Issue Date: June 13, 2014

Volume 41 • Issue 12 • Pages 645—732

IN THIS ISSUE Governor Judiciary Regulatory Review and Evaluation Regulations 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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before May 22, 2014, 5 p.m.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 May 22, 2014.

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

Information About the Maryland Register and COMAR

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Table of COMAR The Maryland Register is the temporary supplement to the Code of Regulations Adopted, Amended, or Repealed’’ which is found online at Maryland Regulations.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

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

Contents 647 Closing Dates for the Maryland Register 09 DEPARTMENT OF LABOR, LICENSING, AND Schedule of Closing Dates and Issue Dates for the REGULATION Maryland Register ...... 649 RACING COMMISSION Thoroughbred Rules ...... 667 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE COMAR Research Aids MEDICAL CARE PROGRAMS Table of Pending Proposals ...... 650 Physicians’ Services ...... 667 ADULT HEALTH Index of COMAR Titles Affected in This Issue Day Care for the Elderly and Adults with a Medical COMAR Title Number and Name Page Disability ...... 668 05 Department of Housing and Community 15 DEPARTMENT OF AGRICULTURE Development ...... 672 OFFICE OF THE SECRETARY 08 Department of Natural Resources ...... 667, 675 Spay/Neuter Grant Program ...... 668 09 Department of Labor, Licensing, and Regulation ...... 667, 683 26 DEPARTMENT OF THE ENVIRONMENT 10 Department of Health and Mental Hygiene ...... 667, 671, 684 WATER SUPPLY, SEWERAGE, SOLID WASTE, AND 12 Department of Public Safety and Correctional Services ...... 693 POLLUTION CONTROL PLANNING AND FUNDING 13A State Board of Education ...... 695 Bay Restoration Fund Implementation ...... 669 13B Maryland Higher Education Commission ...... 703 31 MARYLAND INSURANCE ADMINISTRATION 15 Department of Agriculture ...... 668, 704 PROPERTY AND CASUALTY INSURANCE 22 State Retirement and Pension System ...... 705 Application of a Percentage Deductible in the Case of a 23 Board of Public Works ...... 671 Hurricane or Other Storm ...... 669 26 Department of the Environment ...... 669, 707 HEALTH INSURANCE — GENERAL 31 Maryland Insurance Administration ...... 669, 708 Child Only Policies ...... 669 33 State Board of Elections ...... 721 HEALTH INSURANCE — GROUP 36 Maryland State Lottery and Gaming Control Small Employer Group Health Insurance — Self-Employed Agency ...... 670, 671, 721 Individuals ...... 669 36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY GAMING PROVISIONS PERSONS WITH DISABILITIES Mandatory Exclusion ...... 670 Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are Withdrawal of Regulations encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay. 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE BOARD OF MORTICIANS AND FUNERAL DIRECTORS Inspection of Funeral Establishments and Funeral Service The Governor Businesses ...... 671 23 BOARD OF PUBLIC WORKS EXECUTIVE ORDER 01.01.2014.08 ...... 653 PUBLIC SCHOOL CONSTRUCTION Indoor Environmental Quality Standard ...... 671 The Judiciary 36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY ADMINISTRATIVE OFFICE OF THE COURTS ELECTRONIC GAMING DEVICES NOTICE RE MARYLAND RULE 1-322.2 ...... 655 General ...... 671 COURT OF APPEALS OF MARYLAND Lawful and Unlawful Electronic Gaming Devices ...... 671 DISCIPLINARY PROCEEDINGS ...... 655 Application and Licensing ...... 671 RULES ORDER ...... 655 General Requirements ...... 671 Technical Standards ...... 671 Regulatory Review and Evaluation DEPARTMENT OF NATURAL RESOURCES Proposed Action on Regulations Notice of Availability of Evaluation Report ...... 666 05 DEPARTMENT OF HOUSING AND COMMUNITY MARYLAND INSURANCE ADMINISTRATION DEVELOPMENT Notice of Availability of Evaluation Report ...... 666 NEIGHBORHOOD BUSINESS DEVELOPMENT Linked Deposit Program...... 672 NEIGHBORHOOD AND COMMUNITY ASSISTANCE Final Action on Regulations PROGRAM 08 DEPARTMENT OF NATURAL RESOURCES Community Investment Tax Credit Program ...... 674 FISHERIES SERVICE 08 DEPARTMENT OF NATURAL RESOURCES Fish ...... 667 WILDLIFE BOATING—SPEED LIMITS AND OPERATION OF Open Seasons, Bag Limits for Game Birds and Game VESSELS Animals ...... 675 Rhode River ...... 667

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 Contents 648 09 DEPARTMENT OF LABOR, LICENSING, AND 33 STATE BOARD OF ELECTIONS REGULATION DEFINITIONS; GENERAL PROVISIONS RACING COMMISSION Administrative Complaint Procedure ...... 721 Harness Racing ...... 683 36 MARYLAND STATE LOTTERY AND GAMING 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE CONTROL AGENCY BOARD OF PHYSICIANS GAMING PROVISIONS Licensure of Perfusionists ...... 684 Investigation and Licensing ...... 721 12 DEPARTMENT OF PUBLIC SAFETY AND TABLE GAMES CORRECTIONAL SERVICES Table Game Equipment ...... 722 CORRECTIONAL TRAINING COMMISSION ELECTRONIC GAMING DEVICES Electronic Control Device Training ...... 693 General ...... 723 CRIMINAL JUSTICE INFORMATION SYSTEM CENTRAL Lawful and Unlawful Electronic Gaming Devices ...... 723 REPOSITORY Application, Licensing, and Registration ...... 723 Implementation of the Criminal Justice Information System Electronic Gaming Device General Standards ...... 723 Statute ...... 693 Electronic Gaming Device Technical Standards ...... 723 Federal Bureau of Investigation, Next Generation Electronic Gaming Device Enforcement ...... 723 Identification Rap Back Program ...... 693 13A STATE BOARD OF EDUCATION General Notices LOCAL SCHOOL ADMINISTRATION General Financial Aid to Local School Systems ...... 695 BOARD OF ARCHITECTS GENERAL INSTRUCTIONAL PROGRAMS Public Meeting ...... 730 Graduation Requirements for Public High Schools in ATHLETIC COMMISSION Maryland ...... 695 Public Meeting ...... 730 SPECIFIC SUBJECTS ADVISORY COUNCIL ON CEMETERY OPERATIONS Program in Mathematics ...... 699 Public Meeting ...... 730 Program in English Language Arts/Literacy ...... 701 CORRECTIONAL TRAINING COMMISSION CERTIFICATION Public Meeting ...... 730 Administrators and Supervisors ...... 702 GOVERNOR'S OFFICE OF CRIME CONTROL AND 13B MARYLAND HIGHER EDUCATION COMMISSION PREVENTION ACADEMIC REGULATIONS Public Meeting ...... 730 Requirements for Authorization for Out-of-State Degree- Public Meeting ...... 730 Granting Institutions to Operate in Maryland ...... 703 COMMISSION ON CRIMINAL SENTENCING POLICY 15 DEPARTMENT OF AGRICULTURE Public Meeting ...... 730 MARYLAND AGRICULTURAL LAND PRESERVATION GOVERNOR'S OFFICE OF THE DEAF AND HARD OF FOUNDATION HEARING Corrective Agricultural Land Preservation Easements ...... 704 Public Meeting ...... 730 Agricultural Subdivision ...... 704 Public Meeting ...... 730 22 STATE RETIREMENT AND PENSION SYSTEM PROFESSIONAL STANDARDS AND TEACHER GENERAL REGULATIONS EDUCATION BOARD Domestic Relations Orders ...... 705 Public Meeting ...... 730 Notice of Change to Open Meeting ...... 705 ELEVATOR SAFETY REVIEW BOARD MEMBERSHIP Public Meeting ...... 730 Membership in the Employees’ System or the Teachers’ DEPARTMENT OF HEALTH AND MENTAL HYGIENE System — General ...... 705 Public Meeting ...... 730 Notice of Change to Open Meeting ...... 705 BOARD OF HEATING, VENTILATION, AIR- SERVICE CREDIT CONDITIONING, AND REFRIGERATION Qualifying Leaves of Absence ...... 705 CONTRACTORS (HVACR) 26 DEPARTMENT OF THE ENVIRONMENT Public Meeting ...... 730 RADIATION MANAGEMENT DEPARTMENT OF HUMAN RESOURCES Radiation Protection ...... 707 Public Hearing ...... 730 31 MARYLAND INSURANCE ADMINISTRATION FACILITIES ADVISORY BOARD—JUVENILE SERVICES ASSETS, LIABILITIES, RESERVES, AND INVESTMENTS Public Meeting ...... 731 OF INSURERS BOARD FOR PROFESSIONAL LAND SURVEYORS Credit for Reinsurance ...... 708 Public Meeting ...... 731 PROPERTY AND CASUALTY INSURANCE BOARD FOR PROFESSIONAL LAND SURVEYORS— Coverage for Loss Caused by Water That Backs Up Through MINIMUM STANDARDS OF PRACTICE COMMITTEE Sewers or Drains ...... 717 Public Meeting ...... 731 LONG-TERM CARE MARYLAND STATE LOTTERY AND GAMING Long-Term Care Insurance ...... 718 CONTROL COMMISSION Long-Term Care Insurance—Premium Rates and Public Meeting ...... 731 Reserves ...... 718 MARYLAND HEALTH CARE COMMISSION UNFAIR TRADE PRACTICES Public Meeting ...... 731 Notice of Premium Increase for Commercial Insurance .... 720 Public Meeting ...... 731 Public Meeting ...... 731

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 Contents 649 Public Meeting ...... 731 CLOSING DATES AND ISSUE DATES GOVERNOR'S COMMISSION ON MARYLAND MILITARY MONUMENTS through JANUARY 23, 2015

Public Hearing ...... 731 Emergency BOARD OF PODIATRIC MEDICAL EXAMINERS and Proposed Final Public Meeting ...... 731 Issue Regulations Regulations Notices, etc. Public Meeting ...... 731 Date 5 p.m.* 10:30 a.m. 10:30 a.m. POLICE TRAINING COMMISSION June 27 June 9 June 18 June 16 Public Meeting ...... 731 July 11 June 23 July 2 June 30 PRINCE GEORGE'S COUNTY JUVENILE COURT AND July 25 July 7 July 16 July 14 SCHOOL SAFETY WORKGROUP August 8 July 21 July 30 July 28 Public Meeting ...... 731 August 22 August 4 August 13 August 11 STATE BOARD OF INDIVIDUAL TAX PREPARERS September 5 August 18 August 27 August 25 Public Meeting ...... 731 September 19** August 28 September 10 September 8 DEPARTMENT OF VETERANS AFFAIRS/MARYLAND October 3 September 15 September 24 September 22 VETERANS COMMISSION October 17 September 29 October 8 October 6 Public Meeting ...... 731 October 31** October 10 October 22 October 20 BOARD OF WATERWORKS AND WASTE SYSTEMS November 14 October 27 November 5 November 3 OPERATORS December 1*** November 7 November 17 November 13 Public Meeting ...... 732 December 12 November 24 December 3 December 1 BOARD OF WELL DRILLERS December 26** December 5 December 15 December 11 Public Meeting ...... 732 January 9 December 22 December 30 December 29 WORKERS' COMPENSATION COMMISSION January 23 January 5 January 14 January 12 Public Meeting ...... 732 * Due date for documents containing 8 to 18 pages — 48 hours before date shown; due date for documents exceeding 18 pages — 1 week before date shown COMAR Online NOTE: ALL DOCUMENTS MUST BE SUBMITTED The Code of Maryland Regulations is available at IN TIMES NEW ROMAN, 9 POINT, SINGLE- www.dsd.state.md.us as a free service of the Office of the SPACED FORMAT. THE REVISED PAGE COUNT REFLECTS THIS FORMATTING. Secretary of State, Division of State Documents. The full text ** Note closing date changes of regulations is available and searchable. Note, however, that *** Note issue date and closing date changes the printed COMAR continues to be the only official and The regular closing date for Proposals and Emergencies is enforceable version of COMAR. Monday. 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.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 650

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.

02 OFFICE OF THE ATTORNEY GENERAL 09.11.02.01 • 41:10 Md. R. 569 (5-16-14) 09.12.39.01—.05 • 41:8 Md. R. 478 (4-18-14) 02.01.11.01—.05 • 40:17 Md. R. 1423 (8-23-13) 09.12.81.01 • 41:10 Md. R. 570 (5-16-14) 09.12.81.01-1,.02-1 • 41:7 Md. R. 425 (4-4-14) 03 COMPTROLLER OF THE TREASURY 09.13.08.12 • 41:10 Md. R. 571 (5-16-14) 09.21.05.08 • 41:10 Md. R. 571 (5-16-14) 03.01.04.01—.09 • 40:26 Md. R. 2167 (12-27-13) 09.23.01.04 • 41:11 Md. R. 612 (5-30-14) 03.06.01.44,.46 • 40:26 Md. R. 2167 (12-27-13) 09.23.06.11 • 41:10 Md. R. 572 (5-16-14)

05 DEPARTMENT OF HOUSING AND COMMUNITY 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE DEVELOPMENT Subtitles 01 — 08 (1st Volume) 05.13.05.01—.05,.08 • 41:12 Md. R. 672 (6-13-14) 05.14.01.03,.05,.06 • 41:12 Md. R. 674 (6-13-14) 10.01.08.03 • 41:11 Md. R. 613 (5-30-14) 10.01.11.06—.12 • 41:11 Md. R. 613 (5-30-14) 08 DEPARTMENT OF NATURAL RESOURCES Subtitle 09 (2nd volume) 08.02.03.15 • 41:9 Md. R. 524 (5-2-14) 08.02.05.02 • 41:9 Md. R. 524 (5-2-14) 10.09.33.01 • 41:8 Md. R. 479 (4-18-14) 08.02.10.01 • 41:11 Md. R. 607 (5-30-14) 10.09.65.19 • 41:8 Md. R. 479 (4-18-14) 08.02.15.04,.07 • 41:10 Md. R. 567 (5-16-14) 10.09.76.01—.18 • 41:8 Md. R. 479 (4-18-14) 08.02.15.05 • 41:11 Md. R. 608 (5-30-14) 08.03.01.01 • 41:11 Md. R. 609 (5-30-14) Subtitles 10 — 22 (3rd Volume) 08.03.03.03—.05,.07,.08 • 41:12 Md. R. 675 (6-13-14) 08.03.04.06,.20,.24 • 41:11 Md. R. 609 (5-30-14) 10.13.01.02—.06 • 41:11 Md. R. 614 (5-30-14) 08.03.06.03 • 41:11 Md. R. 610 (5-30-14) 10.17.02.01—.08 • 41:3 Md. R. 236 (2-7-14) 08.18.21.01—.06 • 41:9 Md. R. 526 (5-2-14) 10.18.06.04-2 • 41:6 Md. R. 399 (3-21-14) 08.18.23.01—.04 • 41:9 Md. R. 528 (5-2-14) 10.22.17.06—.08 • 41:6 Md. R. 383 (3-21-14) 08.18.26.01—.06 • 41:11 Md. R. 610 (5-30-14) 10.22.18.04 • 41:6 Md. R. 383 (3-21-14) 08.18.27.01—.03 • 41:11 Md. R. 611 (5-30-14) Subtitles 23 — 36 (4th Volume) 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION 10.24.17.01 • 41:11 Md. R. 616 (5-30-14) (ibr) 10.25.15.01—.11 • 41:11 Md. R. 618 (5-30-14) 09.01.09.01—.09 • 40:18 Md. R. 1492 (9-6-13) 10.27.05.01—.13 • 41:1 Md. R. 34 (1-10-14) 09.08.03.03 • 41:3 Md. R. 210 (2-7-14) 10.32.20.01—.19 • 41:12 Md. R. 684 (6-13-14) 09.10.01.31 • 41:9 Md. R. 529 (5-2-14) 10.34.09.02 • 41:2 Md. R. 142 (1-24-14) 09.10.02.19 • 41:12 Md. R. 683 (6-13-14) 10.34.19.01,.03—.09,.11,.14,.16—.21 • 41:2 Md. R. 142 (1-24-14)

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PENDING PROPOSALS 651 Subtitles 37—61 (5th Volume) 14.32.09.01—.16 • 40:19 Md. R. 1566 (9-20-13) 14.32.10.01—.04 • 40:19 Md. R. 1568 (9-20-13) 10.37.01.03 • 41:9 Md. R. 530 (5-2-14) 10.37.10.26 • 41:9 Md. R. 530 (5-2-14) 15 DEPARTMENT OF AGRICULTURE 10.37.10.26-1 • 41:7 Md. R. 425 (4-4-14) 10.44.22.04,.06,.08 • 41:3 Md. R. 239 (2-7-14) 15.15.11.05 • 41:12 Md. R. 704 (6-13-14) 10.44.34.01—.05 • 41:9 Md. R. 531 (5-2-14) 15.15.12.04,.05,.07 • 41:12 Md. R. 704 (6-13-14) 15.18.03.06 • 41:3 Md. R. 254 (2-7-14) 11 DEPARTMENT OF TRANSPORTATION 41:9 Md. R. 533 (5-2-14) 15.20.04.11 • 40:21 Md. R. 1840 (10-18-13) Subtitles 01—10 15.20.07.02 • 40:21 Md. R. 1840 (10-18-13) (ibr) 15.20.08.05 • 40:21 Md. R. 1840 (10-18-13) 11.01.13.02,.04 • 41:11 Md. R. 620 (5-30-14) 11.03.01.13 • 40:26 Md. R. 2195 (12-27-13) 17 DEPARTMENT OF BUDGET AND MANAGEMENT 11.05.05.02,.03,.06,.09,.10 • 41:1 Md. R. 37 (1-10-14) 11.07.01.01,.02,.05,.06 • 41:1 Md. R. 40 (1-10-14) 17.04.11.22 • 41:9 Md. R. 533 (5-2-14) 11.07.03.01,.03 • 41:1 Md. R. 41 (1-10-14) 11.07.08.01 • 41:1 Md. R. 41 (1-10-14) 21 STATE PROCUREMENT REGULATIONS 11.11.05.06 • 41:11 Md. R. 621 (5-30-14) 21.01.02.01 • 41:9 Md. R. 534 (5-2-14) 12 DEPARTMENT OF PUBLIC SAFETY AND 21.02.05.04 • 41:9 Md. R. 534 (5-2-14) CORRECTIONAL SERVICES 22 STATE RETIREMENT AND PENSION SYSTEM 12.01.01.04—.12 • 41:7 Md. R. 426 (4-4-14) 12.02.16.01—.08 • 40:18 Md. R. 1498 (9-6-13) 22.01.03.02—.06,.08,.09 • 41:10 Md. R. 573 (5-16-14) 12.04.01.07,.17 • 41:11 Md. R. 621 (5-30-14) 22.04.02.02,.04 • 41:11 Md. R. 632 (5-30-14) 12.10.01.02,.05 • 41:8 Md. R. 483 (4-18-14) 22.05.01.02—.04 • 41:12 Md. R. 705 (6-13-14) 12.10.01.09 • 41:8 Md. R. 484 (4-18-14) 12.10.05.02 • 41:12 Md. R. 693 (6-13-14) 26 DEPARTMENT OF THE ENVIRONMENT 12.11.06.01—.08 • 40:20 Md. R. 1677 (10-4-13) 12.11.09.02—.05 • 40:19 Md. R. 1564 (9-20-13) Subtitles 01—07 (Part 1) 12.11.11.01—.15 • 40:18 Md. R. 1498 (9-6-13) 12.12.18.01—.08 • 40:18 Md. R. 1498 (9-6-13) 26.03.13.01,.03,.04 • 41:7 Md. R. 433 (4-4-14) 12.15.01.15,.19 • 41:12 Md. R. 693 (6-13-14) 26.04.05.01—.03• 40:25 Md. R. 2105 (12-13-13) 12.15.06.01—.04 • 41:12 Md. R. 693 (6-13-14) 26.04.11.01—.16 • 41:1 Md. R. 47 (1-10-14) 26.06.01.01,.02,.05—.10,.12,.13,.16 • 41:2 Md. R. 159 (1-24-14) 13A STATE BOARD OF EDUCATION Subtitles 08—12 (Part 2) 13A.02.06.03 • 41:12 Md. R. 695 (6-13-14) 13A.03.02.02—.09-1,.12 • 41:12 Md. R. 695 (6-13-14) 26.08.02.09 • 41:10 Md. R. 575 (5-16-14) 13A.04.12.01 • 41:12 Md. R. 699 (6-13-14) 26.08.04.01 • 41:10 Md. R. 575 (5-16-14) 13A.04.14.01 • 41:12 Md. R. 701 (6-13-14) 26.08.04.09,.09-1 • 41:10 Md. R. 577 (5-16-14) 13A.12.01.01—.13 • 41:11 Md. R. 624 (5-30-14) 26.08.05.01—.18 • 41:7 Md. R. 435 (4-4-14) (ibr) 13A.12.02.23 • 41:7 Md. R. 430 (4-4-14) 26.11.13.04,.05 • 41:8 Md. R. 490 (4-18-14) 13A.12.02.29 • 41:7 Md. R. 431 (4-4-14) 26.12.01.01 • 41:12 Md. R. 707 (6-13-14) (ibr) 13A.12.04.02,.03 • 41:12 Md. R. 702 (6-13-14) 26.12.03.01—.04 • 41:11 Md. R. 633 (5-30-14)

13B MARYLAND HIGHER EDUCATION COMMISSION Subtitles 13—18 (Part 3)

13B.01.01.04 • 41:8 Md. R. 485 (4-18-14) 26.17.06.01,.04—.09 • 40:22 Md. R. 1887 (11-1-13) (ibr) 13B.02.01.03,.04-1 • 41:12 Md. R. 703 (6-13-14) 13B.02.02.16 • 41:8 Md. R. 485 (4-18-14) 29 DEPARTMENT OF STATE POLICE

14 INDEPENDENT AGENCIES 29.09.01.01—.15 • 40:26 Md. R. 2203 (12-27-13)

14.09.01.11—.17,.26,.27 • 41:9 Md. R. 532 (5-2-14) 30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL 14.09.02.01-1 • 41:9 Md. R. 532 (5-2-14) SERVICES SYSTEMS (MIEMSS) 14.11.01.02—.04,.09,.13 • 41:11 Md. R. 631 (5-30-14) 14.30.07.04 • 39:6 Md. R. 448 (3-23-12) 30.03.01.01 • 41:11 Md. R. 635 (5-30-14) 14.30.11.12 • 39:6 Md. R. 448 (3-23-12) 30.03.02.02 • 41:11 Md. R. 635 (5-30-14) 14.31.05.08,.09 • 41:8 Md. R. 486 (4-18-14) 30.09.11.05 • 41:11 Md. R. 635 (5-30-14) 14.31.06.17,.18 • 41:8 Md. R. 487 (4-18-14) 30.09.12.02,.04—.07 • 41:11 Md. R. 638 (5-30-14) 30.09.14.02,.04,.05,.07 • 41:11 Md. R. 635 (5-30-14)

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PENDING PROPOSALS 652 31 MARYLAND INSURANCE ADMINISTRATION

31.03.05.01—.15 • 41:3 Md. R. 256 (2-7-14) 31.04.22.01—.08• 40:25 Md. R. 2138 (12-13-13) 41:2 Md. R. 171 (1-24-14) (err) 31.05.08.02—.05,.07—.10,.12—.21,.23— .27 • 41:12 Md. R. 708 (6-13-14) 31.08.14.01,.02 • 40:20 Md. R. 1729 (10-4-13) 31.08.14.01—.03 • 41:12 Md. R. 717 (6-13-14) 31.08.16.01—.05 • 40:26 Md. R. 2210 (12-27-13) 31.14.01.01 • 41:12 Md. R. 718 (6-13-14) 31.14.02.01,.11,.13,.14 • 41:12 Md. R. 718 (6-13-14) 31.15.13.01—.04 • 40:20 Md. R. 1730 (10-4-13) 41:12 Md. R. 720 (6-13-14)

33 STATE BOARD OF ELECTIONS

33.01.05.06 • 41:12 Md. R. 721 (6-13-14) 33.10.02.07 • 41:8 Md. R. 491 (4-18-14) 33.13.14.01—.04 • 41:8 Md. R. 492 (4-18-14) 33.14.01.04 • 41:6 Md. R. 396 (3-21-14) 33.14.02.01,.02,.04,.06 • 41:6 Md. R. 396 (3-21-14) 33.14.03.02 • 41:6 Md. R. 396 (3-21-14) 33.17.04.03 • 41:8 Md. R. 493 (4-18-14) 33.18.01.01—.05 • 41:6 Md. R. 397 (3-21-14) 33.20.01.01,.02 • 41:8 Md. R. 493 (4-18-14) 33.20.02.01—.04 • 41:8 Md. R. 494 (4-18-14)

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

36.03.02.12 • 41:12 Md. R. 721 (6-13-14) 36.05.02.13,.16 • 41:12 Md. R. 722 (6-13-14) 36.06.01.01—.03 • 41:12 Md. R. 723 (6-13-14) 36.06.02.01,.02 • 41:12 Md. R. 723 (6-13-14) 36.06.03.01—.09 • 41:12 Md. R. 723 (6-13-14) 36.06.04.01—.04 • 41:12 Md. R. 723 (6-13-14) 36.06.05.01—.06 • 41:12 Md. R. 723 (6-13-14) 36.06.06.01 • 41:12 Md. R. 723 (6-13-14)

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 653 The Governor

WHEREAS, A Governor’s Commission to Reform Maryland’s EXECUTIVE ORDER 01.01.2014.08 Pretrial System would gather experts and interested parties to conduct Governor’s Commission to Reform Maryland’s Pretrial System a comprehensive examination of the relevant issues and develop

WHEREAS, It is the duty of Executive Branch officials to maintain recommendations for reform to ensure that Maryland operates the public safety, in part by arresting and detaining individuals suspected best possible statewide pretrial system. of criminal activity in advance of trial; NOW THEREFORE, I, MARTIN O’MALLEY, GOVERNOR OF WHEREAS, Maryland officials recognize a fair and equitable pretrial THE STATE OF MARYLAND, BY VIRTUE OF THE system should release detainees who are expected to appear in court AUTHORITY VESTED IN ME BY THE CONSTITUTION AND and pose minimal risk to public safety; LAWS OF MARYLAND, HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE WHEREAS, Maryland’s current pretrial process is a two tiered IMMEDIATELY: approach; arrestees appear in front of a District Court Commissioner, A. There is a Governor’s Commission to Reform Maryland’s and if they are not released, they then appear in front of a District Pretrial System (Commission). Court Judge; B. Membership. (1) The Commission consists of the following voting members: WHEREAS, Under the Maryland Court of Appeals’ decision in (a) Two members appointed by the President of the Senate; Richmond v. DeWolfe, issued in September 2013, arrestees have the (b) Two members appointed by the Speaker of the House of right to an attorney in an initial appearance before a District Court Delegates; Commissioner; (c) The Secretary of the Department of Public Safety and Correctional Services or a designee; WHEREAS, To comply with the Richmond decision under the (d) The Executive Director of the Governor’s Office of current system, arrestees must be provided with an attorney in front Crime Control and Prevention or a designee; of both the District Court Commissioner and the District Court Judge; (e) The Chief Judge of the Court of Appeals or a designee; (f) The Public Defender of Maryland or a designee; WHEREAS, The Commission to Study the Laws and Policies (g) One member representing a State’s Attorney’s Office; Relating to Representation of Indigent Criminal Defendants by the (h) One member of the Maryland State Bar Association; Office of the Public Defender was authorized in May 2012 to study (i) One member of local law enforcement; the District Court Commissioner and pretrial release systems; (j) One representative of the bail bond industry; (k) Two members of the Maryland Correctional WHEREAS, This Commission recommended implementing a Administrators Association; validated pretrial risk screening tool and creating a statewide pretrial (l) One victim advocate; program for all Maryland counties; (m) One national expert in pretrial services; (n) One representative of local government; and WHEREAS, Pretrial risk assessment instruments can be traced back (o) Up to six additional members, as appointed by the to 1961 in New York City; Governor. (2) The members identified in Section B(1)(g) through B(1)(o) WHEREAS, Over 30 years of pretrial risk assessment research has shall be appointed by the Governor and shall serve at the pleasure of found that several objective factors are significant predictors for the Governor. pretrial failure (i.e. failure to appear or commission of a new (3) The members of the Commission shall reasonably reflect offense); those objective factors include but are not limited to the geographic, racial, ethnic, and gender diversity of the State. violations of parole/probation, prior convictions, prior violent C. The Governor shall designate the Chair from among the offenses, prior property or drug offenses, prior failures to appear, members. juvenile arrests, number of incarcerations, and number of pending D. In the event of a vacancy on the Commission, the Governor cases; shall appoint a successor. E. Procedures. WHEREAS, Pretrial risk assessments tools are used around the (1) Members of the Commission may not receive any country, and several states use risk assessment tools; compensation for their services but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance WHEREAS, It would be beneficial, for both public safety and cost with the Standard State Travel Regulations, as provided in the State reasons, for Maryland to adopt a statewide pretrial program to assess budget. and supervise pretrial defendants; (2) The majority of voting members of the Commission shall constitute a quorum for the transaction of any business. WHEREAS, Such a statewide pretrial program would utilize a (3) The Commission may adopt such other procedures as may validated risk assessment tool to make pretrial release decisions; the be necessary to ensure the orderly transaction of business, including assessment would allow for the immediate release of defendants who the creation of committees. pose a minimal risk to public safety and are at low risk of failing to (4) The Chair may, with the consent of the Commission, appear for court, and arrestees not immediately released would designate additional individuals, including interested citizens, elected appear before a District Court Judge and be represented by counsel; officials, educators, or specialists with relevant expertise, to serve on any committee. WHEREAS, The State intends to pilot a risk assessment tool in one (5) The Commission may consult with State agencies to obtain or more counties; and such technical assistance and advice as it deems necessary to

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 THE GOVERNOR 654 complete its duties. All Executive Department agencies shall cooperate with and assist the Commission in carrying out its responsibilities. The Department of Public Safety and Correctional Services and the Governor’s Office of Crime Control and Prevention shall be the lead State entities assisting the Commission. The Governor’s Office of Crime Control and Prevention will staff the commission. F. Purposes. The Commission shall have the following objectives: (1) Conduct a comprehensive examination of ideas that the State of Maryland could implement to ensure that Maryland operates an equitable and efficient statewide pretrial program; (2) Review approaches of other states and municipalities that use validated risk assessment tools; (3) Recommend how an objective validated risk assessment tool could be used in the State of Maryland; (4) Consider other methods to reduce the amount of time that low-risk arrestees are detained and other methods of pretrial diversion; (5) Develop and issue recommendations, including recommendations for legislation, that the State of Maryland should undertake to achieve these goals; (6) Assist and advise the State on issues arising from the ongoing implementation on a pilot basis of a risk assessment tool in one or more counties; and (7) Consider other related matters as the Commission deems necessary. G. Reports and Recommendations. (1) The Commission shall submit a final report to the Governor, the President of the Senate, and the Speaker of the House of Delegates, no later than December 1, 2014. (2) The Commission may submit additional reports as directed by the Governor.

GIVEN Under my Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 27nd day of May, 2014. MARTIN O’MALLEY Governor

ATTEST: JOHN P. MCDONOUGH Secretary of State [14-12-36]

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 655 The Judiciary

ADMINISTRATIVE OFFICE COURT OF APPEALS OF OF THE COURTS MARYLAND NOTICE RE MARYLAND DISCIPLINARY PROCEEDINGS RULE 1-322.2 This is to certify that by an Opinion and Order of the Court dated May 19, 2014,,TAIWO A. AGBAJE, 10055 Red Run Blvd., As of July 1, 2014, Rule 1-322.2 will take effect. That Rule Owings Mills, Maryland 21117, has been disbarred, effective states: immediately, from the further practice of law in the State, and his (a) Certificate Required. Every pleading or paper filed [in] an name as an attorney at law has been stricken from the register of action on or after July 1, 2014 shall contain either: attorneys in this Court (Maryland Rule 16-760 (e)). (1) a certificate of compliance with Rule 1-322.1 that is signed by an individual who is (A) the party filing it or an attorney for the * * * * * * * * * * party, or (B) if the paper is filed by a nonparty, the person filing it or This is to certify that by an Order of the Court dated May 28, 2014, the person’s attorney, employee, or agent; or KEVIN ANTHONY RING, Federal Prison Camp, ID # 29494-016, (2) in an affected action under Title 20 of these Rules, a P.O. Box 1000, Cumberland, MD 21501, has been disbarred by certificate that complies with Rule 20-201 (f)(1)(B). consent from the further practice of law in the State, and his name as (b) Action by Clerk. The clerk shall not accept for filing any an attorney at law has been stricken from the register of attorneys in pleading or other paper requiring a certificate under section (a) of this this Court (Maryland Rule 16-772(d)). Rule unless the pleading or paper contains the certificate. * * * * * * * * * * This is to certify that by an Order of the Court dated May 28, 2014, Rule 1-322.2 means that every pleading or paper filed in a HERBERT THOMAS NELSON, 3112 Tinder Place, Bowie, litigated civil or criminal case in the Maryland State courts on or Maryland 20715, has been replaced upon the register of attorneys in after July 1, 2014 must contain a certificate of compliance with the Court of Appeals as of May 28, 2014. Notice of this action is Rule 1-322.1, the Rule concerning exclusion of personal identifier certified in accordance with Maryland Rule 16-781(l). information. Rule 1-322.1, which has been in effect since July 9, [14-12-40] 2013, requires attorneys and other specified persons who file documents with a court in an action to keep personal identifier information out of the court records, unless there is a legal obligation RULES ORDER to include such information. Specifically, Rule 1-322.1 (b) prohibits including the following personal identifier information: This Court, on November 6, 2013, having adopted new Rule 4- 216.1 and amendments to Rules 4-102, 4-202, 4-212, 4-213, 4-214, ● an individual’s Social Security number or taxpayer 4-215, 4-216, 4-216.1, 4-217, 4-231, 4-301, 4-349, 5-101, and 15-303 identification number, or submitted by this Court’s Standing Committee on Rules of Practice ● the numeric or alphabetic characters of a financial or and Procedure in its One Hundred Eighty-First Report, those changes medical account identifier. being intended to implement this Court’s decision in DeWolfe v. Richmond, 434 Md. 444 (2013), to take effect upon further Order of Rule 1-322.1 sets forth alternatives when it is necessary to include the Court; and personal identifier information and merits careful study. This Court, on November 21, 2013, having adopted and made effective January 1, 2014, amendments to Rules 4-102, 4-202, 4-213, As Rule 1-322.2 says, a clerk “shall not” accept a filing, 4-215, and 4-301 as proposed in a Supplement to the One Hundred meaning a clerk must not and will not accept a filing, as of July 1, Seventy-Seventh Report of the Standing Committee on Rules of 2014, if the filing requires a Rule 1-322.2 certificate and does not Practice and Procedure, those changes dealing with matters other than have one. Therefore, it is imperative for anyone who files any the decision in DeWolfe v. Richmond; and pleading or paper in any action in a Maryland court to become The Court’s Standing Committee on Rules of Practice and familiar with Rule 1-322.2, and to comply with it, by July 1, 2014. Procedure having submitted its One Hundred Eighty-Third Report to Any non-compliance, and consequence of non-compliance, falls upon the Court recommending adoption, on an emergency basis, of new the filer. Rules 4-213.1 and 4-216.2 and amendments to Rules 4-202, 4-212, 4- 213, 4-214, 4-215, 4-216, 4-216.1, 4-217, 4-231, 4-349, 5-101, and Once the Maryland Electronic Court (MDEC) program begins, 15-303, those changes being intended to further implement this Rule 1-322.2 (a)(2) will require that electronically filed pleadings or Court’s decision in DeWolfe v. Richmond, in light of certain papers filed in an action contain a certificate that complies with Rule legislation enacted in the 2014 session of the General Assembly, and 20-201 (f)(1)(B). Filers should familiarize themselves with Rule 20- This Court having considered at an open meeting, notice of which 201, and the other Rules in Title 20, before proceeding to file any was posted as prescribed by law, all of the proposed Rules changes documents via MDEC. submitted in the One Hundred Eighty-Third Report, and finding that an emergency does in fact exist with reference to those proposed Pamela Harris changes, it is this 27th day of May, 2014, State Court Administrator ORDERED by the Court of Appeals of Maryland that new Rules [14-11-32] 4-213.1 and 4-216.2 and amendments to Rules 4-202, 4-212, 4-213, 4-214, 4-215, 4-216, 4-216.1, 4-217, 4-231, 4-349, 5-101, and 15-303

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 THE JUDICIARY 656 be, and they are hereby adopted in the form attached to this Order; court could determine that the defendant waived counsel and proceed and it is further to trial with the defendant unrepresented by counsel. ORDERED that the rules changes hereby adopted by this Court Cross reference: See Rule [4-216 (e)] 4-213.1 with respect to shall govern the courts of this State and all parties and their attorneys [counsel] the right to an attorney at an initial appearance before a in all actions and proceedings, and shall take effect and apply to all [judge] judicial officer and Rule 4-216.1 [(a)] (b) with respect to actions and proceedings commenced on or after July 1, 2014 at [counsel] the right to an attorney at a hearing to review a pretrial 8:00 a.m., and insofar as practicable to all actions and proceedings release decision of a commissioner. then pending; and it is further [(3)] (4) Advice of Preliminary Hearing ORDERED, that, except to the extent adopted and made effective When a defendant has been charged with a felony that is not by this Court in this Rules Order or in the Rules Order filed on within the jurisdiction of the District Court and has not been indicted, November 21, 2013, the Rules changes adopted in the Rules Order the judicial officer shall advise the defendant of the right to have a filed on November 6, 2013 in connection with the One Hundred preliminary hearing by a request made then or within ten days Eighty-First Report and which have not taken effect be and they are thereafter and that failure to make a timely request will result in the hereby rescinded. waiver of a preliminary hearing. If the defendant then requests a ORDERED that a copy of this Order be published in the next preliminary hearing, the judicial officer may either set its date and issue of the Maryland Register. time or notify the defendant that the clerk will do so. [(4)] (5) Pretrial Release Mary Ellen Barbera The judicial officer shall comply with the applicable provisions Glenn T. Harrell, Jr. of Rules 4-216 and 4-216.1 governing pretrial release. Lynne A. Battaglia [(5)] (6) Certification by Judicial Officer Clayton Greene, Jr. The judicial officer shall certify compliance with this section in Sally D. Adkins writing. Robert N. McDonald [(6)] (7) Transfer of Papers by Clerk Shirley M. Watts As soon as practicable after the initial appearance by the defendant, the judicial officer shall file all papers with the clerk of the Filed: May 27, 2014 District Court or shall direct that they be forwarded to the clerk of the circuit court if the charging document is filed there. Bessie M. Decker Cross reference: Code, Courts Article, §10-912. See Rule 4-231 (d) Clerk concerning the appearance of a defendant by video conferencing. Court of Appeals of Maryland (b) In District Court (1) Following Summons or Citation MARYLAND RULES OF PROCEDURE When a defendant appears before the District Court pursuant to TITLE 4 - CRIMINAL CAUSES a summons or citation, the court shall proceed in accordance with CHAPTER 200 - PRETRIAL PROCEDURES Rule 4-301. (2) Preliminary Inquiry AMEND Rule 4-213, as follows: When a defendant has (A) been charged by a citation or served with a summons and charging document for an offense that carries a Rule 4-213. INITIAL APPEARANCE OF DEFENDANT penalty of incarceration and (B) has not previously been advised by a (a) In District Court Following Arrest judicial officer of the defendant’s rights, the defendant may be When a defendant appears before a judicial officer of the District brought before a judicial officer for a preliminary inquiry advisement Court pursuant to an arrest, the judicial officer shall proceed as if no attorney has entered an appearance on behalf of the defendant. follows: The judicial officer shall inform the defendant of each offense with (1) Appointment, Appearance, or Waiver of Attorney for Initial which the defendant is charged and advise the defendant of the right Appearance to counsel and the matters set forth in subsection [(a)(1), (2), and (3)] If the defendant appears without an attorney, the judicial officer (a)(2), (3), and (4) of this Rule. The judicial officer shall certify in shall first follow the procedure set forth in Rule 4-213.1 to assure writing the judicial officer’s compliance with this subsection. that the defendant either is represented by an attorney or has (c) In Circuit Court Following Arrest or Summons knowingly and voluntarily waived the right to an attorney. The initial appearance of the defendant in circuit court occurs [(1)] (2) Advice of Charges when the defendant (1) is brought before the court by reason of The judicial officer shall inform the defendant of each offense execution of a warrant pursuant to Rule 4-212 (e) or (f)(2), or (2) with which the defendant is charged and of the allowable penalties, appears in person or by written notice of counsel in response to a including mandatory penalties, if any, and shall provide the defendant summons. In either case, if the defendant appears without counsel with a copy of the charging document if the defendant does not the court shall proceed in accordance with Rule 4-215. If the already have one and one is then available. If one is not then appearance is by reason of execution of a warrant, the court shall (1) available, the defendant shall be furnished with a copy as soon as inform the defendant of each offense with which the defendant is possible. charged, (2) ensure that the defendant has a copy of the charging [(2)] (3) Advice of Right to Counsel document, and (3) determine eligibility for pretrial release pursuant to The judicial officer shall require the defendant to read the notice Rule 4-216. to defendant required to be printed on charging documents in Source: This Rule is derived as follows: accordance with Rule 4-202 (a), or shall read the notice to a Section (a) is derived from former M.D.R. 723. defendant who is unable for any reason to do so. A copy of the Section (b) is new. notice shall be furnished to a defendant who has not received a copy Section (c) is derived from former Rule 723 a. of the charging document. The judicial officer shall advise the defendant that if the defendant appears for trial without counsel, the

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 THE JUDICIARY 657 MARYLAND RULES OF PROCEDURE (2) Inability of Attorney to Appear Promptly TITLE 4 - CRIMINAL CAUSES The commissioner shall further advise the defendant that, unless CHAPTER 200 - PRETRIAL PROCEDURES the attorney, whether court appointed or privately retained, is able to participate, either in person or by electronic means or ADD new Rule 4-213.1, as follows: telecommunication, within a reasonable period of time, the initial appearance may need to be continued, in which event, subject to Rule 4-213.1 APPOINTMENT, APPEARANCE, OR WAIVER OF subsection (d)(3) of this Rule, the defendant will be temporarily ATTORNEY AT INITIAL APPEARANCE committed until the earliest opportunity that the defendant can be presented to the next available judicial officer with an attorney (a) Right to Representation by Attorney present. (1) Generally (3) If Initial Appearance Continued A defendant has the right to be represented by an attorney at an If pursuant to subsection (d)(2) of this Rule, the initial initial appearance before a judicial officer. appearance needs to be continued, the commissioner, before (2) Attorney recessing the proceeding, shall proceed in accordance with this Unless the defendant waives that right in accordance with subsection. section (e) of this Rule or another attorney has entered an appearance, (A) Arrest Without Warrant - Determination of Probable Cause if the defendant is indigent within the meaning of Code, Criminal If the defendant was arrested without a warrant, the Procedure Article, §16-210 (b) and (c): commissioner shall determine whether there was probable cause for (A) the defendant shall be represented by the Public Defender if the charges and the arrest pursuant to Rule 4-216 (a). If the the initial appearance is before a judge; and commissioner finds no probable cause for the charges or for the (B) the defendant shall be represented by an attorney appointed arrest, the commissioner shall release the defendant on personal by the court in accordance with section (b) of this Rule if the initial recognizance, with no other conditions of release. If the defendant is appearance is before a District Court commissioner, unless the Public released pursuant to subsection (d)(3)(A) of this Rule, the Defender enters an appearance for the defendant. Commissioner shall not make the determination otherwise required (b) Appointment of Attorneys for Initial Appearance Before by subsection (d)(3)(B) of this Rule, but shall provide the advice Commissioner required by subsection (d)(3)(C) of this Rule. (1) Appointment (B) Preliminary Determination Regarding Release on Personal After consultation with the State and local bar associations and Recognizance the Public Defender, the District Administrative Judges shall develop Regardless of whether the defendant was arrested with or lists of attorneys willing to accept appointment to represent indigent without a warrant, the commissioner shall make a preliminary defendants at initial appearances before District Court commissioners determination regarding the commissioner’s authority to release the in the district on a pro bono basis or at fees equivalent to those paid defendant on personal recognizance and the appropriateness of such a by the Public Defender to panel attorneys. Attorneys shall be release pursuant to Rule 4-216. If the commissioner’s preliminary appointed from the lists as needed for specific proceedings or to be determination is that release on personal recognizance with no other available for blocks of time. conditions of release is authorized and appropriate, the commissioner (2) Processing of Invoices shall release the defendant on that basis. Invoices for fees due to court-appointed attorneys shall be (C) Required Compliance Before Release of Defendant processed in accordance with procedures adopted by the State Court Before releasing the defendant pursuant to subsection (d)(3)(A) Administrator. or (B) of this Rule, the commissioner shall comply with the (c) General Advice by Judicial Officer applicable provisions of Rules 4-213 and 4-216 (h). If the defendant appears at an initial appearance without an (D) Preliminary Determination Not to Release attorney, the judicial officer shall advise the defendant that the Upon a preliminary determination by the commissioner not to defendant has a right to an attorney at the initial appearance and that, release the defendant on personal recognizance, the commissioner if the defendant is indigent, (1) the Public Defender will provide shall comply with the applicable provisions of Rule 4-216 (g) and (h) representation if the proceeding is before a judge, or (2) a court- and recess the proceeding. The commissioner’s preliminary appointed attorney will provide representation if the proceeding is determination is without prejudice to the right of the defendant to before a commissioner. seek release on personal recognizance when the proceeding resumes (d) Proceeding Before Commissioner with the attorney present. If the proceeding resumes before the (1) Determination of Indigence commissioner who made the preliminary determination not to release (A) If the defendant claims indigence and desires a court- the defendant on personal recognizance, the commissioner, upon appointed attorney for the proceeding, the defendant shall complete a request of the defendant, shall recuse, and the proceeding shall be request and affidavit substantially in the form used by the Public before another judicial officer. Defender and, from those documents and in accordance with the (e) Waiver – Initial Appearance Before Judge or Commissioner criteria set forth in Code, Criminal Procedure Article, §16-210 (b) (1) If the defendant indicates a desire to waive the right to an and (c), the commissioner shall determine whether the defendant attorney, the judicial officer shall advise the defendant (A) that an qualifies for an appointed attorney. attorney can be helpful in explaining the procedure and in advocating (B) If the commissioner determines that the defendant is indigent, that the defendant should be released immediately on recognizance or the commissioner shall provide a reasonable opportunity for the on bail with minimal conditions, (B) that it may be possible for the defendant and a court-appointed attorney to consult in confidence. attorney to participate electronically or by telecommunication, and (C) If the commissioner determines that the defendant is not (C) that any waiver would be effective only for the initial appearance indigent, the commissioner shall advise the defendant of the right to a and not for any subsequent proceedings. privately retained attorney and provide a reasonable opportunity for (2) If, upon this advice, the defendant still wishes to waive the the defendant to obtain the services of, and consult in confidence right to an attorney and the judicial officer finds that the waiver is with, a private attorney. knowing and voluntary, the judicial officer shall announce and record that finding.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 THE JUDICIARY 658 (3) A waiver pursuant to section (e) of this Rule is effective only (b) Communications with Judicial Officer for the initial appearance and not for any subsequent proceeding. Except as permitted by Rule 2.9 (a)(1) and (2) of the Maryland (4) Notwithstanding an initial decision not to waive the right to an Code of Conduct for Judicial Appointees or Rule 2.9 (a)(1) and (2) of attorney, a defendant may waive that right at any time during the the Maryland Code of Judicial Conduct, all communications with a proceeding, provided that no attorney has already entered an judicial officer regarding any matter required to be considered by the appearance. judicial officer under this Rule shall be (1) in writing, with a copy (f) Participation by Attorney by Electronic or Telecommunication provided, if feasible, but at least shown or communicated by the Means judicial officer to each party who participates in the proceeding (1) By State’s Attorney before the judicial officer, and made part of the record, or (2) made The State’s Attorney may participate in the proceeding, but is openly at the proceeding before the judicial officer. Each party who not required to do so. When the physical presence of the State’s participates in the proceeding shall be given an opportunity to Attorney is impracticable, the State’s Attorney may participate respond to the communication. electronically or by telecommunication if the equipment at the Cross reference: See also Rule 3.5 (a) of the Maryland Lawyers’ judicial officer’s location and the State’s Attorney’s location provides Rules of Professional Conduct. adequate opportunity for the State’s Attorney to participate (c) Defendants Eligible for Release by Commissioner or Judge meaningfully in the proceeding. In accordance with this Rule and Code, Criminal Procedure (2) By Defense Attorney Article, §§5-101 and 5-201 and except as otherwise provided in When the physical presence of a defense attorney is section (d) of this Rule or by Code, Criminal Procedure Article, §§5- impracticable, the attorney may consult with the defendant and 201 and 5-202, a defendant is entitled to be released before verdict on participate in the proceeding electronically or by telecommunication personal recognizance or on bail, in either case with or without if the equipment is at the judicial officer’s location and the defense conditions imposed, unless the judicial officer determines that no attorney’s location provides adequate opportunity for the attorney to condition of release will reasonably ensure (1) the appearance of the consult privately with the defendant and participate meaningfully in defendant as required and (2) the safety of the alleged victim, another the proceeding. person, and the community. (g) Provisional and Limited Appearance (d) Defendants Eligible for Release only by a Judge (1) Provisional Representation by Public Defender A defendant charged with an offense for which the maximum Unless the Public Defender has entered a general appearance penalty is [death or] life imprisonment or with an offense listed under pursuant to Rule 4-214, any appearance entered by the Public Code, Criminal Procedure Article, §5-202 (a), (b), (c), (d), (e), (f) or Defender at an initial appearance shall be provisional. For purposes (g) may not be released by a District Court Commissioner, but may of this section, eligibility for provisional representation shall be be released before verdict or pending a new trial, if a new trial has determined by the Public Defender at the time of the proceeding. been ordered, if a judge determines that all requirements imposed by (2) Limited Appearance law have been satisfied and that one or more conditions of release Unless a general appearance has been entered pursuant to Rule will reasonably ensure (1) the appearance of the defendant as 4-214, an appearance by a court-appointed or privately retained required and (2) the safety of the alleged victim, another person, and attorney shall be limited to the initial appearance before the judicial the community. officer and shall terminate automatically upon the conclusion of that [(e) Initial Appearance Before a Judge stage of the criminal action. (1) Applicability (3) Inconsistency with Rule 4-214 This section applies to an initial appearance before a judge. It Section (g) of this Rule prevails over any inconsistent provision does not apply to an initial appearance before a District Court in Rule 4-214. commissioner. Source: This Rule is new but is derived, in part, from amendments (2) Duty of Public Defender proposed to Rule 4-216 in the 181st Report of the Standing Unless another attorney has entered an appearance or the Committee on Rules of Practice and Procedure. defendant has waived the right to counsel for purposes of an initial appearance before a judge in accordance with this section, the Public MARYLAND RULES OF PROCEDURE Defender shall provide representation to an eligible defendant at the TITLE 4 - CRIMINAL CAUSES initial appearance. CHAPTER 200 - PRETRIAL PROCEDURES (3) Waiver of Counsel for Initial Appearance (A) Unless an attorney has entered an appearance, the court shall AMEND Rule 4-216, as follows: advise the defendant that: (i) the defendant has a right to counsel at this proceeding; Rule 4-216. PRETRIAL RELEASE – AUTHORITY OF JUDICIAL (ii) an attorney can be helpful in advocating that the defendant OFFICER; PROCEDURE should be released on recognizance or on bail with minimal conditions and restrictions; and (a) Arrest Without Warrant (iii) if the defendant is eligible, the Public Defender will If a defendant was arrested without a warrant, upon the represent the defendant at this proceeding. completion of the requirements of Rules 4-213 (a) and 4-213.1, the (B) If the defendant indicates a desire to waive counsel and the judicial officer shall determine whether there was probable cause for court finds that the defendant knowingly and voluntarily waives the each charge and for the arrest and, as to each determination, make a right to counsel for purposes of the initial appearance, the court shall written record. If there was probable cause for at least one charge announce on the record that finding and proceed pursuant to this and the arrest, the judicial officer shall implement the remaining Rule. sections of this Rule. If there was no probable cause for any of the (C) Any waiver found under this section applies only to the initial charges or for the arrest, the judicial officer shall release the appearance. defendant on personal recognizance, with no other conditions of (4) Waiver of Counsel for Future Proceedings release, and the remaining sections of this Rule are inapplicable. For proceedings after the initial appearance, waiver of counsel is Cross reference: See Rule 4-213 [(a)(4)] (a)(5). governed by Rule 4-215.]

