Issue Date: May 3, 2013 9 • Page 826

IN THIS ISSUE

General Assembly

Judiciary

Regulations

Errata

Special Documents

General Notices

Volume 40 • Issue 9 • Pages 775—826

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before April 15, 2013, 5 p.m. Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I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 April 15, 2013.

Brian Morris Acting Administrator, Division of State Documents

Office of the Secretary of State

Issue Date: May 3, 2013

MARYLAND REGISTER, VOLUME 40, ISSUE 9, FRIDAY, MAY 3, 2013

Information About the Maryland Register and COMAR

MARYLAND REGISTER

The Maryland Register is an official State publication published

every other week throughout the year. A cumulative index is

published quarterly.

The Maryland Register is the temporary supplement to the Code of

Maryland Regulations. Any change to the text of regulations

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

emergency action, must first be published in the Register.

The following information is also published regularly in the

Register:

• Governor‘s Executive Orders

• Attorney General‘s Opinions in full text

• Open Meetings Compliance Board Opinions in full text

• State Ethics Commission Opinions in full text

• Court Rules

• District Court Administrative Memoranda

• Courts of Appeal Hearing Calendars

• Agency Hearing and Meeting Notices

• Synopses of Bills Introduced and Enacted by the General

Assembly

• Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

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

date. Example:

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

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

1992.

CODE OF MARYLAND REGULATIONS (COMAR)

COMAR is the official compilation of all regulations issued by

agencies of the State of Maryland. The Maryland Register is

COMAR‘s temporary supplement, printing all changes to regulations

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

regulations printed in the Maryland Register are incorporated into

COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

COMAR regulations are cited by title number, subtitle number,

chapter number, and regulation number. Example: COMAR

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

DOCUMENTS INCORPORATED BY REFERENCE

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

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

incorporated document does not appear in COMAR, the provisions of

the incorporated document are as fully enforceable as any other

COMAR regulation. Each regulation that proposes to incorporate a

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

The Cumulative Table of COMAR Regulations Adopted, Amended

or Repealed, found online, also identifies each regulation

incorporating a document. Documents incorporated by reference are

available for inspection in various depository libraries located

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

depositories are listed in the first issue of the Maryland Register

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

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives

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

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

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

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

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

the Maryland Register in which the change occurred. The Maryland

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

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

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

SUBSCRIPTION INFORMATION

For subscription forms for the Maryland Register and COMAR, see

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

Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN

THE REGULATION-MAKING PROCESS

Maryland citizens and other interested persons may participate in

the process by which administrative regulations are adopted,

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

validity and applicability of regulations is determined. Listed below

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

are to State Government Article (SG),

Annotated Code of Maryland):

• By submitting data or views on proposed regulations either orally

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

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

Proposed Action on Regulations section of the Maryland Register).

(See SG, §10-112)

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

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

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

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

applies. (SG, Title 10, Subtitle 3)

• By petitioning the circuit court for a declaratory judgment

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

interferes with or impairs the legal rights or privileges of the

petitioner. (SG, §10-125)

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

Division of State Documents for publication in the Maryland

Register. (See SG, §7-213)

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes

and other mail to: Maryland Register, State House, Annapolis, Maryland

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

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

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

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

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

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

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

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

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

Illustrations by Carolyn Anderson, Dept. of General Services

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

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 777


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

Maryland Register .................................................................... 779

COMAR Research Aids Table of Pending Proposals .......................................................... 780

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

05 Department of Housing and Community

Development .......................................................... 788, 791

07 Department of Human Resources ..................................... 792

08 Department of Natural Resources ..................................... 793

09 Department of Labor, Licensing, and

Regulation ...................................................... 788, 789, 796

10 Department of Health and Mental Hygiene .............. 789, 798

13A State Board of Education .................................................. 805

15 Department of Agriculture ........................................ 789, 805

17 Department of Budget and Management .......................... 808

21 State Procurement Regulations ......................................... 789

31 Maryland Insurance Administration ................................. 810

36 Maryland State Lottery and Gaming Control

Agency ................................................................... 790, 811

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

publications and services of the Division of State Documents are

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

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

General Assembly

SYNOPSIS NO. 6 .................................................................. 783

The Judiciary

COURT OF APPEALS OF MARYLAND DISCIPLINARY PROCEEDINGS ................................... 787

Emergency Action on Regulations

05 DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT

HOMEBUYER EDUCATION AND COUNSELING Housing Counseling Certification for Prefile Mediation ... 788

09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION

RACING COMMISSION Thoroughbred Rules .......................................................... 788

Final Action on Regulations


REGULATION BOARD OF PLUMBING

State Plumbing Code ......................................................... 789 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

BOARD OF PHARMACY Pharmaceutical Services to Residents in Assisted Living

Programs and Group Homes ........................................... 789

15 DEPARTMENT OF AGRICULTURE SOIL AND WATER CONSERVATION

Fertilizer Application Requirements for Land Not Used for

Agricultural Purposes ..................................................... 789 21 STATE PROCUREMENT REGULATIONS

GENERAL PROVISIONS Terminology ...................................................................... 789 Applicability ...................................................................... 789

PROCUREMENT METHODS AND PROJECT DELIVERY

METHODS Mandatory Written Solicitation Requirements .................. 789

CONTRACT TERMS AND CONDITIONS Mandatory Contract Provisions—All Contracts (except

as provided under COMAR 21.05.07, 21.07.02, and

21.07.03) ........................................................................ 789 ADMINISTRATIVE AND CIVIL REMEDIES

Protests .............................................................................. 789 SOCIOECONOMIC POLICIES

Small Business Procurements ............................................ 789 Minority Business Enterprise Policies ............................... 789 Miscellaneous Purchasing Preferences .............................. 789

36 MARYLAND STATE LOTTERY AND GAMING

CONTROL AGENCY LOTTERY PROVISIONS

General .............................................................................. 790 Retailer Licensing.............................................................. 790 Retailer Requirements ....................................................... 790 Common Provisions for All Lottery Games ...................... 790 Specific Game Provisions .................................................. 790 Claims Procedures ............................................................. 790 Unclaimed Lottery Prizes .................................................. 790 Voluntary Assignment of Monetary Prizes ....................... 790

Proposed Action on Regulations


DEVELOPMENT HOMEBUYER EDUCATION AND COUNSELING

Housing Counseling Certification for Prefile Mediation ... 791 07 DEPARTMENT OF HUMAN RESOURCES

SOCIAL SERVICES ADMINISTRATION Out-of-Home Placement Program ..................................... 792

08 DEPARTMENT OF NATURAL RESOURCES FISHERIES SERVICE

Horseshoe Crabs ................................................................ 793 Shellfish Aquaculture and Leasing .................................... 794


REGULATION RACING COMMISSION

Thoroughbred Rules .......................................................... 796 BOARD OF ARCHITECTS

Continuing Professional Competency Requirements ........ 796 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

BOARD OF PHYSICIANS Delegation of Duties by a Licensed Physician — Physician

Assistant ......................................................................... 798 Licensure of Polysomnographic Technologists ................. 800 Licensure of Athletic Trainers ........................................... 801 Licensure of Radiation Therapists, Radiographers,

Nuclear Medicine Technologists, and Radiologist

Assistants ........................................................................ 802 Licensing of Respiratory Care Practitioners ...................... 803

Contents 778


13A STATE BOARD OF EDUCATION SCHOOL PERSONNEL

Programs for Professionally Certified Personnel ............... 805 15 DEPARTMENT OF AGRICULTURE

PESTICIDE USE CONTROL Use and Sale of Pesticides, Certification of Pesticide

Applicators and Pest Control Consultants, and Licensing

of Pesticide Businesses ................................................... 805 MARYLAND AGRICULTURAL LAND PRESERVATION

FOUNDATION Lot Released from Easement for Landowner or Child ....... 806

17 DEPARTMENT OF BUDGET AND MANAGEMENT PERSONNEL SERVICES AND BENEFITS

State Employees‘ Health Benefits...................................... 808 31 MARYLAND INSURANCE ADMINISTRATION

PROPERTY AND CASUALTY INSURANCE Addition, Reduction, or Elimination in Coverage Notice

Requirement.................................................................... 810 36 MARYLAND STATE LOTTERY AND GAMING

CONTROL AGENCY TABLE GAMES

Pai Gow Tiles Rules .......................................................... 811

Errata

COMAR 09.20.04.02 ............................................................. 819 COMAR 10.21.07.02 ............................................................. 819 COMAR 21.11.12 .................................................................. 819

Special Documents

DEPARTMENT OF THE ENVIRONMENT SUSQUEHANNA RIVER BASIN COMMISSION

Actions Taken at March 21, 2013, Meeting ................... 820

Public Hearing ............................................................... 821

General Notices

BOARD OF ARCHITECTS Public Meeting ................................................................... 823

BOARD OF AUDIOLOGISTS, HEARING AID

DISPENSERS, AND SPEECH-LANGUAGE

PATHOLOGISTS Public Meeting ................................................................... 823

BOARD OF BARBERS Public Meeting ................................................................... 823

ADVISORY COUNCIL ON CEMETERY OPERATIONS Public Meeting ................................................................... 823

BOARD OF CHIROPRACTIC AND MASSAGE THERAPY

EXAMINERS Public Meeting ................................................................... 823

MARYLAND COLLECTION AGENCY LICENSING BOARD Public Meeting ................................................................... 823

COMMUNICATIONS TAX REFORM COMMISSION Public Meeting ................................................................... 823

BOARD OF COSMETOLOGISTS Public Meeting ................................................................... 823

COMMISSION ON CRIMINAL SENTENCING POLICY Public Meeting ................................................................... 823

BOARD OF DIETETIC PRACTICE Public Meeting ................................................................... 823

MARYLAND STATE BOARD OF EDUCATION Public Meeting ................................................................... 823

EMERGENCY MEDICAL SERVICES BOARD Public Meeting ................................................................... 823

DEPARTMENT OF HEALTH AND MENTAL HYGIENE Public Meeting .................................................................. 823

DEPARTMENT OF HEALTH AND MENTAL

HYGIENE/LABORATORIES ADMINISTRATION Call for Pharmacist Nominations for Drug Utilization

Review(DUR) Board ...................................................... 824 DEPARTMENT OF HEALTH AND MENTAL

HYGIENE/OFFICE OF HEALTH SERVICES HealthChoice Waiver Renewal Notice .............................. 824

BOARD OF HEATING, VENTILATION, AIR-

CONDITIONING, AND REFRIGERATION

CONTRACTORS (HVACR) Public Meeting .................................................................. 824

MARYLAND STATEWIDE INDEPENDENT LIVING

COUNCIL (MSILC) AND MARYLAND DIVISION OF

REHABILITATION SERVICES (DORS) Public Meeting .................................................................. 824

MARYLAND INSURANCE ADMINISTRATION Public Meeting .................................................................. 825

DEPARTMENT OF JUVENILE SERVICES Statement of Need ............................................................. 825

STATE ADVISORY BOARD FOR JUVENILE SERVICES No Meeting Notice ............................................................ 825

DIVISION OF LABOR AND INDUSTRY/MARYLAND

APPRENTICESHIP AND TRAINING COUNCIL Public Meeting .................................................................. 825

MARYLAND LOTTERY AND GAMING CONTROL

COMMISSION Public Meeting .................................................................. 825

MARYLAND HEALTH CARE COMMISSION Public Meeting .................................................................. 825 Formal Start of Review, Notice of Docketing ................... 825

MARYLAND PUBLIC BROADCASTING COMMISSION Public Meeting .................................................................. 825

MARYLAND STATE REHABILITATION COUNCIL Public Meeting .................................................................. 825

BOARD OF PHYSICIANS Public Meeting .................................................................. 825

BOARD OF PLUMBING Public Meeting .................................................................. 825

BOARD OF PODIATRIC MEDICAL EXAMINERS Public Meeting .................................................................. 826 Public Meeting .................................................................. 826 Public Meeting .................................................................. 826 Public Meeting .................................................................. 826

BOARD OF PUBLIC ACCOUNTANCY Public Meeting .................................................................. 826

RACING COMMISSION Public Meeting .................................................................. 826

REAL ESTATE COMMISSION Public Meeting .................................................................. 826 Public Hearing ................................................................... 826

BOARD OF SOCIAL WORK EXAMINERS Public Meeting .................................................................. 826

STATE BOARD OF INDIVIDUAL TAX PREPARERS Public Meeting .................................................................. 826

MARYLAND DEPARTMENT OF TRANSPORTATION/

MARYLAND BOARD OF AIRPORT ZONING APPEALS Public Hearing ................................................................... 826

BOARD OF WATERWORKS AND WASTE SYSTEMS

OPERATORS Public Meeting .................................................................. 826

WORKERS‘ COMPENSATION COMMISSION Public Meeting .................................................................. 826

Contents 779


COMAR Online The Code of Maryland Regulations is available at

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

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

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

the printed COMAR continues to be the only official and

enforceable version of COMAR.

The Maryland Register is also available at

www.dsd.state.md.us.

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

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

(800) 633-9657.

Availability of Monthly List of

Maryland Documents The Maryland Department of Legislative Services

receives copies of all publications issued by State officers and

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

list of these publications under the title ‗‗Maryland

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

bibliographic information concerning regular and special

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

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

includes local publications.

Anyone wishing to receive ‗‗Maryland Documents‘‘

should write to: Legislative Sales, Maryland Department of

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

CLOSING DATES AND ISSUE DATES

through JANUARY 24, 2014

Issue

Date

Emergency

and Proposed

Regulations

5:00 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

May 17 April 29 May 8 May 6

May 31** May 13 May 21 May 20

June 14** May 23 June 5 June 3

June 28 June 10 June 19 June 17

July 12** June 24 July 2 June 28

July 26 July 8 July 17 July 15

August 9 July 22 July 31 July 29

August 23 August 5 August 14 August 12

September 6** August 19 August 26 August 23

September 20** August 29 September 11 September 9

October 4 September 16 September 25 September 23

October 18 September 30 October 9 October 7

November 1** October 11 October 23 October 21

November 15 October 28 November 6 November 4

December 2*** November 8 November 18 November 15

December 13 November 25 December 4 December 2

December 27** December 9 December 16 December 13

January 10** December 23 December 30 December 27

January 24** January 6 January 14 January 13

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

before date shown; due date for documents exceeding 18 pages — 1

week before date shown

NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES

NEW ROMAN, 9 POINT, SINGLE-SPACED FORMAT. THE

REVISED PAGE COUNT REFLECTS THIS FORMATTING.

** Note closing date changes

*** Note issue date and closing date changes

The regular closing date for Proposals and Emergencies is

Monday.

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

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

780


Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed

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

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

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

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

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

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

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

03 COMPTROLLER OF THE TREASURY

03.01.01.04 • 40:3 Md. R. 221 (2-8-13)

03.04.01.01 • 40:8 Md. R. 726 (4-19-13)

03.04.02.03 • 40:8 Md. R. 726 (4-19-13)

03.04.03.06 • 40:8 Md. R. 726 (4-19-13)

03.04.09.01—.03,.05 • 40:8 Md. R. 726 (4-19-13)

03.04.12.08 • 40:8 Md. R. 726 (4-19-13)

03.06.01.08 • 40:3 Md. R. 222 (2-8-13)

03.06.01.09 • 40:3 Md. R. 223 (2-8-13)

03.06.01.10 • 40:3 Md. R. 223 (2-8-13)

03.06.01.22 • 40:3 Md. R. 224 (2-8-13)

03.06.01.28 • 40:2 Md. R. 77 (1-25-13)

03.06.01.43 • 40:3 Md. R. 226 (2-8-13)

03.06.01.45 • 40:3 Md. R. 227 (2-8-13)

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

03.06.03.02 • 40:3 Md. R. 227 (2-8-13)

03.06.03.05 • 40:3 Md. R. 228 (2-8-13)


DEVELOPMENT

05.19.02.01—.04 • 40:9 Md. R. 791 (5-3-13)

07 DEPARTMENT OF HUMAN RESOURCES

07.02.11.12 • 40:9 Md. R. 792 (5-3-13)

08 DEPARTMENT OF NATURAL RESOURCES

08.02.05.12,.21 • 40:8 Md. R. 728 (4-19-13)

08.02.10.01 • 40:9 Md. R. 793 (5-3-13)

08.02.22.02,.04 • 40:6 Md. R. 477 (3-22-13)

08.02.23.02—.04 • 40:9 Md. R. 794 (5-3-13)

08.06.01.03 • 40:8 Md. R. 729 (4-19-13)

08.18.05.01—.03 • 40:8 Md. R. 729 (4-19-13)

08.18.11.01—.05 • 40:7 Md. R. 614 (4-5-13)

08.18.25.01—.05 • 40:7 Md. R. 615 (4-5-13)


REGULATION

09.03.14.01 • 40:2 Md. R. 86 (1-25-13)

09.09.02.01—.03 • 40:6 Md. R. 478 (3-22-13)

09.10.01.07 • 40:9 Md. R. 796 (5-3-13)

09.12.31 • 40:6 Md. R. 479 (3-22-13)

09.12.31 • 40:6 Md. R. 479 (3-22-13)

09.12.31 • 40:6 Md. R. 480 (3-22-13)

09.12.81.01 • 40:8 Md. R. 730 (4-19-13) (ibr)

09.14.04.12 • 40:3 Md. R. 237 (2-8-13)

09.14.05.01 • 40:3 Md. R. 238 (2-8-13)

09.14.05.03 • 40:3 Md. R. 239 (2-8-13)

09.15.05.01—.03 • 40:3 Md. R. 240 (2-8-13) (ibr)

09.17.01.01—.03 • 40:7 Md. R. 618 (4-5-13)

09.20.04.01,.02 • 40:8 Md. R. 730 (4-19-13)

09.20.04.02 • 40:9 Md. R. 819 (5-3-13) (err)

09.21.05.01.—12 • 40:9 Md. R. 796 (5-3-13)

09.34.05.01,.02 • 39:20 Md. R. 1315 (10-5-12)

09.34.06.01—.13 • 39:20 Md. R. 1315 (10-5-12)

09.34.07.01—.06 • 39:20 Md. R. 1315 (10-5-12)

09.34.08.01—.12 • 39:20 Md. R. 1315 (10-5-12)

09.34.09.01,.02 • 39:20 Md. R. 1315 (10-5-12)

09.36.08.01—.05 • 40:8 Md. R. 732 (4-19-13)

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitles 01 — 08 (1st Volume)

10.05.05.03 • 39:15 Md. R. 976 (7-27-12)

10.07.05.04 • 39:15 Md. R. 977 (7-27-12)

10.07.14.07 • 39:15 Md. R. 978 (7-27-12)

10.07.22.01—.33 • 40:2 Md. R. 88 (1-25-13) (ibr)

10.09.35.01,.04,.05,.07 • 40:6 Md. R. 480 (3-22-13)

10.09.41.02—.04,.07 • 40:5 Md. R. 413 (3-8-13)

10.09.47.03 • 40:6 Md. R. 482 (3-22-13)

10.09.48.01—18 • 40:8 Md. R. 734 (4-19-13)

PENDING PROPOSALS

781


10.09.83.01—.07 • 39:23 Md. R. 1546 (11-16-12)

40:6 Md. R. 482 (3-22-13)

Subtitles 10 — 22 (3rd Volume)

10.10.04.02 • 39:15 Md. R. 979 (7-27-12)

10.22.02.01 • 40:2 Md. R. 99 (1-25-13) (ibr)

Subtitles 23 — 36 (4th Volume)

10.24.01.01 • 39:25 Md. R. 1622 (12-14-12)

10.25.02.02 • 40:6 Md. R. 483 (3-22-13)

10.25.03.02 • 40:6 Md. R. 484 (3-22-13)

10.29.01.01,.10—.13 • 39:20 Md. R. 1326 (10-5-12)

10.29.16.01,.02 • 39:20 Md. R. 1326 (10-5-12)

10.29.17.01—.10 • 39:20 Md. R. 1326 (10-5-12)

10.29.18.01—.06 • 39:20 Md. R. 1326 (10-5-12)

10.29.19.01—.12 • 39:20 Md. R. 1326 (10-5-12)

10.29.20.01,.02 • 39:20 Md. R. 1326 (10-5-12)

10.32.03.17,.18 • 39:15 Md. R. 981 (7-27-12)

40:9 Md. R. 798 (5-3-13)

10.32.06.12,.13 • 39:15 Md. R. 986 (7-27-12)

40:9 Md. R. 800 (5-3-13)

10.32.08.01—.12 • 39:16 Md. R. 1091 (8-10-12)

40:9 Md. R. 801 (5-3-13)

10.32.10.04,.05,.05-1,.05-2,.06 • 40:2 Md. R. 106 (1-25-13)

10.32.10.16,.19 • 39:15 Md. R. 990 (7-27-12)

40:9 Md. R. 802 (5-3-13)

10.32.11.15,.16 • 39:15 Md. R. 994 (7-27-12)

40:9 Md. R. 803 (5-3-13)

10.34.14.01,.03—.05 • 40:8 Md. R. 741 (4-19-13)

10.34.22.02,.03,.03-1,.05,.09—.11 • 40:8 Md. R. 742 (4-19-13)

10.34.30.01,.01-1 • 40:8 Md. R. 741 (4-19-13)

Subtitles 37—60 (5th Volume)

10.41.08.11 • 39:18 Md. R. 1209 (9-7-12)

10.46.04.04 • 40:2 Md. R. 116 (1-25-13)

10.54.01.19 • 40:6 Md. R. 485 (3-22-13)

10.58.07.01—.20 • 40:8 Md. R. 745 (4-19-13)

11 DEPARTMENT OF TRANSPORTATION

Subtitles 01—10

11.04.02.01,.05 • 40:2 Md. R. 130 (1-25-13)

11.07.05.01—.05 • 40:2 Md. R. 131 (1-25-13)

Subtitles 11—22 (MVA)

11.11.05.02 • 39:22 Md. R. 1454 (11-2-12)

12 DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES

12.04.01.09,.14 • 40:7 Md. R. 619 (4-5-13)

12.04.02.03 • 40:7 Md. R. 620 (4-5-13)

12.10.05.06 • 40:7 Md. R. 620 (4-5-13)

12.15.01.02—.20 • 39:8 Md. R. 559 (4-20-12)

12.15.02.01—.13 • 39:8 Md. R. 559 (4-20-12)

12.15.03.01—.11 • 39:8 Md. R. 559 (4-20-12)

12.15.04.01,.03—.06,.08,.09 • 39:8 Md. R. 559 (4-20-12)

12.15.05.02—.09 • 39:8 Md. R. 559 (4-20-12)

13A STATE BOARD OF EDUCATION

13A.06.08.01—.07 • 40:6 Md. R. 487 (3-22-13) (ibr)

13A.07.06.01 • 40:9 Md. R. 805 (5-3-13)

13A.12.01.02,.06,.11 • 39:22 Md. R. 1458 (11-2-12)

13A.13.01.01—.14 • 40:2 Md. R. 132 (1-25-13)

13A.13.02.01—.08 • 40:1 Md. R. 42 (1-11-13)

13A.15.01.02 • 40:8 Md. R. 755 (4-19-13)

13A.15.02.01,.05 • 40:8 Md. R. 755 (4-19-13)

13A.15.03.03 • 40:8 Md. R. 755 (4-19-13)

13A.15.05.01 • 40:8 Md. R. 755 (4-19-13)

13A.15.07.07 • 40:8 Md. R. 755 (4-19-13)

13A.15.11.04 • 40:8 Md. R. 755 (4-19-13)

13A.15.13.07 • 40:8 Md. R. 755 (4-19-13)

13A.16.01.02 • 40:8 Md. R. 757 (4-19-13)

13A.16.03.03 • 40:8 Md. R. 757 (4-19-13)

13A.16.05.10 • 40:8 Md. R. 757 (4-19-13)

13A.16.11.04 • 40:8 Md. R. 757 (4-19-13)

13A.16.18.02 • 40:8 Md. R. 757 (4-19-13)

13A.17.01.02 • 40:8 Md. R. 759 (4-19-13)

13A.17.03.03 • 40:8 Md. R. 759 (4-19-13)

13A.17.05.10 • 40:8 Md. R. 759 (4-19-13)

13A.17.11.04 • 40:8 Md. R. 759 (4-19-13)

13A.18.01.02 • 40:8 Md. R. 761 (4-19-13)

13A.18.02.01 • 40:8 Md. R. 761 (4-19-13)

13A.18.03.03 • 40:8 Md. R. 761 (4-19-13)

13A.18.05.10 • 40:8 Md. R. 761 (4-19-13)

13A.18.06.06 • 40:8 Md. R. 761 (4-19-13)

13A.18.08.02,.03 • 40:8 Md. R. 761 (4-19-13)

13A.18.11.04 • 40:8 Md. R. 761 (4-19-13)

13A.18.14.07 • 40:8 Md. R. 761 (4-19-13)

14 INDEPENDENT AGENCIES

14.01.01.01,.02 • 40:7 Md. R. 629 (4-5-13)

14.01.02.01 —.13 • 40:7 Md. R. 629 (4-5-13)

14.01.03.01 —.15 • 40:7 Md. R. 629 (4-5-13)

14.01.04.01 — .07 • 40:7 Md. R. 629 (4-5-13)

14.01.05.01 — .08 • 40:7 Md. R. 629 (4-5-13)

14.01.06.01 — .03 • 40:7 Md. R. 629 (4-5-13)

14.01.07.01 — .15 • 40:7 Md. R. 629 (4-5-13)

14.01.08.01 — .04 • 40:7 Md. R. 629 (4-5-13)

14.01.09.01 — .06 • 40:7 Md. R. 629 (4-5-13)

14.01.10.01 — .20 • 40:7 Md. R. 629 (4-5-13)

14.01.11.01 — .08 • 40:7 Md. R. 629 (4-5-13)

14.01.12.01 — .07 • 40:7 Md. R. 629 (4-5-13)

14.01.13.01 — .08 • 40:7 Md. R. 629 (4-5-13)

14.01.14.01 — .50 • 40:7 Md. R. 629 (4-5-13)

14.01.15.01 — .33 • 40:7 Md. R. 629 (4-5-13)

14.01.16.01 — .11 • 40:7 Md. R. 629 (4-5-13)

14.01.17.01 — .09 • 40:7 Md. R. 629 (4-5-13)

14.01.18.01 — .06 • 40:7 Md. R. 629 (4-5-13)

14.01.19.01 — .04 • 40:7 Md. R. 629 (4-5-13)

14.01.20.01 — .04 • 40:7 Md. R. 629 (4-5-13)

14.30.07.04 • 39:6 Md. R. 448 (3-23-12) 14.30.11.12 • 39:6 Md. R. 448 (3-23-12)

14.31.06.02—.19 • 40:3 Md. R. 252 (2-8-13)

14.34.02.04 • 39:8 Md. R. 578 (4-20-12)

15 DEPARTMENT OF AGRICULTURE

15.05.01.01,.14 • 40:2 Md. R. 153 (1-25-13)

40:9 Md. R. 805 (5-3-13)

15.15.06.01—.07 • 40:9 Md. R. 806 (5-3-13)

15.20.06.01,.02,.04,.05,.07 • 40:2 Md. R. 157 (1-25-13)

PENDING PROPOSALS

782


15.20.07.02 • 40:2 Md. R. 162 (1-25-13) (ibr)

15.20.08.05 • 40:2 Md. R. 162 (1-25-13)

