stnless. Covert .45 ACP

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1129 Stnls Target II All .45 ACP Stnlss Target All .38 SUP, 9mm, .40 S&W, .45 ACP Stnlss Target All .17 HM2 Super Match .45 ACP Super Match .22 LR, .17 HM2 Super Match II All .45 ACP Tactical Custom II All .45 ACP, .40 S&W, .38 SUP., 9mm, 10mm, .357 Sig. Target Match .45 ACP Team Match II .45 ACP Team Match II .38 Super TLE II .45 AP TLE II R .45 ACP Ult Carry Stnls All .40 S&W, .45 ACP UltCar Stnls II All .40 S&W, .45 ACP Ultra RCP II .45 ACP Ultra Carry All .40 S&W, .45 ACP Ultra Carry II All .45 ACP Ultra CDP All .40 S&W, .45 ACP Ultra CDP II All .40 S&W, .45 ACP Ultra Elite All .45 ACP Ultra Raptor .45 ACP Ultra SP II Special Edition .45 ACP Ultra Tactical II .45 ACP Ultra Tactical II All .40 S&W, .38 Sup., 9mm, 10mm, .357 Sig. Ultra Ten II All .45 ACP US Team Match II .45ACP Warrior .45 ACP, 10mm, .38Super Korriphila GMBH HSP 701 .45 ACP, 9mm Korth GMBH 1979 .32/357 Combat .357 MAG Semi-automatic .357 Sig, .40 S&W, 9mm, 9x21 Tactical .45 ACP KSN Industries, Inc. Golan 9 MM & .40 S&W Kareen Compact 9mm Kareen MK II 9mm, .40 S&W

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1130 L.A.R. Grizzly .45 WM, 10mm Grizzly .357 MAG, .357/45, .45 ACP Grizzly G44M4 .44 MAG Grizzly 50 Mark V .50 AE Laseraim Arms Series I 1015 -FS, AS, LS, US 10mm Series I 4513 -FS, LS .45 ACP Series I 4515 -FS, AS, LS, US .45 ACP Series II 1025 -FS, AS, LS, US 10mm Series II 4523 -FS .45 ACP Series II 4525 -FS, AS, LS, US .45 ACP Series III 1035 -FS, AS 10mm Series III 4535 -FS, AS, LS .45 ACP Warthog 453WS, 403WS .45 ACP, .40 S&W Wild Weasel 405WS, 405WHS .40 S&W Wild Weasel 455WS, 455WHS .45 ACP Les Baer Custom 1911 S.R.P. .45 ACP Baer Premier II .45 ACP Baer S.R.P. .45 ACP Bullseye Wadcut .38 SUP, .45 ACP Concept I,II .45 ACP Concept III,IV .45 ACP Concept IX,X .45 ACP Concept V,VI .45 ACP Concept VII .45 ACP Concept VIII .45 ACP Custom Carry .45 ACP Monolith/Hvywt. 9mm, .40 S&W, .38 SUP, .45 ACP N.M. Hardball .45 ACP Premier II 9mm, .40 S&W, .38 AUP, .45 ACP Premier II .400 .40 S&W Premier II 6‖ .45 ACP Prowler III .45 ACP Prowler IV .45 ACP, .38 SUP Stinger 9mm, .40 S&W, .38 SUP, .45 ACP Target Master 1911 .45 ACP Thunder Ranch 9mm, .40 S&W, .38 SUP, .45 ACP

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1131 Ult Mast Combat .45 ACP Ult. Mast. Para .45 ACP Ultimate Master 9mm, .40 S&W, .38 SUP, .45 ACP UltMast Compen. .45 ACP UltMast ParaLtd .45 ACP X-treme Tactical LBP2310/ETP .45 ACP Pistol Llama 111-A .380 ACP Comanche III .357 MAG Comp. Frm IXD .45 ACP Comp. Frm MAX-I .45 ACP IX-A .45 ACP IX-B (Compact) 0.45 Lrg. Frm. IXC .45 ACP Lrg. Frm. MAX-I .45 ACP M-82 9MMP M-87 9mm Max II .45 ACP, 9mm, 10mm MAX-I .45 ACP MAX-I-Govt. 9mm, .45 ACP Micromax .380 ACP Minimax 45,40,9 .45 ACP, .40 S&W, 9mm Omni 9mm Super Comanche .44 MAG VIII .38 SUP X-A .32 ACP XIB 9mm XII-B - 40DTC .40 S&W XV .22 LR Lone Wolf Timberwolf N/A N/A (Frame) M.O.A. Maximum All Maadi Co Helwan 9mm Magnum Research BFR Little Max .454 Cas, .45 LC, 22 H, .50 AE BFR Maxine .45 LC, .45-70, .444 Marlin

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1132 BFR N/A .480 Ruger/.475 Linebaugh, .460 S&W, .450 Marlin, 30-30 Winchester, .500 S&W Desert Eagle 1911 ―G‖ .45 ACP Desert Eagle 1911 ―G‖ .357 MAG, .44 MAG, .50 AE Lone Eagle All Micro Desert Eagle ME 380 .380 ACP Mountain Eagle MEP 2201 .22 LR Picuda ML-1722 .22 LR, .17 HMR Manchester Arms Comm. Mini-45 .45 ACP, 9mm Manurhin MR 22 0.22 MR 32 0.32 MR 73 0.357 P-1 9mm PP .22 LR PPK/S .22 LR, .32 ACP, .380 ACP Match Guns MG2 MG2 .22 LR Mateba 6 Unica .44 Remington Mag. Mauser 80 SA 9mm 90 Compact DA 9mm 90 DA 9mm HSC .32/7.65, .380/9MMK Metro Arms Amer. Classic II - 1911 45ACII & AC45G .45 ACP 1911 Gov. Mod. Mil, Inc. Thunder 5 .45LC/.410,9MM,38/357,.380.44M Mitchell Arms Inc. Am. Eag. Luger P-08 9mm Army Model .22LR, .357 MAG, .44 MAG,.45LC Gold Series Standard or Wide .45 ACP HS Citation II HSCITSS5/7 .22 LR HS Sharpshooter II - HSSHFSS5 .22 LR HS Sport KingII HSKNGSS4/6 .22 LR HS Trophy II HSTPHSS5/7 .22 LR

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1133 HS Victor II HSVIC 554/5/DTS/WRS .22 LR HSOlympic ISUII HSISUSS6 .22 SH Morini Single Shot 84E .22 LR Navy Arms 1875 Sch Cavlry Deluxe, Engraved .44-40, .45 Colt 1875 Sch Hdout. .44-40, .45 Colt 1875 Sch WlsFrg Deluxe, Engraved .44-40, .45 Colt New Mod Russian .44 Russian Schofield .44-40 New England Firearms Standard Revolv R22-091 & R22-001 .22 WIN Standard Revolv R22-092 & R22-002 .22 WIN Standard Revolv R73-021 & R73-022 .32 H&R Standard Revolv R73-031 & R73-032 .32 H&R Standard Revolv R92-002 .22 LR Standard Revolv R92-091 & R92-001 .22 LR Standard Revolv R92-092 & R92-093 .22 LR Ultra Revolver R22-094 & R22-095 .22 WMR Ultra Revolver R73-095 & R73-094 .32 H&R Ultra Revolver R92-094 & R92-095 .22 LR Nighthawk Custom Dominator 1911 .45 ACP, 9mm, 10mm, .40 S&W, .357 Sig Enforcer 1911A1 .45ACP,9mm, 10mm, .38 Super, .22LR, .40 S&W Enforcer II 1911 .45 ACP, .40 S&W, 10mm, 9mm, .38 Super, .357 Sig, .22 LR GRP 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm GRP II 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm GRP Recon 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm Lady Hawk 1911 9mm, .45 ACP, .40 S&W Predator .45ACP, .22LR, ,38 Super, 9mm, 10mm, .40 S&W Predator II 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm Predator III 1911 .45 ACP, .40 S&W, 10mm, 9mm, .38 Super, .357 Sig, T 3 1911 .45 ACP, 9mm, 10mm, .40 S&W, .357 Sig Talon II 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm Talon III 1911 .45 ACP, .38 Super, 10mm, .40 S&W, 9mm Talon IV 1911 .45 ACP, .40 S&W, 10mm, 9mm, .38 Super, .357 Sig, .22 LR Talon Recon Rail .45 ACP, .22LR, .40 S&W, .38 Super, 10mm, 9mm MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1134 Norinco 1911-A1 0.45 77B 9mm M1911 Pistol .45 ACP M-213 9MM Makarov 59 .380 ACP, 9X18 Mini-NZ75 Pist. 9MM NP-15 & NP-15A 9mm PS-01 Pistol .22 LR Sportsman M-93 .22 LR Tokarev 54-1 7.62x25, 9mm Type NZ75 Pist. 9mm Norinco - Navy Arms TT Olympia WOP022 .22 LR North American Arms Guardian .32 ACP, .380 ACP, .25NAA, .32NAA Guardian .32 ACP, .380 ACP, .25NAA, .32NAA The Earl 1860 22 Mag. Nowlin Mfg. 7 X Excaliber (a.k.a. Dominator) 9mm, .38 SUP, 9X23 Carry 9mm, .40 S&W, .45 ACP, 9X23 Challenger 9mm .38S 9X23 .40S&W .45ACP Crusader 9mm .38S 9X23 .40SW .45ACP Match Classic 9mm .38S 9X23 .40S&W .45ACP Match Master .38 SUP, 9X23, .45 ACP Mickey Fowler .45 ACP World Cup PPC All Olympic Arms Wolverine .22 LR Ordnance Technology SSP-91 All Pachmayr Dominator All Pacific Arms Corp Frame 1911A1 .45 ACP Para USA, Inc. GI Expert .45 ACP