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 THE JUDICIARY 659 [Cross reference: For the requirement that the court also advise the (4) requiring the defendant to post a bail bond complying with defendant of the right to counsel generally, see Rule 4-215 (a).] Rule 4-217 in an amount and on conditions specified by the judicial [(f)] (e) Duties of Judicial Officer officer, including any of the following: (1) Consideration of Factors (A) without collateral security; In determining whether a defendant should be released and the (B) with collateral security of the kind specified in Rule 4-217 conditions of release, the judicial officer shall take into account the (e)(1)(A) equal in value to the greater of $100.00 or 10% of the full following information, to the extent available: penalty amount, and if the judicial officer sets bail at $2500 or less, (A) the nature and circumstances of the offense charged, the the judicial officer shall advise the defendant that the defendant may nature of the evidence against the defendant, and the potential post a bail bond secured by either a corporate surety or a cash deposit sentence upon conviction; of 10% of the full penalty amount; (B) the defendant’s prior record of appearance at court (C) with collateral security of the kind specified in Rule 4-217 proceedings or flight to avoid prosecution or failure to appear at court (e)(1)(A) equal in value to a percentage greater than 10% but less proceedings; than the full penalty amount; (C) the defendant’s family ties, employment status and history, (D) with collateral security of the kind specified in Rule 4-217 financial resources, reputation, character and mental condition, length (e)(1) equal in value to the full penalty amount; or of residence in the community, and length of residence in this State; (E) with the obligation of a corporation that is an insurer or other (D) any recommendation of an agency that conducts pretrial surety in the full penalty amount; release investigations; (5) subjecting the defendant to any other condition reasonably (E) any recommendation of the State’s Attorney; necessary to: (F) any information presented by the defendant or defendant’s (A) ensure the appearance of the defendant as required, [counsel] attorney; (B) protect the safety of the alleged victim, and (G) the danger of the defendant to the alleged victim, another (C) ensure that the defendant will not pose a danger to another person, or the community; person or to the community; and (H) the danger of the defendant to himself or herself; and (6) imposing upon the defendant, for good cause shown, one or (I) any other factor bearing on the risk of a wilful failure to more of the conditions authorized under Code, Criminal Law Article, appear and the safety of the alleged victim, another person, or the §9-304 reasonably necessary to stop or prevent the intimidation of a community, including all prior convictions and any prior victim or witness or a violation of Code, Criminal Law Article, §9- adjudications of delinquency that occurred within three years of the 302, 9-303, or 9-305. date the defendant is charged as an adult. Cross reference: See Code, Criminal Procedure Article, §5-201 (2) Statement of Reasons - When Required (a)(2) concerning protections for victims as a condition of release. Upon determining to release a defendant to whom section (c) of See Code, Criminal Procedure Article, §5-201 (b), and Code, this Rule applies or to refuse to release a defendant to whom section Business Occupations and Professions Article, Title 20, concerning (b) of this Rule applies, the judicial officer shall state the reasons in private home detention monitoring as a condition of release. writing or on the record. (g) Temporary Commitment Order (3) Imposition of Conditions of Release If an initial appearance before a commissioner cannot proceed or If the judicial officer determines that the defendant should be be completed as scheduled, the commissioner may enter a temporary released other than on personal recognizance without any additional commitment order, but in that event the defendant shall be presented conditions imposed, the judicial officer shall impose on the defendant at the earliest opportunity to the next available judicial officer for an the least onerous condition or combination of conditions of release initial appearance. If the judicial officer is a judge, there shall be no set out in section [(g)] (f) of this Rule that will reasonably: review of the judge’s order pursuant to Rule 4-216.1. (A) ensure the appearance of the defendant as required, Committee note: Section (g) of this Rule is intended to apply to a (B) protect the safety of the alleged victim by ordering the narrow set of compelling circumstances in which it would be defendant to have no contact with the alleged victim or the alleged inappropriate or impracticable to proceed with or complete the victim’s premises or place of employment or by other appropriate initial appearance as scheduled, such as the illness, intoxication, or order, and disability of the defendant or the inability of an attorney for the (C) ensure that the defendant will not pose a danger to another defendant to appear within a reasonable time. person or to the community. (h) Record (4) Advice of Conditions; Consequences of Violation; Amount and The judicial officer shall make a brief written record of the Terms of Bail proceeding, including: The judicial officer shall advise the defendant in writing or on (1) whether notice of the time and place of the proceeding was the record of the conditions of release imposed and of the given to the State’s Attorney and the Public Defender or any other consequences of a violation of any condition. When bail is required, defense attorney and, if so, the time and method of notification; the judicial officer shall state in writing or on the record the amount (2) if a State’s Attorney has entered an appearance, the name of and any terms of the bail. the State’s Attorney and whether the State’s Attorney was physically [(g)] (f) Conditions of Release present at the proceeding or appeared remotely; The conditions of release imposed by a judicial officer under this (3) if an attorney has entered an appearance for the defendant, the Rule may include: name of the attorney and whether the attorney was physically present (1) committing the defendant to the custody of a designated person at the proceeding or appeared remotely; or organization that agrees to supervise the defendant and assist in (4) if the defendant waived an attorney, a confirmation that the ensuring the defendant’s appearance in court; advice required by Rule 4-213.1 (e) was given and that the (2) placing the defendant under the supervision of a probation defendant’s waiver was knowing and voluntary; officer or other appropriate public official; (5) confirmation that the judicial officer complied with each (3) subjecting the defendant to reasonable restrictions with respect applicable requirement specified in section (e) of this Rule and in to travel, association, or residence during the period of release; Rule 4-213 (a); (6) whether the defendant was ordered held without bail;

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 THE JUDICIARY 660 (7) whether the defendant was released on personal recognizance; 9. DO NOT WAIT UNTIL THE DATE OF YOUR TRIAL TO and GET A LAWYER. If you do not have a lawyer before the trial date, (8) if the defendant was ordered released on conditions pursuant to you may have to go to trial without one. section (f) of this Rule, the conditions of the release. (b) Signature on Charging Documents [(h)] (i) Title 5 Not Applicable (1) Requirement – Who Must Sign Title 5 of these rules does not apply to proceedings conducted (A) Before a citation is issued, it shall be signed by the peace under this Rule. officer who issues it. Source: This Rule is derived in part from former Rule 721, M.D.R. Cross reference: See Rule 4-102 (h) for definition of “peace officer.” 723 b 4, and is in part new. (B) A Statement of Charges shall be signed by the peace officer or judicial officer who issues it. MARYLAND RULES OF PROCEDURE (C) An indictment shall be signed by the foreperson or acting TITLE 4 - CRIMINAL CAUSES foreperson of the grand jury and also may be signed by a State’s CHAPTER 200 - PRETRIAL PROCEDURES Attorney. (D) A criminal information shall be signed by a State’s Attorney. AMEND Rule 4-202, as follows: (2) Method of Signing (A) A charging document filed in paper form shall contain either Rule 4-202. CHARGING DOCUMENT - CONTENT the handwritten signature of the individual who signed the document or a facsimile signature of that individual affixed in a manner that (a) General Requirements assures the genuineness of the signature. A charging document shall contain the name of the defendant or (B) Subject to the Rules in Title 20, a charging document filed any name or description by which the defendant can be identified electronically shall contain a facsimile or digital signature of the with reasonable certainty, except that the defendant need not be individual purporting to be the signer, which shall be affixed in a named or described in a citation for a parking violation. It shall manner that assures the genuineness of the signature. contain a concise and definite statement of the essential facts of the (C) If an indictment or criminal information is not signed offense with which the defendant is charged and, with reasonable personally by the elected or appointed State’s Attorney for the county particularity, the time and place the offense occurred. An allegation but is properly signed by another individual authorized to sign the made in one count may be incorporated by reference in another document, the typed name of the elected or appointed State’s count. The statute or other authority for each count shall be cited at Attorney may also appear on the document. the end of the count, but error in or omission of the citation of (3) Waiver of Objection authority is not grounds for dismissal of the charging document or for A plea to the merits waives any objection that the charging reversal of a conviction. document is not signed. A charging document also shall contain a notice to the defendant (c) Specific Requirements in the following form: (1) Citation TO THE PERSON CHARGED: (A) A citation shall be (i) under oath of the peace officer who 1. This paper charges you with committing a crime. signs it, or (ii) accompanied by a Statement of Probable Cause signed 2. If you have been arrested and remain in custody, you have the under oath by the same or another peace officer. right to have a judicial officer decide whether you should be released (B) A citation shall contain a command to the defendant to appear from jail until your trial. in District Court when required. 3. If you have been served with a citation or summons directing (2) Statement of Charges you to appear before a judicial officer for a preliminary inquiry at a A Statement of Charges shall include or be accompanied by (A) date and time designated or within five days of service if no time is a Statement of Probable Cause signed under oath, or (B) an designated, a judicial officer will advise you of your rights, the Application for Statement of Charges signed under oath, which is charges against you, and penalties. The preliminary inquiry will be sufficient to establish probable cause. cancelled if a lawyer has entered an appearance to represent you. (3) Indictment 4. You have the right to have a lawyer. An indictment shall conclude with the words “against the peace, 5. A lawyer can be helpful to you by: government, and dignity of the State.” (A) explaining the charges in this paper; (4) Summons in District Court (B) telling you the possible penalties; A District Court summons shall contain a command to the (C) helping you at trial; defendant to appear in District Court as directed. (D) helping you protect your constitutional rights; and Cross reference: See Section 13 of Article IV of the Constitution of (E) helping you to get a fair penalty if convicted. Maryland and State v. Dycer, 85 Md. 246, 36 A. 763 (1897). 6. Even if you plan to plead guilty, a lawyer can be helpful. (d) Matters Not Required 7. If you are eligible, the Public Defender or a court-appointed A charging document need not negate an exception, excuse, or attorney will represent you at any initial appearance before a judicial proviso contained in a statute or other authority creating or defining officer and at any proceeding under Rule 4-216.1 to review an order the offense charged. It is not necessary to use the word “feloniously” of a District Court commissioner regarding pretrial release. If you or “unlawfully” to charge a felony or misdemeanor in a charging want a lawyer for any further proceeding, including trial, but do not document. In describing money in a charging document, it is have the money to hire one, the Public Defender may provide a sufficient to refer to the amount in current money, without specifying lawyer for you. The court clerk will tell you how to contact the the particular notes, denominations, coins, or certificates circulating Public Defender. as money of which the amount is composed. 8. If you want a lawyer but you cannot get one and the Public Source: This Rule is derived as follows: Defender will not provide one for you, contact the court clerk as soon Section (a) is derived from former M.D.R. 711 a and Rule 711 a. as possible. Section (b) is derived from former M.D.R. 711 b 2 and Rule 711 c. Section (c) is derived from former M.D.R. 711 b 1 and Rule 711 b.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 THE JUDICIARY 661 Section (d) is derived from former Rule 711 d and e and M.D.R. 711 of intention to withdraw appearance was sent to the defendant at least c and d. ten days before the filing of the motion. If the defendant is represented by other counsel or if other counsel enters an appearance MARYLAND RULES OF PROCEDURE on behalf of the defendant, and if no objection is made within ten TITLE 4 - CRIMINAL CAUSES days after the motion is filed, the clerk shall strike the appearance of CHAPTER 200 - PRETRIAL PROCEDURES moving counsel. If no other counsel has entered an appearance for the defendant, leave to withdraw may be granted only by order of court. AMEND Rule 4-214, as follows: The court may refuse leave to withdraw an appearance if it would unduly delay the trial of the action, would be prejudicial to any of the Rule 4-214. DEFENSE COUNSEL parties, or otherwise would not be in the interest of justice. If leave is granted and the defendant is not represented, a subpoena or other writ (a) Appearance shall be issued and served on the defendant for an appearance before Counsel retained or appointed to represent a defendant shall enter the court for proceedings pursuant to Rule 4-215. an appearance in writing within five days after accepting Cross reference: Code, Courts Article, §6-407 (Automatic employment, after appointment, or after the filing of the charging Termination of Appearance of Attorney). See Rules 4-213.1 and 4- document in court, whichever occurs later. An appearance entered in 216.1 (b) providing for a limited appearance by the Public Defender the District Court will automatically be entered in the circuit court or court-appointed attorney in initial appearance proceedings before when a case is transferred to the circuit court because of a demand for a judicial officer and hearings to review a pretrial release decision jury trial. In any other circumstance, counsel who intends to continue by a commissioner if no general appearance under this Rule is representation in the circuit court after appearing in the District Court entered. must re-enter an appearance in the circuit court. Source: This Rule is in part derived from former Rule 725 and Cross reference: See Rules 4-213.1 and 4-216.1 (b) with respect to M.D.R. 725 and in part from the 2009 version of Fed. R. Crim. P. 44. the automatic termination of the appearance of the Public Defender or court-appointed attorney upon the conclusion of an initial MARYLAND RULES OF PROCEDURE appearance before a judicial officer and upon the conclusion of a TITLE 4 - CRIMINAL CAUSES hearing to review a pretrial release decision of a commissioner if no CHAPTER 200 - PRETRIAL PROCEDURES general appearance under this Rule is entered. (b) Extent of Duty of Appointed Counsel AMEND Rule 4-215, as follows: When counsel is appointed by the Public Defender or by the court, representation extends to all stages in the proceedings, Rule 4-215. WAIVER OF COUNSEL including but not limited to custody, interrogations, preliminary hearing, pretrial motions and hearings, trial, motions for modification (a) First Appearance in Court Without Counsel or review of sentence or new trial, and appeal. The Public Defender At the defendant’s first appearance in court without counsel, or may relieve appointed counsel and substitute new counsel for the when the defendant appears in the District Court without counsel, defendant without order of court by giving notice of the substitution demands a jury trial, and the record does not disclose prior to the clerk of the court. Representation by the Public Defender’s compliance with this section by a judge, the court shall: office may not be withdrawn until the appearance of that office has (1) Make certain that the defendant has received a copy of the been stricken pursuant to section (d) of this Rule. The representation charging document containing notice as to the right to counsel. of appointed counsel does not extend to the filing of subsequent (2) Inform the defendant of the right to counsel and of the discretionary proceedings including petition for writ of certiorari, importance of assistance of counsel. petition to expunge records, and petition for post conviction relief. (3) Advise the defendant of the nature of the charges in the (c) Inquiry into Joint Representation charging document, and the allowable penalties, including mandatory (1) Joint Representation penalties, if any. Joint representation occurs when: (4) Conduct a waiver inquiry pursuant to section (b) of this Rule if (A) an offense is charged that carries a potential sentence of the defendant indicates a desire to waive counsel. incarceration; (5) If trial is to be conducted on a subsequent date, advise the (B) two or more defendants have been charged jointly or joined defendant that if the defendant appears for trial without counsel, the for trial under Rule 4-253 (a); and court could determine that the defendant waived counsel and proceed (C) the defendants are represented by the same counsel or by to trial with the defendant unrepresented by counsel. counsel who are associated in the practice of law. (6) If the defendant is charged with an offense that carries a (2) Court’s Responsibilities in Cases of Joint Representation penalty of incarceration, determine whether the defendant had If a joint representation occurs, the court, on the record, appeared before a judicial officer for an initial appearance pursuant to promptly and personally shall (A) advise each defendant of the right Rule 4-213 or a hearing pursuant to Rule 4-216 and, if so, that the to effective assistance of counsel, including separate representation record of such proceeding shows that the defendant was advised of and (B) advise counsel to consider carefully any potential areas of the right to counsel. impermissible conflict of interest arising from the joint The clerk shall note compliance with this section in the file or on representation. Unless there is good cause to believe that no the docket. impermissible conflict of interest is likely to arise, the court shall take (b) Express Waiver of Counsel appropriate measures to protect each defendant’s right to counsel. If a defendant who is not represented by counsel indicates a Cross reference: See Rule 1.7 of the Maryland Lawyers’ Rules of desire to waive counsel, the court may not accept the waiver until Professional Conduct. after an examination of the defendant on the record conducted by the (d) Striking Appearance court, the State’s Attorney, or both, the court determines and A motion to withdraw the appearance of counsel shall be made in announces on the record that the defendant is knowingly and writing or in the presence of the defendant in open court. If the voluntarily waiving the right to counsel. If the file or docket does not motion is in writing, moving counsel shall certify that a written notice reflect compliance with section (a) of this Rule, the court shall

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 THE JUDICIARY 662 comply with that section as part of the waiver inquiry. The court Source: This Rule is derived as follows: shall ensure that compliance with this section is noted in the file or on Section (a) is derived from former Rule 723 b 1, 2, 3 and 7 and c 1. the docket. At any subsequent appearance of the defendant before Section (b) is derived from former Rule 723. the court, the docket or file notation of compliance shall be prima Section (c) is in part derived from former M.D.R. 726 and in part facie proof of the defendant’s express waiver of counsel. After there new. has been an express waiver, no postponement of a scheduled trial or Section (d) is derived from the first sentence of former M.D.R. 726 hearing date will be granted to obtain counsel unless the court finds it d. is in the interest of justice to do so. Section (e) is new. (c) Waiver by Inaction - District Court In the District Court, if the defendant appears on the date set for MARYLAND RULES OF PROCEDURE trial without counsel and indicates a desire to have counsel, the court TITLE 4 - CRIMINAL CAUSES shall permit the defendant to explain the appearance without counsel. CHAPTER 200 - PRETRIAL PROCEDURES If the court finds that there is a meritorious reason for the defendant’s appearance without counsel, the court shall continue the action to a AMEND Rule 4-216.1, as follows: later time, comply with section (a) of this Rule, if the record does not show prior compliance, and advise the defendant that if counsel does Rule 4-216.1. [FURTHER PROCEEDINGS REGARDING] not enter an appearance by that time, the action will proceed to trial REVIEW OF COMMISSIONER’S PRETRIAL RELEASE ORDER with the defendant unrepresented by counsel. If the court finds that [(a) Review of Pretrial Release Order Entered by Commissioner] there is no meritorious reason for the defendant’s appearance without [(1)] (a) Generally counsel, the court may determine that the defendant has waived A defendant who is denied pretrial release by a commissioner or counsel by failing or refusing to obtain counsel and may proceed with who for any reason remains in custody after a commissioner has the trial only if (1) the defendant received a copy of the charging determined conditions of release pursuant to Rule 4-216 shall be document containing the notice as to the right to counsel and (2) the presented immediately to the District Court if the court is then in defendant either (A) is charged with an offense that is not punishable session, or if not, at the next session of the court. by a fine exceeding five hundred dollars or by imprisonment, or (B) Cross reference: See Rule 4-231 (d) concerning the presence of a appeared before a judicial officer of the District Court pursuant to defendant by video conferencing. Rule 4-213 (a) or (b) or before the court pursuant to section (a) of this [(2)] (b) [Counsel] Attorney for Defendant Rule and was given the required advice. [(A)] (1) Duty of Public Defender (d) Waiver by Inaction - Circuit Court Unless another attorney has entered an appearance or the If a defendant appears in circuit court without counsel on the date defendant has waived the right to [counsel] an attorney for purposes set for hearing or trial, indicates a desire to have counsel, and the of the review hearing in accordance with this section, the Public record shows compliance with section (a) of this Rule, either in a Defender shall provide representation to an eligible defendant at the previous appearance in the circuit court or in an appearance in the review hearing. District Court in a case in which the defendant demanded a jury trial, [(B)] (2) Waiver the court shall permit the defendant to explain the appearance without [(i)] (A) Unless an attorney has entered an appearance, the court counsel. If the court finds that there is a meritorious reason for the shall advise the defendant that: defendant’s appearance without counsel, the court shall continue the [(a)] (i) the defendant has a right to [counsel] an attorney at the action to a later time and advise the defendant that if counsel does not review hearing; enter an appearance by that time, the action will proceed to trial with [(b)] (ii) an attorney can be helpful in advocating that the the defendant unrepresented by counsel. If the court finds that there defendant should be released on recognizance or on bail with is no meritorious reason for the defendant’s appearance without minimal conditions and restrictions; and counsel, the court may determine that the defendant has waived [(c)] (iii) if the defendant is eligible, the Public Defender will counsel by failing or refusing to obtain counsel and may proceed with represent the defendant at this proceeding. the hearing or trial. Cross reference: For the requirement that the court also advise the (e) Discharge of Counsel - Waiver defendant of the right to counsel generally, see Rule 4-215 (a). If a defendant requests permission to discharge an attorney [(ii)] (B) If, after the giving of this advice, the defendant indicates whose appearance has been entered, the court shall permit the a desire to waive [counsel] an attorney for purposes of the review defendant to explain the reasons for the request. If the court finds hearing and the court finds that the [defendant knowingly and that there is a meritorious reason for the defendant’s request, the voluntarily waives the right to counsel for purposes of the review court shall permit the discharge of counsel; continue the action if hearing] waiver is knowing and voluntary, the court shall announce necessary; and advise the defendant that if new counsel does not on the record that finding and proceed pursuant to this Rule. enter an appearance by the next scheduled trial date, the action will [(iii)] (C) Any waiver found under this Rule [applies] is proceed to trial with the defendant unrepresented by counsel. If the applicable only to the [review hearing] proceeding under this Rule. court finds no meritorious reason for the defendant’s request, the [(C)] (3) Waiver of [Counsel] Attorney for Future Proceedings court may not permit the discharge of counsel without first informing For proceedings after the review hearing, waiver of [counsel] an the defendant that the trial will proceed as scheduled with the attorney is governed by Rule 4-215. defendant unrepresented by counsel if the defendant discharges [Cross reference: For the requirement that the court also advise the counsel and does not have new counsel. If the court permits the defendant of the right to counsel generally, see Rule 4-215 (a).] defendant to discharge counsel, it shall comply with subsections [(3)] (c) Determination by Court (a)(1)-(4) of this Rule if the docket or file does not reflect prior The District Court shall review the commissioner’s pretrial compliance. release determination and take appropriate action in accordance with Cross reference: See Rule [4-216 (e)] 4-213.1 with respect to waiver Rule 4-216 [(f) and (g)] (e) and (f). If the court determines that the of [counsel] an attorney at an initial appearance before a judge and defendant will continue to be held in custody after the review, the Rule 4-216.1 [(a)] (b) with respect to waiver of [counsel] an attorney court shall set forth in writing on the record the reasons for the at a hearing to review a pretrial release decision of a commissioner. continued detention.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 THE JUDICIARY 663 [(4)] (d) Juvenile Defendant (2) who engages in conduct that justifies exclusion from the If the defendant is a child whose case is eligible for transfer to the courtroom; or juvenile court pursuant to Code, Criminal Procedure Article, §4-202 (3) who, personally or through counsel, agrees to or acquiesces in (b), the District Court, regardless of whether it has jurisdiction over being absent. the offense charged, may order that a study be made of the child, the (d) Video Conferencing in District Court child’s family, or other appropriate matters. The court also may In the District Court, if the Chief Judge of the District Court has order that the child be held in a secure juvenile facility. approved the use of video conferencing in the county, a judicial [(b) Continuance of Previous Conditions officer may conduct an initial appearance under Rule 4-213 (a) or a When conditions of pretrial release have been previously review of the commissioner’s pretrial release determination under imposed in the District Court, the conditions continue in the circuit Rule 4-216.1 [(a)] with the defendant and the judicial officer at court unless amended or revoked pursuant to section (c) of this Rule. different locations, provided that: (c) Amendment of Pretrial Release Order (1) the defendant’s right to counsel under [Rule 4-216 (e) and Rule After a charging document has been filed, the court, on motion of 4-216.1 (a)] Rules 4-213.1 and 4-216.1 is not infringed; any party or on its own initiative and after notice and opportunity for (2) the video conferencing procedure and technology are approved hearing, may revoke an order of pretrial release or amend it to impose by the Chief Judge of the District Court for use in the county; and additional or different conditions of release. If its decision results in (3) immediately after the proceeding, all documents that are not a the detention of the defendant, the court shall state the reasons for its part of the District Court file and that would be a part of the file if the action in writing or on the record. A judge may alter conditions set proceeding had been conducted face-to-face shall be electronically by a commissioner or another judge. transmitted or hand-delivered to the District Court[; and]. (d) Supervision of Detention Pending Trial [(4) if the initial appearance under Rule 4-213 is conducted by In order to eliminate unnecessary detention, the court shall video conferencing, the review under Rule 4-216.1 (a) shall not be exercise supervision over the detention of defendants pending trial. It conducted by video conferencing.] shall require from the sheriff, warden, or other custodial officer a Committee note: Except when specifically covered by this Rule, the weekly report listing each defendant within its jurisdiction who has matter of presence of the defendant during any stage of the been held in custody in excess of seven days pending preliminary proceedings is left to case law and the Rule is not intended to exhaust hearing, trial, sentencing, or appeal. The report shall give the reason all situations. [By the addition of section (d) to the Rule, the for the detention of each defendant. Committee intends no inference concerning the use of video (e) Violation of Condition of Release conferencing in other contexts.] A court may issue a bench warrant for the arrest of a defendant Source: Sections (a), (b), and (c) of this Rule are derived from charged with a criminal offense who is alleged to have violated a former Rule 724 and M.D.R. 724. Section (d) is new. condition of pretrial release. After the defendant is presented before a court, the court may (1) revoke the defendant’s pretrial release or (2) MARYLAND RULES OF PROCEDURE continue the defendant’s pretrial release with or without conditions. TITLE 4 - CRIMINAL CAUSES Cross reference: See Rule 1-361, Execution of Warrants and Body CHAPTER 200 - PRETRIAL PROCEDURES Attachments. See also, Rule 4-347, Proceedings for Revocation of Probation, which preserves the authority of a judge issuing a warrant ADD new Rule 4-216.2, as follows: to set the conditions of release on an alleged violation of probation.] [(f)] (e) Title 5 Not Applicable Rule 4-216.2. FURTHER PROCEEDINGS REGARDING Title 5 of these Rules does not apply to proceedings conducted PRETRIAL RELEASE under this Rule. Source: [This Rule is new but is derived, in part, from former (a) Continuance of Previous Conditions sections (f), (g), (h), (i), (j), and (k) of Rule 4-216.] This Rule is When conditions of pretrial release have been previously imposed derived from former section (a) of Rule 4-216.1 (2012). in the District Court, the conditions continue in the circuit court unless amended or revoked pursuant to section (b) of this Rule. MARYLAND RULES OF PROCEDURE (b) Amendment of Pretrial Release Order TITLE 4 - CRIMINAL CAUSES After a charging document has been filed, the court, on motion of CHAPTER 200 - PRETRIAL PROCEDURES any party or on its own initiative and after notice and opportunity for hearing, may revoke an order of pretrial release or amend it to impose AMEND Rule 4-231, as follows: additional or different conditions of release. If its decision results in the detention of the defendant, the court shall state the reasons for its Rule 4-231. PRESENCE OF DEFENDANT action in writing or on the record. A judge may alter conditions set (a) When Presence Required by a commissioner or another judge. A defendant shall be present at all times when required by the (c) Supervision of Detention Pending Trial court. A corporation may be present by counsel. In order to eliminate unnecessary detention, the court shall (b) Right to be Present - Exceptions exercise supervision over the detention of defendants pending trial. It A defendant is entitled to be physically present in person at a shall require from the sheriff, warden, or other custodial officer a preliminary hearing and every stage of the trial, except (1) at a weekly report listing each defendant within its jurisdiction who has conference or argument on a question of law; (2) when a nolle been held in custody in excess of seven days pending preliminary prosequi or stet is entered pursuant to Rules 4-247 and 4-248. hearing, trial, sentencing, or appeal. The report shall give the reason Cross reference: Code, Criminal Procedure Article, §11-303. for the detention of each defendant. (c) Waiver of Right to be Present (d) Violation of Condition of Release The right to be present under section (b) of this Rule is waived A court may issue a bench warrant for the arrest of a defendant by a defendant: charged with a criminal offense who is alleged to have violated a (1) who is voluntarily absent after the proceeding has commenced, condition of pretrial release. After the defendant is presented before whether or not informed by the court of the right to remain; or a court, the court may (1) revoke the defendant’s pretrial release or

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 THE JUDICIARY 664 (2) continue the defendant’s pretrial release with or without (D) the court has revoked the bail bond pursuant to Rule [4- conditions. 216.1] 4-216.2 or the defendant has been convicted and denied bail Cross reference: See Rule 1-361, Execution of Warrants and Body pending sentencing; or Attachments. See also, Rule 4-347, Proceedings for Revocation of (E) the defendant has been surrendered by the surety pursuant to Probation, which preserves the authority of a judge issuing a warrant section (h) of this Rule. to set the conditions of release on an alleged violation of probation. Cross reference: See Code, Criminal Procedure Article, §5-208 (d) (e) Title 5 Not Applicable relating to discharge of a bail bond when the charges are stetted. See Title 5 of these rules does not apply to proceedings conducted also Rule 4-349 pursuant to which the District Court judge may deny under this Rule. release on bond pending appeal or may impose different or greater Source: This Rule is new but is derived, in part, from former sections conditions for release after conviction than were imposed for the (b), (c), (d), (e), and (f) of Rule 4-216.1 (2012). pretrial release of the defendant pursuant to Rule 4-216, [or] 4-216.1, or 4-216.2. MARYLAND RULES OF PROCEDURE . . . TITLE 4 - CRIMINAL CAUSES CHAPTER 200 - PRETRIAL PROCEDURES MARYLAND RULES OF PROCEDURE TITLE 4 - CRIMINAL CAUSES AMEND Rule 4-212, as follows: CHAPTER 300 - TRIAL AND SENTENCING

Rule 4-212. ISSUANCE, SERVICE, AND EXECUTION OF AMEND Rule 4-349, as follows: SUMMONS OR WARRANT . . . Rule 4-349. RELEASE AFTER CONVICTION (f) Procedure - When Defendant in Custody . . . (1) Same Offense (c) Conditions of Release When a defendant is arrested without a warrant, the defendant The court may impose different or greater conditions for release shall be taken before a judicial officer of the District Court without under this Rule than had been imposed upon the defendant before unnecessary delay and in no event later than 24 hours after arrest. trial pursuant to Rule 4-216, [or] Rule 4-216.1, 4-216.2. When the When a charging document is filed in the District Court for the defendant is released pending sentencing, the condition of any bond offense for which the defendant is already in custody a warrant or required by the court shall be that the defendant appear for further summons need not issue. A copy of the charging document shall be proceedings as directed and surrender to serve any sentence imposed. served on the defendant promptly after it is filed, and a return shall be When the defendant is released pending any appellate review, the made as for a warrant. When a charging document is filed in the condition of any bond required by the court shall be that the circuit court for an offense for which the defendant is already in defendant prosecute the appellate review according to law and, upon custody, a warrant issued pursuant to subsection (d)(2) of this Rule termination of the appeal, surrender to serve any sentence required to may be lodged as a detainer for the continued detention of the be served or appear for further proceedings as directed. The bond defendant under the jurisdiction of the court in which the charging shall continue until discharged by order of the court or until surrender document is filed. Unless otherwise ordered pursuant to Rule 4-216, of the defendant, whichever is earlier. [or] 4-216.1, or 4-216.2, the defendant remains subject to conditions . . . of pretrial release imposed by the District Court. . . . MARYLAND RULES OF PROCEDURE TITLE 5 - EVIDENCE MARYLAND RULES OF PROCEDURE CHAPTER 100 - GENERAL PROVISIONS TITLE 4 - CRIMINAL CAUSES CHAPTER 200 - PRETRIAL PROCEDURES AMEND Rule 5-101, as follows:

AMEND Rule 4-217, as follows: Rule 5-101. SCOPE . . . Rule 4-217. BAIL BONDS (b) Rules Inapplicable (a) Applicability of Rule The rules in this Title other than those relating to the competency This Rule applies to all bail bonds taken pursuant to Rule 4-216, of witnesses do not apply to the following proceedings: [or] 4-216.1, or 4-216.2, and to bonds taken pursuant to Rules 4-267, (1) Proceedings before grand juries; 4-348, and 4-349 to the extent consistent with those rules. (2) Proceedings for extradition or rendition; . . . (3) Direct contempt proceedings in which the court may act (j) Discharge of Bond - Refund of Collateral Security summarily; (1) Discharge (4) Small claim actions under Rule 3-701 and appeals under Rule The bail bond shall be discharged when: 7-112 (d)(2); (A) all charges to which the bail bond applies have been stetted, (5) Issuance of a summons or warrant under Rule 4-212; unless the bond has been forfeited and 10 years have elapsed since (6) Pretrial release under Rule 4-216, [or] 4-216.1, or 4-216.2 or the bond or other security was posted; or release after conviction under Rule 4-349; (B) all charges to which the bail bond applies have been disposed (7) Preliminary hearings under Rule 4-221; of by a nolle prosequi, dismissal, acquittal, or probation before (8) Post-sentencing procedures under Rule 4-340; judgment; or (9) Sentencing in non-capital cases under Rule 4-342; (C) the defendant has been sentenced in the District Court and no (10) Issuance of a search warrant under Rule 4-601; timely appeal has been taken, or in the circuit court exercising (11) Detention and shelter care hearings under Rule 11-112; and original jurisdiction, or on appeal or transfer from the District Court; or

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 THE JUDICIARY 665 (12) Any other proceeding in which, prior to the adoption of the rules in this Title, the court was traditionally not bound by the common-law rules of evidence. Committee note: The Rules in this Chapter are not intended to limit the Court of Appeals in defining the application of the rules of evidence in sentencing proceedings in capital cases or to override specific statutory provisions regarding the admissibility of evidence in those proceedings. See, for example, Tichnell v. State, 290 Md. 43 (1981); Code, Correctional Services Article, §6-112 (c). . . .

MARYLAND RULES OF PROCEDURE TITLE 15 - OTHER SPECIAL PROCEEDINGS CHAPTER 300 - HABEAS CORPUS

AMEND Rule 15-303, as follows:

Rule 15-303. PROCEDURE ON PETITION . . . (b) Bail (1) Pretrial If a petition by or on behalf of an individual who is confined prior to or during trial seeks a writ of habeas corpus for the purpose of determining admission to bail or the appropriateness of any bail set, the judge to whom the petition is directed may deny the petition without a hearing if a judge has previously determined the individual’s eligibility for pretrial release or the conditions for such release pursuant to Rule 4-216, [or] 4-216.1, or 4-216.2 and the petition raises no grounds sufficient to warrant issuance of the writ other than grounds that were raised when the earlier pretrial release determination was made. Cross reference: Rule 4-213 (c). (2) After Conviction (A) Except as otherwise provided in subsection (2)(B) of this section, if a petition by or on behalf of an individual confined as a result of a conviction pending sentencing or exhaustion of appellate review seeks a writ of habeas corpus for the purpose of determining admission to bail or the appropriateness of any bail set, the judge to whom the petition is directed may deny the writ and order that the petition be treated as a motion for release or for amendment of an order of release pursuant to Rule 4-349. Upon entry of the order, the judge shall transmit the petition, a certified copy of the order, and any other pertinent papers to the trial judge who presided at the proceeding as a result of which the individual was confined. Upon receiving of the transmittal, the trial judge shall proceed in accordance with Rule 4-349. (B) If a petition directed to a circuit court judge is filed by or on behalf of an individual confined as a result of a conviction in the District Court that has been appealed to a circuit court, the circuit court judge shall act on the petition and may not transmit or refer the petition to a District Court judge. . . . [14-12-33]

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 666 Regulatory Review and Evaluation Regulations promulgated under the Administrative Procedure Act will undergo a review by the promulgating agency in accordance with the Regulatory Review and Evaluation Act (State Government Article, §§10-130 — 10-139; COMAR 01.01.2003.20). This review will be documented in an evaluation report which will be submitted to the General Assembly’s Joint Committee on Administrative, Executive, and Legislative Review. The evaluation reports have been spread over an 8-year period (see COMAR 01.01.2003.20 for the schedule). Notice that an evaluation report is available for public inspection and comment will be published in this section of the Maryland Register.

