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Issue Date: November 18, 2011 Volume 38 Issue 24 Pages 14831554
IN THIS ISSUE
Judiciary Regulations Errata Special Documents General Notices
Pursuant to State Government Article, 7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before October 31, 2011, 5 p.m. Pursuant to State Government Article, 7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of October 31, 2011. Brian Morris Acting Administrator, Division of State Documents Office of the Secretary of State
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: Governors Executive Orders Attorney Generals 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. 815817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815817 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 COMARs 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 Editors 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 OMalley, 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 177279. Illustrations by Carolyn Anderson, Dept. of General Services
Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, 7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell the product to another individual or entity.
Contents
1485
Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the Maryland Register .................................................................. 1487
COMAR Research Aids

Table of Pending Proposals ........................................................ 1488
Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name 03 05 08 09 10 12 13A 14 20 30 31 34 Page Comptroller of the Treasury ............................................ 1499 Department of Housing and Community Development .... 1499 Department of Natural Resources ................................... 1500 Department of Labor, Licensing, and Regulation ........... 1501 Department of Health and Mental Hygiene .... 1495, 1501, 1505 Department of Public Safety and Correctional Services ............................................................. 1496, 1518 State Board of Education ................................................ 1540 Independent Agencies ................................. 1496, 1503, 1541 Public Service Commission ............................................ 1503 Maryland Institute for Emergency Medical Services Systems (MIEMSS) .................................................... 1503 Maryland Insurance Administration ............................... 1548 Department of Planning .................................................. 1504
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.
The Judiciary
COURT OF APPEALS OF MARYLAND ATTORNEYS TO BE ADMITTED TO THE BAR ........ 1491 COURT OF SPECIAL APPEALS SCHEDULE FOR DECEMBER 1, 2, 5, 6, 7, 8, 9, 12, 13, 14, AND 15, 2011 ............................................................... 1492
Emergency Action on Regulations

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE DANGEROUS DEVICES AND SUBSTANCES Controlled Dangerous Substances ................................... 1495 MARYLAND HEALTH CARE COMMISSION Electronic Health Record Incentives ................................ 1495 BOARD OF PHARMACY Pharmacist Administration of Vaccinations ..................... 1495 12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES PATUXENT INSTITUTION Inmate Discipline ............................................................. 1496 14 INDEPENDENT AGENCIES MARYLAND ENERGY ADMINISTRATION Green Building Tax Credit Program ................................ 1496
05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT BUILDING AND MATERIAL CODES Model Performance Code ................................................ 1499 Maryland Accessibility Code .......................................... 1499 Maryland Building Performance Standards ..................... 1500 08 DEPARTMENT OF NATURAL RESOURCES FISHERIES SERVICE Striped Bass ..................................................................... 1500 BOATING Certificate of Title ........................................................... 1500 Documented Vessels ....................................................... 1501 BOATING SPEED LIMITS AND OPERATION OF VESSELS Noise Level Limits of Vessels ......................................... 1501 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION WORKFORCE DEVELOPMENT AND ADULT LEARNING Alternative Ways to Earn a High School Diploma .......... 1501 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE PROCEDURES Nursing Facility Quality Assessment .............................. 1501 MEDICAL CARE PROGRAMS Pharmacy Services .......................................................... 1502 Hospital Services ............................................................. 1502 Hospital Services ............................................................. 1502 Nursing Facility Services ................................................ 1502 DANGEROUS DEVICES AND SUBSTANCES Prohibition of Bisphenol-A in Child Care Articles .......... 1502 14 INDEPENDENT AGENCIES WORKERS COMPENSATION COMMISSION Procedural Regulations.................................................... 1503 20 PUBLIC SERVICE COMMISSION SERVICE SUPPLIED BY ELECTRIC COMPANIES General ............................................................................ 1503 Deanna Camille Green Rule Contact Voltage Survey Requirement and Reporting .......................................... 1503 30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) PUBLIC ACCESS AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM Protocol ........................................................................... 1503 34 DEPARTMENT OF PLANNING HISTORICAL AND CULTURAL PROGRAMS Sustainable Communities Tax Credit Certification ......... 1504
Proposed Action on Regulations

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS Nursing Home Administrators......................................... 1505 BOARD OF EXAMINERS OF PSYCHOLOGISTS Disciplinary Sanctions and Monetary Penalties .............. 1513 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) Eligibility, Participation, and Benefits ............................. 1515 Local Agency .................................................................. 1515 12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES PATUXENT INSTITUTION Inmate Discipline ............................................................ 1518
Final Action on Regulations

03 COMPTROLLER OF THE TREASURY ALCOHOL AND TOBACCO TAX Tobacco Tax .................................................................... 1499
MARYLAND REGISTER, VOLUME 38, ISSUE 24, FRIDAY, NOVEMBER 18, 2011
Contents
1486 13A STATE BOARD OF EDUCATION CHILD CARE CENTERS Scope and Definitions ...................................................... License Application and Maintenance ............................. Child Protection ............................................................... Administrative Hearings .................................................. 14 INDEPENDENT AGENCIES WORKERS COMPENSATION COMMISSION Guide of Medical and Surgical Fees ................................ PUBLIC SCHOOL LABOR RELATIONS BOARD Recognition of Employee Organizations ......................... General Procedures .......................................................... 31 MARYLAND INSURANCE ADMINISTRATION HEALTH INSURANCE GENERAL Health Insurance .............................................................. BOARD OF HEATING, VENTILATION, AIRCONDITIONING, AND REFRIGERATION CONTRACTORS (HVACR) Public Meeting ................................................................ HOME IMPROVEMENT COMMISSION Public Meeting ................................................................ MARYLAND INSURANCE ADMINSTRATION Public Hearing ................................................................. BOARD FOR PROFESSIONAL LAND SURVEYORS Public Meeting ................................................................ MARYLAND HEALTH CARE COMMISSION Public Meeting ................................................................ Receipt of Application..................................................... Formal Start of Review ................................................... MINORITY BUSINESS ENTERPRISE ADVISORY COMMITTEE Public Meeting ................................................................ BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS Public Meeting ................................................................ BOARD OF OCCUPATIONAL THERAPY PRACTICE Public Meeting ................................................................ BOARD OF PODIATRIC MEDICAL EXAMINERS Public Meeting ................................................................ PROCUREMENT ADVISORY COUNCIL (PAC) Public Meeting ................................................................ BOARD OF EXAMINERS OF PSYCHOLOGISTS Public Meeting ................................................................ STATE BOARD OF INDIVIDUAL TAX PREPARERS Public Meeting ................................................................ MARYLAND TRANSPORTATION AUTHORITY Public Meeting ................................................................ WORKERS COMPENSATION COMMISSION Public Meeting ................................................................ 1540 1540 1540 1540 1553 1553 1553 1553 1553 1553 1553
1541 1541 1541
1548
Errata
COMAR 09.03.12................................................................ COMAR 10.54.03................................................................ COMAR 11.18.02................................................................ COMAR 34.04.07................................................................ COMAR 10.07.05................................................................ 1550 1550 1550 1550 1550
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1554 1554 1554 1554 1554 1554 1554 1554
Special Documents
MARYLAND HEALTH CARE COMMISSION Application for Waiver to Provide Primary Percutaneous Coronary Intervention (pPCI) Services ......................... 1551
General Notices
ATHLETIC COMMISSION Public Meeting................................................................. 1552 BOARD FOR THE CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM ADMINISTRATORS Public Meeting................................................................. 1552 BOARD OF CHIROPRACTIC AND MASSAGE THERAPY EXAMINERS Public Meeting................................................................. 1552 CONSUMER COUNCIL OF MARYLAND Public Meeting................................................................. 1552 CRIMINAL JUSTICE INFORMATION ADVISORY BOARD Public Meeting................................................................. 1552 COMMISSION ON CRIMINAL SENTENCING POLICY Public Meeting................................................................. 1552 Public Hearing ................................................................. 1552 PROFESSIONAL STANDARDS AND TEACHER EDUCATION BOARD Public Meeting................................................................. 1552 MARYLAND STATE BOARD OF EDUCATION Public Meeting................................................................. 1552 ELEVATOR SAFETY REVIEW BOARD Public Meeting................................................................. 1552 STATEWIDE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (SEMSAC) Public Meeting................................................................. 1552 BOARD FOR PROFESSIONAL ENGINEERS Public Meeting................................................................. 1552 FIRE PREVENTION COMMISSION Public Meeting................................................................. 1552 DEPARTMENT OF HEALTH AND MENTAL HYGIENE/OFFICE OF HEALTH SERVICES Draft Special Needs Trust Regulations ............................ 1553
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.
Contents
1487
Availability of Monthly List of Maryland Documents

The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title Maryland Documents. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. Maryland Documents also includes local publications. Anyone wishing to receive Maryland Documents should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.
CLOSING DATES AND ISSUE DATES through JULY 27, 2012