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1135 40439 PX 189S 9mm S 16.40 P16-40 Series .40 S&W Slim Hawg PSH645 R .45 ACP Super Hawg PLX 1445S .45 ACP Super Hawg PLX 1445S .45 ACP Super Hawg PLX 745 S .45 ACP Para-Ordnance 1911 SSP .45 ACP 7.45 LDA .45 ACP CCW .45 ACP, 9mm, .40 S&W F14-45 or F16-45GR ** (See Notes on last page) LTC .45 ACP, 9mm, .40 S&W OPS .45 ACP, 9mm, .40 S&W P10 Series .45 ACP, .40 S&W P12-45 Series .45 ACP P12-LDA .45 ACP, .40 S&W, 9mm P13-45 Series .45 ACP P14.45 LDA .45 ACP P14-10,10C,10S 10mm P14-40 Series .40 S&W P14-45 Series .45 ACP P15-10,10C,10S 10mm P15-40 Series .40 S&W P16-10,10C,10S 10mm P16-40 Series .40 S&W PX938S .38 Super Tac-S .45 ACP, 9mm, .40 S&W Black Watch SSP & Companion .45 ACP, 9mm, .40 S&W Carry .45 ACP, 9mm, .40 S&W Carry 12 .45 ACP, 9mm, .40 S&W Carry 9 CWX79R 9mm Colonel .45 ACP, 9mm, .40 S&W Companion Carry CCO .45 ACP, 9mm, .40 S&W Option D1640LDA .40 S&W Hawg 9 WHX129R 9mm Hi-Cap, Hi-Cap .45 ACP, 9mm, .40 S&W Limited P18 P10 D18 T18 All 9mm Para Carry C6.45LDA 9mm, .40 S&W, .45 ACP Para Companion C7.45LDA 9mm, .40 S&W, .45 ACP MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1136 Stealth Carry .45 ACP, 9mm, .40 S&W Stealth Hi-Cap .45 ACP, 9mm, .40 S&W Stealth Limited, .45 ACP, 9mm, .40 S&W Limited Stealth P14-45 rename # 1100 Tac-Four, Spec .45 ACP, 9mm, .40 S&W Ops Tac-Four Warthog rename #1169 Pardini Armi GT45, GT45S, PC45, PC45S .45 ACP GPO Internation .22 S GPS .22 S MP32 .32 SWL SP & HP .22 LR, .32L Peter Stahl GMBH M1911 .45, 10mm, 9mm Phelps Eagle I 0.44 Heritage I .45-70 Phillips & Rodgers Medusa 47 .38, .357, 9mm Phoenix Arms HP-22 .22 LR Precision Small Arms Precision PSA 25 GR4000 .25 ACP Quality Firearms, Inc. SO38B2/SO38B4 .38 Sp. SAA Western .22 LR Ranger Radom MAG 95 9mm P-83 9mm RAM-LINE, Inc. Exactor RPR 2215 .22 LR Exactor-Target RPT 2238 .22 LR Randall Combat .45 .45 ACP Raider/Service .45 ACP, 9mm Service Model A-111 .45 ACP MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1137 Remington Arms Co., Inc. XP100 All XP-100 Custom All XP-100R KS All Republic Arms of South Africa RAP 401 9mm, .40 S&W RAP 440 9mm .40 S&W .45 ACP .357 SIG Republic Arms, Inc. Patriot .45 ACP Rexio RJ-38 .38 Spl. Pucara 226 .22 LR Pucara 324 .32 SWL Pucara 326 .32 SWL Pucara 384 .38 SP Rock Island Armory Governmnt, 1911A1 .45 ACP, .38 SUP, 9mm Commander, Officers Hi-cap 1911A1 .45 ACP Government Rock River Arms Inc. Basic Ltd Match 9mm, .38SUP, .40 S&W, .45 ACP Bullseye Wadcut .45 ACP Frame ** Ltd. Match 9mm, .38SUP, .40 S&W, .45 ACP Nat Match Steel 9X23, .38SUP, .40S&W, .45ACP Nat Mtch Hrdbll .45 ACP Standard Match 9mm, .38SUP, .40 S&W, .45 ACP Ult Mtch Achiev 9X23, .38 SUP, .40S&W, .45ACP Rohrbaugh Firearms R9, 380 R9, 380 9mm, .380 RPM or Rock Pist. Man. Inc. Merrill Sportsm All XL Pistol All S R L Adler Revolver .357 Mag. Single Action .45 LC

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1138 S.A.M. 1911 Std, BT(HS,Com), Com .45 ACP Safari Arms Enforcer SA AL356 E (ALUM.) .45 ACP Enforcer SA17-4E (STAINLESS) .45 ACP Enforcer SA20D, SA20E .45 ACP Enforcer SA60A, SA60B, SA60C .45 ACP Enforcer SA8630 E (STEEL) .45 ACP Enforcer Short Grip SA20C .45 ACP Matchmaster SA 17-4M (SS) .45 ACP Matchmaster SA AL356 M (ALUM.) .45 ACP Matchmaster SA8630 M (STEEL) .45 ACP Matchmaster Frm SA20, SA20A, SA20B ** (See Notes on last page) Matchmaster Frm SA32SS (SS KIT) ** (See Notes on last page) Matchmaster Frm SA348630 (STL. KIT) ** (See Notes on last page) Sardius or Sirkis SD9 9mm Savage Arms Striker .22-250 .243 .308 WIN .223 REM Striker .17 HMR Striker .22 LR/MAG Seecamp LWS-.32 .32 ACP LWS380 LWS380 0.38 Sig Sauer/Sigarms Inc. 220R .45 ACP P-210 (1,2,5,6) .22 LR, 7.65mm, 9mm P-220 .38 SUP, .45 ACP, 9mm P-220 .22 LR P-225 9mm P-226, P-226 Jubilee .22 LR P-226, P-226 Jubilee 9mm, .40 S&W, .357 SIG P-228 9mm P-229 .357 SIG, 9MM, .40 S&W P-229 .22 LR P-229S 9mm, .40 S&W, .357 SIG P-230 .380 ACP P-232 .380 ACP, .32 ACP P-238 .380 ACP MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1139 P-239 9mm, .357 SIG, .40 S&W P-245 .45 ACP, .40 S&W P250 C , P250, P250 Sub-compact 9mm, .40 S&W, .357 SIG, .45 ACP Sig Pro SP2009 9mm, .40 S&W, .357 SIG Sig Pro SP2340 .40 S&W, 9mm, .357 SIG Trailside .22 LR GSR 1911 1911 .45 ACP Mauser M2 9mm, .40S&W, .357 SIG, .45 ACP Mosquito .22 LR P 556 Pistol P 556 5.56 Sig Pro SP2022 9mm, .357 Sig, .40 S&W Skyy Industries CPX-1 9mm Smith & Wesson 42 .38 SP 845 .45 ACP 10 .38 SP 1.0061E+15 10mm 1066(NS), 1076(NS) 10mm 12 .38 SP 13 .357/.38 14 .38 SP 15 .38 SP 16 .32 Mag. 17 .22 LR 18 (22 Comb. Mast.) .22 LR 19 .357/.38 1911, SW1911DK .45ACP 1911, SW1911DK 9mm 1911, SW1911DK .38 Super 1911SC .45 ACP 21 .44 Spl 2206 .22 LR 2213, 2214 .22 LR 24 .44 SP 242 .38 SP+P 27 .357/.38 28 (Hwy. Patrol.) .357 Mag. 296 .44 S&W SP 31 .22 LR, .32 S&W