Title 08 DEPARTMENT OF NATURAL RESOURCES Notice of Availability of Evaluation Report Pursuant to Executive Order 01.01.2003.20, Implementation of the Regulatory Review and Evaluation Act, notice is hereby given that the Evaluation Reports concerning COMAR 08.01 — 08.03 are available for public inspection and comment for a period of 60 days following the date of this notice. This report may reviewed at the Legislative Office, Department of Natural Resources, 580 Taylor Avenue, C-4, Annapolis, Maryland, 21401, Monday through Friday, 8:30 a.m. to 4:30 p.m., except holidays. Information may be obtained by contacting Richard Norling, Legislative Director, at 410-260-8112. [14-12-41]

Title 31 MARYLAND INSURANCE ADMINISTRATION Notice of Availability of Evaluation Report Pursuant to State Government Article, §10-135(b)(1), Annotated Code of Maryland, Regulatory Review and Evaluation Act, and Executive Order 01.01.2003.20, notice is hereby given that the Evaluation Reports regarding the following chapters are available for public inspection and comment for a period of 60 days following the date of this notice:

Subtitle 11 HEALTH INSURANCE — GROUP COMAR 31.11.02, 31.11.03, 31.11.04, 31.11.05, 31.11.07, 31.11.08, and 31.11.09

Subtitle 13 CREDIT LIFE AND CREDIT HEALTH INSURANCE COMAR 31.13.01, 31.13.02, and 31.13.03

Subtitle 14 LONG-TERM CARE COMAR 31.14.02

These reports may be reviewed by appointment at the Maryland Insurance Administration, 200 St. Paul Place, Suite 2700, Baltimore, MD 21202. Information and appointments may be obtained by contacting Katrina Lawhorn, Regulations Coordinator, at 410-468- 2450 or by email to [email protected]. [14-12-24]

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 667 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 08 Title 09 DEPARTMENT OF NATURAL DEPARTMENT OF LABOR, RESOURCES LICENSING, AND Subtitle 02 FISHERIES SERVICE REGULATION 08.02.05 Fish Subtitle 10 RACING COMMISSION Authority: Natural Resources Article, §4-2A-03, Annotated Code of Maryland 09.10.01 Thoroughbred Rules Notice of Final Action Authority: Business Regulation Article, §11-210, Annotated Code of [14-093-F] Maryland On June 3, 2014, the Secretary of Natural Resources adopted amendments to Regulation .07 under COMAR 08.02.05 Fish. This Notice of Final Action action, which was proposed for adoption in 41:8 Md. R. 476-477 [14-088-F] (April 18, 2014), has been adopted as proposed. On May 20, 2014, the Maryland Racing Commission adopted Effective Date: June 23, 2014. amendments to Regulation .49 under COMAR 09.10.01 Thoroughbred Rules. This action, which was proposed for adoption JOSEPH P. GILL in 41:7 Md. R. 424—425 (April 4, 2014), has been adopted as Secretary of Natural Resources proposed. Effective Date: June 23, 2014. Subtitle 18 BOATING—SPEED LIMITS J. MICHAEL HOPKINS Executive Director AND OPERATION OF VESSELS Maryland Racing Commission 08.18.22 Rhode River Authority: Natural Resources Article, §§8-703 and 8-704 [[and 8-725.2]], Annotated Code of Maryland Title 10 Notice of Final Action DEPARTMENT OF HEALTH [14-104-F] On June 3, 2014, the Secretary of Natural Resources adopted AND MENTAL HYGIENE amendments to Regulations .01—.03 under COMAR 08.18.22 Rhode River. This action, which was proposed for adoption in 41:8 Subtitle 09 MEDICAL CARE Md. R. 477—478 (April 18, 2014), has been adopted with the PROGRAMS nonsubstantive changes shown below. Effective Date: June 23, 2014. 10.09.02 Physicians’ Services Attorney General’s Certification Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, In accordance with State Government Article, §10-113, Annotated Annotated Code of Maryland Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The Notice of Final Action nature of the changes and the basis for this conclusion are as follows: [14-076-F] In the Authority line, Natural Resources Article, §8-725.2, On May 30, 2014, the Secretary of Health and Mental Hygiene Annotated Code of Maryland, should be removed, as it deals with the adopted amendments to Regulation .05 under COMAR 10.09.02 Severn River management plan. Physicians’ Services. This action, which was proposed for adoption JOSEPH P. GILL in 41:6 Md. R. 382—383 (March 21, 2014), has been adopted as Secretary of Natural Resources proposed. Effective Date: June 23, 2014. JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 FINAL ACTION ON REGULATIONS 668 Subtitle 12 ADULT HEALTH .13 Participant Rights. A. The adult day care center shall provide care for participants in 10.12.04 Day Care for the Elderly and Adults [[: (1) A]] a manner and in an environment that maintains or with a Medical Disability enhances each participant’s dignity and respect [[; and Authority: Health-General Article, §§2-104, 14-206, and 14-304; State (2) Full recognition of the participant’s individuality]]. Government Article, §10-226; Annotated Code of Maryland B.—C. (proposed text unchanged) Notice of Final Action JOSHUA M. SHARFSTEIN, M.D. [14-066-F] Secretary of Health and Mental Hygiene On May 21, 2014, the Secretary of Health and Mental Hygiene adopted the repeal in their entirety of existing Regulations .01—.52 and new Regulations .01—.53 under COMAR 10.12.04 Day Care Title 15 for the Elderly and Adults with a Medical Disability. This action, which was proposed for adoption in 41:3 Md. R. 220—236 (February DEPARTMENT OF 7, 2014), has been adopted with the nonsubstantive changes shown below. AGRICULTURE Effective Date: December 13, 2014. Attorney General’s Certification Subtitle 01 OFFICE OF THE In accordance with State Government Article, §10-113, Annotated SECRETARY Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The 15.01.10 Spay/Neuter Grant Program nature of the changes and the basis for this conclusion are as follows: Authority: Agriculture Article, §2-1601, Annotated Code of Maryland Regulation .02B(7): Language is deleted from the definition of “certified nursing assistant” because it gives the erroneous impression Notice of Final Action that an individual who is a certified nursing assistant may not also be [14-073-F] certified as a medication technician. On March 28, 2014, the Secretary of Agriculture adopted new Regulation .09C(10): Change is clarifying in nature. Regulations .01 ― .10 under a new chapter, COMAR 15.01.10 Regulation .11B(7): The words “on status” are deleted to clarify Spay/Neuter Grant Program. This action, which was proposed for that it is information on any existing advance directives that must be adoption in 41:6 Md. R. 393―395 (March 21, 2014), has been included in the health care provider’s preadmission assessment of the adopted with the nonsubstantive changes shown below. patient. Effective Date: June 23, 2014. Regulation .13A: Section A(1) and (2) is consolidated into one clause for clarity of language. Attorney General’s Certification In accordance with State Government Article, §10-113, Annotated .02 Definitions. Code of Maryland, the Attorney General certifies that the following A. (proposed text unchanged) changes do not differ substantively from the proposed text. The B. Terms Defined. nature of the changes and the basis for this conclusion are as follows: (1)—(6) (proposed text unchanged) Regulation .05C(2)(c): Language has been altered to conform to (7) “Certified Nursing Assistant (CNA)” means an individual statutory authority under Agriculture Article, §2-1602(f)(2)(iii)(2), who is [[: Annotated Code of Maryland, where the Department may approve a (a) Certified]] certified as a nursing assistant as defined in grant proposal that targets feral cat populations only if “this targeting Health Occupations Article, §8-6A, Annotated Code of Maryland [[; does not violate local law.” and (b) Who is not a certified medication technician]]. .05 Application Review and Approval. (8)—(42) (proposed text unchanged) A.—B. (proposed text unchanged) C. The Department shall rank applications based on the .09 Administration. following: A.—B. (proposed text unchanged) (1) (proposed text unchanged) C. Policies and Procedures. The governing body shall establish (2) In determining which projects to fund, the Department will policies and procedures for the center, including: consider: (1)—(9) (proposed text unchanged) (a)—(b) (proposed text unchanged) (10) [[That documents and accounts]] Documentation and (c) Whether [[or not the project conforms to local laws; accounting procedures for medications released into the community; including but not limited to local laws regarding feral cat (11)—(12) (proposed text unchanged) populations]] a proposal targeting feral cat populations violates D.—E. (proposed text unchanged) local law; (d)—(h) (proposed text unchanged) .11 Preadmission Assessment. A. (proposed text unchanged) MARY ELLEN SETTING B. Written Assessment. The health care provider’s assessment Deputy Secretary of Agriculture shall include: (1)—(6) (proposed text unchanged) (7) Information [[on status]] of advanced directives for health care; (8)—(11) (proposed text unchanged)

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 FINAL ACTION ON REGULATIONS 669 Title 26 Subtitle 10 HEALTH INSURANCE — DEPARTMENT OF THE GENERAL 31.10.40 Child Only Policies ENVIRONMENT Authority: Insurance Article, §§2-109(a)(1), 12-203(g), 12-209(4), and 15- Subtitle 03 WATER SUPPLY, 137, Annotated Code of Maryland Notice of Final Action SEWERAGE, SOLID WASTE, AND [14-083-F] POLLUTION CONTROL PLANNING On May 21, 2014, the Insurance Commissioner adopted the repeal of Regulations .01 — .08 under COMAR 31.10.40 Child Only AND FUNDING Policies. This action, which was proposed for adoption in 41:7 Md. 26.03.13 Bay Restoration Fund Implementation R. 441 (April 4, 2014), has been adopted as proposed. Effective Date: June 23, 2014. Authority: Environment Article, §9-1605.2, Annotated Code of Maryland THERESE M. GOLDSMITH Notice of Final Action Insurance Commissioner [14-080-F] On May 20, 2014, the Secretary of the Environment adopted amendments to Regulations .01, .03, and .04 under COMAR Subtitle 11 HEALTH INSURANCE — 26.03.13 Bay Restoration Fund Implementation. This action, GROUP which was proposed for adoption in 41:7 Md. R. 433—435 (April 4, 2014), has been adopted as proposed. 31.11.07 Small Employer Group Health Effective Date: June 23, 2014. Insurance — Self-Employed Individuals ROBERT M. SUMMERS, Ph.D. Authority: Insurance Article, §§2-109, 15-1201, 15-1203, 15-1206, 15-1209, Secretary of the Environment and 15-1210; Health-General Article, §19-706(i); Annotated Code of Maryland Notice of Final Action Title 31 [14-084-F] MARYLAND INSURANCE On May 20, 2014, the Insurance Commissioner adopted the repeal of existing Regulations .01— .06 under COMAR 31.11.07 Small ADMINISTRATION Employer Group Health Insurance — Self-Employed Individuals. This action, which was proposed for adoption in 41:7 Md. R. 441 (April 4, 2014), has been adopted as proposed. Subtitle 08 PROPERTY AND Effective Date: June 23, 2014. CASUALTY INSURANCE THERESE M. GOLDSMITH 31.08.13 Application of a Percentage Deductible Insurance Commissioner in the Case of a Hurricane or Other Storm Authority: Insurance Article, §§2-109 and 19-209, Annotated Code of Maryland Notice of Final Action [12-354-F] On May 30, 2014, the Insurance Commissioner adopted new Regulations .01 — .06 under a new chapter, COMAR 31.08.13 Application of a Percentage Deductible in the Case of a Hurricane or Other Storm. This action, which was proposed for adoption in 39:26 Md. R. 1674 —1676 (December 28, 2012) and reproposed in 40:25 Md. R. 2140 — 2141 (December 13, 2013), has been adopted as reproposed. Effective Date: June 23, 2014. THERESE M. GOLDSMITH Insurance Commissioner

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 FINAL ACTION ON REGULATIONS 670 Title 36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY Subtitle 03 GAMING PROVISIONS 36.03.07 Mandatory Exclusion Authority: State Government Article, §9-1A-24(d), Annotated Code of Maryland Notice of Final Action [14-085-F] On May 22, 2014, the Maryland Lottery and Gaming Control Agency adopted amendments to Regulations .03, .04, and .06 —.08 under COMAR 36.03.07, Mandatory Exclusion. This action, which was proposed for adoption in 41:07 Md. R. 442 (April 4, 2014), has been adopted as proposed. Effective Date: June 23, 2014. STEPHEN L. MARTINO Director State Lottery and Gaming Control Agency

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 671 Withdrawal of Regulations

Title 10 Title 36 DEPARTMENT OF HEALTH MARYLAND STATE AND MENTAL HYGIENE LOTTERY AND GAMING Subtitle 29 BOARD OF MORTICIANS CONTROL AGENCY AND FUNERAL DIRECTORS 10.29.03 Inspection of Funeral Establishments Subtitle 06 ELECTRONIC GAMING and Funeral Service Businesses DEVICES Authority: Health Occupations Article, §§7-101, 7-205, and 7-310, Annotated Notice of Withdrawal Code of Maryland Notice of Withdrawal [13-069-W] [13-132-W] Pursuant to State Government Article, §10-116(b), Annotated Pursuant to State Government Article, §10-116(b), Annotated Code of Maryland, notice is given that the proposal to adopt the Code of Maryland, notice is given that the proposal to amend following chapters under a new subtitle, Subtitle 06 Electronic Regulation .04under COMAR 10.29.03 Inspection of Funeral Gaming Devices, which was published in 40:4 Md. R. 381—391 Establishments and Funeral Service Businesses, which was (February 22, 2013), has been withdrawn by operation of law: published in 40:10 Md. R. 931(May 17, 2013), has been withdrawn (1) Regulations .01 — .03 under a new chapter, COMAR by operation of law. 36.06.01 General; (2) Regulations .01 and .02 under a new chapter, COMAR BRIAN MORRIS 36.06.02 Lawful and Unlawful Electronic Gaming Devices; Acting Administrator (3) Regulations .01 — .16 under a new chapter, COMAR Division of State Documents 36.06.03 Application and Licensing; (4) Regulations .01 — .05 under a new chapter, COMAR 36.06.04 General Requirements; and Title 23 (5) Regulations .01 — .10 under a new chapter, COMAR BOARD OF PUBLIC WORKS 36.06.05 Technical Standards. BRIAN MORRIS Acting Administrator Subtitle 03 PUBLIC SCHOOL Division of State Documents CONSTRUCTION 23.03.06 Indoor Environmental Quality Standard Authority: Education Article, §5-301(b-1), Annotated Code of Maryland Notice of Withdrawal [13-141-W-I] Pursuant to State Government Article, §10-116(b), Annotated Code of Maryland, notice is given that the proposal to adopt new Regulations .01—.04 under a new chapter, COMAR 23.03.06 Indoor Environmental Quality Standard, which was published in 40:11 Md. R. 1000—1001(May 31, 2013), has been withdrawn by operation of law. BRIAN MORRIS Acting Administrator Division of State Documents

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 672 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.

Title 05 Comparison to Federal Standards There is no corresponding federal standard to this proposed action. DEPARTMENT OF HOUSING Estimate of Economic Impact I. Summary of Economic Impact. The proposed action alters the AND COMMUNITY interest rate necessary for a loan to qualify under the original Linked Deposit Program for Minority Businesses and the recently established DEVELOPMENT Linked Deposit Program for Small Businesses. The action also alters under what conditions the Treasurer may make an interest-bearing Subtitle 13 NEIGHBORHOOD deposit in a financial institution under both programs by authorizing BUSINESS DEVELOPMENT the Treasury to use Certificate of Deposit Account Registry Service (CDARS). These changes are intended to encourage lender 05.13.05 Linked Deposit Program participation in the program. Small and minority businesses will benefit from increased access to loan capital and increased lender Authority: State Finance and Procurement Article, §§6-211 and 6-212, participation. Depending on market conditions, these changes may Annotated Code of Maryland also result in the Treasurer accepting a lower interest rate for Notice of Proposed Action certificates of deposit at participating financial institutions for loans [14-167-P] enrolled in the program, resulting in reduced interest income. Local governments may benefit from increased lending to small businesses, The Secretary of Housing and Community Development proposes resulting in increased local revenue. The public will benefit from to amend Regulations .01—.05 and .08 under COMAR 05.13.05 improved access to products and services provided by businesses Linked Deposit Program. receiving financing under the Linked Deposit Program. Statement of Purpose The purpose of this action is to implement Ch. 345, Acts of 2013, Revenue (R+/R-) by: altering the interest rate necessary for a loan to qualify under the II. Types of Economic Expenditure original Linked Deposit Program for Minority Businesses and the Impact. (E+/E-) Magnitude recently established Linked Deposit Program for Small Businesses. Ch. 345 also altered under what conditions the Treasurer may make an interest-bearing deposit in a financial institution under both A. On issuing agency: NONE programs by authorizing the Treasury to use Certificate of Deposit B. On other State Account Registry Service (CDARS). The statutory changes, and agencies: (R-) Indeterminable proposed changes to regulation, implement the recommendations of a C. On local governments: (R+) Indeterminable Linked Deposit Workgroup of public and private industry stakeholders convened in the fall of 2012 by The Maryland Department of Housing and Community Development (DHCD) at the Benefit (+) request of the Senate Finance Committee. The Workgroup Cost (-) Magnitude recommendations are intended to reduce barriers to the effective use of the Minority Business Enterprise Linked Deposit program and increasing lender participation. D. On regulated industries or trade groups: NONE

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 673 E. On other industries or (4) Is made to a certified minority business enterprise or a trade groups: NONE small business that will use the proceeds for a project or activity F. Direct and indirect primarily located in Maryland; (5) Has an interest rate that is [at least 2 percentage points effects on public: (+) Indeterminable below] lower than the interest rate the financial institution would III. Assumptions. (Identified by Impact Letter and Number from charge for a loan for a similar purpose and term by at least: Section II.) (a) 2 percentage points; or B. The proposed action alters the interest rate necessary for a loan (b) The difference between the financial institution’s rate on to qualify under the original Linked Deposit Program for Minority a 60-month certificate of deposit and the interest rate acceptable to Businesses and the recently established Linked Deposit Program for the Treasurer’s Office for its deposits; Small Businesses. The action also alters under what conditions the (6) — (8) (text unchanged) Treasurer may make an interest-bearing deposit in a financial B. (text unchanged) institution under both programs by authorizing the Treasury to use Certificate of Deposit Account Registry Service (CDARS). These .04 Program Eligibility. changes are intended to encourage lender participation in the A. To be eligible to receive a Program loan, an applicant shall be a program. Small and minority businesses will benefit from increased certified minority business enterprise or a small business. access to loan capital and increased lender participation. Depending B. (text unchanged) on market conditions, these changes may also result in the Treasurer .05 Initial Loan Application. accepting a lower interest rate for certificates of deposit at A. (text unchanged) participating financial institutions for loans enrolled in the program, B. For an application submitted directly to a financial institution resulting in reduced interest income. under §A(1) of this regulation, the following procedures apply: C. Local governments may benefit from increased lending to small (1) — (2) (text unchanged) businesses, resulting in increased local revenue. (3) After receipt of a completed application, the Department F. The public will benefit from improved access to products and shall either: services provided by businesses receiving financing under the Linked (a) Confirm that the applicant is a certified minority Deposit Program. business enterprise or a small business and notify the applicant and the financial institution in writing that the applicant meets the Economic Impact on Small Businesses program requirement that it be a certified minority business The proposed action has a meaningful economic impact on small enterprise or a small business; or business. An analysis of this economic impact follows. (b) Notify the applicant and the financial institution in The proposed regulations are intended to increase lender writing that the application has been denied because the applicant is participation in the Linked Deposit Program, while providing not a certified minority business enterprise or a small business. borrowers with loans at a lower interest rate than the lender would C. For an application submitted to the Department under §A(2) of charge for a loan with a similar purpose. this regulation, the following procedures apply: (1) — (2) (text unchanged) Impact on Individuals with Disabilities (3) After the receipt of a completed application, the Department The proposed action has no impact on individuals with disabilities. shall either: Opportunity for Public Comment (a) Confirm that the applicant is a certified minority Comments may be sent to John Papagni, Program Officer, Division of business enterprise or a small business; or Neighborhood Revitalization, Department of Housing and Community (b) Notify the applicant in writing if its application has been Development, 100 Community Place, Crownsville, MD 21032, or call denied because it is not a certified minority business enterprise or a 410-209-5807, or email to [email protected], or fax to 410-685- small business; and 8270. Comments will be accepted through July 14, 2014. A public (4) If the Department confirms that the applicant is a certified hearing has not been scheduled. minority business enterprise or a small business, the Department shall provide: .01 Purpose. (a) — (b) (text unchanged) This chapter provides policies and procedures for the Department to certify and enroll loans from financial institutions to eligible .08 Maintaining Certified Minority Business or Small Business minority business enterprises and small businesses under the Linked Status. Deposit Program, established pursuant to the State Finance and A. A borrower that receives a Program loan shall maintain its Procurement Article, [§6-211] §§6-211 and 6-212, Annotated Code status as a certified minority business enterprise or a small business of Maryland. for the term of the Program loan. B. The Department shall notify the Treasurer’s Office in writing if .02 Definitions. the borrower is decertified as a minority business enterprise or no A. (text unchanged) longer meets the definition of a small business for any reason during B. Terms Defined. the term of the Program loan. (1) — (6) (text unchanged) C. If a borrower is decertified as a minority business enterprise or (7) “Small business” means a business that is qualified under disqualified as a small business during the term of the Program loan State Finance and Procurement Article, Title 14, Subtitle 5, and upon written notification: Annotated Code of Maryland. (1) (text unchanged) [(7)] (8) (text unchanged) (2) [The] If permitted by the loan documents, the financial institution may increase the interest rate of the Program loan by the .03 Eligible Loans. lesser of: A. A loan is eligible under the Program if the loan: (a) 2 percent [if permitted by the loan documents.]; or (1) — (3) (text unchanged)

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 674

(b) The difference between the financial institution’s rate on a 60-month certificate of deposit and the interest rate acceptable to Revenue (R+/R-) the Treasurer’s Office for its deposits, as determined as of the date II. Types of Economic Expenditure Magnitude that the loan closed. Impact. (E+/E-) D. A minority business enterprise that loses its certification or a small business that no longer qualifies as a small business due to A. On issuing agency: NONE revenue or employee growth may not be considered decertified for purposes of this regulation. B. On other State NONE RAYMOND A. SKINNER agencies: Secretary of Housing and Community Development C. On local governments: (R+) Indeterminable

Benefit (+) Subtitle 14 NEIGHBORHOOD AND Magnitude Cost (-) COMMUNITY ASSISTANCE

PROGRAM D. On regulated industries NONE 05.14.01 Community Investment Tax Credit or trade groups: Program E. On other industries or trade groups: (1) Nonprofit (+) Indeterminable Authority: Housing and Community Development Article, Title 6, Subtitle 4, organizations Annotated Code of Maryland (2) Donating (+) Indeterminable Notice of Proposed Action businesses [14-166-P] F. Direct and indirect (+) Indeterminable The Secretary of Housing and Community Development proposes effects on public: to amend Regulations .03, .05, and .06 under COMAR 05.14.01 III. Assumptions. (Identified by Impact Letter and Number from Community Investment Tax Credit Program. Section II.) Statement of Purpose C. Local governments will benefit from expanded programs, The purpose of this action is to implement Ch. 82, Acts of 2013, services, and local investment by nonprofit organizations. by: (1) increasing the maximum sum of contributions for specified E(1). The changes will increase the program’s capacity to respond projects under the Neighborhood and Community Assistance to demand for tax credits by nonprofit organizations and for nonprofit Program that are eligible for a specified tax credit from $2,000,000 to organizations receiving the credits to deliver programs and services $3,500,000; and (2) authorizing the Department of Housing and Community Development to give preference to a proposal for a locally. specified project that benefits a neighborhood conservation area that E(2). Donating individuals and businesses will benefit from access is designated in coordination with the Department’s Neighborhood to a larger pool of tax credits available for approved projects for and Community Assistance Program. donations. F. The public will benefit from expanded programs, services, and Comparison to Federal Standards local investment by nonprofit organizations. There is no corresponding federal standard to this proposed action. Estimate of Economic Impact Economic Impact on Small Businesses I. Summary of Economic Impact. The proposed action The proposed action has a meaningful economic impact on small implements Ch. 82, Acts of 2013, by: (1) Increasing the maximum business. An analysis of this economic impact follows. sum of contributions for specified projects under the Neighborhood Small businesses will benefit from the proposed action. The action and Community Assistance Program that are eligible for a specified will assist businesses that make charitable contributions in reducing tax credit from $2,000,000 to $3,500,000; and (2) authorizing the their Maryland tax liability while improving community relations, Department of Housing and Community Development to give increasing their own visibility and supporting local projects. preference to a proposal for a specified project that benefits a Businesses donating to nonprofit organizations that have received an neighborhood conservation area that is designated in coordination allocation of tax credits will benefit from a larger pool of tax credits with the Department’s Neighborhood and Community Assistance available for approved projects. Program. The changes will increase the program’s capacity to Impact on Individuals with Disabilities respond to demand for tax credits by nonprofit organizations and for The proposed action has no impact on individuals with disabilities. nonprofit organizations receiving the credits to deliver programs and services locally. The additional allocation of tax credits and increased Opportunity for Public Comment program activity can be administered with existing staff and program Comments may be sent to John Papagni, Program Officer, Division of resources. Local governments and the public will benefit from Neighborhood Revitalization, Department of Housing and Community expanded programs, services, and local investment by nonprofit Development, 100 Community Place, Crownsville, MD 21032, or call organizations. Donating individuals and businesses will benefit from 410-209-5807, or email to [email protected], or fax to 410-685- access to a larger pool of tax credits available for approved projects 8270. Comments will be accepted through July 14, 2014. A public for donations. hearing has not been scheduled. .03 Definitions. A. (text unchanged)

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 675 B. Terms Defined. (1) — (5) (text unchanged) Title 08 (6) [“Designated revitalization area” means a designated neighborhood under Housing and Community Development Article, DEPARTMENT OF NATURAL §6-301(a), Annotated Code of Maryland.] “Designated neighborhood conservation area” means a geographically defined area that has RESOURCES been designated a neighborhood conservation area under COMAR 05.17.03. Subtitle 03 WILDLIFE (6-1) — (14) (text unchanged) (15) “Sustainable community” means the part of a priority 08.03.03 Open Seasons, Bag Limits for Game funding area that: Birds and Game Animals (a) Has been designated as a sustainable community in accordance with COMAR 05.17.02; Authority: Natural Resources Article, §§10-205, 10-405, and 10-406, (b) Has been designated as a BRAC Revitalization and Annotated Code of Maryland Incentive Zone under Economic Development Article, Title 5, Subtitle Notice of Proposed Action 13, Annotated Code of Maryland; or [14-140-P] (c) Has been designated as a transit-oriented development The Secretary of Natural Resources proposes to repeal existing under Transportation Article, §7-101, Annotated Code of Maryland. Regulations .03, .04, .05, .07, and .08 and adopt new Regulations .03, .05 Project Proposals and Processing. .04, .05, .07, and .08 under COMAR 08.03.03 Open Seasons, Bag A. (text unchanged) Limits for Game Birds and Game Animals. B. Forms and Documentation. A project proposal shall be made on Statement of Purpose standard forms provided by the Program and shall include: The purpose of this action is to establish the season dates and bag (1) — (3) (text unchanged) limits for the 2014—2015 and 2015—2016 hunting seasons for forest (4) The priority funding area benefited by the project, together game, upland game, fur-bearing mammals, white-tailed deer, and sika with a statement whether the priority funding area includes, in whole deer. For forest game, the bear season has been changed to a 4-day or in part, [any designated revitalization area] a sustainable season instead of the previous approach of closing the season once a community or a designated neighborhood conservation area; certain harvest level is reached. Also, a new 3-day winter wild turkey (5) — (11) (text unchanged) season has been established. For upland game, the seasons and bag C. (text unchanged) limits are similar to the past two hunting seasons. For fur-bearing .06 Project Review and Selection Procedures. mammals, the bag limits are unchanged but the season length has A. — C. (text unchanged) been extended for trapping red and gray foxes. The trapping seasons D. Minimum and Maximum Amounts of Tax Credits. for coyotes, fishers, long-tailed weasels, and skunks have also been (1) (text unchanged) extended to allow these seasons to occur concurrently with other (2) The sum of contributions eligible for tax credits for all terrestrial furbearers. The beaver and otter seasons have been projects approved for each State fiscal year may not exceed changed to open 2 weeks earlier in Allegany and Garrett counties to [$2,000,000] $3,500,000. allow trapping access prior to extensive ice cover on waterways. For E. (text unchanged) white-tailed deer, no more than two antlered deer taken during the F. Selection. entire deer hunting season may have two or less points per antler. The (1) – (5) (text unchanged) bag limit has also been reduced for antlerless deer in Deer (6) In approving or disapproving a proposal, and in determining Management Region A (western Maryland) from three to two per the maximum amount of contributions to an approved project that year. The bag limit for sika deer has been increased from two to three will be eligible for tax credits, the Secretary may give preference to a for each weapon season (archery, muzzleloader and firearm) with the proposal that benefits a [designated revitalization area] sustainable bag limit no longer limited during the early portion of the community or a neighborhood conservation area. muzzleloader season. G. (text unchanged) Comparison to Federal Standards RAYMOND A. SKINNER There is no corresponding federal standard to this proposed action. Secretary of Housing and Community Development Estimate of Economic Impact I. Summary of Economic Impact. These regulations will allow for the continuation of hunting for the next two seasons, which will result in the continued expenditures by hunters for equipment and travel expenses. It is estimated that hunters spend over $250,000,000 annually in Maryland.

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

A. On issuing agency: NONE B. On other State agencies: NONE

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 676 C. On local spent in 2011. A survey of hunters in Maryland estimated that governments: NONE hunting-related expenditures in 2011 were $264,000,000.

Economic Impact on Small Businesses Benefit (+) The proposed action has a meaningful economic impact on small Cost (-) Magnitude business. An analysis of this economic impact follows. These regulations will allow for the continuation of hunting for the

next two seasons, which will result in the continued expenditures by D. On regulated hunters for equipment and travel expenses. It is estimated that hunters industries or trade spend over $250,000,000 annually in Maryland. groups: Hunting Impact on Individuals with Disabilities equipment and travel Continued expenditure of The proposed action has no impact on individuals with disabilities. expenses (+) $250,000,000 annually Opportunity for Public Comment E. On other industries Comments may be sent to Peter Jayne, Associate Director, or trade groups: NONE Wildlife and Heritage Service, Department of Natural Resources, F. Direct and indirect P.O. Box 68, Wye Mills, MD 21679, or call 410-827-8612, or email effects on public: NONE to [email protected], or fax to 410-827-5186. Comments will be accepted through July 14, 2014. A public hearing has not been III. Assumptions. (Identified by Impact Letter and Number from scheduled. Section II.) D. Hunters will continue to spend at similar levels to what was

______

.03 Forest Game. Possession Species Open Season Location Bag Limits Limit

A. Black bear (permit October 20, 2014 — October 23, 2014 In Allegany and 1 per day with no 1 per season required) October 26, 2015 — October 29, 2015 Garrett counties more than 1 per with no more permitted bear than 1 per hunting team permitted bear hunting team

B. Ruffed grouse

(1) In General October 4, 2014 — January 31, 2015 In all counties 2 per day 4 October 3, 2015 — January 31, 2016

(2) Hunting with the aid of October 1, 2014 — March 31, 2015 In all counties 2 per day 4 raptors and a falconry permit October 1, 2015 — March 31, 2016

C. Squirrels

(1) Gray, black, and eastern fox squirrel — total

(a) In General September 6, 2014 — February 28, 2015 In all counties 6 per day 12 September 5, 2015 — February 29, 2016

(b) Hunting with the aid of September 1, 2014 — March 31, 2015 In all counties 6 per day 12 raptors and a falconry permit September 1, 2015 — March 31, 2016

(2) Red or piney squirrel

(a) In General September 6, 2014 — February 28, 2015 In all counties No limit No limit September 5, 2015 — February 29, 2016

(b) Hunting with the aid of September 1, 2014 — March 31, 2015 In all counties No limit No limit raptors and a falconry permit September 1, 2015 — March 31, 2016

(3) Delmarva fox squirrel Closed season — endangered species In all counties

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 677

D. Wild turkey

(1) Fall season — either sex November 1, 2014 — November 8, 2014 Allegany, 1 turkey per 1 turkey per October 31, 2015 — November 7, 2015 Garrett, and season fall/winter Washington season combined counties only

(2) Winter season – either January 22, 2015 — January 24, 2015 In all counties 1 turkey per sex January 21, 2016 — January 23, 2016 season provided none was taken in the fall season

(3) Spring season April 11, 2015— April 12, 2015 (Junior Hunt) In all counties, 1 bearded turkey 2 bearded April 16, 2016— April 17, 2016(Junior Hunt) subject to per day turkeys per April 18, 2015 — May 23, 2015 COMAR spring season April 18, 2016 — May 23, 2016 08.03.03.01D Subject to COMAR 08.03.03.01D

.04 Upland Game. Species Open Season Location Bag Limits Possession Limit

A. Crow August 15 — March 15, hunting allowed Wednesday, In all counties No limit No limit Thursday, Friday, and Saturday only

B. Pheasant

(1) In general, male only November 1, 2014— December 31, 2014 In all counties 1 per day 2 November 7, 2015 — December 31, 2015

(2) Hunting with the aid November 1, 2014 — March 31, 2015 In all counties 1 per day (either 2 of raptors and a falconry November 1, 2015 — March 31, 2016 sex) permit

C. Quail

(1) Western Zone – November 1, 2014 — January 15, 2015 In that portion of the 6 per day, no 12 in all Private Land November 7, 2015 — January 15, 2016 State west of I-83 from more than 3 per counties and the Pennsylvania line day on lands zones south to I-695 to I-95 owned or combined south to the Virginia managed by line, excluding DNR Allegany and Garrett counties

(2) Eastern Zone – November 1, 2014 — February 14, 2015 In that portion of the Private Land November 7, 2015 — February 15, 2016 State east of I-83 from the Pennsylvania line south to I-695 to I-95 south to the Virginia line

(3) Lands owned or November 1, 2014— January 15, 2015 In all counties, managed by DNR November 7, 2015 — January 15, 2016 excluding Allegany and Garrett counties

(4) Allegany and Garrett Closed season In Allegany and 0 0 counties Garrett counties

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 678

(5) Hunting with the aid November 1, 2014 — March 31, 2015 In all counties 4 per day 8 of raptors and a falconry November 1, 2015 — March 31, 2016 permit

D. Rabbits

(1) Eastern Cottontail Rabbit

(a) In general November 1, 2014 — February 28, 2015 In all counties 4 per day 8 November 7, 2015 — February 29, 2016

(b) Hunting with the November 1, 2014 — March 31, 2015 In all counties 4 per day 8 aid of raptors and a November 1, 2015 — March 31, 2016 falconry permit

(2) Snowshoe hare Closed season In all counties 0 0

E. Woodchuck August 1 — July 31 In all counties No limit No limit

.05 Fur-Bearing Mammals. Possession Species Open Season Location Bag Limits Limit

A. Beaver (closed to nonresidents)

(1) In general December 15, 2014 — March 16, 2015 In all counties, except Garrett No limit No limit December 15, 2015 — March 15, 2016 and Allegany counties

(2) Allegany and December 1, 2014 — March 16, 2015 In Allegany and Garrett No limit No limit Garrett counties December 1, 2015 — March 15, 2016 counties

B. Bobcat Closed season In all counties 0 0

C. Coyote

(1) Firearms, August 1 — July 31 In all counties No limit No limit bow and crossbow (May be hunted from ½ hour before sunrise to ½ hour after sunset)

October 15, 2014 — March 16, 2015 In all counties No limit No limit October 15, 2015 — March 15, 2016 (May be hunted from sunset to sunrise only)

(2) Trapping November 1, 2014— February 2, 2015 In that portion of the State west No limit No limit October 31, 2015 — February 1, 2016 of the Chesapeake Bay and Susquehanna River

November 15, 2014 — February 16, 2015 In that portion of the State east No limit No limit November 14, 2015 — February 13, 2016 of the Chesapeake Bay and Susquehanna River

D. Fisher November 1, 2014 — February 2, 2015 In all counties 2 per day 2 per season October 31, 2015 — February 1, 2016

E. Fox (red and November 1, 2014 — February 2, 2015 In Allegany, Anne Arundel, No limit No limit gray) — firearms, October 31, 2015 — February 1, 2016 Baltimore, Calvert, Carroll, bow, crossbow and Frederick, Garrett, Harford, trapping Howard, Montgomery, Prince George’s, St. Mary’s, and Washington counties

November 15, 2014 — February 16, 2015 In Caroline, Cecil, Kent, Queen No limit No limit November 14, 2015 — February 13, 2016 Anne’s, Somerset, Talbot, Wicomico, and Worcester counties

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 679

August 1 — July 31 In Charles and Dorchester No limit No limit counties

F. Muskrat and November 15, 2014 — February 14, 2015 In Allegany, Carroll, Frederick, No limit No limit mink November 16, 2015 — February 15, 2016 Garrett, Howard, and Washington counties

December 15, 2014 — March 14, 2015 In Baltimore, Cecil, Harford, No limit No limit December 15, 2015 — March 15, 2016 Kent, Queen Anne’s, Somerset, and Worcester counties

January 1, 2015 — March 14, 2015 In Anne Arundel, Calvert, No limit No limit January 1, 2016 — March 15, 2016 Caroline, Charles, Dorchester, Montgomery, Prince George’s, St. Mary’s, Talbot, and Wicomico counties

G. Nutria August 1 — July 31 In all counties No limit No limit

H. Otter (closed to nonresidents)

(1) In general December 15, 2014 — March 16, 2015 In Carroll, Frederick, Howard, 2 per day 2 per season December 15, 2015 — March 15, 2016 Montgomery, and Washington counties

In all other counties, except 10 per day 10 per season Allegany and Garrett counties

(2) Allegany and December 1, 2014 — March 16, 2015 In Allegany and Garrett 1 per day 1 per season Garrett counties December 1, 2015 — March 15, 2016 counties

I. Raccoon and Opossum

(1) Chasing — no August 1 — October 14 In all counties kill March 16 — July 31

(2) Firearms, October 15, 2014 — March 14, 2015 In all counties No limit No limit bow, crossbow and October 15, 2015 — March 15, 2016 dog (May be hunted from sunset to sunrise only)

(3) Trapping November 1, 2014 — March 16, 2015 In that portion of the State west No limit No limit October 31, 2015 — March 15, 2016 of the Chesapeake Bay and Susquehanna River

November 15, 2014 — March 16, 2015 In that portion of the State east No limit No limit November 14, 2015 — March 15, 2016 of the Chesapeake Bay and Susquehanna River

J. Skunk November 1, 2014 — March 16, 2015 In that portion of the State west No limit No limit October 31, 2015 — March 15, 2016 of the Chesapeake Bay and Susquehanna River

November 15, 2014 — March 16, 2015 In that portion of the State east No limit No limit November 14, 2015 — March 15, 2016 of the Chesapeake Bay and Susquehanna River

November 1, 2014— February 2, 2015 In that portion of the State west No limit No limit K. Weasel (Long- October 31, 2015 — February 1, 2016 of the Chesapeake Bay and tailed only) Susquehanna River

November 15, 2014 — February 16, 2015 In that portion of the State east No limit No limit November 14, 2015 — February 13, 2016 of the Chesapeake Bay and Susquehanna River

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 680

.07 White-Tailed Deer. A. The following lands are owned or controlled by the Department in Region A: (1) Billmeyer—Belle Grove; WMA; (2) Cunningham Swamp WMA; (3) Dan’s Mountain WMA; (4) Deep Creek Lake State Park (designated areas only); (5) Green Ridge State Forest; (6) Indian Springs WMA; (7) Mount Nebo WMA; (8) Potomac—Garrett State Forest; (9) Prather’s Neck WMA; (10) Rocky Gap State Park (designated areas only); (11) Savage River State Forest; (12) Sideling Hill WMA; (13) Warrior Mountain WMA; (14) Woodmont; (15) Youghiogheny Reservoir CWMA; and (16) Youghiogheny Scenic Wild River.

Season Dates, subject to COMAR 08.03.03.01D Season Bag Limits

B. Antlered.

(1) Bow Season.

(a) Region A.

January 9, 2015—January 10, 2015 1 antlered January 8, 2016—January 9, 2016

(b) All lands.

September 5, 2014—October 15, 2014 October 19, 2014—November 28, 2014 December 15, 2014—December 19, 2014 January 5, 2015—January 8, 2015 January 12, 2015—January 31, 2015

September 11, 2015—October 21, 2015 October 25, 2015—November 27, 2015 December 14, 2015—December 18, 2015 January 4, 2016—January 7, 2016 January 11, 2016—January 30, 2016

(2) Muzzleloader Season.

October 16, 2014—October 18, 2014 1 antlered, except during the October December 20, 2014—January 3, 2015 segment in Region A, a total of 1 deer, October 22, 2015—October 24, 2015 antlered or antlerless may be taken. December 19, 2015—January 2, 2016

(3) Firearms Season.

(a) Region B. 1 antlered

January 9, 2015—January 11, 2015

January 8, 2016—January 10, 2016

(b) All lands.

November 29, 2014— December 13, 2014 November 28, 2015— December 12, 2015

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 681

(4) All seasons combined.

(a) No more than two antlered deer having less than three antler points one inch or longer on each antler present may be taken per license year.

(b) One additional Bonus antlered deer may be taken per license year in Region B only, for all seasons combined subject to §E of this regulation .

C. Antlerless.

(1) Region A.

(a) Bow Season.

September 5, 2014—October 15, 2014 1 antlerless October 19, 2014—November 28, 2014 December 15, 2014—December 19, 2014 January 5, 2015—January 31, 2015

September 11, 2015—October 21, 2015 October 25, 2015—November 27, 2015 December 14, 2015—December 18, 2015 January 4, 2016—January 30, 2016

(b) Muzzleloader Season.

(i) Lands owned or controlled by the Department. 1 antlerless, except during the October segment, a total of only 1 deer, antlered or January 3, 2015 antlerless may be taken. January 2, 2016

(ii) Other lands.

October 16, 2014—October 18, 2014 January 1, 2015 — January 3, 2015 October 22, 2015—October 24, 2015 December 31, 2015 — January 2, 2016

(c) Firearms Season.

(i) Lands owned or controlled by the Department. 1 antlerless

December 13, 2014 December 12, 2015

(ii) Other lands.

December 12, 2014—December 13, 2014 December 11, 2015—December 12, 2015

(d) All seasons combined.

No more than 2 antlerless deer may be taken in Region A per license year with any

combination of bow, muzzleloader, and firearms bag limits.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 682

(2) Region B.

(a) Bow Season.

September 5, 2014—October 15, 2014 No limit for antlerless deer October 19, 2014—November 28, 2014 December 15, 2014—December 19, 2014 January 5, 2015—January 8, 2015 January 12, 2015—January 31, 2015 September 11, 2015—October 21, 2015 October 25, 2015—November 27, 2015 December 14, 2015—December 18, 2015 January 4, 2016—January 7, 2016 January 11, 2016—January 30, 2016

(b) Muzzleloader Season.

October 16, 2014—October 25, 2014 10 antlerless December 20, 2014— January 3, 2015 October 22, 2015—October 31, 2015 December 19, 2015— January 2, 2016

(c) Firearms Season.

November 29, 2014—December 13, 2014 10 antlerless January 9, 2015—January 11, 2015 November 28, 2015—December 12, 2015 January 8, 2016—January 10, 2016

D. Junior Deer Hunt.

(1) Region A.

Antlered or antlerless November 15, 2014—November 16, 2014 1 deer November 14, 2015—November 15, 2015

(2) Region B.

Antlered or antlerless November 15, 2014—November 16, 2014 3 deer, no more than 1 antlered November 14, 2015—November 15, 2015

E. A hunter may only harvest two antlered deer per license year, including the Bonus antlered deer, that have antlers with less than three antler points one inch or longer on each antler. F. Bonus Antlered Deer Stamp (1) Before taking a Bonus antlered deer, hunters must first purchase a Bonus Antlered Deer Stamp and harvest two antlerless deer in Region B in any weapon season. (2) Persons exempt from needing a hunting license under Annotated Code of Maryland, Natural Resources Article § 10-301(c) do not need to purchase a Bonus Antlered Deer Stamp but must harvest two antlerless deer in Region B in any weapon season, prior to taking a Bonus antlered deer. (3) One Bonus antlered deer may be taken per license year, for all seasons combined. (4) A Bonus antlered deer may only be taken in Region B. (5) The Bonus antlered deer may be taken in any weapon season except the October muzzleloader season.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 683

.08 Sika Deer. A. Sika deer may only be hunted in Caroline, Dorchester, Somerset, Talbot, Wicomico, and Worcester counties. Species Season Dates, subject to COMAR 08.03.03.01D Season Bag Limits

B. Bow Season.

Antlered or antlerless September 5, 2014—October 15, 2014 3 deer, no more than 1 antlered October 19, 2014—November 28, 2014 December 15, 2014—December 19, 2014 January 5, 2015—January 8, 2015 January 12, 2015—January 31, 2015 September 11, 2015—October 21, 2015 October 25, 2015—November 27, 2015 December 14, 2015—December 18, 2015 January 4, 2016—January 7, 2016 January 11, 2016—January 30, 2016

C. Muzzleloader Season.

(1) Antlered or antlerless October 16, 2014 — October 18, 2014 3 deer, no more than 1 antlered October 22, 2015 — October 24, 2015

(2) Antlerless October 20, 2014 — October 25, 2014 October 26, 2015 — October 31, 2015

(3) Antlered or antlerless December 20, 2014 — January 3, 2015 December 19, 2015 — January 2, 2016

D. Firearms Season.

Antlered or antlerless November 29, 2014—December 13, 2014 3 deer, no more than 1 antlered January 9, 2015—January 11, 2015 November 28, 2015—December 12, 2015 January 8, 2016—January 10, 2016

E. Junior Deer Hunt.

Antlered or antlerless November 15, 2014—November 16, 2014 1 antlered or 1 antlerless November 14, 2015—November 15, 2015

JOSEPH P. GILL Secretary of Natural Resources ______

held on April 15, 2014, notice of which was given by publication in Title 09 41:6 Md. R. 407 (March 21, 2014), pursuant to State Government DEPARTMENT OF LABOR, Article, §10-506(c), Annotated Code of Maryland. Statement of Purpose LICENSING, AND The purpose of this action is to allow the Maryland Racing Commission to issue multi-year licenses to standardbred owners, REGULATION trainers, and drivers at the same annual cost as the current 1-year licenses. Subtitle 10 RACING COMMISSION Comparison to Federal Standards 09.10.02 Harness Racing There is no corresponding federal standard to this proposed action. Estimate of Economic Impact Authority: Business Regulation Article, §11-210, Annotated Code of The proposed action has no economic impact. Maryland Economic Impact on Small Businesses Notice of Proposed Action The proposed action has minimal or no economic impact on small [14-162-P] businesses. The Maryland Racing Commission proposes to amend Regulation .19 under COMAR 09.10.02 Harness Racing. This action was Impact on Individuals with Disabilities considered by the Maryland Racing Commission at a public meeting The proposed action has no impact on individuals with disabilities.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 684 Opportunity for Public Comment fee will be imposed on perfusionists to offset the cost of these Comments may be sent to J. Michael Hopkins, Executive Director, services. Maryland Racing Commission, 300 East Towsontown Boulevard, Towson, MD 21286, or call 410-296-9682, or email to Revenue (R+/R-) [email protected], or fax to 410-296-9687. Comments II. Types of Economic Expenditure will be accepted through September 12, 2014. A public hearing has Impact. (E+/E-) Magnitude not been scheduled.