Issue Date December 2** December 16 December 30 January 13** January 27** February 10 February 24** March 9** March 23 April 6 April 20 May 4 May 18 June 1** June 15** June 29 July 13** July 27 Emergency and Proposed Regulations 5:00 p.m.* November 14 November 28 December 12 December 22 January 9 January 23 February 6 February 17 March 5 March 19 April 2 April 16 April 30 May 14 May 24 June 11 June 25 July 9 Final Regulations 10:30 a.m. November 18 December 7 December 21 January 4 January 18 February 1 February 14 February 29 March 14 March 28 April 11 April 25 May 9 May 21 June 6 June 20 July 3 July 18 Notices, etc. 10:30 a.m. November 16 December 5 December 19 December 30 January 13 January 30 February 13 February 27 March 12 March 26 April 9 April 23 May 7 May 18 June 4 June 18 July 2 July 16
* Due date for documents containing 8 to 18 pages 48 hours before date shown Due date for documents exceeding 18 pages 1 week before date shown NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE REVISED PAGE COUNT REFLECTS THIS FORMATTING. ** Note closing date changes The regular closing date for Proposals and Emergencies is Monday.
1488
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 03.06.01.43 38:23 Md. R. 1425 (11-4-11) 03.06.01.44 38:13 Md. R. 758 (6-17-11) 05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 05.05.07.01.31 37:20 Md. R. 1398 (09-24-10) 05.17.01.01.13 38:21 Md. R. 1282 (10-7-11) 05.17.02.01.07 38:21 Md. R. 1282 (10-7-11) 07 DEPARTMENT OF HUMAN RESOURCES 07.02.13.01,.02,.04 38:22 Md. R. 1348 (10-21-11) 08 DEPARTMENT OF NATURAL RESOURCES 08.02.04.03,.04,.06,.16 38:23 Md. R. 1426 (11-4-11) 08.02.04.15 38:16 Md. R. 950 (7-29-11) 08.02.04.17 38:22 Md. R. 1349 (10-21-11) 08.02.05.09 38:22 Md. R. 1350 (10-21-11) 08.02.08.02 38:23 Md. R. 1426 (11-4-11) 08.02.23.02.04,.07 38:23 Md. R. 1429 (11-4-11) 08.04.03.01.18 38:19 Md. R. 1151 (9-9-11) 08.04.09.01 38:19 Md. R. 1153 (9-9-11) 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION 09.03.01.17 38:21 Md. R. 1288 (10-7-11) 09.03.12.0112 38:21 Md. R. 1289 (10-7-11) 09.12.01.16-1 38:22 Md. R. 1351 (10-21-11) 09.12.28.01.07 38:14 Md. R. 794 (7-1-11) (ibr) 09.12.81.01 38:21 Md. R. 1292 (10-7-11) (ibr) 09.15.02.12 37:23 Md. R. 1614 (11-5-10) 09.16.01.05,.06 38:15 Md. R. 901 (7-15-11) 09.19.07.01 38:17 Md. R. 1028 (8-12-11) 09.20.04.01,.02 37:4 Md. R. 346 (2-12-10) 38:3 Md. R. 176 (1-28-11) 09.22.01.10,.11 38:15 Md. R. 901 (7-15-11) 09.23.04.03 38:21 Md. R. 1294 (10-7-11) 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitles 01 08 (1st Volume) 10.01.04.01.11 38:3 Md. R. 180 (1-28-11) 38:14 Md. R. 800 (7-1-11) 10.01.21.01.07 38:20 Md. R. 1213 (9-23-11) 10.03.01.02.07,.07-1,.08.15 38:22 Md. R. 1352 (10-21-11) Subtitle 09 (2nd Volume) 10.09.04.01,.03 38:9 Md. R. 555 (4-22-11) 10.09.09.07 38:20 Md. R. 1215 (9-23-11) (ibr) 10.09.24.13 38:3 Md. R. 180 (1-28-11) 38:14 Md. R. 800 (7-1-11) 10.09.30.06 38:21 Md. R. 1295 (10-7-11) 10.09.63.06 38:22 Md. R. 1354 (10-21-11) 10.09.65.02 38:22 Md. R. 1357 (10-21-11) 10.09.65.03,.13,.17,.18,.28 38:22 Md. R. 1354 (10-21-11) 10.09.66.05,.06,.07 38:22 Md. R. 1354 (10-21-11) 10.09.67.04,.28 38:22 Md. R. 1354 (10-21-11) 10.09.81.01.07 37:20 Md. R. 1409 (09-24-10) Subtitles 10 22 (3rd Volume) 10.10.01.03 37:25 Md. R. 1745 (12-3-10) 10.10.03.02 37:25 Md. R. 1745 (12-3-10) 10.10.06.02 37:25 Md. R. 1745 (12-3-10) 10.10.11.02.05,.07.16,.19, .23 38:23 Md. R. 1430 (11-4-11) (ibr) 10.15.03.02,.14,.23,.27,.28,.33 38:23 Md. R. 1433 (11-4-11) 10.19.03.13 38:19 Md. R. 1163 (9-9-11)
PENDING PROPOSALS 1489 Subtitles 23 36 (4th Volume) 10.25.16.01.07 38:22 Md. R. 1357 (10-21-11) 10.32.08.01.11 38:22 Md. R. 1360 (10-21-11) 10.33.01.12,.15.17,.17-1,.18.29 38:24 Md. R. 1505 (11-18-11) 10.34.25.01.03 38:22 Md. R. 1365 (10-21-11) 10.34.28.01,.02,.04.12 36:25 Md. R. 1965 (12-4-09) 10.34.28.01,.02,.04.14 38:2 Md. R. 93 (1-14-11) 10.34.32.03 38:23 Md. R. 1435 (11-4-11) 10.36.08.01.06 38:24 Md. R. 1513 (11-18-11) Subtitles 3759 (5th Volume) 10.38.10.01.07 38:23 Md. R. 1436 (11-4-11) 10.44.21.01,.02,.04,.05,.10,.11 38:11 Md. R. 674 (5-20-11) 38:18 Md. R. 1086 (8-26-11) 10.44.30.01.05 38:14 Md. R. 812 (7-1-11) 10.44.31.01.06 38:22 Md. R. 1367 (10-21-11) 10.44.33.01.06 38:19 Md. R. 1164 (9-9-11) 10.50.01.10 38:22 Md. R. 1373 (10-21-11) 10.54.01.03,.04,.07 38:24 Md. R. 1515 (11-18-11) 10.54.02.09,.10,.14 38:24 Md. R. 1515 (11-18-11) 10.54.03.03,.09-1,.10,.13.16 38:21 Md. R. 1296 (10-7-11) 11 DEPARTMENT OF TRANSPORTATION 21 STATE PROCUREMENT REGULATIONS 11.02.08.01.10 38:20 Md. R. 1216 (9-23-11) 11.11.05.03 38:20 Md. R. 1220 (9-23-11) 11.11.11.02 38:20 Md. R. 1220 (9-23-11) 11.11.13.01,.03,.05,.07 38:20 Md. R. 1220 (9-23-11) 11.14.01.01,.03,.04,.06,.07,.10,.11, .14.16 38:23 Md. R. 1440 (11-4-11) 11.14.02.01,.06,.12,.14,.17 38:23 Md. R. 1440 (11-4-11) 11.14.04.14,.16,.19 38:23 Md. R. 1440 (11-4-11) 11.18.02.01,.08 38:22 Md. R. 1374 (10-21-11) 11.21.01.01.03 38:23 Md. R. 1458 (11-4-11) 12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES 12.02.27.02.05,.07.09,.12,.13,.15.27,.30.37, .39 38:20 Md. R. 1222 (9-23-11) 12.04.01.04.12,.14.21 38:21 Md. R. 1297 (10-7-11) 12.04.02.01.03,.1113 38:21 Md. R. 1297 (10-7-11) 12.04.05.01,.06 38:21 Md. R. 1297 (10-7-11) 12.04.06.01.18 38:21 Md. R. 1297 (10-7-11) 12.10.01.04.06,.08,.09,.14.17, .19.27 38:15 Md. R. 904 (7-15-11) 12.10.04.01.31 38:15 Md. R. 904 (7-15-11) 12.10.05.01 38:15 Md. R. 904 (7-15-11) 12.10.06.01.16 38:15 Md. R. 904 (7-15-11) 12.12.30.02.09,.12,.13,.1527,.30.37, .39 38:24 Md. R. 1518 (11-18-11) 13A STATE BOARD OF EDUCATION 13A.02.06.02 38:20 Md. R. 1244 (9-23-11) 13A.03.04.07 38:22 Md. R. 1374 (10-21-11) 13A.05.09.02 38:23 Md. R. 1459 (11-4-11) 13A.07.04.01.,01-1,.05,.06 37:16 Md. R. 1082 (7-30-10) (ibr) 13A.08.01.01 38:20 Md. R. 1244 (9-23-11) 13A.08.01.17 38:22 Md. R. 1375 (10-21-11) 13A.08.02.01 38:20 Md. R. 1244 (9-23-11) (ibr) 13A.12.02.27 38:14 Md. R. 815 (7-1-11) 13A.12.03.02,.03,.11 38:17 Md. R. 1038 (8-12-11) 21.11.03.01,.08,.09,.12,.12-1,.14 38:20 Md. R. 1247 (9-23-11) 21.11.12.01.09 38:20 Md. R. 1249 (9-23-11) 26 DEPARTMENT OF THE ENVIRONMENT Subtitles 1318 (Part 3) 26.17.01.01 37:19 Md. R. 1329 (9-10-10) (err) 26.17.01.01.11 37:18 Md. R. 1244 (8-27-10) (ibr) 38:18 Md. R. 1101 (8-26-11) (ibr) 29 MARYLAND STATE POLICE 29.02.01.01,.02,.11,.14 38:23 Md. R. 1465 (11-4-11) 29.06.04.03.07 38:21 Md. R. 1310 (10-7-11) 30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS) 30.03.05.02 38:19 Md. R. 1172 (9-9-11) 31 MARYLAND INSURANCE ADMINISTRATION 31.10.01.01.03 38:24 Md. R. 1548 (11-18-11) 31.12.08.04 38:17 Md. R. 1039 (8-12-11) 31.14.03.10 38:20 Md. R. 1251 (9-23-11) 33 STATE BOARD OF ELECTIONS 33.01.01.01 38:23 Md. R. 1468 (11-4-11) 33.07.07.01.04 38:23 Md. R. 1468 (11-4-11) 33.07.08.01,.03 38:23 Md. R. 1468 (11-4-11) 33.07.09.01.06 38:23 Md. R. 1468 (11-4-11) 33.11.03.08 38:23 Md. R. 1470 (11-4-11) 33.11.04.03 38:23 Md. R. 1470 (11-4-11) 33.13.02.02 38:21 Md. R. 1313 (10-7-11) 33.13.03.02 38:21 Md. R. 1313 (10-7-11) 33.13.05.01,.02 38:21 Md. R. 1313 (10-7-11) 13A.16.01.02 38:24 Md. R. 1540 (11-18-11) 13A.16.02.01 38:24 Md. R. 1540 (11-18-11) 13A.16.07.06 38:24 Md. R. 1540 (11-18-11) 13A.16.18.01,.02 38:24 Md. R. 1540 (11-18-11) 14 INDEPENDENT AGENCIES 14.01.11.04 38:23 Md. R. 1459 (11-4-11) 14.01.11.08 38:23 Md. R. 1460 (11-4-11) 14.01.14.47 38:23 Md. R. 1460 (11-4-11) 14.01.16.03,.04,.08,.09,.11 38:23 Md. R. 1460 (11-4-11) 14.01.18.03 38:23 Md. R. 1459 (11-4-11) 14.09.03.01,.04,.09 38:23 Md. R. 1462 (11-4-11) 14.34.01.01.03 38:24 Md. R. 1541 (11-18-11) 14.34.02.01.03 38:24 Md. R. 1541 (11-18-11) 20 PUBLIC SERVICE COMMISSION 20.50.01.03,.05 38:5 Md. R. 332 (2-25-11) 38:22 Md. R. 1377 (10-21-11) 20.50.10.05 38:5 Md. R. 332 (2-25-11) 38:22 Md. R. 1377 (10-21-11) 20.90.02.19 38:20 Md. R. 1245 (9-23-11) 20.90.03.17 38:20 Md. R. 1245 (9-23-11)
PENDING PROPOSALS 1490 33.13.06.03.05 38:21 Md. R. 1313 (10-7-11) 33.13.06.03,.05 38:23 Md. R. 1471 (11-4-11) 33.13.08.01.05 38:21 Md. R. 1313 (10-7-11) 33.13.09.01.05 38:21 Md. R. 1313 (10-7-11) 33.13.10.01,.02 38:23 Md. R. 1471 (11-4-11) 33.17.06.08.11 38:23 Md. R. 1468 (11-4-11)
1491
The Judiciary
COURT OF APPEALS OF MARYLAND
ATTORNEYS TO BE ADMITTED TO THE BAR
The State Board of Law Examiners, after careful consideration of their qualifications, has by report to the Court recommended that the applicants named on Exhibit A attached hereto be admitted to the Bar, conditioned upon successful completion of the Professionalism Course pursuant to Rule 11 of Rules Governing Admission to the Bar of Maryland. As to certain applicants named in an attachment to the Report, the favorable recommendation also is conditioned upon the outcome of proceedings pending under Section (j) of Rule 13 (Outof-State Attorneys) of Rules Governing Admission to the Bar of Maryland. It is thereupon the 28th day of October 2011, by the Court of Appeals of Maryland ORDERED that the Boards recommendation be ratified subject to the conditions therein stated on the 28th day of November 2011, unless exceptions to the Boards recommendation of any applicant be filed on or before said date, provided a copy of this Order be published at least one time in the Maryland Register before such ratification. ROBERT M. BELL Chief Judge Court of Appeals of Maryland Filed: October 28, 2011 BESSIE M. DECKER Clerk Court of Appeals of Maryland EXHIBIT A OUT-OF-STATE ATTORNEYS EXAM JULY 2011 Amber, Syh Aji-Mvo, 7307 Goddard Drive, Lanham, MD, 20706 Barry, Kathleen Mary, 5313 Woodfield Lake Road, Cary, NC, 27518 Bennett, Jamie Michele, 8 Creek Side Court, Middle River, MD, 21220 Bridges, Gregory, 1616 N. Calvert Street, Baltimore, MD, 21202 Burke, Rachel Denger, 4917 Jamestown Road, Bethesda, MD, 20816 Caleb, Joseph Patrick Louis, 5210 3rd St., NE, Apt. #T-10, Washington, DC, 20011 Calem, Andrea Rae, 6514 Bradley Blvd., Bethesda, MD, 20817 Cantrell, Constance Helen, 7305 Radnor Road, Bethesda, MD, 20817 Canty, Charles Gregory, 9436 Bluefield Road, Upper Marlboro, MD, 20774 Celestin-Antonin, Lynn Michele, 5366 Smooth Meadow Way, Unit 2, Columbia, MD, 21044 Chuang, Theodore David, 7508 Sebago Road, Bethesda, MD, 20817 Clapman, Alice Joanna, 4411 39th St., NW, Washington, DC, 20016 Cohen, Leslie Ruben, 9632 Trailridge Terrace, Potomac, MD, 20854 Componovo, William Christopher, PO Box 494, Hockessin, DE, 19707 Coppula, Christopher Andrew, 12423 Sky Blue Drive, Germantown, MD, 20874 Crowell IV, James Andrew, U.S. Attys Office, Suite 400, 6500 Cherrywood Ln, Greenbelt, MD, 20770 Cunningham Jr., Robert Joseph, Rees Broome PC, Ninth Floor,8133 Leesburg Pike, Vienna, VA, 22182 Daly Jr., William Patrick, 301 Blair Court, Vienna, VA, 22180 De Jesus, Gilberto, 110 East Northern Parkway, Baltimore, MD, 21212 Feld, Tamara Shari, 3302 Fallstaff Road, Baltimore, MD, 21215 Ferrette, Chelsea Philippa, 931 Farragut Street, NW, Washington, DC, 20011 Finto, Kevin John, Hunton & Williams LLP, 951 E. Byrd Street, Richmond, VA, 23219 Gartland II, Charles Arthur, 1661 La France St. NE, Unit 324, Atlanta, GA, 30307 Gold, Sara Ellen, 8619 Lancaster Drive, Bethesda, MD, 20814 Grannis, Mark Andrew, 1200 Eighteenth St., NW, Suite 1200, Washington, DC, 20036 Hazel, George Jarrod, 14512 Omaha Court, North Potomac, MD, 20878 Heimann, Robin Adele, 1752 Rosaleigh Court, Vienna, VA, 22182 Henderson, Reid Donalan, 1203 Rhode Island Avenue NW, Washington, DC, 20005 Hibey, Michael Kelley, 303 Whitestone Road, Silver Spring, MD, 20901 Hill, Eve Lynne, 1819 N. Hollister Street, Arlington, VA, 22205 Hopkins, Jacqueline Denise, 9200 Bustleton Ave., Apt. 2009, Philadelphia, PA, 19115 Hur, Robert Kyoung, 1219 Clement Place, Silver Spring, MD, 20910 Jackson, Eric Sean, 701 Gleneagles Drive, Fort Washington, MD, 20744 Kelly, Robert Edward, 4541 Saucon Valley Court, Alexandria, VA, 22312 Kieval, Michael Yaakov, 4702 Glenbrook Parkway, Bethesda, MD, 20814 Kling, Virginia A.S., 4610 West Virginia Avenue, Bethesda, MD, 20814 Koenig, Elizabeth Joanna, 13701 Colgate Way, Apt. #1137, Silver Spring, MD, 20904 Lannan III, Robert Woodrow, 8904 Saddle Lane, Potomac, MD, 20854 Larsen, Louis Nikolaus, PO Box 1455, Jensen Beach, FL, 34958 Lebowitz, Donna Sue, 1440 Veteran Ave., #534, Los Angeles, CA, 90024 Mahood, David Raymond, PO Box 315, Savage, MD, 20763 Martin Jr., Jeffery Thomas, 610 Madison Street, #200, Alexandria, VA, 22314 McNichols, John Marcus, 105 E. Oxford Avenue, Alexandria, VA, 22301 Micheel, Douglas Edward, 8410 Grubb Road, Chevy Chase, MD, 20815 Mihalic, Ryan Michael, 20 Ichabod Road, Simsbury, CT, 06070 Miller, Benjamin Mark, 3460 14th St., NW, Apt. #37, Washington, DC, 20010 Milligan, Justin Ogden, 3212 Dynasty Drive, District Heights, MD, 20747 Mirkes, Craig Allen, 4508 Mahan Road, Silver Spring, MD, 20906 Morris, Jennifer Rose, 800 4th Street SW N212, Washington, DC, 20024 Munasifi, Dina Samar, 1301 N. Troy St., Apt. 1201, Arlington, VA, 22201 Naylor, Richard Nash Pratt, 3253 Landria Drive, Richmond, VA, 23225
JUDICIARY 1492 Nazareth-Phelps, Natasha Marina, 1020 Urban Avenue, Durham, NC, 27701 Perlow, Jarrett Benjamin, 9707 Cedar Lane, Bethesda, MD, 20000 Perry, Stephanie L. Terry, 2400 24th Road South, #305, Arlington, VA, 22206 Pitts, James Thurman, 5233 Strathmore Avenue, Kensington, MD, 20895 Powell, Karon Joy, 9315 Frensham Court, Laurel, MD, 20708 Prentiss, Gail Randolph, 8035 Cobble Creek Circle, Potomac, MD, 20854 Renner, Richard Randolph, 921 Loxford Terrace, Silver Spring, MD, 20901 Robins, Ann, 1661 Crescent Place NW, #302, Washington, DC, 20009 Roche, Sean Patrick, 2831 Linden Lane, Falls Church, VA, 22042 Schroth, John Henry, 380 South Military Hwy., Apt. E, Norfolk, VA, 23502 Schultz, Mark Charles, 161 Washington St., Suite 400, Conshohocken, PA, 19428 Shakow, Thomas Edward, 4618 Yuma Street, NW, Washington, DC, 20016 Smith, David Coventry, 7102 Magdalene Court, Easton, MD, 21601 Spotts, Michael Kevin, 300 Colorado Ave., Suite 203, Stuart, FL, 34994 Swank, Sarah Elizabeth, 1701 16th Street, N.W. #638, Washington, DC, 20009 Vernet, Ruth Janet, 7107 Old Stage Road, Rockville, MD, 20852 Whyte, Megan Kathleen, 555 Massachusetts Ave., NW, Unit 1107, Washington, DC, 20001 Wonderlick, David Brian, 8593 Raglan Road, Vienna, VA, 22182
[11-24-27]
No. 02689/10 No. 01853/10 No. 01982/10 No. 02503/10 No. 01374/10 No. 01823/10
Daniel Marshall vs. State of Maryland Ricky Edwards vs. Stephen Fisher, et al. Dana Williams vs. State of Maryland*** Dana Williams vs. State of Maryland*** Tyres Kennard Taylor vs. State of Maryland Mark Elliott Korn vs. Kelly Jo Savage
***Consolidated Cases Courtroom No. 2 No. 00751/10 No. 01791/10 No. 01813/10 No. 02736/10 No. 01915/10 Georgia-Pacific, LLC. f/k/a Georgia-Pacific Corporation vs. Jocelyn Anne Farrar Bryson Murray, a minor et al. vs. Transcare Maryland Inc. et al. Mary Myers vs. Donald Tomanek et al. The Pham Minh Nguyen vs. State of Maryland Council of Unit Owners of the Fairway Courtyards II at Waverly Woods, Condominium, Inc. vs. Courtyards II, LLC et al. Ronald Haibach vs. Nikki Allison OConnell Monday, December 5, 2011 Courtroom No. 1 No. 01115/10 No. 01712/10 No. 01824/09 No. 00538/11 No. 01974/10 No. 02546/10 James J. Flamish vs. Carol D. Flamish West Haven Homeowners Association, Inc. vs. Jeffrey Smith Benjamin Morgan Hawkes vs. State of Maryland James Catler et al. vs. Arent Fox, LLP et al. Louis Brock a/k/a Lewis Brock vs. State of Maryland Katherine T. Tiong vs. State of Maryland Courtroom No. 2 No. 01831/10 No. 01878/10 No. 01280/10 No. 01868/10 No. 01613/10 No. 02716/10 Cherie Ross vs. Housing Authority of Baltimore City Anne Arundel County, Maryland vs. Teamsters Local Union No. 355 et al. Bennett Homes, LLC vs. John O. Thompson et al. Steven F. Ottenstein, Trustee et al. vs. Promenade Towers Mutual Housing Corporation et al. Samuel R. VanSickle vs. K Bank f/k/a Key Bank and Trust Troy Traylor vs. State of Maryland Tuesday, December 6, 2011 Courtroom No. 1 No. 02017/10 No. 01935/10 No. 01941/10 No. 01929/10 No. 00883/11* *8-207(a) Courtroom No. 2 No. 01931/10 No. 01814/10 No. 02235/10 No. 00734/10 No. 01730/10 No. 00682/11 Wayne H. Goss et al. vs. Estate of Bertha Jennings et al. Demetrius Nickens vs. Mount Vernon Realty et al. Marc Lee Weinstein vs. State of Maryland Adam S. Drescher vs. Darian L. Drescher Kyvelle Jamaas Martin vs. State of Maryland Reginald McCraken vs. State of Maryland Gilgem, LLC et al. vs. Stonebridge Bank Calin Constantinescu vs. Annie Constantinescu James Beggs et al. vs. CVS Pharmacy, Inc. et al. Charissa Stumpf vs. Provident Bank In Re: Adoption/Guardianship of NaImah S.
No. 01822/10
COURT OF SPECIAL APPEALS