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1140 317 .22 LR 317 LS .22LR/MAG 325 .45 ACP 327 .357 Mag. 327 M&P .357 Mag. 329PD .44 Mag. 331 .32 H&R 332 .32 H&R 337 .38 SP+P 337 PD .38 SP 34 .22 LR, .32 CAL 342 .38 SP+P 342 PD .38 SP 351PD .22 Mag 357PD .41 Mag. 36 .38 SP 360SC .357 Mag 36LS .38 SP 37 .38 SP 38 .38 SP 386 Sc/S .357 Mag. 3904, 3906 9mm 3913, 3914, 3913 TSW 9mm 3913LS, 3914LS 9mm 3913-NL, 3914-NL 9mm 3953, 3954, 3953 TSW 9mm 40 .38 S&W Special 4003 & 4004 .40 S&W 4006, 4026, 4046 .40 S&W 4013 & 4014 .40 S&W 4043 & 4044 .40 S&W 4046 TSW .40 S&W 4053, 4054, 4053 TSW .40 S&W 41 .22 LR 410 .40 S&W 410S .40 S&W 411 .40 S&W 42 .38 Sp. 422 .22 LR 431 .32 H&R Magnum

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1141 432 .32 H&R Magnum 439 9mm 4421 .38 SP 4505, 4506 .45 ACP 4513 TSW .45 ACP 4516 .45 ACP 4526 0.45 4536 .45 ACP 4546 0.45 4553 TSW .45 ACP 4556 .45 ACP 4566 FS .45 ACP 4567 .45 ACP 457 .45 ACP 4576 .45 ACP 457S .45 ACP 4586 .45 ACP 459 9mm 4596 .45 ACP 460 .38 SP 460 XVR .460 S&W Mag. 469 9mm 4690 & 4691 9mm 48 (K-22 Mast. MRF) .22 MRF 49 .38 SP 500 .500 S&W Mag. 520 .357 Mag. 19025 .38 SP 544 .44-40 547-M 9mm 57 .41 Mag. 581 .357 Mag. 586 .357/.38 5903, 5904, 5906 9mm 5905 9mm 5906 Sp. Edition 9mm 5924 & 5926 9mm 5943, 5943SSV 9mm 5944 & 5946 9mm 5967 9mm

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1142 60 .357 Mag., .38 SP 60 .38 SP 60LS .38 SP, .357 Mag. 610 10mm 617 .22 LR 619 .357 Mag 620 .357 Mag 622, 622 VR .22 LR 624 .44 SP 627 .357 Mag. 629 Classic DX .44 Mag. 629 Hunter .44 Mag. 629 Mag Comp .44 Mag. 629 or 629 Classic .44 Mag. 63 .22 LR, .32 S&W 631, 631-LS .32 H&R 632 (Centennial) .32 H&R 637 .38 SP 638 .38 SP 639 9mm 64 .38 SP 640 .38 SP 640 (Carry Comp) .38 SP 642 (Centennial) .38 SP 642 Lady Smith .38 SP 645 .45 ACP 6450, 6451, & 6452 .45 ACP 646 .40 S&W 647 .17HMR 648 .22 Mag. 649 .357 Mag., .38 SP 65 .357/.38SP 65 Lady Smith .357/.38SP 650 (Serv. Kit Gun) .22MRF/LR 651 (Serv. Kit Gun) .22MAG/LR 657 .41 Mag. 659 9mm 6590, 6591 & 6592 9mm 66 .357/.38 6685 .357MAG/.38 SP

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1143 669 9mm 6690 & 6691 9mm 67 .38 SP 68 .38 SP 681 .357 Mag. 686 Mag Comp .357 Mag. 686, 686 Carry Comp .357 Mag. 6904 & 6906 9mm 6924 & 6926 9mm 6944 & 6946 9mm 696 .44 SP 745 .45 ACP 908 9mm 908S 9mm 909 9mm 910 9mm 910S 9mm 915 9mm 940 (Centennial) 9mm 945 .45 ACP 952 9mm, .40 S&W, .357 SIG M&P .45 ACP M&P 9mm, .40 S&W, .357 Sig M&P 340 .357 Mag. M&P 360 .357 Mag. M&P40C, M&P9C, M&P357C .40 S&W, 9mm, .357 Sig SW99 .45 ACP SW99 Compact .45 ACP, 9mm, .40 Cal. SW990L .45 ACP, 9mm, .40 S&W #3 Schofield .45 Schofield, .45 S&W .357 MAG K- .357 Mag. Comp 22A, 22S Target or Sport .22 LR 25 All as of 4/30/96 .45 COLT 29 All as of 4/30/96 .44 Mag. 310 Night Guard 10mm 38 Super 8-Shot 627 .38 SUP 40 Tactical 4003, 4043, 4006 .40 S&W 45 Tactical 4566 4563 4583 4586 .45 ACP 625 All as of 4/30/96 .45 ACP

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1144 629 Backpacker .44 Mag. 686 Competitor, Hunter .357 Mag. 9 Tactical 5903, 5906, 5946 9mm Air Lite SC 340S,340P,360S .357 Mag. Airlite PD 325 PD .45 ACP Airlite PD 386P .357 Mag. Airlite SC Mt L .357 MAG .357 Mag. Airwt. Cent. 442 .38 SP Centennial -460204 .357/.38SP Chiefs‘ Special CS9, CS45, CS40 9mm, .45 ACP, .40 S&W Clas Power Port 629 .44 Mag. Dist Comb Mag + 686 .357 Mag. M&P 15 MP-15-22 .22 LR Mountain Lite 396, 3960 .44 SP N/A 315 .38 S&W Special N/A 396 .44 SP PC 60 Car. Comp 60 .38 SP PC 651 651 .22 Mag. PC 66-F Comp. 66 .357 Mag. PC Shorty 45 .45 ACP Perf Cent Comp. .356 TSW, 9mm, .40 S&W Perf. Cent. 356 .356 TC, .356 TSW .356 TSW Perf. Center 9 PC9 Compact 9mm Performance -443221 .38 Sup. Center Shorty Forty .40 S&W Sigma Compact C or V .40 S&W, 9mm Sigma SW357 .357 SIG Sigma SW380 .380 ACP Sigma SW40F .40 S&W Sigma SW9/40 E, VE, GVE GVE Sigma SW9/40 E, VE, GVE 9mm, .40 S&W Sigma SW9F 9mm Sigma SW9M 9mm Super 9 9X19, 9X21, .356 TSW SW 99 9mm, .357 SIG, .40 S&W SW9P, SW40P 9mm, .40 S&W Tactical 45, 9, 40 .45 ACP, 9mm, .40 S&W Tactical S&W 4013TSW .40 S&W Thunder Ranch 22 .45 ACP

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1145 Solothurn AT84DA 9mm AT88 9mm Sphinx AT .380 .380 ACP AT-2000 SDA/PDA/HDA 9mm/41AE AT-2000C, AT-2000GM 9mm, .40 S&W AT-2000H 9mm, .40 S&W AT-2000P/PS 9mm, .40 S&W AT-2000S 9mm, .40 S&W Competitor AT-2000 9X21 MM, .40 S&W Grand Master AT-2000 9X21 MM, .40 S&W Springfield Armory/Inc. XD-45:Service Model, LE Tactical, Sub- .45 ACP compact, V10 XD-45:Service Model, LE Tactical, Sub- .45 GAP compact, V10 1911 AI EMP 9mm, .40 S&W 1911-A1 .38S, 9mm, .45, 10mm, .40 S&W 1911-A1 90‘s Edition .38S, 9mm, .45, 10mm, .40S&W 1911-A1 90‘s Linkless .38S, .40 S&W, .45 ACP, 10mm 1911-A1 90‘s Linkless Comp. .38S, .40 S&W, .45 ACP, 10mm 1911-A1 Champion .38S, 9mm, .45, 10mm, .40 S&W, 1911-A1 Collectors 0.45 1911-A1 Commander .40 S&W 1911-A1 Commander Compnsted. .38 SUP, .45 ACP, 9mm 1911-A1 Commemoratives ALL 1911-A1 Compact .38S, .40 S&W, 10mm 1911-A1 Compensated .38S, 9mm, .45, 10mm, .40 S&W 1911-A1 Custom & Spec. Bld. .38S, 9mm, .45, 10mm, .40 S&W 1911-A1 Cmp. Fr 1911-A1 .45 ACP, 9mm 1911-A1 .38 SUP, .45 ACP, 10mm, 9mm Command 1911-A1 90‘s Edition .38 SUP, .45 ACP, 9mm Command 1911-A1 Compensated .38 SUP, .45 ACP, 9mm Command 1911-A1 Compact 1911-A1 .45 ACP, 9mm 1911-A1 Frame ** (See notes on last page) 1911-A1 SS 1911-A1 .38S, 9mm, .45, 10mm, .40 S&W 1911-A1 SS Champion Frame .38S, 9mm, .45, 10mm, .40 S&W