Open Meeting A. On issuing agency: (R+) $18,900 Final action on the proposal will be considered by the Maryland (E+) $41,076 Racing Commission during a public meeting to be held on September 16, 2014, at 12:30 p.m., at Laurel Park, Laurel, Md. 20725. B. On other State agencies: NONE .19 Licenses and Registrations. C. On local governments: NONE A. The following persons are required to take out a license from, or register with, the Commission, and the annual fee is as follows: (1) — (2) (text unchanged) Benefit (+) B. (text unchanged) Cost (-) Magnitude C. License and Registration Expiration. (1) A license or registration issued under §A(1)(a)—(d) or [§A](2) of this regulation shall expire on December 31 of the final D. On regulated year for which it was issued. industries or trade groups: (-) $18,900 (2) (text unchanged) E. On other industries or J. MICHAEL HOPKINS trade groups: NONE Executive Director F. Direct and indirect effects on public: (+) Unquantifiable III. Assumptions. (Identified by Impact Letter and Number from Title 10 Section II.) A(1) and D. Income results from initial applications for an DEPARTMENT OF HEALTH estimated 63 perfusionists who are already certified by the national organization and practicing in Maryland. Initial licensing fee is $300 AND MENTAL HYGIENE (for a 2-year period). 63 × $300 = $18,900 Subtitle 32 BOARD OF PHYSICIANS Renewals and reinstatements will not occur during the initial phase of implementing licensure since initial licenses will cover a 2- 10.32.20 Licensure of Perfusionists year period. Authority: Health Occupations Article, §§1-221, 1-606, 14-205, 14-5E-01— A(2). Staff time will be needed to support this program, including 14-5E-18, 14-5E-19, 14-5E-20, and 14-5E-23, Annotated Code of Maryland preparing documents for use by the program, reviewing applications Notice of Proposed Action for licensure, verifying information of the applications, contacting applicants with questions, reviewing evaluation and treatment [14-153-P] protocols, and issuing licenses. The secretary will maintain all The Secretary of Health and Mental Hygiene proposes to adopt paperwork and files, handle telephone inquiries, prepare packets for new Regulations .01—.19 under a new chapter, COMAR 10.32.20 committee meetings and maintain minutes of those meetings, and Licensure of Perfusionists. This action was considered by the Board prepare documents to be submitted to the Board each month. An of Physicians at a public meeting held on June 26, 2013, notice of additional staff member will be required to assist with these duties which was given by publication in 40:12 Md. R. June 14, 2013 and the cost of licensure, due to the low number of practitioners, will pursuant to State Government Article, §10-506(c)(1), Annotated not cover the cost of operations. The fees generated will not cover Code of Maryland. expenditures and will have to be adjusted accordingly before October Statement of Purpose of 2015. The purpose of this action is to establish requirements for the F. Impact of public will be to insure that the public can assume licensure and discipline of a new allied health profession, perfusion. that a “perfusionist” is a licensed professional meeting specified The regulations include requirements for the advisory committee, criteria. This is not quantifiable. requirements for licensure and scope of practice for a perfusionist, grounds for discipline for perfusionists, sanctioning guidelines and Economic Impact on Small Businesses other matters pertaining to the practice of perfusion. The proposed action has minimal or no economic impact on small businesses. Comparison to Federal Standards There is no corresponding federal standard to this proposed action. Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities. Estimate of Economic Impact I. Summary of Economic Impact. The Board of Physicians will Opportunity for Public Comment incur expenses as a result of establishing a new licensure program, Comments may be sent to Michele A. Phinney, Director, Office of reviewing applications, responding to inquiries, maintaining a data Regulation and Policy Coordination, Department of Health and system, handling any disciplinary actions, etc. A moderate licensure Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499; TTY:800-735-2258, or email to

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 685 [email protected], or fax to 410-767-6483. Comments will (16) “On-site direction” means the responsibility of a licensed be accepted through July 14, 2014. A public hearing has not been physician to provide necessary direction for a licensed perfusionist scheduled. when the physician is: (a) Physically present in the procedure room or in the .01 Scope. facility; and A. This chapter governs the practice of perfusion. (b) Able to respond if the perfusionist needs assistance B. Except as provided in §C or D of this regulation, on or after during a procedure. October 1, 2013, an individual shall be licensed by the Board before (17) Practice Perfusion. the individual may practice perfusion. (a) “Practice perfusion” means to perform the functions C. This chapter does not prohibit any student who is currently necessary for the support, treatment, measurement, or enrolled in an accredited educational program to qualify for a supplementation of the cardiovascular, circulatory, or respiratory license as a perfusionist from performing any of the procedures systems, or other organs to ensure the safe management of described in this chapter as part of that program’s clinical physiologic functions by monitoring and analyzing the parameters of curriculum on perfusion. the systems under an order and the supervision of a licensed D. This chapter does not prohibit an individual from practicing a physician. health occupation that the individual is authorized to practice under (b) “Practice perfusion” includes: Health Occupations Article, Annotated Code of Maryland. (i) Cardiopulmonary bypass for adult, pediatric, and .02 Definitions. neonatal patients; A. In this chapter, the following terms have the meanings (ii) Extracorporeal circulatory support for renal, indicated. neurological, hepatic, and vascular surgery; B. Terms Defined. (iii) Extracorporeal resuscitation; (1) “Accredited educational program” means a program (iv) Extracorporeal circulation for long-term support of accredited by The Commission on Accreditation of Allied Health failing respiratory or cardiac function; Education Programs (CAAHEP), or its successor accrediting agency. (v) Extracorporeal membrane oxygenation; (2) “Board” means the State Board of Physicians. (vi) Extracorporeal carbon dioxide removal; (3) “Certified clinical perfusionist” means an individual (vii) Myocardial protection; holding a certificate issued by the national certifying board. (viii) Perfusion-assisted direct coronary artery bypass; (4) “Certification” means recognition of an individual who has (ix) Hemofiltration and hemodialysis; satisfied certain standards required by the national certifying board. (x) Anticoagulation and hemostasis monitoring, analysis, (5) “Committee” means the Perfusion Advisory Committee and intervention; established under Health Occupations Article, §14-5E-05, Annotated (xi) Thermal regulation; Code of Maryland. (xii) Blood gas and blood chemistry monitoring, analysis, (6) “Conversion” means changing a license from licensed and intervention; perfusionist-basic to licensed perfusionist-advanced. (xiii) Physiological monitoring, analysis, and (7) “Immediately available direction” means the responsibility intervention; of a licensed physician to provide necessary direction for a licensed (xiv) Administration of blood components and perfusionist in person, by telephone, or by other electronic means. pharmaceuticals; (8) “Joint Commission” means the organization formerly (xv) Administration of anesthetic agents through a heart known as the Joint Commission on the Accreditation of Health Care lung machine at the direction of an anesthesiologist; Organizations. (xvi) Ventricular assist device and mechanical (9) “License” means a license issued by the Board to practice circulatory support management; perfusion. (xvii) Intra-aortic balloon counterpulsation; (10) “Licensed perfusionist” means a perfusionist who is (xviii) Temporary pacemaker management; licensed by the Board, in accordance with Health Occupations (xix) Periodic flow augmentation therapy; Article, Title 14, Subtitle 5E, Annotated Code of Maryland, to (xx) Autotransfusion; practice perfusion as a: (xxi) Platelet gel production, autologous hemocyte tissue (a) Licensed perfusionist-advanced; or matrix production; (b) Licensed perfusionist-basic. (xxii) Nondifferentiated progenitor cell harvest bone (11) “Licensed perfusionist-advanced” means an individual marrow aspirate concentration; who is licensed by the Board as a perfusionist based on current (xxiii) Acute normovolemic hemodilution; certification as a certified clinical perfusionist. (xxiv) Isolated limb or organ delivery of (12) “Licensed perfusionist-basic” means an individual who: chemotherapeutics, progenitor cells, gene therapy vectors, and other (a) Is licensed by the Board as a perfusionist for a limited items; time based on graduation from an accredited perfusion educational (xxv) Organ procurement and preservation; program; and (xxvi) Thermogenic lavage; (b) Has not yet passed the national certifying examinations (xxvii) Electrophysiological analysis; given by the national certifying board. (xxviii) Therapeutic hyperthermia; (13) “Licensed physician” means a physician licensed by the (xxix) Intravascular membrane oxygenation; and Board. (xxx) Renal perfusion. (14) “National certifying board” means the American Board of (18) “Student” means an individual who, in accordance with Cardiovascular Perfusion or its successor. Health Occupations Article, §14-5E-09(c), Annotated Code of (15) “National certifying examinations” means the two Maryland, is: examinations given by the national certifying board. (a) Enrolled in an accredited educational program to qualify for a license; and

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 686 (b) Performing perfusion services within the accredited F. The Committee shall develop and make recommendations to the program under the supervision of a licensed perfusionist and without Board in the following areas: compensation. (1) Regulations governing the practice of perfusion; (19) “Supervision” means the responsibility of a licensed (2) Code of ethics requirements for the practice of perfusion; physician to exercise on-site direction or immediately available (3) Standards of care requirements for the practice of direction for a licensed perfusionist to ensure the safety and welfare perfusion; of patients during the course of perfusion. (4) Continuing education requirements for license renewal; (5) Any other educational or clinical requirements for licensure .03 Perfusion Advisory Committee. and practice as a perfusionist; A. The Board shall appoint members of the Committee as follows: (6) At the request of the Board, review selected applications for (1) Three individuals who: licensure as a perfusionist and make recommendations to the Board (a) On or before September 30, 2013, practice perfusion and on the applications; who: (7) At the request of the Board, review complaints against (i) Are certified by a national certifying board; and perfusionists and respond to the Board’s questions; and (ii) Have a minimum of 2 years of perfusion experience; (8) Keep a record of the Committee’s proceedings. and (b) On or after October 1, 2013, are licensed perfusionists- .04 Code of Ethics. advanced; A. The ethical responsibilities of a licensed perfusionist include, (2) Three physicians, at least one of whom performs cardiac or but are not limited to, compliance with the principles set forth in §B cardio-thoracic surgery; and of this regulation. (3) One consumer member who: B. A licensed perfusionist: (a) Shall be a member of the general public; and (1) Shall: (b) May not: (a) Practice medically acceptable methods of treatment and (i) Practice, or ever have practiced perfusion, or any may not endeavor to practice beyond the competence and the other health care profession; authority vested in the perfusionist by the physician; (ii) Be, or ever have been, in training to practice (b) Report: perfusion or any other health care profession; (i) Known illegal, unethical, or incompetent conduct; or (iii) Have a household member who is a health care (ii) In good faith, suspected illegal, unethical, or professional or is in training to be a health care professional; incompetent conduct; (iv) Participate, or ever have participated, in a (c) Respect the patient’s rights and dignity; commercial or professional field related to perfusion; (d) Maintain patient confidentiality and protect privileged (v) Have a household member who participates in a information; commercial or professional field related to perfusion; (e) Place the patient’s best interest ahead of all else; (vi) Have had, within 2 years before appointment, a (f) Guard against conflicts of interest including avoiding financial interest in a person regulated by the Board; or those involving financial or personal gain; (vii) Have had, within 2 years of appointment, a financial (g) Uphold the dignity and honor of the profession and interest in the provision of goods or services to perfusionists or to the abide by its ethical principles; and field of perfusion. (h) Be familiar with existing state and federal laws B. Tenure. governing the practice of perfusion and comply with those laws; and (1) The term of a member is 3 years. (2) May not: (2) The terms of the members are staggered. (a) Delegate any perfusion duty to an individual not having (3) At the end of a term, a member continues to serve until a the appropriate training and skill to undertake such responsibility; successor is appointed and qualifies. (b) Falsify documentation on patient records; and (4) An individual may be reappointed for a second 3-year term, (c) Falsify reports submitted to the Board. but the individual may not serve more than two consecutive 3-year C. All services shall be provided with respect for the dignity of the terms. patient, unrestricted by considerations of: (5) The terms of the initial members of the Perfusion Advisory (a) Social or economic status; Committee shall expire as follows: (b) Personal attributes; or (a) Two members in 2013; (c) The nature of health problems. (b) Two members in 2014; and D. A breach of ethical principles may be considered immoral or (c) Three members in 2015. unprofessional conduct in the practice of perfusion. C. Vacancy. (1) If a vacancy occurs, the Board shall appoint a new member .05 Standards of Care. to serve. A. In evaluating the standards of care for the practice of a (2) The successor member shall only serve for the remainder of licensed perfusionist, the Board may consider, but is not limited to, the term, unless reappointed. the guidelines published by the American Society of Extracorporeal D. Chair. From among its members, the Committee shall elect a Technology (AmSECT). chair every 2 years. B. If a particular practice issue has not yet been addressed in the E. Quorum. AmSECT guidelines, the Board may consult with a licensed (1) A majority of the members then serving on the Committee is perfusionist-advanced. a quorum. .06 Application for Initial Licensure as a Perfusionist. (2) Business may not be conducted at a Committee meeting A. An applicant for either a license as a perfusionist-basic or unless there is a quorum. perfusionist-advanced shall: (1) Complete an application on a form supplied by the Board;

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 687 (2) Pay the required application fee set by the Board in (17) Intra-aortic balloon counterpulsation; Regulation .13 of this chapter; (18) Temporary pacemaker management; (3) Be 18 years old or older; (19) Periodic flow augmentation therapy; (4) Be of good moral character; (20) Autotransfusion; (5) Demonstrate spoken and written competency in English by (21) Platelet gel production, autologous hemocyte tissue matrix any of the following: production; (a) Documentation of graduation from a recognized (22) Nondifferentiated progenitor cell harvest bone marrow English-speaking high school or undergraduate school after at least aspirate concentration; 3 years of enrollment; (23) Acute normovolemic hemodilution; (b) Documentation of graduation from a recognized (24) Isolated limb or organ delivery of chemotherapeutics, English-speaking professional school; or progenitor cells, gene therapy vectors, and other items; (c) Documentation of receiving a grade of at least: (25) Organ procurement and preservation; (i) 26 on the “Speaking Section” of the Internet-based (26) Thermogenic lavage; Test of English as a Foreign Language; and (27) Electrophysiological analysis; (ii) 79 on the total score of the Internet-based Test of (28) Therapeutic hyperthermia; English as a Foreign Language; (29) Intravascular membrane oxygenation; and (6) If applicable, provide documentation of licensure, (30) Renal perfusion. certification, or registration from all states and jurisdictions where the applicant has ever held a license, certificate, or registration in .08 Identification; Notice. any health profession; and A. A licensed perfusionist shall wear an identification tag or a (7) Have no history of public disciplinary action taken, or badge which identifies that individual as a licensed perfusionist. pending, against any license currently or previously held or expired. B. Posting of License. B. An applicant for a license as: (1) A licensed perfusionist shall post the perfusionist’s license (1) A perfusionist-basic shall submit satisfactory evidence of in the office or place of employment of the perfusionist. graduation from a perfusion educational program that is accredited (2) If the perfusionist has multiple places of employment, by the Commission on Accreditation of the Allied Health Education copies of the license may be posted in accordance with §B(1) of this Program, or the Commission’s predecessor or successor; regulation. (2) A perfusionist-advanced shall submit satisfactory evidence C. Change of Name or Address. of current national certification from the national certifying board. (1) A licensed perfusionist shall notify the Board in writing of any changes in name or mailing address within 60 days. .07 Scope of Practice. (2) The Board may impose a fine of $100 for failure to notify A. A licensed perfusionist may practice only under the supervision the Board of a change in name or mailing address. of a licensed physician. B. The scope of practice of a licensed perfusionist is performance .09 Terms of Perfusionist-Basic License. of the functions necessary for the support, treatment, measurement, A. Term and Expiration. or supplementation of the cardiovascular, circulatory, or respiratory (1) A perfusionist-basic license shall expire 2 years after it is systems, or other organs to ensure the safe management of issued. physiologic functions by monitoring and analyzing the parameters of (2) A perfusionist-basic license may not be renewed or the systems. extended beyond the 2-year expiration date. C. The scope of practice of a licensed perfusionist includes the (3) An individual who previously held a perfusionist-basic following special procedures, performed on the order of and under license may not be granted a new perfusionist-basic license. the supervision of a licensed physician: (4) Upon expiration of the perfusionist-basic license, an (1) Cardiopulmonary bypass for adult, pediatric, and neonatal individual who does not meet the requirements for a perfusionist- patients; advanced license is ineligible for licensure and may not practice (2) Extracorporeal circulatory support for renal, neurological, perfusion in this State. hepatic, and vascular surgery; B. Conversion. (3) Extracorporeal resuscitation; (1) The holder of a perfusionist-basic license shall convert the (4) Extracorporeal circulation for long-term support of failing license to a perfusionist-advanced license at any time before the respiratory or cardiac function; expiration after meeting the requirements outlined in Regulation (5) Extracorporeal membrane oxygenation; .06B(2) of this chapter. (6) Extracorporeal carbon dioxide removal; (2) The individual shall ensure that the national certifying (7) Myocardial protection; board submits evidence, satisfactory to the Board, that the individual (8) Perfusion-assisted direct coronary artery bypass; meets the requirements of Regulation .06B(2) of this chapter. (9) Hemofiltration and hemodialysis; (3) If the Board receives the notification specified in §B(2) of (10) Anticoagulation and hemostasis monitoring, analysis, and this regulation, the Board shall issue a perfusionist-advanced license intervention; to the individual at no additional charge. (11) Thermal regulation; (4) If the holder of the perfusionist-basic license fails to convert (12) Blood gas and blood chemistry monitoring, analysis, and the license to a perfusionist-advanced license before the expiration intervention; date, the individual shall file a new application for a perfusionist- (13) Physiological monitoring, analysis, and intervention; advanced license. (14) Administration of blood components and pharmaceuticals; C. Conversion-or-Expiration Notice. At least 1 month before the (15) Administration of anesthetic agents through a heart lung expiration of the perfusionist-basic license, the Board shall send machine at the direction of an anesthesiologist; notice to the licensed perfusionist-basic that states: (16) Ventricular assist device and mechanical circulatory (1) The date on which the current perfusionist-basic license support management; expires;

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 688 (2) The date by which notification of meeting requirements (d) The applicant meets all of the requirements for outlined in Regulation .06B(2) shall be received in order to convert reinstatement set out in §D of this regulation. to a perfusionist-advanced license before the perfusionist-basic (4) The Board shall entertain applications for reinstatement license expires; and pursuant to the procedures and standards of COMAR 10.32.02.06B. (3) Notice that upon expiration of the perfusionist-basic (5) The Board may not entertain applications for reinstatement license, if the holder does not qualify for a perfusionist-advanced if a revocation is permanent. license, the holder is no longer permitted to practice perfusion in this State. .11 Continuing Education. A. Application. .10 Renewal and Reinstatement of Licensure as a Perfusionist- (1) The continuing education requirements apply to all renewal Advanced. applications. A. Renewal Notice. At least 1 month before the license expires, (2) The Board may not renew or reinstate the license of a the Board shall send a renewal notice to the licensed perfusionist- perfusionist-advanced unless the perfusionist-advanced has met the advanced that states: requirements for continuing education described in §B of this (1) The date on which the current license expires; regulation. (2) The date by which the renewal application shall be received B. Requirements. A licensed perfusionist-advanced shall meet by the Board for the renewal to be issued and mailed before the continuing education requirements sufficient to maintain current license expires; and national certification from the national certifying board. (3) The amount of the renewal fee set by the Board in C. Documentation of Continuing Education Credits. A current Regulation .13 of this chapter. certificate from the national certifying board will serve as B. Renewal. documentation of continuing education credits earned. (1) The Board may not renew a license until the Comptroller of Maryland has verified that the individual has paid all undisputed .12 Clinical Activity. taxes and unemployment insurance contributions, or arranged for A. Application. repayment, as required by COMAR 10.31.02. (1) The clinical activity requirements apply to all renewal (2) An individual licensed as a perfusionist-basic may not applications. renew the license. (2) The Board may not renew or reinstate the license of a (3) An individual who has been licensed by the Board as a perfusionist-advanced unless the perfusionist-advanced has met the perfusionist-advanced may renew the license every 2 years on or requirements for clinical activity described in §B of this regulation. before the date specified by the Board by: B. Requirements. A licensed perfusionist-advanced shall meet (a) Submitting a renewal application online or on a form clinical activity requirements sufficient to maintain current national supplied by the Board; certification from the national certifying board. (b) Paying the required renewal fee set by the Board in C. Documentation of Clinical Activity. A current certificate from Regulation .13 of this chapter; and the national certifying board will serve as documentation of clinical (c) Attesting to current certification by the national activities performed. certifying board. .13 Fees. C. Reinstatement within 30 Days. The Board shall reinstate the The following non-refundable fees are applicable to perfusionists: license of a perfusionist-advanced who has failed to renew the license A. Perfusionist initial license application fee: for any reason if the perfusionist-advanced: (1) Before October 1, 2015 . . . $300; and (1) Applies for reinstatement within 30 days after the date the (2) After October 1, 2015 . . . To be determined and license expires; promulgated in regulations by the Board in accordance with Health (2) Meets the renewal requirements of §A of this regulation; Occupations Article, §14-205(a)(16), Annotated Code of Maryland and (Supp. 2013); (3) Pays to the Board the reinstatement fee set by the Board in B. Perfusionist license renewal fees, after October 1, 2015: Regulation .13 of this chapter. (1) License renewal fee. . . To be determined and promulgated D. License Expiration After 30 days. An individual who fails to in regulations by the Board in accordance with Health Occupations renew or reinstate a perfusionist-advanced license within 30 days Article, §14-205(a)(16), Annotated Code of Maryland (Supp. 2013); after expiration shall meet the current requirements for licensure as a (2) Maryland Health Care Commission (MHCC) fee . . . As perfusionist-advanced. determined by MHCC under COMAR 10.25.03; E. Reinstatement of a Revoked License. C. Reinstatement fee, after October 1, 2015. . .To be determined (1) On the application of an individual whose license has been and promulgated in regulations by the Board in accordance with revoked, the Board, on the affirmative vote of a majority of the Health Occupations Article, §14-205(a)(16), Annotated Code of quorum, may in its discretion reinstate a revoked license. Maryland (Supp. 2013); (2) When a time period is not stated in an order for revocation: D. Written verification of licensure fee . . . $25; and (a) The Board may not entertain an application for post- E. Replacement of license fee . . . $25 disciplinary reinstatement until at least 3 years after the date of the order; and .14 Prohibited Conduct. (b) A revocation of a license may not be for less than 1 year. A. Subject to the hearing provision of Health Occupations Article, (3) The Board may not entertain an application for post- §14-405, Annotated Code of Maryland, the Board may deny a license disciplinary reinstatement after an order of revocation unless: to any applicant, reprimand any licensee, place any licensee on (a) Any time period stated in the order has expired; probation, or suspend or revoke a license if the applicant or licensee: (b) Any condition set out in the order has been fulfilled; (1) Fraudulently or deceptively obtains or attempts to obtain a (c) The applicant has filed a formal application and paid the license for the applicant or licensee or for another; fee set by the Board in Regulation .13 of this chapter; and (2) Fraudulently or deceptively uses a license;

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 689 (3) Is guilty of unprofessional or immoral conduct in the (26) Refuses, withholds from, denies, or discriminates against practice of perfusion; an individual with regard to the provision of professional services for (4) Is professionally, physically, or mentally incompetent; which the licensee is licensed and qualified to render because the (5) Abandons a patient; individual is HIV positive; (6) Is habitually intoxicated; (27) Practices or attempts to practice a perfusion procedure or (7) Is addicted to, or habitually abuses, any narcotic or uses or attempts to use perfusion equipment if the applicant or controlled dangerous substance as defined in Criminal Law Article, licensee has not received education and training in the performance §5-101, Annotated Code of Maryland; of the procedure or the use of the equipment; or (8) Provides professional services while: (28) Fails to cooperate with a lawful investigation of the (a) Under the influence of alcohol; or Board. (b) Using any narcotic or controlled dangerous substance as B. Crimes of Moral Turpitude. defined in Criminal Law Article, §5-101, Annotated Code of (1) On the filing of certified docket entries with the Board by Maryland, or any other drug that is in excess of therapeutic amounts the Office of the Attorney General, the Board shall order the or without valid medical indication; suspension of a license if the licensee is convicted of, or pleads guilty (9) Promotes the sale of services, drugs, devices, appliances, or or nolo contendere with respect to, a crime involving moral goods to a patient so as to exploit the patient for financial gain; turpitude, whether or not any appeal or other proceeding is pending (10) Willfully makes or files a false report or record in the to have the conviction or plea set aside. practice of perfusion; (2) After completion of the appellate process, if the conviction (11) Willfully fails to file or record any report as required has not been reversed or the plea has not been set aside with respect under law, willfully impedes or obstructs the filing or recording of a to a crime involving moral turpitude, the Board shall order the report, or induces another to fail to file or record a report; revocation of a license on the certification by the Office of the (12) Breaches patient confidentiality; Attorney General. (13) Pays or agrees to pay any sum or provide any form of C. Unless the Board agrees to accept the surrender of a license, a remuneration or material benefit to any person for bringing or licensed perfusionist may not surrender the license nor may the referring a patient or accepts or agrees to accept any sum or any license lapse by operation of law while the licensee is under form of remuneration or material benefit from an individual for investigation or while charges are pending against the licensee. bringing or referring a patient; (14) Knowingly makes a misrepresentation while practicing .15 Penalty for Unlicensed Practice. perfusion; A. Except as otherwise provided in Health Occupations Article, (15) Knowingly practices perfusion with an unauthorized §14-5E-01(g), Annotated Code of Maryland, an individual may not individual or aids an unauthorized individual in the practice of practice, attempt to practice, or offer to practice perfusion in this perfusion; State unless licensed to practice perfusion by the Board. (16) Knowingly delegates a perfusion duty to an unlicensed B. An individual who violates §A of this regulation is subject to a individual; civil fine of not more than $5,000 to be levied by the Board. (17) Offers, undertakes, or agrees to cure or treat disease by a C. The Board shall pay any penalty collected under this regulation secret method, treatment or medicine; into the Board of Physicians Fund. (18) Is disciplined by a licensing or disciplinary authority or is .16 Investigations, Hearings, and Appeals. convicted or disciplined by a court of any state or country or is A. Complaints alleging prohibited conduct shall be referred to the disciplined by any branch of the United States uniformed services or Board to be investigated according to the Board’s procedures. the US Department of Veterans Affairs for an act that would be B. A hearing on charges issued under Regulation .14 of this grounds for disciplinary action under the Board’s disciplinary chapter or Health Occupations Article, §14-5E-16(a), Annotated statutes; Code of Maryland, shall be held in accordance with the hearing (19) Fails to meet appropriate standards for the delivery of provisions of Health Occupations Article, §14-405, Annotated Code perfusion services; of Maryland. (20) Knowingly submits false statements to collect fees for C. Proceedings for crimes of moral turpitude under Health which services are not provided; Occupations Article, §14-5E-16 (c), Annotated Code of Maryland, or (21) Has been subject to investigation or disciplinary action by Regulation .14B of this chapter, shall be held in accordance with a licensing or disciplinary authority or by a court of any state or COMAR 10.32.02.08. country for an act that would be grounds for disciplinary action D. Appeals from a final Board decision shall be taken in under the Board’s disciplinary statutes; and has: accordance with Health Occupations Article, §14-5E-17, Annotated (a) Surrendered the license, if any, issued by the state or Code of Maryland. country; or (b) Allowed the license, if any, issued by the state or country .17 Required Reports. to expire or lapse; A. Except as provided in §B, C, or F of this regulation, hospitals, (22) Knowingly fails to report suspected child abuse in related institutions, alternative health systems as defined in Health violation of Family Law Article, §5-704, Annotated Code of Occupations Article, §1-401, Annotated Code of Maryland, and Maryland; employers shall file with the Board a report that the hospital, related (23) Sells, prescribes, gives away, or administers drugs for institution, alternative health system, or employer limited, reduced, illegal or illegitimate medical purposes; otherwise changed, or terminated any licensed perfusionist for any (24) Practices or attempts to practice beyond the authorized reason that might be grounds for disciplinary action under Health scope of practice; Occupations Article, §14-5E-16, Annotated Code of Maryland, or (25) Is convicted of or pleads nolo contendere to a felony or to any regulation in this chapter. a crime involving moral turpitude, whether or not any appeal or B. If the action taken by a hospital, related institution, alternative other proceeding is pending to have the conviction or plea set aside; health system, or employer under §A of this regulation relates to alcohol or drug impairment, the hospital, related institution,

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 690 alternative health system or employer is not required to report the (2) Except as provided in §B of this regulation, for violations of perfusionist to the Board if: Health Occupations Article §14-5E-16(a), Annotated Code of (1) The hospital, related institution, alternative health system, Maryland, the Board shall impose a sanction not less severe than the or employer knows that the licensed perfusionist is: minimum listed in the sanctioning guidelines nor more severe than (a) In an alcohol or drug treatment program that is the maximum listed in the sanctioning guidelines for each offense. accredited by the Joint Commission or is certified by the Department (3) Ranking of Sanctions. of Health and Mental Hygiene; or (a) For the purposes of this regulation, the severity of (b) Under the care of a health care practitioner who is sanctions is ranked as follows, from the least severe to the most competent and capable of dealing with alcoholism and drug abuse; severe: (2) The perfusionist takes appropriate steps to permit the (i) Reprimand; hospital, related institution, alternative health system, or employer to (ii) Probation; verify that the licensed perfusionist remains in the treatment program (iii) Suspension; and and is compliant with the requirements of that program until (iv) Revocation. discharge; and (b) A stayed suspension in which the stay is conditioned on (3) The action of condition of the licensed perfusionist has not the completion of certain requirements is ranked as probation. caused injury to an individual while the perfusionist is practicing as (c) A stayed suspension not meeting the criteria for §A(3)(b) a licensed perfusionist. of this regulation is ranked as a reprimand. C. If a licensed perfusionist enters or is considering entering an (4) The Board may impose more than one sanction, provided alcohol or drug treatment program that is accredited by the Joint that the most severe sanction neither exceeds the maximum nor is less Commission or that is certified by the Department of Health and than the minimum sanction permitted in the chart. Mental Hygiene, the licensed perfusionist shall notify the hospital, (5) Any sanction may be accompanied by conditions related institution, alternative health system, or employer of the reasonably related to the offense or to the rehabilitation of the licensed perfusionist’s decision to enter the treatment program. offender. The inclusion of conditions does not change the ranking of D. If the licensed perfusionist fails to provide the notice required the sanction. under §C of this regulation, and the hospital, related institution, (6) If a licensee has violated more than one ground for alternative health system, or employer learns that the licensed discipline as set out in the sanctioning guidelines: perfusionist has entered a treatment program, the hospital related (i) The sanction with the highest severity ranking should institution, alternative health system, or employer shall report to the be used to determine which ground will be used in developing a Board that the licensed perfusionist has: sanction; and (1) Entered a treatment program; and (ii) The Board may impose concurrent sanctions based (2) Failed to provide the required notice. on other grounds violated. E. If the perfusionist has failed to take appropriate steps or has (7) Notwithstanding the sanctioning guidelines set forth in failed to remain compliant under §B(2) of this regulation or has Regulation .19 of this chapter, in order to resolve a pending failed to provide the required notice under §C of this regulation, the disciplinary action, the Board and the licensee may agree to a perfusionist may not use his or her participation in the treatment surrender of license or a consent order with terms and sanction program as a mitigating circumstance in any disciplinary action. agreed to by the Board, the administrative prosecutor, and the F. Noncompliance. licensee. (1) If the licensed perfusionist is found to be noncompliant with B. Aggravating and Mitigating Factors. the treatment program’s policies and procedures while in the (1) Depending on the facts and circumstances of each case, and treatment program, the treatment program shall notify the hospital, to the extent that the facts and circumstances apply, the Board may related institution, alternative health system, or employer of the consider the aggravating and mitigating factors set out in §B(4) and licensed perfusionist’s noncompliance. (5) of this regulation and may in its discretion determine, based on (2) On receipt of the notification required under §C of this those factors, that an exception should be made and that the sanction regulation, the hospital, related institution, alternative health system, in a particular case should fall outside the range of sanctions listed or employer of the licensed perfusionist shall report the licensed in the sanctioning guidelines. perfusionist’s noncompliance to the Board. (2) Nothing in this regulation requires the Board or an G. A person as defined in Health Occupations Article, §14-101(h), Administrative Law Judge to make findings of fact with respect to any Annotated Code of Maryland, is not required under this regulation to of these factors. make any report that would be in violation of any federal or state (3) The existence of one or more of these factors does not law, rule, or regulation concerning the confidentiality of alcohol and impose on the Board or an Administrative Law Judge any drug abuse patient records. requirement to articulate its reasoning for not exercising its H. The hospital, related institution, alternative health system, or discretion to impose a sanction outside of the range of sanctions set employer shall submit a required report within 10 days of any action out in the sanctioning guidelines. described in this regulation. (4) Mitigating factors may include, but are not limited to, the I. A report made under this regulation is not subject to subpoena following: or discovery in a civil action other than a proceeding arising out of a (a) The absence of a prior disciplinary record; hearing and decision of the Board under Health Occupations Article, (b) The offender self-reported the incident; Title 14, Annotated Code of Maryland. (c) The offender voluntarily admitted the misconduct, made full disclosure to the Board and was cooperative during the Board .18 Sanctioning. proceedings; A. General Application of Sanctioning Guidelines. (d) The offender implemented remedial measures to correct (1) Sections A and B of this regulation and Regulation .19 of or mitigate the harm arising from the misconduct; this chapter do not apply to offenses for which a mandatory sanction (e) The offender made good faith efforts to make restitution is set by statute or regulation. or to rectify the consequences of the misconduct;

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 691 (f) The offender has been rehabilitated or exhibits (3) Licensees Previously Disciplined Under §C(2) of this rehabilitative potential; regulation. (g) The misconduct was not premeditated; (a) Upon a finding of a violation, the Board may impose any (h) There was no potential harm to patients or the public or discipline authorized under Health Occupations Article, §14-5E-16, other adverse impact; or Annotated Code of Maryland, and the sanctioning guidelines for a (i) The incident was isolated and is not likely to recur. subsequent offense. (5) Aggravating factors may include, but are not limited to, the (b) The Board may not apply the sanction described in following: §C(2) of this regulation in determining a sanction for a licensee (a) The offender has a previous criminal or administrative previously disciplined for an offense related to continuing medical disciplinary history; education credits. (b) The offense was committed deliberately or with gross D. Offenses Related to Clinical Activity. negligence or recklessness; (1) Section D(2) and (3) of this regulation does not limit the (c) The offense had the potential for or actually did cause Board’s authority to require completion of the missing clinical patient harm; activities. (d) The offense was part of a pattern of detrimental conduct; (2) Willful Falsification. (e) The offender committed a combination of factually (a) If a licensee has willfully falsified an application with discrete offenses adjudicated in a single action; respect to clinical activities, the licensee may be charged under one (f) The offender pursued his or her financial gain over the or more of the following, as appropriate: patient’s welfare; (i) Health Occupations Article, §14-5E-16 (a)(1), (g) The patient was especially vulnerable; Annotated Code of Maryland; (h) The offender attempted to hide the error or misconduct (ii) Health Occupations Article, §14-5E-16(a)(3), from patients or others; Annotated Code of Maryland; (i) The offender concealed, falsified, or destroyed evidence (iii) Health Occupations Article, §14-5E-16(a)(10), or presented false testimony or evidence; Annotated Code of Maryland; and (j) The offender did not cooperate with the investigation; or (iv) Health Occupations Article, §14-5E-16(a)(11), (k) Previous attempts to rehabilitate the offender were Annotated Code of Maryland. unsuccessful. (b) Upon a finding of a violation, the Board may impose any C. Offenses Related to Continuing Medical Education Credits. discipline authorized under Health Occupations Article, §14-5E-16, (1) Section C(2) and (3) of this regulation does not limit the Annotated Code of Maryland, and the sanctioning guidelines. Board’s authority to require completion of the missing continuing (3) Licensees Previously Disciplined Under §D(2) of this education credits. regulation. (2) Willful Falsification. (a) Upon a finding of a violation, the Board may impose any (a) If a licensee has willfully falsified an application with discipline authorized under Health Occupations Article, §14-5E-16, respect to continuing medical education credits, the licensee may be Annotated Code of Maryland, and the sanctioning guidelines. charged under one or more of the following, as appropriate: (b) The Board may not apply the sanction described in (i) Health Occupations Article, §14-5E-16 (a)(1), §D(2) of this regulation in determining a sanction for a licensee Annotated Code of Maryland; previously disciplined for an offense related to clinical activities. (ii) Health Occupations Article, §14-5E-16(a)(3), Annotated Code of Maryland; .19 Sanctioning Guidelines for Perfusionists. (iii) Health Occupations Article, §14-5E-16(a)(10), A. Subject to provisions of Regulation .18A and B of this chapter, Annotated Code of Maryland; and the Board may impose sanctions as outlined in §B of this regulation (iv) Health Occupations Article, §14-5E-16(a)(11), on perfusionists for violations of Health Occupations Article, §14- Annotated Code of Maryland. 5E-16, Annotated Code of Maryland, or Regulation .14 of this (b) Upon a finding of a violation, the Board may impose any chapter. discipline authorized under Health Occupations Article, §14-5E-16, Annotated Code of Maryland, and the sanctioning guidelines.

______

B. Range of Sanctions.

Ground Maximum Sanction Minimum Sanction (1) Fraudulently or deceptively obtains or attempts to obtain a license for the Revocation Reprimand with 2 years of applicant or licensee or for another probation (2) Fraudulently or deceptively uses a license Revocation Probation (3) Is guilty of unprofessional or immoral conduct in the practice of perfusion Revocation Reprimand (4) Incompetence Revocation Suspension until (a) Is professionally incompetent professional incompetence is addressed to the Board’s satisfaction

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 692

(b) Is physically or mentally incompetent Revocation Suspension until physical or mental incompetence is addressed to the Board’s satisfaction (5) Abandons a patient Revocation Reprimand (6) Is habitually intoxicated Revocation Suspension until professional is in treatment and abstinent for 6 months (7) Is addicted to, or habitually abuses, any narcotic or controlled dangerous Revocation Suspension until substance as defined in Criminal Law Article, §5–101, Annotated Code of Maryland professional is in treatment and abstinent for 6 months (8) Provides professional services while: Revocation Suspension until (a) Under the influence of alcohol; or professional is in (b) Using any narcotic or controlled dangerous substance as defined in treatment and abstinent Criminal Law Article, §5–101, Annotated Code of Maryland, or any other drug that for 6 months is in excess of therapeutic amounts or without valid medical indication (9) Promotes the sale of services, drugs, devices, appliances, or goods to a Revocation Reprimand patient so as to exploit the patient for financial gain (10) Willfully makes or files a false report or record in the practice of Revocation Reprimand perfusion (11) Willfully fails to file or record any report as required under law, willfully Revocation Reprimand impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report (12) Breaches patient confidentiality Revocation Reprimand (13) Pays or agrees to pay any sum or provide any form of remuneration or Revocation Reprimand material benefit to any individual for bringing or referring a patient or accepts or agrees to accept any sum or any form of remuneration or material benefit from an individual for bringing or referring a patient (14) Knowingly makes a misrepresentation while practicing perfusion Revocation Reprimand (15) Knowingly practices perfusion with an unauthorized individual or aids an Revocation Reprimand unauthorized individual in the practice of perfusion (16) Knowingly delegates a perfusion duty to an unlicensed individual Revocation Reprimand (17) Offers, undertakes, or agrees to cure or treat disease by a secret method, Revocation Reprimand treatment, or medicine (18) Is disciplined by a licensing or disciplinary authority or is convicted or Penalty comparable to Penalty equivalent to that disciplined by a court of any state or country or is disciplined by any branch of the what the Board imposes imposed by original United States uniformed services or the Veterans Administration for an act that under equivalent Maryland licensing authority if this would be grounds for disciplinary action under this section ground for discipline is less than the Board sanction would be (19) Fails to meet appropriate standards for the delivery of perfusion services Revocation Reprimand (20) Knowingly submits false statements to collect fees for which services Revocation Reprimand have not been provided (21) Has been subject to investigation or disciplinary action by a licensing or Penalty comparable to Penalty equivalent to that disciplinary authority or by a court of any state or country for an act that would be what the Board imposes imposed by original grounds for disciplinary action under the Board’s disciplinary statutes; and has: under equivalent Maryland licensing authority if this (a) Surrendered the license, if any, issued by the state or country; or ground for discipline is less than the Board (b) Allowed the license, if any, issued by the state or country to expire or lapse sanction would be (22) Knowingly fails to report suspected child abuse in violation of Family Revocation Reprimand Law Article, §5–704, Annotated Code of Maryland (23) Sells, prescribes, gives away, or administers drugs for illegal or Revocation Reprimand and 3 years of illegitimate medical purposes probation with practice oversight

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 693

(24) Practices or attempts to practice beyond the authorized scope of practice Revocation Suspension for 3 months (25) Is convicted or pleads nolo contendere to a felony or to a crime involving Revocation Suspension for 3 months moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside (26) Refuses, withholds from, denies, or discriminates against an individual Suspension for 1 year Reprimand with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive (27) Practices or attempts to practice a perfusion procedure or uses or Revocation Suspension for 3 months attempts to use perfusion equipment if the applicant or licensee has not received education and training in the performance of the procedure or the use of the equipment (28) Fails to cooperate with a lawful investigation conducted by the Board Revocation Reprimand

JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene ______

875-3605, or email to [email protected], or fax to 410-875- Title 12 3584. Comments will be accepted through July 14, 2014. A public DEPARTMENT OF PUBLIC hearing has not been scheduled. Open Meeting SAFETY AND Final action on the proposal will be considered by the Correctional Training Commission during a public meeting to be announced. CORRECTIONAL SERVICES .02 Minimum Requirements. A. This chapter establishes minimum correctional officer training Subtitle 10 CORRECTIONAL [and instructor certification] requirements related to the use of an TRAINING COMMISSION electronic control device. B. — C. (text unchanged) 12.10.05 Electronic Control Device Training GARY D. MAYNARD Authority: Correctional Services Article, §2-109 and Public Safety Article, Secretary of Public Safety and Correctional Services §3-207, Annotated Code of Maryland Notice of Proposed Action Subtitle 15 CRIMINAL JUSTICE [14-169-P] The Secretary of Public Safety and Correctional Services, in INFORMATION SYSTEM CENTRAL cooperation with the Correctional Training Commission, proposes to REPOSITORY amend Regulation .02 under COMAR 12.10.05 Electronic Control Device Training. This action was considered by the Correctional Notice of Proposed Action Training Commission at a public meeting held on April 16, 2014. [14-170-P] The Secretary of Public Safety and Correctional Services proposes Statement of Purpose to: The purpose of this action is to amend COMAR 12.10.05.02 to (1) Amend Regulations .15 and .19 under COMAR 12.15.01 remove language referencing material that was recodified under a Implementation of the Criminal Justice Information Statute; and new chapter as part of a previous action. (2) Adopt Regulations .01 — .04 under new COMAR 12.15.06 Comparison to Federal Standards Federal Bureau of Investigation, Next Generation Identification There is no corresponding federal standard to this proposed action. Rap Back Program. Estimate of Economic Impact Statement of Purpose The proposed action has no economic impact. The purpose of this action is to update the fee schedule to reflect a $13 pass-through fee collected by the Central Repository for Economic Impact on Small Businesses enrolling a non-criminal justice government agency in the Federal The proposed action has minimal or no economic impact on small Bureau of Investigation’s Rap Back Program and to include specific businesses. language explaining responsibilities of the Central Repository and Impact on Individuals with Disabilities non-criminal justice government agency program enrollment. The proposed action has no impact on individuals with disabilities. Comparison to Federal Standards Opportunity for Public Comment There is no corresponding federal standard to this proposed action. Comments may be sent to Thomas C. Smith, Director of Policy Estimate of Economic Impact and Process Review, Maryland Police and Correctional Training The proposed action has no economic impact. Commissions, 6852 4th Street, Sykesville, MD 21784, or call 410-

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 694 Economic Impact on Small Businesses (4) “Non-criminal justice government agency” means a The proposed action has minimal or no economic impact on small government agency that is not a criminal justice agency defined businesses. under Criminal Procedure Article, §10-201(d), Annotated Code of Maryland, and receives CHRI for licensing and employment Impact on Individuals with Disabilities purposes. The proposed action has no impact on individuals with disabilities. .03 Submitting Fingerprints to the FBI Rap Back Program. Opportunity for Public Comment A. The Central Repository is responsible for submitting all Comments may be sent to Robyn Lyles, Director, Policy fingerprints to the FBI Rap Back Program. Management, Information Technology and Communications B. The Central Repository shall: Division, 6776 Reisterstown Road, Baltimore, MD 21215, or call (1) Submit the fingerprints of employees or licensees of 410-585-3100. Comments will be accepted through July 14, 2014. A authorized non-criminal justice government agency to the FBI; and public hearing has not been scheduled. (2) Retain the fingerprints of an employee or licensee of

authorized non-criminal justice government agencies for future 12.15.01 Implementation of the Criminal Justice submission to the FBI Rap Back program or for national fingerprint Information System Statute searches. Authority: Criminal Procedure Article, §10-221; Courts and Judicial .04 Issuance of a Revised Printed Statement. Proceedings Article, §3-8A-27; Annotated Code of Maryland A. If a non-criminal justice government agency is authorized by State statute to receive federal criminal history records information, .15 Fees — CHRI Checks for Noncriminal Justice Purposes. the Central Repository shall: A. — D. (text unchanged) (1) Enroll the non-criminal justice government agency in the E. The following chart contains the fees collected by Central FBI Rap Back Program; Repository for a noncriminal justice CHRI check: (2) Maintain a record of each previously processed individual CHRI CHECK FEE COLLECTED AMOUNT employed or licensed by the non- criminal justice government FOR agency; and CHRI Check-State only-for: (text unchanged) (3) Distribute CHRI in accordance with the FBI Rap Back — Government licensing or program and federal regulations. certification B. Pre-Notification of CHRI Release. FBI Rap Back Program FBI processing fee $13 (1) The Central Repository shall electronically notify a non- HAZ MAT endorsement on (text unchanged) criminal justice government agency enrolled in the FBI Rap Back CDL — Individual challenge Program of the availability of subsequent CHRI for an employee or a licensee. F. — G. (text unchanged) (2) A non-criminal justice government agency notified under .19 Issuance of a Revised Printed Statement (State Rap Back §B(1) of this regulation shall electronically respond to the Central Program). Repository within 3 business days of receipt of notification from the A. — B. (text unchanged) Central Repository: [C. The Central Repository shall distribute CHRI in accordance (a) Confirming that the individual is currently an employee with FBI Rap Back service and federal regulations. or a licensee and the CHRI should be released to the non-criminal D. Except when prohibited by law, the Central Repository may government agency; or charge a fee for providing the Rap Back Program service.] (b) Advising that the individual is no longer an employee or a licensee and the individual should be removed from the non- criminal justice government agency FBI Rap Back Program service. 12.15.06 Federal Bureau of Investigation, Next C. Annual Review of Previously Processed Individuals. Generation Identification Rap Back Program (1) At least annually the Central Repository shall prepare and distribute a list of previously processed individuals to each non- Authority: Criminal Procedure Article, §10-221, Annotated Code of Maryland criminal justice government agency enrolled in the FBI Rap Back .01 Purpose. Program. This chapter establishes procedures for participation in the (2) From the list of previously processed individuals required Federal Bureau of Investigation (FBI), Next Generation under §C(1) of this regulation, the non-criminal justice government Identification Rap Back Program. agency shall: (a) Delete an individual who no longer works for and may .02 Definitions. not resume work for the non-criminal justice government agency; or A. In this chapter, the following terms have the meanings indicated. (b) Delete an individual who is no longer licensed by the B. Terms Defined. non-criminal justice government agency. (1) “Criminal History Record Information (CHRI)” has the (3) The non-criminal justice government agency shall return meaning stated in Criminal Procedure Article, §10-201, Annotated the adjusted list required under §C(2) of this regulation to the Code of Maryland. Central Repository within 15 working days of receipt. (2) “Criminal History Records Check” has the meaning stated (4) The Central Repository shall cease sending revised printed in COMAR 12.15.01.03B(6). statements when notified that the previously processed individual has (3) “Federal Bureau of Investigation, Next Generation been deleted from the annually prepared list. Identification Rap Back Program (FBI Rap Back Program)” means D. Except when prohibited by law, the Central Repository may the federal service that informs an authorized non-criminal justice charge a fee for providing the Rap Back Program service. government agency of subsequent criminal history record information for an employee or licensee during a specified term. GARY D. MAYNARD Secretary of Public Safety and Correctional Services