15.20.10.01—.03,.05,.07—.17 • 40:2 Md. R. 157 (1-25-13)

17 DEPARTMENT OF BUDGET AND MANAGEMENT

17.04.13.01,.03,.03-1,.06 • 40:9 Md. R. 808 (5-3-13)

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

18.04.07.01,.04 • 40:6 Md. R. 489 (3-22-13)

20 PUBLIC SERVICE COMMISSION

20.61.01.03 • 40:8 Md. R. 763 (4-19-13)

20.61.02.01,.03 • 40:8 Md. R. 763 (4-19-13)

20.61.03.02 • 40:8 Md. R. 763 (4-19-13)

26 DEPARTMENT OF THE ENVIRONMENT

Subtitles 08—12 (Part 2)

26.11.01.01 • 40:7 Md. R. 621 (4-5-13)

26.11.01.01 • 40:7 Md. R. 623 (4-5-13)

26.11.02.17,.19 • 39:24 Md. R. 1584 (11-30-12)

26.11.06.14 • 40:7 Md. R. 621 (4-5-13)

26.11.09.08 • 39:16 Md. R. 1120 (8-10-12)

39:16 Md. R. 1122 (8-10-12)

26.11.14.06—.08 • 39:16 Md. R. 1120 (8-10-12)

26.11.17.01,.02 • 40:7 Md. R. 623 (4-5-13)

26.11.27.02,.03 • 40:7 Md. R. 626 (4-5-13)

26.11.29 • 39:17 Md. R. 1177 (8-24-12) (err)

26.11.29.01—.05 • 39:16 Md. R. 1124 (8-10-12)

26.11.30.01—.08 • 39:16 Md. R. 1122 (8-10-12)

26.11.37.01—.04 • 40:7 Md. R. 627 (4-5-13)

27 CRITICAL AREA COMMISSION FOR THE

CHESAPEAKE AND ATLANTIC COASTAL BAYS

27.01.01.01 • 40:6 Md. R. 489 (3-22-13)

27.01.04.03 • 40:6 Md. R. 489 (3-22-13)

27.03.01.01,.04 • 40:6 Md. R. 489 (3-22-13)

31 MARYLAND INSURANCE ADMINISTRATION

31.08.05.02,.03 • 39:20 Md. R. 1345 (10-5-12)

40:9 Md. R. 810 (5-3-13)

31.08.12.02—.06 • 39:20 Md. R. 1346 (10-5-12)

31.08.13.01—.06 • 39:26 Md. R. 1674 (12-28-12)

31.16.11.01—.03 • 39:20 Md. R. 1348 (10-5-12)

36 MARYLAND STATE LOTTERY AND GAMING

CONTROL AGENCY

36.02.01.01 • 40:5 Md. R. 415 (3-8-13)

36.02.02.01—.10 • 40:5 Md. R. 415 (3-8-13)

36.02.03.01—.10 • 40:5 Md. R. 415 (3-8-13)

36.02.04.01—.08 • 40:5 Md. R. 415 (3-8-13)

36.02.05.01—.03 • 40:5 Md. R. 415 (3-8-13)

36.02.06.01—.18 • 40:5 Md. R. 415 (3-8-13)

36.02.07.01,.02 • 40:5 Md. R. 415 (3-8-13)

36.02.08.01—.09 • 40:5 Md. R. 415 (3-8-13)

36.03.01.01—.04 • 40:6 Md. R. 490 (3-22-13)

36.03.02.01—.18 • 40:6 Md. R. 490 (3-22-13)

36.03.03.01—.09 • 40:6 Md. R. 490 (3-22-13)

36.03.04.01—.07 • 40:6 Md. R. 490 (3-22-13)

36.03.05.01—.03 • 40:6 Md. R. 490 (3-22-13)

36.03.06.01—.03 • 40:6 Md. R. 490 (3-22-13)

36.03.07.01—.08 • 40:6 Md. R. 490 (3-22-13)

36.03.08.01—.04 • 40:6 Md. R. 490 (3-22-13)

36.03.09.01,.02 • 40:6 Md. R. 490 (3-22-13)

36.03.10.01—.49 • 40:6 Md. R. 490 (3-22-13)

36.03.11.01—.08 • 40:6 Md. R. 490 (3-22-13)

36.03.12.01—.06 • 40:6 Md. R. 490 (3-22-13)

36.05.01.01,.02 • 40:6 Md. R. 541 (3-22-13)

36.05.02.01—.19 • 40:6 Md. R. 541 (3-22-13)

36.05.03.01—.24 • 40:6 Md. R. 541 (3-22-13)

36.05.04.01—.14 • 40:6 Md. R. 541 (3-22-13)

36.05.04.04 • 40:8 Md. R. 765 (4-19-13) (err)

36.05.05.01—.11 • 40:6 Md. R. 541 (3-22-13)

36.05.06.01—.18 • 40:7 Md. R. 629 (4-5-13)

36.05.07.01—.06 • 40:7 Md. R. 629 (4-5-13)

36.05.08.01—.03 • 40:7 Md. R. 629 (4-5-13)

36.05.09.01—.13 • 40:7 Md. R. 629 (4-5-13)

36.05.10.01—.13 • 40:7 Md. R. 629 (4-5-13)

36.05.11.01—.13 • 40:7 Md. R. 629 (4-5-13)

36.05.12.01—.14 • 40:7 Md. R. 629 (4-5-13)

36.05.13.01—.13 • 40:7 Md. R. 629 (4-5-13)

36.05.13.09 • 40:8 Md. R. 765 (4-19-13) (err)

36.05.14.01—.13 • 40:7 Md. R. 629 (4-5-13)

36.05.15.01—.10 • 40:9 Md. R. 811 (5-3-13)

36.06.01.01—.03 • 40:4 Md. R. 381 (2-22-13)

36.06.02.01,.02 • 40:4 Md. R. 381 (2-22-13)

36.06.03.01—.16 • 40:4 Md. R. 381 (2-22-13)

36.06.04.01—.05 • 40:4 Md. R. 381 (2-22-13)

36.06.05.01—.10 • 40:4 Md. R. 381 (2-22-13)

36.07.01.01—.03 • 40:5 Md. R. 431 (3-8-13)

36.07.02.01—.18 • 40:5 Md. R. 431 (3-8-13)

36.07.03.01—.03 • 40:5 Md. R. 431 (3-8-13)

36.07.04.01—.19 • 40:5 Md. R. 431 (3-8-13)

36.07.05.01 • 40:5 Md. R. 431 (3-8-13)

783


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

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

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

of the legislative session.

SYNOPSIS NO. 6

Senate Bills

SB1071 PG Co Sens (By Request - PG Co Admin). Prince George‘s

County - School System - Academic Revitalization and Management

Effectiveness Initiative.

SB1072 Sen Middleton. Linked Deposit Programs for Small

Businesses and Minority Business Enterprises.

SB1073 Sen Pipkin. Task Force to Evaluate the Quality of Patient

Care Under a Capitated Payment System.

SB1074 Sen Pipkin. Task Force to Evaluate the Impact of

Maryland‘s Proposal to Maintain the Medicare Waiver.

SB1075 Sen Pipkin. State Medicare Waivers - Applications,

Reapplications, Modifications, or Amendments - Legislative

Approval Required.

[13-09-43]

Chapters

CH0001 SB0278 (Amended). The President (Admin), et al.

Maryland Employment Advancement Right Now (EARN) Program.

CH0002 HB0227 (Amended). The Speaker (Admin), et al.

Maryland Employment Advancement Right Now (EARN) Program.

CH0003 HB0226 (Enrolled). The Speaker (Admin), et al.

Maryland Offshore Wind Energy Act of 2013.

CH0004 HB0229 The Speaker (Admin), et al. State Aid for Public

Education - Certification of Net Taxable Income.

CH0005 HB0560 (Enrolled). The Speaker (Admin), et al. Public-

Private Partnerships.

CH0006 SB0006 Sen Colburn. Dorchester County - Restriction on

Sunday Gaming - Repeal.

CH0007 HB0069 Dorchester County Delegation. Dorchester

County - Restriction on Sunday Gaming - Repeal.

CH0008 SB0014 (Amended). Sen Middleton, et al. Utility Service

Protection Program - Annual Report - Deadline.

CH0009 SB0055 Chr EHE (Dept). Private Career Schools -

Solicitor Permits - Repeal.

CH0010 SB0056 Chr EHE (Dept). Unauthorized Institutions of

Postsecondary Education - Transcripts, Diplomas, and Grade Reports

- Penalties.

CH0011 SB0060 (Amended). Chr EHE (Dept). Community

Development Administration - Residential Mortgage Loans -

Financial Assistance for Families of Limited Income.

CH0012 SB0061 (Amended). Chr EHE (Dept). Environment -

Public Hearings - Notice Requirement.

CH0013 SB0062 Chr EHE (Dept). Community Legacy Program -

Application Requirements - Approval by Authorized Designee.

CH0014 SB0063 (Amended). Chr EHE (Dept). Maryland Higher

Education Commission - Institutional Renewal Fees and Religious

Educational Institutions.

CH0015 SB0064 Chr EHE (Dept). Controlled Hazardous

Substance Vehicles - Display of Certificates.

CH0016 SB0065 Chr FIN (Dept). Workers‘ Compensation - Claim

Processing - Electronic Delivery of Decisions.

CH0017 SB0067 (Amended). Chr B&T (Dept). Central Collection

Unit - Monitoring and Recording of Telephone Calls - Training and

Quality Control Purposes.

CH0018 SB0073 (Amended). Chr JPR (Dept). Vehicle Laws -

Piling, Poles, Mill Logs, and Similar Cargo - Length, Overhang, and

Fastening Standards.

CH0019 SB0075 Chr JPR (Dept). Motor Vehicle Administration -

Investigative Division - Issuance of Citations.

CH0020 SB0081 Chr FIN (Dept). Education and Workforce

Training Coordinating Council for Correctional Institutions -

Membership.

CH0021 SB0085 Chr FIN (Dept). Maryland Port Commission -

Management Personnel Appointments - Operating and Managing

Port Facilities.

CH0022 SB0086 (Amended). Chr JPR (Dept), et al. Voluntary

Placement for Former Children in Need of Assistance.

CH0023 SB0140 (Amended). Sens Conway and Benson. State

Finance and Procurement - Retention of Percentage of Contract -

Security.

CH0024 SB0153 (Amended). Sen Currie. Higher Education -

Academic Credit for Military Education, Training, and Experience.

CH0025 SB0158 (Amended). Sen Conway, et al. Homestead Tax

Credit - Eligibility Verification and Application.

CH0026 HB0128 (Amended). Del M. Washington, et al.

Homestead Tax Credit - Eligibility Verification and Application.

CH0027 SB0180 Chr EHE (Dept). Department of Agriculture -

State Chemist Fund.

CH0028 SB0183 Chr B&T (Dept) and Sen Kasemeyer. Income

Tax - Business and Economic Development - Film Production

Activity Tax Credit.

CH0029 SB0196 Sen Frosh. Register of Wills - Salary.

CH0030 SB0216 Sen Glassman, et al. Harford County -

Correctional Officers‘ Bill of Rights.

CH0031 HB0346 (Amended). Harford County Delegation. Harford

County - Correctional Officers‘ Bill of Rights.

CH0032 SB0217 Sen Klausmeier (Balt Co Admin). Vehicle Laws -

Registration Plates for Individuals with Disabilities - Parking in

Baltimore County.

CH0033 HB0320 (Amended). Baltimore County Delegation.

Vehicle Laws - Registration Plates for Individuals with Disabilities -

Parking in Baltimore County.

CH0034 SB0239 The President (Md Jud), et al. Judgeships - Court

of Special Appeals, Circuit Courts, and District Court.

CH0035 SB0262 Chr JPR (Md Jud Conf). Task Force to Study

Implementing a Civil Right to Counsel in Maryland.

CH0036 SB0264 (Amended). Chr JPR (Md Jud Conf). Children in

Need of Assistance - Review Hearings.

CH0037 SB0265 Chr JPR (Md Jud Conf). Children in Need of

Assistance - Rights of Preadoptive Parents, Foster Parents, and

Caregivers of Child.

CH0038 SB0267 Sen Raskin, et al. Courts and Judicial

Proceedings - Interception of Communications - Abuse or Neglect of

Vulnerable Adult and Medicaid Fraud.

CH0039 HB0116 Del Mitchell, et al. Courts and Judicial

Proceedings - Interception of Communications - Abuse or Neglect of

Vulnerable Adult and Medicaid Fraud.

CH0040 SB0282 (Amended). Sen Jones-Rodwell (BCA) and Sen

McFadden. Video Lottery Facilities - Employee Licenses - Crimes

of Moral Turpitude or Gambling.

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

GENERAL ASSEMBLY

784


CH0041 HB1053 (Amended). Del B. Robinson (BCA), et al. Video

Lottery Facilities - Employee Licenses - Crimes of Moral Turpitude

or Gambling.

CH0042 SB0283 The President (DLS). Annual Curative Bill.

CH0043 SB0284 The President (DLS). Annual Corrective Bill.

CH0044 SB0360 Sen Simonaire, et al. Criminal Law - Aggravated

Animal Cruelty - Baiting.

CH0045 SB0369 Sen Edwards. Garrett County - Bonds for Garrett

County Memorial Hospital.

CH0046 SB0405 (Amended). Sen Middleton, et al. Labor and

Employment - Payment of Overtime Wages.

CH0047 SB0408 (Amended). Sen Shank, et al. Washington County

- Special Deputy Sheriffs.

CH0048 HB0559 (Amended). Washington County Delegation.

Washington County - Special Deputy Sheriffs.

CH0049 SB0413 (Amended). Sen King, et al. Criminal History

Records Checks - Informal Child Care Providers.

CH0050 HB0443 Del Dumais. Criminal History Records Checks -

Informal Child Care Providers.

CH0051 SB0415 (Amended). Sen King, et al. Criminal History

Records Checks - Child Care Providers.

CH0052 HB0442 (Amended). Del Dumais. Criminal History

Records Checks - Child Care Providers.

CH0053 SB0421 Sen Frosh. Circuit Court Clerks - Salary.

CH0054 HB0950 Del Dumais. Circuit Court Clerks - Salary.

CH0055 SB0441 (Amended). Sen Gladden, et al. Correctional

Training Commission - Members.

CH0056 SB0458 Calvert County Senators. Calvert County - Public

Facilities Bonds.

CH0057 SB0464 (Amended). Sen Klausmeier. Natural Resources -

Aquaculture - Shellfish Nursery Permits.

CH0058 SB0507 Sen Shank, et al. Correctional Facilities - Inmate

Programs in Washington County - Payment of Child Support.

CH0059 HB0792 Washington County Delegation. Correctional

Facilities - Inmate Programs in Washington County - Payment of

Child Support.

CH0060 SB0508 Sen Shank, et al. Washington County - Public

Facilities Bonds.

CH0061 SB0580 (Amended). Sen Raskin. Medical Marijuana -

Caregiver - Affirmative Defense.

CH0062 HB0180 (Amended). Del Glenn, et al. Medical Marijuana

- Caregiver - Affirmative Defense.

CH0063 SB0588 Carroll County Senators. Carroll County - Public

Facilities Bonds.

CH0064 SB0600 Sen Garagiola. Vehicle Laws - Electric Vehicles.

CH0065 HB0836 Dels Malone and McHale. Vehicle Laws -

Electric Vehicles.

CH0066 SB0621 Sen Raskin, et al. Vehicles Laws - Emergency

Vehicles - Motorcades and Escorts.

CH0067 SB0622 (Amended). Sen Raskin. Corporations and

Associations - Document Filing and Processing.

CH0068 HB0702 (Amended). Del Feldman. Corporations and

Associations - Document Filing and Processing.

CH0069 SB0629 (Amended). Sen Edwards. Alcoholic Beverages -

Allegany County - Video Lottery Facility Sales and Consumption.

CH0070 HB0816 (Amended). Allegany County Delegation.

Alcoholic Beverages - Allegany County - Video Lottery Facility

Sales and Consumption.

CH0071 SB0640 (Enrolled). Sen Frosh, et al. Civil Cases -

Maryland Legal Services Corporation Fund - Surcharges - Extension

of Termination Date.

CH0072 HB0838 (Amended). Del Dumais, et al. Civil Cases -

Maryland Legal Services Corporation Fund - Surcharges - Extension

of Termination Date.

CH0073 SB0749 (Amended). Sen Middleton, et al. Maryland

Automobile Insurance Fund - Operational Changes.

CH0074 HB1132 (Amended). Del Rudolph. Maryland Automobile

Insurance Fund - Operational Changes.

CH0075 SB0779 (Amended). Sen King. Biotechnology Investment

Tax Credit - Qualified Maryland Biotechnology Company -

Definition.

CH0076 HB0328 (Enrolled). Del Feldman, et al. Biotechnology

Investment Tax Credit - Qualified Maryland Biotechnology

Company - Definition.

CH0077 SB0947 Sen Jennings. Baltimore County - Property Tax

Credit - Bowerman-Loreley Beach Community Association, Inc..

CH0078 SB0961 (Amended). Sen Peters. Horse Racing - Special

Takeout.

CH0079 SB1001 (Amended). Sen Ramirez. Family Law -

Protective Orders - Notification of Service - Sunset Extension.

CH0080 HB0096 Chr ENV (Dept). Natural Resources - Restricted

Shellfish Harvest Areas - Water Testing.

CH0081 HB0097 Chr ENV (Dept). Environment - Sediment

Control and Stormwater Management Plans - Authority.

CH0082 HB0108 (Amended). Del Lafferty. Housing and

Community Development - Neighborhood and Community

Assistance Program - Project Proposals.

CH0083 HB0136 (Amended). Del A. Miller. State Personnel -

Teleworking - Statewide Program and Goals.

CH0084 HB0164 (Amended). Chr HGO (Dept). Department of

Health and Mental Hygiene - Regulatory Authority - Permit and

Licensing Renewals and Building Plan Reviews.

CH0085 HB0172 Charles County Delegation. Charles County -

Alcoholic Beverages Licensees - Nonalcoholic Items - Hours of Sale.

CH0086 HB0182 Del Kramer. Business Regulation - Other

Tobacco Products Wholesalers - License Fee Exception for Cigarette

Subwholesalers.

CH0087 HB0213 Del Hershey, et al. Queen Anne‘s County -

Alcoholic Beverages - Inspectors.

CH0088 HB0230 (Amended). Del Schulz, et al. Alcoholic

Beverages - Farm Breweries and Micro-Breweries.

CH0089 HB0244 Chr JUD (Dept). Correctional Services -

Department of Public Safety and Correctional Services - Subpoena

Power.

CH0090 HB0245 (Amended). Chr JUD (Dept). Family Law -

Substance-Exposed Newborns.

CH0091 HB0247 Chr JUD (Dept). Criminal Procedure - Criminal

Justice Information System Central Repository - Administration.

CH0092 HB0254 Allegany County Delegation. Allegany County -

Criminal Procedure - Custody of Arrested Persons Before Release.


Correctional Officers‘ Bill of Rights.

CH0094 HB0257 (Amended). St. Mary‘s County Delegation. St.

Mary‘s County - Adult Public Guardianship Review Board -

Membership Requirements.

CH0095 HB0268 Chr APP (Dept). University of Maryland Center

for Environmental Science - Joint Graduate Degree Granting

Authority.

CH0096 HB0288 St. Mary‘s County Delegation. St. Mary‘s

County - Public Facility Bonds.

CH0097 HB0338 Del Clippinger, et al. Criminal Law - Robbery -

Charging Document.

CH0098 HB0348 Chr ECM (Dept). Unemployment Insurance -

Employer Contributions - Application for Refund or Adjustment.

CH0099 HB0349 (Amended). Chr ECM (Dept), et al. Business

Regulation - Cemeteries - Prohibited Acts and Penalties.

CH0100 HB0350 Chr ECM (Dept). Business Regulation - Outdoor

Musical Festival Promoter License - Repeal of Safety Permit

Requirement.

GENERAL ASSEMBLY

785


CH0101 HB0351 (Amended). Chr ECM (Dept) and Del Reznik.

State Athletic Commission - Amateur Mixed Martial Arts and

Amateur Kick Boxing - Licensing and Regulation.

CH0102 HB0353 Chr ECM (Dept). Professional Engineers and

Professional Land Surveyors - Licensing - Examinations.


Recovery of Benefits - Monetary Penalty for Fraud.

CH0104 HB0355 Chr ECM (Dept). State Board of Stationary

Engineers - Qualifications for Stationary Engineer‘s Examination -

Grade 1 and Grade 2.

CH0105 HB0356 Chr ECM (Dept). Military Personnel and

Veteran-Owned Small Business No-Interest Loan Program.

CH0106 HB0360 (Amended). Chr HGO (Dept). Health Insurance -

Repeal of Obsolete Provisions of Law.

CH0107 HB0364 (Amended). Del Hucker, et al. Swimming Pools -

Automated External Defibrillator Programs (Connor‘s Law).

CH0108 HB0378 (Amended). Del Stocksdale. Maryland

Agricultural Land Preservation Fund - Easement Restriction -

Reimbursement.

CH0109 HB0386 (Amended). Del Barve, et al. Income Tax Credit

- Qualified Research and Development Expenses - Credit Amounts

and Small Business Refund.

CH0110 HB0388 Del Gilchrist, et al. Maryland Condominium Act

- Closed Meetings of Board of Directors.

CH0111 HB0392 Chr ECM (Dept). Motor Vehicle Liability

Insurance - Personal Injury Protection Coverage - Prohibition on

Premium Increase.

CH0112 HB0401 (Amended). Chr HGO (Dept). Military

Department - Powers of the Adjutant General - Summary Courts-

Martial.

CH0113 HB0420 (Enrolled). Chr ENV (Dept). Vehicle Laws -

Maryland Transportation Authority - Payment of Tolls.

CH0114 HB0428 (Amended). Del K. Kelly, et al. Child Abuse and

Neglect - Reports and Records - Disclosure to Public Institutions of

Higher Education.

CH0115 HB0431 (Amended). Chr ECM (Dept). Insurance -

Maryland Insurance Acquisitions Disclosure and Control Act -

Revisions.

CH0116 HB0450 Howard County Delegation. Howard County -

Property Tax Credit - Renovated, Upgraded, or Rehabilitated

Property Ho. Co. 11-13.

CH0117 HB0455 (Amended). Howard County Delegation. Howard

County - Alcoholic Beverages - Refillable Wine Containers Ho. Co.

15-13.


Roadside Solicitation of Money or Donations - Permit Duration.

CH0119 HB0472 The Speaker (DLS - Code Rev). Local

Government Article.

CH0120 HB0491 Del Otto. Somerset County - Alcoholic

Beverages - Selling Near Schools, Places of Worship, Public

Libraries, and Youth Centers.


Relief from Charges for Overpayment of Benefits - Restrictions.

CH0122 HB0587 (Amended). Del Davis. Electric Companies -

Service Quality and Reliability Standards - Vegetation Management.

CH0123 HB0616 Chr APP (Dept). Academic Facilities Bonding

Authority.

CH0124 HB0636 Mont Co Deleg and PG Co Deleg. Washington

Suburban Sanitary District - System Development Charge -

Exemptions MC/PG 103-13.

CH0125 HB0638 (Amended). Mont Co Deleg and PG Co Deleg.

Washington Suburban Sanitary Commission - Minority Business

Enterprise Programs and Task Force Extension MC/PG 107-13.

CH0126 HB0640 Mont Co Deleg and PG Co Deleg. Washington

Suburban Sanitary Commission - Sewage Leaks - Notice

Requirements MC/PG 115-13.

CH0127 HB0641 (Amended). Mont Co Deleg and PG Co Deleg.

Washington Suburban Sanitary Commission - Drinking Water -

Testing MC/PG 113-13.

CH0128 HB0645 Montgomery County Delegation. Montgomery

County - Sale of Alcoholic Beverages - Distance from Schools,

Places of Worship, or Youth Centers MC 16-13.


County - Town of Kensington - Beer and Wine Sampling or Tasting

MC 9-13.


County - Alcoholic Beverages - Refillable Beer Containers MC 4-13.

CH0131 HB0665 (Amended). Del DeBoy, et al. State Personnel -

Law Enforcement Employees - Extra Compensation.

CH0132 HB0670 (Amended). Montgomery County Delegation.

Montgomery County - Board of Education Districts - Town of

Kensington in One District MC 1-13.


County - Consumption of Wine Not Bought from License Holder -

Class H Licenses MC 17-13.


County - Property Tax Credit for Qualified Enterprise Zone Property

- Burtonsville MC 14-13.

CH0135 HB0677 (Amended). Montgomery County Delegation.

Montgomery County - Property Tax Credit for Qualified Enterprise

Zone Property - Glenmont MC 18-13.

CH0136 HB0733 (Amended). The Speaker (DLS - Code Rev).

Local Government - Cross-References and Corrections.

CH0137 HB0752 (Amended). Chr W&M (Dept). Video Lottery

Gaming - Term of License.

CH0138 HB0757 Del Holmes. Procurement - Minority Business

Enterprises - Reporting of Architectural Services and Engineering

Services Contracts.

CH0139 HB0766 (Amended). Dels Frush and Vitale. Environment

- Severn River Watershed - Silt and Erosion Control - Certification.

CH0140 HB0797 (Amended). Del McIntosh, et al. Transportation

Projects - Transportation Facilities - Water Access.

CH0141 HB0830 Del Rudolph. Alternatives to the General

Educational Development Tests - Study.


Alcoholic Beverages Establishments - Distance from Schools.

CH0143 HB1020 (Amended). Del Rosenberg, et al. Baltimore City

- Video Lottery Terminal Proceeds - Local Impact Grants.

CH0144 HB1070 (Amended). Prince George‘s County Delegation.

Alcoholic Beverages - City of College Park - Sales by License

Holders Near School Buildings PG 309-13.


Prince George‘s County - Alcoholic Beverages - Salary of Part-Time

Liquor Inspectors PG 316-13.

CH0146 HB1088 Dels Niemann and Vaughn. Business Regulation

- Returnable Containers and Returnable Textiles - Revisions.

CH0147 HB1107 (Enrolled). Prince George‘s County Delegation.

Prince George‘s County - School System - Academic Revitalization

and Management Effectiveness Initiative PG 411-13.

CH0148 HB1183 (Amended). Del Conway, et al. Public Health -

Retail Establishments - Use of Toilet Facilities by Customers.


Alcoholic Beverages - Continuing Care Retirement Community

License Ho. Co. 10-13.

CH0150 HB1315 (Amended). Dels Clagett and Zucker. Economic

Development Programs - Data Collection and Tracking (Maryland

Jobs Development Act).

GENERAL ASSEMBLY

786


CH0151 HB1327 Del Otto. Agricultural Commodity - Assessment

- Collection.


Prince George‘s County Sheriff - Compensation and Salaries PG

319-13.


Orphans‘ Court Judges - Salary Ho. Co. 12-13.

CH0154 SB0273 (Amended). The President (Admin), et al.

Veterans Full Employment Act of 2013.

CH0155 HB0225 (Enrolled). The Speaker (Admin), et al. Veterans

Full Employment Act of 2013.

[13-09-44]

787


The Judiciary

COURT OF APPEALS OF

MARYLAND

DISCIPLINARY PROCEEDINGS This is to certify that by an Order of this Court dated April 9,

2013, WENDY K. WEIKAL, aka WENDY WEIKAL-

BEACHAT, The Law Offices of Beachat & Beachat, LLC, 63 West

High Street, Gettysburg, Pennsylvania 17325, has been suspended,

effective immediately, from the further practice of law in this State

and her name as an attorney at law has been stricken from the register

of attorneys in this Court (Maryland Rule 16-773(d)).