SCHEDULE FOR DECEMBER 1, 2, 5, 6, 7, 8, 9, 12, 13, 14, AND 15, 2011
Thursday, December 1, 2011 Courtroom No. 1 No. 01876/10 No. 01003/10 No. 01160/11* No. 01928/10 No. 01882/10 *8-207(a) Courtroom No. 2 No. 00836/10 No. 00980/10 No. 01264/10 No. 01884/10 No. 02213/10 Lori L. Andochick vs. Keith A. Lee Jeffrey L. Hurd vs. Eric P. Haberkorn et al. Michael A. Randall et ux. vs. Bradly A. Franzen et ux. Oakmont Green, Inc. vs. Town of Hampstead Travis Everett Jones vs. State of Maryland Friday, December 2, 2011 Courtroom No. 1 No. 00211/10 Rodger Johnson et ux. vs. Queen Annes County Commissioners Phillip Murray, Esq. et al. vs. Indoor Range Operating Company, LLC William Larry Corey vs. Bettie Corey In Re: Adoption/Guardianship of Michael S. Myesha Curtis et al. vs. Tarin Gabrielson et al. Martin Chaikin t/a US Aluminum Co., vs. Janet Athos et al.
JUDICIARY 1493 Wednesday, December 7, 2011 Courtroom No. 1 No. 01940/10 No. 01860/10 No. 01944/10 No. 01907/10 No. 01423/10 Tracy Clayton King vs. Gary Bosley et al. Long Green Valley Association et al. vs. Bellevale Farms, Inc. et al. Theodore Harris vs. University Baptist Church Irving Groat vs. Kristin E. Sundberg et al. Erie Insurance Exchange vs. H. T. Harrison & Sons, Inc. et al. Courtroom No. 2 No. 01983/10 Marisa Milton et al. vs. Alpha Kappa Alpha Sorority, Inc. et al. No. 01629/10 Jackie N. Perry, Jr. vs. State of Maryland No. 01242/11** State of Maryland vs. Konnyack A. Thomas No. 02459/10 Melvin Alford vs. State of Maryland No. 00401/10 Demetrius Smith vs. State of Maryland **120 DAY RULE Thursday, December 8, 2011 Courtroom No. 1 No. 01741/10 No. 01291/11* No. 01571/10 No. 01841/10 No. 01932/10 No. 01642/10 *8-207(a) Courtroom No. 2 No. 00996/11* No. 01820/10 No. 01972/10 No. 01452/10 No. 01786/10 No. 01976/10 *8-207(a) Friday, December 9, 2011 Courtroom No. 1 No. 01975/10 Baltimore No. 02241/10* No. 02497/10 No. 02432/10 No. 02436/10 No. 00837/10 *8-207(a) No. 02079/09 Courtroom No. 2 No. 01735/10 No. 01988/10 No. 01990/10 No. 02016/10 Colonial Distributors, Inc. et al. vs. Dura Supreme, Inc. Noreen Bryan et al. vs. Victory Housing, Inc. et al. Deborah A. Vollmer vs. Montgomery County, Maryland et al. Eric Case vs. Laura Glynn No. 02847/10* No. 02454/10 No. 02479/10 No. 02481/10 No. 02482/10 No. 02544/10 Rahim I. Williams vs. Mayor & City Council of Joanna Davis vs. Michael A. Petito Dontae Yates vs. State of Maryland Dominick Shavaz Williams vs. State of Maryland James Aaron Kimble vs. State of Maryland CSX Transportation Inc. vs. Edward L. Pitts, Sr. In Re: Adoption/Guardianship of Isis Y., Malik Y. and Asia Y. Quewetta Fernando et al. vs. Joel Marrero et al. Board of Appeals, Department of Labor, Licensing and Regulations et al. vs. Kenneth B. Judkin Ginza Japanese Steakhouse No. 5, Inc. et al. vs. McGill Development Limited Partnership No. 3 NAFA USA, INC. vs. Diane P. Tracey et al. Maurice Hill vs. State of Maryland Nail Trix, Inc. et al. vs. Mills-Kan Am Sawgrass Phase 3 Limited Partnership In Re: Jayden G. Tawanda Adeleye vs. Norbert Myslinski Guillermo Aguilera-Tovar vs. State of Maryland Anacostia Riverkeeper et al. vs. Maryland Department of the Environment et al. Hailei Dai vs. Bing Gui No. 00539/10 Jean R. Antoine vs. Jacob Geesing et al. Monday, December 12, 2011 Courtroom No. 1 No. 00225/10 No. 02098/08 No. 01512/10 Silo Point II LLC et al. vs. Benfield Electric Company, Inc. Bryan Lamont Poole vs. State of Maryland Clifton Leroy Phair, Jr. vs. Department of Human Resources, Baltimore City Office of Child Support Enforcement ex rel. Michelle Garnett Ming Xi Zhang vs. State of Maryland Suzanne Shayt et al. vs. City of Gaithersburg et al. Dante Wilson vs. Maryland Department of Human Resources Courtroom No. 2 No. 01683/10 No. 01756/10 No. 01614/10 No. 02924/08 No. 01678/10 No. 02733/10 Maryland Insurance Administration ex rel vs. Tiffany Burton et al. Bruce Ziemann vs. Safeway Stores, Inc. Pamela Potaczek et al. vs. Board of County Commissioners for Charles County Erin Lamont Washington vs. State of Maryland John Trangsrud vs. Prince Georges County Department of vs. Karl Marshall Walker, Jr. vs. State of Maryland Tuesday, December 13, 2011 All cases submitted on brief Courtroom No. 1 No. 01059/10 No. 01661/10 No. 02193/10 No. 02226/10 No. 02228/10 No. 02231/10 No. 02238/10 No. 02246/10 No. 02293/10 No. 02438/10 Mark Phillip French vs. State of Maryland et al. Richard Katz vs. Elizabeth Katz Alan Jay Hetrick vs. State of Maryland John Americo Giorgilli vs. State of Maryland Quintin Ranard Yellowdy vs. State of Maryland Moadian Bratton-Bey vs. State of Maryland Rahymeen J. Barber vs. State of Maryland Ernest Johnson vs. State of Maryland Steven Doby, Sr. vs. State of Maryland Lamont George Smith vs. State of Maryland Courtroom No. 2 No. 01766/10 No. 01584/10 No. 01220/10 No. 01818/09 No. 01621/10 No. 00681/10 No. 01095/10 No. 01360/10 No. 01363/10 Shannon Causion vs. State of Maryland John B. Atcheson vs. Linda E. Atcheson John Trzoniec vs. University of Maryland University College et al. Vincent Jiles Bowen vs. State of Maryland Charles Freeman vs. State of Maryland David Ward Turner vs. State of Maryland Roger Lamont Prophet vs. State of Maryland Garrett Maurice Moreland vs. State of Maryland Ernest Rivers vs. State of Maryland Wednesday, December 14, 2011 All cases submitted on brief Courtroom No. 1 Richard J. Bedingfield vs. Personnel Board of Anne Arundel County Kim Muhammad vs. Scott Muhammad Anthony Shirriel vs. State of Maryland Wesley Torrance Kelly vs. State of Maryland Andre Miller vs. State of Maryland Zjuonta Hammett vs. State of Maryland David Boccabella vs. State of Maryland
No. 01315/10 No. 00894/10 No. 01539/10
JUDICIARY 1494 No. 02679/10 No. 02680/10 *8-207(a) Courtroom No. 2 No. 02817/10* No. 00747/10 No. 00660/10 No. 01480/10 No. 01484/10 No. 02688/10 No. 01541/10 No. 01705/10 No. 01706/10 *8-207(a) Thursday, December 15, 2011 All cases submitted on brief Courtroom No. 1 No. 02731/10 No. 02408/10 No. 02738/10 No. 02785/10 No. 02791/10 No. 02796/10 No. 02946/10 No. 03003/10 No. 03042/10 Richard Carroll Teague, Jr. vs. State of Maryland Tibebe Samuel vs. Bezuayehu Yenefanta Ranard Nichols vs. State of Maryland Paulicia King vs. State of Maryland Warren James Pitts, Jr. vs. State of Maryland William B. Bolton vs. State of Maryland Amit A. Kanasagra vs. State of Maryland Danny Franklin Jones vs. State of Maryland Pernell Matthew McMillan vs. State of Maryland Courtroom No. 2 No. 02590/10 No. 02586/10 No. 00690/10 No. 01725/10 No. 02064/10 No. 02088/10 No. 01892/10 No. 02104/10 No. 02078/10 Anthony McMillian vs. Bobby Shearin, Warden David E. Fuster vs. Shady Grove Adventist Hospital et al. Rommel Saxena vs. Wal-Mart Stores, Inc. et al. Parrish Marcellus Valentine vs. State of Maryland Fletcher Anderson Worrell vs. State of Maryland James Tanner vs. State of Maryland In Re: Kavonte D. Edward W. Smith, Jr. vs. State of Maryland Mary Arung vs. State of Maryland Nathaniel Costley, Sr. vs. Christina Steiner Martial Gaston vs. Correctional Officer Jenkins et al. Shanicole Saphire Burks vs. State of Maryland Carlton Carvel Dixon vs. State of Maryland Dashaun Marquis Elliott vs. State of Maryland Keenan Bunch vs. State of Maryland Wydell Eugene Butler vs. State of Maryland Mark Charles Morris vs. State of Maryland Nicholas Jermaine Harris vs. State of Maryland Wesley Torrence Kelly vs. State of Maryland Earl D. Johnson, Jr. vs. State of Maryland
On the day of argument, counsel are instructed to register in the Office of the Clerk no later than 9 a.m. The Court is located at 361 Rowe Boulevard, in the Robert C. Murphy Courts of Appeals Building. After December, 2011, the Court will recess until January, 2012. LESLIE D. GRADET Clerk ADMINISTRATIVE ORDER Pursuant to Maryland Rule 8-522(a), I hereby direct that oral argument in the month of December be limited to 20 minutes per side, subject to the discretion of the hearing panel to allow additional argument, not exceeding a total of 30 minutes per side. This directive applies only to cases scheduled in December, 2011. Chief Judges signature appears on original Administrative Order Dated: October 24, 2011
[11-24-23]
1495
Emergency Action on Regulations

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

Subtitle 19 DANGEROUS DEVICES AND SUBSTANCES
10.19.03 Controlled Dangerous Substances
Authority: Criminal Law Article, 5-202(b) and 5-203, Annotated Code of Maryland
Regulations .01 .07 under COMAR 10.25.16 Electronic Health Record Incentives. Emergency status began: October 21, 2011. Emergency status expires: March 12, 2012. Editors Note: The text of this document will not be printed here because it appeared as a Notice of Proposed Action in 38:21 Md. R. 13571360 (October 21, 2011), referenced as [11-292-P]. MARILYN MOON, Ph.D. Chair Maryland Health Care Commission
Notice of Emergency Action

[11-232-E]
Subtitle 34 BOARD OF PHARMACY

10.34.32 Pharmacist Vaccinations Administration of
The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to new Regulation .13 under COMAR 10.19.03 Controlled Dangerous Substances. Emergency status began: October 18, 2011. Emergency status expires: April 16, 2012. Editors Note: The text of this document will not be printed here because it appeared as a Notice of Proposed Action in 38:23 Md. R. 11631134 (September 9, 2011), referenced as [11-232-P]. JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene
Authority: Health Occupations Article, 12-101, 12-102(b), 12-508, and 126A-10, Annotated Code of Maryland

[11-313-E]
The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulation .03 under COMAR 10.34.32 Pharmacist Administration of Vaccinations. Emergency status began: October 1, 2011. Emergency status expires: March 28, 2012. Editors Note: The text of this document will not be printed here because it appeared as a Notice of Proposed Action in 38:23 Md. R. 14351436 (November 4, 2011), referenced as [11-313-P]. JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene
Subtitle 25 MARYLAND HEALTH CARE COMMISSION

10.25.16 Electronic Health Record Incentives
Authority: HealthGeneral Article, 19-103(c)(2)(i) and (ii), 19-109(a)(1), 19143(d)(1), (2), (3), and (4)[,] and (i), Annotated Code of Maryland

[11-292-E]
The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to
EMERGENCY ACTION ON REGULATIONS 1496
Title 12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 12 PATUXENT INSTITUTION
12.12.30 Inmate Discipline
Authority: Correctional Services Article, 4-208, Annotated Code of Maryland

[11-329-E]
The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to the repeal of existing Regulations .02.09, .12, .13, .16, .18, .19, .26, .31, .35, and .36, the adoption of new Regulations .02.09, .12, .13, .16, .18, .19, .26, .31, .35, and .36, and amendments to Regulations .15, .17, .20 .25, .27, .30, .32, .33, .34, .37, and .39 under COMAR 12.12.30 Inmate Discipline. Emergency status began: October 20, 2011. Emergency status expires: March 8, 2012. Editors Note: The text of this document will not be printed here because it appears as a Notice of Proposed Action on pages 1518 1540 of this issue, referenced as [11-329-P]. GARY D. MAYNARD Secretary of Public Safety and Correctional Services
Title 14 INDEPENDENT AGENCIES

Subtitle 26 MARYLAND ENERGY ADMINISTRATION
14.26.02 Green Building Tax Credit Program
Authority: Tax-General Article, 10-722, Annotated Code of Maryland
.02 Incorporation by Reference. A. (text unchanged) B. Documents Incorporated. (1) (text unchanged) (2) [LEED Rating System Version 2.0 Including the Project Checklist (Leadership in Energy & Environmental Design, June 2001)] LEED Rating System LEED 2009 (Leadership in Energy & Environmental Design, 2009) including the Project List (Project list is applicable for LEED 2009). (3) [LEED for Existing Buildings/The LEED Green Building Rating System for Improving Building Performance through Upgrades and Operations Version 2.0 Un-balloted Draft for Pilot Program (Leadership in Energy and Environmental Design, January 2002] LEED for Existing Buildings/The LEED Green Building Rating System (tm) for Improving Building Performance Through Upgrades and Operations LEED 2009. (4) [LEED-NC Green Building Rating System for New Construction and Major Renovations Version 2.1 (November 2002] LEED-NC Green Building Rating System for New Construction and Major Renovations LEED 2009. (5) [LEED-EB Green Building Rating System for Existing BuildingsUpgrades, Operations, and Maintenance Version 2 (October 2004)] LEED-EB Green Building Rating System for Existing Buildings Upgrades, Operations, and Maintenance LEED 2009. (6) [LEED-CI Green Building Rating System for Commercial Interiors Version 2 (November 2004)] LEED-CI Green Building Rating System for Commercial Interiors LEED 2009. (7) [LEED-CS Green Building Rating System for Core and Shell Development Un-balloted Draft for Pilot Version (September 2003)] LEED-CS Green Building Rating System for Core and Shell Development LEED 2009. [(8) LEED-NC Green Building Rating System for New Construction & Major Renovations Version 2.2 (October 2005). (9) LEED-EB Green Building Rating System for Existing BuildingsUpgrades, Operations, and Maintenance Version 2 (Updated July 2005). (10) LEED-CI Green Building Rating System for Commercial Interiors Version 2.0 (Updated December 2005). (11) LEED Green Building Rating System for Core & Shell Development Version 2.0 (July 2006).] .04 Green Whole Buildings New Construction: Standards and Methods for Determining Compliance. A. A green whole building, newly constructed, is a building that: (1) Uses not more than 65 percent of the energy attributable to a reference building which meets the requirements of applicable energy efficiency standards under ASHRAE 90.1-1999; and [(2) At a minimum, is certified as meeting the requirements to qualify for a rating of Silver in either the LEED Rating System Version 2.0 or the LEED-NC Version 2.1; (3) Is certified as meeting the requirements to qualify for the following credits in either the LEED Rating System Version 2.0 or the LEED Rating System Version 2.1: (a) Sustainable Sites, Credit 8, Light Pollution Reduction; (b) Water Efficiency, Credit 3.1, Water Use Reduction; and (c) Materials and Resources, Credit 2.1, Construction Waste Management; (4) At a minimum, is certified as meeting the requirements to qualify for a rating of Silver in either the LEED Rating System Version 2.0 or the LEED-NC Version 2.2; and (5) Is certified as meeting the requirements to qualify for the following credits in either the LEED Rating System Version 2.0 or the LEED Rating Version 2.2: (a) Sustainable Sites, Credit 8, Light Pollution Reduction;