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1146 1911-A1 SS Champion Pistol .38S, 9mm, .45, 10mm, .40 S&W 1911-A1 SS Compact Frame .38S, 9mm, .45, 10mm, .40 S&W 1911-A1 SS Compact Pistol .38S, 9mm, .45, 10mm, .40 S&W 1911-A1 SS Frm. 1911-A1 .45 ACP, 9mm 1911-A1: ALL .45 ACP, 9mm, .38 SUP, 9X25DIL 1911-A2 S.A.S.S 1911-A2 All Defender 1911A1 .45 ACP Firecat 9mm, .40 S&W, .45 M6 22LR/45LC Micro Compact .45 ACP Omega .38S, 9mm, .45, 10mm, .40 S&W Omega ―Match‖ .38S, 9mm, .45, 10mm, .40 S&W P-9 Comp, Cust & Sp Bld. 9mm, .40 S&W, .45, 9X21 P-9 Compact 9mm, .40 S&W, .45, 9X21 P-9 Standard 9mm, .45, .40 S&W, 9X21 P-9 Standard 90‘s Ed. .45, 9X21 P-9 Standard Compensated .45, 9X21 P-9 Sub Compact .45, 9X21 P-9 Ultra 9mm, .40 S&W, .45, 9X21 P-9 World Cup 9mm, .40 S&W, .45, 9X21 P-9 Comp. Frame P-9C ** (See notes on last page) P-9 LSP 9mm, .40 S&W, .45, 9X21 P-9 Pistol 9mm P-9 SS Frame or Compensted. 9mm, .45, .40 S&W, 9X21 P-9 SS Standard or Ultra 9mm, .45, .40 S&W, 9X21 P-9 Standard 90‘s Edition .40 S&W, 9mm P-9 Standard Compensated .40 S&W, 9mm P-9 Std. Frame P-9 ** (See Notes on last page) P-9 Sub Cmp. Fr P-9 .40 S&W, 9mm P-9 Sub Compact P-9 .40 S&W, 9mm Panther 9mm, .40 S&W, .45 V-10 .45 ACP V-16 Long Slide 9mm, .45 ACP, .357 SIG XD 9mm XD .40S&W, .357 SIG XD XDm-9, XDm-40 9mm, .40 S&W Stallard Arms Maverick JS-9MM 9mm

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1147 Star 30M 9mm 30P, 30PK 9mm 31P, 31PK .40 S&W, 9mm BKM 9mm BM 9mm BS 9mm DKL 0.38 Firestar .45 ACP Firestar (M-40) .40 S&W Firestar (M-43) 9mm Firestar (M-45) .45 ACP Firestar Plus 9mm, .40 S&W, .45 ACP Megastar .45 ACP, 10mm Model B 9mm PD .45 ACP Super B 9mm Ultrastar 9mm Steyr GB80 9mm S9 9mm SPP 9mm Steyr Mannlicher M40-A1, M9-A1, M357-A1 .40 S&W, 9mm, .357 Sig. S40-A1, S9-A1, S357-A1 .40 S&W, 9mm, .357 Sig. M357 .357 SIG M40 .40 S&W M9 9mm Steyr Match FP 1800 .22 LR STI International 1911 Frame BLS-40 & LS-40 .40 S&W BLS-9 & LS-9 9mm Competitor .38 SUP Duty One 9mm, .40 S&W Eagle 5 9mm, .38 Super, .40 S&W Eagle 5.1 & 5.5 2011 .45ACP, .40S&W, 10mm, 9X21 .38SUP Eagle 6 9mm, .38 Super, .40 S&W Edge 9mm, 10mm, .40 S&W, .45 ACP MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1148 Elektra 9mm, 38 Sp., 40 S&W, .45 ACP Escort .45 ACP, 9mm Executive .40 S&W Falcon 3.9 2011 .45ACP, .40S&W, 10mm, 9X21 .38SUP Frame-Mod. 2011 ** (See Note) GM .38 SUP, 9mm, 9x23, GP5 9mm GP6C, GP6 9mm GP6C, GP6 9mm Grandmaster 2011 .38 SUP Grandmaster 2011 9mm, 9x23, .45 ACP, .40 S&W Guardian .45 ACP, 9mm Hawk 4.3 2011 .45ACP, .40S&W, 10mm, 9X21 .38SUP Hawk, Eagle Frm 2011 ** (See Notes on last page) IPSC 30TH Anniv. 9mm, .40 S&W Commem. Lawman .45 ACP Perfect 10 10mm Rangemaster 9mm Ranger 9mm, .40 S&W, .45 ACP Ranger II 9mm, .40 S&W, .45 ACP Sentry 9x19, .40 S&W, .45 ACP Shadow 9mm, 38 Sp., 40 S&W, .45 ACP Spartan .45 ACP, .40 S&W, 9mm, .38 SUP, 10mm Special Edition 9mm. .40 S&W SteelMaster 9mm, .38 SUP, .40 S&W, .45 ACP Stinger 9mm, .38 Super Tactical 9mm, .40 S&W Tactical Lite 9mm, .40 S&W Targetmaster 9mm Trojan 9mm, .45 ACP, .40 S&W Trojan .38 Super Trubor 9mm, 9x23, .38 Super VIP 9mm, .38 SUP, .357 SIG, .40S&W VIP .45 ACP Stoeger Industries A.E. Luger Navy 9mm A.E. Luger P-08 9mm Cougar 31704 9mm, .40 Cougar 31704 .45 ACP MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1149 Vent,Bull,Flute .22 LR Strayer Voight Inc. Frame Kit ** Infinity .38 SUP, .357 SIG, 9mm, 9X21 Infinity .40 S&W, 10mm, .45 ACP, 9X23 Sturm Ruger KP345 & KP345PR .45 ACP SP-101 .327 Fed Magnum 22 Charger CHR22-10 .22 LR, .17 HMR 22/45 .22 LR 50th Anniv.New NVB34-50, S465N-50 .357 Mag. Model Blkhawk 50th Anniv.New NVB34-50, S465N-50 .44 Mag. Model Blkhawk Bearcat .22LR/.22MAG Bisley-Vaquero New Model Sing. Act. .45 LC, .44 Mag., .357 Mag. GP-100 (DA) KGP-4327 .327 Fed Magnum GP-100 (DA) KGP-4327 .357 Mag./.38 SP KMKIII512 10103 .22 LR KMKIII678GC 10112 .22 LR KMKIII678H 10118 .22 LR KMKIII817 MKIII .17 Mach 2 KP345DPR 6648 .45 ACP KP45MKIII 10121 .22 LR KP512MKIII 10110 .22LR KP512MKIII RP .22 LR KP678HMKIII 10120 .22 LR KP95DPR15 13010 9mm KP95PR15 13014 9mm KP-97D, DAO .45 ACP LCP 3701 .380 ACP LCR, LCR-LG .38 SP + P Mark II Comp, Gv. Bull .22 LR Mark II Stnd., Target .22 LR Mark II Gv Bull .22 LR Mark II Target .22 LR Mark III 10116 .22 LR MK II Bull .22 LR MKIII Hunter KMKIII45HCL .22 LR MKIII4 10104 .22 LR