* * * * * * * * * *

This is to certify that by an Order of this Court dated April 15,

2013, WENDY K. WEIKAL, aka WENDY WEIKAL-

BEACHAT, The Law Offices of Beachat & Beachat, LLC, 63 West

High Street, Gettysburg, Pennsylvania 17325, has been disbarred by

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

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

the register of attorneys in this Court (Maryland Rule 16-772(d)).

* * * * * * * * * *


2013 the resignation of, JOSEPH ALEXANDER GOLDSTEIN,

P.O. Box 31666, Gwynn Oak, Maryland 21207-8666, has been

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

the register of attorneys in this Court (Maryland Rule 16-775(d)).

* * * * * * * * * *


2013, MARK HOWARD FRIEDMAN, 210 E. Redwood Street,

Totman Bldg., 4th Floor, Baltimore, Maryland 21201, has been

disbarred by consent, effective immediately, from the further practice

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

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

16-772(d)).

[13-09-46]

788


Emergency Action on Regulations Symbol Key

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

• Italic type indicates new text.

• [Single brackets] indicate deleted text.

Emergency Regulations

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

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

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

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

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

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

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

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

Title 05

DEPARTMENT OF HOUSING

AND COMMUNITY

DEVELOPMENT

Subtitle 19 HOMEBUYER EDUCATION

AND COUNSELING

05.19.02 Housing Counseling Certification for

Prefile Mediation

Authority: Real Property Article, §7-105.1(d)(4)(ii), Annotated Code of Maryland

Notice of Extension of Emergency Status

[12-288-E-1]

The Joint Committee on Administrative, Executive, and

Legislative Review has granted an extension of emergency status to

new Regulations .01 — .04 under a new chapter, COMAR 05.19.02

Housing Counseling Certification for Prefile Mediation.

Emergency status has been extended to: September 30, 2013.

Emergency action was published in: 39:21 Md. R. 1375—1376

(October 19, 2012).

RAYMOND A. SKINNER

Secretary of Housing and Community Development

Title 09

DEPARTMENT OF LABOR,

LICENSING, AND

REGULATION

Subtitle 10 RACING COMMISSION

09.10.01 Thoroughbred Rules

Authority: Business Regulation Article, §11-210, Annotated Code of

Maryland

Notice of Emergency Action

[13-123-E]

The Joint Committee on Administrative, Executive, and

Legislative Review has granted emergency status to amendments to

Regulation .07 under COMAR 09.10.01 Thoroughbred Rules.

Emergency status began: April 4, 2013.

Emergency status expires: September 1, 2013

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

because it appears as a Notice of Proposed Action on page 796 of this

issue, referenced as [13-123-P].

J. MICHAEL HOPKINS

Executive Director

Maryland Racing Commission

789


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 09


LICENSING, AND

REGULATION

Subtitle 20 BOARD OF PLUMBING

09.20.01 State Plumbing Code

Authority: Business Occupations and Professions Article, §§12-205 and 12-

207, Annotated Code of Maryland

Notice of Final Action

[13-053-F-I]

On April 18, 2013, the State Board of Plumbing adopted

amendments to Regulations .01 and .02 and new Regulation .04

under COMAR 09.20.01 State Plumbing Code. This action, which

was proposed for adoption in 40:3 Md. R. 241—245 (February 8,

2013), has been adopted as proposed.

Effective Date: May 13, 2013.

MICHAEL J. KASTNER, JR.

Chair

State Board of Plumbing

Title 10

DEPARTMENT OF HEALTH

AND MENTAL HYGIENE

Subtitle 34 BOARD OF PHARMACY

10.34.36 Pharmaceutical Services to Residents in

Assisted Living Programs and Group Homes

Authority: Health Occupations Article, §§12-205, 12-301, 12-401, 12-403, 12-501, 12-503, 12-504, 12-505, 12-506, Annotated Code of Maryland


[12-249-F]

On April 22, 2013, the Secretary of Health and Mental Hygiene

adopted adopt new Regulations .01—.10 under a new chapter,

COMAR 10.34.36 Pharmaceutical Services to Residents in

Assisted Living Programs and Group Homes. This action, which

was proposed for adoption in 39:19 Md. R. 1266—1270 (September

21, 2012) and reproposed in 40:3 Md. R. 249—251 (February 8,

2013), has been adopted as reproposed.

Effective Date: June 15, 2013.

JOSHUA M. SHARFSTEIN, M.D.

Secretary of Health and Mental Hygiene

Title 15

DEPARTMENT OF

AGRICULTURE

Subtitle 20 SOIL AND WATER

CONSERVATION


[13-019-F]

On April 23, 2013, the Secretary of Agriculture adopted new

Regulations .04 and .06 under COMAR 15.20.10 Fertilizer

Application Requirements for Land Not Used for Agricultural

Purposes.

The proposed amendments to Regulations .01, .02, .04. and .05,

and the repeal of .07 under COMAR 15.20.06 Nutrient and

Commercial Fertilizer Application Requirements for

Agricultural Land and new Regulations .01 — .03, .05, and .07 —

.17 under COMAR 15.20.10 Fertilizer Application Requirements

for Land Not Used for Agricultural Purposes are not being

adopted at this time.

This action, which was proposed for adoption in 40:2 Md. R.

157—162 (January 25, 2013), has been adopted as otherwise

proposed.


EARL F. HANCE

Secretary of Agriculture

Title 21

STATE PROCUREMENT

REGULATIONS Notice of Final Action

[13-076-F]

On April 17, 2013, the Board of Public Works adopted:

(1) Amendments to Regulation .01 under COMAR 21.01.02

Terminology;

(2) Amendments to Regulation .01-1 under COMAR 21.01.03

Applicability;

(3) Amendments to Regulation .07 under COMAR 21.05.08

Mandatory Written Solicitation Requirements;

(4) Amendments to Regulations .14 and .25 under COMAR

21.07.01 Mandatory Contract Provisions—All Contracts (except

as provided under COMAR 21.05.07, 21.07.02, and 21.07.03);


21.10.02 Protests;


21.11.01 Small Business Procurements;

FINAL ACTION ON REGULATIONS

790


(7) Amendments to Regulations .01—.04, .07, .09, .10, .12, and

.13 under COMAR 21.11.03 Minority Business Enterprise

Policies; and

(8) Amendments to Regulation .01 and adopt new Regulation

.13 under COMAR 21.11.07 Miscellaneous Purchasing

Preferences.

This action, which was proposed for adoption in 40:4 Md. R.

349—353 (February 22, 2013), has been adopted as proposed.


SHEILA McDONALD

Executive Director

Board of Public Works

Title 36

MARYLAND STATE LOTTERY

AND GAMING CONTROL

AGENCY

Subtitle 02 LOTTERY PROVISIONS


[13-074-F]

On April 23, 2013, the Maryland State Lottery and Gaming

Control Agency adopted the following new chapters under a new

subtitle, Subtitle 02 Lottery Provisions, under a new title, Title 36

Maryland State Lottery and Gaming Control Agency:

(1) Regulations .01 under COMAR 36.02.01 General;

(2) Regulations .01 — .10 under COMAR 36.02.02 Retailer

Licensing;

(3) Regulations .01 — .10 under COMAR 36.02.03 Retailer

Requirements;

(4) Regulations .01 — .08 under COMAR 36.02.04 Common

Provisions for All Lottery Games;

(5) Regulations .01 — .03 under COMAR 36.02.05 Specific

Game Provisions;

(6) Regulations .01 — .18 under COMAR 36.02.06 Claims

Procedures;

(7) Regulations .01 and .02 under COMAR 36.02.07

Unclaimed Lottery Prizes; and

(8) Regulations .01 — .09 under COMAR 36.02.08 Voluntary

Assignment of Monetary Prizes.

This action, which was proposed for adoption in 40:5 Md. R. 415

— 430 (March 8, 2013), has been adopted as proposed.


STEPHEN L. MARTINO

Director

Maryland State Lottery and Gaming Control Agency

791


Proposed Action on Regulations

Title 05

DEPARTMENT OF HOUSING

AND COMMUNITY

DEVELOPMENT

Subtitle 19 HOMEBUYER EDUCATION

AND COUNSELING

05.19.02 Housing Counseling Certification for

Prefile Mediation

Authority: Real Property Article, §7-105.1(d)(4)(ii), Annotated Code of Maryland

Notice of Proposed Action

[12-288-P]

The Secretary of Housing and Community Development proposes

to adopt new Regulations .01—.04 under a new chapter, COMAR

05.19.02 Housing Counseling Certification for Prefile Mediation.

Statement of Purpose

The purpose of this action is to adopt the requirements for the

timing and form of certification for participation in housing

counseling services as a precondition of prefile mediation under Real

Property Article, §7-105.1, Annotated Code of Maryland.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed regulation

would implement House Bill 1974, passed in 2012 to adopt the

requirements for the timing and form of certification for participation

in housing counseling services as a precondition of prefile mediation.

DHCD funded housing counseling agencies will be the sole

authorized providers of housing counseling qualified as a

precondition for prefile mediation. The agencies will be providing the

same National Industry Standard based foreclosure intervention

counseling they are currently funded to provide homeowners in

default and delinquency. Upon completion of counseling, the agency

shall give the homeowner a form, provided by DHCD, certifying

completion.

Revenue (R+/R-)

II. Types of Economic

Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: NONE

B. On other State

agencies: NONE

C. On local governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated

industries or trade groups: NONE

E. On other industries or trade groups:

Nonprofit

Organizations (-) Indeterminable

F. Direct and indirect effects on public:

Benefit (+) Indeterminable

III. Assumptions. (Identified by Impact Letter and Number from

Section II.)

E. DHCD funded housing counseling agencies will be required to

provide homeowners seeking prefile mediation counseling and

certification of counseling as a precondition to the mediation. It is

likely the agencies will experience some increase in demand,

however the increase while indeterminable, is likely to be minimal.

The amount of homeowners qualified to participate in the program

will depend on how many secured parties participate in the program.

Furthermore qualifying homeowners should they opt-in to the

For information concerning citizen participation in the regulation-making process, see inside front cover.

Symbol Key

• Roman type indicates existing text of regulation.

• Italic type indicates proposed new text.

• [Single brackets] indicate text proposed for deletion.

Promulgation of Regulations

An agency wishing to adopt, amend, or repeal regulations must first publish in the Maryland Register a notice of proposed action, a

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

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

must be held open for at least 30 days after the proposal is published in the Maryland Register.

Following publication of the proposal in the Maryland Register, 45 days must pass before the agency may take final action on the

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

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

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

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

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

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

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

PROPOSED ACTION ON REGULATIONS

792


program are presumably the same homeowners that would receive

housing counseling and opt-in to current ―post-file‖ mediation later in

their default timeline. The prefile program brings them into

counseling earlier on at initial default.

F. The general public should benefit since more homeowners at

their initial default will be afforded the opportunity for housing

counseling and mediation allowing for a greater variety of options

other than foreclosure. The required housing counseling will better

prepare the homeowner for mediation and allow for necessary

document exchange that will increase the amount of mediation

resolutions. Reducing foreclosures benefits the individual

homeowner as well as the surrounding neighborhood. This benefit is

indeterminable.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small

businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Carol Gilbert, Assistant Secretary,

Division of Neighborhood Revitalization, Department of Housing

and Community Development, 100 Community Place, Crownsville,

MD 21032, or call 410-514-7299, or email to

[email protected], or fax to 410-685-8270. Comments will

be accepted through June 3, 2013. A public hearing has not been

scheduled.

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

because it appeared as a Notice of Emergency Action in 39:21 Md. R.

1375—1376 (October 19, 2012), referenced as [12-288-E].

RAYMOND A. SKINNER

Secretary of Housing and Community Development

Title 07

DEPARTMENT OF HUMAN

RESOURCES

Subtitle 02 SOCIAL SERVICES

ADMINISTRATION

07.02.11 Out-of-Home Placement Program

Authority: Family Law Article, §§5-501, 5-504, 5-524—5-534; 5-701, and 5-

709; Courts and Judicial Proceedings Article, §§3-801, 3-802, 3-815, 3-816.1,

3-817, 3-819.1, 3-819.2, 3-820, and 3-823; Human Services Article, §9-101 et seq.; and Education Article, §§7-101 and 15-106.1; Annotated Code of

Maryland

(Agency Note: Federal Regulatory Reference: 42 U.S.C. §§620 et seq., 670 et seq.; 45 CFR §205.10; 45 CFR §303.72; 45 CFR 1355—1357)


[13-122-P]

The Secretary of Human Resources proposes to amend Regulation

.12 under COMAR 07.02.11 Out-of-Home Placement Program.


The purpose of this action is to implement the provisions of

Chapters 550 and 551 of the 2012 Regular Session of the Maryland

General Assembly by providing guidance to child placement agencies

for determining whether it is in the child‘s best interest to continue

the child‘s education at the school the child last attended prior to the

most recent out-of -home placement change.




The proposed action has no economic impact.



businesses.




Comments may be sent to Andrea Shuck, Regulations

Coordinator, Human Resources, 311 West Saratoga St., Baltimore,




scheduled.

.12 Education for the Child in Out-of-Home Placement.

A. (text unchanged)

B. School Stability.

(1) With respect to a child who is in the custody of, committed

to, or otherwise placed by the local department of social services in

out-of-home placement, the local department of social services shall

determine whether it is in the child’s best interests to continue the

child’s education at the school the child last attended prior to the

most recent change in placement.

(2) In determining the best interests of the child under §B(1) of

this regulation, the local department of social services shall, in

consultation with the local education agency, consider the following

factors, not in order of priority:

(a) The child’s age;

(b) The school which the child’s siblings attend;

(c) The child’s experiences at the school the child last

attended;

(d) The child’s academic needs;

(e) The child’s emotional needs;

(f) Any other special needs of the child;

(g) Continuity of instruction;

(h) Length of expected stay at current placement;

(i) Likely location of the child’s current and future

permanent placement;

(j) Time remaining in the school year;

(k) Distance, time, and complexity of commute and the

impact it may have on the child’s education and other child-

centered, transportation-related factors; and

(l) The safety of the child.

(3) The local department of social services may seek input from

the child’s attorney, parent, parent surrogate, legal guardian and

other persons who are able to contribute relevant information to the

best interests determination made under this section.

(4) The best interests determination made under this section

shall be made:

(a) Prior to the end of the first school year after the child

enters out-of-home placement, and prior to any change in out-of-

home placement thereafter, unless there is an unanticipated,

emergency change in the child’s residential placement; or

(b) If the child’s residential placement is changed due to an

unanticipated emergency, as soon as possible after the change in

residential placement, but no later than 5 business days thereafter.

(5) A child shall continue to be enrolled in and maintain

attendance in the school of origin until the placement agency


793


completes the best interests determination in accordance with this

section.

(6) The local department of social services shall provide

written notice of the best interests determination made under §B(2) of

this regulation to the child’s school, parent, parent surrogate, legal

guardian, and child’s attorney within 5 business days after the best

interests determination has been made.

[B.] C. — [K.] L. (text unchanged)

THEODORE DALLAS

Secretary of Human Resources

Title 08

DEPARTMENT OF NATURAL

RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.10 Horseshoe Crabs

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


[13-129-P]

The Secretary of Natural Resources proposes to amend Regulation

.01 under COMAR 08.02.10 Horseshoe Crabs.


The purpose of this action is to update the horseshoe crab

regulations. Specifically the proposed action removes the current

regulatory language regarding the specific quota, seasons, and some

catch limits for the horseshoe crab fishery and changes the language

to say that the limits will be established by public notice in order to

implement the Atlantic States Marine Fisheries Commission‘s

(ASMFC) fishery management plan. Currently, the Department

issues a public notice after the management decision has been

approved and then submits both emergency and proposed regulations

with the limits specified in the public notice. There is a time period

when the restrictions in the regulation and public notice are different

and it can be confusing (regulation says one thing and the public

notice something different). Removing the language from the

regulation will make it clear where to find the information. Currently,

the Department regulates other fisheries, such as striped bass, in a

similar manner, which has led to less confusion among regulated

individuals. The proposed action also adds a prohibition on

harvesting females based on a requirement from the ASMFC fishery

management plan.




I. Summary of Economic Impact. The proposed action may have

a negative impact on commercial harvesters.

Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude


B. On other State

agencies: NONE

C. On local

governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated industries or trade groups:

(1) Horseshoe crab

harvesters (-) Indeterminable

(2) Other harvesters (-) Indeterminable

E. On other industries or

trade groups: NONE

F. Direct and indirect

effects on public: NONE


Section II.)

D(1). Prior to this action, harvesters were able to harvest one

female crab for every two male crabs. This proposal will prohibit all

female harvest. To mitigate the loss of income from this prohibition,

the quota will be increased by the amount of female quota that is no

longer available — 1/3. Despite the increased quota, harvesters may

still be negatively impacted because they will have to spend more

time at sea, doing more trawling to get males only. The actual impact

is indeterminable because it is unknown how much extra time, fuel,

and other resources it will take to catch the males.

D(2). The prohibition on female harvest may negatively impact

harvesters who use horseshoe crabs as bait. Eel and whelk harvesters

prefer to use female horseshoe crabs as bait. The use of male only

may impact their harvest. The actual impact is indeterminable

because, even though female horseshoe crabs are the preferred bait,

the harvesters use both male and female horseshoe crabs as bait. The

actual catch rate of gear with females as bait is undocumented.


The proposed action has a meaningful economic impact on small

business. An analysis of this economic impact follows.

The proposed action may have a negative impact on commercial

harvesters.




Comments may be sent to Horseshoe Crab Regulations,

Regulatory Staff, Department of Natural Resources Fisheries Service,

B-2, 580 Taylor Avenue, Annapolis, MD 21401, or call 410-260-

8260, or email to [email protected], or fax to

410-260-8310. Comments will be accepted through June 3, 2013. A

public hearing has not been scheduled.

.01 Horseshoe Crabs.

A. Quota.

(1) The annual total allowable landings of horseshoe crabs for

the commercial fishery [is 170,653 horseshoe crabs] shall be

established and may be modified through a public notice issued in

accordance with §G of this regulation.

(2) (text unchanged)

B. Seasons.

[(1) A person may not catch or land horseshoe crabs in

Maryland from December 1 through June 7, inclusive.

(2) From June 8 through July 12, inclusive, a person:

(a) May not catch or land horseshoe crabs from:

(i) The Chesapeake Bay and its tidal tributaries, or


794


(ii) Within 1 mile of the Atlantic coast or its coastal bays;

and

(b) May catch and land horseshoe crabs outside of 1 mile of

the Atlantic coast on Monday through Friday in accordance with the

catch limits in §D of this regulation.

(3) From July 13 through November 30, inclusive, a person

may catch or land horseshoe crabs from the tidal waters of the State

on Monday through Friday in accordance with the catch limits in §D

of this regulation.]

The season for harvesting horseshoe crabs shall be established

and may be modified through a public notice issued in accordance

with §G of this regulation.

C. (text unchanged)

D. Catch Limits.

(1) A person that does not possess a valid Maryland horseshoe

crab landing permit may not catch, possess, or land more than 25

horseshoe crabs per day.

[(2) From June 8 through July 12, inclusive, an individual in

possession of a valid horseshoe crab landing permit may not land

more than 100 horseshoe crabs per day.

(3) From July 13 through November 30 inclusive, an individual

in possession of a valid horseshoe crab landing permit may not land

more than the daily catch limit specified on the permit and regardless

of the statewide catch limit specified on the permit, no more than 150

horseshoe crabs per permit per day may harvested from the

Chesapeake Bay and its tidal tributaries.]

(2) An individual may not catch or possess female horseshoe

crabs.

(3) The catch limit for individuals in possession of a valid

horseshoe crab landing permit shall be established and may be

modified through a public notice issued in accordance with §G of this

regulation.

E. — F. (text unchanged)

G. General.

(1) — (2) (text unchanged)

(3) The Secretary may establish or modify catch limits, [or]

quotas[, or open or close a season as required by], and seasons for

horseshoe crabs in order to implement the Atlantic States Marine

Fisheries Commission Interstate Fishery Management Plan for

Horseshoe Crab by [publishing] issuing a public notice on the

Fisheries Service website [at least 48 hours in advance, stating the

effective hour and date].

(4) The public notice shall state its effective hour and date and

shall be published on the Fisheries Service website at least 48 hours

in advance of the effective hour and date.

[(4)] (5) The Secretary shall make a reasonable effort to

disseminate a public notice issued under this section through various

other media so that an affected [person] individual has a reasonable

opportunity to be informed. (6) A violation of the restrictions set by

the Secretary in accordance with §G of this regulation is a violation

of this regulation.

JOHN R. GRIFFIN

Secretary of Natural Resources

Subtitle 02 FISHERIES SERVICE

08.02.23 Shellfish Aquaculture and Leasing

Authority: Natural Resources Article, §§4-11A-02, 4-11A-09, 4-11A-12, and

4-11A-19, Annotated Code of Maryland


[13-130-P]

The Secretary of Natural Resources proposes to amend

Regulations .02 — .04 under COMAR 08.02.23 Shellfish

Aquaculture and Leasing.


The purpose of this action is to amend current aquaculture lease

regulations. The Department has been working with the Aquaculture

Coordinating Council to determine requirements that will allow the

industry to remain competitive and increase profitability while

protecting the wild oyster resource. Emergency regulations have been

in effect since September 2012, which allow leaseholders to harvest

oysters that are a minimum of 2 inches for sale while the public

fishery is closed, create a 1-inch maximum seed size limit, allow a 5

percent tolerance limit (same as commercially harvested oysters), add

an application fee for water column leases of $300 (same as

submerged land leases), and add an annual rent of $25 per acre for all

water column leases. The proposed action incorporates all of the

emergency provisions and increases the ability to sell 2inch oysters

year round from a water column lease.

When the State authority for aquaculture permitting was

consolidated from MDE to DNR in 2011, the ability to charge

application fees and annual rent for water column leases was not

included in the transfer of authority. The proposed regulation

establishes a one-time nonrefundable fee of $300 for new water

column lease applications and an annual water column lease rent of

$25 per acre. These fees will ensure that all water column lessees are

paying the same amount for rent.

Strong market demand exists for farm-raised oysters smaller than

3 inches. Maryland growers must be able to compete with those states

currently supplying these markets or our industry will remain at a

competitive disadvantage in the marketplace. The proposed action

establishes a maximum seed size, for cultured oysters, of 1 inch. The

action allows the year-round sale of oysters harvested from a water

column lease that are a minimum of 2 inches. Leaseholders with

submerged land leases will only be authorized to sell oysters that are

a minimum of 2 inches while the public oyster fishery is closed, April

1-September 30. During the season, oysters from a submerged land

lease must be a minimum of 3 inches.

Currently, a 5 percent tolerance limit exists for the possession of

undersized oysters when harvesting from public grounds; however, a

similar tolerance limit for possession of undersized farm-raised

oysters harvested from leases does not exist. It is extremely difficult

for growers to maintain this level of accuracy during harvest

activities. The proposed action establishes a 5 percent tolerance limit

for undersized oysters harvested from leases, similar to the limit that

exists for the public fishery. This action resolves an inconsistency

between the public and private fishery.




795



I. Summary of Economic Impact. The proposed action has an

economic impact on the Department and regulated industry.

Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency:

Fees (R+) Indeterminable

B. On other State

agencies: NONE

C. On local

governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated industries or trade groups:

(1) Fees (-) Indeterminable

(2) Harvest of 2-inch

oysters (+) Indeterminable

E. On other industries or trade groups:

Harvest of 2-inch oysters (+) Indeterminable


effects on public: NONE


Section II.)

A. The exact amount of revenue that will be generated as a result

of this regulation cannot be calculated. The regulation establishes

application and rental fees that will be collected by the Department

for new shellfish aquaculture water column leases and there is no

way to accurately assess how many of these types of leases will be

applied for and issued.

D(1). The businesses will experience an increase in expenditures

as this regulation establishes specific application fees and annual rent

that is assessed by the Department for new shellfish aquaculture

water column leases.

D(2). This action will result in an increase in revenue to oyster

aquaculture producers by allowing these businesses to harvest and

sell small oysters in addition to the products that they are currently

selling and expand their markets. This action will increase sales and

generate additional revenue but the exact economic impact cannot be

calculated.

E. The restaurant businesses may benefit from the ability 2-inch

oysters, however the exact impact is indeterminable.




Aquaculturists will be negatively impacted by the fees, but

positively impacted by the ability to harvest 2-inch oysters. Other

small businesses, restaurants and dealers, may be positively impacted

by the availability of oysters year round.




Comments may be sent to Aquaculture Regulations, Regulatory Staff,

Fisheries Service, B-2, 580 Taylor Avenue, Annapolis, MD 21401, or

call 410-260-8260, or email to [email protected],

or fax to 410-260-8310. Comments will be accepted through June 3,

2013. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.


(10) ―Seed oyster‖ means an oyster that is no more than 1 inch

in size from hinge to bill.

[(10)] (11) — [(12)] (13) (text unchanged)

.03 Lease Procedures.

A. (text unchanged)

B. Aquaculture Activities in the Water Column. Prior to engaging

in aquaculture activities in the water column of:


(2) Waters of the State not listed in Regulation .05 of this

chapter, a person shall [apply for a]:

(a) Apply for:

(i) [Shellfish] A shellfish aquaculture harvester permit as

described in Regulation .04 of this chapter; and

[(b)] (ii) A [Water] water column lease by submitting an

application on a form provided by the Department[.]; and

(b) Submit a nonrefundable fee of $300.

C. — D. (text unchanged)

E. Rent.


(2) Except as provided in §E(3) of this regulation, the rental

rate for a water column lease in areas listed in Regulation .05 of this

chapter is [$40] $25 per acre per year and is due to the Department by

December 31 of the preceding year.


F. — K. (text unchanged)

.04 Shellfish Aquaculture Harvester Permit.

A. — E. (text unchanged)

F. A shellfish aquaculture harvester permittee or permit registrant:


(3) Except as provided in §F(4) of this regulation, may not

harvest oysters [that are less than 3 inches from hinge to bill;] from a:

(a) Water column lease that are less than 2 inches from

hinge to bill; or

(b) Submerged land lease that are less than:

(i) 2 inches from hinge to bill from April 1 through

September 30; or

(ii) 3 inches from hinge to bill from October 1 through

the following March 31;

(4) Shall have written permission from the Department if in

possession of undersized shellfish outside of the leased area;

(5) May possess seed oysters;

[(5)] (6) — [(6)] (7) (text unchanged)

G. Tolerance Limit.

(1) A shellfish aquaculture harvester permittee or permit

registrant may not possess oysters harvested from a lease that

include a combined total of more than 5 percent of shells and oysters

which measure less than the minimum allowable size specified in

§F(3) of this regulation.

(2) In ascertaining this percentage the Department shall select

by random sample an amount of oysters from any pile, hold, bin,

house, or place as deemed proper, cull the sample, and require any

undersized oysters to be returned to the lease area.


796


(3) All small oysters and cultch that adhere to marketable

oysters shall be separated, and the marketable oysters shall be

excluded from any measurement of small oysters and cultch.

(4) A person may possess marketable oysters that have

undersized oysters or spat less than 1 inch in length from hinge to bill

attached to them that cannot be separated without destroying the

small oyster.