[11-331-E]
The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulations .02 and .04, the repeal of existing Regulation .05, amendments to and the recodification of existing Regulations .06 .08 and .10 to be Regulations .05 .07 and .09, respectively, and the recodification of existing Regulation .09 to be .08 under COMAR 14.26.02 Green Building Tax Credit Program. Emergency status began: October 20, 2011. Emergency status expires: December 31, 2011. Comparison to Federal Standards There is no corresponding federal standard to this emergency action. Economic Impact on Small Businesses The emergency action has minimal or no economic impact on small businesses.
EMERGENCY ACTION ON REGULATIONS 1497 (b) Water Efficiency, Credit 3.1, Water Use Reduction: 20 percent reduction; and (c) Materials and Resources, Credit 2.1, Construction Waste Management: Divert 50 percent from disposal.] (2) At a minimum, is certified as meeting the requirements to qualify for a rating of Gold in the LEED Rating System LEED 2009 for New Construction and Major Renovations in the following categories, if the whole building includes green tenant space: (a) Sustainable Sites, Credit 8Light Pollution Reduction; (b) Water Efficiency, Credit 3Water Use Reduction; (c) Materials and Resources, Credit 2Construction Waste Management; and (d) Energy and Atmosphere: Credits 1 through 6, with at least 15 points. B. A green whole building, rehabilitated, is a building that: (1) Uses no more than 75 percent of the energy attributable to a reference building which meets the requirements of applicable energy efficiency standards under ASHRAE 90.1-1999 and, at a minimum, is certified as meeting the requirements to qualify for a rating of Gold in the LEED Rating System LEED 2009 for New Construction and Major Renovations in the following categories, if the rehabilitated space includes green rented space: (a) Sustainable Sites, Credit 8Light Pollution Reduction; (b) Water Efficiency, Credit 3Water Use Reduction; (c) Materials and Resources, Credit 2Construction Waste Management; and (d) Energy and Atmosphere: Credits 1 through 6, with at least 15 points; (2) At a minimum, is certified as meeting the requirements to qualify for a rating of Gold in the LEED Rating System LEED 2009 for Core and Shell Development in the following categories, if the rehabilitated space does not include green tenant space: (a) Sustainable Sites, Credit 8Light Pollution Reductions; (b) Water Efficiency, Credit 3Water Use Reduction; (c) Materials and Resources, Credit 2Construction Waste Management; and (d) Energy and Atmosphere Credits 1 through 6, with at least 15 points; or (3) At a minimum, is certified as meeting the requirements to qualify for a rating of Gold in the LEED 2009 for Existing Buildings: Operations and Maintenance in the following categories, if the rehabilitated space is upgraded to maintain occupancy: (a) Sustainable Sites, Credit 8Light Pollution Reduction; (b) Water Efficiency, Credit 3Water Efficient Landscaping (c) Materials and Resources, Credit 3Sustainable Purchasing Facility Alternations and Additions; and (d) Energy and Atmosphere: Credits 1 through 6, with at least 15 points. [B.] C. (text unchanged) [.06] .05 Green Base Buildings: Standards and Methods for Determining Compliance. [A.][B.] (proposed for repeal) A. A green base building, newly constructed, is a building that: (1) Uses not more than 65 percent of the energy attributable to a reference building that meets the requirements of applicable energy efficiency standards under ASHRAE 90.1-1999; and (2) At a minimum, is certified as meeting the requirements to qualify for a rating of Gold in the LEED Rating System 2009 for Core and Shell Development in the following categories, if the occupancy does not include green tenant space: (a) Sustainable Sites, Credit 8Light Pollution Reductions; (b) Water Efficiency, Credit 3Water Use Reduction; (c) Materials and Resources, Credit 2Construction Waste Management; and (d) Energy and Atmosphere Credits 1 through 6, with at least 15 points. B. A green base building, rehabilitated, is a building that: (1) Uses not more than 75 percent of the energy attributable to a reference building that meets the requirements of applicable energy efficiency standards under ASHRAE 90.1-1999; and (2) At a minimum, is certified as meeting the requirements to qualify for a rating of Gold in the LEED Rating System 2009 for Core and Shell Development in the following categories, if the occupancy does not include green tenant space: (a) Sustainable Sites, Credit 8Light Pollution Reductions; (b) Water Efficiency, Credit 3Water Use Reduction; (c) Materials and Resources, Credit 2Construction Waste Management; and (d) Energy and Atmosphere Credits 1 through 6, with at least 15 points. [.07] .06 Green Tenant Space: Standards and Methods for Determining Compliance. [A green tenant space is a building interior that:] [A.][B.] (proposed for repeal) A. A green tenant space, newly constructed, is a building space that uses not more than 65 percent of the energy attributable to a reference building that meets the requirements of applicable energy efficiency standards under ASHRAE 90.1-1999 and, at a minimum, is certified as meeting the requirements to qualify for a rating of Gold in the LEED Rating System for LEED 2009 for Commercial Interiors in the following categories: (1) Water Efficiency, Credit 1Water Use Reduction; (2) Materials and Resources, Credit 2Construction Waste Management; and (3) Energy and Atmosphere: Credits 1 through 6, with at least 15 points. B. A green tenant space, rehabilitated, is a building space that uses not more than 75 percent of the energy attributable to a reference building that meets the requirements of applicable energy efficiency standards under ASHRAE 90.1-1999 and, at a minimum, is certified as meeting the requirements to qualify for a rating of Gold in the LEED 2009 Commercial Interiors in the following categories: (1) Water Efficiency, Credit 1Water Use Reduction; (2) Materials and Resources, Credit 2Construction Waste Management; and (3) Energy and Atmosphere: Credits 1 through 6, with at least 15 points. [.08] .07 Initial Credit Certificate. [A.][E.] (proposed for repeal) A. On application by a taxpayer, the Administration shall issue an initial credit certificate if the taxpayer has made a showing that the taxpayer is likely, within 3 years of submitting the initial tax credit application, to place in service property for which a credit under this chapter is allowed. B. The Administration may require the taxpayer to provide additional information as necessary. C. In determining the amount of credits, a cost paid or incurred may not be the basis for more than one credit. D. The initial credit certificate shall state: (1) The maximum amount of credit allowable in the aggregate for all credits allowed under this section; (2) The earliest taxable year for which the credit may be claimed; and (3) An expiration date. E. Expiration and Extension of the Initial Credit Certificate. (1) The initial credit certificate shall expire no more than 9 months after the date the property is expected to be placed in service
EMERGENCY ACTION ON REGULATIONS 1498 as stated on the initial credit certificate unless extended by the Administration. (2) The holder of an initial credit certificate may request an extension of the expiration date if the holder: (a) Applies for the extension in writing to the Administration; and (b) Demonstrates that the extension is necessary to avoid undue hardship. F. Abandonment and Reissuance of an Initial Credit Certificate. (1) The Administration may declare an initial credit certificate to be abandoned if: (a) The holder voluntarily returns the initial credit certificate and notifies the Administration that the holder does not intend to construct the property as originally proposed to meet the standards for which the certificate was issued; or (b) The property is not constructed and in service before the expiration of the initial credit certificate and the holder has not demonstrated good cause to issue an extension to avoid undue hardship. (2) Prior to declaring an initial credit certificate abandoned, the Administration will notify the holder in writing, by certified mail, that the Administration intends to declare the certificate abandoned unless the holder demonstrates in writing to the Administration within 2 weeks of the date of the letter that: (a) An extension of the certificate is warranted to avoid undue hardship; and (b) The property can be placed in service within a reasonable time frame. (3) If the Administration declares an initial credit certificate abandoned, the Administration may reissue the initial credit certificate to a new holder that meets the qualifications for issuing an initial credit certificate. (4) The Administration may issue notification that the initial credit certificate is available on a first-come, first-served basis. G. Prior to claiming a tax credit for green buildings and green building components, the taxpayer shall: (1) Provide in writing to the Administration the as-built details of the property related to Tax-General Article, 10-722(c) (h), Annotated Code of Maryland. If such as-built details are identical to what was provided in the initial credit certificate application materials as the basis for the amount of tax credit allowed, the taxpayer shall so indicate in writing to the Administration, rather than providing the as-built details. (2) If the as-built property differs from how the property was represented in the initial tax credit application such that the as-built property is not eligible for the full amount of tax credit stated in the initial credit certificate, MEA shall correct the initial credit certificate to reflect the amount of tax credit allowable based on the as-built project. [.10] .09 Filing. [The taxpayer shall file the eligibility certificate and the initial credit certificate with the taxpayers income tax return] The taxpayer shall file the initial credit certificate and eligibility certificate with the taxpayers income tax return and provide a duplicate copy to the Maryland Energy Administration. MALCOLM D. WOOLF Director Maryland Energy Administration
1499
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. changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows: Regulation 05.02.01.03A(1)(e): It is unnecessary to delete Chapter 11 of the International Residential Code because the requirements of Chapter 11 are the same as the requirements in the International Energy Conservation Code, which is also incorporated by reference. Retaining Chapter 11 does not change any code requirement. .03 Model Performance Code. A. The standards incorporated by reference in Regulation .02-1 of this chapter, and modified as follows, constitute the Model Performance Code for building construction in the State: (1) For industrialized building construction: (a) (d) (proposed text unchanged) (e) International Residential Code for One- and Two-Family Dwellings with the following [[modifications]] modification: [[(i)]] Chapter 1. Delete the Section 102.5 Appendices and replace with the following: 102.5 Appendices: All the provisions in the Appendices are adopted as part of the IRC except those in Appendices E, J, and L; [[(ii) Chapter 11 of the IRC is deleted and replaced with the 2012 International Energy Conservation Code; and]] (f) 2012 International Energy Conservation Code; and (g) The Department encourages home builders to construct new high-performance homes. (2) (proposed text unchanged) B. (proposed text unchanged) RAYMOND A SKINNER Secretary of Housing and Community Development
Title 03 COMPTROLLER OF THE TREASURY

Subtitle 02 ALCOHOL AND TOBACCO TAX
03.02.02 Tobacco Tax
Authority: Tax-General Article, 2-103 and 12-306, Annotated Code of Maryland
Notice of Final Action

[11-134-F]
On October 27, 2011, the Comptroller of the Treasury adopted the repeal of Regulation .08 under COMAR 03.02.02 Tobacco Tax. This action, which was proposed for adoption in 38:19 Md. R. 1150 (September 9, 2011), has been adopted as proposed. Effective Date: November 28, 2011. PETER FRANCHOT Comptroller of the Treasury
Title 05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

Subtitle 02 BUILDING AND MATERIAL CODES
05.02.01 Model Performance Code
Authority: Public Safety Article, 12-20112-204, Annotated Code of Maryland

05.02.02 Maryland Accessibility Code
Authority: Housing and Community Development Article, 2-111 and 3103; Public Safety Article, 12-202; Annotated Code of Maryland

[11-280-F]

[11-268-F-I]
On November 8, 2011, the Secretary of Housing and Community Development adopted amendments to Regulations .01 .04 under COMAR 05.02.01 Model Performance Code. This action, which was proposed for adoption in 38:20 Md. R. 12061207 (September 23, 2011), has been adopted with the nonsubstantive changes shown below. Effective Date: January 1, 2012. Attorney Generals Certification In accordance with State Government Article, 10-113, Annotated Code of Maryland, the Attorney General certifies that the following
On November 8, 2011, the Secretary of Housing and Community Development adopted amendments to Regulations .05, .07, and .08 under COMAR 05.02.02 Maryland Accessibility Code. This action, which was proposed for adoption in 38:20 Md. R. 12071208 (September 23, 2011), has been adopted as proposed. Effective Date: January 1, 2012. RAYMOND A. SKINNER Secretary of Housing and Community Development
FINAL ACTION ON REGULATIONS 1500

05.02.07 Maryland Standards Building Performance
in 38:20 Md. R. 12102013 (September 23, 2011), has been adopted as proposed. Effective Date: November 28, 2011. JOHN R. GRIFFIN Secretary of Natural Resources
Authority: Public Safety Article 12-50112-508, Annotated Code of Maryland
Subtitle 04 BOATING
08.04.10 Certificate of Title
Authority: Natural Resources Article, [[8-704(b), 8-712,]] 8-704(c), 8716, and 8-722, Annotated Code of Maryland

[11-267-F-I]
On November 8, 2011, the Secretary of Housing and Community Development adopted amendments to Regulations .03 and .04 under COMAR 05.02.07 Maryland Building Performance Standards. This action, which was proposed for adoption in 38:20 Md. R. 12081210 (September 23, 2011), has been adopted with the nonsubstantive changes shown below. Effective Date: January 1, 2012. Attorney Generals Certification In accordance with State Government Article, 10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows: Regulation 05.02.07.04C(2): It is unnecessary to delete Chapter 11 of the International Residential Code because the requirements of Chapter 11 are the same as the requirements in the International Energy Conservation Code, which is also incorporated by reference. Retaining Chapter 11 does not change any code requirement. .04 Incorporation by Reference. A. B. (proposed text unchanged) C. Modifications to the 2012 International Residential Code for One- and Two-Family Dwellings: (1) Chapter 1. Delete the Section 102.5 Appendices and replace with the following: 102.5 Appendices: All the provisions in the Appendices are adopted as part of the IRC except those in Appendices E, J, and L. [[(2) Chapter 11 of the IRC is deleted and replaced with the2012 International Energy Conservation Code.]] [[(3)]] (2) [[(5)]] (4) D. E. (proposed text unchanged) RAYMOND A. SKINNER Secretary of Housing and Community Development

[11-253-F]
On October 25, 2011, the Secretary of Natural Resources adopted new Regulation .01, amendments to and the recodification of existing Regulation .01 to be Regulation .02, the repeal of existing Regulation .02, and new Regulations .03.05 under COMAR 08.04.10 Certificate of Title. This action, which was proposed for adoption in 38:19 Md. R. 11541155 (September 9, 2011), has been adopted with the nonsubstantive changes shown below. Effective Date: November 28, 2011. Attorney Generals Certification In accordance with State Government Article, 10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows: Regulations .01, .02, and .05: Corrected authority citation and incorporated minor wording changes from public comment. .01 Titling Documents. A. D. (proposed text unchanged) E. The following documents are required to title a used vessel: (1) (2) (proposed text unchanged) (3) When the vessel was previously [[federally-documented]] federally documented: (a) Copy of the last effective federal certificate of documentation; (b) (d) (proposed text unchanged) .02 Taxable Value of Vessels. A. D. (proposed text unchanged) E. A vessel duly registered in another jurisdiction may use Maryland waters for a cumulative total of 90 days in a calendar year without incurring a vessel excise tax liability. A vessel may remain longer than 90 days without incurring a vessel excise tax liability as long as a greater portion of the year is spent in another single jurisdiction. .05 Abandoned [[Boat]] Vessel Title. A. An application for abandoned [[boat]] vessel title under Natural Resources Article, 8-721 et seq., Annotated Code of Maryland, shall include: (1) (4) (proposed text unchanged) B E. (proposed text unchanged) JOHN R. GRIFFIN Secretary of Natural Resources
Title 08 DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE
08.02.15 Striped Bass
Authority: Natural Resources Article, 4-206 and 4-215, Annotated Code of Maryland

[11-278-F]
On November 8, 2011, the Secretary of Natural Resources adopted amendments to Regulations .06, .07, and .12 under COMAR 08.02.15 Striped Bass. This action, which was proposed for adoption
Subtitle 04 BOATING
08.04.14 Documented Vessels
Authority: Natural Resources Article, [[8-704(b-1)]] 8-704(c) and 8712.1, Annotated Code of Maryland

[11-255-F]
Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 37 WORKFORCE DEVELOPMENT AND ADULT LEARNING
09.37.01 Alternative Ways to Earn a High School Diploma
Authority: Labor and Employment Article, 11-807 and 11-808, Annotated Code of Maryland
On October 25, 2011, the Secretary of Natural Resources adopted amendments to Regulations .01 and .02 under COMAR 08.04.14 Documented Vessels. This action, which was proposed for adoption in 38:19 Md. R. 11561157 (September 9, 2011), has been adopted with the nonsubstantive changes shown below. Effective Date: November 28, 2011. Attorney Generals Certification In accordance with State Government Article, 10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows: Corrected authority citation and minor rewording of Regulation .01C and D. .01 Validation Stickers. A. B. (proposed text unchanged) C. [[Stickers]] Validation stickers expire December 31 of the year following issuance. D. The color of the stickers shall represent the year the decals [[expire. E. Decals shall be colored red,]] expire, with red for stickers that expire in 2012, followed by blue, international orange, and green, in rotation. [[F.]] E. If the validation stickers are defaced, lost, or destroyed, a sworn affidavit to that effect shall be filed within 15 days with the Department by the vessel owner and application made for replacements. A service fee of $1 will be charged for the replacements. JOHN R. GRIFFIN Secretary of Natural Resources

[11-180-F]
On September 30, 2011, the Secretary of Labor, Licensing, and Regulation, in consultation with the State Board of Education, adopted amendments to Regulations .04, .06, .08, .11, .17, and .18 under COMAR 09.37.01 Alternate Ways to Earn A High School Diploma. This action, which was proposed for adoption in 38:16 Md. R. 954955 (July 29, 2011), has been adopted as proposed. Effective Date: November 28, 2011. ALEXANDER M. SANCHEZ Secretary of Labor, Licensing, and Regulation

Subtitle 01 PROCEDURES
10.01.20 Nursing Facility Quality Assessment
Authority: Health-General Article, 19-310.1, Annotated Code of Maryland
Subtitle 18 BOATING SPEED LIMITS AND OPERATION OF VESSELS

08.18.03 Noise Level Limits of Vessels
Authority: Natural Resources Article, 8-725.4, Annotated Code of Maryland

[11-262-F]

[11-277-F]
On November 8, 2011, the Secretary of Natural Resources adopted amendments to Regulations .03 and .08 under COMAR 08.18.03 Noise Level Limits of Vessels. This action, which was proposed for adoption in 38:20 Md. R. 1213 (September 23, 2011), has been adopted as proposed. Effective Date: November 28, 2011. JOHN R. GRIFFIN Secretary of Natural Resources
On October 31, 2011, the Secretary of Health and Mental Hygiene adopted amendments to Regulation .03 under COMAR 10.01.20 Nursing Facility Quality Assessment. This action, which was proposed for adoption in 38:19 Md. R. 11581159 (September 9, 2011), has been adopted as proposed. Effective Date: November 28, 2011. JOSHUA M. SHARFSTEIN Secretary of Health and Mental Hygiene
Subtitle 09 MEDICAL CARE PROGRAMS

10.09.03 Pharmacy Services
Authority: Health-General Article, 2-104(b), 15-103, 15-103.1, 15-105, and 15-118, Annotated Code of Maryland

10.09.06 Hospital Services
Authority: Health-General Article, 2-104(b), 15-103, and 15-105, Annotated Code of Maryland

[11-190-F]

[11-247-F]
On October 31, 2011, the Secretary of Health and Mental Hygiene adopted amendments to Regulations .01, .03.05, .05-1, .06, and .07, under COMAR 10.09.03 Pharmacy Services. This action, which was proposed for adoption in 38:16 Md. R. 955961 (July 29, 2011), has been adopted with the nonsubstantive changes shown below. Effective Date: November 28, 2011. Attorney Generals Certification In accordance with State Government Article, 10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows: Regulation .05-1B: The amendment corrects a drafting error and eliminates a conflict with controlling federal law. .05-1 Expanded Limitations. A. (proposed text unchanged) B. A manufacturer or its designee may not dispute or request repayment of any rebate paid under A(1) of this regulation or under 42 U.S.C. 1396r-8(c) more than [[1 year]] 3 years after the date the rebate was paid. JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene
On October 31, 2011, the Secretary of Health and Mental Hygiene adopted amendments to Regulations .15 and .15-1 under COMAR 10.09.06 Hospital Services. This action, which was proposed for adoption in 38:19 Md. R. 1160 (September 9, 2011), has been adopted as proposed. Effective Date: November 28, 2011. JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene

10.09.10 Nursing Facility Services

[11-257-F]

10.09.06 Hospital Services
On October 31, 2011, the Secretary of Health and Mental Hygiene adopted amendments to Regulations .07, .08, .09, .10, .11-1, .11-2, and .16 under COMAR 10.09.10 Nursing Facility Services. This action, which was proposed for adoption in 38:19 Md. R. 1160 1162 (September 9, 2011), has been adopted as proposed. Effective Date: November 28, 2011. JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene
Subtitle 19 DANGEROUS DEVICES AND SUBSTANCES

10.19.01 Prohibition of Bisphenol-A in Child Care Articles
Authority: Health-General Article, 24-304, Annotated Code of Maryland

[11-248-F]
On October 31, 2011, the Secretary of Health and Mental Hygiene adopted amendments to Regulation .09 under COMAR 10.09.06 Hospital Services. This action, which was proposed for adoption in 38:19 Md. R. 11591160 (September 9, 2011), has been adopted as proposed. Effective Date: November 28, 2011. JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene