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1150 MKIII512 MKIII .22 LR MKIII6 10105 .22 LR MKIII678 10106 .22 LR New Mod Bisley .41 Mag., .44 MAG/SP, .45 COLT New Mod Bisley .22 LR, .32 Mag., .357 Mag. New Mod Blkhwk .357/9MM, .38-40/10, .41 MAG New Mod Blkhwk .44-40/44, .45 LC, .45 LC/ACP New Mod Blkhwk KBN-3275 327 Fed Magnum New Mod Blkhwk KBN-3275 .30 Car., .32-20/32, .357 Mag. New Mod Sup Blk .44 MAG/SP New Model BN-31L/34L/36L/41L/42L/44L/45L/455L,BN- .30 Carbine, .357, .357/9mm, .41, .45LC, Blackhawk 34XL/36XL/44XL/45XL/455XL, KBN3275 .45LC/.45ACP New Model BN-31L/34L/36L/41L/42L/44L/45L/455L,BN-34XL/36XL/44XL/45XL/455XL, KBN3275 Blackhawk New Model Single KNR-717H .17 HMR Six New Model Single NR-4FL/5FL/6FL, NR-4L/5L/6L,9L .22 LR/.22 mag. Six New Model Single NR-4FL/5FL/6FL, NR-4L/5L/6L,9L Six New Vaquero KNVRB-455 .45 Colt New Vaquero NV-34/35/44/45/455, KNV- .357 Mag 34/35/44/45/353/453/55 New Vaquero NV-34/35/44/45/455, KNV- .45 LC. .44 Mag., .357 Mag., 44-40, .32 H&R Mag 34/35/44/45/353/453/55 New Vaquero NV-34/35/44/45/455, KNV- .45 Colt 34/35/44/45/353/453/55 New Vaquero NV-34/35/44/45/455, KNV- .45 Colt 34/35/44/45/353/453/55 P or KP 85 All 9mm P or KP 89 All 9mm P or KP 90 All .45 ACP P or KP 91 All .40 S&W P or KP 93 All 9mm P or KP 94 All 9mm, .40 S&W P or KP 95 DAO, DC, Man Safety 9mm P345PR 6647 .45 ACP P45GCMKIII 10119 .22LR P4GCMKIII MKIII .22 LR P4MKIII 10109 .22 LR P512MKIII 10107 .22 LR P95DPR15 13011 9mm P95PR15 13015 9mm

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1151 Pol. Serv.-Six .357 Mag., .38 SP Redhawk .45 LC, .454 Cas, .41 Mag. Redhawk .41 Mag. Redhawk Da .357 Mag., .41 Mag., .44 Mag Security Six Da .357 Mag, .38 SP Sing Six Lim Ed .22LR/MAG Single Six .22 LR, .32 Mag. SP-101 .357 Mag., .38 SP, 9mm SP-101 KSP-321XEN .22 LR, .22 WRM, .32 H&R MAG SP-101 KSP-321XEN .357 Mag Speed Six .357 Mag., .38 SP SR9 9X19 mm SR9C 9mm Sup Blk Hunter KS-417NHB .41 Mag Sup Blk Hunter KS-417NHB .44 Mag. Sup. Single Six .22 LR Super Blk Hunter KS-457NHB .45 Colt Super Redhawk .480 Ruger Super Redhawk .454 Casull .45 LC .44 MAG/SP Vaquero .357 MAG .44-40 .44 MAG .45 LC Vaquero .40 S&W Super Six Ltd. Gld. Bull Bison & Outdoorsman .45-70 Tactical Solutions Pac-lite (receiver .22 LR only) Talon Industries T100 .380 ACP, 9MM, .40 S&W T200 9mm, .40 S&W Tanarmi BTA 90B/C 9mm TA 22 .22 LR TA 226 .22/22LR TA 22M 22/22WRM TA 41B/C .41 AE TA 41BT/CT .41 AE TA 41SS .41 AE TA 76 .22 LR TA 766 22/22WRM TA 769 22/22WRM MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1152 TA 76C .22 LR TA 76M/MC 22/22WRM TA 90BT/CT 9MMP TA 90BTK 9MM/41AE TA 90SS 9MMP Taurus 709B, 709SS, 709TI 9mm 709B, 709SS, 709TI 9mm 905 9mm M606 .357 Mag. M817UL .38 Spl. PT 24/7 0.4 PT 24/7 .45 ACP PT 24/7 9mm PT1911 .38 Super, 9mm PT1911 .45 ACP PT1911 10mm PT38S .38 Super PT745 Pro .45 ACP PT909 9mm PT917C 9mm 17C 17C .17 HMR 24/7 OSS 9mm, .45 ACP, .40 Cal. 38 0.38 431 .44 SP 441 .44 SP 445, 445CH .44 SP 605 .357 Mag. 607 .357 Mag. 608 .357 Mag. 617 .38 SP, .357 Mag. 627 Tracker .38 SP, .357 Mag. 627 Tracker .44 SP .44 Mag., .45 LC .41 Mag. 65 .357/.38 66 CP .357 MAG/.38 669 CP .357 MAG/.38 689 .357 Mag 73 .32 H&R 731 .32 H&R and S&W 738 TCP 1-738039 .380 ACP MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1153 741 .32 H&R 76 .32 H&R 80 .38 SP 809, 840, 845 .40 S&W, .45 ACP, 9mm 82 .38 SP 827 .38 SP, .357 Mag. 83 .38 SP 85 UL PTD, ULT .38 SP 85, 85 CH .38 SP 856 .38 SP 86 Targ. Master .38 SP 92 Compact/D 9mm 92AF/D 9mm 94 .22 LR 941 .22 Mag. 945 .45 ACP 96 Targ. Scout .22 LR 99 AF/D 9mm CIA 651 .357 Mag. CIA 851 .38 Spl. CIA M650 .357 Mag. CIA M850 .38 SP Judge Ultra-Lite 4510TKR .45 LC/.410 Gauge M327 .327 Fed. Magn. M415 .41 Mag. M44, M44CP .44 Mag. M445 & M445CH .44 SP M450 .45 COLT M980 .22 LR PT-100 & PT-101 .40 S&W PT-111 Millenn. .45 ACP, .357 SIG, 9mm, .40S&W PT-138 .380 ACP PT-140 .40 S&W PT-145 .45 ACP PT-22 .22 LR PT-25 .25 ACP PT-58 .380 ACP PT-845 .45 ACP PT-908 9mm PT-911 9mm, .40S&W, .45ACP, .357SIG MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1154 PT-92, AF, C 9mm PT-938, PT-938C .380 ACP PT-940 .40 S&W PT-99, AF 9mm Raging 30 M30C .30 Car Raging Bee M218 .218 Bee Raging Bull .480 Ruger Raging Bull .500 Mag. Raging Bull .44 Mag., .454 Casull Raging Bull M416CP .41 Mag. Raging Hornet .22 Hornet Tracker 425 .41 Mag Tracker 4410 .45 LC/.410 Tracker 990 .22 LR Tracker M17 .17 HMR Tracker M455 .45 ACP Tracker M971 .22 Mag. Tracker M991 .22 Mag Texas Longhorn Arms Inc. Grover Impr. #5 .44 Mag. Longhorn Arms .45 LC Longhorn Arms 0.44 South Texas Arm .357 Mag., .44 SPL, .45 LC Texas Border Sp .44 SPL, .45 LC West Texas FLT .45 LC West Texas FLT .32-20, .357 Mag., .44 MG/SP Thompson Center Arms Contender All Contender Super & Contender Hunter All Encore All Tressitu TZ 99(10 round) 9mm, .40 S&W, .45 ACP, .357 SIG Tucson Mold Inc Competitor All U.S. Firearms Rodeo .38 Special SAA .45 Colt U.S. Patent Firearms SAA All