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 695 (b) [Is dually enrolled in an early college public school Title 13A program, grades 9—12, located on the campus of an institute of higher education or on the public school campus] Is registered in a STATE BOARD OF public school system grades 9—12, and also enrolled full-time in a state-approved institution of higher education and receives both high EDUCATION school and college credit for college courses completed; and (c) [Is attending the early college public school program Subtitle 02 LOCAL SCHOOL full-time:] Is under the supervision of the public school system for the purposes of: ADMINISTRATION (i) Assuring that all graduation requirements are met; 13A.02.06 General Financial Aid to Local School (ii) Planning the dual enrollment course work for the student; and Systems (iii) If appropriate, providing and supervising Authority: Education Article, §§2-205, and 5-202, Annotated Code of participation in extracurricular activities at the public school; Maryland (d)—(e) (text unchanged) B.—D. (text unchanged) Notice of Proposed Action [14-175-P] LILLIAN M. LOWERY, Ed.D. The Maryland State Board of Education proposes to amend State Superintendent of Schools Regulation .03 under COMAR 13A.02.06 General Financial Aid to Local School Systems. This action was considered at the April 22, Subtitle 03 GENERAL 2014 meeting of the Maryland State Board of Education. INSTRUCTIONAL PROGRAMS Statement of Purpose The purpose of this action is to allow students who are registered 13A.03.02 Graduation Requirements for Public in a public school and dually enrolled full-time in an institution of High Schools in Maryland higher education to be included in the enrollment count of the local school system for purposes of calculating State aid under the Authority: Education Article §§2-205, 4-111, 7-203, 7-205.1, and 8-404, foundation program. Annotated Code of Maryland Comparison to Federal Standards Notice of Proposed Action There is no corresponding federal standard to this proposed action. [14-171-P] Estimate of Economic Impact The Maryland State Board of Education proposes to amend The proposed action has no economic impact. existing Regulations .02, .09, .09-1, and .12, repeal existing Regulations .03 and .08, adopt new Regulations .07 and .08, and Economic Impact on Small Businesses amend and recodify existing Regulations .04—.07 to be Regulations The proposed action has minimal or no economic impact on small .03—.06 under COMAR 13A.03.02 Graduation Requirements for businesses. Public High Schools in Maryland. This action was considered at the April 22, 2014 meeting of the Maryland State Board of Education. Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities. Statement of Purpose The purpose of this action is to reflect changes in the assessment Opportunity for Public Comment program and terminology, align graduation requirements to the Comments may be sent to Katharine Oliver, Assistant State Maryland College and Career Ready Standards, include requirements Superintendent, Division of Career and College Readiness, Maryland set forth in the Maryland College and Career Readiness and College State Department of Education, 200 West Baltimore Street, 200 West Completion Act of 2013, update the Maryland High School Baltimore Street, Baltimore, Maryland 21201, or call 410-767-0158 Certificate Program requirements, change assessment reporting (TTY 410-333-6442), or email to [email protected]. requirements in the student record, and delete out-of-date provisions. Comments will be accepted through July 14, 2014. A public hearing has not been scheduled. Comparison to Federal Standards There is no corresponding federal standard to this proposed action. Open Meeting Final action on the proposal will be considered by the Maryland Estimate of Economic Impact State Board of Education during a public meeting to be held on I. Summary of Economic Impact. Depending on each local August 26, 2014, at 200 West Baltimore Street, Baltimore, Maryland education agency’s current percentage of students enrolled in math in 21201. each year of high school, there may be some costs for additional staff. Also the local education agencies will need to provide funding for .03 State Financial Assistance under the Foundation Program. students taking college courses while in high school according to the A. For the purpose of calculating State aid under the foundation payment requirements: Education Article, §§18-14A-04 and 05, program, a student, who is a bona fide resident of Maryland and who Annotated Code of Maryland. has age appropriate immunizations, may be included in the enrollment count of the local school system under the following Revenue (R+/R-) circumstances: II. Types of Economic Expenditure (1)—(8) (text unchanged) Impact. (E+/E-) Magnitude (9) A student may be counted as one full-time equivalent student if the student: (a) (text unchanged) A. On issuing agency: NONE

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 696 B. On other State agencies: NONE [.04] .03 Enrollment and Credit Requirements. th C. On local governments: (E+) Unknown A. Beginning with students entering the 9 grade class of 2014— 2015 school year, each student shall enroll in a mathematics course in each year of high school that the student attends, up to a maximum of 4 years of attendance, unless in the 5th or 6th year a mathematics Benefit (+) course is needed to meet a graduation requirement. Cost (-) Magnitude [A.] B. To be awarded a diploma, a student shall be enrolled in a Maryland public school system and shall have earned a minimum of

21 credits that include the following specified [core] credits: D. On regulated industries or (1) English—four credits of organized instruction in [listening trade groups: NONE and speaking, reading and literature, and written composition and use of language,] comprehension of literary and informational text, E. On other industries or writing, speaking and listening, language, and literacy, of which one trade groups: NONE credit shall be aligned with the Maryland High School Assessment

F. Direct and indirect effects for English; on public: NONE (2) (text unchanged) III. Assumptions. (Identified by Impact Letter and Number from (3) Mathematics—three credits, including one with instruction Section II.) in algebra aligned with the Maryland High School Assessment for C. Depending on each local education agency’s current percentage algebra [/data analysis] or one or more credits in subsequent of students enrolled in math in each year of high school, there may be mathematics courses for which Algebra I is a prerequisite, and one some costs for additional staff. with instruction in geometry aligned with the content standards for geometry[;]. (4)—(8) (text unchanged) Local school systems will need to provide funding for students (9) [Earn one] One of the following: taking college courses while in high school according to the payment (a)—(c) (text unchanged) requirements: Education Article, §§18-14A-04 and 05, Annotated B. (text unchanged) Code of Maryland. C. [Beginning with students entering high school in 2011—2012, all] All students must complete a locally designed high school Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small program of environmental literacy as set forth in COMAR 13A.04.17 businesses. that is approved by the State Superintendent of Schools. Impact on Individuals with Disabilities [.05] .04 Other Provisions for Earning Credit. The proposed action has no impact on individuals with disabilities. A.—C. (text unchanged) D. [Correspondence and] Online Courses. Opportunity for Public Comment (1) Consistent with local school system policy and procedure, Comments may be sent to Dr. Jack R. Smith, Chief Academic credit may be given for [correspondence courses and for] Officer, Maryland State Department of Education, Office of the Department-approved online courses. Deputy for Teaching and Learning, 200 West Baltimore Street, (2) If credit is to be applied toward minimum graduation Baltimore, Maryland 21201, or call 410-767-3646 (TTY 410-333- requirements, [the correspondence course or] the Department- 6442), or email to [email protected], or fax to 410-333- approved online course shall be provided by the local school system. 2275. Comments will be accepted through July 14, 2014. A public E.—F. (text unchanged) hearing has not been scheduled. G. College Courses. [(1)] Consistent with the payment requirement of Education Open Meeting Article, §§ 18-14A-04 and 18-14A-05, Annotated Code of Maryland, Final action on the proposal will be considered by the Maryland local school system policies and procedures and with prior approval State Board of Education during a public meeting to be held on of the local superintendent of schools or the superintendent’s August 26, 2014, at 200 West Baltimore Street, Baltimore, Maryland designee, credit toward high school graduation may be given for 21201. courses offered by accredited colleges. .02 Definitions. [(2) The cost of these courses shall be borne by the student.] A. (text unchanged) H.—I. (text unchanged) B. Terms Defined. [J. A student shall take the requisite Maryland High School (1) “Combined score” means the total of the passing scores Assessment during its next regular administration if the student established by the Department on the Maryland High School received credit for taking, by the methods identified in §§B—I of this Assessments in algebra[/data analysis], biology, English, and regulation, any of the following courses aligned with the High School government. Assessment: (2)—(4) (text unchanged) (1) Algebra/data analysis; (5) “Maryland High School Assessments” means the tests in (2) Biology; algebra [/data analysis], biology, English, and government developed (3) English; or or adopted by the Department that are aligned with and measure a (4) Government.] student’s skills and knowledge as set forth in the content standards [.06] .05 Student Service. for those subjects. [Students] To graduate, students shall complete one of the (6) (text unchanged) following: A.—B. (text unchanged)

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 697 [.07] .06 [State] Maryland High School Assessments. requirements and shall not describe the option used to meet the A. A student shall take the requisite Maryland High School requirement. Assessment during its next regular administration if the student (2) For the purpose of this section, “met all assessment received credit for taking, by the methods identified in Regulations requirements” means achieving a passing score on all Maryland .03 and .04 of this chapter, any of the following courses aligned with High School Assessments, or meeting the requirements of the the Maryland High School Assessment: combined score option, or successfully completing a Bridge Plan in (1) Algebra; those assessment areas that the student did not pass. (2) Biology; (3) English; or .07 Notice to Parents or Guardians and Students. (4) Government. A. Each principal shall inform all students and their parents or [A.] B. [Beginning with the 2001—2002 school year, to] To be guardians annually at a minimum of the following: awarded the Maryland High School Diploma, all students, including (1) Maryland’s graduation requirements; elementary and middle school students who take high school level (2) The student’s progress on fulfilling the credit, Maryland courses, shall take the Maryland High School Assessment for algebra High School Assessment, service, and applicable IEP requirements [/data analysis], biology, English, and government after the student for graduation; completes the required course. (3) The results of each Maryland High School Assessment [B. Beginning with the 2001—2002 school year, for elementary taken or Bridge Plan completed by the student. and middle school students who take high school level courses, and (4) A plan for appropriate assistance, if applicable; and for students entering the ninth grade, the student’s performance on (5)The Department’s schedule for Maryland School Assessment the Maryland High School shall be reported on the student’s and the Maryland High School Assessment administration. permanent record. .08 Grading and Reporting. C. Except as provided in Regulation .12B of this chapter, A. Each local school system shall develop a written policy on beginning with students who enter ninth grade in 2005, to be awarded grading and reporting that complies with the student record a diploma, a student shall satisfy one of the assessment options requirements as set forth in COMAR 13.A.08.02. provided in Regulation .09B of this chapter.] B. On October 1 of each school year, each local school system [D. Appropriate Assistance.] shall file its policies on grading and reporting with State [(1)] C. (text unchanged) Superintendent of Schools. [(2)] D. Each student who fails a Maryland High School Assessment shall be provided [the] one opportunity to retake the .09 Diplomas and Certificates. appropriate assessment in accordance with the testing schedule issued A. The types of diplomas and certificates specified in §§B—D of by the Department. this regulation shall be awarded to[:]any student who meets the E. Bridge Plan for Academic Validation. requirements for award. (1) Eligibility Criteria. A student shall participate in the [(1) Students entering grade 9 in the 2005—2006, 2006—2007, Bridge Plan for Academic Validation if the student has: and 2007—2008 school years who graduated on or before the school (a) Failed one or more Maryland High School Assessments year 2010—2011; twice; (2) Students entering grade 9 in the 2008—2009, 2009—2010, (b) Received a passing grade and earned credit in the 2010—2011, 2011—2012, and 2012—2013 school years except that course or courses related to the assessment or assessments; a passing score on the Maryland High School Assessment in (c) Demonstrated overall satisfactory attendance in the most government shall not be a graduation requirement; and recent school year completed; and (3) Students entering grade 9 in the 2013—2014 school year (d) Demonstrated satisfactory progress toward achieving and each school year thereafter.] the high school diploma requirements specified in COMAR B. Maryland High School Diploma. Except as provided in 13A.03.02.09B(1) and (2); and Regulation [.12B] .12 of this chapter, to be awarded a Maryland high (e) Participated successfully in appropriate assistance as school diploma, a student shall: defined in §C of this regulation after having failed one or more of the (1)—(2) (text unchanged) Maryland High School Assessments. (3) Satisfy one of the following: (2) The Bridge Plan for Academic Validation shall consist of: (a) Achieve a passing score as established by the (a) Specific modules developed by the Department in each of Department on the Maryland High School Assessments for the Maryland High School Assessments content areas; algebra[/data analysis], biology, English, and government; (b) The assignment by the local school system of one or (b) Achieve an overall combined score as established by the more modules for completion by each student meeting the eligibility Department on the Maryland High School Assessments for criteria; algebra[/data analysis], biology, English, and government; (c) Scoring by the local review panels of the completed (c) Achieve a score as established by the Department on modules according to State-developed, Statewide scoring protocols; Department-approved substitute assessments for algebra[/data (d) A recommendation from the local review panels to the analysis], biology, English, and government, aligned with the local superintendent as to the outcome of the scoring of each Maryland High School Assessments such as Advanced Placement student’s module or modules; examinations, SAT I, SAT II, and International Baccalaureate (e) Acceptance or rejection by the local superintendent of examinations; or the local review panel’s recommendations; and (d) If the student is unable to meet the requirements in (f) An opportunity for the student to appeal the local §B(3)(a)—(c) of this regulation, then satisfactorily complete the superintendent’s decision to the State Superintendent of Schools. requirements of the Bridge Plan for Academic Validation as set forth F. Reporting Student Performance. in [§F] Regulation .06E of this [regulation] chapter. (1) A school system shall state on the student’s performance C. (text unchanged) record card only that the student has or has not met all assessment

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 698 D. Maryland High School Certificate of Program Completion. (e) Participated successfully in appropriate assistance as (1) This certificate shall be awarded only to students with defined in COMAR 13A.03.02.07D after having failed one or more disabilities who cannot meet the requirements for a diploma but who of the High School Assessments.] meet the following standards: (a) The student is enrolled in an education program for at .09-1 Appeal of Denial of Diploma for Failure to Meet [HSA] least 4 years beyond grade 8 or its age equivalent, and is determined Maryland High School Assessment Requirement. by an IEP team, with the agreement of the student and the parents of A. A school system shall notify each senior and the senior’s the student [with disabilities], to have developed appropriate skills for parents or guardians on or before the end of February of the senior the individual to enter the world of work, act responsibly as a citizen, year if a student may not graduate. The notice shall explain: and enjoy a fulfilling life, with the world of work including but not (1)—(2) (text unchanged) limited to: (3) That a waiver of the Maryland High School Assessment (i) Gainful employment; [(HSA)] graduation requirement may be one of the options, if the [(ii) Work activity centers; student meets the criteria set forth in §§C and E of this regulation; (iii) Sheltered workshops; and] (4)—(5) (text unchanged) [(iv)] (ii) Supported employment; [or] and B. (text unchanged) (iii) Day programming; or C. On or before April 1, the school system shall identify each (b) (text unchanged) student who may fail to graduate because: (2) (text unchanged) (1) The student has taken none of the required [HSAs] (3) The decision to award a student with disabilities a Maryland Maryland High School Assessments; or High School Certificate of Program Completion will not be made (2) The student has taken some or all of the [HSAs] Maryland until after the beginning of the student’s last year in high school High School Assessments and failed some or all of them. [unless the student is participating in the alternative Maryland School D. (text unchanged) Assessment Program (alt-MSA)]. E. By April 1, for each senior identified in §C of this regulation, (4) A student with significant cognitive disability may not meet the school principal shall consider whether to recommend to the local high school graduation requirements, in accordance with §B of this superintendent a waiver of the [HSA] Maryland High School regulation, if a student: Assessment graduation requirements that the student has not fulfilled (a) Participates in an Alternative Assessment based on to date if: Alternative Academic Achievement Standards (AA-AAAS); and (1) The student meets the following criteria: (b) Continues to receive instruction based on Alternative (a) (text unchanged) Academic Achievement Standards through high school. (b) The student has or will take all required [HSAs] (5) If a student participates in a graduation ceremony prior to Maryland High School Assessments before the graduation date; and the completion of the student’s education program, at the ceremony (c) (text unchanged) the school system shall issue to the student a Certificate of (2) The student is prevented from meeting the [HSA] Maryland Achievement or other similarly titled certificate in place of a High School Assessment graduation requirements because: diploma. [(a) Of a decision made by the local school system about E. (text unchanged) scheduling, course sequencing, or test taking;] [F. Bridge Plan for Academic Validation. [(b)] (a) Of a decision made by the local school system (1) The Bridge Plan for Academic Validation shall consist of: concerning the provision of [adequate interventions] appropriate (a) Specific modules developed by the Department in each assistance as required by Regulation [.07D] .06C of this chapter; of the High School Assessment content areas; [(c)] (b) The student experienced a special, extraordinary, or (b) The assignment by the local school system of one or extenuating circumstance or combination of circumstances preceding more modules for completion by each student meeting the eligibility the administration of the most recent [HSA] Maryland High School criteria; Assessment, such as a recent death in the immediate family, a serious (c) Scoring by local review panels of the completed modules or prolonged illness or pregnancy with medical complications, an according to State-developed, Statewide scoring protocols; accident causing serious injury, or a destructive house fire; (d) A recommendation from the local review panels to the [(d)] (c) (text unchanged) local superintendent as to the outcome of the scoring of each [(e)] (d) The student moved to Maryland in the senior year, student’s module or modules; has passed all the [HSA] Maryland High School Assessment courses, (e) Acceptance or rejection by the local superintendent of but has failed the related [HSA] Maryland High School Assessment, the local review panel’s recommendations; and and has had no adequate opportunity for intervention. (f) An opportunity for the student to appeal the local F. On or about April 1, the principal shall notify the student and superintendent’s decision to the State Superintendent of Schools. the student’s parents or guardians that the student is being considered (2) Eligibility Criteria. A student may participate in the Bridge for a waiver of the [HSA] Maryland High School Assessment Plan for Academic Validation if the student has: graduation requirements that the student has not fulfilled to date. The (a) Failed one or more High School Assessments at least notice shall explain the waiver decision-making process. twice; G. On or before May 1, the principal of the high school shall make (b) Received a passing grade and earned credit in the course an [HSA] Maryland High School Assessment waiver or courses related to the assessment or assessments; recommendation to the local superintendent for each student who (c) Demonstrated overall satisfactory attendance in the most meets the criteria set forth in §E of this regulation with the recent school year completed; participation of: (d) Demonstrated satisfactory progress toward achieving the (1)—(4) (text unchanged) high school diploma requirements specified in COMAR H.—K. (text unchanged). 13A.03.02.09B(1) and (2); and

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 699 L. The decision of the State Superintendent may be appealed to (b) Factors to be used in determining grades; the circuit court pursuant to Maryland Rules 7-201, et seq. On appeal: (c) Reporting contacts between parent (guardian) and (1) If the State Superintendent has reversed the local teacher; and superintendent’s decision to deny the [HSA] Maryland High School (d) Compliance with the student record requirements as set Assessment waiver and the local school system appeals that decision, forth in COMAR 13A.08.02. the State Superintendent shall defend the decision on appeal; or (2) Each local school system shall file its policies on grading (2) (text unchanged) and reporting with the State Superintendent of Schools.] M.—N. (text unchanged) [O. Section E(2)(a) of this regulation shall sunset on June 30, 2010 LILLIAN M. LOWERY, Ed.D. with no further action of the State Board of Education.] State Superintendent of Schools [P] O. Section E(2)[(b)] (a) of this regulation, upon review, approval, and promulgation of an amendment of these Regulations by Subtitle 04 SPECIFIC SUBJECTS the State Board of Education, shall sunset on June 30, 2015. 13A.04.12 Program in Mathematics .12 General Provisions. A. (text unchanged) Authority: Education Article, §§2-205(h) and 7-205.1, Annotated Code of B. Transfer Students. Maryland (1) (text unchanged) Notice of Proposed Action (2) Maryland High School Assessment Exemption Requirements. [14-176-P] (a) A student who transfers from a nonpublic school or a The Maryland State Board of Education proposes to amend school out of State is exempt from one or more of the Maryland High Regulation .01 under COMAR 13A.04.12 Program in School Assessments if, consistent with local school system policy Mathematics. This action was considered at the April 22, 2014 and procedure, the principal of the Maryland public school in which meeting of the State Board of Education. the student enrolls determines that the course taken is aligned with Statement of Purpose the relevant Maryland High School Assessment and awards the The purpose of this action is to be in compliance with the College student credit for taking any of the courses aligned with the Maryland and Career Readiness and College Completion Act of 2013 (Senate High School Assessments, that is, algebra[/data analysis], biology, Bill 740) by requiring 4 years of math during high school for each English, or government, or all of these, in accordance with the ninth grade student entering high school beginning in the fall of 2014 principles set forth in §B(2)(c) of this regulation. and to align the mathematics standards to the Maryland College and (b) A student who transfers from a nonpublic school or a Career Ready Standards. school out of State and has not received credit for algebra[/data analysis] but has demonstrated mastery of the [core learning goals] Comparison to Federal Standards Maryland College and Career Ready Standards [of] for algebra[/data There is no corresponding federal standard to this proposed action. analysis] either through an evaluation or successful completion of Estimate of Economic Impact subsequent mathematics courses for which algebra[/data analysis] is a I. Summary of Economic Impact. Because students are now prerequisite is exempt from the Maryland High School Assessment required to enroll in a mathematics course every year they are in high for algebra[/data analysis]. school, additional staffing may be required by local school systems. (c) To award credit for taking any of the courses aligned with the Maryland High School Assessments, that is, algebra[/data Revenue (R+/R-) analysis], biology, English, or government, a principal shall II. Types of Economic Expenditure determine through the following considerations whether the transfer Impact. (E+/E-) Magnitude student demonstrates subject matter knowledge aligned with the content standards for the subject: (i)—(iv) (text unchanged) A. On issuing agency: NONE (d) —(e) (text unchanged) (3)—(4) (text unchanged) B. On other State agencies: NONE [C. Notice to Parents or Guardians and Students. Each principal C. On local governments: (E+) Unknown shall inform all students and their parents or guardians annually at a minimum of the following: Benefit (+) (1) Maryland’s graduation requirements; Cost (-) Magnitude (2) The student’s progress on fulfilling the credit, Maryland

High School Assessment, service, and applicable IEP requirements for graduation; D. On regulated industries or (3) The results of each Maryland High School Assessment trade groups: NONE taken by the student; (4) A plan for appropriate assistance, if applicable; and E. On other industries or (5) The Department’s schedule for Maryland School trade groups: NONE Assessment and Maryland High School Assessment administration. F. Direct and indirect effects D. Grading and Reporting. on public: NONE (1) Each local school system shall develop a written policy on III. Assumptions. (Identified by Impact Letter and Number from grading and reporting that shall include but not be limited to the Section II.) following: C. Positions for high school mathematics teachers. Some local (a) Establishment of instructional objectives and standards systems already require four credits of mathematics in high school, of performance for each course; but students may earn these four credits in fewer than four years.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 700 Economic Impact on Small Businesses demonstrate knowledge of the domains: Ratios and Proportional The proposed action has minimal or no economic impact on small Reasoning, The Number System, Expressions and Equations, businesses. Functions, Geometry, and Statistics and Probability. E.[Measurement. Students shall demonstrate knowledge of Impact on Individuals with Disabilities measurement by identifying attributes, units, or systems of The proposed action has no impact on individuals with disabilities. measurement by applying a variety of techniques, formulas, tools, or Opportunity for Public Comment technology.] For high school students, students should demonstrate Comments may be sent to Judy Jenkins, Director of Curriculum, knowledge of the conceptual categories: Number and Quantity, Maryland State Department of Education, Division of Curriculum, Algebra, Functions, Geometry, and Statistics and Probability. Assessment and Accountability, 200 West Baltimore Street, [F. Statistics. Students shall demonstrate knowledge of statistics Baltimore, Maryland 21201, or call 410-767-0348 (TTY 410-333- by collecting, organizing, displaying, analyzing, or interpreting data 6442), or email to [email protected], or fax to 410-333- to make decisions or predictions, using technology when appropriate. 2369. Comments will be accepted through July 14, 2014. A public G. Probability. Students shall demonstrate knowledge of hearing has not been scheduled. probability by using experimental methods or theoretical reasoning to determine probabilities to make predictions or solve problems about Open Meeting events whose outcomes involve random variation, using technology Final action on the proposal will be considered by the Maryland when appropriate. State Board of Education during a public meeting to be held on H. Number Relationships and Computation. Students shall August 26, 2014, at 200 West Baltimore Street, Baltimore, Maryland demonstrate knowledge of number relationships and 21201. arithmetic/computation by describing, representing, or applying numbers and shall estimate or compute using mental strategies, .01 Mathematics Instructional Programs for Grades Prekindergarten—12. paper/pencil, or technology. A. Each local school system shall: I. Processes of Mathematics. Students shall demonstrate (1) (text unchanged) knowledge of the processes of mathematics by making connections (2) Offer in public schools a mathematics program in grades and applying reasoning to solve problems and communicate their 9—12 [which enables students to meet graduation requirements and findings.] to select mathematics electives]. Beginning with students entering F. Standards for Mathematical Practice. Students in grade 9 in the 2014—2015 school year, each student shall enroll in a prekindergarten through high school shall demonstrate knowledge of mathematics course in each year of high school that the student the processes and proficiencies of mathematics: make sense of attends, up to a maximum of 4 years of attendance, unless in the 5th problems and persevere in solving them, reason abstractly and or 6th year a mathematics course is needed to meet a graduation quantitatively, construct viable arguments and critique the reasoning requirement and to select mathematics and mathematics-related of others, model with mathematics, use appropriate tools courses that shall include: strategically, attend to precision, look for and make use of structure, (a) Mathematics Transition Course; and look for and express regularity in repeated reasoning. (b) Algebra II; [J.] G. Curriculum Documents. Consistent with Education Article, (c) Pre-Calculus; §4-110, Annotated Code of Maryland, each local school system shall (d) Discrete Mathematics, provide mathematics curriculum documents for the elementary and (e) Linear Algebra; secondary schools under its jurisdiction that: (f) Probability and Statistics; (1) Include the content standards described in §§C—[I] F of (g) AP© Computer Science; this regulation; and (h) AP© Calculus (A/B); (2) Are aligned with the [Voluntary State Curriculum as (i) AP© Calculus (B/C);or developed by the Maryland State Department of Education in (j) A Computer Science course that is not AP© Computer collaboration with local school systems] Maryland College- and Science if the local school system determines the course meets the Career-Ready Standards as developed by the Maryland State mathematics standards required by this regulation. Department of Education in collaboration with local school systems. B. Maryland Mathematics Program. The comprehensive [K.] H. (text unchanged) instructional program shall provide for the diversity of student needs, LILLIAN M. LOWERY, Ed.D. abilities, and interests at the early, middle, and high school learning State Superintendent of Schools years. Each local school system shall include the content standards in §§C—[I]F of this regulation in its curriculum. C. [Algebra, Patterns, and Functions. Students shall demonstrate knowledge of algebra, patterns, and functions by algebraically representing, modeling, or solving mathematical or real-world problems involving patterns or functional relationships, using technology when appropriate.] For prekindergarten through grade 5, students shall demonstrate knowledge of the domains: Number, Counting and Cardinality, Number Operations and the Problems They Solve, Numbers in Base Ten, Number – Fractions, Measurement and Data Analysis, and Geometry. D. [Geometry. Students shall demonstrate knowledge of geometry by applying the properties of one-dimensional, two-dimensional and three-dimensional geometric figures to describe, reason, or solve problems about shape, size, position, or motion of objects, using technology when appropriate.] For grades 6—8, students shall

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 701 Subtitle 04 SPECIFIC SUBJECTS C. [General Reading Processes] Foundational Skills Pre-K—5. [(1) Phonemic Awareness. Students shall master the ability to 13A.04.14 Program in English Language hear, identify, and manipulate individual sounds in spoken words by the end of grade one. Arts/Literacy (2) Phonics. Students shall apply knowledge of letter and sound Authority: Education Article, §§2-205(c), 2-205(h), 7-202, and 7-205.1, relationships and word structure to decode unfamiliar words by the Annotated Code of Maryland end of grade four. (3) Fluency. Students shall read orally with accuracy and Notice of Proposed Action expression at a rate that sounds like speech. [14-172-P] (4) Vocabulary. Students shall use a variety of strategies and The Maryland State Board of Education proposes to amend opportunities to understand word meaning and to increase Regulation .01 under COMAR 13A.04.14 Program in English vocabulary. Language Arts/Literacy. This action was considered at the April 22, (5) Comprehension. Students shall use a variety of strategies to 2014 meeting of the Maryland State Board of Education. understand what they read (construct meaning).] Students shall Statement of Purpose develop and apply the foundational skills of reading (including print The purpose of this action is to align regulations with the concepts, phonological awareness, phonics and word recognition, Maryland College and Career Ready Standards. and fluency) necessary to proficiently read a range of grade level appropriate texts with purpose and understanding. Comparison to Federal Standards D. [Comprehension of Informational Text. Students shall read, There is no corresponding federal standard to this proposed action. comprehend, interpret, analyze, and evaluate informational texts.] Comprehension of Literary Text. Students shall read, comprehend Estimate of Economic Impact and analyze a wide range of grade appropriate literary texts that The proposed action has no economic impact. meet the grade level text complexity guidelines of the Maryland Economic Impact on Small Businesses College- and Career-Ready Standards for English Language The proposed action has minimal or no economic impact on small Arts/Literacy. businesses. E. [Comprehension of Literary Text. Students shall read, comprehend, interpret, analyze, and evaluate literary texts.] Impact on Individuals with Disabilities Comprehension of Informational Text. Students shall read, The proposed action has no impact on individuals with disabilities. comprehend, and analyze a wide range of grade appropriate Opportunity for Public Comment informational texts that meet the grade level text complexity Comments may be sent to Judy Jenkins, Director of Curriculum, guidelines of the Maryland College- and Career-Ready Standards for Maryland State Department of Education, Division of Curriculum, English Language Arts/Literacy. Assessment and Accountability, 200 West Baltimore Street, F. Writing. [Students shall compose effective expressive, Baltimore, Maryland, or call 410-767-0348 (TTY 410-333-6442), or informational, and persuasive writing.] Students shall use writing as email to [email protected], or fax to 410-333-2369. a way of offering and supporting opinions/claims, demonstrating Comments will be accepted through July 14, 2014. A public hearing understanding of the subjects they are studying, and conveying real has not been scheduled. and imagined experiences proficiently. G. [Controlling Language. Students shall control language by Open Meeting applying the conventions of Standard English.] Speaking and Final action on the proposal will be considered by the Maryland Listening. Students shall command the skills needed to effectively State Board of Education during a public meeting to be held on communicate in a variety of contexts (including face to face and August 26, 2014, at 200 West Baltimore Street, Baltimore, Maryland digital contexts) by presenting, listening and responding 21201. appropriately. [H. Listening. Students shall demonstrate effective listening to .01 [Reading and] English Language Arts/Literacy Instructional learn, process, and analyze information. Programs for Grades Prekindergarten — 12. I. Speaking. Students shall communicate effectively in a variety of A. Each local school system shall: situations with different audiences, purposes, and formats.] (1) Provide in public schools an instructional program in H. Language. Students will control the conventions of standard [reading and] English language arts/literacy each year for all students English grammar, usage, and mechanics as well as learn other ways in grades prekindergarten—5; to use language to convey meaning effectively through its structure (2) Provide in public schools an instructional program in and precise vocabulary. English language arts/literacy each year for all students in grades 6— I. Literacy. Students shall read complex informational texts with 8; and confidence and independence and write what they know about a [(3) Provide in public schools instruction in reading each year subject effectively when engaged in the study of history, social according to the identified needs of the students in grades 6—8; and] studies, science and technical subjects. [(4)](3) Offer an English language arts/literacy program in J. Curriculum Documents. Consistent with Education Article, [§4- grades 9—12 which enables students to meet graduation 110] §4-111, Annotated Code of Maryland, each local school system requirements and to select English language arts electives including shall provide [Reading and] English language arts/literacy curriculum English Language Arts/Literacy Transition Courses. documents for the elementary and secondary schools under its B. The Maryland [Reading and] English Language Arts/Literacy jurisdiction that: Program shall provide for the diversity of student needs, abilities, and (1) (text unchanged) interests at the early, middle, and high school years, and shall include (2) [Are aligned with the State Curriculum, as developed by the content standards set forth in §§C—I of this regulation. Maryland State Department of Education in collaboration with local school systems.] Are aligned with the Maryland College- and Career-Ready Standards for English Language Arts/Literacy as

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 702 developed by the Maryland State Department of Education in assistant in administration and supervision shall meet one of the collaboration with local school systems. following: K. (text unchanged) (1) Have completed a 4-year course in an approved college; or (2) Have achieved equivalent status in the judgment of the LILLIAN M. LOWERY, Ed.D. State Superintendent of Schools by having appropriate certification State Superintendent of Schools from the board controlling the professional practice of the specialty and 3 years experience in the special field.] Subtitle 12 CERTIFICATION C. This certificate is issued at the request of a local school superintendent. 13A.12.04 Administrators and Supervisors [C.] D. Special Provision. [An assistant in administration and supervision shall be exempt from the requirements for recent credit Authority: Education Article, §§2-205, 2-303(g), and 6-701—6-705, and credit for renewal of certificate unless required by the local Annotated Code of Maryland superintendent of schools.] An individual certified as Supportive Notice of Proposed Action Services Personnel must meet the certificate requirements as [14-173-P] specified in 12.01.06B—E. An individual with this certification may The Professional Standards and Teacher Education Board renew the Advanced Professional Certificate by presenting 6 proposes to amend Regulations .02 and .03 under COMAR semester hours of acceptable credit from an IHE or Department- 13A.12.04 Administrators and Supervisors. This action was approved Continuing Education Units (CEUs), a list of which is considered at the Professional Standards and Teacher Education maintained by the Department. Board meeting on April 3, 2014. .03 Superintendents. Statement of Purpose The requirements for certification as a superintendent, deputy The purpose of this action is to align these certification regulations superintendent, associate superintendent, assistant superintendent or to other existing regulations, requiring renewal credits for Regulation equivalent position are that the applicant shall: .02 and allowing reciprocity for the superintendent certification for [A. Meet the requirements for certification in early childhood Regulation .03. education, elementary education or a secondary education area;] [B.] A. (text unchanged) Comparison to Federal Standards [C.] B. Have 3 years of [successful] satisfactory teaching There is no corresponding federal standard to this proposed action. experience and 2 years of satisfactory administrative or supervisory experience in a PreK-12 school setting; and Estimate of Economic Impact [D.] C. [Have successfully completed a 2-year program with The proposed action has no economic impact. graduate courses in administration and supervision in an institution or Economic Impact on Small Businesses institutions approved by an accrediting agency recognized by the The proposed action has minimal or no economic impact on small State Superintendent of Schools. Graduate work under §B may be businesses. applied toward the requirements of this section, provided that a minimum of 60 semester hours of graduate work is presented.] Impact on Individuals with Disabilities Submit a minimum of 24 credits of post-master’s, graduate The proposed action has no impact on individuals with disabilities. coursework in educational administration and supervision to include Opportunity for Public Comment a balance of course work in the following: Comments may be sent to Jean Satterfield, Assistant State (1) Developing and Articulating Shared Vision; Superintendent, Division of Educator Effectiveness, Maryland State (2) Organizational Management; Board of Education, 200 West Baltimore Street, Baltimore, Maryland (3) Promoting and Maintaining a Positive School Culture and 21201, or call 410-767-0385 (TTY 410-333-6442), or email to Instructional Program for Learning; [email protected], or fax to 410-333-8963. Comments (4) Demonstrating Values and Ethics of Leadership; and will be accepted through July 14, 2014. A public hearing has not been (5) Collaboration with Diverse Stakeholders. scheduled. D. A superintendent who enters Maryland from another state may obtain superintendent certification if that superintendent held a valid Open Meeting professional state certificate and presents verification of at least 27 Final action on the proposal will be considered by the Professional months of satisfactory performance as a superintendent during the Standards and Teacher Education Board during a public meeting to past 7 years on the basis of which application is being made for a like be held on September 4, 2014, at 200 West Baltimore Street, or comparable Maryland certificate. Baltimore, Maryland 21201. LILLIAN M. LOWERY, Ed.D. .02 [Assistants in Administration and Supervision] Supportive State Superintendent of Schools Services Personnel. A. Purpose. The State Superintendent of Schools may certify as [an assistant in administration and supervision] Supportive Services Personnel a qualified employee of a local school system who is assigned to administrative or supervisory responsibilities not otherwise covered in these regulations, and who has responsibilities comparable to those assigned to persons who hold specific supervisory certificates. B. Education [and Experience]. An applicant for certification as Supportive Services Personnel shall have a bachelor’s degree or higher appropriate to the area of responsibility from an IHE. [an

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 703 (ii) The recurring use of space for instruction in Maryland Title 13B provided by another educational entity or any organization, whether or not a lease or purchase occurs; or MARYLAND HIGHER (iii) The maintenance in Maryland by a nonaccredited out-of-State institution or organization of any ongoing administrative EDUCATION COMMISSION or instructional activity that purports to contribute to the granting of degrees or postsecondary certificates or course credits. Subtitle 02 ACADEMIC (b) “Operate in Maryland” does not include the noninstructional activities of an out-of-State institution which is REGULATIONS accredited by an organization recognized as an accrediting agency by 13B.02.01 Requirements for Authorization for the U.S. Department of Education to grant institutional accreditation, that: Out-of-State Degree-Granting Institutions to (i) Maintains in Maryland space for noninstructional Operate in Maryland purposes, such as recruiting, registration, or other administrative purposes; Authority: Education Article, §§11-105(u), 11-201, and 11-202, Annotated (ii) Conducts periodic and temporary visits to Maryland Code of Maryland for the purposes of student recruitment or contact with an institution’s Notice of Proposed Action alumni; or [14-159-P] (iii) Maintains in Maryland a mailing address or a The Maryland Higher Education Commission proposes to amend telephone answering or relay service, or advertises such a presence. Regulation .03 and adopt new Regulation .04-1 under COMAR (c) “Operate in Maryland” does not include distance 13B.02.01 Requirements for Authorization for Out-of-State education that originates outside of Maryland.] Degree-Granting Institutions to Operate in Maryland. This action (12) “Operate in Maryland” means to: was considered by the Commission at an open meeting held on April (a) Establish or provide a location in the State for students 29, 2014, notice of which was given as required by State Government to receive synchronous or asynchronous instruction for credit leading Article, §10-506(c), Annotated Code of Maryland. to a degree or certificate; (b) Require students to physically meet in a location in the Statement of Purpose State for instructional purposes more than twice during a full-term The purpose of this action is to amend the definition of operating (quarter or semester) course for a total of more than 6 hours; or in Maryland, as it pertains to out-of-State institutions of higher (c) Have more than five students, in a single program, education operating in Maryland, and to establish reporting physically present at one or more sites in the State in a supervised requirements for out-of-State institutions of higher education having internship, practicum, or field experience as a required part of a a small number of students at sites in Maryland. degree or certificate program. (13) — (18) (text unchanged) Comparison to Federal Standards There is no corresponding federal standard to this proposed action. .04-1 Report by Out-of-State Institutions. Estimate of Economic Impact A. An out-of-State institution that has no more than five students in The proposed action has no economic impact. a single program at one or more sites in the State in a supervised internship, practicum, or field experience as a required part of a Economic Impact on Small Businesses degree or certificate program shall: The proposed action has minimal or no economic impact on small (1) Submit to the Secretary, by June 30 of each year, an annual businesses. report detailing the number of students placed at each internship, practicum, or field experience location; and Impact on Individuals with Disabilities (2) Register any online programs in accordance with The proposed action has no impact on individuals with disabilities. Education Article, §11–202.2, Annotated Code of Maryland. Opportunity for Public Comment B. The annual report to the Secretary shall be made in a form and Comments may be sent to Dr. Shawna Acker-Ball, Director, manner required by the Secretary. Academic Affairs, Maryland Higher Education Commission, 6 N. CATHERINE M. SHULTZ, Esq. Liberty St., 10th Floor, Baltimore, MD 21201, or call 410-767-3268, Acting Secretary of Higher Education or email to [email protected], or fax to 410-332-0270. Comments will be accepted through July 14, 2014. A public hearing has not been scheduled. .03 Definitions. A. (text unchanged) B. Terms Defined. (1) — (11) (text unchanged) [(12) Operate in Maryland. (a) “Operate in Maryland” means: (i) The maintenance in Maryland, for the purpose of offering instruction leading to a degree or certificate, or any instruction for credit, of a classroom (including a teleclassroom or a computer laboratory, or both, recruiting office, administrative office, or any other instructional space either through a lease or purchase of space;

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 704 Title 15 Subtitle 15 MARYLAND AGRICULTURAL LAND DEPARTMENT OF PRESERVATION FOUNDATION AGRICULTURE 15.15.12 Agricultural Subdivision Subtitle 15 MARYLAND Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of AGRICULTURAL LAND Maryland Notice of Proposed Action PRESERVATION FOUNDATION [14-161-P] 15.15.11 Corrective Agricultural Land The Secretary of Agriculture proposes to amend Regulations .04, Preservation Easements .05, and .07 under COMAR 15.15.12 Agricultural Subdivision. Statement of Purpose Authority: Agriculture Article, §§2-504, 2-509, and 2-513, Annotated Code of The purpose of this action is to clarify the requirements for the Maryland approval of an agricultural subdivision of a farm subject to an Notice of Proposed Action agricultural land preservation easement held by the Maryland [14-177-P] Agricultural Land Preservation Foundation. The Secretary of Agriculture proposes to amend Regulation .05 Comparison to Federal Standards under COMAR 15.15.11 Corrective Agricultural Land There is no corresponding federal standard to this proposed action. Preservation Easements. Estimate of Economic Impact Statement of Purpose The proposed action has no economic impact. The purpose of this action is to clarify the requirements and procedure for entering into a corrective easement on a farm subject to Economic Impact on Small Businesses an agricultural land preservation easement held by the Maryland The proposed action has minimal or no economic impact on small Agricultural Land Preservation Foundation. businesses. Comparison to Federal Standards Impact on Individuals with Disabilities There is no corresponding federal standard to this proposed action. The proposed action has no impact on individuals with disabilities. Estimate of Economic Impact Opportunity for Public Comment The proposed action has no economic impact. Comments may be sent to Carol West, Executive Director, Maryland Department of Agriculture, Maryland Agricultural Land Economic Impact on Small Businesses Preservation Foundation, 50 Harry S. Truman Parkway, Annapolis, The proposed action has minimal or no economic impact on small Maryland 21401, or call 410-841-5860, or email to businesses. [email protected], or fax to 410-841-5730. Comments will Impact on Individuals with Disabilities be accepted through June 16, 2014. A public hearing has not been The proposed action has no impact on individuals with disabilities. scheduled. Opportunity for Public Comment .04 Subdivision Prohibition. Comments may be sent to Carol West, Executive Director, A. — E. (text unchanged) Maryland Department of Agriculture, Maryland Agricultural Land F. Exceptions to Acreage Requirement. The Foundation may Preservation Foundation, 50 Harry S. Truman Parkway, Annapolis, permit resulting divided parcels of less than 50 acres of land if: Maryland 21401, or call 410-841-5860, or email to [(1) One of the following exists for the resulting divided parcel [email protected], or fax to 410-841-5730. Comments will comprised of less than 50 acres: be accepted through June 16, 2014. A public hearing has not been (a) The Foundation determines that physical limitations of scheduled. the land, including but not limited to, bodies of water, public roads, and steep slopes create constraints making the 50 acre minimum .05 Requirements upon Approvals. impractical, and the resulting parcel of less than 50 acres continues to A. — D. (text unchanged) meet minimum soils requirements as provided by COMAR E. If the funds and documentation required by this regulation are 15.15.01.03D independent of the original farm;] not provided by the landowner to the Foundation within 3 years of (1) The resulting parcel of less than 50 acres continues to meet Foundation board approval, then, unless an extension request is minimum soil requirements as provided by COMAR 15.15.01.03D submitted within 3 years and approved by Foundation staff, the independently of the original farm and one of the following approval is invalid. conditions exists for the resulting divided parcel comprised of less EARL F. HANCE than 50 acres: Secretary of Agriculture (a) The Foundation determines that there exists a physical separation of land, created by: (i) Bodies of water; (ii) Public roads; or (iii) Features that significantly restrict the movement of agricultural equipment from one portion of the land to another;