[11-246-F]
On November 3, 2011, the Secretary of Health and Mental Hygiene adopted new Regulations .01.05 under a new chapter, COMAR 10.19. 01 Prohibition of Bisphenol-A in Child Care Articles. This action, which was proposed for adoption in 38:19 Md. R. 11621163 (September 9, 2011), has been adopted as proposed. Effective Date: November 28, 2011. JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene

Subtitle 09 WORKERS COMPENSATION COMMISSION
14.09.01 Procedural Regulations
Authority: Health-General Article, 4-303; Labor and Employment Article, 9-307, 9-309, 9-310.2, 9-314, 9-404, 9-405, 9-410, 9-603, 9-625, 9-635, 9689, 9-701, 9-709, 9-710, 9-711, 9-721, 9-731, 9-739, and 9-6A-07; Insurance Article, 19-405 and 19-406; State Government Article, 10-1103; Annotated Code of Maryland
have been reasonably anticipated by the participants in the rulemaking process.
20.50.11 Deanna Camille Green Rule Contact Voltage Survey Requirement and Reporting [[(In Memory of Deanna Camille Green)]]
Authority: Public Utilities Article, 2-113, 2-121, 5-101, and 5-303, Annotated Code of Maryland
.01 .06 (proposed text unchanged) TERRY J. ROMINE Executive Secretary Public Service Commission

[11-258-F]
On October 27, 2011, the Workers Compensation Commission adopted amendments to Regulations .01 and .19 under COMAR 14.09.01 Procedural Regulations to clarify the procedures for reviewing settlements to ensure compliance with the Medicare Secondary Payer Act when settling claims involving future medical benefits. This action, which was proposed for adoption in 38:19 Md. R. 11671168 (September 9, 2011), has been adopted as proposed. Effective Date: November 28, 2011. R. KARL AUMANN Chairman Workers Compensation Commission
Title 30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

Subtitle 06 PUBLIC ACCESS AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM
30.06.03 Protocol
Authority: Education Article, 13-517, Annotated Code of Maryland
Title 20 PUBLIC SERVICE COMMISSION

Subtitle 50 SERVICE SUPPLIED BY ELECTRIC COMPANIES
[11-249-F]

[11-237-F]
On November 8, 2011, the Emergency Medical Services Board adopted amendments to Regulation .01 under COMAR 30.06.03 Protocol. This action, which was proposed for adoption in 38:18 Md. R. 1106 (August 26, 2011), has been adopted as proposed. Effective Date: November 28, 2011. ROBERT R. BASS, M.D. Executive Director Maryland Institute for Emergency Medical Services Systems
On October 28, 2011, the Public Service Commission adopted: (1) Amendments to Regulation .03 under COMAR 20.50.01 General; and (2) New Regulations .01 .06 under a new chapter, COMAR 20.50.11 Deanna Camille Green Rule Contact Voltage Survey Requirement and Reporting. This action, which was proposed for adoption in 38:19 Md. R. 11701172 (September 9, 2011), has been adopted with the nonsubstantive changes shown below. Effective Date: November 28, 2011. Attorney Generals Certification In accordance with State Government Article, 10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows: COMAR 20.50.11: The changes in the new chapter name are corrective and clarifying in nature and are nonsubstantive. This clarification comports with the understanding of all participants and with the Commissions original intent, and such clarification would
Title 34 DEPARTMENT OF PLANNING

Subtitle 04 HISTORICAL AND CULTURAL PROGRAMS
34.04.07 Sustainable Communities Tax Credit Certification
Authority: State Finance and Procurement Article, 5A-303, Annotated Code of Maryland; and Ch. 383, Acts of 2011

[11-265-F]
On November 8, 2011, the Maryland Department of Planning adopted amendments to Regulation .04 under COMAR 34.04.07 Sustainable Communities Tax Credit Certification. This action, which was proposed for adoption in 38:20 Md. R. 1252 (September 23, 2011), has been adopted as proposed. Effective Date: November 28, 2011. RICHARD E. HALL Secretary of Planning
1505
Proposed Action on Regulations

For information concerning citizen participation in the regulation-making process, see inside front cover. Symbol Key Roman type indicates existing text of regulation. Italic type indicates proposed new text. [Single brackets] indicate text proposed for deletion. Promulgation of Regulations An agency wishing to adopt, amend, or repeal regulations must first publish in the Maryland Register a notice of proposed action, a statement of purpose, a comparison to federal standards, an estimate of economic impact, an economic impact on small businesses, a notice giving the public an opportunity to comment on the proposal, and the text of the proposed regulations. The opportunity for public comment must be held open for at least 30 days after the proposal is published in the Maryland Register. Following publication of the proposal in the Maryland Register, 45 days must pass before the agency may take final action on the proposal. When final action is taken, the agency must publish a notice in the Maryland Register. Final action takes effect 10 days after the notice is published, unless the agency specifies a later date. An agency may make changes in the text of a proposal. If the changes are not substantive, these changes are included in the notice of final action and published in the Maryland Register. If the changes are substantive, the agency must repropose the regulations, showing the changes that were made to the originally proposed text. Proposed action on regulations may be withdrawn by the proposing agency any time before final action is taken. When an agency proposes action on regulations, but does not take final action within 1 year, the proposal is automatically withdrawn by operation of law, and a notice of withdrawal is published in the Maryland Register. (4) Establish new procedures for addressing and investigating complaints, charging a licensee, and conducting disciplinary proceedings. Comparison to Federal Standards There is no corresponding federal standard to this proposed action. Estimate of Economic Impact The proposed action has no economic impact. Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small businesses. Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities. Opportunity for Public Comment Comments may be sent to Michele Phinney, Director, Office of Regulations and Policy Coordination, Department of Health and Mental Hygiene, 201 W. Preston Street, Room 512, Baltimore, Maryland 21201, or call 410-767-6499 (TTY 800-735-2258), or email to regs@dhmh.state.md.us, or fax to 410-767-6483. Comments will be accepted through December 19, 2011. A public hearing has not been scheduled. .12 Continuing Education. A. Before relicensure, an individual shall submit satisfactory evidence of having completed a minimum of 40 hours, unless otherwise specified by State or federal law, of continuing education, approved by the Board, within the 2-year period before the relicensure date. The approval of the continuing education shall be at the discretion of the Board. B. The Board shall audit a percentage of nursing home administrators, to be determined by the Board, for each reporting period. C. On request by the Board, a nursing home administrator shall provide full documentation of the credit hours completed in accordance with the requirements of this regulation. D. All continuing education shall be completed in courses approved by the National Association of Long Term Care

Subtitle 33 BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS
10.33.01 Nursing Home Administrators
Authority: Health Occupations Article, 1-606, 9-205, 9-311, 9-313, 9-314, 9-407; State Government Article, 10-226; Annotated Code of Maryland
Notice of Proposed Action