JOHN R. GRIFFIN

Secretary of Natural Resources

Title 09


LICENSING, AND

REGULATION

Subtitle 10 RACING COMMISSION

09.10.01 Thoroughbred Rules

Authority: Business Regulation Article, §11-210, Annotated Code of

Maryland


[13-123-P]

The Maryland Racing Commission proposes to amend Regulation

.07 under COMAR 09.10.01 Thoroughbred Rules. This action was

considered by the Maryland Racing Commission at a public meeting

held on February 19, 2013, notice of which was given by publication

in 40:2 Md. R. 180 (January 25, 2013), pursuant to State Government

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


The purpose of this action is to restrict a horse from participating

in a claiming race for a price less than the price for which the horse

was claimed, to allow the owner of a horse to declare a horse

ineligible to be claimed if the horse has not run for a period of time

and certain conditions are satisfied, and to prohibit a person from

claiming more than one horse in a race.







businesses.




Comments may be sent to J. Michael Hopkins, Executive Director,

Maryland Racing Commission, 300 East Towsontown Boulevard,

Towson, MD 21286, or call 410-296-9682, or email to



scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland

Racing Commission during a public meeting to be held on June 18,

2013, at 12:30 p.m., at Laurel Park, Laurel, MD 20725.

.07 Claiming.

A. [In] Except as provided in §A-1 of this regulation, in claiming

races a horse is subject to claim for its entered price by:


A-1. In claiming races a horse is not subject to claim if:

(1) The horse has not started for a minimum of 180 days;

(2) The horse is entered for a claiming price at least equal to

the claiming price for which the horse last started;

(3) For the first race following the period specified in §A-1(1)

of this regulation, the horse is declared ineligible to be claimed at the

time of entry; and

(4)The program clearly designates that the horse is ineligible

to be claimed.

B. (text unchanged)

C. [For the purposes of claiming, a person may not be named as

the trainer of more than one horse in a race] A person shall not be

eligible to claim more than one horse in a race, either directly or

through another.

D. — L. (text unchanged)

M. If a horse is claimed:

(1) [The] For a period of 30 days from the day of the claim, the

horse may [immediately] start in [any] a claiming race [regardless of

the] only for a claiming price at least 25% more than the claiming

price for which it was claimed;


N. — R. (text unchanged)

J. MICHAEL HOPKINS

Executive Director

Maryland Racing Commission

Subtitle 21 BOARD OF ARCHITECTS

09.21.05 Continuing Professional Competency

Requirements

Authority: Business Occupations and Professions Article, §§3-208, 3-309, 3-

309.1, and 3-309.2; Annotated Code of Maryland


[13-128-P]

The Board of Architects proposes to adopt new Regulations .01 —

.12 under a new chapter, COMAR 09.21.05 Continuing

Professional Competency Requirements. This action was

considered by the Board at a public meeting held on February 27,

2013, notice of which was published in the Daily Record on February

21, 2013, pursuant to State Government Article, §10-506(c),

Annotated Code of Maryland.


The purpose of this action is to create a framework for continuing

professional competency regulations that is consistent with the recent

national changes related to the licensure of architects. In addition,

these regulations: (1) clarify the process of compliance with the

continuing professional competency requirements as a condition of

renewal of architectural license; and (2) streamline the reciprocal

license process for architects licensed in other states and seeking

licensure in Maryland.






797




businesses.




Comments may be sent to Pamela J. Edwards, Executive Director,

Board of Architects, 500 N. Calvert Street, Room 308, Baltimore,


[email protected], or fax to 410-333-0021. Comments

will be accepted through June 3, 2013. A public hearing will be held,

May 22, 2013, 11 am, 500 N. Calvert Street, 2nd Floor Conference

Room, Baltimore, MD 21202.

Open Meeting

Final action on the proposal will be considered by the Board of

Architects during a public meeting to be held on June 26, 2013, 10:00

a.m., at 500 N. Calvert Street, Third Floor Conference Room,

Baltimore, MD 21202.

.01 Purpose.

The State legislature has determined that, in order to safeguard

the health, safety, and welfare of Maryland citizens, licensed

architects must comply with the continuing professional competency

requirements as a prerequisite to the renewal of a license.

.02 Definitions.

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

(1) ―Authorized activities‖ means professional development

activities that:

(a) Meet the criteria set forth in Regulation .04 of this

chapter; and

(b) Are approved and accepted for credit by the American

Institute of Architects (AIA), the National Council of Architectural

Registration Boards (NCARB), or the Board.

(2) ―Board‖ means the State Board of Architects.

(3) ―Health, safety, and welfare subjects‖ means technical and

professional subjects more specifically described in Regulation .04 of

this chapter that the Board deems necessary and appropriate in order

to accomplish the following goals:

(a) To safeguard the public; and

(b) To properly evaluate, design, construct, and utilize

buildings and the built environment.

(4) ―Learning unit (LU)‖ means one continuous instructional

hour spent attending and completing the professional development

activity in health, safety, and welfare subjects. One LU means a

minimum of 50 minutes of face-to-face or distance learning

instruction per 60-minute hour and is equivalent to a comparable

single educational unit that may be utilized by AIA or NCARB.

.03 Requirements.

A. Except as set forth in §B of this regulation, a licensee shall

complete at least 12 LUs during each of the 2 preceding calendar

years that occur prior to the calendar year in which an applicable

license term is set to expire.

B. In the event a licensee is unable to fulfill the continuing

competency requirements in accordance with the criteria described

in §A of this regulation, but still completes 24 LUs during the

relevant term of the license, the Board may accept such completion

as the acceptable fulfillment of the license renewal requirements for a

particular licensing term.

C. A licensee may not carry forward as a credit any of the LUs

earned in excess of 12 annual LUs described in §A of this regulation.

.04 Professional Development Activities.

A. Professional development activity shall meet the following

criteria:

(1) Be a post-licensing educational activity approved by the

Board in which at least 75 percent of activity’s content and

instructional time is dedicated to health, safety, and welfare subjects,

as they relate to the practice of architecture.

(2) Expand the knowledge of health, safety, and welfare

subjects or offer a skill set geared towards maintaining and

enhancing professional competency of licensed architects;

(3) Offer learning experiences relevant to current architectural

practices as they relate to the public health, safety, and welfare; and

(4) Be presented, led, or taught at a professional level by well-

qualified professionals in an environment conducive to learning and

appropriate for accomplishing learning objectives described in these

regulations.

B. Professional development activity shall fall into one or more of

the health, safety, and welfare content areas identified by NCARB, as

updated or otherwise amended from time to time.

C. A professional development activity shall provide for clear

outcome measures in the form of a narrative, quiz, test, questions and

answers, project, or any other appropriate form or method.

D. Professional development activity may be presented by the

following methods:

(1) Classroom instruction;

(2) In-house presentation;

(3) Distance learning delivery;

(4) Online instruction; or

(5) Other formats approved by the Board.

.05 Submissions for Approval.

A. Entities or individuals, including, but not limited to,

professional firms conducting in-house presentations, may submit a

specific professional development activity for review and approval by

the Board.

B. During the application process, the Board will evaluate the

suitability of the activity and its presenter.

C. The presenter shall submit adequate information to enable the

Board to evaluate the professional development activity. At a

minimum, the Board requires the following information to be

submitted with each application for approval:

(1) The types and descriptions of proposed or existing

programs intended to be offered;

(2) The number of LUs to be awarded for each activity;

(3) The identity and qualifications of the instructors;

(4) The explanation and sample of outcome measures; and

(5) The sample course outlines detailing the content of activity

to be offered.

D. The Board may approve an activity only if it meets all of the

following criteria:

(1) The activity’s main content areas are in the health, safety,

and welfare subjects; and

(2) The activity enables a licensee to further the licensee’s

competency and professionalism as a licensed architect.

E. The Board may suspend or revoke its approval of an activity if,

in the judgment of the Board, the intent of Business Occupations and

Professions Article, §3-309.1, Annotated Code of Maryland, is no

longer served or a presenter materially changed the content of the

activity without the prior written approval of the Board.

.06 Record Keeping.

A. Responsibility to Maintain Records.

(1) The responsibility of maintaining records to be used to

support the continuing professional competency credit claim is the

responsibility of each licensee.


798


(2) A licensee shall maintain the records for a period of at least

2 years from the date of completion of the qualifying program.

B. Documentation referred to in §A(2) of this regulation, includes,

but is not limited to, the following:

(1) Certificates of participation;

(2) Transcripts; or

(3) Any other appropriate evidence acceptable to the Board.

.07 Reporting Requirements for License Renewal.

A. A licensee shall attest on the license renewal form to the fact

that the licensee has completed all applicable CPC requirements set

forth in this chapter by the last day of the calendar year preceding

the year in which the licensee’s individual license is to be renewed

for the following 2-year licensing term.

B. The Board at its discretion may audit randomly selected

licensees to ascertain compliance with CPC requirements.

C. Licensees who are audited shall provide within 30 days of

receipt of electronic notice of audit from the Board any additional

documentation required by the Board to complete the audit.

.08 Extenuating Circumstances/Exceptions.

A. Notwithstanding other requirements set forth in this chapter, a

licensee who is granted an initial license may renew a license for the

next full term without complying with the CPC requirements.

B. A licensee who, due to physical disability, illness, military duty,

or other extenuating circumstances, is unable to comply with the

CPC requirements prior to the license expiration date shall to the

extent feasible so notify the Board prior to the license expiration

date. If at a later date a licensee whose license lapsed due to

noncompliance with the CPC requirements wishes to reinstate the

license, the licensee shall fulfill all past due CPC requirements for

the previous CPC reporting periods, subject to the maximum amount

of required credits as set forth in Regulation .10 of this chapter. The

Board may consider waiving, if the extenuating circumstances so

warrant, all or part of applicable reinstatement fees and a portion of

the required number of LUs.

.09 Failure to Meet the CPC Requirements.

A. In the event the licensee fails to respond to the Board’s notice

within 30 days as described in Regulation .07 of this chapter, the

Board shall provide the licensee with the written notice affording the

licensee an additional 30 days from the date of the notice to provide

evidence acceptable to the Board of compliance with applicable CPC

requirements.

B. In the event the licensee does not respond to the Board’s notice

or otherwise fails to comply with the CPC requirements set forth in

this chapter, the Board, subject to the hearing provisions of Business

Occupations and Professions Article, §3–313, Annotated Code of

Maryland, may take any and all available disciplinary actions under

Business Occupations and Professions Article, §3–311, Annotated

Code of Maryland.

.10 Reinstatement of License.

A licensee who wishes to reinstate a license after failing to

complete the CPC requirements shall fulfill past due CPC

requirements for the immediately preceding CPC reporting periods

up to 24 LUs and pay all applicable fees.

.11 Emeritus Status.

An individual who elected the status of ―architect emeritus‖ shall

be exempt from the compliance with the CPC requirements. In the

event such individual decides to have the license reactivated, the

individual shall fulfill past due CPC requirements up to 24 LUs.

.12 Learning Units Earned in Other States.

The CPC requirements applicable to the renewal of Maryland

architectural license shall be deemed to be satisfied by an architect

licensed in another state if the following requirements are met:

A. The state of current residency of an out-of-State licensed

architect has a comparable continuing professional competency

program; and

B. The state of current residency accepts Maryland CPC

requirements as satisfying its own comparable continuing

professional competency program.

DIANE CHO

Chair

State Board of Architects

Title 10

DEPARTMENT OF HEALTH

AND MENTAL HYGIENE

Subtitle 32 BOARD OF PHYSICIANS

10.32.03 Delegation of Duties by a Licensed

Physician — Physician Assistant

Authority: Health Occupations Article, §§1-606, 14-205, [[[14-306]]], and 15-101—15-403, 15-314—15-316, and 15-401, Annotated Code of Maryland


[12-188-R]

The Secretary of Health and Mental Hygiene proposes to adopt

new Regulations .17 and .18 under COMAR 10.32.03 Delegation of

Duties by a Licensed Physician—Physician Assistant. Because

substantive changes have been made to the original proposal as

published in 39:15 Md. R. 981—986 (July 27, 2012), this action is

being reproposed at this time. This action was considered at a public

meeting held on December 19, 2012, notice of which was given by

publication in 39:24 Md. R. 1593 (November 30, 2012) pursuant to

State Government Article, §10-506(c)(1), Annotated Code of

Maryland.


The purpose of this action is to adopt sanctioning guidelines which

will be used by the Board of Physicians in sanctioning physician

assistants. The purpose of the reproposal is to amend these

regulations to mirror changes made to COMAR 10.32.02 so that

regulations for physicians and physician assistants are consistent for

both professions.







businesses.




799



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

Regulation and Policy Coordination, Department of Health and

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

Maryland 21201, or call 410-767-6499 (TTY800-735-2258), or email

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

will be accepted through June 3, 2013. A public hearing has not been

scheduled.

Ed. Note: Pursuant to State Government Article, §10-113,

Annotated Code of Maryland, if a promulgating agency substantively

alters the text of regulations that have been previously proposed in

the Maryland Register, the altered text must be published in the

Maryland Register as though it were initially proposed. The text of

regulations appearing immediately below has been altered

substantively from the initially proposed text.

Symbols: Roman type indicates existing text of regulations. Italic

type indicates initially proposed new text. Helvetica Bold Italic

type indicates new text that substantively alters the text as initially

proposed. [Single brackets] indicate existing text proposed for repeal.

[[[Triple brackets]]] indicate text proposed for deletion which

substantively alters the originally proposed text.

.17 Sanctioning and Imposition of Fines.

A. General Application of Sanctioning Guidelines.

(1) (originally proposed text unchanged)

(2) Except as provided in §B of this regulation, for violations of

the sections of the [[[Medical Practice]]] Physician Assistants

Act listed in the sanctioning guidelines, the Board shall impose a

sanction not less severe than the minimum listed in the sanctioning

guidelines nor more severe than the maximum listed in the

sanctioning guidelines for each offense.

(3) Ranking of Sanctions.

(a)—(c) (originally proposed text unchanged)

(d) A fine listed in the sanctioning guidelines may be

imposed in addition to but not as a substitute for a sanction. [[[If a

minimum fine is listed, at least the minimum fine shall be imposed in

addition to the sanction listed.]]]

(e) (originally proposed text unchanged)

(4)—(7) (originally proposed text unchanged)

(8) Depending on the facts and circumstances of each case, and to the extent that the facts and circumstances apply, the Board may consider the aggravating and mitigating factors set out in §B(4) and (5) of this regulation and may in its discretion determine, based on those factors, that an exception should be made and that the sanction in a particular case should fall outside the range of sanctions listed in the sanctioning guidelines.

(9) If the Board imposes a sanction that departs from the sanctioning guidelines as set forth in Regulation .18 of this chapter, the Board shall state its reasons for doing so in its final decision and order.

B. Aggravating and Mitigating Factors.


(6) A departure from the sanctioning guidelines set forth in Regulation .18 of this chapter is not a ground for any hearing or appeal of a Board action.

C. Fines for Unauthorized Practice as a Physician Assistant.


(3) The Board shall pay all monies collected pursuant to §C of

this regulation into the [[[Board‘s]]] Board of Physicians’ fund.

D. (originally proposed text unchanged)

E. Other Fines.


(2) The Board shall pay all monies collected pursuant to §E(1)

of this regulation into the [[[Board‘s]]] Board of Physicians’ fund.

F.—G. (originally proposed text unchanged)

_______________________________

.18 Sanctioning Guidelines for Physician Assistants.

A. Subject to provisions of Regulation .17A and B of this chapter, the Board may impose sanctions as outlined in §B of this regulation on

[[[physicians]]] physician assistants for violations of Health Occupations Article, §15-314(a), Annotated Code of Maryland.

B. Range of Sanctions.

Ground Maximum [[[Penalty]]]

Sanction

Minimum [[[Penalty]]]

Sanction

Maximum Fine Minimum Fine


(15) Pays or agrees to pay any sum to any

person for bringing or referring a patient or

accepts or agrees to accept any sum from any

person for bringing or referring a patient

[[[Suspension for 3 year]]]

Revocation

Reprimand $50,000 $2,500


(18) Practices medicine with an unauthorized

person or aids an unauthorized person in the

practice of medicine

[[[Suspension for 1 year]]]

Revocation

Reprimand $25,000 $5,000





800



10.32.06 Licensure of Polysomnographic

Technologists

Authority: Health Occupations Article, §§1-606, 14-205, [[[14-306,]]] and

14-5C-17, Annotated Code of Maryland


[12-187-R]

The Secretary of Health and Mental Hygiene proposes to amend

Regulation .12 and adopt new Regulation .13 under COMAR

10.32.06 Licensure of Polysomnographic Technologists. Because

substantive changes have been made have been made to the original

proposal published in 39:15 Md. R. 986—989 (July 27, 2012), this

action is being reproposed at this time. This action was considered at

a public meeting held on December 19, 2012, notice of which was

given by publication in 39:24 Md. R. 1592 (November 30, 2012)

pursuant to State Government Article, §10-506(c)(1), Annotated

Code of Maryland.



will be used by the Board of Physicians in sanctioning

polysomnographic technologists. The purpose of the reproposal is to

amend these regulations to mirror changes made to COMAR

10.32.02 so that regulations pertaining to sanctioning guidelines for

physicians and polysomnographers are consistent for both

professions.







businesses.










scheduled.














.12 Penalties, Fines, and Sanctioning Guidelines.

A.—D. (originally proposed text unchanged)

E. General Application of Sanctioning Guidelines.


(2) Except as provided in §F of this regulation, for violations of

the sections of the [[[Medical Practice]]] Maryland Polysomnography Act listed in the sanctioning guidelines, the

Board shall impose a sanction not less severe than the minimum

listed in the sanctioning guidelines nor more severe than the

maximum listed in the sanctioning guidelines for each offense.


(a)—(b) (originally proposed text unchanged)

(c) A stayed suspension not meeting the criteria for

[[[§F(3)(b)]]] §E(3)(b) of this regulation is ranked as a reprimand.


(8) Depending on the facts and circumstances of each case, and to the extent that the facts and circumstances apply, the Board may consider the aggravating and mitigating factors set out in §F(4) and (5) of this regulation and may in its discretion determine, based on those factors, that an exception should be made and that the sanction in a particular case should fall outside the range of sanctions listed in the sanctioning guidelines.


F. Aggravating and Mitigating Factors.



G.—H. (originally proposed text unchanged)

_______________________________

.13 Sanctioning Guidelines for Polysomnographic Technologists.

A. (originally proposed text unchanged)


Ground Maximum Sanction Minimum Sanction


(15) Knowingly practices polysomnography with an

unauthorized individual or aids an unauthorized

individual in the practice of polysomnography

[[[Suspension for 1 year]]] Revocation Reprimand





801



10.32.08 Licensure of Athletic Trainers

Authority: Health Occupations Article, §§1-606, 14-205 and 14-5D-01—14-

5D-20, Annotated Code of Maryland


[12-215-R]

The Secretary of Health and Mental Hygiene proposes to adopt

new Regulations .01—.12 under a new chapter, COMAR 10.32.08

Licensure of Athletic Trainers. Because substantive changes have

been made to the original proposal published in 39:16 Md. R. 1091—

1099 (August 10, 2012), this action is being reproposed at this time.

This action was considered at a public meeting held on December 19,

2012, notice of which was given by publication in 39:24 Md. R. 1592

(November 30, 2012) pursuant to State Government Article, §10-

506(c)(1), Annotated Code of Maryland.


The purpose of this action is to establish requirements for the

licensure and discipline of a new allied health profession, athletic

training. The regulations include requirements for the advisory

committee, requirements for licensure and scope of practice for an

athletic trainer, grounds for discipline for athletic trainers,

sanctioning guidelines and other matters pertaining to the practice of

athletic trainers. The purpose of the reproposal is to amend these


regulations for physicians and athletic trainers are consistent for both

professions.




I. Summary of Economic Impact. The Board of Physicians will

incur expenses as a result of establishing a new licensure program,

reviewing applications, responding to inquiries, maintaining a data

system, handling any disciplinary actions, etc. A moderate fee will be

imposed on athletic trainers to offset the cost of these services. In

addition, there could be some income generated from penalties under

Regulation .11; however, based on the experience in other allied

health programs, the revenue from assessed penalties would be

minimal and has been estimated at $0.

Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency:

(1) (R+) $100,000

(2) (E+) $104,858

B. On other State

agencies: NONE


Benefit (+)

Cost (-) Magnitude

D. On regulated

industries or trade groups: (-) $100,000


trade groups: NONE


effects on public: (+) Unquantifiable


Section II.)

A(1). Income results from initial applications for an estimated 500

athletic trainers who are already certified by the national organization

and practicing in Maryland. (As of June 24, 2011, there are 607

certified athletic trainers with Maryland addresses. Some of these

may not be working in Maryland in athletic trainer positions.) Initial

licensing fee is $200 (for a 2-year period).

500 × $200 = $100,000

Evaluation and Treatment Protocol fee is waived through

September 2012; therefore, no revenue is anticipated.

Renewals and reinstatements will not occur during the initial phase of

implementing licensure since initial licenses will cover a 2-year

period.

A(2). Staff needed to support this program, including preparing

documents for use by the program, reviewing applications for

licensure, verifying information of the applications, contacting

applicants with questions, reviewing evaluation and treatment

protocols, issuing licenses. The secretary will maintain all paperwork

and files, handle telephone inquiries, prepare packets for committee

meetings and maintain minutes of those meetings, and prepare

documents to be submitted to the Board each month.

D. Fees, which are identified in A(1), will be paid by the regulated

industry or individuals.

F. Impact of public will be to insure that the public can assume

that an ―athletic trainer‖ is a licensed professional meeting specified

criteria. This is not quantifiable.



businesses.










scheduled.














.01—.10 (originally proposed text unchanged)


802


.11 Fines, Penalties, and Sanctioning Guidelines.

A.—C.(originally proposed text unchanged)

D. General Application of Sanctioning Guidelines.


(2) Except as provided in §E of this regulation, for violations of

the sections of the [[[Medical Practice]]] Maryland Athletic Trainers Act listed in the sanctioning guidelines, the Board shall

impose a sanction not less severe than the minimum listed in the

sanctioning guidelines nor more severe than the maximum listed in

the sanctioning guidelines for each offense.


(a)—(c) (originally proposed text unchanged)

(d) A fine listed in the sanctioning guidelines may be

imposed in addition to but not as a substitute for a sanction. [[[If a

minimum fine is listed, at least the minimum fine shall be imposed in

addition to the sanction listed.]]]

(e) (originally proposed text unchanged)


(8) Depending on the facts and circumstances of each case, and to the extent that the facts and circumstances apply, the Board may consider the aggravating and mitigating factors set out in §E(4) and (5) of this regulation and may in its discretion determine, based on those factors, that an exception should be made and that the sanction in a particular case should fall outside the range of sanctions listed in the sanctioning guidelines.


E. Aggravating and Mitigating Factors.



F.—G. (originally proposed text unchanged)

_______________________________

.12 Sanctioning Guidelines for Athletic Trainers.



Ground Maximum

[[[Penalty]]]

Sanction

Maximum

[[[Penalty]]]

Sanction

Maximum Fine Minimum Fine


(15) Knowingly practices athletic training with an


individual in the practice of athletic trainer services

[[[Suspension for 1

year]]]

Revocation

Reprimand $5,000 $1,000




_______________________________


10.32.10 Licensure of Radiation Therapists,

Radiographers, Nuclear Medicine

Technologists, and Radiologist Assistants

Authority: Health Occupations Article, §§1-606, [[[14-306,]]] 14-5B-12, 14-5B-12.1, 14-5B-14, 14-5B-15, 14-5B-18, 14-5B-18.1, and 14-5B-19,

Annotated Code of Maryland


[12-185-R]



10.32.10 Licensure of Radiation Therapists, Radiographers,

Nuclear Medicine Technologists, and Radiologist Assistants.

Because substantive changes have been made have been made to the

original proposal published in 39:15 Md. R. 990—994 (July 27,

2012), this action is being reproposed at this time. This action was

considered at a public meeting held on December 19, 2012, notice of

which was given by publication in 39:24 Md. R. 1592 (November 30,

2012) pursuant to State Government Article, §10-506(c)(1),

Annotated Code of Maryland.



will be used by the Board of Physicians in sanctioning radiation

therapists, radiographers, nuclear medicine technologists, and

radiologist assistants. The purpose of the reproposal is to amend these


regulations pertaining to sanctioning guidelines for physicians and

radiation therapists, radiographers, nuclear medicine technologists,

and radiologist assistants are consistent for both professions.







businesses.






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




scheduled.


803


Ed. Note: Pursuant to State Government Article, §10-113, Annotated

Code of Maryland, if a promulgating agency substantively alters the

text of regulations that have been previously proposed in the

Maryland Register, the altered text must be published in the











A.—E. (originally proposed text unchanged)

F. General Application of Sanctioning Guidelines.


(2) Except as provided in §G of this regulation, for violations

of the sections of the [[[Medical Practice]]] Maryland Radiation Therapy, Radiography, Nuclear Medicine Technology, and Radiology Assistance Act listed in the sanctioning guidelines, the





(8) Depending on the facts and circumstances of each case, and to the extent that the facts and circumstances apply, the Board may consider the aggravating and mitigating factors set out in §G(4) and (5) of this regulation and may in its discretion determine,

based on those factors, that an exception should be made and that the sanction in a particular case should fall outside the range of sanctions listed in the sanctioning guidelines.


G. Aggravating and Mitigating Factors.



H. (originally proposed text unchanged)

I. Offenses Related to Continuing Medical Education Credits.

(1) First Offense of Failure to Document Credits.

(a) Except as provided in §I(2) or (3) of this regulation, if a

licensee has submitted an application claiming the completion of

continuing medical education credits and the licensee fails to

document the completion of such continuing medical education

credits when audited by the Board, the Board may impose a civil fine

under Health Occupations Article, §14-5B-12, Annotated Code of

Maryland, of up to $100 per missing continuing medical education

credit in lieu of a sanction under Health Occupations Article, [[[§14-

5B-17]]] §14-5B-14, Annotated Code of Maryland.

(b) (originally proposed text unchanged)


J. (originally proposed text unchanged)

_______________________________

.19 Sanctioning Guidelines for Radiation Therapists, Radiographers, Nuclear Radiation Technologists, and Radiologist Assistants.



Ground Maximum Sanction Minimum Sanction Maximum Fine Minimum Fine


(15) Knowingly practices radiation therapy,

radiography, nuclear medicine technology, or

radiology assistance with an unauthorized individual

or aids an unauthorized individual in the practice of

radiation therapy, radiography, nuclear medicine

technology, or radiology assistance

[[[Suspension for 1

year]]]

Revocation

Reprimand $5,000 $1,000




_______________________________


10.32.11 Licensing of Respiratory Care

Practitioners

Authority: Occupations Article, §§1-606, 14-5A-03, 14-5A-13, 14-5A-14, 14-

5A-17, 14-5A-18, and 14-5A-20—14-5A-23, Annotated Code of Maryland


[12-186-R]



10.32.11 Licensing of Respiratory Care Practitioners. Because

substantive changes have been made to the original proposal

published in 39:15 Md. R. 994—998 (July 27, 2012), this action is

being reproposed at this time. This action was considered at a public

meeting held on December 19, 2012, notice of which was given by

publication in 39:24 Md. R. 592 (November 30, 2012) pursuant to

State Government Article, §10-506(c)(1), Annotated Code of

Maryland.



will be used by the Board of Physicians in sanctioning licensed

respiratory care practitioners. The purpose of the reproposal is to

change these regulations to mirror amendments made to COMAR

10.32.02 so that regulations pertaining to sanctioning guidelines for

physicians and respiratory care practitioners are consistent for both

professions.