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 705 (b) The resulting divided parcel comprised of less than 50 acres is conveyed to owners of adjoining land encumbered by an Title 22 easement in favor of the Foundation, and both of the following occur: (i) The owner amends the easement encumbering the STATE RETIREMENT AND adjoining land [is amended] to encumber the resulting divided parcel, or an overlay easement in favor of the Foundation is placed over the PENSION SYSTEM entire acreage constituting the resulting divided parcel and the adjoining land; and Subtitle 01 GENERAL REGULATIONS (ii) (text unchanged) (c) The resulting divided parcel comprised of less than 50 22.01.03 Domestic Relations Orders acres [is conveyed to owners of adjoining land encumbered by an Authority: State Personnel and Pensions Article, §§21-110 and 21-502, easement containing terms which are acceptable to the Foundation Annotated Code of Maryland and an overlay easement in favor of the Foundation is placed over the entire acreage constituting the resulting divided parcel and the Notice of Change to Open Meeting adjoining land; and]: [14-126-P] (i) Is conveyed to owners of adjoining land encumbered The Open Meeting notice which appeared in 41:10 Md. R. 573 by an easement containing terms which are acceptable to the (May 16, 2014) has been changed. The correct notice follows. Foundation; and (ii) An overlay easement in favor of the Foundation is Open Meeting placed over the entire acreage constituting the resulting divided Final action on the proposal will be considered by the Board of parcel and the adjoining land. Trustees for the State Retirement and Pension System during a public (2) Text unchanged. meeting to be held on July 15, 2014, at 9:30 a.m., at 120 E. Baltimore G. — H. Text unchanged. Street, 16th Floor Board Room, Baltimore, Maryland 21202. R. DEAN KENDERDINE .05 Previously Unapproved Subdivision. Executive Director A. — B. (text unchanged) State Retirement Agency C. Requirements. An approval of the agricultural subdivision shall require that the owners comply with all of the requirements of this chapter, but, if any of the resulting divided parcels of the subdivision Subtitle 04 MEMBERSHIP are less than 50 acres, the Foundation may waive the 50-acre requirement if: 22.04.02 Membership in the Employees’ System [(1) At the time of the subdivision, the Foundation’s or the Teachers’ System — General regulations permitted the resulting divided parcels to be less than 50 acres;] Authority: State Personnel and Pensions Article, §§ 21-108, 21-110, 22-207, (1) At the time of the subdivision: 23-205, and 23-209, Annotated Code of Maryland (a) The Foundation’s regulations permitted the resulting Notice of Change to Open Meeting divided parcels to be less than 50 acres; or [14-132-P] (b) The subdivision met the requirements of Regulation 04F of this chapter. The Open Meeting notice which appeared in 41:11 Md. R. 632 (2) — (6) (text unchanged) (May 30, 2014) has been changed. The correct notice follows. .07 Requirements upon Approval. Open Meeting A. — B. (text unchanged) Final action on the proposal will be considered by the Board of C. If the funds and documentation required by this regulation are Trustees for the State Retirement and Pension System during a public not provided by the landowner to the Foundation within 3 years of meeting to be held on July 15, 2014, at 9:30 a.m., at 120 E. Baltimore Foundation board approval, then, unless an extension request is Street, 16th Floor Board Room, Baltimore, Maryland 21202. submitted within 3 years and approved by Foundation staff, the R. DEAN KENDERDINE approval is void. Executive Director EARL F. HANCE State Retirement Agency Secretary of Agriculture Subtitle 05 SERVICE CREDIT 22.05.01 Qualifying Leaves of Absence Authority: State Personnel and Pensions Article, §§21-110, 22-303.1, 22-304, 23-304.1, 23-306, 24-304.1, 24-305, 25-304.1, 25-305, 26-306, 26-306.1, [and] 28-306 and 28-306.1, Annotated Code of Maryland Notice of Proposed Action [14-156-P] The Board of Trustees for the Maryland State Retirement and Pension System proposes to amend Regulations .02 and .03 and adopt new Regulation .04 under COMAR 22.05.01 Qualifying Leaves of Absence. This action was considered at the December 17, 2013, Board of Trustees meeting for the State Retirement and Pension System.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 706 Statement of Purpose (ii) If the individual is separated from employment, within The purpose of this action is to define what a qualified leave of 60 days after the expiration of the leave of absence. absence is and clarify: (1) the length of time for a qualified leave of (2) A member may not receive eligibility or creditable service absence may not exceed 2 years; (2) the types of acceptable qualified credit for a [period of more than 2 years] qualifying leave of absence leaves of absence; (3) the process used by staff for the State if the individual is otherwise entitled to receive eligibility and Retirement Agency when determining creditable service and member creditable service during the period of the member’s absence under contributions for a qualified leave of absence; (4) the procedures that State Personnel and Pensions Article, Division II or III, Annotated a member should follow to properly file for a qualified leave of Code of Maryland. absence; and (5) when a qualified leave of absence ends and how that B. Benefit Calculation. date will impact a service or disability effective date of retirement. (1) [Eligibility and] Except as provided in §B(2) of this regulation, creditable service for a member on a qualifying leave of Comparison to Federal Standards absence shall be based on the full-time equivalent for the member’s There is no corresponding federal standard to this proposed action. position as certified by the member’s participating employer under Estimate of Economic Impact COMAR 22.04.01 on the effective date of the leave, and earnable The proposed action has no economic impact. compensation shall be based on the actual salary for the member’s position on the effective date of the leave. Economic Impact on Small Businesses (2) [The] For a member of the Employees’ Pension System, The proposed action has minimal or no economic impact on small Law Enforcement Officers’ Pension System, Local Fire and Police businesses. System, or Teachers’ Pension System who works on a part-time basis, Impact on Individuals with Disabilities creditable service for a qualifying leave of absence shall be pro- The proposed action has no impact on individuals with disabilities. rated, and earnable compensation [for a member on a qualifying leave of absence] shall be based on the full-time equivalent salary for Opportunity for Public Comment the member’s position on the effective date of the leave. Comments may be sent to Anne E. Gawthrop, Director, C. Member Contributions. Legislative Affairs, State Retirement Agency, 120 E. Baltimore (1) A member shall pay the Retirement Agency the member Street, 16th Floor, Baltimore, Maryland 21202, or call 410-625-5602, contributions as determined under this section, together with regular or email to [email protected], or fax to 410-468-1710. interest on the contributions compounded annually to the date of Comments will be accepted through July 14, 2014. A public hearing payment[, before retirement]. has not been scheduled. (2) [A member of the Correctional Officers’ Retirement System, Employees’ Retirement System, Teachers’ Retirement Open Meeting System, Employees’ Contributory Pension System, Teachers’ Final action on the proposal will be considered by the Board of Contributory Pension System, State Police Retirement System, and Trustees for the State Retirement and Pension System during a public the Law Enforcement Officers’ Pension System,] Except as provided meeting to be held on August 19, 2014, at 9:30 a.m., at 120 E. in §C(3) of this regulation, a member shall pay the member Baltimore Street, 16th Floor Board Room, Baltimore, Maryland contributions based on the [full-time equivalent] salary for the 21202. member’s position as of the effective date of the qualifying leave of .02 Definition. absence. “Qualifying leave of absence” means a leave of absence for a (3) A member of the Employees’ Pension System or the period not exceeding 2 years which is approved by a member’s Teachers’ Pension System who is not subject to the contributory employer for one of the following reasons: pension benefit[, or a member of the Local Fire and Police System] A. — C. (text unchanged) and who was receiving earnable compensation in excess of the Social D. [Government sponsored or subsidized employment, or both] Security taxable [wages] wage base on the effective date of the Temporary assignment with another governmental employer; or qualifying leave of absence shall pay the member contributions E. (text unchanged) payable on the excess. D. Filing Procedures. .03 Service Credit for a Qualifying Leave of Absence. (1) [The member’s employer shall provide a member with the A. Grant of Eligibility and Creditable Service [Credit] for a Retirement Agency application for] A member shall properly Qualifying Leave of Absence. complete and submit the form available from the Retirement Agency (1) Except as provided in §A(2) [and (3)] of this regulation, to request a qualifying leave of absence [form and the application [the Retirement Agency shall grant] to receive eligibility and shall conform to the requirements of §D(2) of this regulation]. creditable service [to a member whose] for a period of absence from (2) The [application] request for a qualifying leave of absence employment [is the result of] that is determined by the Retirement form shall: Agency to be a qualifying leave of absence, [for the period of the (a) State the [date a member’s] term of the leave approved member’s absence, if the member] a member shall: by the employer, not to exceed 2 years, including the dates that the (a) [Submits] Submit a completed [application for] form to qualifying leave of absence begins and ends; request a qualifying leave of absence form to the Retirement Agency (b) Specify the type of qualifying leave; as provided in §D of this regulation; and (c) Contain certification by the member’s employer that: [(b) Is not otherwise entitled to receive eligibility and (i) The employee was placed on a leave of absence for the creditable service credit during the period of the member’s absence term and reason specified on the form; and under State Personnel and Pensions Article, Division II or III, (ii) [Reflect that the] The leave of absence has been Annotated Code of Maryland; and] approved by a member’s employer; and [(c)] (b) [Pays] Pay the member contributions with regular [(c)] (d) Require the member to provide [other] any interest as provided under §C of this regulation [before retirement]: documentation or information that is [necessary for] requested by the (i) Before separation from employment; or Retirement Agency, including a letter of explanation from the member’s employer if the leave of absence has been approved for

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 707 [government sponsored or subsidized employment or service in a professional or employee organization] a temporary assignment with Title 26 another governmental employer. (3) Except as provided in §D(4) of this regulation, to protect a DEPARTMENT OF THE member’s benefits while on a qualifying leave of absence, including [the] any death [benefit] benefits, a member shall submit a completed ENVIRONMENT [application for] form requesting a qualifying leave of absence [form] to the Retirement Agency before the member is placed on the Subtitle 12 RADIATION qualifying leave of absence. A member’s employer representative may complete and submit [an application for a qualifying leave of MANAGEMENT absence] the form to the Retirement Agency on the member’s behalf. 26.12.01 Radiation Protection (4) Waiver of Filing Requirement. (a) The Executive Director may waive the requirements for Authority: Environment Article, §§8-106, 8-301, and 8-304, Annotated Code filing [the application for] a request for a qualifying leave of absence of Maryland form before a member is placed on a qualifying leave of absence on a Notice of Proposed Action showing by the member of good cause. [If the Executive Director [14-160-P-I] denies a request for a waiver, the denial shall be presented to the Board of Trustees for review.] The Secretary of the Environment proposes to amend Regulation (b) The Executive Director shall waive the requirement for .01 under COMAR 26.12.01 Radiation Protection. filing [an application] a request for a qualifying leave of absence Statement of Purpose form before a member is placed on a qualifying leave of absence for a The purpose of this action is to update COMAR 26.12.01.01 terminal illness for a period of up to 6 months following the last Incorporation by Reference to incorporate Supplement 24, which contribution or payroll report and shall treat the member as if the includes (a) two U.S. Nuclear Regulatory Commission rules relating member is on a qualifying leave of absence unless the employer to general radioactive materials licenses and technical regulation notifies the system to the contrary. corrections; (b) a change to the schedule for application for radioactive material license; (c) a requirement for thyroid shielding .04 Term of a Qualifying Leave of Absence. when an x-ray beam may strike a patient’s thyroid gland; (d) A. A qualifying leave of absence ends upon the earlier of: requirements for use by veterinarians of hand-held radiation (1) The end of the term of the leave approved by the member’s machines; and (e) minor changes and corrections. employer and determined by the Retirement Agency to be a qualifying leave of absence; Comparison to Federal Standards (2) The date the member returns to work with the member’s There is a corresponding federal standard to this proposed action, employer; or but the proposed action is not more restrictive or stringent. (3) Separation from employment. B. Unless the member returns to work with the member’s Estimate of Economic Impact employer or separates from employment, a request for a qualifying The proposed action has no economic impact. leave of absence may not be withdrawn or discontinued earlier than Economic Impact on Small Businesses the end of the term of the leave approved by the member’s employer The proposed action has minimal or no economic impact on small and determined by the Retirement Agency to be a qualifying leave of businesses. absence. C. An individual may not retire with a disability retirement Impact on Individuals with Disabilities allowance or a service retirement allowance prior to the earlier of: The proposed action has no impact on individuals with disabilities. (1) Separation from employment; or Opportunity for Public Comment (2) The expiration of a qualifying leave of absence. Comments may be sent to Michael D. Kurman, Regulations R. DEAN KENDERDINE Coordinator, Radiological Health Program, Air and Radiation Executive Director Management Administration, Maryland Department of the State Retirement Agency Environment, 1800 Washington Boulevard, Suite 750, Baltimore, Maryland 21230, or email to [email protected], or call 410-537-3208, or fax to 410-537-3198. Comments will be accepted through July 14, 2014. A public hearing has not been scheduled. The proposed regulation may be viewed on the MDE Website at http://www.mde.state.md.us/programs/Air/RadiologicalHealth/Regul ationsforControlofIonizingRadiation/Pages/Programs/AirPrograms/R adiological_Health/Regulations/index.aspx, or at official depository libraries throughout the State. A listing of these depository libraries is available at http://www.dsd.state.md.us/Depositories.aspx or call 410-974-2486 or 800-633-9657.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 708

Editor’s Note on Incorporation by Reference Opportunity for Public Comment Pursuant to State Government Article, §7-207, Annotated Code of Comments may be sent to Katrina Lawhorn, Regulations Maryland, the Regulations for the Control of Ionizing Radiation Coordinator, Maryland Insurance Administration, 200 St. Paul Place, (1994), as amended by Supplement 1 through Supplement 24, has Suite 2700, Baltimore, MD 21202, or call 410-468-2450, or email to been declared a document generally available to the public and [email protected], or fax to 410-468-2020. Comments appropriate for incorporation by reference. For this reason, it will not will be accepted through July 14, 2014. A public hearing has not been be printed in the Maryland Register or the Code of Maryland scheduled. Regulations (COMAR). Copies of this document are filed in special .02 Definitions. public depositories located throughout the State. A list of these A. (text unchanged) depositories was published in 41:1 Md. R. 9 (January 10, 2014), and B. Terms Defined. is available online at www.dsd.state.md.us. The document may also (1) “Accredited reinsurer” means an unauthorized insurer who be inspected at the office of the Division of State Documents, 16 is accepted by the Commissioner to act as a reinsurer in the State Francis Street, Annapolis, Maryland 21401. under Insurance Article, [§5-905] §5-906, Annotated Code of Maryland. .01 Incorporation by Reference. (2) (text unchanged) All provisions of the “Regulations for the Control of Ionizing (3) Grantor. Radiation (1994)” as amended by Supplement 1 through Supplement (a) (text unchanged) [23] 24 are incorporated by reference. (b) When established in conjunction with a reinsurance ROBERT M. SUMMERS, Ph.D. [agreement] contract, the grantor is the unauthorized unaccredited Secretary of the Environment assuming insurer. (4) “Liabilities”, as used in Regulations .08—.11 of this chapter, means the assuming insurer’s gross liabilities attributable to Title 31 reinsurance ceded by U.S. domiciled insurers that are not otherwise secured by acceptable means, and shall include: MARYLAND INSURANCE (a) (text unchanged) (b) (text unchanged) ADMINISTRATION (5) “Mortgage-related security”, as used in Regulation .10 of this chapter, means an obligation that is rated AA or higher (or the Subtitle 05 ASSETS, LIABILITIES, equivalent) by a [securities rating agency recognized] nationally recognized statistical rating organization approved by the Securities RESERVES, AND INVESTMENTS OF Valuation Office and that either: (a) — (b) (text unchanged) INSURERS (6) “NAIC” means National Association of Insurance 31.05.08 Credit for Reinsurance Commissioners. [(6)] (7) — [(7)] (8) (text unchanged) Authority: Insurance Article, §§1-101(jj), 2-109, 2-205, 2-209, and 5-901— (9) “Qualified jurisdiction” has the meaning set forth in [5-905] 5-916, Annotated Code of Maryland Insurance Article, §5-901(d), Annotated Code of Maryland. Notice of Proposed Action [(8)] (10) (text unchanged) [14-165-P] (11) “Reinsurance intermediary” has the meaning set forth in Insurance Article, §8-501(e), Annotated Code of Maryland. The Insurance Commissioner proposes to amend Regulations [(9)] (12) “Securities Valuation Office” refers to the Securities .02—.05, .08—.10, .12, .14—.20, and .23, repeal Regulations .07, Valuation Office of the [National Association of Insurance .13, .21, and .24, and adopt new Regulations .07 and .24 — .27 under Commissioners (NAIC)] NAIC. COMAR 31.05.08 Credit for Reinsurance. .03 Credit for Reinsurance. Statement of Purpose The Commissioner shall allow a domestic authorized insurer The purpose of this action is to implement changes made to credit as an asset or deduction from liability for reinsurance that the Insurance Article, Title 5, Subtitle 9, Annotated Code of Maryland, insurer obtains, if the reinsurance is obtained: by Ch. 321, Acts of 2013, and are based upon recent amendments to A. — C. (text unchanged) model law and regulation developed by the National Association of D. When required by law pursuant to Regulation .12 of this Insurance Commissioners entitled “Credit for Reinsurance Model chapter; [or] Law” (No. 785) and “Credit for Reinsurance Regulation” (No. 786), E. From an unauthorized reinsurer pursuant to Regulations .14— respectively. .23 of this chapter[.]; or Comparison to Federal Standards F. From a certified reinsurer pursuant to Regulations .24, .25, and There is no corresponding federal standard to this proposed action. .27 of this chapter. Estimate of Economic Impact The proposed action has no economic impact. .04 Approval Required for Accreditation of Reinsurer. An unauthorized insurer may not act as an accredited reinsurer in Economic Impact on Small Businesses the State, unless the Commissioner accepts the insurer as a reinsurer The proposed action has minimal or no economic impact on small under Insurance Article, [§5-905] §5-906, Annotated Code of businesses. Maryland. Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 709 .05 Requirements for Accredited Reinsurer. C. For continued eligibility as an accredited reinsurer, an A. The Commissioner shall allow credit for reinsurance ceded by applicant shall, by May 30 of each year, file with the Commissioner: a domestic insurer to an assuming insurer that is accredited as a (1) A properly executed NAIC Form AR-1 Certificate of reinsurer in this State as of the date on which statutory financial Assuming Insurer as evidence that the applicant agrees to submit to statement credit for reinsurance is claimed. the jurisdiction of the State and to the Commissioner’s authority to [A.] B. [For approval] For initial eligibility as an accredited examine its books and records; reinsurer, an applicant shall [by May 30 of each year an applicant (2) If reinsuring a life insurer, a certificate of valuation issued shall] file with the Commissioner: by the insurance regulatory agency of the applicant’s state of (1) [A certified copy of its annual statement for the preceding domicile if a foreign insurer, or state of entry if an alien insurer; calendar year] An appointment of the Commissioner as its attorney to (3) An annual statement fee pursuant to Insurance Article, §2- receive legal process issued against the applicant in the State on a 112(a)(8), Annotated Code of Maryland, and an annual fraud form approved by the Commissioner; prevention fee pursuant to Insurance Article, §6-203(a), Annotated (2) [Evidence that the insurer is licensed to transact insurance Code of Maryland; or reinsurance in at least one state or, in the case of a U.S. branch of (4) A Maryland Insurance Administration Reinsurance an alien insurer, is entered through and licensed to transact insurance Application; and or reinsurance in at least one state] A properly executed NAIC Form (5) Upon request of the Commissioner: AR-1 Certificate of Assuming Insurer as evidence that the applicant (a) A certified copy of its annual statement for the preceding agrees to submit to the jurisdiction of the State and to the calendar year; Commissioner’s authority to examine its books and records; (b) Evidence that the insurer is licensed to transact (3) (text unchanged) insurance or reinsurance in at least one state or, in the case of a U.S. [(4) An appointment of the Commissioner as its attorney to branch of an alien insurer, is entered through and licensed to receive legal process issued against the applicant in the State on a transact insurance or reinsurance in at least one state; form approved by the Commissioner; (c) An audited financial report for the preceding calendar (5) An audited financial report for the preceding calendar year year prepared by an independent certified public accountant; prepared by an independent certified public accountant; (d) A certificate of deposit issued by the official custodian of (6) A certificate of deposit issued by the official custodian of deposits of the applicant’s state of domicile if a foreign insurer, or deposits of the applicant’s state of domicile if a foreign insurer, or state of entry if an alien insurer; state of entry if an alien insurer; (e) A copy of the report of the last examination made of the (7) A copy of the report of the last examination made of the applicant by the insurance regulatory agency of the applicant’s state applicant by the insurance regulatory agency of the applicant’s state of domicile if a foreign insurer, or state of entry if an alien insurer; of domicile if a foreign insurer, or state of entry if an alien insurer; and (8) A properly executed Form AR-1 (see Regulation .24 of this (f) Any other document or information that the chapter), as evidence that the applicant agrees to submit to the Commissioner considers necessary to determine continued eligibility jurisdiction of the State and to the State’s authority to examine its to act as an accredited reinsurer. books and records;] [B.] D. Surplus. [(9)] (4) An annual statement fee [of $1,000; and] pursuant to [(1)] An [applicant] accredited reinsurer shall maintain a Insurance Article, §2-112(a)(8), Annotated Code of Maryland, and surplus as regards [policyholder] policyholders [surplus] in an an annual fraud prevention fee pursuant to Insurance Article, §6- amount not less than $20,000,000 [and shall have its accreditation 203(a), Annotated Code of Maryland; approved by the Commissioner in order to be accepted as an (5) A Maryland Insurance Administration Reinsurance accredited reinsurer]. Application; and [(2) Once accepted as an accredited reinsurer, the insurer shall (6) Upon request of the Commissioner: thereafter maintain policyholder surplus in an amount not less than (a) A certified copy of its annual statement for the preceding $20,000,000 as a condition of continuing as an accredited reinsurer. calendar year; (3) An insurer that is designated by the Commissioner as an (b) Evidence that the insurer is licensed to transact accredited reinsurer as of the effective date of this regulation and insurance or reinsurance in at least one state or, in the case of a U.S. whose policyholder surplus is below $20,000,000 shall have until branch of an alien insurer, is entered through and licensed to December 31, 2007, to meet that requirement, and shall maintain that transact insurance or reinsurance in at least one state; minimum policyholder surplus thereafter as a condition of continuing (c) An audited financial report for the preceding calendar as an accredited reinsurer.] year prepared by an independent certified public accountant; (d) A certificate of deposit issued by the official custodian of .07 Suspension or Revocation of Accreditation. deposits of the applicant’s state of domicile if a foreign insurer, or Contracts not qualifying for credit after suspension or revocation state of entry if an alien insurer; beyond secured obligations: (e) A copy of the report of the last examination made of the A. While a reinsurer’s accreditation or certification is suspended, applicant by the insurance regulatory agency of the applicant’s state a reinsurance contract issued or renewed after the effective date of of domicile if a foreign insurer, or state of entry if an alien insurer; the suspension does not qualify for credit except to the extent the and reinsurer’s obligations under the contract are secured in accordance (f) Any other document or information that the with Insurance Article, §5-914, Annotated Code of Maryland. Commissioner considers necessary to determine eligibility to act as B. If a reinsurer’s accreditation or certification is revoked, credit an accredited reinsurer. for reinsurance may not be granted after the effective date of the [(10) Any other document or information that the revocation except to the extent that the reinsurer’s obligations under Commissioner considers necessary for acceptance to act as an the contract are secured in accordance with Insurance Article, §5- accredited reinsurer.] 911 or 5-914, Annotated Code of Maryland.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 710 .08 Credit for Reinsurance—Reinsurers Maintaining Trust every state in which the ceding insurer beneficiaries of the trust are Funds for Multiple Cedents—General Requirements. domiciled. The trust instrument shall provide that: A. (text unchanged) (1) — (3) (text unchanged) B. The assuming insurer shall report annually to the (4) The trust shall remain in effect for as long as the assuming Commissioner substantially the same information as that required to insurer, or any member or former member of a group of insurers, be reported on the National Association of Insurance Commissioners shall have outstanding obligations under reinsurance [agreements] (NAIC) annual statement form by [licensed] authorized insurers, to contracts subject to the trust; and enable the Commissioner to determine the sufficiency of the trust (5) (text unchanged) fund. B. Inadequate Trust Funds. C. Categories of Assuming Insurer. (1) Notwithstanding any other provisions in the trust (1) The requirements of this section apply to the categories of instrument, if the trust fund is inadequate because it contains an assuming insurer described in this section. amount less than the amount required by Regulation .08C of this (2) The trust fund for a single assuming insurer shall consist of chapter or if the grantor of the trust has been declared insolvent or funds in trust in an amount not less than the assuming insurer’s placed into receivership, rehabilitation, liquidation, or similar liabilities attributable to reinsurance ceded by U.S. domiciled proceedings under the laws of its state or country of domicile, the insurers, and in addition, the assuming insurer shall maintain a trustee shall comply with an order of the [commissioner] insurance trusteed surplus in excess of the assuming insurer’s obligations of not regulatory agency with regulatory oversight over the trust or with an less than $20,000,000 except as provided in §C (3) of this regulation. order of a court of competent jurisdiction directing the trustee to (3) At any time after the assuming insurer has permanently transfer to the [commissioner] insurance regulatory agency with discontinued underwriting new business secured by the trust for at regulatory oversight over the trust or other designated receiver all of least 3 full years, the insurance regulatory agency with principal the assets of the trust fund. regulatory oversight of the trust may authorize a reduction in the (2) The assets shall be distributed by and claims shall be filed required trusteed surplus, but only after a finding, based on an with and valued by the [commissioner] insurance regulatory agency assessment of the risk, that the new required surplus level is adequate with regulatory oversight over the trust in accordance with the laws for the protection of U.S. ceding insurers, policyholders, and of the state in which the trust is domiciled applicable to the claimants in light of reasonably foreseeable adverse loss liquidation of domestic insurance companies. development. The risk assessment may involve an actuarial review, (3) If the [commissioner] insurance regulatory agency with including an independent analysis of reserves and cash flows, and regulatory oversight over the trust determines that the assets of the shall consider all material risk factors, including, when applicable, trust fund or any part of the assets are not necessary to satisfy the the lines of business involved, the stability of the incurred loss claims of the U.S. beneficiaries of the trust, the [commissioner] estimates, and the effect of the surplus requirements on the assuming insurance regulatory agency with regulatory oversight over the trust insurer’s liquidity or solvency. The minimum required trusteed shall return the assets, or any part of the assets, to the trustee for surplus may not be reduced to an amount less than 30 percent of the distribution in accordance with the trust agreement. assuming insurer’s liabilities attributable to reinsurance ceded by (4) (text unchanged) U.S. ceding insurers covered by the trust. [(3)] (4) Trust Funds for Groups—General Requirements. .10 Credit for Reinsurance—Reinsurers Maintaining Trust (a) The trust fund for a group including incorporated and Funds for Multiple Cedents—Assets Deposited in the individual unincorporated underwriters shall consist of: Trust. (i) For reinsurance ceded under reinsurance [agreements] A. Assets deposited in the trust shall be valued according to their contracts with an inception, amendment, or renewal date on or after current fair market value and shall consist only of cash in U.S. [August 1, 1995] January 1, 1993, funds in trust in an amount not dollars, certificates of deposit issued by a qualified U.S. financial less than the [group’s] respective underwriters’ several liabilities institution, clean, irrevocable, unconditional and “evergreen” letters attributable to business ceded by U.S. domiciled ceding insurers to of credit issued or confirmed by a qualified U.S. financial institution, any [member] underwriter of the group; and investments of the type specified in this regulation, but (ii) For reinsurance ceded under reinsurance [agreements] investments in or issued by an entity controlling, controlled by, or contracts with an inception date on or before [July 31, 1995] under common control with either the grantor or beneficiary of the December 31, 1992, and not amended or renewed after that date, trust may not exceed 5 percent of total investments. notwithstanding the other provisions of this regulation, funds in trust B. — C. (text unchanged) in an amount not less than the [group’s] respective underwriters’ D. The assets of a trust established to satisfy the requirements of several insurance and reinsurance liabilities attributable to business Regulations .08—.11 of this chapter shall be invested only as written in the United States; and follows: (iii) (text unchanged) (1) Government obligations that are not in default as to (b) (text unchanged) principal or interest, that are valid and legally authorized and that are issued, assumed, or guaranteed by: .09 Credit for Reinsurance—Reinsurers Maintaining Trust (a) — (d) (text unchanged) Funds for Multiple Cedents—Trusts. (e) The government of any other country that is a member of A. Credit for reinsurance may not be granted unless the form of the Organization for Economic Cooperation and Development and the trust and any amendments to the trust have been approved by whose government obligations are rated A or higher, or the either the [commissioner] insurance regulatory agency of the state equivalent, by a [rating agency recognized] nationally recognized where the trust is domiciled or the [commissioner] insurance statistical rating organization approved by the Securities Valuation regulatory agency of another state who, pursuant to the terms of the Office; trust instrument, has accepted responsibility for regulatory oversight (2) Obligations that are issued in the United States, or that are of the trust. The form of the trust and any trust amendments also shall dollar denominated and issued in a non-U.S. market, by a solvent be filed with the [commissioner] insurance regulatory agency of U.S. institution (other than an insurance company), or that are assumed or guaranteed by a solvent U.S. institution (other than an

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 711 insurance company) and that are not in default as to principal or .14 Reduction from Liability for Reinsurance. interest if the obligations: A. — B. (text unchanged) (a) Are rated A or higher (or the equivalent) by a [securities C. Forms of Security Under Reinsurance Contract. rating agency recognized] nationally recognized statistical rating (1) The Commissioner shall accept the following as security organization approved by the Securities Valuation Office, or, if not under a reinsurance contract: so rated, are similar in structure and other material respects to other (a) — (b) (text unchanged) obligations of the same institution that are so rated; (c) Any security that qualifies as an admitted asset and is (b) Are insured by at least one authorized insurer (other than listed by the Securities Valuation Office, including those deemed the investing insurer or a parent, subsidiary, or affiliate of the exempt from filing as defined by the Purposes and Procedures investing insurer) licensed to insure obligations in this State and, after Manual of the Securities Valuation Office; or considering the insurance, are rated AAA (or the equivalent) by a (d) (text unchanged) [securities rating agency recognized] nationally recognized statistical (2) (text unchanged) rating organization approved by the Securities Valuation Office; or D. Standards of Acceptability for Letters of Credit. (c) (text unchanged) (1) For acceptance as security under a reinsurance contract, a (3) Obligations issued, assumed, or guaranteed by a solvent letter of credit shall: non-U.S. institution chartered in a country that is a member of the (a) (text unchanged) Organization for Economic Cooperation and Development, or (b) Be issued or confirmed by a qualified U.S. financial obligations of U.S. corporations issued in a non-U.S. currency, institution authorized to issue letters of credit, pursuant to Regulation provided that in either case the obligations are rated A or higher, or [.02B(8)(b)] .02B(9)(b) of this chapter, and effective on or before the equivalent, by a [rating agency recognized] nationally recognized December 31 of the year for which the annual statement filing is statistical rating organization approved by the Securities Valuation made; Office; (c) — (e) (text unchanged) (4) (text unchanged) (2) — (8) (text unchanged) E. Equity Interests. (9) The letter of credit shall state whether it is subject to and (1) Investments in common shares or partnership interests of a governed by the laws of this State or the Uniform Customs and solvent U.S. institution are permissible if: Practice for Documentary Credits of the International Chamber of (a) (text unchanged) Commerce [(Publication 500)] Publication 600 (UCP 600), (b) The equity interests of the institution (except an International Standby Practices of the International Chamber of insurance company) are registered on a national securities exchange Commerce Publication 590 (ISP98), or any successor publication, as provided in the Securities Exchange Act of 1934, 15 U.S.C. §§78a and all drafts drawn thereunder shall be presentable at an office in the to 78kk or otherwise registered pursuant to that Act, and if otherwise U. S. of a qualified U. S. financial institution. registered, price quotations for them are furnished through a (10) If the letter of credit is made subject to the Uniform nationwide automated quotations system approved by the [National Customs and Practice for Documentary Credits of the International Association of Securities Dealers, Inc.] Financial Industry Chamber of Commerce [(Publication 500)] Publication 600 (UCP Regulatory Authority or successor organization; and 600), International Standby Practices of the International Chamber (c) (text unchanged) of Commerce Publication 590 (ISP98), or any successor publication, (2) Investments in common shares of a solvent institution then the letter of credit shall specifically address and provide for an organized under the laws of a country that is a member of the extension of time to draw against the letter of credit in the event that Organization for Economic Cooperation and Development are one or more of the occurrences specified in Article 17 of Publication permissible if: 500, or any other successor publication, occur. (a) All its obligations are rated A or higher, or the (11) ) If the letter of credit is issued by a [qualified U.S.] equivalent, by a [rating agency recognized] nationally recognized financial institution authorized to issue letters of credit, other than a statistical rating organization approved by the Securities Valuation qualified U. S. financial institution as described in Regulation Office; and [.02B(8)(b)] .02B(9)(b) of this chapter, then the following additional (b) (text unchanged) requirements shall be met: (3) (text unchanged) (a) The issuing [qualified U.S.] financial institution shall F. Obligations issued, assumed, or guaranteed by a multinational formally designate the confirming qualified U.S. financial institution development bank are permissible investments, provided the as its agent for the receipt and payment of the drafts; and obligations are rated A or higher, or the equivalent, by [rating agency (b) (text unchanged) recognized] a nationally recognized statistical rating organization E. Standards of Acceptability for Letters of Credit—Reinsurance approved by the Securities Valuation Office. [Agreement] Contract Provisions. G. — H. (text unchanged) (1) The reinsurance [agreement] contract in conjunction with which the letter of credit is obtained may contain provisions that: .12 Credit for Reinsurance Required by Law. (a) (text unchanged) A. (text unchanged) (b) Stipulate that the assuming insurer and ceding insurer B. The Commissioner shall allow credit for reinsurance ceded by a agree that the letter of credit provided by the assuming insurer domestic insurer to an assuming insurer not meeting the requirements pursuant to the provisions of the reinsurance [agreement] contract of Regulations [.03, .04, and .08—.14] .03—.05, .08—.11, .14, and may be drawn upon at any time, notwithstanding any other provisions .24—.27 of this chapter, but only as to the insurance of risks located in the [agreement] contract and shall be utilized by the ceding insurer in jurisdictions where the reinsurance is required by the applicable or its successors in interest only for one or more of the following law or regulation of that jurisdiction. reasons: (i) To pay or reimburse the ceding insurer for the assuming insurer’s share under the specific reinsurance [agreement] contract of premiums returned, but not yet recovered from the assuming insurers, to the owners of policies reinsured under the

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 712 reinsurance [agreement] contract on account of cancellations of the fair market value to the assets withdrawn, and that are consistent with policies; the restrictions in Regulation [.19B] .15 of this chapter. (ii) To pay or reimburse the ceding insurer for the E. — F. (text unchanged) assuming insurer’s share, under the specific reinsurance [agreement] contract of surrenders and benefits or losses paid by the ceding .17 Trust Agreement Established in Conjunction with insurer, but not yet recovered from the assuming insurers, under the Reinsurance [Agreement] Contracts Covering Risks Other terms and provisions of the policies reinsured under the reinsurance than Life, Annuities, and Accident and Health. [agreement] contract; A. Use of Amounts Drawn on Trust Account. Notwithstanding (iii) — (iv) (text unchanged) any provision of Regulation .15 of this chapter, when a trust (c) (text unchanged) agreement is established to meet the requirements of Regulation .14 (2) (text unchanged) of this chapter in conjunction with a reinsurance [agreement] contract covering risks other than life, annuities, or accident and health, where .15 Required Standards for Trust Agreements Under Regulation it is customary practice to provide a trust agreement for a specific .14. purpose, the trust agreement may allow the ceding insurer to use A. — F. (text unchanged) amounts drawn on the trust account, without diminution because of G. When Grantor [is] Is Declared Insolvent or Placed into the insolvency of the ceding insurer or the assuming insurer, for the Receivership, Rehabilitation, or Liquidation. purposes listed in this regulation. (1) Notwithstanding any other provision in a trust agreement, if B. To Pay or Reimburse Ceding Insurer. A trust agreement may the grantor of the trust has been declared insolvent or placed into allow the ceding insurer to use amounts drawn on the trust account to receivership, rehabilitation, liquidation, or similar proceedings under pay or reimburse the ceding insurer for: the laws of its state or country of domicile, the trustee shall comply (1) The assuming insurer’s share under the specific reinsurance with an order of the [commissioner] insurance regulatory agency [agreement] contract regarding any losses and loss adjustment with regulatory oversight of the trust or court of competent expenses paid by the ceding insurer but not recovered from the jurisdiction directing the trustee to transfer to the [commissioner] assuming insurer; and insurance regulatory agency with regulatory oversight or other (2) (text unchanged) designated receiver all of the assets of the trust fund. C. Payment to Assuming Insurer. A trust agreement may allow the (2) (text unchanged) ceding insurer to use amounts drawn on the trust account to make (3) If the [commissioner] insurance regulatory agency with payment to the assuming insurer of any amounts held in the trust regulatory oversight determines that the assets of the trust fund or any account that exceed 102 percent of the actual amount required to fund part of the assets are not necessary to satisfy claims of the U.S. the assuming insurer’s obligations under the specific reinsurance beneficiaries of the trust, the assets or any part of the assets shall be [agreement] contract. returned to the trustee for distribution in accordance with the trust D. On Termination of Trust Account. agreement. (1) A trust agreement may allow the ceding insurer to withdraw H. (text unchanged) amounts equal to the assuming insurer’s entire obligations under the I. Valuation and Form of Assets. reinsurance [agreement] contract and deposit those amounts in a (1) Either the reinsurance contract or the trust agreement shall separate account in accordance with §D(2) of this regulation in trust stipulate that assets deposited in the trust account shall: for the uses specified in §§B and C of this regulation if the: (a) Be valued according to their current fair market value; (a) (text unchanged) and (b) Assuming insurer’s entire obligations under the (b) Consist only of: reinsurance [agreement] contract remain unliquidated and (i) Cash in U.S. dollars; undischarged 10 days before the termination date. (ii) Certificates of deposit issued by a U.S. bank and (2) (text unchanged) payable in U.S. dollars; (iii) Investments permitted by the Insurance Article, .18 Trust Agreement Established in Conjunction with Annotated Code of Maryland; or Reinsurance [Agreement] Contracts Covering Life, (iv) Any combination of §I(1)(b)(i)—(iii) of this Annuities, or Accident and Health Risks. regulation. A. Use of Amounts Drawn on Trust Account. Notwithstanding (2) Investments in or issued by an entity controlling, controlled any provision of Regulation .15 of this chapter, when a trust by, or under common control with the grantor or the beneficiary of agreement is established to meet the requirements of Regulation .14 the trust may not exceed 5 percent of total investments. of this chapter in conjunction with a reinsurance [agreement] contract (3) A trust agreement may specify the types of investments to be covering life, annuities, or accident and health risks, where it is deposited in the trust account. customary to provide a trust agreement for a specific purpose, the (4) If a trust agreement is entered into in conjunction with a trust agreement may allow the ceding insurer to use amounts drawn reinsurance contract covering life, annuities, or accident and health, on the trust account, without diminution because of the insolvency of then the reinsurance contract shall contain the provisions required the ceding insurer or the assuming insurer, for the purposes listed in by this section. this regulation. B. To Pay or Reimburse Ceding Insurer. A trust agreement may .16 Permitted Conditions for Trust Agreements. allow the ceding insurer to use amounts drawn on the trust account to A. — C. (text unchanged) pay or reimburse the ceding insurer for the assuming insurer’s share D. Investment and Substitution. under the: (1) (text unchanged) (1) Reinsurance [agreement] contract of premiums returned, (2) The trustee may not make an investment or substitution but not yet recovered from the assuming insurer, to the owners of without prior approval of the beneficiary unless the trust agreement: policies reinsured under the insurance [agreement] contract on (a) (text unchanged) account of cancellations of the policies; and (b) Authorizes the trustee to invest funds and to accept (2) Specific reinsurance [agreement] contract of surrenders and substitutions that the trustee determines are at least equal in current benefits or losses paid by the ceding insurer, but not yet recovered MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 713 from the assuming insurer, under the terms and provisions of the (b) The assuming insurer’s share of surrenders and benefits policies reinsured under the reinsurance [agreement] contract. or losses paid by the ceding insurer under the provisions of the C. (text unchanged) policies reinsured under the reinsurance [agreement] contract; or D. On Termination of Trust Account. (c) (text unchanged) (1) A trust agreement may allow the ceding insurer to withdraw (2) (text unchanged) amounts equal to the assuming insurer’s share of liabilities, to the [F.] E. Transfer of Assets to Assuming Insurer. A reinsurance extent that the liabilities have not yet been funded by the assuming [agreement] contract may allow the assuming insurer to seek insurer, and deposit those amounts in a separate account in approval from the ceding insurer, which may not be unreasonably or accordance with §D(2) of this regulation in trust for the uses and arbitrarily withheld, to withdraw from the trust account all or any part purposes specified in §§B and C of this regulation if the: of the trust assets and transfer those assets to the assuming insurer, if: (a) (text unchanged) (1) At the time of withdrawal, the assuming insurer replaces the (b) Assuming insurer’s entire obligations under the specific withdrawn assets with other qualified assets that have a current fair reinsurance [agreement] contract remain unliquidated and market value equal to the market value of the withdrawn assets to undischarged 10 days before the termination date. maintain at all times the deposit in the required amount; or (2) (text unchanged) (2) After withdrawal and transfer, the current fair market value of the trust account is not less than 102 percent of the required .19 Permitted Conditions Applicable to Reinsurance amount. [Agreements] Contracts. [G.] F. Return of Amount Withdrawn; Interest. A reinsurance A. Trust Agreement. A reinsurance [agreement] contract may: [agreement] contract may provide for: (1) — (3) (text unchanged) (1) The return of any amount withdrawn in excess of the actual [B. Valuation and Form of Assets. amounts required for [§E] §D of this regulation; and (1) A reinsurance agreement may: (2) Interest payments at a rate not in excess of the prime rate of (a) Specify the types of investments to be deposited in the interest on [the] such amounts held pursuant to [§E] §D of this trust account; and regulation. (b) Subject to §B(2) of this regulation, stipulate that assets [H.] G. Arbitration Panel or Court-Award of Expenses. A deposited in the trust account be valued according to their current fair reinsurance [agreement] contract may allow the award by an market value and consist only of: arbitration panel or court of competent jurisdiction of: (i) Cash in United States dollars; (1) Interest at a rate different from that provided in [§G] §F (ii) Certificates of deposit issued by a United States bank of this regulation; and payable in United States dollars; (2) — (4) (text unchanged) .20 Financial Reporting. (iii) Investments permitted by the Insurance Article, A. (text unchanged) Annotated Code of Maryland; or B. Amount of Reduction. A reduction for the existence of an (iv) Any combination of items in §B(1)(b)(i)—(iii) of this acceptable trust account may be up to the current fair market value of regulation. acceptable assets available to be withdrawn from the trust account at (2) Investments in or issued by an entity controlling, controlled that time, but the reduction may not exceed the specific obligations by, or under common control with the grantor or the beneficiary of under the reinsurance [agreement] contract that the trust account was the trust may not exceed 5 percent of total investments. established to secure. (3) If a trust agreement is entered into in conjunction with a reinsurance agreement covering risks other than life, annuities, and .23 Reinsurance Contract. accident and health, the trust agreement may contain the provisions Credit for reinsurance may not be allowed by the Commissioner as allowed by this section in place of including the provision in the an admitted asset or deduction from liability to any ceding insurer for reinsurance agreement.] a reinsurance contract entered into with a reinsurer under this chapter [C.] B. (text unchanged) after the adoption of this regulation unless the reinsurance contract [D.] C. Settlements of Account in Cash or Equivalent. A includes: reinsurance [agreement] contract may require that all settlements of A. An insolvency clause [pursuant to], in accordance with account between the ceding insurer and the assuming insurer be made Insurance Article, [§5-904] §5-905(a), Annotated Code of Maryland; in cash or its equivalent. and [E.] D. Withdrawal of Assets. A reinsurance [agreement] contract B. (text unchanged) may stipulate that the assuming insurer and the ceding insurer agree C. Includes a proper reinsurance intermediary clause, if that the assets in the trust account, established under the provisions of applicable, which stipulates that the credit risk for the intermediary the reinsurance [agreement] contract, may be withdrawn by the is carried by the assuming insurer. ceding insurer at any time, notwithstanding any other provisions in the reinsurance [agreement] contract, and may be used by the ceding .24 Credit for Reinsurance — Certified Reinsurers. insurer or its successors in interest by operation of law, including any A. The Commissioner shall allow credit for reinsurance ceded by liquidator, rehabilitator, receiver, or conservator of the company, a domestic insurer to an assuming insurer that has been certified as a without diminution because of insolvency on the part of the ceding reinsurer in this State at all times for which statutory financial insurer or the assuming insurer, for the following purposes: statement credit for reinsurance is claimed under this regulation. (1) To pay or reimburse the ceding insurer for: B. The credit allowed shall be based upon the security held by or (a) The assuming insurer’s share under the specific on behalf of the ceding insurer in accordance with a rating assigned reinsurance [agreement] contract of premiums returned, but not yet to the certified reinsurer by the Commissioner. recovered from the assuming insurer, to the owners of policies C. The security shall be in a form consistent with Insurance reinsured under the reinsurance [agreement] contract because of Article, §§5-911 and 5-914, Annotated Code of Maryland, and this cancellations of the policies; chapter.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 714 D. The amount of security required in order for full credit to be also be satisfied by a group including incorporated and individual allowed shall correspond with the following requirements: unincorporated underwriters having minimum capital and surplus (1) Certification Ratings. equivalents (net of liabilities) of at least $250,000,000 and a central fund containing a balance of at least $250,000,000; Certification Ratings Security Required (3) The assuming insurer shall have financial strength ratings Secure -1 0% from two or more of the following rating agencies: Secure - 2 10% (a) Standard & Poor’s; Secure - 3 20% (b) Moody’s Investors Service; Secure - 4 50% (c) Fitch Ratings; Secure - 5 75% (d) A.M. Best Company; or Vulnerable - 6 100% (e) A nationally recognized statistical rating organization