[11-330-P]
The Secretary of Health and Mental Hygiene proposes to repeal existing Regulations .12 and .16, adopt new Regulations .12, .16, and .19.24, amend Regulations .15 .and .17, and recodify existing Regulations .17-1 and .18.22 to be Regulations .18 and .25.29, respectively, under COMAR 10.33.01 Nursing Home Administrators. This action was considered at a public meeting held on September 14, 2011, notice of which was given by publication in 38:18 Md. R. 1115 (August 26, 2011), pursuant to State Government Article, 10-506(c)(1), Annotated Code of Maryland. Statement of Purpose The purpose of this action is to: (1) Establish sanctioning guidelines for the Board of Examiners of Nursing Home Administrators to follow when a licensee is found to have violated the provisions of COMAR 10.33.01 or of the Maryland Nursing Home Administrators Licensing Act; (2) Alter continuing education requirements and to allow continuing education units (CEUs) to be earned by certain means; (3) Establish that a licensee may be disciplined for falsifying continuing education records; and
PROPOSED ACTION ON REGULATIONS 1506 Administrator Boards (NAB), except as provided in E, F and G of this regulation. E. The Board shall award 10 clock hours of continuing education for each completed accredited college credit that falls within the core of knowledge outlined in Regulation .09 of this chapter. F. The Board shall award 1 hour of continuing education for each month a preceptor serves as an instructor in an AIT program, up to a maximum of 12 credit hours per renewal cycle. G. A licensee suspended for disciplinary reasons is not exempt from the continuing education requirement in A of this regulation. .15 Suspension and Revocation of Licenses. A. Pursuant to Health Occupations Article, 9-314(b)(3), Annotated Code of Maryland, the Board may deny a license or limited license to any applicant, suspend or revoke a license of a nursing home administrator, or reprimand or otherwise discipline an applicant or a licensee after due notice and an opportunity to be heard at a formal hearing, upon evidence that the applicant or licensee: (1)(9) (text unchanged) (10) Has failed to oversee and facilitate the nursing [facilities] facilitys quality improvement processes to the extent that the safety, health, or life of any patient has been endangered; (11)(13) (text unchanged) (14) Has engaged in sexual behavior that would be considered unethical or unprofessional according to the professional standards of conduct, including but not limited to: (a)(m) (text unchanged) (n) Offering to provide services, such as drugs, in exchange for sexual favors; [or] (15) Has practiced as a nursing home administrator without holding a license to practice nursing home administration in the State; (16) Has falsified continuing education records; or (17) Has failed to cooperate with investigations, proceedings, and other requirements of the Board. B. (text unchanged) C. A licensee shall notify the Board in writing within 30 days if any license, certificate, permit, or registration granted by another state for the practice of a nursing home administrator has been limited, restricted, suspended, revoked, or subjected to other disciplinary action by the licensing or certifying authority. .16 Complaints and Hearing Procedures. A. Filing of Complaints. Any person, public officer, or association or the Board may submit a complaint against any licensee or AIT for due cause. B. Representation by Counsel. (1) A respondent may be represented by counsel in any matter before the Board and at any stage of the proceedings. (2) If the matter goes to a hearing, a respondent shall be represented by: (a) The respondent; or (b) By an attorney who is: (i) Admitted to the Maryland Bar; or (ii) Specially admitted to practice law pursuant to Maryland Rule 14. (3) An administrative prosecutor assigned to the Board by the Office of the Attorney General shall prosecute disciplinary matters in Board proceedings. (4) The Board may be represented by and obtain advice of counsel assigned to it by the Office of the Attorney General in all proceedings. C. Confidentiality of Proceedings. (1) Except as otherwise provided by law, the proceedings of the Board are confidential. The parties may not waive the confidentiality provided by this regulation. (2) The Office of Administrative Hearings proceedings involving the adjudication of a Board-contested case and the administrative law judges recommended decision are confidential. The respondent may not waive the confidentiality of the proceedings or of the residents whose medical records or care are reflected in the record of the proceedings. (3) To the extent possible, even after a final order is issued by the Board, the parties may not reveal the identity of any residents referred to in the Boards order. D. Investigation of Complaints. (1) On receipt of a complaint, the administrative personnel shall: (a) Send an acknowledgement letter to the complainant; and (b) Present the complaint to the disciplinary subcommittee of the Board. (2) The Boards disciplinary subcommittee shall: (a) Review a complaint over which the Board has jurisdiction; and (b) Make a recommendation to the Board as to the disposition of the complaint. (3) The Board may send a copy of the complaint, either in its entirety or redacted, to the licensee who is the subject of the complaint to obtain a response to the allegations made in the complaint. (4) Participation in review of complaints made to the Board is not a basis for recusal of a Board member, Board counsel, or the administrative prosecutor from further proceedings in the case. (5) The Board may issue subpoenas over the signature of: (a) The Boards executive director; or (b) A Board member. E. Prosecution of Complaint. (1) For each complaint, after reviewing the complaint and any investigative material, the Board, through its disciplinary subcommittee, shall: (a) Close the case; (b) Close the case with a nonpublic informal advisory letter to the licensee; or (c) Vote to take the following disciplinary action or actions: (i) Charge the licensee with a violation or violations of Health Occupations Article, 9-314, Annotated Code of Maryland, or a violation or violations of COMAR 10.33.01.15; (ii) Summarily suspend a license or issue a Notice of Intent to Summarily Suspend; (iii) Deny an application for licensure; or (iv) Issue a cease and desist order. (2) After a vote for disciplinary action or actions, the matter shall be referred to an administrative prosecutor for prosecutorial action. (3) After the administrative prosecutor has drafted the notice or order of the disciplinary action or actions, if acceptable, a Board officer or the Board executive director shall sign the notice or order of the disciplinary action or actions and the licensee, applicant, or individual shall be served. .17 Procedure of Board Hearings. A. (text unchanged) [B.] [D.] (proposed for repeal) B. Charges and Notice of Initial Denial. (1) If the Board issues charges or a notice of initial denial, the document shall be served upon the respondent. (2) Service is completed when the document is: (a) Sent by first-class regular mail; (b) Sent by certified mail to the address the respondent is required to maintain with the Board; or (c) Hand delivered in person.
PROPOSED ACTION ON REGULATIONS 1507 (3) Charges or a notice of initial denial shall: (a) Inform the respondent of the statutory basis for the charges or denial of licensure; (b) Allege sufficient facts which the Board believes constitute a basis for: (i) Violation of the Maryland Nursing Home Administrators Act or COMAR 10.33.01.15; or (ii) Denial of licensure; (c) Notify the respondent of any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time and the consequences of failing to appear for those proceedings or to request a hearing; and (d) Be accompanied by a letter of procedure notifying the respondent of the applicability of the Administrative Procedure Act to the Boards proceedings. (4) If the respondent has not acknowledged receipt of the charges or notice of initial denial, the Board may nevertheless proceed in prosecuting the case if it has complied with B(2) of this regulation. (5) If the Board issues a notice of initial denial to an applicant for a license, the applicant may not withdraw the application without approval of the Board. C. Representation of Parties. All parties appearing at formal hearings shall have the right to appear in person, with counsel, or to be represented by counsel. D. Case Resolution Conference. (1) After service of charges or notice of initial denial, the Board shall offer a respondent the opportunity for a case resolution conference. (2) Matters admitted, revealed, negotiated, or otherwise discussed at a case resolution conference are without prejudice and may not be used by the respondent, administrative prosecutor, or Board in any subsequent proceedings, unless the information is otherwise discovered or available by appropriate means. (3) Recommendations of the case resolution conference committee are not binding on the Board, which may: (a) Accept the proposed resolution; or (b) Modify a proposed settlement. (4) If the respondent and the administrative prosecutor are unable to reach an agreement for settlement that is recommended by the case resolution conference committee, the matter shall proceed to a hearing on the charges or notice of initial denial. (5) Participation in a case resolution conference is not a basis for recusal of a Board member, Board counsel, or Board prosecutor from further proceedings in a case. E.H. (text unchanged) I. Discovery on Request. By written request served on the other party and filed with the Board or the Office of Administrative Hearings, as appropriate, a party may require another party to produce copies of documents intended to be produced at the hearing within 30 days of service. J. Mandatory Discovery. (1) At least15 days before the prehearing conference, if scheduled, or 45 days before the scheduled hearing date, whichever is earlier, each party shall provide to the other party: (a) The name and curriculum vitae of any expert witness who will testify at the hearing; and (b) A detailed written report summarizing the experts testimony, which includes the opinion offered and the factual basis and reasons underlying the opinion. (2) If the Board or the Office of Administrative Hearings, as appropriate, finds that the report is not sufficiently specific, or otherwise fails to comply with the requirements of this section, the testimony of the expert and any report of the expert shall be excluded from the hearing. (3) The Board or the Office of Administrative Hearings, as appropriate, shall consider and decide arguments regarding the sufficiency of the report: (a) At the prehearing conference, if scheduled; or (b) Immediately before the scheduled hearing. (4) If an expert adopts a sufficiently specific charging document as the experts report, that adoption shall satisfy the requirements set forth in this section. (5) Parties are not entitled to discovery of items other than as listed in K(3) and (4) of this regulation. (6) Both parties have a continuing duty to supplement their disclosures of witnesses and documents. (7) Absent unforeseen circumstances which would otherwise impose an extraordinary hardship on a party: (a) If a prehearing conference is scheduled, witnesses or documents may not be added to the list after the prehearing conference; or (b) If no prehearing conference is scheduled, witnesses or documents may not be added to the list later than 15 days before the hearing. (8) The prohibition against adding witnesses does not apply to witnesses or documents to be used for impeachment or rebuttal purposes. (9) Construction. (a) In hearings conducted by an administrative law judge of the Office of Administrative Hearings, this section shall, whenever possible, be construed as supplementing and being in harmony with COMAR 28.02.01. (b) In the event of a conflict between this section and COMAR 28.02.01, this section applies. .19 Sanctions, Hearings, and Final Order. A. Surrender of License. (1) The Board may require conditions for surrender of a license, including: (a) An admission of a violation of the Maryland Nursing Home Administrators Act; (b) An admission of facts; (c) A statement of the circumstances under which the surrender was offered or accepted; (d) Restrictions on future licensure; (e) Conditions for reinstatement of the license; or (f) An agreement that the respondent may not apply for reinstatement of the license. (2) Unless the Board determines that disclosure of the surrender is not in the public interest, a letter of surrender is a: (a) Final order of the Board; and (b) Public record under State Government Article, 10-611, Annotated Code of Maryland. B. Hearings on Charges or Notice of Initial Denial. (1) Hearings shall be conducted under State Government Article, Title 10, Annotated Code of Maryland. (2) The Board may delegate the Boards authority to hear contested cases to the Office of Administrative Hearings on a caseby-case basis. (3) Proceedings may not be open to the public. (4) All records, including the recommended decision, shall be confidential and sealed. (5) If a matter has been delegated to the Office of Administrative Hearings, the administrative law judge presiding over the proceedings shall issue to the Board a recommended decision containing: (a) Proposed or final findings of fact; (b) Proposed or final conclusions of law; (c) A proposed sanction; or
PROPOSED ACTION ON REGULATIONS 1508 (d) Pursuant to the Boards delegation, any combination of B(5)(a)(c) of this regulation. C. Burden of Proof. (1) An applicant or licensee issued a notice of initial denial by the Board has the burden to demonstrate by a preponderance of the evidence that the applicant or licensee is entitled to licensure or other benefit the Board has initially denied. (2) The administrative prosecutor has the burden to demonstrate by a preponderance of the evidence that the licensee has committed a violation or violations of the Maryland Nursing Home Administrators Act. D. Exceptions and Exceptions Hearing. (1) If a matter has been delegated by the Board to the Office of Administrative Hearings, a party may file exceptions to the administrative law judges proposed findings of fact, proposed conclusions of law, and proposed sanction, as set out in the recommended decision, before the Board makes a final decision. (2) Unless otherwise permitted by the Board, within 15 days after the issuance of the recommended decision, or as otherwise specified by the administrative law judge in the recommended decision, either party may file written exceptions with the Board. (3) Unless otherwise permitted by the Board, a partys written exceptions may not be longer than 25 double-spaced pages and shall state with particularity the: (a) Finding of fact; (b) Conclusion of law or other matter excepted to; and (c) Relevant portions of the record supporting the partys exception. (4) Unless otherwise permitted by the Board, within 10 days after a partys exceptions are filed with the Board, the opposing party may file an answer to exceptions. (5) Unless otherwise permitted by the Board, a partys answer to exceptions may not be longer than 25 double-spaced pages and shall state with particularity: (a) A response to an exception; and (b) The relevant portions of the record supporting that response. (6) Unless otherwise permitted, the Board may not consider a partys response to an answer to exceptions. (7) Unless otherwise agreed to by the parties and permitted by the Board, an exceptions hearing shall be scheduled for the next meeting of the Board after receipt of the parties exceptions and any answer to exceptions. (8) Exceptions Hearing. (a) An exceptions hearing shall be held before the Board. (b) The hearing shall be a nonevidentiary hearing to provide the parties with an opportunity for oral argument on the exceptions and answers to exceptions. (c) The Board member presiding at the hearing shall determine all procedural issues and may impose reasonable time limits on each partys oral argument. (d) The presiding Board member shall make rulings reasonably necessary to facilitate the effective and efficient progress of the hearing. (e) The respondent and the administrative prosecutor each may not exceed 30 minutes to present oral argument. (f) The party who filed the exceptions shall proceed first and may reserve part of the allotted time for rebuttal. (9) Unless otherwise agreed to by the parties and permitted by the Board, in an answer to exceptions or in the hearing on exceptions, the parties may not reference any document or other evidence or offer an exhibit that is outside the record of the evidentiary hearing before the administrative law judge. (10) If neither party files exceptions within the time specified in D(2) of this regulation, in making the Boards final decision, the Board shall consider only the: (a) Recommended decision of the administrative law judge; and (b) Record of the evidentiary hearing. E. Board Final Decision and Order. (1) After review of the record and deliberation, the Board shall issue a final order consisting of: (a) Findings of fact; (b) Conclusions of law; and (c) The sanction or disposition to be imposed. (2) On finding that there has been a violation of the Maryland Nursing Home Administrators Act, the Board may order that the: (a) Licensee be: (i) Fined; (ii) Reprimanded; (iii) Placed on probation; or (iv) Subjected to any combination of E(2)(a)(i)(iii) of this regulation; or (b) The licensees license be: (i) Suspended; or (ii) Revoked. .20 Summary Suspension of a License. A. Pursuant to its authority under State Government Article, 10226(c), Annotated Code of Maryland, the Board shall order the summary suspension of a license if the Board determines that there is a substantial likelihood that a licensee poses a risk of harm to the public health, safety, or welfare. B. Notice of Intent to Summarily Suspend. (1) Based on information gathered in an investigation or otherwise provided to the Board, the Board may vote to issue: (a) A notice of intent to summarily suspend a license; or (b) An order of summary suspension. (2) If the Board votes to issue a notice of intent to summarily suspend a license or an order of summary suspension, the Board shall refer the matter to an administrative prosecutor for prosecution. (3) A notice of intent to summarily suspend a license shall include: (a) A proposed order of summary suspension which is unexecuted by the Board and includes: (i) The statutory authority on which the action has been taken; (ii) Allegations of fact that the Board believes demonstrate a substantial likelihood that the licensee poses a risk of harm to the public health, safety, or welfare; and (iii) Notice to the respondent of the right to request a full hearing on the merits of the summary suspension if the Board executes the proposed order of summary suspension; and (b) An order or summons to appear before the Board to show cause why the Board should not execute the order of summary suspension and which notifies the respondent of the consequences of failing to appear. (4) Service. (a) The Board shall serve a respondent with a notice of intent to summarily suspend a license not later than 5 days before a predeprivation show cause hearing is scheduled before the Board. (b) Service of the notice of intent to summarily suspend shall be made: (i) Personally upon the respondent; (ii) By certified mail to the address the respondent is required to maintain with the Board; or (iii) By other reasonable means to effect service.
PROPOSED ACTION ON REGULATIONS 1509 (c) If the Board is unable to serve the notice of intent to summarily suspend a license upon the respondent as described in B(4)(a) and (b) of this regulation, the Board may nevertheless proceed to prosecute the case. C. Predeprivation Opportunity to Be Heard. (1) If the Board issues a notice of intent to summarily suspend a license, the Board shall offer the respondent the opportunity to appear before the Board to show cause why the respondents license should not be suspended before the Board executes the order of summary suspension. (2) A Predeprivation Show Cause Hearing Before the Board. (a) The hearing shall be a nonevidentiary hearing to provide the parties with an opportunity for oral argument on the proposed summary suspension. (b) The Board member presiding at the hearing shall determine all procedural issues and may impose reasonable time limits on each partys oral argument. (c) The presiding Board member shall make rulings reasonably necessary to facilitate the effective and efficient operation of the hearing. (d) The respondent and the administrative prosecutor may not exceed 30 minutes each to present oral argument. (e) The respondent shall proceed first and may reserve part of the allotted time for rebuttal. (3) The Board member who presides at the hearing: (a) May allow either the respondent or the administrative prosecutor to present documents or exhibits which are relevant and material to the proceedings and which are not unduly repetitious, if the presiding Board member believes that the documents or exhibits are necessary for a fair hearing; and (b) May not allow testimony by any witness unless agreed to by the parties and approved by the Board in advance of the hearing. (4) A Board member may be recognized by the presiding member to ask questions of either party appearing before the Board. D. Summary Suspension Without Prior Notice or an Opportunity to Be Heard. (1) Extraordinary Circumstances. The Board may, after consultation with Board counsel, order the summary suspension of a license without first issuing a notice of intent to summarily suspend a license or providing a respondent with an opportunity for a predeprivation hearing if the Board determines that: (a) The public health, safety, or welfare requires the immediate suspension of the license; and (b) Prior notice and an opportunity to be heard are not feasible. (2) Time Service and Hearing. (a) An order of summary suspension under D(1) of this regulation shall be served on the respondent promptly after its execution. (b) The respondent shall be provided an opportunity for a hearing before the Board within 15 days after the effective date of the summary suspension. (3) If the respondent requests a hearing under B(3)(a)(iii) of this regulation, that hearing shall: (a) Be conducted before the Board; and (b) Provide the respondent with an opportunity to show cause why the Board should lift the summary suspension and reinstate the license. E. Burdens of Production and Persuasion. (1) In a show cause proceeding under C of this regulation, the respondent may present argument in opposition to the allegations presented in the order for summary suspension or which otherwise demonstrate that the public health, safety, or welfare is not at risk. (2) The administrative prosecutor bears the burden of demonstrating by a preponderance of the evidence that the health, safety, or welfare of the public imperatively requires the Board to summarily suspend the respondents license. F. Disposition. (1) If the Board issues a notice of intent to summarily suspend a license before summarily suspending a license, the Board may, after the show cause hearing, vote to: (a) Order a summary suspension; (b) Deny the summary suspension; or (c) Issue an order agreed to by the parties. (2) If the Board orders a summary suspension before a show cause hearing, the Board may, at the conclusion of the hearing, vote to: (a) Affirm its order of summary suspension; (b) Rescind the order for summary suspension; or (c) Issue an order agreed to by the parties. (3) An order for summary suspension or other order issued by the Board after the initiation of summary suspension proceedings are final orders of the Board and public records under State Government Article, 10-611, Annotated Code of Maryland. G. Postdeprivation Opportunity for an Evidentiary Hearing. (1) If the Board orders the summary suspension of a license under C or D of this regulation, the respondent shall have an opportunity for an evidentiary hearing before the Board, or, if the Board delegates the matter to the Office of Administrative Hearings, before an administrative law judge. (2) The respondent may request an evidentiary hearing within 10 days after the Board issues the order of summary suspension. (3) Unless otherwise agreed to by the parties, a hearing shall be provided within 60 days after the respondents request. (4) An evidentiary hearing may be consolidated with a hearing on charges issued by the Board that include the facts which form the basis for the summary suspension. (5) An evidentiary hearing shall be conducted under the contested case provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. (6) If the Board delegates the matter to the Office of Administrative Hearings, the administrative law judge shall issue a recommended decision to the Board with: (a) Proposed or final findings of fact; (b) Proposed or final conclusions of law; (c) A proposed disposition; or (d) Any combination of G(6)(a)(c) of this regulation, pursuant to the Boards delegation of the matter to the Office of Administrative Hearings. (7) If the hearing is one combined with charges, the administrative law judges determination of the merits of the summary suspension shall be based only on the parts of the record available to the Board when the Board voted for summary suspension. (8) The parties may file exceptions to the recommended decision, as provided in State Government Article, 10-216, Annotated Code of Maryland. (9) An order issued by the Board after a postdeprivation evidentiary hearing is a final order of the Board and is a public record under State Government Article, 10-611, Annotated Code of Maryland. .21 Probation and Violation of Probation Proceedings. A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board considers appropriate, including but not limited to: (1) Re-education or completion of approved courses; (2) Payment of a fine; (3) Practicing under supervision;
PROPOSED ACTION ON REGULATIONS 1510 (4) Monitoring by the Board or by an individual or entity approved by the Board, with periodic reporting to the Board; (5) An examination by a physician or other appropriate health care provider; (6) Limitation of the licensees practice; (7) Obtaining a passing score on an appropriate examination; or (8) Any other condition the Board considers appropriate for the rehabilitation or retraining of a licensee. B. A term of probation may be defined by a specific period of time or the successful completion of certain conditions or acts by the licensee. C. A licensee seeking termination of probation shall do so only by petitioning the Board to lift the probation when: (1) The specific period of time has passed; and (2) The licensee has successfully completed the conditions or acts required for termination. D. If the Board determines that the licensee is not in compliance with the conditions of probation, the Board shall: (1) Charge the licensee with a violation of probation; (2) Take any action the final order or consent order provides for a violation of probation, including suspension of the license; (3) Summarily suspend the license; or (4) Take any other action the Board considers appropriate and may take by law. E. Charges for Violation of Probation. (1) If the Board issues charges for a violation of probation, the service shall be as provided for in Regulation .17B(2) of this chapter. (2) The charging document for a violation of probation shall: (a) Inform the respondent of the statutory provision, condition of probation, or provision of the Boards order which the Board believes has been violated; (b) Allege facts that constitute a basis for a violation of probation; and (c) Notify the respondent of: (i) Any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time; and (ii) The consequences of failing to appear for those proceedings or to request a hearing. (3) If the respondent requests a hearing on the charge of a violation of probation, the Board shall, before the hearing, provide the respondent with a case resolution conference as provided in Regulation .17C of this chapter, to discuss settlement of the matter. F. Violation of Probation Hearing. A hearing for a violation of probation shall be held as set out in Regulation .17D of this chapter. G. If the Board determines that a respondent has violated probation, the Board shall: (1) Take any action the consent order or final order provides for a violation of probation; (2) Impose additional conditions of probation; or (3) Impose a sanction or take any other action the Board considers appropriate and may take by law. .22 Sanctioning Guidelines. A. General Application of Sanctioning Guidelines. (1) After concluding that a licensee has violated a ground for discipline under Health Occupations Article, 9-314(b), Annotated Code of Maryland, or under COMAR 10.33.01.15A, the Board shall determine the applicable sanction range according to the range of sanctions set forth in B of this regulation. The Board shall then consider the applicable aggravating and mitigating factors, set forth in C of this regulation, to determine whether the sanction should fall outside the indicated range of sanctions. After considering the applicable aggravating and mitigating factors, the Board shall impose the appropriate sanction. (2) The Board is not required to make findings of fact with respect to any of the factors for determining the sanction indicated by the sanctioning guidelines. (3) In the event that a licensees violation of the Boards statutes or regulation does not fall within a sanction range, the Board shall so indicate and use its best judgment to determine the appropriate sanction and consider, to the extent possible, the factors in the sanctioning guidelines. (4) The Board shall state its reasons if it deviates from the sanctioning guidelines. (5) A departure from the sanctioning guidelines alone is not a ground for any hearing or appeal of a Board action. (6) Notwithstanding this regulation, in order to resolve a disciplinary proceeding, the Board and the licensee may agree to a surrender of license or a Consent Order with terms and sanction agreed to by the Board and the licensee. (7) In a case where there are multiple and distinct violations, the Board may impose a sanction greater than the maximum indicated by the sanctioning guidelines for each individual violation. (8) If probation is imposed, the Board may impose appropriate terms and conditions of probation. If a licensee violates the terms or conditions of probation, the Board may take further disciplinary action against the licensee. (9) Pursuant to Health Occupations Article, 9-314.1, Annotated Code of Maryland, if a civil fine is imposed, the fine may not exceed $1,000 for a first violation or $5,000 for any subsequent violation of the same provision.
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PROPOSED ACTION ON REGULATIONS 1511 B. Range of Sanctions. (1) Patient Safety. Sanction Range Severity Least Tier 1 Conduct (a) Committed a violation which resulted in no or little potential harm to a resident; or (b) Made an immediate and significant effort to remedy the violation. (a) Committed a violation which resulted in moderate potential for resident harm; (b) Had been given prior warning of facility errors; (c) Made no significant or immediate attempt to remedy the facility errors; or (d) Failed to oversee a quality improvement process. (a) Committed a violation resulting in actual or potentially serious harm to a resident; (b) Had been given repeated warnings of facility errors; (c) Committed a violation affecting two or more residents; or (d) Was under the influence of alcohol or drugs at the time the licensee committed the violation. A licensee is not competent to practice as a nursing home administrator. Minimum Reprimand Maximum Probation for 2 years
$500 fine and probation for 1 year
2 to
Suspension for 1 year
Maximum fine allowable under A(9) of this regulation, suspension for 2 years, and probation for 3 years Revocation
Greatest
Suspension until Board determines competent
Revocation
(2) Fraud, Deceit, or Misrepresentation. Severity Least 1 Tier Conduct (a) Committed a singular fraudulent or deceptive act, limited in nature; and (b) Neither achieved nor attempted to achieve personal financial or material gain from the violation. (a) Achieved or attempted to achieve a material or financial gain as a result of the fraud, deceit, or misrepresentation. (b) Targeted or harmed residents of the facility administered; (c) Committed multiple acts of fraud or deceit or perpetrated an elaborate scheme involving fraud, deceit, or misrepresentation; (d) Used false impersonation or identification in furtherance of the violation; or (e) Committed a violation in order to obtain a license for the licensee or another. Sanction Range Minimum Reprimand Maximum Maximum fine allowable under A(9) of this regulation and probation for 3 years Revocation
to 2
$500 fine, suspension for 2 years, and probation for 3 years
Greatest
(3) General Misconduct. Severity Least 1 Tier Conduct (a) Made a singular inappropriate sexual comment during the licensees practice as a nursing home administrator; or (b) Committed a violation resulting in no harm or having potentially minimal harm. (a) Has made multiple inappropriate sexual comments not rising to the level of harassment; (b) Was under the influence of alcohol or drugs at the time the licensee committed the violation; or (c) Committed a violation act resulting in a moderate potential for harm. (a) Diverted or stole drugs from a facility or a resident; (b) Committed an act of sexual misconduct involving touching, inappropriate contact, observation, recording, or harassment; (c) Committed or threatened to commit an act of violence; (d) Committed an act resulting in actual harm or the serious potential for harm; (e) Discriminated against a person; or (f) Recorded a resident or residents, without authorization from the resident or residents, using, but not limited to, a camera, phone, or video recorder. Sanction Range Minimum Reprimand Maximum Maximum fine allowable under A(9) of this regulation and probation for 2 years Maximum fine allowable under A(9) of this regulation, suspension for 2 years, and probation for 3 years Revocation
$500 fine, and probation for 1 year
to
$500 fine, suspension for 1 year, and probation for 3 years
Greatest
PROPOSED ACTION ON REGULATIONS 1512 (4) Records Violation Without Fraudulent or Deceitful Intent. Severity Least 1 Tier Conduct Licensee made limited errors in completing or maintaining a residents or the facilitys record, resulting in no harm to a resident. (a) Produced a significant pattern of inaccurate records; (b) Improperly disclosed or authorized the disclosure of confidential medical records without intent to violate the governing confidentiality laws or regulations; or (c) Committed an act of false advertising. Willfully releasing or willfully authorizing the release of confidential medical records to unauthorized recipients. Sanction Range Minimum Reprimand Maximum Reprimand
$500 fine, and probation for 1 year
to
3 Greatest
$500 fine, suspension for 1 year, and probation for 3 years
Maximum fine allowable under A(9) of this regulation, suspension for 1 year, and probation for 3 years Revocation
(5) Administrator-In-Training Violations by Nursing Home Administrator, Severity Least 1 to 2 Greatest (a) Committed an act involving deliberate falsification or deceit; (b) Failed to achieve significant compliance with regulatory requirements of the administrator-in-training program. $500 fine, suspension for 1 year, and probation for 3 years Tier Conduct Licensee failed to fulfill requirements related to the supervising of an administrator-in-training, but was in general compliance. Sanction Range Minimum Reprimand Maximum Maximum fine allowable under A(9) of this regulation and probation for 3 years Revocation
________________________________ C. Aggravating and Mitigating Factors. (1) Mitigating Factors. In determining whether the sanction falls outside the indicated range of sanctions listed in B of this regulation, the Board may consider the following mitigating factors: (a) Absence of a prior disciplinary record; (b) The licensee reported the violation to the Board; (c) The licensee: (i) Voluntarily admitted violation; (ii) Provided full disclosure to the Board; and (iii) Cooperated during Board proceedings; (d) The licensee implemented remedial measures to correct or mitigate harm arising from the violation; (e) The licensee made a timely good-faith effort to make restitution or otherwise rectify the consequences of the violation; (f) Evidence of rehabilitation or potential for rehabilitation; (g) Absence of premeditation to commit the violation; (h) Absence of potential harm to or adverse impact on the public or adverse impact on the public; (i) Isolated incident and not likely to recur; or (j) If the licensee had worked at the nursing facility for a limited period and violation was present before beginning work at the facility. (2) Aggravating Factors. In determining whether the sanction of the licensee falls outside the indicated range of sanctions listed in B of this regulation, the Board may consider the following aggravating factors: (a) Previous criminal or administrative disciplinary history; (b) The violation was committed deliberately or with gross negligence or recklessness; (c) The violation had the potential for, or caused, serious resident harm; (d) The violation was part of a pattern of detrimental conduct; (e) The licensee pursued the licensees financial gain over a residents welfare; (f) The resident was especially vulnerable; (g) The licensee attempted to: (i) Conceal the violation; (ii) Falsify or destroy evidence; or (iii) Present false testimony or evidence; (h) The licensee failed to cooperate with the Boards investigation; or (i) Previous attempts at rehabilitation were unsuccessful. .23 Petitions for Reinstatement of License Following Revocation. A. In order for a revoked license to be reinstated, the individual whose license was revoked shall petition the Board for reinstatement. B. An individual who petitions the Board for reinstatement following the revocation of his or her license may petition for reinstatement only pursuant to the terms of the Boards order revoking the license. The Board may set conditions precedent and a time period for petitioning for reinstatement or may permanently revoke. C. If the Boards order revoking the license does not contain a time period for petitioning for reinstatement, the individual may petition for reinstatement after 3 years from revocation. D. A petitioner for reinstatement shall comply with all reasonable requests for information by the Board. E. The decision of the Board on whether to grant to deny the petition for reinstatement is a discretionary decision by the Board. F. If the Board denies a petition for reinstatement, the Board may set conditions precedent and a time period for further petitions for reinstatement. G. If the Board grants reinstatement, the Board may impose probationary conditions and restrictions along with the reinstatement.
PROPOSED ACTION ON REGULATIONS 1513 .24 Fines. A. This chapter establishes the standards by which the Board may impose a fine not exceeding: (1) $1,000 for a first offense; or (2) $5,000 for any subsequent violation of the same provision. B. After a hearing under Health Occupations Article, 9-314, Annotated Code of Maryland, and COMAR 10.33.01.15, the Board may impose a fine, in addition to, or instead of: (1) Reprimanding a licensee; (2) Placing a licensee on probation; or (3) Suspending or revoking a license. C. In determining whether to impose a fine and the amount of the fine, the Board shall consider the following factors: (1) The cost of investigating and prosecuting the case against the individual; (2) The extent of actual or potential public harm caused by the violation; (3) The extent to which the individual derived a financial benefit from the violation; (4) The history of a previous violation or violations; (5) The willfulness of the improper conduct; and (6) Mitigating factors as presented by the licensee. D. An individual shall pay the fine to the Board under the terms of the Boards order. E. The Board shall pay all money collected under this chapter to the General Fund of the State. F. Unless the Boards order provides otherwise, if an individual fails to pay in whole or in part a fine imposed by the Board, the Board may not restore, reinstate, or renew the license of the individual until the individual pays the fine in full. G. The Board may refer all cases of delinquent payment to the Central Collection Unit of the Department of Budget and Management to institute and maintain proceedings and ensure prompt payment. JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene 2011, pursuant to State Government Article, 10-506(c)(1), Annotated Code of Maryland. Statement of Purpose The purpose of this action is to establish sanctioning guidelines for disciplining a licensee for a violation of COMAR 10.36 or of the Maryland Psychologists Act. Comparison to Federal Standards There is no corresponding federal standard to this proposed action. Estimate of Economic Impact The proposed action has no economic impact. Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small businesses. Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities. Opportunity for Public Comment Comments may be sent to 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 (TTY 800-735-2258), or email to regs@dhmh.state.md.us, or fax to 410-767-6483. Comments will be accepted through December 19, 2011. A public hearing has not been scheduled. .01 Scope. This chapter establishes standards for the imposition of sanctions and monetary penalties for violations of the Maryland Psychologists Act. .02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) Board means the State Board of Examiners of Psychologists. (2) License means a license issued by the Board to practice psychology. (3) Licensee means a psychologist who is licensed by the Board to practice psychology. (4) Penalty means monetary penalty. (5) Sanction means a formal disciplinary action against a license such as a reprimand, probation, suspension, or revocation. .03 Imposition of a Penalty After a Hearing. If the Board finds that there are grounds under Health Occupations Article, 18-313, Annotated Code of Maryland, to suspend or revoke a license or to reprimand a licensee, the Board may impose a penalty as set forth in this chapter: A. Instead of suspending the license; or B. In addition to suspending or revoking the license.
Subtitle 36 BOARD OF EXAMINERS OF PSYCHOLOGISTS