804








businesses.







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



scheduled.

Ed. Note: Pursuant to State Government Article, §10-113, Annotated

Code of Maryland, if a promulgating agency substantively alters the

text of regulations that have been previously proposed in the

Maryland Register, the altered text must be published in the











A.—E. (text unchanged)

F. General Application of Sanctioning Guidelines.


(2) Except as provided in §B of this regulation, for violations of

the sections of the [[[Medical Practice]]] Maryland Respiratory Care Practitioners Act listed in the sanctioning guidelines, the





(8) Depending on the facts and circumstances of each case, and to the extent that the facts and circumstances apply, the Board may consider the aggravating and mitigating factors set out in §G(4) and (5) of this regulation and may in its discretion determine, based on those factors, that an exception should be made and that the sanction in a particular case should fall outside the range of sanctions listed in the sanctioning guidelines.


G. Aggravating and Mitigating Factors.



H.—J. (originally proposed text unchanged)

_______________________________

.16 Sanctioning Guidelines for Respiratory Care Practitioners.



Ground Maximum

Sanction

Minimum

Sanction

Maximum

Fine

Minimum

Fine


(13) Pays or agrees to pay any sum or provide any

form of remuneration or material benefit to any

person 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

[[[Suspension for 1

year]]] Revocation

Reprimand $5,000 $500


(15) Knowingly practices respiratory care with an


individual in the practice of respiratory care

[[[Suspension for 1

year]]] Revocation

Reprimand $5,000 $1,000





805


Title 13A

STATE BOARD OF

EDUCATION

Subtitle 07 SCHOOL PERSONNEL

13A.07.06 Programs for Professionally Certified

Personnel

Authority: Education Article, §§2-205 and 6-704, Annotated Code of

Maryland


[13-124-P]

The Professional Standards and Teacher Education Board

proposes to amend Regulation .01 under COMAR 13A.07.06

Programs for Professionally Certified Personnel. This action was

considered at the February 7, 2013, meeting of the Professional

Standards and Teacher Education Board.


The purpose of this action is to correct the statutory authority and

make a change to more generic language to allow for ongoing

modification in State and federal requirements.







businesses.




Comments may be sent to Jean Satterfield, Assistant State

Superintendent, Division of Certification & Accreditation, Maryland

State Department of Education, 200 West Baltimore Street,

Baltimore, Maryland 21201, or call 410-767-0385 (TTY 410-333-

6442), or email to [email protected], or fax to 410-333-

8963. Comments will be accepted through June 3, 2013. A public

hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Professional

Standards and Teacher Education Board during a public meeting to

be held on July 11, 2013 at 9:30 a.m., at 200 West Baltimore Street,

Baltimore, Maryland 21201.

.01 Program Approval.

A. The process for the approval of programs that prepare

professionally certified personnel shall include the use of [State]

Department-approved standards. The [Maryland State] Department

[of Education (MSDE)] shall approve standards that are performance

based, reflect contemporary thinking, and are supported by research,

best practice, and expert opinion. [These may include the standards of

the National Council for the Accreditation of Teacher Education

(NCATE), the National Board for Professional Teaching Standards

(NBPTS), the Interstate New Teacher Assessment and Support

Consortium (INTASC), or standards developed and validated by

other national organizations or by the MSDE.] All Maryland-

approved programs for teacher certification [and reading

certification] shall also include reading courses [for certification] in

early childhood, elementary, secondary, [N] PreK—12, and generic

special education (all levels) under COMAR [13A.12.01.

08A(5)(a)—(c)] 13A.12.01. 11A(5)(a)—(c).

B.—C. (text unchanged)

LILLIAN M. LOWERY, Ed.D.

State Superintendent of Schools

Title 15

DEPARTMENT OF

AGRICULTURE

Subtitle 05 PESTICIDE USE CONTROL

15.05.01 Use and Sale of Pesticides, Certification

of Pesticide Applicators and Pest Control

Consultants, and Licensing of Pesticide

Businesses

Authority: Agriculture Article, §§2-103, 5-204, 5-207, and 5-210.2, Annotated

Code of Maryland


[13-017-R]

The Secretary of Agriculture proposes to amend Regulations .01

and .14 under COMAR 15.05.01 Use and Sale of Pesticides,

Certification of Pesticide Applicators and Pest control

Consultants, and Licensing of Pesticide Businesses. Because

substantive changes have been made to the original proposal as

published in 40:2 Md. R. 153—155 (January 25, 2013), this action is

being reproposed at this time.


The purpose of this action is to require each person who uses

canine scent detection teams to offer or provide canine scent

detection inspections for pests to be trained according to the

requirements of this chapter. Both the dog and dog‘s handler must be

certified as satisfactorily trained for pest detection by an individual or

organization recognized by the Department. A team shall be

recertified each year as satisfactorily trained in pest detection work.

Each person who operates a pest control business that utilizes canine

scent detection teams shall maintain records of the training of each

team and its certification.




I. Summary of Economic Impact. These regulations will have

minimal economic impact on individuals or firms that wish to

provide canine scent detections services for pests in the State of

Maryland. Individuals or firms wishing to provide these services are

required to obtain a either a Pesticide Business License or Pest

Control Consultant License and must employ at least one individual

who holds a pesticide applicator or pest control consultant certificate

in those pest control categories for which the licensee wishes to

provide canine scent detection services.


806


Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: (R+) $5,625 annually

B. On other State agencies: NONE


Benefit (+)

Cost (-) Magnitude

D. On regulated industries

or trade groups: (-) $5,625 annually


trade groups: NONE


effects on public: (+) Unknown


Section II.)

A. and D. $5,625 is based on an estimate of 25 new businesses

applying for Pesticide Business Licenses to provide canine scent pest

detection services in the State of Maryland. Twenty-five businesses at

$150 license fee each = $3,750. To obtain a Pest Control Business

license the firm must also employ a Certified Pesticide Applicator.

Twenty-five Certified Pesticide Applicators at $75.00 fee each =

$1,875. $3,750 + $1,875 = $5,625 annually.

F. Required training will help insure that only qualified

individuals provide canine scent detection services for pests.



businesses.




Comments may be sent to Dennis Howard, Program Manager,

Pesticide Regulation Section, Department of Agriculture, 50 Harry S.

Truman Parkway, Annapolis, MD 21401, or call 410-841-5710, or

email to [email protected], or fax to 410-841-2765.

Comments will be accepted through June 3, 2013. A public hearing

has not been scheduled.














.01 (originally proposed text unchanged)

.14 Standards for Inspection for Pests.

A. — B. (originally proposed text unchanged)

C. Canine Pest Detection Teams.


(2) Each team shall be certified as satisfactorily trained, for

pest detection by an individual or organization recognized by the

Department, for each target pest for which it intends to offer pest detection services.

(3) — (9) (originally proposed text unchanged)

(10) Each test area [[[or space]]] described in §C of this

regulation shall contain at least [[[one distractor or hide]]] 2 distractors and 3 hides as follows:

(a) — (e) (originally proposed text unchanged)

(11) — (13) (originally proposed text unchanged)

(14) At least two individuals shall conduct each test for the

satisfactory detection of the team for a pest[[[, one person to place

the hides and a different person to make notes when the handler calls

an alert. The persons taking the notes on the alerts will not know

where the hides are located and therefore cannot communicate it to

the scent detection team]]].

(15) Each individual conducting the test shall have a minimum

of 5 years of documented experience, recognized by the Department, in dog scent handling, training and evaluation in at

least one of the following areas:

D. — E. (originally proposed text unchanged)

EARL F. HANCE


Subtitle 15 MARYLAND

AGRICULTURAL LAND

PRESERVATION FOUNDATION

15.15.06 [Transfer of] Lot Released from

Easement for Landowner or Child

Authority: Agriculture Article, §§2-504 and 2-513, Annotated Code of Maryland


[13-127-P]

The Secretary of Agriculture proposes to amend Regulations .01

— .04, repeal existing Regulations .05 and .06, and adopt new

Regulations .05—.07 under COMAR 15.15.06 Lot Released from

Easement for Landowner or Child.


The purpose of this action is to revise the criteria that apply to lot

releases under the Maryland Agricultural Land Preservation

Foundation‘s agricultural preservation program pursuant to statutory

changes brought about by Ch.35, Acts of 2012. The revisions reflect

the requirements that: (1) a child must be at least 18 years old at the

time of the preliminary release; (2) a building permit must be

received by the Foundation within 3 years of the recordation of a

preliminary release; (3) the Foundation may request evidence that the

persons for whom the lots were released occupy the dwellings for the

5-year period; and (4) the Foundation may require that a lot be

reconveyed to the owner of the land encumbered by the easement if

the lot is not used for the purpose for which it was released and

subject the lot to the terms of the easement.






807




businesses.




Comments may be sent to Carol West, Executive Director,

Maryland Department of Agriculture, Maryland Agricultural Land

Preservation Foundation, 50 Harry S. Truman Parkway, Annapolis,




scheduled.

.01 Scope.

A. This chapter applies to any lot released by the Foundation to [a]

an eligible landowner or landowner‘s child for the landowner‘s or

landowner‘s child‘s use and occupancy on a farm[,]. This chapter

describes release procedures and explains when the lot may be

[transferred] conveyed [to another person under the Maryland

Agricultural Land Preservation Program].

B. The lots permitted to be released from the deed of easement

under this chapter are:


(2) Intended only for the limited purpose of constructing a

dwelling for the eligible landowner who sold or transferred an

easement to the Foundation or for [the landowner‘s child] the child of

a landowner or landowners, thereby allowing [that landowner‘s]

immediate family members to live on the farm.

C. Except as provided by this chapter, these dwellings or lots may

not be transferred or conveyed to any other person.

D. This chapter does not apply to an unrestricted lot released by

the Foundation from the deed easement.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) ―Child‖ means the child of [the] an eligible landowner who

sold or transferred an agricultural land preservation easement to the

Foundation.

(2) ―Dwelling‖ means the dwelling house, including lot

acreage, allowed to be released under Agriculture Article, §2-513,

Annotated Code of Maryland, and under the terms of an agricultural

land preservation easement, for the use and occupancy of [a] an

eligible landowner or landowner‘s child on the farm.


(4) ―Landowner‖ means the landowner or landowners who sold

or transferred an agricultural land preservation easement to the

Foundation.

.03 Lot Eligibility.

Upon approval and release by the Foundation, only a landowner

who sold or transferred an easement to the Foundation [has the right]

or a landowner’s child is eligible to construct a dwelling on a lot on

the farm for the bona fide use and occupancy of the landowner or [a]

the child.

.04 Lot Approval and Release.

[A. The Foundation may not approve a landowner‘s request for the

release of a lot for the construction of a dwelling unless the

landowner complies with the requirements of COMAR 15.15.01.17C

that include the submission of a declaration to the Foundation that the

dwelling to be constructed or already constructed will be occupied by

the landowner, in the case of the landowner‘s lot, or by a child, in the

case of a child‘s lot.

B. After Foundation approval, the release of the lot shall consist of

two parts, a preliminary release and a final release, as specified in

Agriculture Article, §2-513, Annotated Code of Maryland.]

A. Before a lot may be released from an easement’s restrictions

for the construction of a dwelling house, the landowner shall submit

a signed application to the Foundation. The application shall

include:

(1) A declaration that the lot and dwelling are for the use only

of the landowner or the landowner’s child, whichever is the case;

(2) If the application is for an owner’s lot and there is more

than one landowner, a statement acknowledging that the right to

request release of the eligible owner’s lot is being exercised;

(3) If the application is for a child’s lot, a copy of the birth

certificate of the landowner’s child to prove that the landowner’s

child is a minimum of 18 years old at the date of the issuance of the

preliminary release;

(4) A description of the land where the dwelling is to be

located, along with proposed access to the dwelling;

(5) A survey plat or tax map that shows the precise location of

the proposed lot; and

(6) Signed statements indicating approval of the lot from both

the local agricultural land preservation advisory board and the

county planning and zoning department.

B. Corporation or Similar Entity’s Request for Child’s Lot. The

Foundation may not approve an application from a corporation,

partnership, limited liability company, or other similar entity (―the

entity‖) for an owner’s or child’s lot unless:

(1) At the time of the sale of the deed of easement, the entity is

owned by family members who are actively engaged in the daily

agricultural operations on the land (―the original family members‖);

(2) At the time of the request for an owner’s lot or child’s lot, at

least one of the original family members has retained an

uninterrupted, continuous ownership interest in the entity or its

successor since the sale of the deed of easement; and

(3) The entity is otherwise eligible to have a lot released.

C. Owner’s Lot. If an easement property has more than one

landowner, only one lot may be released for the use and occupancy

of an owner, regardless of how the land is titled (that is, as tenants in

common, joint tenancy, tenancy by the entirety, or in an entity).

.05 Lot Release.

A. Two-Part Release.

(1) After Foundation approval, the release of the lot shall

consist of two parts, a preliminary release and a final release, as

specified in Agriculture Article, §2-513, Annotated Code of

Maryland.

(2) After receiving payment for the lot, the Foundation will

issue a preliminary release which conditionally releases the lot from

the terms of the easement.

(3) The Foundation will issue a final release when the

Foundation receives and certifies a nontransferable building permit

in the name of the landowner or child for the construction of a

dwelling house.

B. The preliminary release becomes void:

(1) Upon the death of the person for whom the release was

intended if the Foundation has not yet received a building permit; or

(2) If the Foundation does not receive a nontransferable

building permit in the name of the landowner or the child within 3

years of the date of recordation of the preliminary release, unless

extended by a majority vote of the Foundation Board of Trustees.

C. If the person for whom the release was intended occupies the

dwelling before a final release is issued, the Foundation may give

credit for the occupancy toward the 5-year period referred to in

Regulation .06 of this chapter.


808


.06 Lot Transfer Restrictions.

A. A landowner or child who has a lot released under the terms of

the easement shall occupy the dwelling constructed on the lot and

may not convey or lease the improved lot to any person until 5 years

after the effective date of the final release. The Foundation may

require evidence that the person for whom the lot was released

occupies the dwelling for the 5-year period.

B. Before the expiration of the 5-year period, the Foundation may

only approve a landowner’s or child’s request to convey a lot

improved with a dwelling upon the occurrence of the following

events:

(1) Notice to the Foundation of a transfer pursuant to:

(a) A bona fide foreclosure of a mortgage or deed of trust;

or

(b) A deed in lieu of foreclosure;

(2) The death of the landowner or the child for whom the lot

was released;

(3) A decree of divorce where the landowner or child is

ordered to sell or convey the lot as part of a bona fide property

settlement;

(4) A change of employment location of the landowner or child

for whom the lot was released if the Foundation determines that it

would be impractical for the landowner or child to commute to the

new work location; or

(5) Any other circumstance, as determined by the Foundation,

where it would be impossible for the landowner or child to continue

to occupy the dwelling.

C. For purposes of illustration by way of example and not

limitation, the Foundation may require the owner of the released lot

to convey the lot to the current owner of the land encumbered by the

easement from which it was released and subject the lot to the terms

of the easement, if:

(1) A dwelling constructed upon the lot is conveyed or leased to

a person other than the owner or child for whom the lot was released

before the expiration of the 5-year period;

(2) The lot is conveyed or leased to another person prior to the

construction of a dwelling for the personal residential use of the

landowner or child;

(3) A dwelling is not constructed upon the lot during the

lifetime of the landowner or child for whom the lot was released; or

(4) The landowner or child for whom the lot was released

relinquishes the right to construct a dwelling on the lot.

.07 Easement Violation.

A person who conveys, or receives, a lot in violation of this

chapter is in violation of Agriculture Article, Title 2, Subtitle 5,

Annotated Code of Maryland, the terms of the agricultural land

preservation easement applicable to the farm, and the terms of the

applicable release.

EARL F. HANCE


Title 17

DEPARTMENT OF BUDGET

AND MANAGEMENT

Subtitle 04 PERSONNEL SERVICES

AND BENEFITS

17.04.13 State Employees’ Health Benefits

Authority: State Personnel and Pensions Article, §§2-503 and 4-106 Annotated Code of Maryland


[13-121-P]

The Secretary of Budget and Management proposes to amend

Regulations .01, .03, .03-1, and .06 under COMAR 17.04.13 State

Employees’ Health Benefits.


The purpose of this action is to repeal obsolete language of the

State Employee and Retiree Health and Welfare Benefits Program

eligibility for domestic partners of State employees and retirees and

their children, to take effect on January 1, 2014, upon expiration of

emergency regulations. In addition, this proposal repeals the

regulation permitting participating not-for-profit organizations and

local governments to elect domestic partner coverage for their

employees. Under the Civil Marriage Protection Act same sex

couples may now legally marry in Maryland, thus obviating the need

to provide health coverage under the Program for same sex domestic

partners.







businesses.




Comments may be sent to Anne Timmons, Director, Employee

Benefits Division, Department of Budget and Management, 301 W.

Preston Street, 5th Floor, Baltimore, MD 21201, or call 410-767-

4710, or email to [email protected], or fax to 410-333-7122.



.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(3) (text unchanged)

[(3-1) ―Dependent child of a domestic partner‖ means an

individual who meets the following requirements:

(a) Is one of the following:

(i) A biological child of the domestic partner;

(ii) An adopted child of or a child placed with the

domestic partner for adoption by the domestic partner;

(iii) A step-child of the domestic partner;

(iv) A grandchild of the domestic partner who is

unmarried and permanently resides with the domestic partner and

employee or retired employee;


809


(v) A child under testamentary or court-appointed

guardianship, other than a temporary guardianship of less than 12

months duration, of the domestic partner who is unmarried and

permanently resides with the domestic partner and the employee or

retired employee; or

(vi) A child who is related to the domestic partner by

blood or marriage, is unmarried, and is solely supported by and

permanently resides with the domestic partner and the employee or

retired employee; and

(b) Is either:

(i) Under the age of 26, through the end of the month in

which the child turned 26; or

(ii) At the time of reaching the age of 26, incapable of

self-support because of a mental or physical incapacity that started

before the child reached age 26 and is chiefly dependent for support

on the domestic partner.]


[(4-1) ―Domestic partner‖ means an individual in a relationship

with an employee or retired employee who is the same sex as the

employee or retired employee, if both individuals:

(a) Are 18 years old or older;

(b) Are not related to each other by blood or marriage within

four degrees of consanguinity under civil law rule;

(c) Are not married, in a civil union, or in a domestic

partnership with another individual;

(d) Have been in a committed relationship of mutual

interdependence for at least 12 consecutive months in which each

individual contributes to some extent to the other individual‘s

maintenance and support with the intention of remaining in the

relationship indefinitely; and

(e) Share a common primary residence.]

(5)—(10) (text unchanged)

.03 Eligibility for Coverage and Subsidy.

A. Eligible Persons. The following persons are eligible for

Program coverage, with the exception of those persons listed in §B of

this regulation:


[(2) Employees whose status is temporary pending an

examination;]

[(3)] (2) — [(6)] (5) (text unchanged)

[(7)] (6) Designated beneficiaries of deceased persons listed in

§A(1)—[(6)] (5), [(8)] (7), and [(9)] (8) of this regulation in

accordance with State Personnel and Pensions Article, §§2-507, 2-

508, and 2-509, Annotated Code of Maryland, with the following

limitations:

(a) (text unchanged)

(b) Notwithstanding any other provision in this regulation, a

surviving spouse or surviving child must meet the requirements to be

a dependent eligible for coverage as provided in §A[(9)] (8) of this

regulation;

[(8)] (7) — [(9)] (8) (text unchanged)

[(10)] (9) Dependents of eligible persons listed in §A(1)—[(6)]

(5), [(8)] (7), [(9)] (8), [(11)] (10), and [(12)] (11) of this regulation

who are one of the following:

(a) A spouse of an employee or retired employee; or

(b) (text unchanged)

[(c) The domestic partner of the employee or retired

employee, as that term is defined in this chapter, for coverage only in

those benefits plans and options identified by the Secretary on an

annual basis, which may include only:

(i) Health benefits plans and options that are both State

self-funded and not subject to regulation;

(ii) Stand-alone dental or vision benefits plans which are

not subject to Insurance Article, §15-403.2, Annotated Code of

Maryland, and COMAR 31.10.35;

(iii) Life insurance; and

(iv) Personal, accidental death and dismemberment

insurance; or

(d) The dependent child of a domestic partner, as that term is

defined in this chapter, for coverage only in those benefits plans and

options identified by the Secretary on an annual basis, which may

include only:

(i) Health benefits plans and options that are both State

self-funded and not subject to regulation;

(ii) Stand-alone dental or vision benefits plans which are

not subject to Insurance Article, §15-403.2, Annotated Code of

Maryland, and COMAR 31.10.35;

(iii) Life insurance; and

(iv) Personal, accidental death and dismemberment

insurance;]

[(11)] (10) — [(12)] (11) (text unchanged)

B. (text unchanged)

C. Ineligible Dependents.


(2) When both [husband and wife] spouses are covered as an

employee or retired employee, neither is eligible to be enrolled both

as a dependent under the spouse‘s coverage and as an employee or

retiree for the same benefits plan. Dependent children of these

individuals may be enrolled under either parent‘s coverage, but not

both for the same benefits plan. An employee or retiree may provide

coverage for his or her spouse who is also an employee provided that

the spouse is not enrolled for coverage under the same benefits plan

as an employee or retiree.


D. Subsidy.

(1) Except as provided in Regulation .04B of this chapter for

contractual and part-time employees, the State subsidy as provided in

the State budget for active employees is available to those individuals

identified in §A(1)—[(6)] (5) of this regulation and their dependents

as described in §A[(10)] (9)of this regulation.

(2) The State subsidy available for individuals described in

§A[(7)] (6)of this regulation shall be determined as provided in


(3) The State subsidy available for individuals described in

§A[(8)] (7) and [(9)] (8)of this regulation and their dependents as

described in §A[(10)] (9)of this regulation shall be determined as

provided in Regulation .05 of this chapter, provided that the

dependents of those retired employees described in §A[(8)] (7) (b)

and [(9)] (8)(b) of this regulation are not entitled to any State subsidy

unless the retired employee has a total of 25 or more years of service

with the State in a permanent, non-contractual position in the

Executive, Judicial, or Legislative branch of State government.

Prorated credit for service is provided for less than full-time service

in such positions.

.03-1 Satellite Organizations and Local Governments —

Eligibility for Coverage and Subsidy.

A. (text unchanged)

B. Each entity identified in §A of this regulation must permit the

spouses and dependent children of its employees to be eligible for

coverage but may elect[:

(1) Whether the domestic partner of an entity‘s employee or the

dependent children of a domestic partner of an entity‘s employee are

eligible for coverage in the Program; and

(2) Whether] whether and to what extent to provide a subsidy

for the participation in the Program of its employees and their

dependents.


810


.06 Conversion or Continuation of Health Insurance Benefits.

[A.] Conversion or continuation of health insurance benefits for

eligible persons listed in Regulation .03A of this chapter shall be in

accordance with COMAR 31.11.01 and all applicable federal laws.

[B. When conversion or continuation of health insurance benefits

for a domestic partner of an employee or retired employee or

dependent child of a domestic partner of an employee or retired

employee, who loses coverage under circumstances where a spouse

or dependent child of an employee or retired employee would be

eligible for conversion or continuation coverage under §A of this

regulation, is not mandated by applicable federal or State law,

parallel continuation coverage shall be made available on similar

terms and conditions to such a domestic partner of an employee or

retired employee, or dependent child of a domestic partner of an

employee or retired employee.]

T. ELOISE FOSTER

Secretary of Budget and Management

Title 31

MARYLAND INSURANCE

ADMINISTRATION

Subtitle 08 PROPERTY AND

CASUALTY INSURANCE

31.08.05 Addition, Reduction, or Elimination in

Coverage Notice Requirement

Authority: Insurance Article, §§2-109, 4-113, and 27-216, and Title 11, Subtitle 2, Annotated Code of Maryland.


[12-273-R]

The Insurance Commissioner proposes to repeal existing Regulations

.02 and .03 and adopt new Regulation .02 under COMAR 31.08.05

Addition, Reduction, or Elimination in Coverage Notice

Requirement. Since substantive changes have been made to the

original proposal as published in 39:20 Md. R. 1345 — 1346

(October 5, 2012), the action is being reproposed.


The purpose of this action is to require an insurer to revise its

notice of addition, reduction, or elimination of coverage in order to

make the notice more informative and useful to consumers. The

purpose of the reproposal is to clarify that this action does not apply

to the recalculation of a premium by an insurer due to a material risk

factor during the 45-day underwriting period; that an insurer may

provide a notice of addition, reduction, or elimination of coverage

through delivery by electronic means; and that an insurer is required

to include the dollar amount of a change in coverage in a notice of

addition, reduction, or elimination of coverage.




I. Summary of Economic Impact. Property and casualty insurers

will incur minimal expenses to revise their notices of addition,

reduction, or elimination of coverage. Insurance consumers will

benefit by being able to make more informed choices about their

insurance.

Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude




Benefit (+)

Cost (-) Magnitude


or trade groups: (-) Minimal


trade groups: NONE


effects on public: (+) Unquantifiable


Section II.)

D. Property and casualty insurers will incur minimal expenses to

revise their notices of addition, reduction, or elimination of coverage.

F. Insurance consumers will benefit by being able to make more

informed choices about their insurance.



businesses.




Comments may be sent to Katrina Lawhorn, Regulations

Coordinator, Maryland Insurance Administration, 200 St. Paul Place,

Suite 2700, Baltimore, Maryland 21202, or call 410-468-2450, or

email to [email protected], or fax to 410-468-2020.
















.02 Notice Requirement.

A. This regulation does not apply to:

(1) (proposed text unchanged)

(2) A change in coverage to a commercial risk that uses the

services of a risk manager, broker, or insurance adviser; [[[or]]]

(3) A reduction in coverage for a policy of private passenger

motor vehicle liability insurance that is subject to Insurance Article,

§27-613, Annotated Code of Maryland[[[.]]]; or


811


(4) The recalculation of a premium by an insurer during the 45-day underwriting period in accordance with Insurance Article, §12-106(d)(2) and (3), Annotated Code of Maryland.

B. In this regulation, “delivery by electronic means” includes:

(1) Delivery to an electronic mail address at which a party has consented to receive notice; and

(2) Posting on an electronic network, together with separate notice to a party directed to the electronic mail address at which the party has consented to receive notice of the posting.

[[[B.]]] C. An insurer shall provide notice to an insured in

accordance with [[[§§C and D]]] §§D and E of this regulation if the

insurer proposes to:

(1) — (2) (proposed text unchanged)

[[[C.]]] D. An insurer that is required to provide notice under

[[[§B]]] §C of this regulation shall include in the notice a clear and

specific description of each change in coverage that identifies:

(1) (proposed text unchanged)

(2) The dollar amount of the change in coverage.