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1155 Uzi America, Inc. Uzi Eagle All 9mm, .40 S&W, .45 ACP, .357 SIG Vektor CP1 9mm, .40 S&W, .357 SIG SP2 9mm, .40 S&W, .357 SIG Z88 9mm Volkmann Custom Combat Custom 1911A1 .45 ACP Combatant Carry 1911A1 .45 ACP Volquartsen LLV .22 LR Walther FP .22 LR GSP .22 LR GSP-C .32 S&W KSP200 KSP200 .22 LR Olymp. Free Pis .22 LR OSP Match 22 SHRT P-1 9mm P-22 .22 LR P-38 .22 LR, 9mm P-5 9mm P-5 Compact 9mm P-88 9mm P-88 Compact 9mm P-99 9mm, .40 S&W P-99 QA 9mm, .40 S&W P990 9mm, .40 S&W, 9X21 MM PK380 .380 ACP PP .22 LR, .32 ACP, .380 ACP PPK .22 LR, .32 ACP, .380 ACP PPK/S .22 LR, .32 ACP, .380 ACP PPS 9mm, .357 SIG, .40 S&W SP22 M1, M2, M3, M4 .22 LR TPH .22 LR, .25 ACP Weatherby Accumark 1192531 22-250 Wesson Firearms Co., Inc. .22 Rim/.22 Mag 22, 22V, 22VH .22 LR MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1156 .22 Rim/.22 Mag 22-M, 22M-V, 22M-VH .22 Win Mag .22 Silhouette G22-V10, G22-VH10 .22 Rim. .22 Silhouette G722-V10, G722-VH10 .22 Rim. .32 Mag/.32-20 32, 32V, 32VH .32 Mag .32 Mag/.32-20 732, 732V, 732VH .32 Mag .357 Magnum 14-2, 14-2B .357 Mag .357 Magnum 15-2, 15-2V, 15-2VH .357 Mag .357 Magnum 714, 715, 715V,715VH .357 Mag .357 Super Ram .357 Max .357 Supermag 40-V, 40-VH, 40-VS .357 Max .357 Supermag 740V, 740VH, 740VS .357 Max .375 Supermag 375V, 375VH, 375V8S .375 SuperMag .38 Special 708,709,709V,709VH .38 Sp .38 Special 8-2, 8-2B .38 Sp .38 Special 9-2, 9-2V, 9-2VH .38 Sp .41 Magnum 41V,41VH, 741V,741VH .41 Mag .44 Magnum 44V,44VH, 744V,744VH .44 Mag .445 Supermag 445-V, 445-VH .445 SuperMag .445 Supermag 445-VHS, 445-VS .445 SuperMag .445 Supermag 7445-V, 7445-VH .445 SuperMag .445 Supermag 7445-VHS, 7445-VS .445 SuperMag 738P .38 Sp FB715-5C 715 .357 Mag. Westlake Engineering Britarms 2000 .22 LR Wichita Arms Inc. Classic All International All MK-40 Sil. Pis. All Silouhette Pis. All Wildey Hunter & Hunter Guardsman All Survivor & Survivor Guardsman All Wilson Combat CQB .45 ACP CQB .38 Super, 9mm 1996 A2 .45 ACP 22 Clas Rimfire All .22 LR Brng. HP CarPac All 9mm, .40 S&W MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 SPECIAL DOCUMENTS 1157 Carry Comp WCCC .45 ACP Compact Carry Comp WPC .45 ACP Professional Cls Mastr Grade All .45 ACP Combat Classic All .45 ACP Kahr Carry Pkg. All 9mm, .40 S&W KZ-45 All 9mm, .40 S&W, .45 ACP S.D.S. All .45 ACP Sentinel WS-T-A, WS-A-A .45 ACP, 9mm, .40, .38 Super, 10mm Service Grades All .45 ACP Tactical Elite All .45 ACP Tactical WTSG, WTSG-A-A, WTSG-T-A .45 ACP Supergrade Wyoming Arms Parker .40 S&W, .45 ACP, 10mm, 9mm Parker .357 Magnum .357 Mag. Parker Comp Com .40 S&W, .45 ACP, 10mm Parker Ext Slid .40 S&W, .45 ACP, 10mm Zastava Arms CZ 99 or Z9 9mm CZ 99 R .357 Mag. CZ-40 or Z40 .40 S&W

Notes: ** (under caliber) denotes any rimfire or centerfire cartridge having the following bullet diameters: .22, .32, .38/357, 9mm, 10mm, .40, .41, .44, .45

Abbreviations: SWLWC = Smith & Wesson Long Wad Cutter WCF = Winchester Centerfire SLLR = Short, long, or long rifle .380/9mmk = .380 ACP/9mm Kurtz [10-16-26]

MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 1158 General Notices

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

BOARD OF BARBERS Date and Time: August 5, 2010, 9:30 a.m. Place: Office of Hospital Programs, 653 — 12 p.m. W. Pratt St., Ste. 407, Baltimore, MD Subject: Public Meeting Place: Nancy S. Grasmick State Education Add’l. Info: The Maryland Institute for Date and Time: September 20, 2010, 9:30 Bldg., 200 W. Baltimore St., Baltimore, Emergency Medical Services Systems a.m. — 4 p.m. MD gives notice that freestanding medical Place: 500 N. Calvert St., 2nd Fl. Conf. Contact: Madeline Koum (410) 767-0385 facilities wishing to be considered for Rm., Baltimore, MD [10-16-01] designation as freestanding emergency Add’l. Info: Centre St. Entrance medical facilities under COMAR Contact: Robert Wood (410) 230-6195 30.0815.02 should submit a written letter of [10-16-04] DEPARTMENT OF EDUCATION/DIVISION OF intent to the office listed below. Letters of