10.36.08 Disciplinary Sanctions and Monetary Penalties
Authority: Health Occupations Article, 1-606, 18-313, and 18-313.1, Annotated Code of Maryland

[11-326-P]
The Secretary of Health and Mental Hygiene proposes to repeal existing Regulations .01.06 and adopt new Regulations .01.06 under COMAR 10.36.08 Disciplinary Sanctions and Monetary Penalties. This action was considered at a public meeting on September 9, 2011, notice of which was given on the Board of Examiners of Psychologists website, http://www.dhmh.state.md.us/psych/index.html, since January 1,
PROPOSED ACTION ON REGULATIONS 1514 .04 Guidelines for Disciplinary Sanctions and Imposition of Penalties. A. Subject to the provisions of this chapter, the Board may impose sanctions and penalties for violations of the Maryland Psychologists Act and its regulations according to the guidelines set forth in the following categories: (1) (2) (3) Violation Assessment violation Violation of child custody evaluation standards Criminally convicted of, or pled guilty to, a felony or crime of moral turpitude Disclosure of confidential information Engaging in dual relationships Exploitation or undue influence of a client Submitting a false statement to collect a fee Fraudulently or deceptively obtaining, attempting to obtain, or using a license Willfully making or filing a false report or record in the practice of psychology Professional incompetence Physical or mental incompetence Improper termination of services Misrepresentation of services or fees Plagiarism Reciprocal discipline Record-keeping violation Sexual misconduct Standard of practice violation not specifically enumerated in this chapter Supervision violation Violation of the Psychology Associate requirements Aiding another to practice without a license or misrepresenting to the public that a person is a licensed psychologist Willfully failing to file or record any report as required under law, willfully impeding or obstructing the filing or recording of the report, or inducing another to fail to file or record the report Failure to cooperate in a Board investigation or comply with a Board order Failure to comply with informed consent requirements Minimum Sanction Reprimand Reprimand Probation for 1 year Maximum Sanction Probation for 1 year Active suspension for 2 years Denial of license application or revocation Revocation Active suspension for 1 year Revocation Revocation Minimum Penalty Maximum Penalty N/A N/A $100 $5,000 $100 $10,000
(4) (5) (6) (7) (8)
Reprimand Reprimand Active suspension for 1 year Probation for 1 year
N/A $500 $1,000 $5,000 $1,000
N/A $5,000 $10,000 $10,000 $10,000
Active suspension for 90 days Denial of license application or revocation Active suspension for 90 days Denial of license application or revocation Reprimand Probation for 1 year Reprimand Reprimand Reprimand Reprimand Reprimand Active suspension for 2 years Reprimand Revocation Denial of license application or revocation Active suspension for 1 year Active suspension for 1 year Probation for 2 years Denial of license application or revocation Probation for 2 years Denial of license application or revocation for 10 years Revocation
(9)
$1,000
$10,000
(10) (11) (12) (13) (14) (15) (16) (17) (18)
$1,000 N/A N/A $500 $500 $100 N/A $5,000 $100
$10,000 N/A N/A $5,000 $5,000 $10,000 N/A $10,000 $10,000
(19) (20) (21)
Reprimand Reprimand Reprimand
Revocation Revocation Denial of license application or revocation
$500 $500 $500
$5,000 $5,000 $5,000
(22)
Reprimand
Revocation
$100
$5,000
(23)
Reprimand
Denial of license application or revocation Probation for 2 years
$100
$10,000
(24)
Reprimand
$100
$1,000
PROPOSED ACTION ON REGULATIONS 1515 (25) Violation of provisions Reprimand regarding duty to commit, treat, or warn Discrimination Reprimand Other violation of the Act not Reprimand specifically enumerated in this chapter Revocation $100 $1,000
(26) (27)
Probation for 2 years Denial of license application or revocation
$100 $100
$1,000 $10,000
________________________________ B. If a licensee is found in violation of more than one category enumerated in this regulation, the category or categories containing the highest maximum sanction and penalty shall control. C. Notwithstanding the guidelines set forth in this regulation, in order to resolve a pending disciplinary action, the Board and licensee may agree to a surrender of license or a consent order with terms, sanction, and penalty agreed to by the Board and the licensee. D. A departure from the guidelines set forth in this regulation alone is not grounds for any hearing or appeal of a Board action. .05 Mitigating and Aggravating Factors to Be Considered in the Assessment of the Sanction. A. Depending on the facts and circumstances of each case, and to the extent that they apply, the Board may consider the following mitigating and aggravating factors in determining whether the sanction in a particular case should fall outside the range of sanctions established by the guidelines. These factors may include, but are not limited to, the following: (1) Mitigating Factors: (a) The licensees lack of a prior disciplinary record; (b) The licensee self-reported the violation to the Board; (c) The licensees full and voluntary admissions of misconduct to the Board and cooperation during Board proceedings; (d) Implementation of remedial measures to correct or mitigate harm arising from the misconduct; (e) Timely good-faith effort to make restitution or to rectify consequences of misconduct; (f) Evidence of rehabilitation or rehabilitative potential; (g) Absence of premeditation to commit the misconduct; (h) Absence of potential harm to public or adverse impact; and (i) The licensees conduct was an isolated incident and not likely to recur; and (2) Aggravating Factors: (a) The licensee has a previous criminal or administrative disciplinary history; (b) The violation was committed deliberately or with gross negligence or recklessness; (c) The violation had the potential for, or caused, serious patient or public harm; (d) The violation was part of a pattern of detrimental conduct; (e) The licensee was motivated to perform the violation for financial gain; (f) The vulnerability of the patient or patients; (g) The licensee lacked insight into the wrongfulness of the conduct; (h) The licensee committed the violation under the guise of treatment; and (i) Previous attempts at rehabilitation of the licensee were unsuccessful. B. The existence of one or more of these factors does not impose on the Board or an Administrative Law Judge any requirement to articulate its reasoning for not exercising its discretion to impose a sanction outside of the range of sanctions set forth in this chapter. C. Nothing in this regulation requires the Board or an Administrative Law Judge to make findings of fact with respect to any of these factors. .06 Payment of a Penalty. A. A licensee shall pay to the Board a penalty imposed under this chapter as of the date the Boards order is issued, unless the Boards order specifies otherwise. B. Filing an appeal under State Government Article, 10-222, Annotated Code of Maryland, or Health Occupations Article, 18316, Annotated Code of Maryland, does not automatically stay payment of a penalty imposed by the Board under this chapter. C. If a licensee fails to pay, in whole or in part, a penalty imposed by the Board under this chapter, the Board may not restore, reinstate, or renew a license until the penalty has been paid in full. D. In its discretion, the Board may refer all cases of delinquent payment to the Central Collection Unit of the Department of Budget and Management to institute and maintain proceedings to ensure prompt payment. E. The Board shall pay all monies collected under this chapter into the States General Fund. JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene
Subtitle 54 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC)
[11-325-P]
The Secretary of Health and Mental Hygiene proposes to: (1) Amend Regulations .03, .04, and .07 under COMAR 10.54.01 Eligibility, Participation, and Benefits; and (2) Repeal existing Regulation .09, adopt new Regulation .09, and amend Regulations .10 and .14 under COMAR 10.54.02 Local Agency. Statement of Purpose The purpose of this action is to amend Marylands WIC regulations to conform with the federal WIC regulations under 7 CFR 246. The revisions include: (1) Adding electronic benefits transfer (EBT) cards to the definition of food instruments to be used for the purchase of WIC authorized food (7 CFR 246.2); (2) Adding types of payments that are excluded from determination of income by federal legislative prohibition (7 CFR 246.7); (3) Altering the definitions of participation data, nutrition education, and nutritional risk (7 CFR 246.2);
PROPOSED ACTION ON REGULATIONS 1516 (4) Shortening the period of time allowed for an individual to provide income documentation (USDA Public Law 105-336, USDA guideline Supplemental Foods Program (SFP) 99-078); (5) Removing certain restrictions on costs for local agencies (7 CFR 246.14); (6) Eliminating an allowance for a local agency to request an exemption for not meeting spending requirements for nutrition education (7 CFR 246.14); and (7) Changing requirements for expenditure reports to a lower frequency, and to be due within a shorter period of time from the end of the quarter being reported (7 CFR 246.16(d)). Comparison to Federal Standards There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent. Estimate of Economic Impact The proposed action has no economic impact. Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small businesses. Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities. Opportunity for Public Comment Comments may be sent to 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 (TTY 800-735-2258), or email to regs@dhmh.state.md.us, or fax to 410-767-6483. Comments will be accepted through December 19, 2011. A public hearing has not been scheduled. (iv) Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes, pursuant to 25 U.S.C. 459(e); (v) Payments received under the Job Training Partnership Act, (29 U.S.C. 1552(b)); (vi) Income derived from the disposition of funds to the Grand River Band of Ottawa Indians, pursuant to Public Law 94-540, 6; (vii) Payments received under the Alaska Native Claims Settlement Act (43 U.S.C. 1626(c)); (viii) The value of assistance to a child or the childs family under the National School Lunch Act (42 U.S.C. 1760(e)), the Child Nutrition Act of 1966 (42 U.S.C. 1780(b)), and the Food Stamp Act of 1977 (7 U.S.C. 2017(b)); (ix) Payments by the Indian Claims Commission to the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation pursuant to 25 U.S.C. 609c-1; (x) Payments to the Passomaquoddy Tribe and the Penobscot Nation or any of their members, received pursuant to the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1725(i) and 1728(c)); (xi) Payments under the Low-Income Home Energy Assistance Act (42 U.S.C. 8624(f)); (xii) Student financial assistance received from a program funded in whole or part under Title IV of the Higher Education Act of 1965, which is used for costs described in 472(1) and (2) of that Act (20 U.S.C. 1087uu), including the Pell Grant, Supplemental Educational Opportunity Grant, State Student Incentive Grants, National Direct Student Loan, PLUS, College Work Study, and Byrd Honor Scholarship programs; (xiii) Payments under the Disaster Relief Act of 1974, as amended by the Disaster Relief and Emergency Assistance Amendments of 1989 (42 U.S.C. 5155(d)); (xiv) Payments received under the Carl D. Perkins Vocational Education Act, as amended by the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990 (20 U.S.C. 2466(d)); (xv) Payments pursuant to the Agent Orange Compensation Exclusion Act (Public Law 101-201, 1); (xvi) Payments received for Wartime Relocation of Civilians under the Civil Liberties Act of 1988 (50 U.S.C. app. 1989b4(f)(2)); (xvii) The value of child care payments made under 402(g)(1)(E) of the Social Security Act, as amended by the Family Support Act (42 U.S.C. 602(g)(1)(E)); (xviii) The value of at-risk block grant child care payments made under 5081 of Public Law 101-508, which amended 402(i) of the Social Security Act; (xix) The value of child care provided or paid for under the Child Care and Development Block Grant Act, 42 U.S.C. 9858(q); (xx) Mandatory salary reduction amount for military service personnel that is used to fund the Veterans Educational Assistance Act of 1984 (GI Bill), as amended (38 U.S.C. 1411(b)); (xxi) Payments received under the Old Age Assistance Claims Settlement Act, except for per capita shares in excess of $2,000 (25 U.S.C. 2307); (xxii) Payments received under the Cranston-Gonzales National Affordable Housing Act, unless the income of the family equals or exceeds 80 percent of the median income of the area (42 U.S.C. 1437f nt); (xxiii) Payments received under the Housing and Community Development Act of 1987, unless the income of the
10.54.01 Eligibility, Participation, and Benefits