[[[D.]]] E. [[[The]]] At least 45 days before the change in coverage is scheduled to take effect, the insurer shall send

the notice to the insured by [[[first class mail at least at least 45 days

before the change in coverage is scheduled to take effect.]]]: (1) First class mail; or (2) Delivery by electronic means in accordance with

Insurance Article, §27-601.2, Annotated Code of Maryland. [[[E.]]] F. If an insurer that proposes to eliminate or reduce

coverage under a primary property or casualty policy fails to provide

the notice that is required by [[[§B]]] §C of this regulation in

accordance with the requirements of [[[§§C and D]]] §§D and E of

this regulation, the insurer may not implement the proposed

elimination or reduction in coverage and may be subject to

administrative action.

THERESE M. GOLDSMITH

Insurance Commissioner

Title 36

MARYLAND STATE

LOTTERY AND GAMING

CONTROL AGENCY

Subtitle 05 TABLE GAMES

36.05.15 Pai Gow Tiles Rules

Authority: State Government Article, §§9-1A-02(b) and 9-1A-04(d), Annotated Code of Maryland


[13-126-P]

The Maryland State Lottery and Gaming Control Agency proposes

to adopt new Regulations .01 — .10 under a new chapter, COMAR

36.05.15 Pai Gow Tiles Rules. This action was considered at the

Maryland State Lottery and Gaming Control Commission open

meeting held on February 26, 2013, notice of which was given

pursuant to State Government Article, §10-506(c), Annotated Code

of Maryland.


The purpose of this action is to update Regulations of the State

Lottery and Gaming Control Agency to incorporate provisions for

expanded gambling contained in S.B. 1 of 2012, Second Special

Session, and passed by referendum on November 6, 2012,

specifically to include provisions necessary for the implementation of

table games operations.




I. Summary of Economic Impact. Although the actual amount of

revenue from table games will depend on the number, distribution,

and type of table games awarded, and assuming that there will be

about a 6-month implementation delay between approval of table

games and introduction of table games at VLT Facilities, DLS

estimates that the revenues from table games will be $36.7 million in

FY 2013; $136 million in FY 2014; $231.1 million in FY 2015;

$249.1 million in FY 2016; and $331.8 million in FY 2017. (Ref:

Fiscal & Policy Note (rev) for S.B. 1 of 2012, Second Special

Session)

Revenue (R+/R-)


Impact. Expenditure (E+/E-) Magnitude



C. On local governments: (R+) Large

Benefit (+)

Cost (-) Magnitude


or trade groups: (+) Large


trade groups: (+) Large

F. Direct and indirect effects

on public: (+) Large


Section II.)

C. — F. Although the actual amount of revenue from table games

will depend on the number, distribution, and type of table games

awarded, and assuming that there will be about a 6-month

implementation delay between approval of table games and

introduction of table games at VLT Facilities, DLS estimates that the

revenues from table games will be $36.7 million in FY 2013; $136

million in FY 2014; $231.1 million in FY 2015; $249.1 million in FY

2016; and $331.8 million in FY 2017. (Ref: Fiscal & Policy Note

(rev) for S.B. 1 of 2012, Second Special Session)




To the extent that the VLT facility purchases goods from local

businesses that are small businesses, these small businesses will

benefit. Expenditures from the Small, Minority, and Woman-owned

Business Investment Account will benefit small businesses. Other

small businesses will be harmed by the substantial substitution of

consumer spending away from other consumption to gambling. Small

businesses in the entertainment and retail food service near VLTs


812


could be particularly harmed. (Ref: Fiscal & Policy Note (rev) for

S.B. 1 of 2012, Second Special Session)




Comments may be sent to Robert W. Howells, Regulations

Coordinator, Maryland State Lottery and Gaming Control Agency,

1800 Washington Blvd., Suite 330, Baltimore, MD 21230, or call

410-230-8789, or email to [email protected], or fax to

410-230-8727. Comments will be accepted through May 31, 2013. A

public hearing has not been scheduled.

.01 Definitions.

A. In this chapter the following terms have the meaning indicated.

B. Terms Defined.

(1) ―Bank‖ means a player who elects to have the other players

and the dealer play against the player and accepts the responsibility

of paying all winning Pai Gow wagers.

(2) ―Co-banking‖ means the bank and the dealer each cover

50 percent of all winning Pai Gow wagers.

(3) ―Copy hand‖ means a high hand or low hand of a player

which is identical in pair rank or point value as the corresponding

high hand or low hand of the dealer or bank.

(4) ―Dead hand‖ means a separate area, located to the left of

the dealer, for the placement of four tiles.

(5) ―High hand‖ means a two-tile hand formed with two of the

four tiles dealt that ranks higher than the low hand formed from the

remaining two tiles.

(6) ―Low hand‖ means a two-tile hand formed with two of the

four tiles dealt that ranks lower than the high hand formed from the

remaining two tiles.

(7) ―Marker‖ means an object used to designate the bank and

the co-bank.

(8) ―Setting the hands‖ means the process of forming a high

hand and a low hand from the four tiles dealt.

(9) ―Supreme Pair‖ means one tile totaling Six that includes

Two and Four and on tile totaling Three that includes One and Two

that forms the highest ranking hand.

(10) ―Value‖ means the numerical point value assigned to a

pair of tiles.

.02 Pai Gow Tiles — Tables and Shakers.

A. Pai Gow shall be played at a table having betting positions for

six players on one side of the table and a place for the dealer on the

opposite side of the table.

B. The layout for a Pai Gow table shall be submitted to the

Commission for approval and contain at least:

(1) The name or logo of the facility operator;

(2) A separate betting area designated for the placement of the

Pai Gow wager for each player; and

(3) A separate area for placement of the Dead Hand.

C. A Pai Gow table shall have a drop box with a tip box attached

on the same side of the gaming table as, but on opposite sides of, the

dealer, as approved by the Commission.

D. Pai Gow shall be played with a Pai Gow shaker which shall be

approved by the Commission that:

(1) Shall be used to shake three dice before each hand of Pai

Gow is dealt to determine the starting position for the dealing of the

Pai Gow tiles;

(2) Shall be the dealer’s responsibility;

(3) May not be left unattended at the table;

(4) Shall be designed and constructed to maintain the integrity

of the game;

(5) Shall be capable of housing three dice that when not being

shaken must be maintained within the Pai Gow shaker;

(6) Shall be designed to prevent the dice from being seen while

being shaken; and

(7) Shall have the name or logo of the facility operator

imprinted or impressed on the shaker.

E. Dice that have been placed in a Pai Gow shaker for use in

gaming may not remain on a table for more than 24 hours.

F. If a facility operator elects to use a computerized random

number generator as permitted under Regulation .06 of this chapter,

the random number generator shall be approved by the Commission

prior to its use.

.03 Ranking and Value of a Hand.

A. A tile used in the game of Pai Gow shall:

(1) Meet the requirements in COMAR 36.05.02.18; and

(2) Be changed at least every 12 hours.

B. When comparing high hands or low hands to determine the

higher ranking hand, the determination is first based on the rank of

any permissible pair of tiles which are in a player’s hands.

(1) A hand with a permissible pair of tiles shall rank higher

than a hand which does not contain a permissible pair.

(2) The permissible pairs of tiles and their rank, with the

Supreme Pair being the highest or first ranking pair, are:

(a) A Supreme Pair ranking First consist of one tile totaling

Six that includes Two and Four and one tile totaling Three that

includes One and Two;

(b) Matched pairs:

(i) Ranking Second consist of one tile totaling Twelve that

includes Double Six and one tile totaling Twelve that includes Double

Six;

(ii) Ranking Third consist of one tile totaling Two that

includes Double One and one tile totaling Two that includes Double

One;

(iii) Ranking Fourth consist of one tile totaling Eight that

includes Double Four and one tile totaling Eight that includes

Double Four;

(iv) Ranking Fifth consist of one tile totaling Four that

includes One and Three and one tile totaling Four that includes One

and Three;

(v) Ranking Sixth consist of one tile totaling Ten that

includes Double Five and one tile totaling Ten that includes Double

Five;

(vi) Ranking Seventh consist of one tile totaling Six that

includes Double Three and one tile totaling Six that includes Double

Three;

(vii) Ranking Eighth consist of one tile totaling Four that

includes Double Two and one tile totaling Four that includes Double

Two;

(viii) Ranking Ninth consist of one tile totaling Eleven

that includes Five and Six and one tile totaling Eleven that includes

Five and Six;

(ix) Ranking Tenth consist of one tile totaling Ten that

includes Four and Six and one tile totaling Ten that includes Four

and Six;

(x) Ranking Eleventh consist of one tile totaling Seven

that includes One and Six and one tile totaling Seven that includes

One and Six; and

(xi) Ranking Twelfth consist of one tile totaling Six that

includes One and Five and one tile totaling Six that includes One and

Five;

(c) Mixed or unmatched pairs:

(i) Ranking Thirteenth consist of Mixed Nines that

includes one tile that of Three and Six and one tile of Four and Five;

(ii) Ranking Fourteenth consist of Mixed Eights that

includes one tile of Three and Five and one tile of Two and Six;


813


(iii) Ranking Fifteenth consist of Mixed Sevens that

includes one tile that of Three and Four and one tile that of Two and

Five; and

(iv) Ranking Sixteenth consist of Mixed Fives that

includes one tile that of One and Four and one tile that of Two and

Three;

(d) Wongs:

(i) Ranking Seventeenth consist of one tile totaling

Twelve that includes Double Six, one tile totaling Nine that includes

Four and Five, one tile totaling Twelve that includes Double Six, and

one tile totaling Nine that include Three and Six;

(ii) Ranking Eighteenth consist of one tile totaling Two

that includes Double One, one tile totaling Nine that includes Four

and Five, one tile totaling Two that includes Double One, and one

tile totaling Nine that includes Three and Six; and

(e) Gongs:

(i) Ranking Nineteenth consist of one tile totaling Twelve

that includes Double Six, one tile totaling Eight that includes Two

and Six, one tile totaling Twelve that includes Double Six, one tile

totaling Eight that includes Three and Five, one tile totaling Twelve

that includes Double Six, and one tile totaling Eight that includes

Double Four; and

(ii) Ranking Twentieth consist of one tile totaling Two

that includes Double One, one tile totaling Eight that includes Two

and Six, one tile totaling Two that includes Double One, one tile

totaling Eight that includes Three and Five, one tile totaling Two that

includes Double One, and one tile totaling Eight that includes

Double Four.

C. When comparing two high hands or two low hands that are of

identical permissible pair rank, the hand is considered a copy hand

and the dealer or, if applicable, the bank, wins the hand.

D. Except as provided in §H of this regulation, when comparing

the rank of high hands or low hands which do not contain any of the

pairs listed in §B of this regulation, the higher ranking hand is

determined on the basis of the value of the hands.

(1) The value of a hand shall be a single digit number from

zero to nine that is determined by adding the total number of spots

which are contained on the two tiles which form the hand.

(2) If the total of the spots is a two-digit number, the left digit of

the number shall be discarded and the right digit shall constitute the

value of the hand.

E. If the tiles which form the Supreme Pair are used separately:

(1) The numeric total of the 1-2 tile may be counted as a 3 or a

6; and

(2) The numeric total of the 2-4 tile may be counted as a 3 or a

6.

F. When the 1-2 tile is counted as 6, its individual ranking under

§I of this regulation is fifteenth instead of seventeenth.

G. When the 2-4 tile is counted as 3, its individual ranking is

seventeenth instead of fifteenth.

H. When comparing high hands or low hands which are of

identical value:

(1) The hand with the highest ranking individual tile is the

higher ranking hand; and

(2) Notwithstanding §H(1) of this regulation, if the numeric

value of the tiles results in a zero-zero tie, regardless of the highest

ranking tile, both hands are equally bad and the dealer or, if

applicable, the bank, is the higher ranking hand.

I. From highest to lowest, the individual ranking for each tile is:

(1) The First ranking tile is a Twelve that includes a Double Six

and includes 2 tiles in the set;

(2) The Second ranking tile is a Two that includes a Double

One and includes 2 tiles in the set;

(3) The Third ranking tile is an Eight that includes a Double

Four and includes 2 tiles in the set;

(4) The Fourth ranking tile is a Four that includes a One and

Three and includes 2 tiles in the set;

(5) The Fifth ranking tile is a Ten that includes Double Five


(6) The Sixth ranking tile is a Six that includes Double Three


(7) The Seventh ranking tile is a Four that includes Double

Two and includes 2 tiles in the set;

(8) The Eighth ranking tile is an Eleven and includes Five and

Six and includes 2 tiles in the set;

(9) The Ninth ranking tile is a Ten and includes Four and Six


(10) The Tenth ranking tile is a Seven and includes One and Six


(11) The Eleventh ranking tile is a Six and includes One and

Five and includes 2 tiles in the set;

(12) The Twelfth ranking tile is a Nine and includes Three and

Six and includes 1 tiles in the set;

(13) The Twelfth ranking tile is a Nine and includes Four and

Five and includes 1 tiles in the set;

(14) The Thirteenth ranking tile is an Eight and includes Two

and Six and includes 1 tiles in the set;

(15) The Thirteenth ranking tile is an Eight and includes Three

and Five and includes 1 tiles in the set;

(16) The Fourteenth ranking tile is a Seven and includes Two

and Five and includes 1 tiles in the set;

(17) The Fourteenth ranking tile is a Seven and includes Three

and Four and includes 1 tiles in the set;

(18) The Fifteenth ranking tile is a Six and includes Two and


(19) The Sixteenth ranking tile is a Five and includes One and


(20) The Sixteenth ranking tile is a Five and includes Two and

Three and includes 1 tiles in the set; and

(21) The Seventeenth ranking tile is a Three that includes One

and Two and includes 1 tiles in the set.

J. If the highest ranking tile in each hand being compared is of

identical rank after the application of §I of this regulation, the hand

is considered a copy hand, and the hand of the dealer or, if

applicable, the bank, is considered the higher ranking hand.

.04 Opening a Table for Gaming; Mixing Procedure.

A. After receiving a set of tiles at the table, the dealer shall sort

and inspect the tiles and the floorperson assigned to the table shall

verify the inspection.

B. Nothing in this section precludes a facility operator from

cleaning the tiles prior to the inspection required in §C of this

regulation.

C. A dealer shall inspect the tiles at the gaming table by:

(1) Sorting a set of tiles into pairs to ensure that the Supreme

Pair and all 15 matched and unmatched pairs, as identified in

Regulation .03 of this chapter, are in the set;

(2) Placing each tile side by side to determine that all tiles are

the same size and shading; and

(3) Examining the back and sides of each tile to ensure that it is

not flawed, scratched or marked, and if the dealer finds that a tile is

unsuitable for use:

(a) A floorperson or above shall bring another set of tiles to

the table from the reserve in the pit stand; and

(b) The unsuitable set of tiles shall be placed in a sealed

envelope or container, identified by table number, date and time and

signed by the dealer and floorperson or above.

D. Following the inspection and verification of the tiles described

in §C of this regulation, the dealer shall:

(1) Turn the tiles face up;


814


(2) Place the tiles into 16 pairs;

(3) Starting with the Supreme Pair, arrange the tiles according

to rank; and

(4) Leave the tiles in pairs for visual inspection by the first

player to arrive at the table.

E. After the first player arriving at the table is afforded an

opportunity to visually inspect the tiles, the dealer shall turn the tiles

face down on the table, and:

(1) Mix the tiles:

(a) With the heels of the hands;

(b) In a circular motion with one hand moving clockwise

and the other hand moving counterclockwise; and

(c) So that each hand shall complete at least eight circular

motions to provide a random mixing; and

(2) Randomly pick up four tiles with each hand and place them

side by side in stacks in front of the table inventory container,

forming eight stacks of four tiles.

F. The entire set of tiles shall be remixed if, during the stacking

process described in §E(2) of this regulation, a tile is turned over and

exposed to the players.

G. After each round of play has been completed, the dealer shall

turn all of the tiles face down and mix the tiles in accordance with §D

of this regulation.

H. If there is no gaming activity at the Pai Gow table, the dealer

shall turn the tiles face up and place them into 16 pairs according to

rank starting with the Supreme Pair.

I. After a player arrives at the table, the dealer shall follow the

procedures in §E of this regulation.

.05 Wagers.

A. A player shall make a wager at Pai Gow by placing a value

chip or plaque on the appropriate areas of the Pai Gow layout.

B. Verbal wagers accompanied by cash may not be accepted.

C. Only a player who is seated at the Pai Gow table may place a

wager.

(1) After a player has placed a wager and received tiles, the

player shall remain seated until the completion of the round of play.

(2) If a player leaves the table during a round of play, a wager

made by the player may be considered abandoned and treated as a

losing wager.

D. All wagers at Pai Gow shall be placed prior to the dealer

announcing ―no more bets‖ in accordance with the dealing

procedures in Regulation .06 of this chapter, after which a player

may not make, increase or withdraw a wager.

E. Except as provided in Regulation .09F of this chapter, if

specified in its Rules Submission a facility operator may permit a

player to wager on two adjacent betting areas at a Pai Gow table.

(1) If a facility operator permits a player to wager on adjacent

betting areas, the tiles dealt to each betting area shall be played

separately.

(2) If the two wagers are not equal, the player shall rank and

set the hand with the larger wager before ranking and setting the

other hand.

(3) If the amounts wagered are equal, each hand shall be

played separately in a counterclockwise rotation with the first hand

being ranked and set before the player proceeds to rank and set the

second hand.

(4) After a hand has been ranked, set and placed face down on

the layout, the hand may not be changed.

.06 Procedure for Dealing Tiles.

A. After the dealer has completed mixing and stacking the tiles, the

dealer shall:

(1) Announce ―no more bets‖ and use a computerized random

number generator that automatically selects and displays a number;

or

(2) Announce ―no more bets‖ and shake the Pai Gow shaker at

least three times to cause a random mixture of the dice, and:

(a) Remove the lid covering the Pai Gow shaker;

(b) Place the uncovered Pai Gow shaker on the designated

area of the table layout;

(c) After removing the lid covering the Pai Gow shaker,

total the dice; and

(d) Announce the total of the dice or the number displayed

by the computerized random number generator, which shall

determine which player receives the first stack of tiles.

B. To determine the starting position for dealing the tiles, the

dealer shall count, until the count matches the total of the three dice

or the number displayed by the computerized random number

generator:

(1) Each betting position in order, regardless of whether there

is a wager at the betting position; and

(2) The Dead Hand, beginning with the dealer as number one

and continuing around the table in a counterclockwise manner.

C. Regardless of whether there is a wager at a position, the dealer

shall deal the first stack of four tiles, starting from the right side of

the eight stacks, to the starting position as determined in §B of this

regulation, and:

(1) Moving counterclockwise around the table, deal a stack of

tiles to all other positions including the Dead Hand and the dealer;

and

(2) Place a marker on top of his stack of tiles immediately after

they are dealt.

D. Without exposing the tiles, after dealing all the stacks of tiles,

the dealer shall:

(1) Collect any stacks dealt to a position where there is no

wager; and

(2) Place the stacks with the Dead Hand on the layout to the

left of the dealer in front of the table inventory container.

E. If a Pai Gow shaker is utilized, after dealing all tiles and

collecting all tiles dealt to positions with no wagers, the dealer shall:

(1) Place the cover on the Pai Gow shaker;

(2) Shake the shaker once; and

(3) Place the Pai Gow shaker shall to the right of the dealer.

.07 Alternative Dealing Procedure.

A. If specified in the facility operator’s Rules Submission, the

dealer or the player acting as the bank or co-bank may, as an

alternative to the procedure in Regulation .06 of this chapter, choose

any of the dealing procedures set forth in this regulation.

B. Dealing Procedures.

(1) House Way From the Left, in which the dealer shall:

(a) Indicate the use of House Way From the Left by pushing

forward the first stack of tiles on the dealer’s left;

(b) Deliver the stack pushed forward to the starting

position; and

(c) Deliver the remaining stacks of tiles from the dealer’s

left to right.

(2) Cup Say From the Right, in which the dealer shall:

(a) Indicate the use of Cup Say From the Right by pushing

forward the first two stacks of tiles on the dealer’s right;

(b) Deliver the top two tiles from each of the two stacks

pushed forward to the starting position;

(c) Deliver to the next position the four remaining tiles

pushed forward; and

(d) Deliver from the dealer’s right to left in the same

manner as the first two stacks the remaining stacks of tiles.

(3) Cup Say From the Left, in which the dealer shall:

(a) Indicate the use of Cup Say From the Left by pushing

forward the first two stacks of tiles on the dealer’s left;




815


(c) Deliver the four remaining tiles pushed forward to the

next position; and

(d) Deliver from the dealer’s left to right in the same

manner as the first two stacks the remaining stacks of tiles.

(4) Jung Quat, in which the dealer shall:

(a) Indicate the use of Jung Quat by pushing forward the

fourth stack of tiles from the dealer’s right and the fourth stack of

tiles from the dealer’s left, which are the two center stacks of the

eight;



(c) Deliver the four remaining tiles pushed forward to the

next position;

(d) Push the remaining stacks together;

(e) Push the two new center stacks shall be pushed forward

and deliver them in the same manner as the first two stacks; and

(f) Repeat this procedure until all eight stacks of tiles have

been delivered.

(5) Chee Yee, in which the dealer shall:

(a) Indicate the use of Chee Yee by pushing forward the first

stack of tiles on the dealer’s right and the first stack of tiles on the

dealer’s left;

(b) Deliver the tiles by centering the two stacks pushed

forward in front of the remaining stacks;

(c) Deliver the top two tiles from each of the two centered

stacks to the starting position;

(d) Deliver to the next position the four remaining tiles from

the two centered stacks;

(e) Center and deliver the first stack remaining on the

dealer’s right and the first stack remaining on the dealer’s left in the

same manner; and

(f) Repeat this procedure until all eight stacks of tiles have

been delivered.

(6) Pin Say From the Right, in which the dealer shall:

(a) Indicate the use of Pin Say From the Right by removing

the top tile of the first stack of tiles on the dealer’s right and placing

it diagonally across the top of the second, third and fourth stacks of

tiles from the dealer’s right;

(b) Deliver the top tile from each of the first four stacks on

the dealer’s right to the starting position, which is the diagonal tile

plus the three tiles it covers;

(c) Deliver to the next position the top tile from each of the

first four stacks on the dealer’s left;

(d) Deliver to the third position the top tile remaining on

each of the first four stacks on the dealer’s right

(e) Deliver to the fourth position the top tile remaining on

each of the first four stacks on the dealer’s left; and

(f) Repeat this procedure until four tiles have been delivered

to all eight positions.

(7) Pin Say From the Left, in which the dealer shall:

(a) Indicate the use of Pin Say From the Left by removing

the top tile of the first stack of tiles on the dealer’s left and placing it

diagonally across the top of the second, third and fourth stacks of

tiles from the dealer’s left;

(b) Deliver the top tile from each of the first four stacks on

the dealer’s left to the starting position, which is the diagonal tile

plus the three tiles it covers;


first four stacks on the dealer’s right;

(d) Deliver to the third position the top tile remaining on

each of the first four stacks on the dealer’s left;

(e) Deliver to the fourth position the top tile remaining on

each of the first four stacks on the dealer’s right; and



(8) Dragon Head and Phoenix Tail From the Right, in which

the dealer shall:

(a) Indicate the use of Dragon Head and Phoenix Tail From

the Right by placing all four tiles in the first and second stacks from

the dealer’s right directly on top of the four tiles in the third and

fourth stacks from the dealer’s right and then pushing forward the

top two tiles in each of the eight-tile stacks that are created, forming

the dragon head;

(b) Deliver the four tiles pushed forward to the starting

position;


four stacks of four tiles to the dealer’s left, which is the phoenix tail;

(d) Deliver to the third position the top two tiles from each

of the two stacks on the dealer’s right;

(e) Deliver to the fourth position the top tile from each of the

four stacks on the dealer’s left; and

(f) Repeat this procedure shall be repeated until four tiles

have been delivered to all eight positions.

(9) Dragon Head and Phoenix Tail From the Left, in which the

dealer shall:

(a) Indicate the use of Dragon Head and Phoenix Tail From

the Left by placing all four tiles in the first and second stacks from

the dealer’s left directly on top of the four tiles in the third and fourth

stacks from the dealer’s left and then pushing forward the top two

tiles in each of the eight-tile stacks that are created, forming the

dragon head;

(b) Deliver the four tiles pushed forward to the starting

position;


four stacks of four tiles to the dealer’s right, which is the phoenix

tail;

(d) Deliver to the third position the top two tiles from each

of the two stacks on the dealer’s left;

(e) Deliver to the fourth position the top tile from each of the

four stacks on the dealer’s right; and



.08 Procedure for Completing a Round of Play; Wagers; Payout

Odds.

A. After the dealer has completed dealing the tiles, a player shall:

(1) Set the player’s hands by arranging the tiles into a high

hand and low hand; and

(2) After setting the hands, place the tiles face down on the

layout immediately behind that player’s betting area so that the tiles

are separated into two distinct hands.

B. A player at the table is responsible for setting the player’s own

hands.

(1) No individual except the dealer may touch the tiles of a

player.

(2) If a player requests assistance in the setting of the player’s

hands, the dealer shall inform the requesting player of the manner in

which the facility operator requires the hands of the dealer to be set.

(3) A player shall keep the four tiles in full view of the dealer at

all times.

(4) After a player has set a high hand and low hand and placed

the two hands face down on the layout, the player may not touch the

tiles again.

C. After all players have set their hands and placed the tiles on the

table:

(1) The dealer shall turn over the dealer’s four tiles;

(2) The dealer shall set the dealer’s hands by arranging the

tiles into a high and low hand;


816


(3) The dealer shall place the dealer’s:

(a) High hand on the layout face up in a vertical position;

and

(b) Low hand on the layout face up perpendicular to the

high hand.

D. The dealer shall set the dealer’s hands as follows:

(1) If the dealer has the Supreme Pair, the dealer shall play it

as the Supreme Pair;

(2) If possible, the dealer shall always play a pair, Wong or

Gong as set forth in Regulation .03 of this chapter;

(3) If the dealer does not have any of the combinations in §D(1)

or (2) of this section, the dealer shall play any two tiles together

which have a value equal to nine, eight or seven; and

(4) If the dealer does not have any of the combinations in

§D(1), (2), or (3) of this section, the dealer shall play the highest

ranking tile with the lowest ranking tile.

E. A player may surrender the player’s wager after the hands of

the dealer have been set.

(1) A player shall announce the player’s intention to surrender

before the dealer exposes either of the hands of the player described

in §G of this regulation.

(2) After a player has announced the player’s intention to

surrender, the dealer shall immediately:

(a) Collect the wager from the player;

(b) Collect the four tiles dealt to the player; and

(c) Stack the player’s four tiles face down on the right side

of the table in front of the table inventory container without exposing

the tiles to any other player at the table.

F. After the dealer has set a high and low hand and collected the

wagers and tiles that are surrendered under §E of this regulation, the

dealer shall:

(1) Beginning with the player farthest to the right of the dealer

and continuing around the table in a counterclockwise direction,

reveal both hands of each player;

(2) Compare the high hand of the player to the high hand of the

dealer and the low hand of the player to the low hand of the dealer;

and

(3) Announce if the wager of that player wins, loses or is a tie.

G. A wager loses, and shall be immediately collected by the

dealer, if:

(1) The high hand of the player is identical in rank or lower in

rank than the high hand of the dealer; and

(2) The low hand of the player is identical in rank or lower in

rank than the low hand of the dealer, or has a value of zero.