REHABILITATION SERVICES intent are due to MIEMSS not later than BOARD OF COSMETOLOGISTS August 23, 2010. Applications will be Subject: Public Meeting Subject: Public Meeting considered from freestanding medical Date and Time: August 20, 2010, 12 — 3 facilities that are eligible for licensure Date and Time: September 13, 2010, 9:30 p.m.; Additional Dates: October 15 and under Health-General Article, §18-3A 07, a.m. — 4 p.m. December 17, 2010 Annotated Code of Maryland. For more Place: 500 N. Calvert St., 2nd Fl. Conf. Place: Workforce & Technology Center, Rm., Baltimore, MD information contact Lisa Myers, Office of 2301 Argonne Dr., Rm. T-130, Baltimore, Hospital Programs at (410) 706-4740, or Add’l. Info: Centre St. Entrance MD email [email protected]. Contact: Robert Wood (410) 230-6195 Add’l. Info: Toll Free Number 866-996- Written statements and applications [10-16-03] 0961 should be sent to the name and address Contact: Tonya Gilchrist, Administrative stated above. GOVERNOR’S OFFICE OF CRIME Officer (410) 554-5412 Contact: Leandrea M. Gilliam (410) 706- CONTROL AND PREVENTION [10-16-06] 4449 Subject: Public Meeting [10-16-36] Date and Time: September 16, 2010, 3 — BOARD OF MASTER 5 p.m. ELECTRICIANS BOARD FOR PROFESSIONAL Place: Baltimore County, Loch Raven Subject: Public Meeting ENGINEERS Library, Baltimore, MD Date and Time: September 28, 2010, 10 Contact: Jessica Winpigler (410) 821-2829 Subject: Public Meeting a.m. — 12 p.m. Date and Time: August 12, 2010, 9 a.m. [10-16-10] Place: 500 N. Calvert St., Baltimore, MD Place: 500 N. Calvert St., 3rd Fl. Conf. Contact: Gae Herzberger (410) 230-6163 Rm., Baltimore, MD GOVERNOR’S OFFICE OF CRIME [10-16-16] Contact: Pamela J. Edwards (410) 230- CONTROL AND PREVENTION 6263 Subject: Public Meeting EMERGENCY MEDICAL SERVICES [10-16-30] Date and Time: January 10, 2011, 3 — 5 ADVISORY COUNCIL p.m. Subject: Public Meeting BOARD OF EXAMINING Place: Baltimore County, Loch Raven Date and Time: August 5, 2010, 1 — 3 ENGINEERS Library, Baltimore, MD p.m. Contact: Jessica Winpigler (410) 821-2829 Subject: Public Meeting Place: 653 W. Pratt St., Ste. 212, Date and Time: September 21, 2010, 10 [10-15-11] Baltimore, MD a.m. — 12 p.m. Add’l. Info: The Statewide Emergency Place: 500 N. Calvert St., Baltimore, MD GOVERNOR’S OFFICE OF CRIME Medical Services Advisory Council Contact: Gae Herzberger (410) 230-6163 CONTROL AND PREVENTION (SEMSAC) meets regularly the 1st [10-16-17] Subject: Public Meeting Thursday of each month. Contact: Leandrea M. Gilliam (410) 706- Date and Time: March 14, 2011, 3 — 5 DEPARTMENT OF THE 4449 p.m. ENVIRONMENT/AIR AND Place: Baltimore County, Loch Raven [10-16-15] RADIATION MANAGEMENT Library, Baltimore, MD ADMINISTRATION Contact: Jessica Winpigler (410) 821-2829 MARYLAND INSTITUTE FOR Subject: Notice of Public Hearing [10-15-12] EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) Date and Time: August 31, 2010, 10 a.m.; Comments must be received not later than PROFESSIONAL STANDARDS AND Subject: Call for Applications from September 1, 2010, or be submitted at the TEACHER EDUCATION BOARD Medical Facilities Wishing to Be hearing. Subject: Public Meeting Considered for Designation as Freestanding Emergency Medical Facilities MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 GENERAL NOTICES 1159 Place: Dept. of the Environment, 1800 State Implementation Plan‖ is available for DEPARTMENT OF HEALTH AND Washington Blvd., 1st Fl. Aeris Conf. public review at: MENTAL HYGIENE Rms., Baltimore, MD http://www.mde.state.md.us/Programs/AirP Add’l. Info: The Maryland Department of rograms/air_planning/index.asp Subject: Public Notice the Environment gives notice of a public The public hearing will be held on Add’l. Info: Part B Coinsurance Payments hearing concerning: August 31, 2010, at 10 a.m. at the — The Secretary of Health and Mental (1) Maryland‘s Conformity regulations Department of the Environment, 1800 Hygiene is proposing to amend COMAR under COMAR 26.11.26; Washington Boulevard, 1st Floor Aeris regulations in accordance with the budget (2) Submission of these regulations to Conference Rooms, Baltimore, Maryland reductions taken by the Board of Public the Environmental Protection Agency 21230-1720. Works. The Medicaid program will no (EPA) for approval as part of Maryland‘s Interested persons are invited to attend longer pay Part B Medicare coinsurance or State Implementation Plan (SIP), and and express their views. Comments may be copayments for dates of service beginning (3) A Maryland document entitled mailed to Deborah Rabin, Regulations August 1, 2010, on claims where the ―Revision to Maryland‘s Transportation Coordinator, Air and Radiation Medicare payment exceeds the Medicaid Conformity State Implementation Plan‖ Management Administration, Department fee schedule. Therefore, if Medicare pays that contains commitments required by of the Environment, 1800 Washington the claim at an amount equal to or greater federal law. Boulevard, Suite 730, Baltimore, Maryland than the Medicaid fee schedule, Medicaid The following regulations under 21230-1720, or emailed to will make no additional payment. If COMAR 26.11.26 will be submitted to the [email protected], or faxed to (410) Medicare pays the claim at an amount less Environmental Protection Agency (EPA) 537-4223. Comments must be received not than the Medicaid fee schedule, Medicaid for approval as part of Maryland‘s State later than September 1, 2010, or be will pay all or part of the coinsurance to Implementation Plan (SIP): submitted at the hearing. For more bring the total payment to the provider COMAR 26.11.26.01 — Purpose and information, call Deborah Rabin at (410) equal to the Medicaid fee schedule. Scope 537-3240. Provider reimbursement will be reduced by COMAR 26.11.26.02 — Definitions Anyone needing special $37.8 million dollars for an 11-month COMAR 26.11.26.03 — Transportation accommodations at a public hearing should period. Conformity contact the Department‘s Fair Practices This methodology will not be applied COMAR 26.11.26.04 — Transportation Office at (410) 537-3964. TTY users may when: Conformity – Consultation in General contact the Department through the (1) The amount submitted to Medicaid COMAR 26.11.26.05 — Transportation Maryland Relay Service at 1-800-735- is for the deductible; Conformity – Interagency Consultation 2258. (2) The service is not covered by Requirements George S. Aburn, Jr. Medicaid; COMAR 26.11.26.06 — Transportation Director (3) The service is a mental health Conformity – Conflict Resolution Air & Radiation Management service; Associated with Conformity Administration (4) The service is billed using a HCPCS Determinations. Contact: Deborah Rabin (410) 537-4414 beginning with a letter from A to W; (5) CPT codes are priced by report; or COMAR 26.11.26.07 — Transportation [10-16-31] (6) The service is billed using CPT Conformity – Public Consultation Procedures codes 00100 to 01999. BOARD OF ENVIRONMENTAL Copies of the proposed changes are COMAR 26.11.26.08 — Transportation SANITARIANS Conformity – Interagency Consultation available for public review at the local Procedures Subject: Public Meeting health department in each county and COMAR 26.11.26.09 — General Date and Time: September 1, 2010, 9 a.m. Baltimore City. Written comments may be Conformity — 4 p.m. sent to Michele Phinney, Regulations The full text of the Conformity Place: Howard Co. Bureau of Utilities, Coordinator, DHMH, 201 W. Preston St., regulations is available for public review 8270 Old Montgomery Rd., Columbia, MD Rm. 521, Baltimore, MD 21201, or fax to at: Add’l. Info: A portion of this meeting may (410) 333-7687, or call (410) 767-6499 or (1) The Maryland Department of the be held in closed session. 1-877-4MD-DHMH, extension 6499, or e- Environment‘s website at the following Contact: Lee Haskins (410) 537-3594 mail to [email protected]. address: [10-16-09] Contact: Susan Tucker (410) 767-1430 [10-16-35] http://www.mde.state.md.us/AboutMDE/re qcomments.asp FIRE PREVENTION COMMISSION (2) The Division of State Documents DEPARTMENT OF HEALTH AND website at the following address: Subject: Public Meeting MENTAL http://www.dsd.state.md.us/comar/subtit Date and Time: August 19, 2010, 9:30 HYGIENE/LABORATORIES le_chapters/26_Chapters.aspx#Subtitle11 a.m. ADMINISTRATION/FORENSIC The regulations are also available for Place: Laurel Municipal Bldg., 8103 Sandy LABORATORY ADVISORY review at the Air and Radiation Spring Rd., Laurel, MD COMMITTEE Management Administration; regional Contact: Heidi Ritchie (877) 890-0199 [10-16-18] Subject: Public Meeting offices of the Department in Cumberland Date and Time: August 11, 2010, 10 a.m. and Salisbury; all local air quality control — 1 p.m. offices; and local health departments in Place: MSP Forensic Sciences Division, those counties not having separate air 221 Milford Mill Rd., Pikesville, MD quality control offices. Contact: Michael Wajda (410) 767-6103 The document entitled ―Revision to [10-16-19] Maryland‘s Transportation Conformity MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 GENERAL NOTICES 1160 DEPARTMENT OF HEALTH AND BOARD OF HEATING, Contact: Pam Gregory (410) 865-1253 MENTAL HYGIENE/MEDICAID VENTILATION, AIR- [10-16-34] PHARMACY AND THERAPEUTICS CONDITIONING, AND COMMITTEE REFRIGERATION CONTRACTORS BOARD OF MORTICIANS AND (HVACR) Subject: Public Meeting FUNERAL DIRECTORS Date and Time: August 19, 2010, 9 a.m. Subject: Public Meeting Subject: Notice — 1 p.m. Date and Time: August 11, 2010, 9:30 Add’l. Info: The Board of Morticians and Place: Conference Center at Sheppard a.m. — 12 p.m. Funeral Directors will not meet in August Pratt, Stulman Auditorium, 6501 N. Place: 500 N. Calvert St., 3rd Fl. Conf. 2010. Charles St., Baltimore, MD Rm., Baltimore, MD Contact: Robin Bailey (410) 764-4792 Add’l. Info: Meeting of the Maryland Contact: Steve Smitson (410) 230-6169 [10-16-13] Medicaid Pharmacy Program‘s Pharmacy [10-16-05] and Therapeutics Committee (Preferred BOARD OF PLUMBING Drug List). Classes of drugs to be