(2) Affiliated reinsurance transactions shall receive the same deemed acceptable by the Commissioner; and opportunity for reduced security requirements as all other (4) Any other requirements the Commissioner deems necessary. reinsurance transactions. (5) If an applicant for certification has been certified as a (3) The Commissioner shall require the certified reinsurer to reinsurer by the insurance regulatory agency of a state accredited by post 100 percent security, for the benefit of the ceding insurer or its the NAIC, the Commissioner may use information provided by that estate, upon the entry of an order of rehabilitation, liquidation, or insurance regulatory agency to designate the assuming insurer as a conservation against the ceding insurer. certified reinsurer in this State. (4) Catastrophic Occurrence. F. Certified Reinsurers — Certification Rating. (a) A certified reinsurer may defer posting security for (1) The Commissioner shall rate each certified reinsurer on a catastrophe recoverables for a period of up to 1 year from the date of legal entity basis and with due consideration being given to a group the first instance of a liability reserve entry by the ceding company as rating where appropriate, except that a group including incorporated a result of a catastrophic occurrence that is likely to result in and individual unincorporated underwriters that has been approved significant insured losses as recognized by the Commissioner. to do business as a single certified reinsurer may be evaluated on the (b) The deferral period is contingent upon the certified basis of its group rating. reinsurer continuing to pay claims in a timely manner as determined (2) Factors that may be considered as part of the certification by the Commissioner. rating process include, but are not limited to: (c) Reinsurance recoverables for only the following lines of (a) The certified reinsurer’s financial strength rating from business as reported on the NAIC annual financial statement related an acceptable rating agency pursuant to §E(3) of this regulation, as specifically to the catastrophic occurrence will be included in the follows: deferral: (i) A certified reinsurer may not be eligible for a certification rating higher than the rating corresponding with the Line 1 Fire financial strength ratings set forth in §F(2)(a)(iii) of this regulation. Line 2 Allied Lines (ii) The Commissioner shall use the lowest financial Line 3 Farmowners multiple peril strength rating received from an acceptable rating agency in Line 4 Homeowners multiple peril establishing the maximum certification rating of a certified reinsurer. Line 5 Commercial multiple peril (iii) Financial Strength Rating Chart. Line 9 Inland Marine Ratings Best S&P Moody’s Fitch Line 12 Earthquake Secure — 1 A++ AAA Aaa AAA Line 21 Auto physical damage Secure — 2 A+ AA+, AA, Aa1, Aa2, AA+, AA, (5) Credit for reinsurance under this regulation shall apply AA- Aa3 AA- only to reinsurance contracts entered into or renewed on or after the Secure — 3 A A+, A A1, A2 A+, A effective date of the certification of the assuming insurer. Any Secure — 4 A- A- A3 A- reinsurance contract entered into prior to the effective date of the Secure — 5 B++, B+ BBB+, Baa1, BBB+, certification of the assuming insurer that is subsequently amended BBB, BBB- Baa2, Baa3 BBB, BBB- after the effective date of the certification of the assuming insurer or Vulnerable B, B-C++, BB+, BB, Ba1, Ba2, BB+, BB, a new reinsurance contract, covering any risk for which collateral — 6 C+, C, C-, BB-, B+, Ba3, B1, BB-, B+, was provided previously, shall only be subject to this regulation with D, E, F B, B-, B2, B3, B, B-, respect to losses incurred and reserves reported on or after the CCC, CC, Caa, Ca, C CCC+, effective date of the amendment or new contract. C, D, R CC, CCC-, (6) Nothing in this section shall prohibit the parties to a DD reinsurance contract from agreeing to provisions establishing security requirements that exceed the minimum security requirements (b) The business practices of the certified reinsurer in established for certified reinsurers under this section. dealing with its ceding insurers, including its record of compliance E. Certification Eligibility Requirements. In order to be eligible with reinsurance contractual terms and obligations; for certification, the assuming insurer shall meet the following (c) For certified reinsurers domiciled in the U.S., a review requirements: of the most recent applicable NAIC Annual Statement Blank, either (1) The assuming insurer shall be domiciled and licensed to Schedule F (for property/casualty reinsurers) or Schedule S (for life transact insurance or reinsurance in a qualified jurisdiction, as and health reinsurers); determined by the Commissioner pursuant to Regulation .27 of this (d) For certified reinsurers not domiciled in the U.S., a chapter; review annually of the Maryland Insurance Administration (2) The assuming insurer shall maintain capital and surplus, or Reinsurance Application and NAIC Form CR-F Assumed its equivalent, of no less than $250,000,000, calculated in Reinsurance (for Property/Casualty Reinsurers) or NAIC Form CR-S accordance with §F(2)(h) of this regulation. This requirement may Reinsurance Assumed (for Life and Health Reinsurers);

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 715 (e) The history of the certified reinsurer for prompt payment (I) For initial eligibility as a certified reinsurer, an applicant shall of claims under reinsurance contracts, based on an analysis of file with the Commissioner: ceding insurers’ Schedule F reporting of overdue reinsurance (1) A properly executed NAIC Form CR-F Assumed recoverables, including the proportion of obligations that are more Reinsurance (for Property/Casualty Reinsurers) or NAIC Form CR-S than 90 days past due or are in dispute, with specific attention given Reinsurance Assumed (for Life and Health Reinsurers), as applicable to obligations payable to companies that are in administrative as evidence that the applicant agrees to submit to the jurisdiction of supervision or receivership; the State and to the Commissioner’s authority to examine its books (f) Regulatory actions against the certified reinsurer; and records; (g) The report of the independent auditor on the financial (2) A Maryland Insurance Administration Reinsurance statements of the insurance enterprise, on the basis described in Application; §F(2)(h) of this regulation; (3) An updated list of all disputed and overdue reinsurance (h) For certified reinsurers not domiciled in the U.S., claims regarding reinsurance assumed from U.S. domestic ceding audited financial statements (audited U.S. Generally Accepted insurers; Accounting Principles (GAAP) basis if available, audited (4) Upon request of the Commissioner: International Financial Reporting standards (IFRS) are allowed but (a) The report of the independent auditor on the financial shall include an audited footnote reconciling equity and net income statements of the insurance enterprise and the audited financial to U.S. GAAP basis, or, with the prior written permission of the statements, (audited U.S. Generally Accepted Accounting Principles Commissioner, IFRS are allowed with reconciliation to U.S. GAAP (GAAP) basis if available, audited International Financial Reporting certified by an officer of the company), regulatory filings and standards (IFRS) are allowed but shall include an audited footnote actuarial opinions (as filed with the non-U.S. jurisdiction reconciling equity and net income to U.S. GAAP basis, or, with the supervisor). Upon the initial application for certification, the prior written permission of the Commissioner, IFRS are allowed with Commissioner may consider audited financial statements for the last reconciliation to U.S. GAAP certified by an officer of the company), 3 years filed with its non-U.S. jurisdiction supervisor; regulatory filings and actuarial opinions (as filed with the non-U.S. (i) The liquidation priority of obligations to a ceding insurer jurisdiction supervisor). Upon the initial application for certification, in the certified reinsurer’s domiciliary jurisdiction in the context of the Commissioner may consider audited financial statements for the an insolvency proceeding; last 3 years filed with its non-U.S. jurisdiction supervisor; (j) A certified reinsurer’s participation in any solvent (b) A certification from the certified reinsurer’s domestic scheme of arrangement, or similar procedure, which involves U.S. regulator that the certified reinsurer is in good standing and ceding insurers. The Commissioner shall receive prior notice from a maintains capital in excess of the jurisdiction’s highest regulatory certified reinsurer that proposes participation by the certified action level; and reinsurer in a solvent scheme of arrangement; and (c) Any other document or information that the (k) Any other information deemed relevant by the Commissioner considers necessary to determine eligibility to act as a Commissioner. certified reinsurer; and (l) If an applicant for certification has been certified as a (5) A properly executed NAIC Form CR-1 Certificate of reinsurer by the insurance regulatory agency of a state accredited by Certified Reinsurer as evidence that the applicant agrees to: the NAIC, the Commissioner may use information provided by that (a) Submit to the jurisdiction of the State; insurance regulatory agency to assign a rating to the assuming (b) The Appointment of the Commissioner as an agent for insurer. service of process in this State; and (3) The Commissioner shall issue written notice to an assuming (c) Provide security for 100 percent of the assuming insurer that has been approved as a certified reinsurer. Included in insurer’s liabilities attributable to reinsurance ceded by U.S. ceding such notice shall be the certification rating assigned the certified insurers if it resists enforcement of a final U.S. judgment. reinsurer in accordance with §F(2) of this regulation. J. For continued eligibility as a certified reinsurer, an applicant (4) The Commissioner shall publish a list of all certified shall by May 30 of each year, file with the Commissioner: reinsurers and their ratings. (1) A properly executed NAIC Form CR-F Assumed G. Certification Rating and Security Adjustment. Based on the Reinsurance (for Property/Casualty Reinsurers) or NAIC Form CR-S analysis conducted under §F(2) of this regulation of a certified Reinsurance Assumed (for Life and Health Reinsurers), as applicable reinsurer’s history of prompt payment of claims, the Commissioner as evidence that the applicant agrees to submit to the jurisdiction of may adjust the security the certified reinsurer is required to post to the State and to the Commissioner’s authority to examine its books protect its liabilities to U.S. ceding insurers provided that the and records; Commissioner shall, at a minimum, increase the security the certified (2) A Maryland Insurance Administration Reinsurance reinsurer is required to post by one certification rating level pursuant Application; to §F(2)(a)(iii) of this regulation if the Commissioner finds that: (3) An updated list of all disputed and overdue reinsurance (1) More than 15 percent of the certified reinsurer’s ceding claims regarding reinsurance assumed from U.S. domestic ceding insurers have overdue reinsurance recoverables on paid losses of 90 insurers; calendar days or more which are not in dispute and which exceed (4) Upon request of the Commissioner: $100,000 for each cedent; or (a) The report of the independent auditor on the financial (2) The aggregate amount of reinsurance recoverables on paid statements of the insurance enterprise and the audited financial losses which are not in dispute that are overdue by 90 calendar days statements, (audited U.S. Generally Accepted Accounting Principles or more exceeds $50,000,000. (GAAP) basis if available, audited International Financial Reporting H. The Commissioner may not certify any assuming insurer that is standards (IFRS) are allowed but shall include an audited footnote domiciled in a jurisdiction that the Commissioner has determined reconciling equity and net income to U.S. GAAP basis, or, with the does not adequately and promptly enforce final U.S. judgments or prior written permission of the Commissioner, IFRS are allowed with arbitration awards. reconciliation to U.S. GAAP certified by an officer of the company), regulatory filings and actuarial opinions (as filed with the non-U.S. jurisdiction supervisor). Upon the initial application for certification,

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 716 the Commissioner may consider audited financial statements for the reinsurer’s obligations under the contract are secured in accordance last 3 years filed with its non-U.S. jurisdiction supervisor; with Insurance Article, §5-914, Annotated Code of Maryland. (b) A certification from the certified reinsurer’s domestic (2) If a reinsurer’s certification is revoked, credit for regulator that the certified reinsurer is in good standing and reinsurance may not be granted after the effective date of the maintains capital in excess of the jurisdiction’s highest regulatory revocation except to the extent that the reinsurer’s obligations under action level; the contract are secured in accordance with Insurance Article, §5- (c) Any other document or information that the 911, Annotated Code of Maryland, or Insurance Article, §5-914, Commissioner considers necessary to determine continued eligibility Annotated Code of Maryland. to act as a certified reinsurer; and D. Notwithstanding the change of a certified reinsurer’s (5) A properly executed NAIC Form CR-1 Certificate of certification rating or suspension or revocation of its certification, a Certified Reinsurer as evidence that the applicant agrees to: domestic insurer that has ceded reinsurance to that certified (a) Submit to the jurisdiction of the State; reinsurer may not be denied credit for reinsurance for a period of 3 (b) The Appointment of the Commissioner as an agent for months for all reinsurance ceded to that certified reinsurer, unless service of process in this State; and the Commissioner finds that the reinsurance is found to be at high (c) Provide security for 100 percent of the assuming risk of uncollectibility. insurer’s liabilities attributable to reinsurance ceded by U.S. ceding insurers if it resists enforcement of a final U.S. judgment. .26 Qualified Jurisdictions. K. Notification of the Commissioner by the Certified Reinsurer. In A. Eligibility. order to obtain or maintain a certification, a certified reinsurer must (1) The Commissioner shall maintain and publish a list of agree to notify and provide a written statement describing the qualified jurisdictions under which an assuming insurer, licensed and changes and the reasons therefore in writing to the Commissioner domiciled in that jurisdiction, is eligible to be considered for within 10 business days of: certification by the Commissioner as a certified reinsurer. (1) Any regulatory actions taken against the certified reinsurer; (2) In order to determine whether the domiciliary jurisdiction (2) Any change in the provisions of its domiciliary license; or of a non-U.S. assuming insurer is eligible to be recognized as a (3) Any change in rating by an acceptable rating agency qualified jurisdiction, the Commissioner shall: pursuant to §E(3) of this regulation. (a) Evaluate the reinsurance supervisory system of the non- U.S. jurisdiction, both initially and on an ongoing basis; .25 Change in Certification Rating or Suspension or Revocation of (b) Consider the rights, benefits and extent of reciprocal Certification. recognition afforded by a non-U.S. jurisdiction to reinsurers licensed A. Change in Certification Rating. and domiciled in the U.S.; and (1) In the case of a downgrade of a financial strength rating by (c) Consider any additional factors that the Commissioner a rating agency, or other change in circumstance, the Commissioner deems appropriate, which may include: shall upon written notice to the certified reinsurer assign a new (i) The framework under which the assuming insurer is certification rating to the certified reinsurer in accordance with the regulated; requirements of Regulation .24 of this chapter. If the Commissioner (ii) The structure and authority of the domiciliary downgrades the certified reinsurer’s certification rating, the certified regulator with regard to solvency regulation requirements and reinsurer shall meet the security requirements applicable to its new financial surveillance; certification rating for all business it has assumed as a certified (iii) The substance of financial and operating standards reinsurer. for assuming insurers in the domiciliary jurisdiction; (2) If the Commissioner upgrades a certified reinsurer’s (iv) The form and substance of financial reports required certification rating, the certified reinsurer may meet the security to be filed or made publicly available by reinsurers in the domiciliary requirements applicable to its new rating on a prospective basis, but jurisdiction and the accounting principles used for purposes of those the Commissioner shall require the certified reinsurer to post reports; security under the previously applicable security requirements as to (v) The domiciliary regulator’s cooperation with U.S. all contracts in force on or before the effective date of the upgraded regulators, including the Commissioner; rating. (vi) The history of performance by assuming insurers in B. Authority to Suspend or Revoke. The Commissioner may upon the domiciliary jurisdiction; written notice and opportunity for a hearing pursuant to Insurance (vii) Any relevant international standards or guidance Article, §2-210, Annotated Code of Maryland, suspend or revoke a with respect to mutual recognition of reinsurance supervision certified reinsurer’s certification at any time if: adopted by the International Association of Insurance Supervisors or (1) The certified reinsurer fails to meet its obligations or successor organization; and security requirements under this chapter; (viii) Any other matters deemed relevant by the (2) Other financial or operating results of the certified Commissioner. reinsurer, or documented significant delays in payment by the (3) The Commissioner may not recognize a jurisdiction as a certified reinsurer, lead the Commissioner to reconsider the certified qualified jurisdiction unless the Commissioner has determined that reinsurer’s ability or willingness to meet its contractual obligations; the jurisdiction adequately and promptly enforces final U.S. or judgments or arbitration awards. (3) The certified reinsurer ceases to meet other requirements (4) A qualified jurisdiction shall agree in writing to share for certification. information and cooperate with the Commissioner with respect to all C. Suspension or Revocation of the Certification of a Certified certified reinsurers domiciled within that jurisdiction. Reinsurer. B. Additional Considerations. (1) While a reinsurer’s certification is suspended, a (1) The Commissioner shall consider the list of qualified reinsurance contract issued or renewed after the effective date of the jurisdictions published through the NAIC Committee Process in suspension does not qualify for credit except to the extent the determining qualified jurisdictions in this State.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 717 (2) In determining whether a jurisdiction is a qualified loss caused by water that backs up into a dwelling or other covered jurisdiction, the Commissioner shall consider the NAIC’s list: structure; and provide that an insurer that makes an offer of coverage (a) when the jurisdiction has been evaluated for inclusion on for loss caused by water that backs up through sewers or drains with the list; and certain limits also may offer the coverage with a combined single (b) whenever the list is amended. limit. (3) If the Commissioner approves a jurisdiction as qualified that does not appear on the NAIC’s list of qualified jurisdictions, the Comparison to Federal Standards Commissioner shall provide to the NAIC, upon written request, There is no corresponding federal standard to this proposed action. information relating to such determination pursuant to the Estimate of Economic Impact requirements in Section A of this regulation. I. Summary of Economic Impact. Insurers that issue a (4) The Commissioner shall recognize as a qualified homeowner’s insurance policy but do not offer coverage for loss jurisdiction in this State any state that meets the requirements for caused by the backup of water with limits equal to the coverage limits accreditation under the NAIC’s financial standards and accreditation of the homeowner’s insurance policy will be required to file revised program. rates and forms with the MIA and pay $125 for each form filed and (5) The Commissioner shall withdraw recognition of those each rate filing. Insurance consumers will benefit from the jurisdictions that are no longer qualified. availability of coverage for loss caused by the backup of water with (6) The Commissioner shall publish notice of jurisdictions that limits equal to the coverage limits under their homeowner’s insurance have qualified or are no longer qualified to be recognized as a policies. qualified jurisdiction. Revenue (R+/R-) .27 Mandatory Funding Clause. II. Types of Economic Expenditure In addition to the requirements of Regulations .14 — .18 of this Impact. (E+/E-) Magnitude chapter, reinsurance contracts entered into or renewed under

Regulations .24 — .26 of this chapter shall include a funding clause, which requires the certified reinsurer to provide and maintain A. On issuing agency: (R+) Minimal security in an amount sufficient to avoid the imposition of any unfavorable financial statement accounting treatment on the ceding B. On other State insurer under this chapter for reinsurance ceded to the certified agencies: NONE reinsurer. C. On local governments: NONE

THERESE M. GOLDSMITH Insurance Commissioner Benefit (+) Cost (-) Magnitude

Subtitle 08 PROPERTY AND D. On regulated CASUALTY INSURANCE industries or trade groups: (-) Minimal 31.08.14 Coverage for Loss Caused by Water E. On other industries or That Backs Up Through Sewers or Drains trade groups: NONE F. Direct and indirect Authority: Insurance Article, §§2-109 and 19-202, Annotated Code of effects on public: (+) Unquantifiable Maryland III. Assumptions. (Identified by Impact Letter and Number from Notice of Proposed Action Section II.) [13-302-R] A. The Insurance Administration will experience a minimal The Insurance Commissioner proposes to adopt new Regulations increase in revenue to the Insurance Regulation Fund due to .01 — .03 under COMAR 31.08.14 Coverage for Loss Caused by collection of the $125 filing fee. Water That Backs Up Through Sewers or Drains. Since D. Insurers that issue a homeowner’s insurance policy but do not substantive changes have been made to the original proposal as offer coverage for loss caused by the backup of water with limits published in 40:20 Md. R. 1729 — 1730 (October 4, 2013), this equal to the coverage limits of the homeowner’s insurance policy will action is being reproposed at this time. be required to file revised rates and forms with the MIA and pay Statement of Purpose $125 for each form filed and each rate filing. The purpose of this action is to implement Insurance Article, §19- F. Insurance consumers will benefit from the availability of 202, Annotated Code of Maryland by establishing standards for the coverage for loss caused by the backup of water with limits equal to offer of coverage, under a homeowner’s insurance policy, for loss the coverage limits under their homeowner’s insurance policies. caused by water that backs up through sewers or drains. The purpose of the reproposal is to clarify the scope of the regulations; change the Economic Impact on Small Businesses defined terms “Coverage A,” “Coverage B,” “Coverage C,” and The proposed action has minimal or no economic impact on small “Coverage D” to the more descriptive terms “dwelling coverage,” businesses. “other structure coverage,” “personal property coverage,” and “loss- of-use coverage”; clarify the definitions of the terms “dwelling Impact on Individuals with Disabilities coverage,” “other structure coverage,” and “homeowner’s insurance”; The proposed action has no impact on individuals with disabilities. add definitions of the terms “flood” and “water”; delete references to Opportunity for Public Comment “waterborne material” that have been made unnecessary by the Comments may be sent to Katrina Lawhorn, Regulations definition of the term “water”; clarify that the offer of coverage is for Coordinator, Maryland Insurance Administration, 200 St. Paul Place,

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 718 Suite 2700, Baltimore, MD 21202 or call 410-468-2450, or email to resulting from damage to a structure of the policyholder that is on [email protected], or fax to 410-468-2020. Comments the same property as the policyholder’s dwelling, but is not attached will be accepted through July 14, 2014. A public hearing has not been to the dwelling. scheduled. [[[(4)]]] (8) “[[[Coverage C]]] Personal property coverage” means coverage under a policy of homeowner’s .01 Scope. insurance for losses resulting from damage to personal property that This chapter does not apply to loss that is caused by a is owned by the policyholder or used by the policyholder. flood. [[[(8)]]] (9) (originally proposed text unchanged) [[[.01]]] (2) Definitions. (10) “Water” includes sewage and other waterborne A. (originally proposed text unchanged) waste matter. B. Terms Defined. [[[.02]]] .03 Offer of Coverage. (1) (originally proposed text unchanged) A. An insurer that issues, sells, or delivers a policy of [[[(6)]]] (2) “Drain” means a line, pipe, or any other part of a homeowner’s insurance in the State shall at the time of application system that: and renewal offer in writing to provide coverage for loss that: (a) (originally proposed text unchanged) (1) Is caused by or results from water or [[[or waterborne (b) Drains water [[[or waterborne material]]] away from the material that backs up into a dwelling or other covered dwelling. ]]] [[[(2)]]] (3)”[[[Coverage A]]] Dwelling coverage” means structure through a sewer or drain, regardless of the origin of the coverage under a policy of homeowner’s insurance for losses water [[[or waterborne material]]]; and resulting from damage to [[[the policyholder’s dwelling and any (2) (originally proposed text unchanged) structure attached to the dwelling.]]]: B. An insurer that is required to offer coverage under §A of this (a) The dwelling of the policyholder; and regulation shall offer the coverage for loss that is caused by or results from water [[[or waterborne material]]] that backs up (b) Any structure of the policyholder that is attached to the dwelling. through a sewer or drain with limits equal to the limits of liability for (4) Flood. [[[Coverage A, Coverage B, Coverage C, and Coverage D]]] (a) “Flood” means a general and temporary dwelling coverage, other structure coverage, personal condition of partial or complete inundation of normally dry property coverage, and loss-of-use coverage under the land areas from: policy of homeowner’s insurance. (i) The overflow of inland or tidal waters; C. If an insurer makes an offer of coverage that meets the (ii) The unusual and rapid accumulation or requirements of §B of this regulation, the insurer also may offer the runoff of surface water from any source; or coverage for loss that is caused by or results from water [[[or (iii) Mudslides that are proximately caused by waterborne material]]] that backs up through a sewer or drain with the unusual and rapid accumulation or runoff of surface [[[limits that are less than the limits for Coverage A, Coverage B, water from any source and are similar to a river of liquid Coverage C, and Coverage D under the policy of homeowner’s and flowing mud on the surface of normally dry land insurance.]]]: areas, as when earth is carried by a current of water and (1) Limits that are less than the limits for dwelling deposited along the path of the current. coverage, other structure coverage, personal property (b) “Flood” includes a general and temporary coverage, and loss-of-use coverage under the policy of condition of partial or complete inundation of normally dry homeowner’s insurance; or land areas from the overflow of inland or tidal waters due (2) A combined single limit for dwelling coverage, to the collapse or subsidence of land along the shore of a other structure coverage, personal property coverage, and lake or other body of water as a result of erosion or loss-of-use coverage that is equal to or less than the undermining caused by: highest limit of liability under the policy of homeowner’s (i) Waves or currents of water exceeding insurance. anticipated cyclical levels or suddenly caused by an THERESE M. GOLDSMITH unusually high water level in a natural body of water, Insurance Commissioner accompanied by a severe storm; (ii) An unanticipated force of nature, such as a flash flood or abnormal tidal surge; or Subtitle 14 LONG-TERM CARE (iii) A similarly unusual and unforeseeable event. Notice of Proposed Action [[[(7)]]] (5) Homeowner’s Insurance. [14-164-P] (a) “Homeowner’s insurance” means insurance for The Insurance Commissioner proposes to amend: residential property provided under: (1) Regulation .01 under COMAR 31.14.01 Long-Term Care (i) — (ii) (originally proposed text unchanged) Insurance; and [[[(iii) A townhome owner’s policy;]]] (2) Regulations .01, .11, .13, and .14 under COMAR 31.14.02 [[[(iv)]]] (iii) — [[[(vi)]]] (v) (originally proposed text Long-Term Care Insurance—Premium Rates and Reserves. unchanged) (b) (originally proposed text unchanged) Statement of Purpose The purpose of this action is to update long-term care reserve [[[(5)]]] (6) “[[[Coverage D]]] Loss-of-use coverage” standards consistent with the most recent NAIC model regulation means coverage under a policy of homeowner’s insurance for loss of standards, as well as to make certain technical corrections and use of the policyholder’s dwelling. stylistic changes to the language of the regulations. [[[(3)]]] (7) “[[[Coverage B]]] Other structure coverage” means coverage under a policy of homeowner’s insurance for losses

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 719 Comparison to Federal Standards 31.14.02 Long-Term Care Insurance—Premium There is no corresponding federal standard to this proposed action. Rates and Reserves Estimate of Economic Impact I. Summary of Economic Impact. Higher reserve requirements Authority: Insurance Article, §§2-109, [10-115, 10-116.1,] 14-124[, 14-126, 14-136, and 15-412]; Title 18, Subtitle 1; and Title 27; Health-General may indirectly lead to higher rates for long-term care insurance Article, §19-705; Annotated Code of Maryland policies issued after January 1, 2015. .01 Applicability and Scope. Revenue (R+/R-) This chapter applies to all long-term care insurance delivered or II. Types of Economic Expenditure issued for delivery in this State by insurers, nonprofit health service Magnitude Impact. (E+/E-) plans, and health maintenance organizations[, and preferred provider

organizations]. This chapter is not intended to supersede other applicable insurance laws or regulations which do not conflict with A. On issuing agency: NONE this chapter. B. On other State agencies: NONE .11 Claim Reserves. C. On local governments: NONE A. (text unchanged) B. Minimum Standards for Claim Reserves. Benefit (+) (1) The maximum interest rate for claim reserves for long-term Magnitude Cost (-) care insurance is the maximum rate permitted by Insurance Article, Title 5, Subtitle 3, Annotated Code of Maryland, in the valuation of whole life insurance issued on the same date as the claim incurral D. On regulated industries Difficult to date [and with a guarantee duration equal to the maximum benefit (+) or trade groups: quantify period]. (2) (text unchanged) E. On other industries or NONE C. (text unchanged) trade groups: F. Direct and indirect Difficult to .13 Contract Reserves. (+) effects on public: quantify A. (text unchanged) III. Assumptions. (Identified by Impact Letter and Number from B. Minimum Standards for Contract Reserves. Section II.) (1) Basis of Contract Reserves. (a) — (d) (text unchanged) D. Higher reserves will be required for long-term care insurance (e) Termination rates used in the computation of contract policies issued after January 1, 2015. reserves for long-term care insurance shall be on the basis specified F. Higher reserve requirements may indirectly lead to higher rates in §B(1)(f) [and], (h), and (i) of this regulation. for long-term care insurance policies issued after January 1, 2015. (f) The termination rates used in the computation of contract reserves for terminations due to mortality shall be on the basis of: Economic Impact on Small Businesses (i) [The] For policies or group certificates issued before The proposed action has minimal or no economic impact on small January 1, 2015, the 1983 Group Annuity Mortality Table, as found businesses. in COMAR 31.05.05, without projection; [or] Impact on Individuals with Disabilities (ii) For policies or group certificates issued on or after The proposed action has no impact on individuals with disabilities. January 1, 2015, the 1994 Group Annuity Reserving Table, as found in COMAR 31.05.05, without the projection found in COMAR Opportunity for Public Comment 31.05.06; or Comments may be sent to Katrina Lawhorn, Regulations [(ii)] (iii) (text unchanged) Coordinator, Maryland Insurance Administration, 200 St. Paul Place, (g) The insurer shall request approval to use a table Suite 2700, Baltimore, MD 21202, or call 410-468-2450, or email to described in §B(1)(f)[(ii)](iii) of this regulation and shall include in [email protected], or fax to 410-468-2020. Comments the request for approval the reason that the table specified in will be accepted through July 14, 2014. A public hearing has not been §B(1)(f)(i) or (ii) of this regulation is inappropriate. scheduled. (h) [The] For policies or group certificates issued before January 1, 2015, the termination rates used in the computation of 31.14.01 Long-Term Care Insurance contract reserves for terminations due to other than mortality may not exceed: Authority: Insurance Article, §§2-109, [10-115, 10-116.1,] 14-124, [14-126, (i) (text unchanged) 14-136, and 15-412,] Title 18, Subtitle 1, and Title 27; Health-General Article, (ii) For policy [year] years five and later, the lesser of §19-705; Annotated Code of Maryland 100 percent of the voluntary lapse rate used in the calculation of .01 Applicability and Scope. gross premiums and 4 percent. Except as otherwise specifically provided, this chapter applies to (i) For policies or group certificates issued on or after all long-term care insurance policies delivered or issued for delivery January 1, 2015, the termination rates used in the computation of in this State on or after the effective date by insurers, nonprofit health contract reserves for terminations due to other than mortality may service plans, and health maintenance organizations[, and preferred not exceed: provider organizations]. These regulations are not intended to (i) For policy year one, the lesser of 80 percent of the supersede other applicable insurance laws or regulations which do voluntary lapse rate used in the calculation of gross premiums and 6 not conflict with this chapter. percent;

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 720 (ii) For policy years two through four, the lesser of 80 Ed. Note: Pursuant to State Government Article, §10-113, percent of the voluntary lapse rate used in the calculation of gross Annotated Code of Maryland, if a promulgating agency substantively premiums and 4 percent; and alters the text of regulations that have been previously proposed in (iii) For policy years five and later, the lesser of 100 the Maryland Register, the altered text must be published in the percent of the voluntary lapse rate used in the calculation of gross Maryland Register as though it were initially proposed. The text of premiums and 2 percent, except that for employer group long-term regulations appearing immediately below has been altered care insurance as defined in Regulation .02B(1) of this chapter, 3 substantively from the initially proposed text. percent shall be used in place of 2 percent. Symbols: Roman type indicates existing text of regulations. Italic (2) — (4) (text unchanged) type indicates initially proposed new text. Helvetica Bold Italic C. — D. (text unchanged) type indicates new text that substantively alters the text as initially .14 Reinsurance [Affect] Effect on Reserves. proposed. [Single brackets] indicate existing text proposed for (text unchanged) repeal. [[[Triple brackets]]] indicate text proposed for deletion which substantively alters the originally proposed text. THERES M. GOLDSMITH Insurance Commissioner .01 Scope. A. (originally proposed text unchanged) B. This chapter does not apply to policies: Subtitle 15 UNFAIR TRADE (1) Issued to exempt commercial policyholders, as defined in Insurance Article, §11-206(j), Annotated Code of Maryland; [[[or]]] PRACTICES (2) For which the renewal premium is: 31.15.13 Notice of Premium Increase for (a) (originally proposed text unchanged) (b) An increase over the expiring policy premium of the Commercial Insurance lesser of 3 percent or $300[[[.]]]; or Authority: Insurance Article, §§2-109 and [27-604] 27-608, Annotated Code (3) Of surplus lines insurance procured from a of Maryland nonadmitted insurer under Insurance Article, Title 3, Subtitle 3, Annotated Code of Maryland. Notice of Proposed Action [13-295-R] .02 Notice Requirement for Commercial Lines Policies. The Insurance Commissioner proposes to amend Regulations .01 A. (originally proposed text unchanged) and .02, repeal existing Regulation .03, and amend and recodify B. Calculation of Amount of Premium Increase. existing Regulation .04 to be Regulation .03 under COMAR [[[(1)]]] In determining whether an insurer is required to 31.15.13 Notice of Premium Increase for Commercial Insurance. provide a notice of increase in premium for a commercial lines policy Since substantive changes have been made to the original proposal as under Insurance Article, §27-608, Annotated Code of Maryland, the published in 40:20 Md. R. 1730 — 1731 (October 4, 2013), this insurer shall deduct from the total amount of the premium increase action is being reproposed at this time. any portion of the premium increase that is exempted from the notice [[[required by]]] requirement under §A(2)(a) of this regulation. Statement of Purpose [[[(2) If the remaining amount of the premium increase equals The purpose of this action is to implement the changes made to or exceeds the lesser of $300 or 3 percent of the policy premium of Insurance Article, §27-608, Annotated Code of Maryland, by Ch. the previous policy term, and the renewal policy premium exceeds 580, Acts of 2006, and Chs. 472 and 473, Acts of 2012, by $1000, the insurer shall comply with the notice required by Insurance establishing procedures and requirements for an insurer that is Article, §27-608, Annotated Code of Maryland. required to provide a notice of premium increase for a policy of (3) If the remaining amount of the premium increase is less commercial insurance. The purpose of the reproposal is to delete than $300 or 3 percent of the premium for the previous policy term, provisions of the proposed regulations that inadvertently misapplied or the renewal policy premium is less than or equal to $1000, the the scope provisions of Insurance Article, §27-608, Annotated Code insurer need not comply with the notice required by Insurance of Maryland. Article, §27-608, Annotated Code of Maryland.]]] Comparison to Federal Standards C. (originally proposed text unchanged) There is no corresponding federal standard to this proposed action. [.04] .03 Request for Exception. (originally proposed text Estimate of Economic Impact unchanged) The proposed action has no economic impact. THERESE M. GOLDSMITH Economic Impact on Small Businesses Insurance Commissioner The proposed action has minimal or no economic impact on small businesses. Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities. Opportunity for Public Comment Comments may be sent to Katrina Lawhorn, Regulations Coordinator, Maryland Insurance Administration, 200 St. Paul Place, Suite 2700, Baltimore, MD 21202, or call 410-468-2450, or email to [email protected], or fax to 410-468-2020. Comments will be accepted through July 14, 2014. A public hearing has not been scheduled.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 721 III. Assumptions. (Identified by Impact Letter and Number from Title 33 STATE BOARD OF Section II.) A. If a hearing occurs, State Board of Elections pays a consultant ELECTIONS for hours, travel, and any expenses incurred. If a hearing is not held, Subtitle 01 DEFINITIONS; GENERAL then State Board of Elections saves those expenditures. PROVISIONS Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small 33.01.05 Administrative Complaint Procedure businesses. Authority: Election Law Article, §§2-102(b)(4), [and] 2-202(b), 3-602, and Impact on Individuals with Disabilities 11-305, Annotated Code of Maryland; 42 U.S.C. §15512(a) The proposed action has no impact on individuals with disabilities. Notice of Proposed Action Opportunity for Public Comment [14-157-P] Comments may be sent to Erin Perrone, Administrative Assistant, The State Board of Elections proposes to amend Regulation .06 under State Board of Elections, PO Box 6486, Annapolis, MD 21401-0486, COMAR 33.01.05 Administrative Complaint Procedure. This action or call 410-2569-2845, or email to [email protected], or was considered by the State Board of Elections at its April 24, 2014, fax to 410-974-2019. Comments will be accepted through July 14, meeting, notice of which was given in accordance with State Government 2014. A public hearing has not been scheduled. Article, §10-506(c), Annotated Code of Maryland. .06 Complaint — Consolidation, Record, Hearing, and Statement of Purpose Determination. The purpose of this action is to define when the State Board is A. — B. (text unchanged) required to conduct a hearing. The Help America Vote Act requires C. Hearing. that a complainant be offered a hearing for alleged violations of Title (1) [At the request of the complainant, the] The State Board III of the Act, and this requirement is preserved in new COMAR shall conduct a hearing on the record if: 33.01.05.06C(1)(a). New COMAR 33.01.05.06C(1)(b) gives the (a) The complainant is alleging a violation of any provision State Administrator authority to determine whether a hearing is of Title III of the Help America Vote Act of 2002, 42 U.S.C. §§15481 necessary to decide a complaint regarding a non-Title III requirement et seq.; or for provisional voting and an action of a local board regarding voter (b) The State Administrator determines that a hearing is registration. It is intended to remove any ambiguity about whether the necessary to decide a complaint alleging a violation of any provision Administrator’s decision is needed for both types of hearings and to of the Election Law Article, Annotated Code of Maryland, relating to avoid limiting the Administrator’s discretion where testimonial provisional ballots or an action of a local board regarding voter evidence is offered. registration. (2) — (20) (text unchanged) Comparison to Federal Standards D. (text unchanged) There is no corresponding federal standard to this proposed action. LINDA H. LAMONE Estimate of Economic Impact State Administrator of Elections I. Summary of Economic Impact. This action could result in a negative fiscal impact for the State Board of Elections. Since we have some discretion on whether to conduct a hearing, we could have savings by not having one. Title 36

Revenue (R+/R-) MARYLAND STATE II. Types of Economic Expenditure Impact. (E+/E-) Magnitude LOTTERY AND GAMING

CONTROL AGENCY A. On issuing agency: Contractual services (E+) Less than $500 Subtitle 03 GAMING PROVISIONS B. On other State agencies: NONE 36.03.02 Investigation and Licensing

C. On local governments: NONE Authority: State Government Article, §9-1A-14, Annotated Code of Maryland

Notice of Proposed Action Benefit (+) [14-155-P] Cost (-) Magnitude The Maryland Lottery and Gaming Control Agency proposes to

amend Regulation .12 under COMAR 36.03.02 Investigation and D. On regulated industries Licensing. This action was considered at the Maryland State Lottery or trade groups: NONE and Gaming Control Commission open meeting held on April 21, 2014, notice of which was given pursuant to State Government E. On other industries or Article, §10-506(c), Annotated Code of Maryland. trade groups: NONE F. Direct and indirect effects Statement of Purpose on public: NONE The purpose of this action is to update the regulations of the Maryland State Lottery and Gaming Control Agency to incorporate

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 722 provisions that better define and refine the requirements for VLT and Statement of Purpose table games operation and better conform to the Agency’s functions The purpose of this action is to update the regulations of the for expanded gambling. Maryland Lottery and Gaming Control Agency to incorporate provisions that better define and refine the requirements for table Comparison to Federal Standards games equipment and operations. There is no corresponding federal standard to this proposed action. 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 The proposed action has no economic impact. The proposed action has minimal or no economic impact on small businesses. Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small Impact on Individuals with Disabilities businesses. The proposed action has no impact on individuals with disabilities. Impact on Individuals with Disabilities Opportunity for Public Comment The proposed action has no impact on individuals with disabilities. Comments may be sent to James B. Butler, Director, Legislative and Policy Affairs, Maryland Lottery and Gaming Control Agency, Opportunity for Public Comment 1800 Washington Blvd., Suite 330, Baltimore, MD 21230, or call Comments may be sent to James B. Butler, Director, Legislative (410) 230-8781, or email to [email protected], or fax to (410) and Policy Affairs, Maryland Lottery and Gaming Control Agency, 230-8727. Comments will be accepted through July 14, 2014. A 1800 Washington Blvd., Suite 330, Baltimore, MD 21230, or call public hearing has not been scheduled. (410) 230-8781, or email to [email protected], or fax to (410) 230-8727. Comments will be accepted through June 17, 2014. A .12 Video Lottery Employee Licenses. public hearing has not been scheduled. A. — C. (text unchanged) D. If the background investigation of an applicant reveals the .13 Dice—Receipt, Storage, Inspection, and Removal. commission of an act by the applicant that would constitute an A. — J. (text unchanged) offense of moral turpitude or gambling under State Government K. [A security department employee shall collect and sign all Article, §9-1A-14(c)(7), Annotated Code of Maryland, the envelopes or containers of used dice and reserve dice that are to be Commission shall consider that information as follows: destroyed or cancelled and shall transport the dice to the security (1) An act that was committed in any jurisdiction by an department for cancellation or destruction.] At the end of each applicant shall disqualify the applicant if the act occurred within 7 gaming day or at least once each gaming day, as designated by the years before the date of the application and would constitute a facility operator and approved in advance by the Commission under criminal offense involving moral turpitude or a gambling offense COMAR 36.05.03.16, and at other times as may be necessary: under the criminal laws of any jurisdiction, and the act: (1) [Envelopes and containers shall be collected:] Except as (a) Was not prosecuted under the criminal laws of any provided in §K(2) of this regulation, a security department employee jurisdiction; or shall collect and sign all envelopes or containers of used dice and (b) Cannot be prosecuted under the criminal laws of any reserve dice that are to be destroyed or cancelled and transport the jurisdiction; dice to the security department for cancellation or destruction; (2) If an act described in §D(1) of this regulation was [(a) At the end of each gaming day or at least once each prosecuted but did not result in a conviction, it may be considered by gaming day, as designated by the facility operator and approved in the Commission in determining whether the applicant has established advance by the Commission under COMAR 36.05.03.16; and the required qualification criteria; and (b) At other times as may be necessary.] (3) The Commission shall determine the existence of an act (2) If an alternative procedure for collecting, destroying or described in this section by a preponderance of the evidence. cancelling dice described in § (K)(1) of this regulation has been [D.] E. — [I.] J. (text unchanged) submitted to, and approved by, the Commission, a security department employee: STEPHEN L. MARTINO (a) Shall collect all envelopes or containers and return them Director to the security department; and State Lottery and Gaming Control Agency (b) May sign the envelopes or containers; and [(2)] (3) (text unchanged) Subtitle 05 TABLE GAMES L. — N. (text unchanged) 36.05.02 Table Game Equipment .16 Cards—Receipt, Storage, Inspection, and Removal. A. — L. (text unchanged) Authority: State Government Article, §§9-1A-02 and 9-1A-04, Annotated M. At the end of each gaming day or at least once each gaming Code of Maryland day, as designated by the facility operator and approved in advance by the Commission under COMAR 36.05.03.16, and at other times as Notice of Proposed Action may be necessary: [14-168-P] (1) [A] Except as provided in §M(2) of this regulation, a The Maryland Lottery and Gaming Control Agency proposes to security department employee shall collect and sign all envelopes or amend Regulations .13 and .16 under COMAR 36.05.02 Table containers with damaged decks of cards, decks of cards required to be Game Equipment. This action was considered at the Maryland State removed that gaming day, and all extra decks in the card reserve with Lottery and Gaming Control Commission open meeting held on broken seals and return the envelopes or containers to the security February 27, 2014, notice of which was given pursuant to State department; [and] Government Article, §10-506(c), Annotated Code of Maryland.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 723 (2) If an alternative procedure for collecting, destroying or additional information is needed or if you require an accommodation cancelling a deck of cards described in §M(1) of this regulation has in order to participate in the hearing. been submitted to, and approved by, the Commission, a security department employee: 36.06.01 General (a) Shall collect all envelopes or containers and return them to the security department; and Authority: Criminal Law Article, §§12-301 and 12-301.1; State Government (b) May sign the envelopes or containers; and Article, §9-110; Annotated Code of Maryland [(2)] (3) A table game department supervisor or above may .01 Scope. collect all extra decks with intact seals in the card reserve. A. This subtitle applies to electronic gaming devices regulated by N. — S. (text unchanged) the Commission under Criminal Law Article, §§12-301 — 12-308, STEPHEN L. MARTINO Annotated Code of Maryland. Director B. This subtitle applies to all electronic gaming devices, State Lottery and Gaming Control Agency regardless of whether the device delivers a game through the Internet or offers Internet or other services. C. This subtitle does not apply to: (1) Slot machines that are subject to regulation by the Subtitle 06 ELECTRONIC GAMING Comptroller under Criminal Law Article, §12-304, Annotated Code of Maryland; DEVICES (2) Lottery devices used by the Agency or, under the authority [14-174-P] of the Agency, by a licensed retailer under State Government Article, Title 9, Subtitle 1, Annotated Code of Maryland; The Maryland Lottery and Gaming Control Agency proposes to (3) Video lottery terminals or tables games permitted and adopt: licensed under State Government Article, Title 9, Subtitle 1A, (1) New Regulations .01—.03 under COMAR 36.06.01 Annotated Code of Maryland; General; (4) Instant bingo machines operated in compliance with (2) New Regulations .01 and .02 under COMAR 36.06.02 COMAR 36.07; or Lawful and Unlawful Electronic Gaming Devices; (5) Paper tip jar gaming where authorized. (3) New Regulations .01—.09 under COMAR 36.06.03 Application, Licensing and Registration; .02 Definitions. (4) New Regulations .01—.04 under COMAR 36.06.04 A. In this subtitle, the following terms have the meanings Electronic Gaming Device General Standards; indicated. (5) New Regulations .01—.06 under COMAR 36.06.05 B. Terms Defined. Electronic Gaming Device Technical Standards; and (1) Electronic Gaming Device (6) New Regulation .01 under COMAR 36.06.06 Electronic (a) “Electronic gaming device” means an electronic Gaming Device Enforcement. machine, apparatus, or device that can be configured to: This action was considered at the Maryland State Lottery and (i) Operate by inserting, depositing, or placing with Gaming Control Commission’s open meeting held on April 21, 2014, another person money, a token, or another object; and notice of which was given pursuant to State Government Article, (ii) Through the element of chance, the reading of a game §10-506(c), Annotated Code of Maryland. of chance, the delivery of a game of chance, or any other outcome Statement of Purpose unpredictable by the user, award the user anything of value other The purpose of this action is to add new regulations to incorporate than an award of free play or the right to receive anything of value provisions that better define and refine the requirements for other than an award of free play. electronic gaming devices. (b) “Electronic gaming device” does not include a skills- based amusement device that is registered with the Commission and: Comparison to Federal Standards (i) Awards only free play; There is no corresponding federal standard to this proposed action. (ii) Is a redemption device; or (iii) Is a merchandiser device that dispenses noncash Estimate of Economic Impact merchandise or prizes having a wholesale value of not more than The proposed action has no economic impact. $30. Economic Impact on Small Businesses (2) “Facility” means a location where electronic gaming The proposed action has minimal or no economic impact on small devices are operated. businesses. (3) “Independent certified testing laboratory” means a person engaged in the testing and verification of electronic gaming devices, Impact on Individuals with Disabilities skills-based amusement devices, and related equipment, systems, and The proposed action has no impact on individuals with disabilities. software that: Opportunity for Public Comment (a) Holds a certificate in good standing for compliance Comments may be sent to James B. Butler, Director, Legislative with: and Policy Affairs, Maryland Lottery and Gaming Control Agency, (i) International Organization for Standardization 1800 Washington Blvd., Suite 330, Baltimore, MD 21230, or call #17025 — General Requirements for the Competence of Testing and (410) 230-8781, or email to [email protected], or fax to (410) Calibration Laboratories; and 230-8727. Comments will be accepted through July 14, 2014. A (ii) International Organization for Standardization public hearing on these regulations will be held on Friday, June 27, #17020 — General Criteria for the Operation of Various Types of 2014, at 10 a.m., at the Maryland State Lottery and Gaming Control Bodies Performing Inspections; Agency Headquarters, 1800 Washington Blvd., Suite 330, Baltimore, MD 21230. Please call James B. Butler, Regulations Coordinator, if MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 724 (b) Has performed testing and certification of gaming located in Baltimore City and Baltimore County shall be required to equipment, systems, and software on behalf of a state within the be licensed by the relevant jurisdiction. United States for a period of 5 or more years; (c) Has been approved by the Commission to test and certify 36.06.02 Lawful and Unlawful Electronic Gaming equipment, systems, and software on its behalf; and (d) Meets any additional conditions and requirements Devices specified by the Commission. Authority: Criminal Law Article, §§12-301 and 12-301.1; State Government (4)”Key management” means an individual who owns or Article, §9-110; Annotated Code of Maryland operates an electronic gaming device at a facility. (5) “Merchandiser device”: .01 Lawful Electronic Gaming Devices. (a) Means a skills-based amusement device by which: An electronic gaming device is lawful if it is: (i) A player controls a mechanical or electromechanical A. Used by the Agency or, under the authority of the Agency, by a claw or other device to retrieve noncash merchandise or prizes; licensed retailer under State Government Article, Title 9, Subtitle 1, (ii) Every noncash merchandise or prize within the device Annotated Code of Maryland; must be retrievable during each play; and B. A video lottery terminal or table game permitted and licensed (b) May not include a feature that allows for adjustment of under State Government Article, Title 9, Subtitle 1A, Annotated Code the percentage of successful outcomes or level of skill required for a of Maryland; successful outcome. C. An instant bingo machine operated in compliance with COMAR (6) “Redemption device” means a skills-based amusement 36.07; device that only issues tickets, tokens, or other objects that represent D. A skills-based amusement device that is operated in compliance or that can be converted into noncash merchandise or prizes: with this subtitle; (a) At the location where the redemption device is located; E. A handheld device operated in compliance with Criminal Law (b) Where the wholesale value per ticket, token, or other Article, Title 13, Annotated Code of Maryland, and this subtitle that: object may not exceed 50 cents; (1) Displays only facsimiles of bingo cards that an individual (c) Where the cumulative award per play may not exceed a uses to mark and monitor contemporaneously to a live call of bingo wholesale value of $30; numbers called on the premises by an individual where the user is (d) Where tickets, tokens, or other objects may be operating the electronic gaming device; accumulated and converted into noncash merchandise or prizes; and (2) Does not permit a user to play more than 54 bingo cards at (e) Where the tickets, tokens, or other object or noncash the same time; merchandise or prizes may not be readily converted into cash. (3) Does not randomly generate any numbers; and (7) “Return” means the ratio of prizes won to the amount (4) Is not part of an integrated system; or wagered. F. A device operated in compliance with Criminal Law Article, (8) “Skill” means the ability to alter the return by not less than Title 13, Annotated Code of Maryland, and this subtitle that 75 percent in favor of the player over a completely random outcome. dispenses paper pull tab tip jar tickets or paper pull tab instant bingo (9) “Skills-based amusement device” means a machine, tickets that must be opened manually by the user provided that the apparatus, or device that: machine, apparatus, or device does not: (a) Operates or can be made to operate by inserting, (1) Read the tickets electronically; depositing, or placing with another person money, a token, or (2) Alert the user to a winning or losing ticket; or another object; and (3) Tabulate a player’s winnings and losses. (b) Through the element of skill awards the user: .02 Unlawful Electronic Gaming Devices. (i) Noncash merchandise or prizes whose wholesale An electronic gaming device is unlawful if it is not authorized by value may not exceed $30 unless approved by the Commission; Regulation .01 of this chapter. (ii) A ticket, token, or other object that represents or that can be converted into noncash merchandise or prizes whose wholesale value may not to exceed $30 unless approved by the 36.06.03 Application, Licensing, and Registration Commission; or Authority: Criminal Law Article, §§12-301 and 12-301.1; State Government (iii) The right to receive an item specified in §B(9)(b)(i) Article, §9-110; Annotated Code of Maryland or (ii) of this regulation. .01 Process. .03 Counties. A. Upon filing an application for a license under this subtitle, the A. The Commission may: applicant shall pay a nonrefundable application fee established by (1) Review a county’s licensing and regulatory process for the Commission. electronic gaming devices; and B. Applications. Documents submitted to the Commission under (2) Determine upon review that: this chapter shall be original documents and shall be in the format (a) The county’s licensing and regulatory process for required by Commission. electronic gaming devices is equivalent to a license from the C. Application Review. Commission; and (1) Upon receipt of an application by the Commission, the (b) A county license for owning, operating, or Commission shall review the application to determine whether it manufacturing an electronic gaming device in the county is contains all the information required under this chapter. equivalent to a State license. (2) If the Commission determines that the required information B. A decision of the Commission on the equivalency of a county’s has not been submitted, the Commission shall notify the applicant in licensing and regulatory process for electronic gaming devices under writing and state the nature of the deficiency. this regulation is final and not appealable. (3) An applicant notified in accordance with §C(2) of this C. Baltimore City and Baltimore County. In addition to the regulation may submit the documents necessary to complete the provisions of this title, applicants for electronic gaming devices to be application not later than 15 days after issuance of the notification.