H. A wager ties, and shall be returned to the player, if:

(1) The high hand of the player is higher in rank than the high

hand of the dealer, but the low hand of the player:

(a) Is identical in rank to the low hand of the dealer;

(b) Is lower in rank than the low hand of the dealer; or

(c) Has a value of zero; or

(2) The high hand of the player is identical in rank to the high

hand of the dealer or lower in rank than the high hand of the dealer,

but the low hand of the player is higher in rank than the low hand of

the dealer.

I. A wager wins if:

(1) The high hand of the player is higher in rank than the high

hand of the dealer; and

(2) The low hand of the player is higher in rank than the low

hand of the dealer.

J. After settling a player’s wager, the dealer shall immediately

collect the player’s tiles and place the tiles face up to the right of the

dealer in front of the table inventory container.

K. A facility operator shall pay each winning Pai Gow wager at

odds of 1 to 1, except that the facility operator shall extract a

vigorish from the winning players in an amount equal to 5 percent of

the amount won.

(1) When collecting the vigorish, the facility operator may

round off the vigorish to 25 cents or the next highest multiple of 25

cents.

(2) A facility operator shall collect the vigorish from a player

at the time the winning payout is made.

L. The dealer shall collect tiles in order and in a way that they can

be readily arranged to reconstruct each hand in the event of a

question or dispute.

.09 Player Bank; Co-Banking; Selection of Bank; Procedure for

Dealing.

A. If specified in its Rules Submission, a facility operator may

offer to all players at a Pai Gow table the opportunity to bank the

game.

(1) If the facility operator elects this option, the provisions of

this regulation control for any round of play in which a player is the

bank; and

(2) All other provisions of this chapter apply to the extent that

they do not conflict with the provisions of this section.

B. For the purposes of this section:

(1) A player may not be the bank at the start of the game; and

(2) The start of the game means the first round of play after the

dealer is required to restack and mix the tiles in accordance with


C. After the first round of play, each player at the table shall have

the option to either be the bank or pass the bank to the next player.

(1) The dealer shall:

(a) Offer the bank to each player, starting with the player

farthest to the dealer’s right and continuing around the table in a

counterclockwise manner, until a player accepts the bank; and

(b) Place a marker designating the bank in front of the

player who accepts the bank;

(2) If the first player offered the bank accepts, the player seated

to the right of the bank shall be offered the bank first on the next

round of play;

(3) A player may not bank two consecutive rounds of play; and

(4) If no player accepts the bank, the round of play shall

proceed in accordance with the rules of play provided in this chapter.

D. Before a player may bank a round of play, the dealer shall

confirm that:

(1) The player placed a wager against the dealer during the

last round of play in which there was no player banking the game;

and

(2) The player has sufficient value chips or plaques on the table

to cover all of the wagers placed by other players at the table for that

round of play.

E. If specified in its Rules Submission, a facility operator may

offer the bank the option of co-banking the round of play.

(1) If the facility operator offers this option, it shall be made

available to all players at the table.

(2) If the bank wishes to use this option and co-bank 50 percent

of the winning Pai Gow wagers, the bank must specifically request to

co-bank with the dealer.

(3) The dealer shall place a marker designating the player co-

banking that round of play.

(4) When the dealer is co-banking, the dealer is responsible for

setting the hand of the bank in the manner as specified in the facility

operator’s Rules Submission.

(5) When co-banking is in effect, the dealer may not place a

wager against the bank.

F. If a player is the bank, the player may wager on only one

betting area.


817


G. After the tiles have been mixed and formed into stacks as

required under Regulation .04 of this chapter:

(1) The bank may cut the tiles once;

(2) If the bank does not cut the tiles, there may not be a cut;

and

(3) Upon direction from the bank, the dealer may move the

tiles:

(a) One or more adjacent stacks of four tiles to the right or

left end of the original eight stacks of tiles; or

(b) Two or more adjacent stacks of four tiles, of which at

least one stack is moved to one end and the other stacks are moved to

the opposite end of the original eight stacks of tiles.

H. The dealer shall:

(1) As required under §D of this regulation, determine that a

player may be the bank;

(2) Determine that the tiles have been mixed, stacked and, if

applicable, cut; and

(3) Unless co-banking is in effect, remove value chips from the

table inventory container in an amount equal to the banker’s last

wager made against the dealer or in an amount as specified in the

facility operator’s Rules Submission.

I. The dealer shall wager against the bank amount specified in

§H(3) of this regulation.

(1) The bank may direct that the sum wagered by the dealer be

a lesser amount or that the dealer place no wager during that round

of play.

(2) Any amount wagered by the dealer shall be placed in front

of the table inventory container.

(3) Immediately upon receipt of the four tiles dealt to the dealer

under §L of this regulation, the dealer shall place the dealer’s wager

on top of the four tiles instead of placing the marker required under

Regulation .06 of this chapter before dealing the remaining tiles.

(4) If co-banking is in effect, the dealer may not remove any

value chips from the table inventory container.

J. After the dealer has announced ―no more bets,‖ the bank may

issue a verbal instruction to the dealer to have the dealer deliver the

stacks using any one of the styles of delivery described in Regulation

.07 of this chapter.

(1) If the bank does not choose a style of delivery, the dealer

shall use the procedure described in Regulation .06 of this chapter to

deliver the stacks.

(2) The bank shall then shake the Pai Gow shaker at least three

times to cause a random mixture of the dice.

(3) After the bank has shaken the Pai Gow shaker, the dealer

shall remove the lid covering the Pai Gow shaker and place the

uncovered Pai Gow shaker on the designated area of the table layout.

(4) The dealer shall then total the dice and announce the total.

(5) If the bank inadvertently removes the lid while mixing the

dice, the bank shall cover and reshake the Pai Gow shaker.

K. To determine the starting position for dealing the tiles,

beginning with the bank as number one and continuing around the

table in a counterclockwise manner until the count matches the total

of the three dice, the dealer shall count each betting position, the

dealer and the Dead Hand in order, regardless of whether there is a

wager at the betting position.

L. The dealer shall:

(1) Deal the first stack of four tiles, in accordance with the

selected style of delivery, to the starting position as determined in §J

of this regulation;

(2) Moving counterclockwise around the table, deal all other

positions including the Dead Hand and the dealer a stack of tiles,

regardless of whether there is a wager at the position; and

(3) Immediately after the tiles are dealt, place the dealer’s

wager or marker on top of the dealer’s stack of tiles.

M. After all the stacks of tiles have been dealt, without exposing

the tiles the dealer shall:

(1) Collect any stacks dealt to a position where there is no

wager; and

(2) Place the stacks with the Dead Hand on the layout to the

left of the dealer in front of the table inventory container.

N. After all tiles have been dealt and any tiles dealt to positions

with no wagers have been collected, the dealer shall place the:

(1) Cover on the Pai Gow shaker and shake the shaker once;

and

(2) Pai Gow shaker to the right of the dealer.

O. If the tiles dealt to the dealer have not been previously

collected, the two hands of the dealer shall then be set after each

player has set his two hands and placed them on the table layout.

(1) After the dealer has formed a high and low hand and placed

the hands face up on the appropriate area of the table layout, the

dealer shall expose the hands of the bank and determine if the hands

of the dealer are higher in rank than the hands of the bank.

(2) If the dealer wins, the tiles of the dealer shall be stacked

face up to the right of the table inventory container with the amount

wagered by the dealer against the bank placed on top.

(3) If the dealer’s hand is a tie with the banker’s hand, the

dealer shall return the amount wagered by the dealer against the

bank to the table inventory container.

(4) If the dealer loses, the amount wagered by the dealer

against the bank shall be moved to the center of the layout.

P. If a player is banking the round of play, after the dealer has

determined the outcome of any wager of the dealer against the bank,

starting with the player farthest to the dealer’s right and continuing

around the table in a counterclockwise manner, the dealer shall:

(1) Expose the hands of each player;

(2) Compare the high and low hand of each player to the high

and low hand of the bank and announce if the wager wins, loses or

ties;

(3) Immediately collect losing wagers and place them in the

center of the table;

(4) Including the dealer’s wager, pay all winning wagers with

the value chips located in the center of the table;

(5) If the value chips in the center of the table are exhausted

before all winning wagers are paid, collect from the bank an amount

equal to the remaining winning wagers and place that amount in the

center of the layout;

(6) Pay the remaining winning wagers from the amount in the

center of the layout;

(7) If after collecting all losing wagers and paying all winning

wagers there is a surplus in the center of the table, charge this

amount a 5 percent vigorish in accordance with Regulation .08 of

this chapter; and

(8) After paying the vigorish, give the remaining amount to the

bank.

Q. Immediately after the dealer’s winning wager is paid, this

amount and the dealer’s original wager shall be returned to the table

inventory container.

R. In accordance with Regulation .08 of this chapter, a player who

has a winning wager against the bank shall pay a 5 percent vigorish

on the amount won.

S. If a player and the dealer are co-banking the round of play,

after the dealer has set the co-bank hand under §E of this regulation,

starting with the player farthest to the dealer’s right and continuing

around the table in a counterclockwise manner, the dealer shall:

(1) Expose the hands of each player;

(2) Compare the high and low hand of each player to the high

and low hand of the bank and announce if the wager wins, loses or

ties;


818


(3) Immediately collect losing wagers and place them in the


(4) Pay all winning wagers with the value chips located in the


(5) If the value chips in the center of the table are exhausted

before all winning wagers are paid, collect from the co-bank an

amount equal to 1/2 of the remaining winning wagers and place that

amount in the center of the layout;

(6) Remove an amount equal to 1/2 of the remaining winning

wagers from the table inventory container and place that amount in

the center of the layout;

(7) Pay the remaining winning wagers from the total amount in

the center of the layout;

(8) If, after collecting all losing wagers and paying all winning

wagers, there is a surplus in the center of the table, count this amount

and place 1/2 of it into the table inventory container;

(9) In accordance with Regulation .08 of this chapter, collect a

5 percent vigorish on the remaining amount; and

(10) After paying the vigorish, give the remaining amount to

the co-bank.

.10 Irregularities.

A. If the dealer uncovers the Pai Gow shaker and all three dice

have not landed flat on the bottom of the shaker, the dealer shall call

a ―no roll‖ and reshake the dice.

B. If the dealer uncovers the Pai Gow shaker and a die or dice fall

out of the shaker, the dealer shall call a ―no roll‖ and reshake the

dice.

C. If the dealer incorrectly totals the dice and deals the tiles to the

wrong positions, all hands are void, and the dealer shall return all

wagers to the players and reshuffle the tiles.

D. If the dealer exposes any of the tiles dealt to a player, the

player may void the hand.

(1) The player shall decide whether to play out or void the

hand without looking at the player’s unexposed tiles.

(2) If the player elects to void the player’s hand, the dealer

shall return any wager placed by the player to the player.

E. If a tile is exposed in the dealer’s hand, the bank’s hand, a

Dead Hand or any position where there is no wager, all hands are

void, and the dealer shall return all wagers to the players and

reshuffle the tiles.

F. If the dealer or a bank does not set its hands in the manner

specified in the facility operator’s Rules Submission, the hands shall

be reset in accordance with the facility operator’s Rules Submission

and the round of play shall be completed.

STEPHEN L. MARTINO

Director

Maryland State Lottery and Gaming Control Agency

819


Errata

COMAR 09.20.04.02 At 40:8 Md. R. 732 (April 19, 2013), column 1, line 29 from the

top:

For: (1) Offer of recertification training for technicians every

5

Read: (1) Offer of recertification training for technicians every

3

[13-09-53]

COMAR 10.21.07.02 At 39:20 Md. R. 1324 (October 5, 2012), column 2, line 8 from

the bottom:

For: [(7)] (7-1)—(10) (text unchanged)

Read: [(7)] (8)—[(10)] (11) (text unchanged)

At 39:20 Md. R. 1324 (October 5, 2012), column 2, line 5 from

the bottom:

For: [(12)] (11) ―Primary caretaker‖ means the:

Read: (12) ―Primary caretaker‖ means the:

[13-09-42]

COMAR 21.11.12 At 39:25 Md. R. 1632 (December 14, 2012), column 2, line 20

from the top:

For: https://www.state.md.us/prevwage and complete the

required project

Read: https://www.dllr.state.md.us/prevwage and complete the

required project

At 39:25 Md. R. 1633 (December 14, 2012), column 1, line 7

from the top:

For: http://www.dllr.state.md.us/prevwage on or before the

last day of the

Read: https://www.dllr.state.md.us/prevwage on or before the

last day of the

[13-09-37]

820


Special Documents

DEPARTMENT OF THE

ENVIRONMENT

SUSQUEHANNA RIVER BASIN

COMMISSION Actions Taken at March 21, 2013, Meeting

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

SUMMARY: As part of its regular business meeting held on March

21, 2013, in Harrisburg, Pennsylvania, the Commission took the

following actions: 1) approved, denied, or tabled the applications of

certain water resources projects; 2) rescinded approvals for three

projects and tabled a rescission for one project; 3) authorized the

Executive Director to modify or extend timelines established by

docket conditions, where warranted and with prudent administrative

discretion; and 4) took additional actions, as set forth in the

Supplementary Information below.

DATE: March 21, 2013

ADDRESSES: Susquehanna River Basin Commission, 1721 N.

Front Street, Harrisburg, PA 17102-2391.

FOR FURTHER INFORMATION CONTACT: Richard A. Cairo,

General Counsel, telephone: (717) 238-0423, ext. 306; fax: (717)

238-2436; e-mail: [email protected]. Regular mail inquiries may be

sent to the above address. See also Commission web site at

www.srbc.net.

SUPPLEMENTARY INFORMATION: In addition to the actions

taken on projects identified in the summary above and the listings

below, the following items were also presented or acted upon at the

business meeting: 1) presented the Commission‘s Maurice K.

Goddard Award for Excellence by a Water Management Professional

to Mr. Jim Brozena, recently retired Executive Director of the

Luzerne County Flood Protection Authority in Wilkes-Barre, Pa.;

2) heard a presentation from SRBC staff member Ben Pratt on the

development of flood inundation mapping for the City of Harrisburg

and surrounding communities; 3) revised the FY-2014 budget for the

period July 1, 2013, to June 20, 2014; 4) approved an investment

policy statement for the Commission‘s Retiree Benefit Trust

Account; 5) ratified a joint funding agreement relating to stream

gaging, and an amendment to the Commission‘s EPA Section 106

Clean Water Act grant; 6) authorized final execution of a Feasibility

Cost Sharing Agreement (FCSA) for Phase II of the Susquehanna

River Basin Ecological Flow Management Study; and 7) authorized

the Executive Director to execute a Stipulation of Settlement and

Withdrawal of Appeal regarding the withdrawal of an administrative

appeal by Anadarko E&P Company LP.

Rescission of Project Approvals

The Commission rescinded approvals for the following projects:

Project Sponsor and Facility: Clark Trucking, LLC Northeast

Division (Lycoming Creek), Lewis Township, Lycoming County,

Pa. (Docket No. 20111207).

Project Sponsor and Facility: Southwestern Energy Production

Company (Tuscarora Creek), Tuscarora Township, Bradford

County, Pa. (Docket No. 20110313).

Project Sponsor and Facility: EQT Production Company (Frano

Freshwater Impoundment), Washington Township, Jefferson

County, Pa. (Docket No. 20110913).

Rescission of Project Approval Tabled

The Commission tabled a rescission for the following project:

Project Sponsor: AES Westover, LLC. Project Facility: AES

Westover Generating Station, Town of Union and Village of

Johnson City, Broome County, N.Y. (Docket No. 20070902).

Project Applications Approved

The Commission approved the following project applications:

Project Sponsor and Facility: Anadarko E&P Company LP (West

Branch Susquehanna River), Nippenose Township, Lycoming

County, Pa. Renewal of surface water withdrawal of up to

0.720 mgd (peak day) (Docket No. 20090307).

Project Sponsor and Facility: Black Bear Waters, LLC (Lycoming

Creek), Lewis Township, Lycoming County, Pa. Modification to

increase surface water withdrawal by an additional 0.500 mgd

(peak day), for a total of 0.900 mgd (peak day) (Docket

No. 20120303).

Project Sponsor and Facility: Caernarvon Township Authority,

Caernarvon Township, Berks County, Pa. Renewal of

groundwater withdrawal of up to 0.080 mgd (30-day average) from

Well 6 (Docket No. 19820912).

Project Sponsor and Facility: Chesapeake Appalachia, LLC

(Susquehanna River), Mehoopany Township, Wyoming County,

Pa. Renewal of surface water withdrawal of up to 0.999 mgd

(peak day) (Docket No. 20080923).


(Susquehanna River), Wysox Township, Bradford County, Pa.

Renewal of surface water withdrawal of up to 0.999 mgd (peak

day) (Docket No. 20080914).

Project Sponsor and Facility: Citrus Energy (Susquehanna River),

Washington Township, Wyoming County, Pa. Renewal of surface

water withdrawal of up to 1.000 mgd (peak day) (Docket

No. 20081205).

Project Sponsor and Facility: Hydro Recovery-Antrim LP, Duncan

Township, Tioga County, Pa. Consumptive water use of up to

1.872 mgd (peak day).

Project Sponsor and Facility: Mark Manglaviti & Scott Kresge

(Tunkhannock Creek), Tunkhannock Township, Wyoming County,

Pa. Surface water withdrawal of up to 0.999 mgd (peak day).

Project Sponsor and Facility: Mountain Energy Services, Inc.

(Tunkhannock Creek), Tunkhannock Township, Wyoming County,

Pa. Modification to increase surface water withdrawal by an

additional 0.499 mgd (peak day), for a total of 1.498 mgd (peak


Project Sponsor: Perdue Grain and Oilseed, LLC. Project Facility:

Perdue Soybean Crush Plant, Conoy Township, Lancaster County,

Pa. Consumptive water use of up to 0.300 mgd (peak day) and


Well AP-2.

Project Sponsor: R.R. Donnelley & Sons Company. Project Facility:

West Plant, City of Lancaster, Lancaster County, Pa. Modification

to increase consumptive water use by an additional 0.019 mgd


No. 19910702).

Project Sponsor and Facility: Talisman Energy USA Inc. (Sugar

Creek), West Burlington Township, Bradford County, Pa.

Renewal of surface water withdrawal of up to 0.750 mgd (peak


SPECIAL DOCUMENTS

821


Project Sponsor and Facility: Talisman Energy USA Inc. (Towanda

Creek – Franklin Township Volunteer Fire Department), Franklin

Township, Bradford County, Pa. Renewal of surface water

withdrawal of up to 1.000 mgd (peak day) (Docket No. 20081210).

Project Sponsor and Facility: Titanium Metals Corporation

(TIMET), Caernarvon Township, Berks County, Pa. Modification

to increase consumptive water use by an additional 0.044 mgd


No. 20080616).

Project Sponsor and Facility: Ultra Resources, Inc. (Cowanesque

River), Deerfield Township, Tioga County, Pa. Renewal of

surface water withdrawal of up to 0.217 mgd (peak day) (Docket

No. 20081229).

Project Sponsor and Facility: Ultra Resources, Inc. (Pine Creek),

Pike Township, Potter County, Pa. Renewal of surface water

withdrawal of up to 0.936 mgd (peak day) (Docket No. 20090332).

Project Applications Denied

The Commission denied the following application:

Project Sponsor and Facility: Galeton Borough Water Authority,

Galeton Borough, Potter County, Pa. Application for groundwater

withdrawal of up to 0.288 mgd (30-day average) from the

Germania Street Well.

Project Applications Tabled

The Commission tabled the following project applications:


(Susquehanna River), Athens Township, Bradford County, Pa.

Application for renewal of surface water withdrawal of up to


Project Sponsor and Facility: Equipment Transport, LLC (Pine

Creek), Gaines Township, Tioga County, Pa. Application for

surface water withdrawal of up to 0.467 mgd (peak day).

Project Sponsor and Facility: Houtzdale Municipal Authority

(Beccaria Springs), Gulich Township, Clearfield County, Pa.

Application for surface water withdrawal of up to 5.000 mgd (peak

day).

Project Sponsor and Facility: WPX Energy Appalachia, LLC

(Susquehanna River), Great Bend Township, Susquehanna County,

Pa. Application for renewal of surface water withdrawal of up to


AUTHORITY: Pub.L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts

806, 807, and 808.

Dated: April 9, 2013.

THOMAS W. BEAUDUY

Deputy Executive Director

[13-09-35]

SUSQUEHANNA RIVER BASIN

COMMISSION Public Hearing

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

SUMMARY: The Susquehanna River Basin Commission will hold a

public hearing on May 23, 2013, in Harrisburg, Pennsylvania. At this

public hearing, the Commission will hear testimony on the projects

listed in the Supplementary Information section of this notice. Such

projects are intended to be scheduled for Commission action at its

next business meeting, tentatively scheduled for June 20, 2013, which

will be noticed separately. The Commission will also hear testimony

on amending its Regulatory Program Fee Schedule. The public

should take note that this public hearing will be the only opportunity

to offer oral comment to the Commission for the listed projects and

other items. The deadline for the submission of written comments is

June 3, 2013.

DATES: The public hearing will convene on May 23, 2013, at 2:30

p.m. The public hearing will end at 5:00 p.m. or at the conclusion of

public testimony, whichever is sooner. The deadline for the

submission of written comments is June 3, 2013.

ADDRESS: The public hearing will be conducted at the

Pennsylvania State Capitol, Room 8E-B, East Wing, Commonwealth

Avenue, Harrisburg, Pa.

FOR FURTHER INFORMATION CONTACT: Richard A. Cairo,

General Counsel, telephone: (717) 238-0423, ext. 306; fax: (717)

238-2436.

Information concerning the applications for these projects is available

at the SRBC Water Resource Portal at www.srbc.net/wrp. Materials

and supporting documents are available to inspect and copy in

accordance with the Commission‘s Access to Records Policy at

www.srbc.net/pubinfo/docs/2009-

02%20Access%20to%20Records%20Policy%209-10-09.PDF.

Opportunity to Appear and Comment:

Interested parties may appear at the hearing to offer comments to the

Commission on any project listed below. The presiding officer

reserves the right to limit oral statements in the interest of time and to

otherwise control the course of the hearing. Ground rules will be

posted on the Commission‘s web site, www.srbc.net, prior to the

hearing for review. The presiding officer reserves the right to modify

or supplement such rules at the hearing. Written comments on any

project listed below may also be mailed to Mr. Richard Cairo,

General Counsel, Susquehanna River Basin Commission, 1721 North

Front Street, Harrisburg, Pa. 17102-2391, or submitted electronically

through http://www.srbc.net/pubinfo/publicparticipation.htm.

Comments mailed or electronically submitted must be received by

the Commission on or before June 3, 2013, to be considered.

SUPPLEMENTARY INFORMATION: The public hearing will

cover amendment to its Regulatory Program Fee Schedule. Each June

before the start of the next fiscal year on July 1, the Commission

considers amendments to fee schedules. The public hearing will also

cover the following projects:

Project Scheduled for Rescission Action:

Project Sponsor and Facility: Chevron Appalachia, LLC (Chest

Creek), Chest Township, Clearfield County, Pa. (Docket No.

20100603).

Projects Scheduled for Action:

Project Sponsor and Facility: Aqua Infrastructure, LLC (Clearfield

Creek), Boggs Township, Clearfield County, Pa. Application for

renewal of surface water withdrawal of up to 2.000 mgd (peak day)

(Docket No. 20081202).

Project Sponsor and Facility: Aqua Infrastructure, LLC (Tioga

River), Hamilton Township, Tioga County, Pa. Application for


Project Sponsor and Facility: Michael and Sandra Buhler (Bennett

Branch Sinnemahoning Creek), Huston Township, Clearfield

SPECIAL DOCUMENTS

822


County, Pa. Application for surface water withdrawal of up to

1.000 mgd (peak day).


(Susquehanna River), Athens Township, Bradford County, Pa.

Application for renewal of surface water withdrawal of up to


Project Sponsor: Chobani, Inc. Project Facility: South Edmeston,

Town of Columbus, Chenango County, N.Y. Application for


Well 1.




Well 2.




Well 3.



consumptive water use of up to 0.283 mgd (peak day).

Project Sponsor: Delta Borough Municipal Authority. Project

Facility: Delta Borough Water System, Peach Bottom Township,

York County, Pa. Application for groundwater withdrawal of up to

0.073 mgd (30-day average) from Well 5.









Project Sponsor and Facility: Equipment Transport, LLC (Pine

Creek), Gaines Township, Tioga County, Pa. Application for


Project Sponsor and Facility: Equipment Transport, LLC


Pa. Application for surface water withdrawal of up to 0.999 mgd

(peak day).

Project Sponsor and Facility: Furman Foods, Inc., Point Township,

Northumberland County, Pa. Application for consumptive water

use of up to 0.900 mgd (peak day).

Project Sponsor and Facility: LDG Innovation, LLC (Tioga River),

Lawrenceville Borough, Tioga County, Pa. Modification to low

flow protection requirements of the surface water withdrawal

approval (Docket No. 20100311).

Project Sponsor and Facility: Municipal Authority of the Borough of

Mansfield, Richmond Township, Tioga County, Pa. Application

for groundwater withdrawal of up to 0.079 mgd (30-day average)

from Well 3, and authorization for interconnection with Mansfield

University as a supplemental source.

Project Sponsor and Facility: Martinsburg Municipal Authority,

North Woodbury Township, Blair County, Pa. Application for


Wineland Well RW-1.

Project Sponsor and Facility: Navitus, LLC (North Spring, Logan

Branch Watershed), Spring Township, Centre County, Pa.

Application for surface water withdrawal of up to 1.440 mgd (peak

day).

Project Sponsor: New Morgan Landfill Company, Inc. Project

Facility: Conestoga Landfill, New Morgan Borough, Berks

County, Pa. Application for groundwater withdrawal of up to

0.007 mgd (30-day average) from Well SW-4.

Project Sponsor: New Oxford Municipal Authority. Project Facility:

Oxen Country Meadows, Oxford Township, Adams County, Pa.

Application for groundwater withdrawal of up to 0.144 mgd (30-

day average) from Oxen Country Meadows (OCM) Well 1.

Project Sponsor and Facility: Somerset Regional Water Resources,

LLC (Salt Lick Creek), New Milford Township, Susquehanna

County, Pa. Modification to project features of the surface water

withdrawal approval (Docket No. 20100905).

Project Sponsor and Facility: Southwestern Energy Production

Company (Middle Lake), New Milford Township, Susquehanna

County, Pa. Modification to low flow protection requirements of

the surface water withdrawal approval (Docket No. 20121223).

Project Sponsor and Facility: State College Borough Water

Authority, Ferguson Township, Centre County, Pa. Application for

renewal of groundwater withdrawal of up to 0.432 mgd (30-day

average) from Well 41 (Docket No. 19820501).









Project Sponsor: SWEPI LP (Tioga River), Richmond Township,

Tioga County, Pa. Application for renewal of surface water

withdrawal with modification to increase by an additional

0.843 mgd (peak day), for a total of 0.950 mgd (peak day) (Docket

No. 20090612).

Project Sponsor and Facility: WPX Energy Appalachia, LLC


Pa. Application for renewal of surface water withdrawal of up to


Project Sponsor and Facility: York County Solid Waste and Refuse

Authority, Hopewell Township, York County, Pa. Modification to

metering requirements of the groundwater withdrawal approval

(Docket No. 20121226).

AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR

Parts 806-808.

Dated: April 19, 2013.

PAUL O. SWARTZ

Executive Director

[13-09-52]

823


General Notices

Notice of ADA Compliance

The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings. Anyone

planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the

agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.