MARYLAND HEALTH CARE reviewed are posted on the Maryland COMMISSION Subject: Public Meeting Pharmacy Program website at Date and Time: August 19, 2010, 10:30 http://www.dhmh.state.md.us/mma/mpap/p Subject: Public Meeting a.m. — 12:30 p.m. refdruglist.html. Date and Time: September 16, 2010, 1 Place: 500 N. Calvert St., Rm. 302, See website for agenda, speaker p.m. Baltimore, MD registration, restrictions, and driving Place: Maryland Health Care Commission, Contact: Brenda Clark (410) 230-6164 directions. Submit e-mail questions to 4160 Patterson Ave., Conf. Rm. 100, [10-16-22] Baltimore, MD [email protected] Add’l. Info: Individuals requiring special .us. COMMISSION OF REAL ESTATE Contact: Alex Taylor (410) 767-5878 accommodations are requested to contact Valerie Wooding at (410) 764-3460, or the APPRAISERS AND HOME [10-16-14] INSPECTORS Department of Health and Mental Hygiene TTY at (410) 383-7755, not later than 20 DEPARTMENT OF HEALTH AND Subject: Public Meeting working days before the meeting to make MENTAL HYGIENE/MENTAL Date and Time: August 10, 2010, 10:30 arrangements. HYGIENE ADMINISTRATION a.m. — 12 p.m. Contact: Valerie Wooding (410) 764-3460 Place: 500 N. Calvert St., Baltimore, MD Subject: Formal Start of Review [10-16-23] Contact: Patti Schott (410) 230-6165 Date and Time: August 1, 2010, 8:30 a.m. [10-16-08] — 5 p.m. MARYLAND HEALTH CARE Place: Spring Grove Hospital Center, COMMISSION REAL ESTATE COMMISSION Mitchell Bldg., 55 Wade Ave., Catonsville, MD Subject: Notice of Comment Period for Subject: Public Meeting Add’l. Info: The Mental Hygiene Single Carrier Patient Centered Medical Date and Time: August 24, 2010, 2 p.m. Administration is in the process of Home Program Place: Dept of Labor, Licensing, and developing the FY 2010 State Mental Add’l. Info: Under Ch. 5, Acts of 2010 Regulation, 500 N. Calvert St., 2nd Fl. Health Plan as part of its application for FY (SB 855/HB 929), the Maryland Health Conf. Rm., Baltimore, MD 2011 Mental Health Block Grant (MHBG) Care Commission may authorize a health Add’l. Info: Task Force on Agency Course funds. Final submission of the FY 2011 insurance carrier to implement a single Development MHBG application to the federal Substance carrier patient centered medical home Contact: Patricia Hannon (410) 230-6199 Abuse and Mental Health Services program if that program meets conditions [10-16-20] Administration, Center for Mental Health established by State law and standards Services, will occur by September 1, 2010. established by MHCC. The MHCC will STATE TREASURER’S OFFICE Drafts of the FY 2011 Plan may be publish standards for establishing a single reviewed at the above address. Any general carrier patient-centered medical home Subject: Announcement comments regarding the FY 2011 mental program on its website Add’l. Info: Recommendation: That the health plan or specific comments regarding (mhcc.maryland.gov) under ―NEW Board of Public Works authorize for drafts to finalization of the MHBG ITEMS‖ on August 3, 2010, for a 10-day publication in the Maryland Register the application will be considered and unofficial comment period. automatic terminations of State debt incorporated as appropriate. The Plan and Contact: Ben Steffen (410) 764-3573 authorizations listed in Sections A and B Implementation Report will be available [10-16-39] below. These terminations reduce the after their due dates. Comments on the plan State‘s authority to issue general obligation may also be made after submission of the MINORITY BUSINESS ENTERPRISE bonds in the amount of $1,431,746.88 and, Plan to the Federal Government. ADVISORY COMMITTEE at the same time, reduce the State‘s Contact: Cynthia Petion (410) 402-8474 spending authority as shown for the capital [10-16-21] Subject: Public Meeting projects listed. All the affected agencies Date and Time: August 18, 2010, 8:30 and grantees were notified in writing of the a.m. — 5 p.m. impending terminations on January 5, Place: Harry R. Hughes Dept. of 2010, and May 6, 2010. Transportation Bldg., 7201 Corporate The Office of the Comptroller, the State Center Dr., Harry R. Hughes Stes. 1 and 2, Treasurer‘s Office, the Department of Ground Fl., Hanover, MD Budget and Management (Office of Capital Budgeting), and the Department of General MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010 GENERAL NOTICES 1161 Services have reviewed this request and (a) Asbestos Abatement Program Loan 2003: Amount Terminated: $20; Original concur. of 2002: Amount Terminated: $6,189; Authorization: $7,703,000 Background: State law provides Original Authorization: $1,500,000 TOTAL: $1,231,746.88 ―Except to the extent that money (b) Maryland Correctional Institution — B. The following grant authorizations authorized by an enabling act for a State Jessup Perimeter Security/Gatehouse Loan were not encumbered within the 7-year project or program has been encumbered of 2002: Amount Terminated: $42.05; time period and have terminated by by the Board, an authorization of State debt Original Authorization: $3,000,000 operation of law on June 1, 2010: shall automatically terminate 7 years after (c) Community Parks and Playgrounds (1) Calvert County — The Boys and the date of the authorization, unless…the Program Loan of 2002: Amount Girls Clubs of Southern Maryland Loan of Board unanimously grants a temporary Terminated: $4,356.48; Original 2001, Chapter 673 of the 2001 Laws of exception for 1 year.‖ Authorization: $5,500,000 Maryland; Amended by Chapter 219 of the Authority: State Finance and (d) Adult Day Care Facilities Programs 2008 Laws of Maryland: Amount Procurement Article, §8-128, Annotated Loan of 2002: Amount Terminated: Terminated: $100,000; Original Code of Maryland. $296,843; Original Authorization: Authorization: $100,000 A. The following authorizations for $1,856,000 (2) Prince George‘s County — National State projects were not encumbered within (6) Maryland Consolidated Capital Philippine Cultural Center Loan of 2001, the 7-year time period and have terminated Bond Loan of 2003, Chapter 204 of the Chapter 430 of the 2001 Laws of by operation of law on June 1, 2010: 2003 Laws of Maryland, Amended by Maryland: Amount Terminated: $100,000; (1) Maryland Consolidated Capital Chapter 432-2004; 445-2005; 608-2006; Original Authorization: $100,000 Bond Loan of 1997, Chapter 660 of the 488-2007 Laws of Maryland: TOTAL: $200,000 1997 Laws of Maryland, Amended by (a) Capital Facilities Renewal Loan of Contact: Kina Johnson-Malcolm (410) Chapter 138-1998; 212-1999; 508-2000; 2003: Amount Terminated: $8,374.20; 260-7154 111-2001; 290-2002; 204-2003; 432-2004; Original Authorization: $10,000,000 [10-16-27] 46-2006; Laws of Maryland: (b) Asbestos Abatement Program Loan Adult Day Care Facilities Loan of 1997: of 2003: Amount Terminated: $94,613.72; BOARD OF WELL DRILLERS Amount Terminated: $5,400; Original Original Authorization: $2,000,000 Authorization: $2,399,000 (c) Maryland Public Broadcasting Subject: Public Meeting (2) Maryland Consolidated Capital Commission — Digital Interconnection Date and Time: August 25, 2010, 9 a.m. Bond Loan of 1999, Chapter 212 of the Network System Loan of 2003: Amount — 4 p.m. 1999 Laws of Maryland, Amended by Terminated: $52,945; Original Place: MDE, 1800 Washington Blvd., Chapter 508-2000;111-2001; 290-2002; Authorization: $800,000 Terra Conf. Rm., Baltimore, MD 204-2003; 432-2004; 46-2006; 544-2006; (d) Maryland Public Broadcasting Add’l. Info: A portion of this meeting may 336-20008 Laws of Maryland: Commission — Back-up Power Supply be held in closed session. Maryland Public Broadcasting System Loan of 2003: Amount Terminated: Contact: Kathy Glass (410) 537-3597 Commission Loan of 1999: Amount $24,508.14; Original Authorization: [10-16-07] Terminated: $116,366.17; Original $700,000 Authorization: $2,479,000 (e) Reginald F. Lewis Museum of WORKERS’ COMPENSATION (3) Maryland Consolidated Capital Maryland African American History and COMMISSION Bond Loan of 2000, Chapter 508 of the Culture Loan of 2003: Amount 2000 Laws of Maryland, Amended by Terminated: $88; Original Authorization: Subject: Public Meeting Chapter 111-2001; 290-2002; 204-2003; $1,665,000 Date and Time: August 12, 2010, 9 — 11 445-2005; 46-2006; 488-2007; 336-2008 (f) Maryland Correctional Pre-Release a.m. Laws of Maryland: System — Central Laundry Facility Boiler Place: 10 E. Baltimore St., Baltimore, MD (a) Maryland Public Broadcasting Plant Loan of 2003: Amount Terminated: Add’l. Info: A portion of this meeting may Commission Loan of 2000: Amount $119.55; Original Authorization: be held in closed session. Terminated: $514,196.95; Original $1,280,000 Contact: Amy Lackington (410) 864-5300 Authorization: $3,489,000 (g) Eastern Correctional Institution — [10-16-02] (b) Adult Day Care Facilities Loan of Annex — 140 — Bed Minimum Security 2000: Amount Terminated: $20,110; Housing Unit Loan of 2003: Amount Original Authorization: $1,429,000 Terminated: $26.30; Original (4) Maryland Consolidated Capital Authorization: $3,422,000 Bond Loan of 2001, Chapter 111 of the (h) Patuxent Institution — Fire Safety 2001 Laws of Maryland, Amended by and Utility Improvements Loan of 2003: Chapter 290-2002; 46-2006 Laws of Amount Terminated: $100; Original Maryland: Authorization: $7,427,000 (a) Asbestos Abatement Program Loan (i) Patuxent Institution – Kitchen/Dining of 2001: Amount Terminated: $6,181.85; Hall, Gatehouse/Perimeter Security Loan Original Authorization: $1,258,310.27 of 2003: Amount Terminated: $1,060.26; (b) Adult Day Care Facilities Loan of Original Authorization: $4,000,000 2001: Amount Terminated: $70,551; (j) Community Parks and Playgrounds Original Authorization: $1,490,000 Program Loan of 2003: Amount (5) Maryland Consolidated Capital Terminated: $9,655.21; Original Bond Loan of 2002, Chapter 111 of the Authorization: $5,000,000 2001 Laws of Maryland, Amended by (k) Morgan State University — Chapter 290-2002; 46-2006 Laws of Campuswide Utility Upgrades Loan of Maryland: MARYLAND REGISTER, VOL. 37, ISSUE 16, FRIDAY, JULY 30, 2010