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 725 (4) An applicant who is notified in accordance with §C(2) of B. An individual listed under §A of this regulation shall furnish the this regulation and who fails to submit the requested documents in a following: timely manner need not be certified by the Commission, and the (1) Full name and any previous names or aliases; Commission need not consider the application. (2) Date of birth; D. Changes in Application. (3) Home and facility addresses and telephone numbers; (1) If information submitted by an applicant as part of a license (4) Email address; application changes or becomes inaccurate before the Commission (5) Driver’s license number and state of issuance; and acts on the application, the applicant shall immediately notify the (6) Social Security number. Commission in writing of the change or inaccuracy. C. If the applicant is a corporation, the application documents (2) After an application has been filed by an applicant, the shall state the: applicant may not amend the application except: (1) State in which the applicant is incorporated; and (a) To address a deficiency in accordance with a notice sent (2) Name and address of the applicant’s agent for service of under §C(2) of this regulation; process in Maryland. (b) As required by the Commission or Commission staff for D. If an applicant is a nonprofit corporation, only an individual clarification of information contained in the application; or who is a director or officer of the applicant shall provide the (c) To address a change in the circumstances surrounding information required under §B of this regulation. the application that was outside the control of the applicant and that E. Inadvertent, nonsubstantive errors that might be made in affects the ability of the applicant to comply with the law or the furnishing the information required by this regulation may not be regulations of the Commission. used as a reason by the Commission for disqualifying the applicant. (3) To amend an application under §D(2)(c) of this regulation, an applicant shall file with the Commission a written request to .03 Electronic Gaming Device Facility License. amend the application, stating: A. General. Unless key management holds a valid electronic (a) The change in the circumstances surrounding the gaming device facility license issued by the Commission, key application that necessitates the amendment; management may not operate electronic gaming devices. (b) The nature of the amendment; and B. Application Fees. Beginning July 1, 2016, the application fee (c) The reason why the amendment is necessary to bring the for an electronic gaming device facility license is $50 for each application into compliance with the law or the regulations of the electronic gaming device that is in operation at the facility, subject to Commission. annual adjustments by the Commission. (4) The Commission shall grant or deny each request filed C. The electronic gaming device facility license issued by the under §D(3) of this regulation. Commission shall specify the maximum number of electronic gaming (5) A request shall be granted if the applicant demonstrates to devices that may be operated by key management under the the satisfaction of the Commission that: electronic gaming device facility license. (a) The circumstances requiring the amendment were D. The Commission may issue an electronic gaming device facility outside the control of the applicant; license subject to conditions. (b) Before the change in the circumstances surrounding the E. The Commission may issue an electronic gaming device facility application, the application complied with the pertinent provisions of license after determining that: the law or the regulations of the Commission; and (1) The applicant has paid the application fee under §B of this (c) The amendment is necessary to bring the application into regulation; compliance with the pertinent provisions of the law or the regulations (2) The applicant has furnished the Commission with the of the Commission. information and documentation required under this chapter; (6) An application for a license may be withdrawn if the: (3) The facility complies with the regulations of this title; and (a) Applicant submits a written request to the Commission to (4) All electronic gaming devices and associated equipment to withdraw the application; and be used in the facility have been tested and comply with any (b) Written request is submitted before the Commission has standards established by the Commission. denied the application. F. An electronic gaming device facility licensee has a continuing E. Payment and Collection. Applicants shall pay the duty to inform the Commission of an act or omission that the licensee administrative costs and fees required under this regulation by: knows or should know constitutes a violation of the Commission’s (1) Money order; regulations. (2) Certified check made payable to the “State of Maryland”; G. Term; Renewal; License Renewal Fee. or (1) The term of an electronic gaming device facility license is 1 (3) Any other manner designated by the Commission. year. F. Continuing Obligations. (2) The Commission may renew the license if, before the term (1) Applicants who are awarded a license shall, during the of the license expires, the licensee applies for renewal and: term of their licensures, conform to all of the information contained (a) Continues to comply with all licensing requirements; and in their license applications. (b) Pays a license application fee in the amount that is (2) Failure to conform to the information contained in a license required under §B of this regulation. application shall be grounds for the Commission to invoke against H. An applicant may request approval to operate electronic the licensee the sanctions described in Regulation .06 of this chapter. gaming devices that pay out noncash merchandise or prizes in excess of $30 by submitting: .02 Personal and Background Information. (1) A written explanation as to how the device awards prizes of A. Except as otherwise provided by this regulation, the application minimal value, that includes: documents submitted under Regulation .01B of this chapter shall (a) A description of how the game operates; and include the information under §B of this regulation, for an individual (b) The maximum noncash merchandise or prize wholesale who is key management. value offered; (2) Testing results as required under COMAR 36.06.05;

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 726 (3) Technical and operator manuals; and (c) A merchandiser device that dispenses noncash (4) Other information required by the Commission. merchandise or prizes having a wholesale value of not more than $30; and .04 Electronic Gaming Device Manufacturer/Distributor Licenses. (4) Any additional information as required by the Commission. A. General. C. A person required to register shall affix a Commission (1) Unless a manufacturer or distributor holds a valid registration tag provided under COMAR 36.06.04 to each device electronic gaming device manufacturer/distributor license issued by described under §B(3) of this regulation. the Commission, the manufacturer or distributor may not offer electronic gaming devices. .06 Corrective Action. (2) The following persons must meet the Commission’s A. Deficiency. If the Director determines that a licensee under this electronic gaming device manufacturer/distributor license subtitle no longer meets a license requirement of this subtitle, or that requirements: there is cause for imposing sanctions under Regulation .07 of this (a) A manufacturer or distributor; and chapter, the Director may: (b) Each person that owns, controls, or is a representative of (1) Assess the seriousness of the deficiency; a manufacturer or distributor. (2) Require the licensee to develop a corrective action plan; B. Application Fees. Beginning July 1, 2016, the application fee (3) Determine whether it is necessary during the pendency of for a manufacturer or distributor is $150 for each electronic gaming the corrective action process to emergently suspend the license; device provided by the manufacturer or distributor that is operation (4) Evaluate and, if acceptable to the Director, approve the in the State, subject to annual adjustments by the Commission. corrective action plan; C. The electronic gaming device manufacturer/distributor license (5) Determine appropriate timelines for the completion of issued by the Commission shall specify the maximum number of corrective action; electronic gaming devices that may be offered by the manufacturer or (6) Conduct periodic monitoring of a licensee for which the distributor under the electronic gaming device Director required a corrective action plan to assess the licensee’s manufacturer/distributor license. progress toward remedying the deficiencies; and D. The Commission may issue an electronic gaming device (7) Recommend that the Commission impose a sanction under manufacturer/distributor license subject to conditions. Regulation .07 of this chapter. E. The Commission may issue an electronic gaming device B. Deficiency Notice. Upon determining that corrective action is manufacturer/distributor license after determining that: required to remedy a deficiency, the Director shall give written (1) The applicant has paid the application fee under §B of this notice to a licensee that includes: regulation; (1) A description of the violation; (2) The applicant has furnished the Commission with the (2) A description of the possible sanctions; and information and documentation required under this chapter; (3) The requirement for the licensee to submit a corrective (3) The applicant complies with the regulations of this title; action plan to the Director within a time frame established by the and Director. (4) All electronic gaming devices and associated equipment to C. Corrective Action Plan. be offered by the manufacturer or distributor have been tested and (1) Within 10 days of receipt of a deficiency notice under §B of comply with any standards established by the Commission. this regulation, the licensee shall submit a corrective action plan to F. A manufacturer/distributor licensee has a continuing duty to the Director for the Director’s approval. inform the Commission of an act or omission that the licensee knows (2) The Director shall review the corrective action plan and or should know constitutes a violation of the Commission’s inform the licensee whether the corrective action plan is acceptable. regulations. (3) If the licensee fails to submit an acceptable corrective G. Term; Renewal; License Renewal Fee. action plan within the time described under §C (1) of this regulation, (1) The term of an electronic gaming device the Director may: manufacturer/distributor license is 1 year. (a) Provide the licensee with additional time to submit a (2) The Commission may renew the license if, before the term revised corrective action plan; or of the license expires, the licensee applies for renewal and: (b) Impose a sanction on the licensee under Regulation .07 (a) Continues to comply with all licensing requirements; and of this chapter. (b) Pays a license application fee in the amount that is (4) If the Director provided a licensee notice under §B(3) of required under §B of this regulation. this regulation and received no timely written response, the Commission may adopt as final the Director’s decision to impose a .05 Registration. sanction under Regulation .07 of this chapter. A. A person who operates a skills-based amusement device shall D. Corrective Action Outcomes. register with the Commission if the device: (1) If at any time during the corrective action plan period the (1) Awards only free play; Director determines that the licensee has failed to fulfill a (2) Is a redemption device; or requirement of the corrective action plan or has made insufficient (3) Is a merchandiser device that dispenses noncash progress toward remedying a deficiency, the Director may: merchandise or prizes having a wholesale value of not more than (a) For good cause, extend the time for completion of a $30. corrective action plan; or B. A person required to register shall provide in a manner (b) Emergently suspend the licensee’s license. specified by the Commission: (2) If at the end of the corrective action plan period the (1) The name of the person operating the device; licensee has failed to adequately remedy a deficiency, the Director (2) The address of the location where the device is operated; may impose a sanction under Regulation .07 of this chapter. (3) A description of each device with an indication whether the device: (a) Awards only free play; (b) Is a redemption device; or MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 727 .07 Sanctions. (2) May not be considered final and binding until approved by A. The Director may impose sanctions on a licensee for: the Commission. (1) Violating or failing to fulfill the licensee’s responsibilities C. If a licensee violates a term of a settlement agreement, nothing or a condition of a license under this subtitle; in this regulation shall be construed to prevent the Commission from (2) Violating: imposing a penalty or sanction against the licensee for that, or the (a) A provision of the law; underlying, violation. (b) A regulation adopted under the law; or (c) An order or directive of the Commission; .09 Hearings. (3) Providing the Commission with false or misleading A. The Commission shall conduct a hearing in order to: information; (1) Deny a license; (4) Failing to cooperate with the Commission; (2) Suspend a license; or (5) Failing to remit, or failing to make timely remittance of, (3) Revoke a license. funds owed to the Commission; B. Denial of a License. (6) Failing to prepare, submit, or implement an adequate (1) After reviewing an application submitted under this corrective action plan under Regulation .06C of this chapter; chapter, the Director may recommend that the Commission deny a (7) Incurring criminal charges related to the conduct of illegal license. gaming; (2) If the Director recommends that the Commission deny a (8) Possessing materials or equipment indicating involvement license, the Director, or the Director’s designee, shall promptly by the licensee or the licensee’s employees in the conduct of illegal provide the applicant with written notice of the: gaming; or (a) Recommendation for denial; (9) Other activities or action deemed by the Director to require (b) Basis for the recommendation; and the imposition of a sanction. (c) Applicant’s right to request a reconsideration meeting B. Types of Sanctions. Sanctions may include emergency with the Director or the Director’s designee. suspension, suspension, revocation, and placement of conditions on (3) An applicant may submit to the Commission a written the license. request for a reconsideration meeting within 15 days of the date of C. Suspension, Revocation, and Conditions. the notice described in §B(2) of this regulation. (1) Except as set forth in §D of this regulation, the Director (4) If an applicant fails to timely submit a request under §B(3) shall give the licensee notice of the intended suspension, revocation, of this regulation, the Commission may adopt as final the or imposition of a condition at least 15 days before the imposition of recommendation of the Director or the Director’s designee. the intended sanction. (5) During a reconsideration meeting, an applicant may: (2) A licensee may appeal the Director’s imposition of a (a) Be represented by counsel; and sanction before the date the sanction is imposed by submitting a (b) Present evidence as to why the license should be request for a hearing before the Commission. granted. (3) The final action on a sanction is subject to judicial review (6) If after the reconsideration meeting the applicant is as provided in State Government Article, Title 10, Subtitle 2, dissatisfied with the recommendation of the Director or the Annotated Code of Maryland. Director’s designee, the applicant may submit to the Commission, in D. Emergency Suspension. writing: (1) Notwithstanding any other requirement of this chapter, if (a) A request for hearing before the Commission on the the Director determines that immediate action is necessary to protect recommendation of the Director or the Director’s designee; and against an imminent, serious threat by a licensee to the security, (b) The applicant’s legal and factual bases for disagreeing financial stability, reputation, or integrity of the State, the Director with the recommendation of the Director or the Director’s designee. may suspend a license without prior notice. (7) An applicant may submit a hearing request to the (2) If the Director emergently suspends a license, the Director Commission within 15 days of the date of the recommendation of the shall provide the licensee with written notice that includes: Director or the Director’s designee after the reconsideration (a) A statement of the authority upon which the suspension meeting. is based; (8) If an applicant fails to timely submit a hearing request (b) The nature of the violation; under §B(6), the Commission may adopt as final the recommendation (c) The duration of suspension; of the Director or the Director’s designee. (d) Information about the licensee’s obligation to submit to (9) A hearing request that complies with §B(6) of this the Agency a corrective action plan; and regulation shall be the subject of a hearing before the Commission, (e) A statement of the licensee’s right to request a after which the Commission shall: Commission hearing. (a) Determine that the applicant is qualified and grant the (3) If after a license is emergently suspended, the licensee does license; or not submit a timely written request for a Commission hearing, the (b) Determine that the applicant is not qualified or Director may move to revoke the license by giving the licensee notice disqualified and: under §C(1) of this regulation. (i) Deny the license; and (ii) Prepare an order denying the license with a statement .08 Settlement. of the reasons and specific findings of fact. A. The Commission may provide a licensee with the opportunity to (10) The Commission’s decision is final. discuss with staff a means of entering into a settlement agreement C. A Commission hearing shall be conducted in the manner between the licensee and the Commission by which the violation is specified in: settled without a penalty or sanction. (1) State Government Article, Title 10, Subtitle 2, Annotated B. A settlement agreement: Code of Maryland; and (1) Shall be signed by an authorized representative of the (2) COMAR 36.01.02.06. licensee and the Director or the Director’s designee; and

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 728 36.06.04 Electronic Gaming Device General 36.06.05 Electronic Gaming Device Technical Standards Standards Authority: Criminal Law Article, §§12-301 and 12-301.1; State Government Authority: Criminal Law Article, §§12-301 and 12-301.1; State Government Article, §9-110; Annotated Code of Maryland Article, §9-110; Annotated Code of Maryland .01 Compliance with Federal Law. .01 Testing, Certification, and Approval of Equipment, Systems, or A person who transports an electronic gaming device shall comply Software. with applicable provisions of 15 U.S.C. §§1171—1178, commonly A. A manufacturer or distributor may not offer the equipment, known as the Johnson Act. systems, or software enumerated in §E of this regulation, or a modification to a Commission-approved version of that equipment, .02 Transportation. system, or software, for sale, lease, distribution, or use in a facility A. Unless otherwise directed by the Commission, a licensee or without it having been: entity required to register under this subtitle shall submit written (1) Tested and certified by: notice on a quarterly basis to the Commission indicating (a) An independent certified testing laboratory; transportation of an electronic gaming device or skills-based (b) The Commission; or amusement device. (c) Other testing facility recognized by the Commission; and B. For each electronic gaming device or skills-based amusement (2) Approved in writing by the Commission. device transported, a licensee or entity required to register under this B. An electronic gaming device facility licensee may not purchase, subtitle shall submit to the Commission a written notice containing: lease, or otherwise acquire the right to install, utilize, or make (1) The name and address of the person initiating available for use the equipment, systems, or software enumerated in transportation; §E of this regulation, or a modification to a Commission-approved (2) The name and address of the destination; version of that equipment, system, or software, without it having (3) The name and address of the manufacturer or distributor; been: (4) A description of the device to be transported; (1) Tested and certified by: (5) The device certification or registration control number; and (a) An independent certified testing laboratory; (6) Any other information requested by the Commission. (b) The Commission; or C. A licensee or entity required to register under this subtitle shall (c) Other testing facility recognized by the Commission; and promptly submit to the Commission written notice of any changes to (2) Approved in writing by the Commission. the information already submitted as required under §B of this C. An electronic gaming device facility licensee may not modify, regulation. alter, or tamper with an electronic gaming device. .03 Register. D. Modification, alteration, or tampering with an electronic A. The Commission shall maintain a register of each electronic gaming device may result in the immediate suspension of a license by gaming device and skills-based amusement device placed in the Commission. operation in the State. E. The testing, certification, and approval requirements of this B. For each electronic gaming device and skills-based amusement regulation shall, at a minimum, apply to: device placed into operation, the Commission shall: (1) An electronic gaming device; and (1) Assign a device certification or registration control (2) Any component of the device. number; and F. A prototype of equipment, a system, or software required to be (2) Assign a certification or registration tag that shall be tested, certified, and approved under §E of this regulation, or a affixed to the device. modification to a Commission-approved version of that equipment, C. If an electronic gaming device or skills-based amusement system, or software shall, at a minimum, be tested for: device is transported outside of a facility, a licensee or entity (1) Overall operational integrity; required to register under this subtitle shall: (2) Compliance with applicable State laws and Commission (1) Remove the certification or registration tag; and regulations; and (2) Submit the certification or registration tag to the (3) Any other standards required by the Commission pertaining Commission with the written notice required under Regulation .02 of to the equipment, system, or software. this chapter. G. If a facility develops any equipment, system, or software that is functionally equivalent to that enumerated in this regulation, or .04 Testing. modifies a Commission-approved version of that equipment, system, A. The Commission may test electronic gaming devices and or software, the facility shall be subject to the testing, certification, associated equipment for: and approval requirements of this chapter to the same extent as if the (1) Accuracy; and equipment, system, or software were developed or modified by a (2) Any other function that the Commission determines may be manufacturer. necessary to validate the proper functionality and performance of the H. A manufacturer or distributor shall pay all costs of testing, devices and equipment. certification, and approval under this chapter including, but not B. The Commission may accept prior testing by an independent limited to, all costs associated with: certified testing laboratory or other testing facility recognized by the (1) Transportation; Commission. (2) Equipment and technical services required to conduct the testing and certification process; and (3) Implementation testing. .02 Submission of an Electronic Gaming Device for Testing and Certification. A. A manufacturer or distributor seeking Commission approval for an electronic gaming device shall submit a prototype of the MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 PROPOSED ACTION ON REGULATIONS 729 electronic gaming device to a location designated by the (b) Version number; Commission. (2) Facility; B. A manufacturer seeking Commission approval for a (3) Reason for the emergency modification; and modification to a Commission-approved version of an electronic (4) Proposed date and time of installation. gaming device, including a change in theme, shall submit the C. A manufacturer or distributor may not install an emergency modification to a location designated by the Commission. modification without the written approval of the Commission. C. At the conclusion of testing of a prototype or modification to an D. No more than 15 days following receipt of Commission electronic gaming device, the testing entity shall issue to the authorization on an emergency modification, a manufacturer or Commission a certification report in: distributor shall submit a modification identical to that receiving (1) Electronic form; and emergency authorization for testing, certification, and approval (2) A format acceptable to the Commission. under this chapter. D. Trial Period. (1) Upon receipt of a certification report from a testing entity, .05 Notice of Known or Suspected Defect. but prior to a decision to approve a prototype or modification to an A. A manufacturer, distributor, or facility shall immediately notify electronic gaming device, the Commission may require a trial period. the Commission of any known or suspected defect or malfunction in (2) A trial period shall be of a scope and duration the equipment, system, or software required to be tested, certified, and Commission deems appropriate to assess the operation of the approved by the Commission. electronic gaming device in a live environment. B. A manufacturer or distributor shall: (3) A trial period shall be subject to compliance by the (1) Confirm in writing any notice given to the Commission manufacturer or distributor and the facility with specific terms and verbally, pursuant to §A of this regulation; and conditions required by the Commission. (2) If required by the Commission, notify an electronic gaming (4) The Commission may order termination of the trial period device facility licensee of any known or suspected defect or at any time upon a determination by the Commission that: malfunction in equipment, a system, or software installed in its (a) A manufacturer, distributor, or facility has not complied facility. with the terms and conditions required by the Commission; or C. A facility shall immediately notify the Commission of any (b) The electronic gaming device is not performing as known or suspected defect or malfunction in equipment, system, or expected. software required to be tested, certified, and approved by the E. Upon receipt of a certification report from a testing entity, the Commission. Commission may: D. A facility shall confirm in writing any notice given to the (1) Approve the prototype or modification, with or without Commission verbally, pursuant to §C of this regulation. specific conditions; .06 Revocation. (2) Reject the prototype or modification; A. The Commission may, at any time, revoke an approval granted (3) Require additional testing; or under this chapter to equipment, a system, or software on a (4) Require a trial period under §D of this regulation. determination by the Commission that the equipment, system, or F. Commission approval of a prototype or modification of an software does not comply with the technical standards specified by electronic gaming device does not constitute a guarantee of its safety the Commission pertaining to the equipment, system, or software, as or reliability. amended or clarified. .03 Related Documentation. B. The Commission may, at any time, impose additional conditions Upon request, a manufacturer or distributor shall deliver to the on the operation or placement of Commission-approved equipment, Commission: systems, or software. A. Technical and operator manuals; B. Pay table information; 36.06.06 Electronic Gaming Device Enforcement C. A file, in a form satisfactory to the Commission, describing the Authority: Criminal Law Article §§12-301.1 and 12-113; State Government electronic gaming device, including: Article, §9-110 Annotated Code of Maryland (1) Manufacturer/Distributor: (a) Serial number; .01 Enforcement. (b) Model number; A. A decision by the Commission shall be the final determination (c) Software identification number; and as to whether a gaming device being operated in the State is: (d) Version number; (1) A legal gaming device or device consistent with the (2) Denomination or a designation as multi-denomination; provisions of this subtitle; and (3) Cabinet style; and (2) Being operated in a lawful manner. (4) Other information required by the Commission. B. If a local law enforcement unit fails to promptly enforce a final determination made under §A of this section, the Commission shall .04 Emergency Modification of Equipment, System, or Software. refer the matter to the Department of State Police for enforcement of A. Notwithstanding the requirements of Regulations .01 and .02 of the law. this chapter, the Commission may, on submission of a written request C. Notwithstanding §B of this section, if a local law enforcement by a manufacturer or distributor, authorize installation of a agency refuses to enforce a provision regarding the legal operation modification to equipment, a system, or software required to be of amusement games operated in Baltimore City or Baltimore tested, certified, and approved by the Commission under Regulation County, the Commission shall refer the matter to the appropriate .01 of this chapter, on an emergency basis. office of the State’s Attorney. B. A written request submitted by a manufacturer or distributor to the Commission shall document the: STEPHEN L. MARTINO (1) Equipment, system, or software proposed for emergency Director modification including: State Lottery and Gaming Control Agency (a) Software identification number; and MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 730 General Notices

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

BOARD OF ARCHITECTS GOVERNOR’S OFFICE OF CRIME ELEVATOR SAFETY REVIEW CONTROL AND PREVENTION BOARD Subject: Public Meeting Date and Time: June 25, 2014, 10 a.m. Subject: Public Meeting Subject: Public Meeting Place: 500 N. Calvert St., 3rd Fl. Conf. Date and Time: July 17, 2014, 1 — 3 p.m. Date and Time: June 27, 2014, 10 a.m. — Rm., Baltimore, MD Place: GOCCP, Baltimore, MD 12 p.m. Contact: Pamela J. Edwards (410) 230- Contact: Jessica Wheeler (410) 821-2824 Place: 500 N. Calvert St., 2nd Fl. Conf. 6262 [14-12-39] Rm., Baltimore, MD [14-12-21] Contact: Raquel M. Meyers (410) 230- COMMISSION ON CRIMINAL 6379 ATHLETIC COMMISSION SENTENCING POLICY [14-12-07]

Subject: Public Meeting Subject: Public Meeting DEPARTMENT OF HEALTH AND Date and Time: June 25, 2014, 2 — 5 p.m. Date and Time: July 15, 2014, 5:30 — MENTAL HYGIENE Place: 500 N. Calvert St., 3rd Fl. Conf. 7:30 p.m. Rm., Baltimore, MD Place: Judiciary Education and Conference Subject: Public Meeting Contact: Patrick Pannella (410) 230-6223 Center, 2009D Commerce Park Dr., Date and Time: July 23, 2014, 6 — 8 p.m. [14-12-20] Training Rms. 1 & 2, Annapolis, MD Place: Johns Hopkins University Contact: David Soule (301) 403-4165 ProHealth, 1849 Gwynn Oak Ave., ADVISORY COUNCIL ON [14-12-19] Baltimore, MD CEMETERY OPERATIONS Contact: Ashley Fried (410) 767-5121 GOVERNOR’S OFFICE OF THE [14-12-18] Subject: Public Meeting DEAF AND HARD OF HEARING Date and Time: June 26, 2014, 10 a.m. — BOARD OF HEATING, 1 p.m. Subject: Public Meeting VENTILATION, AIR- Place: Dept. of Labor, Licensing, and Date and Time: June 21, 2014, 10 a.m. — CONDITIONING, AND Regulation, 500 N. Calvert St., 2nd Fl. 12 p.m. REFRIGERATION CONTRACTORS Conf. Rm., Baltimore, MD Place: Salisbury, MD (HVACR) Contact: Marilyn Harris-Davis (410) 230- Contact: Lisa Kornberg (410) 767-6290 6229 [14-12-35] Subject: Public Meeting [14-12-04] Date and Time: July 9, 2014, 10:30 a.m. GOVERNOR’S OFFICE OF THE — 12:30 p.m. CORRECTIONAL TRAINING DEAF AND HARD OF HEARING Place: 500 N. Calvert St., 3rd Fl. Conf. COMMISSION Rm., Baltimore Subject: Public Meeting Contact: John Papavasiliou (410) 230- Subject: Public Meeting Date and Time: June 21, 2014, 1 — 4 p.m. 6160 Date and Time: July 16, 2014, 10 a.m. — Place: Workforce Technology Center, [14-12-03] 12 p.m. Baltimore, MD Place: Public Safety Education and Add’l. Info: Quarterly Meeting of the DEPARTMENT OF HUMAN Training Center, 6852 4th St., Sykesville, Maryland Advisory Council on the Deaf RESOURCES MD and Hard of Hearing Add’l. Info: A portion of the meeting may Contact: Lisa Kornberg (410) 767-6290 Subject: Public Hearing be held in closed session. [14-12-34] Date and Time: June 25, 2014, 10 a.m. — Contact: Thomas C. Smith (410) 875-3605 12 p.m. [14-12-14] PROFESSIONAL STANDARDS AND Place: Northwest Community Action TEACHER EDUCATION BOARD Center, 3939 Reisterstown Rd., Multi- GOVERNOR’S OFFICE OF CRIME Purpose Rm., Baltimore, MD Subject: Public Meeting CONTROL AND PREVENTION Add’l. Info: A public hearing will be held Date and Time: July 10, 2014, 9:30 a.m. to solicit comments for the Low-Income Subject: Public Meeting — 12 p.m.; August 7, 2014, 9:30 a.m. — Home Energy Assistance Program Date and Time: July 7, 2014, 1 — 3 p.m. 12 p.m. (LIHEAP) State Plan that will be submitted Place: GOCCP, Baltimore, MD Place: 200 W. Baltimore St., 7th Fl. Board to the U.S. Department of Health and Contact: Jessica Wheeler (410) 821-2824 Rm., Baltimore, MD Human Services, Administration for [14-12-38] Contact: Ruth Downs (410) 767-0385 Children and Families, Office of [14-12-11] Community Services, Division of Energy Assistance. Written comments regarding the Plan must be submitted no later than July 2, 2014, 4 p.m., to Leslie Moore,

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 GENERAL NOTICES 731 Senior Policy Analyst, Office of Add’l. Info: Telemedicine Technology BOARD OF PODIATRIC MEDICAL Home Energy Programs, Department of Solutions and Standards Advisory Group EXAMINERS Human Resources, Family Investment Contact: Christine Karayinopulos (410) Administration, 311 W. Saratoga Street, 764-3444 Subject: Public Meeting Date and Time: September 11, 2014, 1 Baltimore MD 21201. [14-12-29] Contact: Blair Adams (410) 545-6958 p.m. Place: 4201 Patterson Ave., Rm. 110, [14-12-12] MARYLAND HEALTH CARE Baltimore, MD COMMISSION Contact: Sheri Henderson (410) 764-4785 FACILITIES ADVISORY BOARD — Subject: Public Meeting [14-12-06] JUVENILE SERVICES Date and Time: July 17, 2014, 1 p.m. Subject: Public Meeting Place: Maryland Health Care Commission, POLICE TRAINING COMMISSION Date and Time: July 12, 2014, 10 a.m. — 4160 Patterson Ave., Conf. Rm. 100, 12 p.m. Baltimore, MD Subject: Public Meeting Place: Baltimore City Juvenile Justice Contact: Valerie Wooding (410) 764-3460 Date and Time: July 9, 2014, 10 a.m. — Center, 300 N. Gay St., Baltimore, MD [14-12-08] 12 p.m. Contact: Bridgett Tucker (410) 752-3500 Place: Public Safety Education and x 130 MARYLAND HEALTH CARE Training Center, 6852 4th St., Sykesville, MD [14-12-10] COMMISSION Add’l. Info: A portion of the meeting may Subject: Public Meeting be held in closed session. BOARD FOR PROFESSIONAL LAND Date and Time: July 21, 2014, 2 — 4 p.m. Contact: Thomas C. Smith (410) 875-3605 SURVEYORS Place: Maryland Health Care Commission, [14-12-15] 4160 Patterson Ave., Conf. Rm. 100, Subject: Public Meeting Baltimore, MD Date and Time: July 2, 2014, 10 a.m. PRINCE GEORGE’S COUNTY Add’l. Info: Telemedicine Task Force Place: 500 N. Calvert St., 3rd Fl. Conf. JUVENILE COURT AND SCHOOL Financial and Business Model Advisory Rm., Baltimore, MD SAFETY WORKGROUP Group Contact: Pamela J. Edwards (410) 230- Contact: Christine Karayinopulos (410) 6262 Subject: Public Meeting 764-3444 Date and Time: June 30, 2014, 10 a.m. — [14-12-22] [14-12-30] 12 p.m. Place: Largo Government Center, 9201 BOARD FOR PROFESSIONAL LAND MARYLAND HEALTH CARE Basil Ct., Penthouse Conf. Rm., Lake SURVEYORS—MINIMUM COMMISSION Arbor, MD STANDARDS OF PRACTICE Add’l. Info: Ch. 439, Acts of 2014 COMMITTEE Subject: Public Meeting Contact: Tim Gilbert (410) 627-5318 Date and Time: July 22, 2014, 1:30 — [14-12-32] Subject: Public Meeting 3:30 p.m. Date and Time: July 2, 2014, 1 p.m. Place: MIEMSS, 653 West Pratt St., Rm. Place: 500 N. Calvert St., 3rd Fl. Conf. 212, Baltimore, MD STATE BOARD OF INDIVIDUAL TAX Rm., Baltimore, MD Add’l. Info: Telemedicine Clinical PREPARERS Contact: Pamela J. Edwards (410) 230- Advisory Group 6262 Subject: Public Meeting Contact: Christine Karayinopulos (410) Date and Time: June 23, 2014, 1— 5 p.m. [14-12-23] 764-3444 Place: 500 N. Calvert St., 3rd Fl. Conf. [14-12-31] Rm., Baltimore , MD MARYLAND STATE LOTTERY AND Contact: Douglas Blackstone (410) 230- GAMING CONTROL COMMISSION GOVERNOR’S COMMISSION ON 6244 MARYLAND MILITARY Subject: Public Meeting [14-12-13] MONUMENTS Date and Time: June 26, 2014, 10 a.m. — 12 p.m. Subject: Public Hearing DEPARTMENT OF VETERANS Place: Montgomery Park Business Center, Date and Time: July 9, 2014, 2 — 3:30 AFFAIRS/MARYLAND VETERANS 1800 Washington Blvd., Ste. 330, p.m. COMMISSION Baltimore, MD Place: 100 Community Pl., Crownsville, Subject: Public Meeting Contact: Marie A. Torosino (410) 230- MD Date and Time: July 15, 2014, 2 — 3:30 8790 Contact: Denise Nooe (410) 260-3840 p.m. [14-12-37] [14-12-28] Place: 100 Community Pl., Crownsville, MD MARYLAND HEALTH CARE BOARD OF PODIATRIC MEDICAL Contact: Denise Nooe (410) 260-3840 EXAMINERS COMMISSION [14-12-27] Subject: Public Meeting Subject: Public Meeting Date and Time: July 10, 2014, 10 a.m. — Date and Time: July 10, 2014, 1 p.m. 12 p.m. Place: 4201 Patterson Ave., Rm. 110, Place: Maryland Health Care Commission, Baltimore, MD 4160 Patterson Ave., Conf. Rm. 100, Contact: Sheri Henderson (410) 764-4785 Baltimore, MD [14-12-05]

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 GENERAL NOTICES 732 BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORS Subject: Public Meeting Date and Time: July 17, 2014, 10 a.m. — 4 p.m. Place: Maryland Environmental Service, Millersville, MD Add’l. Info: A portion of this meeting may be held in closed session. Contact: Pat Kratochvil (410) 537-3167 [14-12-01]

BOARD OF WELL DRILLERS Subject: Public Meeting Date and Time: July 23, 2014, 9 a.m. — 4 p.m. Place: MDE, 1800 Washington Blvd. Terra Conf. Rm., Baltimore MD Add’l. Info: A portion of this meeting may be held in closed session. Contact: Willie Everett (410) 537-3644 [14-12-02]

WORKERS’ COMPENSATION COMMISSION Subject: Public Meeting Date and Time: July 10, 2014, 9 — 11 a.m. Place: 10 E. Baltimore St., Baltimore, MD Add’l. Info: Portions of this meeting may be held in closed session. Contact: Amy Lackington (410) 864-5300 [14-12-09]

MARYLAND REGISTER, VOLUME 41, ISSUE 12, FRIDAY, JUNE 13, 2014 COMAR IN PDF — ORDER FORM Titles Agency Name Price1 Subscription2 Quantity Total Complete set of COMAR PDF format $1,000 $500 ______Title 01 Executive Department $35 $24 ______Title 02 Office of the Attorney General $22 $13 ______Title 03 Comptroller of the Treasury $30 $20 ______Title 04 General Services $16 $10 ______Title 05 Housing and Community Development $78 $50 ______Title 07 Human Resources $80 $53 ______Title 08 Natural Resources $78 $51 ______Title 09 Labor, Licensing and Regulation $89 $60 ______Title 10 Health & Mental Hygiene (All parts) ** $272 $180 ______Title 10 Part 1 ** $48 $32 ______Title 10 Part 2 ** $75 $50 ______Title 10 Part 3 ** $75 $50 ______Title 10 Part 4 ** $50 $35 ______Title 10 Part 5 ** $69 $50 ______Title 11 Transportation (All parts) ** $106 $75 ______Title 11 Part 1 (Transportation) ** $42 $25 ______Title 11 Parts 2 & 3 (MVA)** $74 $50 ______Title 12 Public Safety and Correctional Services $67 $43 ______Title 13A Board of Education $63 $42 ______Title 13B Higher Education Commission $25 $15 ______Title 14 Independent Agencies $80 $53 ______Title 15 Agriculture $48 $30 ______Title 16 Juvenile Service $23 $15 ______Title 17 Budget and Management $28 $16 ______Title 18 Assessments and Taxation $20 $12 ______Title 19A State Ethics Commission $24 $14 ______Title 20 Public Service Commission $49 $32 ______Title 21 State Procurement Regulations $48 $30 ______Title 22 State Retirement and Pension System $22 $13 ______Title 23 Board of Public Works $18 $11 ______Title 24 Business and Economic Development $34 $20 ______Title 25 State Treasurer $16 $9 ______Title 26 Environment (All parts) ** $189 $125 ______Title 26 Part 1 ** $54 $35 ______Title 26 Part 2 ** $83 $52 ______Title 26 Part 3 ** $57 $38 ______Title 26 Part 4 ** $37 $24 ______Title 27 Critical Area Comm. for the Chesapeake and Atlantic Coastal Bays $18 $10 ______Title 28 Office of Administrative Hearings $16 $9 ______Title 29 State Police $30 $18 ______Title 30 MD Institute for Emergency Medical Services Systems $25 $17 ______Title 31 Maryland Insurance Administration $68 $45 ______Title 32 Aging $25 $15 ______Title 33 State Board of Elections $42 $25 ______Title 34 Planning $31 $18 ______Title 35 Veterans Affairs $16 $9 ______Title 36 Maryland State Lottery and Gaming Control Agency - Pending $48 $30 ______Individual Binders (COMAR PDF’s binders not included) $15 S & H $9.00 ______Total: _____ Prices are for single user license only ~ Multi-user licenses are available. Please call 410-260-3876 for pricing information. 1 Price is per copy of each Title 2 Annual Subscription (optional) - Receive updated information quarterly. ~ If ordered, subscription quantities MUST match Title quantities. ** See the following pages for description of contents

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CODE OF MARYLAND REGULATIONS

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Part 1 Volume 1 01 Procedures 01 Office of the Secretary 02 Division of Reimbursements 02 Transportation Service Human Resources System 03 Health Statistics 03 Maryland Aviation Administration 04 Fiscal 04 State Highway Administration 05 Freestanding Ambulatory Care Facilities 05 Maryland Port Administration 06 Diseases 06 Mass Transit Administration 07 Hospitals 07 Maryland Transportation Authority 08 Health Facilities Grants 08 State Railroad Administration Part 2 09 Vacant 09 Medical Care Programs 10 Vacant Part 3 Volume 2 and Volume 3 10 Laboratories 11 Motor Vehicle Administration – Administrative Procedures 11 Maternal and Child Health 12 MVA – Licensing of Businesses and Occupations 12 Adult Health 13 MVA – Vehicle Equipment 13 Drugs 14 MVA – Vehicle Inspections 14 Cancer Control 15 MVA – Vehicle Registration 15 Food 16 MVA – Vehicle Operations 16 Housing 17 MVA – Driver Licensing and Identification Documents 17 Sanitation 18 MVA – Financial Responsibility Requirements 18 Human Immunodeficiency Virus (HIV) Infection and 19 MVA – School Vehicles Acquired Immunodeficiency Syndrome (AIDS) 20 MVA – Motorcycle Safety Program 19 Dangerous Devices and Substances 21 MVA – Commercial Motor Vehicles 20 Kidney Disease Program 22 MVA – Preventive Maintenance Program 21 Mental Hygiene Regulations 23 MVA – Drivers’ Schools, Instructors, Driver Education Program 22 Developmental Disabilities Part 4 Title 26 23 Advance Directive Registry Department of the Environment – Part & Subtitles 24 Maryland Health Care Commission Part 1 25 Maryland Health Care Commission 01 General Provisions 26 Board of Acupuncture 02 Occupational, Industrial, and Residential Hazards 27 Board of Nursing 03 Water Supply, Sewerage, Solid Waste, and Pollution Control 28 Board of Examiners in Optometry Planning and Funding 29 Board of Morticians and Funeral Directors 04 Regulation of Water Supply, Sewage Disposal, and Solid Waste 30 Commission on Kidney Disease 05 Board of Well Drillers 31 Health Occupation Boards 06 Waterworks and Waste Systems Operators 32 Board of Physicians 07 Board of Environmental Sanitarians 33 Board of Examiners of Nursing Home Administrators Part 2 34 Board of Pharmacy 08 Water Pollution 35 Postmortem Examiners Commission 09 Maryland CO2 Budget Trading Program 36 Board of Examiners of Psychologists 10 Oil Pollution and Tank Management Part 5 11 Air Quality 37 Health Services Cost Review Commission 12 Radiation Management 38 Board of Physical Therapy Examiners Part 3 39 Board of Nursing – Certified Nursing Assistants 13 Disposal of Controlled Hazardous Substances 40 Board of Podiatric Medical Examiners 14 Hazardous Substance Response Plan 41 Board of Examiners for Audiologists, Hearing Aid 15 Disposal of Controlled Hazardous Substances ― Dispensers, and Speech-Language Pathologists Radioactive Hazardous Substances 42 Board of Social Work Examiners 16 Lead 43 Board of Chiropractic and Massage Therapy Examiners 17 Water Management 44 Board of Dental Examiners 18 Susquehanna River Basin Commission 45 Maryland Community Health Resources Commission Part 4 46 Board of Occupational Therapy Practice 19 Oil and Gas Resources 47 Alcohol and Drug Abuse Administration 20 Surface Coal Mining and Reclamation under 48 Child Abuse and Neglect Medical Reimbursement Program Federally Approved Program 49 State Anatomy Board 21 Mining 50 Tissue Banks 22 Coastal Facilities Review 51 Forensic Laboratories 23 Nontidal Wetlands 52 Preventive Medicine 24 Tidal Wetlands 53 Board of Nursing—Electrology Practice Committee 25 Ballast Water Management 54 Special Supplemental Nutrition Program for Women, 26 Community Right-to-Know Fund Infants, and Children (WIC) 27 Hazardous Material Security 55 State Board of Spinal Cord Injury Research 56 Board of Dietetic Practice 57 Board for Certification of Residential Child Care Program Professionals 58 Board of Professional Counselors and Therapists 59 Catastrophic Health Emergencies 60 Board of Environmental Health Specialists Last Updated 2/2014 61 Health Enterprise Zone Initiative

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