BOARD OF ARCHITECTS

Subject: Public Meeting

Date and Time: May 22, 2013, 10 a.m.

Place: 500 N. Calvert St., 3rd Fl. Conf.

Rm., Baltimore, MD

Add’l. Info: A public hearing on proposed

CPC regulations will commence at 11 a.m.

Contact: Pamela J. Edwards (410) 230-

6262

[13-09-40]

BOARD OF AUDIOLOGISTS,

HEARING AID DISPENSERS, AND

SPEECH-LANGUAGE

PATHOLOGISTS


Date and Time: May 16, 2013, 4 — 6 p.m.

Place: Metro Executive Bldg., 4201

Patterson Ave., Baltimore, MD

Contact: Christopher Kelter (410) 764-

4723

[13-09-05]

BOARD OF BARBERS


Date and Time: June 10, 2013, 9:30 a.m.

— 4:30 p.m.

Place: 500 N. Calvert St., 2nd Fl. Conf.

Rm., Baltimore, MD

Add’l. Info: Centre St. Entrance

Contact: Robert Wood (410) 230-6195

[13-09-30]

ADVISORY COUNCIL ON

CEMETERY OPERATIONS


Date and Time: May 9, 2013, 10 a.m. — 1

p.m.

Place: Dept. of Labor, Licensing, and

Regulation, 500 N. Calvert St., 3rd Fl.

Financial Regulation Conf. Rm., Baltimore,

MD

Contact: Marilyn Harris-Davis (410) 230-

6229

[13-09-33]

BOARD OF CHIROPRACTIC AND

MASSAGE THERAPY EXAMINERS


Date and Time: May 9, 2013, 10 a.m.

Place: 4201 Patterson Ave., Rm. 108/109,

Baltimore, MD

Contact: Emily Jones (410) 764-4665

[13-09-21]

MARYLAND COLLECTION AGENCY

LICENSING BOARD


Date and Time: May 13, 2013, 10:30 a.m.

— 12:30 p.m.

Place: Montgomery Co. Council Office

Bldg. (COB), 100 Maryland Ave.,

Rockville, MD

Contact: Kelly Mack (410) 230-6079

[13-09-20]

COMMUNICATIONS TAX REFORM

COMMISSION



Place: Louis L. Goldstein Treasury Bldg.,

80 Calvert St., Assembly Rm., Annapolis,

MD

Contact: Linda I. Vasbinder (410) 260-

7833

[13-09-32]

BOARD OF COSMETOLOGISTS


Date and Time: June 3, 2013, 10 a.m. —

4:30 p.m.

Place: 500 N. Calvert St., 2nd Fl. Conf.

Rm., Baltimore, MD

Add’l. Info: Centre St. Entrance

Contact: Robert Wood (410) 230-6195

[13-09-29]

COMMISSION ON CRIMINAL

SENTENCING POLICY


Date and Time: May 14, 2013, 5:30 —

7:30 p.m.

Place: Judiciary Education and Conference

Center, 2009D Commerce Park Dr.,

Annapolis, MD

Contact: David Soule (301) 403-4165

[13-09-15]

BOARD OF DIETETIC PRACTICE


Date and Time: May 16, 2013, 12:30 —

3:30 p.m.

Place: 4201 Patterson Ave., Rm. 110,

Baltimore, MD

Contact: Lenelle Cooper (410) 764-4733

[13-09-22]

MARYLAND STATE BOARD OF

EDUCATION



p.m.; June 25, 2013; 9 a.m. — 5 p.m.

Place: 200 W. Baltimore St., Baltimore,

MD

Add’l. Info: The State Board of

Education is pleased to receive oral

public comment at each of its regular

monthly meetings. In order to allow the

State Board sufficient time for its other

business, the total time allotted to public

comment will generally be limited to 30

minutes. Individuals seeking to speak to the

Board will be given 3 minutes each.

Persons desiring to speak to the State

Board must call (410-767-0467) or email

([email protected]) the Board

office no earlier than 1 week prior to the

meeting to register to speak. Registration

will be accepted on a first-come, first-

served basis. In order to make the limited

time available most effective, speakers are

urged to provide multiple written copies of

their comments or other material

amplifying their views.

Contact: Charlene Necessary (410) 767-

0467

[13-09-13]

EMERGENCY MEDICAL SERVICES

BOARD


Date and Time: May 14, 2013, 9 — 11

a.m.; part of the meeting may include a

closed session.

Place: 653 W. Pratt St., Ste. 212,

Baltimore, MD

Add’l. Info: The State Emergency Medical

Services Board (EMS Board) meets

regularly on the 2nd Tuesday of each

month.

Contact: Leandrea Gilliam (410) 706-4449

[13-09-11]

DEPARTMENT OF HEALTH AND

MENTAL HYGIENE



Place: 201 W. Preston Street, L1,

Baltimore, MD

Contact: Adelline Ntatin (410) 767-2623

[13-09-36]

GENERAL NOTICES

824



MENTAL

HYGIENE/LABORATORIES

ADMINISTRATION

Subject: Call for Pharmacist Nominations

for Drug Utilization Review(DUR) Board

Add’l. Info: The Maryland Department of

Health and Mental Hygiene Drug

Utilization Review (DUR) Board is

currently recruiting for two pharmacists to

serve on the Maryland DUR Board

beginning in September 2013.

The implementation of the Omnibus

Budget Reconciliation Act of 1990 requires

that the Maryland Department of Health

and Mental Hygiene establish a DUR

Board. The DUR Board is comprised of

both physicians and pharmacists and has

been in operation since November 1992.

The activities of the DUR Board include:

• Overseeing retrospective and

prospective DUR within the

Maryland Medicaid Program.

• Approving DUR criteria and

standards.

• Making recommendations

concerning education and other types

of interventions based on prospective

and retrospective DUR findings.

• Preparing an annual report for

submission to the Centers for Medicare

and Medicaid (CMS) describing the

nature and scope of the DUR program,

summarizing educational/interventional

strategies used, and estimating cost

savings generated.

• Reviewing individual recipient

profiles and make recommendations

to restrict patients who might be

abusing Medicaid prescription drugs.

The DUR Board has quarterly 3-hour

meetings in the Baltimore area. Meetings

are normally scheduled on a Thursday

morning during the months of March, June,

September, and December.

The membership of the Maryland DUR

Board includes health care professionals

who have recognized knowledge and

expertise in one of the following areas:

(1) The clinically appropriate

prescribing of outpatient drugs.

(2) The clinically appropriate

dispensing and monitoring of

outpatient drugs.

(3) Drug use review, evaluation and

intervention.

(4) Medical quality assurance.

For an application packet, please contact

Gina Homer at The Maryland Medicaid

Pharmacy Program at 410-767-1749 or via

email at [email protected].

The application deadline is June 14, 2013.

Contact: Gina Homer (410) 767-1749

[13-09-41]


MENTAL HYGIENE/OFFICE OF

HEALTH SERVICES

Subject: HealthChoice Waiver Renewal

Notice

Add’l. Info: The Secretary of Health and

Mental Hygiene is proposing to renew its

§1115 demonstration waiver known as

HealthChoice for a period of 3 years.

HealthChoice, first implemented in 1997

under the authority of Section 1115 of the

Social Security Act, is Maryland‘s

Statewide mandatory managed care

program for Medicaid enrollees. Under

HealthChoice, eligible families and

individuals are required to enroll into a

managed care organization that has been

approved by the Maryland Department of

Health and Mental Hygiene. Each MCO is

responsible for ensuring that HealthChoice

enrollees have access to a network of

medical providers that can meet the health

needs of each enrollee.

This renewal period will focus primarily

on changes to HealthChoice and Medicaid

required by implementing the Affordable

Care Act (ACA). A major revision to the

1115 waiver proposes shifting current and

future Primary Adult Care (PAC) eligible

individuals to HealthChoice, permitting

them to receive full Medicaid benefits in

lieu of a limited benefit package.

Electronic copies of the draft application

may be downloaded from the following

website:

https://mmcp.dhmh.maryland.gov/health

choice/SitePages/HealthChoice%20Renew

al%202013.aspx

Hard copies of the application may be

obtained by calling (410) 767-5806.

Interested parties may send written

comments concerning the waiver renewal

to Tricia Roddy, Director of Planning,

Maryland Medicaid Program, DHMH, 201

W. Preston St., Room 224, Baltimore, MD

21201, emailed to

[email protected], or faxed to

(410) 333-7505. Written comments will be

accepted until Monday, June 3, 2013.

The following public hearings will

discuss the content of the waiver renewal

and solicit feedback and input from public

stakeholders:

Baltimore City: Thursday, April 25,

2013; 3 — 5 p.m.; Maryland Department of

Health and Mental Hygiene, 201 West

Preston Street, Room L-3, Baltimore, MD

21201

Webinar Access: To participate in the

public hearing remotely, please visit

https://mmcp.dhmh.maryland.gov/healthch

oice/SitePages/HealthChoice%20Renewal

%202013.aspx for the webinar link.

Audio Conference Line: (410) 225-

5300; Meeting ID: 4913: Health Dept.

VOIP: 5300

Annapolis: Thursday, May 9, 2013; 1

— 3 p.m.; House Office Building, 6 Bladen

Street, Health and Government Operations

Committee Hearing Room 240, Annapolis,

MD 21401

Contact: Michael Cimmino (410) 767-

0579

[13-09-47]

BOARD OF HEATING,

VENTILATION, AIR-

CONDITIONING, AND

REFRIGERATION CONTRACTORS

(HVACR)


Date and Time: May 8, 2013, 9:30 a.m. —

12 p.m.


Rm., Baltimore, MD

Contact: Steve Smitson (410) 230-6169

[13-09-06]

MARYLAND STATEWIDE

INDEPENDENT LIVING COUNCIL

(MSILC) AND MARYLAND DIVISION

OF REHABILITATION SERVICES

(DORS)


Date and Time: May 9, 2013, 4 — 6:30

p.m.

Place: Workforce & Technology Center,

2301 Argonne Dr., Baltimore, MD 21218;

410-554-9442; Free Parking

Add’l. Info: The Maryland Statewide

Independent Living Council (MSILC) and

the Maryland Division of Rehabilitation

Services (DORS) invite people with

disabilities, parents, advocates and others

to public meetings to comment on the draft

2014—2016 Maryland State Plan for

Independent Living (SPIL).

The mission of Maryland‘s Independent

Living (IL) programs and services is to

maximize the independence and

productivity of people with disabilities and

promote meaningful integration into the

community. All programs and services

have, at their core, the ideals of consumer

control based on the concept of consumer

direction and choice.

The State Plan assures that the IL

Programs in Maryland are operated in

accordance with the federal Rehabilitation

Act, as amended. The public can read in

advance and comment about the State Plan

by visiting www.dors.state.md.us by

calling 240-638-0074 or emailing

[email protected]. Comments

provided in writing, by phone or email are

due no later than April 30, 2013.

https://mmcp.dhmh.maryland.gov/healthchoice/SitePages/HealthChoice%20Renewal%202013.aspx






GENERAL NOTICES

825


There will also be time at the public

hearings for audience members to discuss

other topics of concern. After each

meeting, MSILC staff will be on hand for

individualized assistance.

Sign language interpreters will attend

each meeting. Contact MSILC to request a

foreign language interpreter. Meeting

materials will be provided in large print

and braille.

Address requests for copies of the draft

2014—2016 Maryland State Plan for

Independent Living Services as well as

other inquiries to Denise Thomas,

Executive Director, MD Statewide

Independent Living Council, 12301 Old

Columbia Pike, Silver Spring, MD 20904;

240-638-0074; [email protected].

Teleconference Information: Toll Free 1-

855-297-3227; Conference Code

2962465410#

Contact: Denise Thomas (240) 638-0074

[13-09-26]

MARYLAND INSURANCE

ADMINISTRATION


Date and Time: May 22, 2013, 9:30 —

11:30 a.m.

Place: 200 St. Paul Pl., Hearing Rm., 24th

Fl., Baltimore, MD

Add’l. Info: Meeting of the Workgroup on

Access to Habilitative Services Benefits

Contact: Tinna Damaso Quigley (410)

468-2202

[13-09-38]

DEPARTMENT OF JUVENILE

SERVICES

Subject: Statement of Need

Date and Time: April 22, 2013

Add’l. Info: The Department of Juvenile

Services (DJS) hereby gives notice

of issuing a revised Statement of Need

for expansion of number of placements

for an already licensed Residential Child

Care Program pursuant to COMAR

14.31.09.04. The revised Statement of

Need is posted on the DJS website,

http://www.djs.state.md.us/publication-

data.asp.

Contact: Betsy Tolentino (410) 230-3146

[13-09-48]

STATE ADVISORY BOARD FOR

JUVENILE SERVICES

Subject: No Meeting Notice

Date and Time: May 21, 2013, 2 — 4

p.m.; June 18, 2013, 2 — 4 p.m.

Place: TBA, Annapolis, MD

Contact: Tim Gilbert (410) 230-3488

[13-09-49]

DIVISION OF LABOR AND

INDUSTRY/MARYLAND

APPRENTICESHIP AND TRAINING

COUNCIL


Date and Time: May 14, 2013, 9 a.m. —

12 p.m.

Place: International Union of Elevator

Constructors Local No. 10 JAC, 9600

Martin Luther King Hwy., Lanham, MD

Add’l. Info: The Apprenticeship and

Training Council will consider the approval

and registration of new apprenticeship

programs, revisions to presently approved

apprenticeship programs, and other

business which may come before the

Council.

Contact: C. Edward Poarch II (410) 767-

2246

[13-09-39]

MARYLAND LOTTERY AND

GAMING CONTROL COMMISSION



12 p.m.

Place: Montgomery Park Business Center,

1800 Washington Blvd., Ste. 330,

Baltimore, MD

Contact: Marie A. Torosino (410) 230-

8790

[13-09-51]

MARYLAND HEALTH CARE

COMMISSION


Date and Time: May 16, 2013, 1 p.m.

Place: Maryland Health Care Commission,

4160 Patterson Ave., Conf. Rm. 100,

Baltimore, MD

Contact: Valerie Wooding (410) 764-3460

[13-09-14]

MARYLAND HEALTH CARE

COMMISSION

Subject: Formal Start of Review, Notice of

Docketing

Additional Information: The Maryland

Health Care Commission (MHCC)

hereby gives notice of docketing of the

following applications for renewal of a

waiver to provide primary percutaneous

intervention in a hospital without on-site

cardiac surgery:

Anne Arundel Medical Center

(Docket No. 13-02-0067 WR)

Baltimore Washington Medical Center

(Docket No. 13-02-0068 WR)

Franklin Square Hospital Center

(Docket No. 13-03-0069 WR)

The MHCC shall review the

applications under COMAR 10.24.17.

Please refer to the Docket Numbers listed

above in any correspondence on the

applications. The applications are available

for review in the office of the MHCC

during regular business hours by

appointment. All correspondence should be

addressed to Paul Parker, Director, Center

for Hospital Services, Maryland Health

Care Commission, 4160 Patterson Avenue,

Baltimore, Maryland 21215.

Contact: Paul Parker (410) 764-3261.

[13-09-45]

MARYLAND PUBLIC

BROADCASTING COMMISSION



Place: Maryland Public Television,

Owings Mills, MD

Contact: Sharon Abernathy (410) 581-

4141

[13-09-04]

MARYLAND STATE

REHABILITATION COUNCIL



Place: Workforce & Technology Center,

2301 Argonne Dr., Rm. T-130, Baltimore,

MD

Add’l. Info: For more information please

contact Polly Huston at 410-554-9437 or

[email protected].

Contact: Polly Huston (410) 554-9437

[13-09-27]

BOARD OF PHYSICIANS



p.m.

Place: 4201 Patterson Ave., Baltimore,

MD

Add’l. Info: The Board may discuss/vote

on proposed regulations. A portion of the

meeting may be held in closed session.

Contact: Carole Catalfo (410) 764-4777

[13-09-12]

BOARD OF PLUMBING



12:30 p.m.

Place: 500 N. Calvert St., Rm. 302,

Baltimore, MD

Contact: Brenda Clark (410) 230-6164

[13-09-28]

mailto:[email protected]

GENERAL NOTICES

826


BOARD OF PODIATRIC MEDICAL

EXAMINERS


Date and Time: May 9, 2013, 1 p.m.


Baltimore, MD

Contact: Sheri Henderson (410) 764-4785

[13-09-07]


EXAMINERS


Date and Time: June 13, 2013, 1 p.m.


Baltimore, MD


[13-09-08]


EXAMINERS


Date and Time: July 11, 2013, 1 p.m.


Baltimore, MD


[13-09-09]


EXAMINERS


Date and Time: September 12, 2013, 1

p.m.


Baltimore, MD


[13-09-10]

BOARD OF PUBLIC ACCOUNTANCY


Date and Time: June 4, 2013, 9 a.m. — 12

p.m.

Place: 500 North Calvert St., 3rd Fl. Conf.

Rm., Baltimore, MD

Contact: Dennis L. Gring (410) 230-6224

[13-09-03]

RACING COMMISSION


Date and Time: May 21, 2013, 12:30 — 1

p.m.

Place: Pimlico Race Course, Baltimore,

MD

Contact: J. Michael Hopkins (410) 296-

9682

[13-09-31]

REAL ESTATE COMMISSION



Place: Dept of Labor, Licensing, and


Conf. Rm., Baltimore, MD

Contact: Patricia Hannon (410) 230-6199

[13-09-16]

REAL ESTATE COMMISSION

Subject: Public Hearing

Date and Time: May 29, 2013, 12:30 p.m.

Place: Dept. of Labor, Licensing, and


Conf. Rm., Baltimore, MD

Contact: Patricia Hannon (410) 230-6199

[13-09-17]

BOARD OF SOCIAL WORK

EXAMINERS



3 p.m.

Place: 4201 Patterson Ave., Baltimore,

MD

Add’l. Info: The Board may discuss/vote

on proposed regulations. A portion of the

meeting may be held in closed session.

Contact: James T. Merrow (410) 764-4788

[13-09-23]

STATE BOARD OF INDIVIDUAL TAX

PREPARERS


Date and Time: May 20, 2013, 1:30 — 5

p.m.


Rm., Baltimore, MD

Contact: Douglas Blackstone (410) 230-

6244

[13-09-19]

MARYLAND DEPARTMENT OF

TRANSPORTATION/ MARYLAND

BOARD OF AIRPORT ZONING

APPEALS

Subject: Public Hearing


Place: MDOT Headquarters, 7201

Corporate Center Dr., Hanover, MD

Add’l. Info: The Maryland Board of

Airport Zoning Appeals (BAZA) will hold

a hearing on Monday, May 20, 2013. The

Board will hear the following case:

Docket Number 394 — Anne Arundel

County Board of Education

As required by Transportation Article,

§5-822, Annotated Code of Maryland,

the Anne Arundel County Board of

Education is seeking approval of a variance

from the Board of Airport Zoning

Appeals to construct an addition to the

Glen Burnie Park Elementary school

to expand their kindergarten. A portion

of the school property is located within

the Baltimore/Washington International

Thurgood Marshall Airport Noise Zone.

Therefore, the Maryland Aviation

Administration will present BAZA Case

394 to the Board of Zoning Appeals on

Monday, May 20, 2013 at 10:30 a.m.

For additional information, please

contact Deborah Mahoney-Fowler, 410-

865-1233.

Appropriate auxiliary aids and services

for qualified individuals with disabilities

will be provided upon request. Please call

410-865-1233 (voice) or MD Relay (TTY

users).

Contact: Deborah Mahoney-Fowler (410)

865-1233

[13-09-34]

BOARD OF WATERWORKS AND

WASTE SYSTEMS OPERATORS


Date and Time: June 20, 2013, 10 a.m. —

4 p.m.

Place: MDE, 1800 Washington Blvd.,

Patuxent Conf. Rm., 6th Fl., Baltimore,

MD

Add’l. Info: A portion of this meeting may

be held in closed session

Contact: Pat Kratochvil (410) 537-3167

[13-09-25]

WORKERS’ COMPENSATION

COMMISSION


Date and Time: June 13, 2013, 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

[13-09-02]

Updated on 5-1-2013

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Title 24 Business and Economic Development $47 $25 _____ _____

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Title 27 Critical Area Comm. for the Chesapeake and Atlantic Coastal Bays $26 $15 _____ _____

Title 28 Office of Administrative Hearings $23 $12 _____ _____

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Title 31 Maryland Insurance Administration $90 $62 _____ _____

Title 32 Aging $34 $18 _____ _____

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CODE OF MARYLAND REGULATIONS

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

Title 10 Department of Health and Mental Hygiene: Part & Subtitles

Part 1 01 Procedures 02 Division of Reimbursements 03 Health Statistics 04 Fiscal 05 Freestanding Ambulatory Care Facilities 06 Diseases 07 Hospitals 08 Health Facilities Grants Part 2 09 Medical Care Programs Part 3 10 Laboratories 11 Maternal and Child Health 12 Adult Health 13 Drugs 14 Cancer Control 15 Food 16 Housing 17 Sanitation 18 Human Immunodeficiency Virus (HIV) Infection and Acquired Immunodeficiency Syndrome (AIDS) 19 Dangerous Devices and Substances 20 Kidney Disease Program 21 Mental Hygiene Regulations 22 Developmental Disabilities Part 4 23 Advance Directive Registry 24 Maryland Health Care Commission 25 Maryland Health Care Commission 26 Board of Acupuncture 27 Board of Nursing 28 Board of Examiners in Optometry 29 Board of Morticians and Funeral Directors 30 Commission on Kidney Disease 31 Health Occupation Boards 32 Board of Physicians 33 Board of Examiners of Nursing Home Administrators 34 Board of Pharmacy 35 Postmortem Examiners Commission 36 Board of Examiners of Psychologists Part 5 37 Health Services Cost Review Commission 38 Board of Physical Therapy Examiners 39 Board of Nursing – Certified Nursing Assistants 40 Board of Podiatric Medical Examiners 41 Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists 42 Board of Social Work Examiners 43 Board of Chiropractic and Massage Therapy Examiners 44 Board of Dental Examiners 45 Maryland Community Health Resources Commission

46 Board of Occupational Therapy Practice 47 Alcohol and Drug Abuse Administration 48 Child Abuse and Neglect Medical Reimbursement Program 49 State Anatomy Board 50 Tissue Banks 51 Forensic Laboratories 52 Preventive Medicine 53 Board of Nursing—Electrology Practice Committee 54 Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) 55 State Board of Spinal Cord Injury Research 56 Board of Dietetic Practice 57 Board for Certification of Residential Child Care Program Professionals 58 Board of Professional Counselors and Therapists 59 Catastrophic Health Emergencies

Title 11 Department of Transportation – Volume & Subtitles Volume 1 01 Office of the Secretary 02 Transportation Service Human Resources System 03 Maryland Aviation Administration 04 State Highway Administration 05 Maryland Port Administration 06 Mass Transit Administration 07 Maryland Transportation Authority 08 State Railroad Administration 09 Vacant 10 Vacant Volume 2 and Volume 3 11 Motor Vehicle Administration – Administrative Procedures 12 MVA – Licensing of Businesses and Occupations 13 MVA – Vehicle Equipment 14 MVA – Vehicle Inspections 15 MVA – Vehicle Registration 16 MVA – Vehicle Operations 17 MVA – Driver Licensing and Identification Documents 18 MVA – Financial Responsibility Requirements 19 MVA – School Vehicles 20 MVA – Motorcycle Safety Program 21 MVA – Commercial Motor Vehicles 22 MVA – Preventive Maintenance Program 23 MVA – Drivers’ Schools, Instructors, Driver Education Program Title 26 Department of the Environment – Part & Subtitles Part 1 01 General Provisions 02 Occupational, Industrial, and Residential Hazards 03 Water Supply, Sewerage, Solid Waste, and Pollution Control

Planning and Funding 04 Regulation of Water Supply, Sewage Disposal, and Solid Waste 05 Board of Well Drillers 06 Waterworks and Waste Systems Operators 07 Board of Environmental Sanitarians Part 2 08 Water Pollution 09 Maryland CO2 Budget Trading Program 10 Oil Pollution and Tank Management 11 Air Quality 12 Radiation Management Part 3 13 Disposal of Controlled Hazardous Substances 14 Hazardous Substance Response Plan 15 Disposal of Controlled Hazardous Substances ― Radioactive Hazardous Substances 16 Lead 17 Water Management 18 Susquehanna River Basin Commission Part 4 19 Oil and Gas Resources 20 Surface Coal Mining and Reclamation under Federally Approved Program 21 Mining 22 Coastal Facilities Review 23 Nontidal Wetlands 24 Tidal Wetlands 25 Ballast Water Management 26 Community Right-to-Know Fund 27 Hazardous Material Security

Last Updated 2/2013

Maryland Register

Archive Order Form

The Division of State Documents has created pdf files of all the Maryland Register issues since

1974. The issues from 1974—2003 are scanned images in pdf format of the actual Register and, as

such, are not searchable, while the issues beginning with 2004 are searchable text in pdf format.

Single issues of the Maryland Register from 1974—present

_____ $10 Per issue of the Register from 1974—present via emailed pdf file. Please specify Issue(s): _______________________________________

_____ $15 Per issue of the Maryland Register from 1974—present via mailed hard-copy Please specify Issue(s): _______________________________________

An archival library of all Maryland Register issues from 1974—2003:

_____ $375 2 DVDs (1974 — 2010)

_____ $50 One year of the Maryland Register from 1974—2003 (unsearchable): Please specify Year(s): ______________________________

_____ $100 A single year of issues from 2004 forward will be available in January of the

year following their publication. These will be searchable, on CD.

Please specify: 2004 2005 2006 2007 2008 2009 2010 2011

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

or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland).

By purchasing a product, the buyer agrees that the purchase is for individual use only and

will not sell or give the product to another individual or entity.

Please order by faxing the

completed form to:

Fax: 410-280-5647

By mailing it to:

Division of State Documents

State House

Annapolis, MD 21401

By email to:

[email protected]

By calling: 410-260-3876

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1/2012

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The Maryland Register is a biweekly publication containing proposed, emergency, and final administrative regulations as well as other State government information. The Register serves as the temporary supplement to the Code of Maryland Regulations (COMAR). Any change to the text of regulations published in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

See separate Order Form for the Maryland Register Archive Issues from 1974 — 2011.

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file of each issue, emailed directly to one recipient’s email address. _____ $130 Per additional user, per account subscription. Call 410-260-3876 for details.

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

or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland).

By purchasing a product, the buyer agrees that the purchase is for individual use only and

will not sell or give the product to another individual or entity.

Please order by faxing the completed form to: Fax: 410-280-5647

By mailing it to: Division of State Documents State House Annapolis, MD 21401 By email to:

[email protected] By calling: 410-260-3876

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Codification # Pamphlet Title Price / #

COMAR 10.05 Freestanding Ambulatory Care Facilities — March 2009 * $10 × ____

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COMAR 10.07.02 Comprehensive Care Facilities and Extended Care Facilities — Feb 2011 $15 × ____

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COMAR 10.07.06 Hospital Patient Safety Program — Apr 2004 $ 8 × ____

COMAR 10.07.07 Nursing Referral Service Agencies — Dec 2006 $ 8 × ____

COMAR 10.07.09 Residents’ Bill of Rights: Comprehensive Care Facilities and Extended Care Facilities — Mar 2010 $ 9 × ____

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COMAR 10.07.21 Hospice Care Programs — Sep 1998 $ 9 × ____

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