Authority: Health-General Article, 18-107(a), Annotated Code of Maryland
.03 Incorporations by Reference. In this chapter, the following are incorporated by reference: A. 42 U.S.C. 1786, as amended; B. 7 CFR 246 [(2001)], as amended; and C. 7 CFR 15, 15a, and 15b [(1995)], as amended. .04 Definitions. A. (text unchanged) B. Terms Defined. (1)(15) (text unchanged) (16) Food instrument means a voucher, check, electronic benefits transfer (EBT) card, coupon, or other document that is used by a participant to obtain supplemental foods. (17) (text unchanged) (18) Income. (a)(b) (text unchanged) (c) Income does not include payments or benefits excluded [by federal legislative prohibition including, but not limited to: (i) Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4636); (ii) Payment to volunteers under Title I (VISTA and others) and Title II (RSVP, foster grandparents, and others) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5044(g)) to the extent excluded by that Act; (iii) Payment to volunteers under 8(b)(1)(B) of the Small Business Act (SCORE and ACE) (15 U.S.C. 637(b)(1)(D));
PROPOSED ACTION ON REGULATIONS 1517 family increases at any time to not less than 50 percent of the median income of the area (25 U.S.C. 2307); (xxiv) Payments received under the Sac and Fox Indian Claims Agreement pursuant to Public Law 94-189, 6; (xxv) Payments received under the Judgment Award Authorization Act, as amended (25 U.S.C. 1407 and 25 U.S.C. 117b(b)); (xxvi) Payments for relocation assistance of members of Navajo and Hopi Tribes, pursuant to 22 U.S.C. 640d-21; (xxvii) Payments to the Turtle Mountain Band of Chippewas, Arizona, pursuant to Public Law 97-403, 9; (xxviii) Payments to the Blackfeet, Grosventre, and Assiniboine Tribes (Montana) and the Papago (Arizona), pursuant to Public Law 97-408, 8(d); (xxix) Payments to the Assiniboine Tribe of the Fort Belknap Indian community and the Assiniboine Tribe of the Fort Peck Indian Reservation (Montana), pursuant to Public Law 98-124, 5; (xxx) Payments to the Red Lake Band of Chippewas, pursuant to Public Law 98-123, 3; (xxxi) Payments received under the Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act (Public Law 99-346, 6(b)(2)); and (xxxii) Payments to the Chippewas of Mississippi, pursuant to Public Law 99-377, 4(b)] under 7 CFR 246.7(d)(2)(iv). (19)(22) (text unchanged) (23) Nutritional risk means: (a)(b) (text unchanged) (c) Dietary deficiencies that impair or endanger health; [or] (d) Conditions that directly affect the nutritional health of an individual, including alcoholism or drug abuse; or [(d)] (e) Conditions that [directly affect nutritional health of an individual,] predispose individuals to inadequate nutritional patterns or nutritionally related medical conditions, including[,] but not limited to [, alcoholism, drug abuse,] homelessness[, or] and migrancy. (24) Nutrition education means individual or group education sessions and the provision of information and educational materials designed to improve health status, achieve positive change in dietary and physical activity habits, and emphasize relationships between nutrition, physical activity, and health, all in keeping with the individuals personal[,] and cultural[, and socioeconomic] preferences. (25)(27) (text unchanged) (28) Participation data means information concerning the number of [individuals]: (a) Individuals who received supplemental foods or food instruments during a reporting period[,and the number of infants]; (b) Infants who received no supplemental foods or food instruments during a reporting period, but who were breastfed by participant breastfeeding women; and (c) Breastfeeding women who did not receive supplemental foods or food instruments but whose infant received supplemental foods or food instruments during the reporting period. (29)(39) (text unchanged) .07 Income Eligibility Determination Process. A.D. (text unchanged) E. Documentation of Income. (1)(3) (text unchanged) (4) A local agency shall deny Program participation to an applicant who fails to provide income documentation within [60] 30 days of the date that the individual applied for Program benefits.
10.54.02 Local Agency

Authority: Health-General Article, 18-107(a) and 18-108, Annotated Code of Maryland
.09 Program Costs General. A local agency may have the following administrative and program services costs: A. Direct costs, as allowed under 7 CFR Part 3016, which are identifiable costs incurred exclusively for the purpose of the Program; and B. Indirect costs, as allowed by 7 CFR Part 3016, which are those costs incurred for a common purpose benefitting more than one program. .10 Allowable Administrative and Program Service Costs. A. Expenditures for Nutrition Education. (1) During each federal fiscal year, a local agency shall use for nutrition education an amount equal to at least 20 percent of the administrative award set forth in B of this regulation. [(2) A local agency may request prior written permission from the State agency to spend less than 20 percent of the administrative and program services expenditures on nutrition education if the local agency can document that a total of funds from other sources and program funds will be expended for nutrition education at an amount equal to 20 percent of the administrative and program services expenditures.] [(3)] (2)[(4)] (3) (text unchanged) B.D. (text unchanged) .14 Records and Reports. A. A local agency shall: (1)(4) (text unchanged) (5) Submit a [monthly] quarterly expenditure report on a form specified by the Department within [50] 30 days after the end of the [month] quarter being reported; (6) Ensure that, for the purposes of an audit, the [monthly] quarterly expenditure report is documented so that it can be traced to its source; and (7) Designate a person who shall certify the [monthly] quarterly expenditure report as to its completeness and accuracy. B.D. (text unchanged) JOSHUA M. SHARFSTEIN, M.D. Secretary of Health and Mental Hygiene
PROPOSED ACTION ON REGULATIONS 1518
Title 12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 12 PATUXENT INSTITUTION
12.12.30 Inmate Discipline
Authority: Correctional Services Article, 4-208, Annotated Code of Maryland

[11-329-P]
The Secretary of Public Safety and Correctional Services proposes to repeal existing Regulations .02.09, .12, .13, .16, .18, .19, .26, .31, .35, and .36, adopt new Regulations .02.09, .12, .13, .16, .18, .19, .26, .31, .35, and .36, and amend Regulations .15, .17, .20.25, .27, .30, .32, .33, .34, .37, and .39 under COMAR 12.12.30 Inmate Discipline. Statement of Purpose The purpose of this action is to update current regulations to align with procedures followed by the Patuxent Institution. Comparison to Federal Standards There is no corresponding federal standard to this proposed action. Estimate of Economic Impact The proposed action has no economic impact. Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small businesses. Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities. Opportunity for Public Comment Comments may be sent to Kristina Donnelly, Administrator, Patuxent Institution, 7555 Waterloo Road Jessup, MD 20794, or call 410-799-3314. Comments will be accepted through December 28, 2011. A public hearing has not been scheduled. .02 Definitions. A. In this subtitle, the following terms have the meanings indicated. B. Terms Defined. (1)Assault means an unlawful or impermissible threat or attempt to do bodily injury to another. (2) Assigned area means a location where an inmate is authorized and permitted. (3) Battery means the unlawful or impermissible touching or striking of an individual by another with or without consent. (4) Business day means a day of the week excluding Saturday, Sunday, State Holiday, or day on which the Division of Corrections administrative offices are closed. (5) Calendar day means a day of a week. (6) Category of Rule Violation means inmate rule violations grouped according to the severity of the offense. (7) CMHC-J means the Correctional Mental Health CenterJessup.
(8) Competent means, when used in reference to a defendant inmate, the inmate is able to: (a) Appreciate and understand the alleged rule violation; and (b) Participate in a disciplinary hearing. (9) Controlled dangerous substance (CDS) means: (a) A substance listed in schedules I through V as defined in Criminal Law Article, 5-101(f) and 5-401 through 5-406, Annotated Code of Maryland; or (b) Other substance not identified in the Annotated Code of Maryland that has psychotropic or hallucinogenic properties. (10) Cumulative witness means an individual who can only testify to facts already in the record of a hearing. (11) Department means the Department of Public Safety and Correctional Services. (12) Disrespect means an act of insolence that is arrogant, presumptuous, impudent, or insulting in manner, or demonstrates a lack of respect, directly or indirectly, toward another individual. (13) Disruptive act means an act that may disturb the peace, prevent the orderly operation, or interfere with or threaten the security of a facility or the community. (14) Escape means: (a) The unlawful or unauthorized absence or departure from a facility or the grounds of a facility by an inmate; (b) The unlawful or unauthorized absence or departure from an assigned area by an inmate while in the community; (c) The unlawful or unauthorized failure to follow or departure from the staff itinerary for travel or movement by an inmate while in the community; or (d) Failure by an inmate to return at a specified time to a place of assignment, custody, or confinement. (15) Facility representative means a staff member designated by the warden, or a designee, to represent the interests of the facility at a preliminary review or hearing. (16) Fraud or misrepresentation means an intentionally false, misleading, or deceptive act or expression or omission. (17) Hearing means a facility inmate disciplinary administrative proceeding. (18) Hearing officer means an impartial, non-advocate, factfinder who presides over a hearing. (19) Hostage means an individual whose freedom of movement is restricted without authority or justification. (20) Indecent exposure means the willful display of the genitals, buttocks, or female breast to another individual as an act of disrespect, vulgarity, or sexual gratification. (21) Informal resolution means the informal process, when there is evidence a rule violation has occurred, by which facility staff or a hearing officer and a defendant inmate reach an agreement to resolve the inmates rule violation charged by either an: (a) Informal disposition where by the inmate has: (i) Waived a hearing and hearing rights for the rule violation charged; (ii) Agreed to accept a sanction in accordance with the procedures of Regulation .39 of this chapter; and (iii) Agreed to the placement of the inmates Notice of Inmate Rule Violation and Disciplinary Hearing form as informal disposition in the inmates case record file, or (b) Incident report whereby the inmate has: (i) Waived a hearing and hearing rights for the rule violation charged; (ii) Agreed that no sanction will be imposed for the rule violation charged; and (iii) Agreed to placement of the inmates Notice of Inmate Rule Violation and Disciplinary Hearing form as an incident report in the inmates case record file.
PROPOSED ACTION ON REGULATIONS 1519 (22) Inmate means an individual who is under commitment to the Director, the federal government, a local government, a municipality, or another state government and is housed in or otherwise in the actual or constructive custody of the Department or Patuxent Institution. (23) Inmate representative means a staff member or inmate permitted in accordance with the procedures of this chapter to represent a defendant inmate during a hearing. (24) May not means an absolute prohibition. (25) Order means a command, direction, or instruction given by staff to an inmate that is consistent with the policies of the Department and Patuxent Institution. (26) Psychiatry staff means a physician who has been issued a license to practice medicine by the Maryland Board of Physician Quality Assurance and who has successfully completed an accredited 4 year residency in psychiatry. (27) Psychology staff means a clinician holding a current license as a psychologist issued by the Maryland Board of Examiners of Psychologists or approved by the Maryland Board of Examiners of Psychologists as a psychology associate. (28) Plea agreement means a settlement arrangement between the defendant inmate and facility representative for a rule violation charged, which implementation is subject to the discretion of the hearing officer. (29) Preliminary review means an initial appearance by a defendant inmate before the hearing officer for the purpose of reviewing the Notice of Inmate Rule Violation and Disciplinary Hearing form. (30) Restitution means payment for documented, reasonable expenses associated with fraud, misrepresentation, or false information; or an illegal, unauthorized, or unreasonable expense incurred to the State; or the repair or replacement of altered, damaged, destroyed, stolen, or missing property, tools, or equipment. (31) Sanitation assignment means an inmate job assignment imposed as a sanction for which neither work credits nor pay is awarded to the defendant inmate. (32) Sexual act means two or more individuals involved in an act for sexual arousal or gratification. (33) Staff means a permanent, contractual, or temporary employee or other individual under contract or agreement providing goods or services to the Department or an agency, facility, or inmate. (34) Special needs inmate means a defendant inmate whose ability to participate in a preliminary review or hearing is affected by illiteracy or a mental health, speech, hearing, or language condition. (35) Telecommunication device means: (a) A device that is able to transmit telephonic, electrical, digital, cellular, or radio communications; (b) A part of a device that is able to transmit telephonic, electrical, digital, cellular, or radio communications, regardless of whether the part itself is able to transmit such communication; or (c) An item including, but not limited to a: (i) Cellular telephone; (ii) Digital telephone; (iii) Picture telephone; (iv) Modem equipped device; and (v) Component of or accessory for the items under B(33)(c) of this regulation, such as a SIM card, Bluetooth equipment, charger, earpiece, or carrying case. (36) Unauthorized Financial Account. (a) Unauthorized financial account means a financial, account other than a spending account or reserve account maintained under Correctional Services Article, 3-609, Annotated Code of Maryland or a bank savings account. (b) Unauthorized financial account includes, but may not be limited to the following: (i) Checking account; (ii) Credit card account; (iii) Green Dot card; (iv) Debit card account; (v) Money order; and (vi) Gift card. .03 Inmate Compliance Requirement and Sanction General. A. An inmate who commits a rule violation under Regulation .04 of this chapter shall be subject to the inmate disciplinary process of the Department or Patuxent Institution. B An inmate shall comply with the rules of: (1) The Department or Patuxent Institution; (2) The facility to which the inmate is assigned; or (3) A program to which the inmate is assigned. C. The rules of conduct of the Department or Patuxent Institution under Regulation .04 of this chapter shall apply to an inmate whether the inmate is on the grounds of a facility, in the community, or another location other than the facility or community. D. Soliciting, conspiring to commit, attempting to commit, or aiding in the commission of a rule violation shall: (1) Constitute a commission of that rule violation; and (2) Subject the defendant inmate to the prescribed sanctions for that rule violation in accordance with the regulations of this chapter. E. Sanctions. (1) To maintain the orderly operation and security of a facility, deter inmate misconduct, and avoid disparate sanctioning of an inmate, the Department or Patuxent Institution shall establish under this chapter specific penalties identified as sanctions to be imposed for an inmate rule violation. (2)Whenever an inmate is released from the custody of the Department or Patuxent Institution, for example, due to a transfer to another jurisdictions custody, mandatory release, detainer, hospitalization, parole supervision, pending legal matter, or mental health treatment and has a balance of disciplinary segregation remaining to serve, the disciplinary segregation period shall: (a) Be stayed upon the inmates release; and (b) Resume upon the inmates return to a Department or Patuxent Institution facility, irrespective of the reason for the return to Department or Patuxent Institution custody including service of a new sentence. (3) Inmate sanctions include: (a) Placement of an inmate on disciplinary segregation; (b) Revocation of good conduct and special projects credit; (c) Suspension of inmate privileges; or (d) Restitution for lost, stolen, altered, damaged, or destroyed property of the State, a person, or an entity. .04 Inmate Rule Violation Summary. A. Category of Inmate Rule Violations. (1) The category for a rule violation is determined by the severity of offense. (2) The categories of rule violations are organized by the level of severity as follows: (a) Category Imost severe; (b) Category II; (c) Category III; (d) Category IV; and (e) Category Vleast severe. B. Category I Inmate Rule Violations. An inmate may not: (1) 100 Engage in a disruptive act; (2) 101Commit assault or battery on staff; (3) 102Commit assault or battery on an inmate;
PROPOSED ACTION ON REGULATIONS 1520 (4) 103 Commit assault or battery on a person who is neither staff or an inmate, be involved in any manner with taking a hostage, or be involved in any manner with the willful killing of another person; (5) 104 Use intimidating, coercive, or threatening language; (6) 105 Possess, use, or manufacture a weapon; (7) 106 Escape when assigned maximum or medium security status; (8) 107Escape when assigned minimum security status; (9) 108Escape when assigned pre-release security status; (10) 109Escape while in the community; (11) 110Possess an implement or article that may be used in an escape; (12) 111Possess or use an unauthorized medication, drug, or substance identified as an intoxicant, excluding alcohol and a controlled dangerous substance from this rule violation; (13) 112Possess or use a drug or controlled dangerous substance; (14) 113Possess or use paraphernalia that may be for the use of an intoxicant, drug, or controlled dangerous substance; (15) 114Possess a controlled dangerous substance, intoxicant, drug, or alcohol in sufficient quantity or packaging materials that suggests an intent to distribute or distribution; (16) 115Refuse or fail to provide a required volume of urine necessary for urinalysis testing or provide a diluted or adulterated urine sample; (17) 116Possess, misuse, tamper with, damage, or destroy security equipment or property, detection equipment, or fire suppression equipment or alarm; (18) 117In any manner, arrange, commit, perform, or engage in a sexual act; (19) 118Make application for, obtain, possess articles or materials for the use of, or use an unauthorized financial account; possess currency in a facility where currency is not permitted; or possess currency in an amount that is greater than fifty dollars in excess of the authorized amount specified by the rules of a facility in which an inmate is permitted to possess currency; (20) 119In any manner, commit, perform, or engage in an act of indecent exposure or masturbation; (21) 120Disobey a specifically cited facility Category I rule not listed in this regulation as a rule violation; (22) 121Possess tobacco in sufficient quantity or the materials necessary for packaging tobacco, or other related products that suggests an intent to distribute or distribution; or (23) 122Possess a telecommunication device, SIM card, battery charger, carry case, or other device or article identified with a telecommunication device. C. Category II Inmate Rule Violations. An inmate may not: (1) 200Vacant; (2) 201Refuse to participate in or engage in behavior that results in removal from the mandatory remediation Regimented Offender Treatment Center program; (3) 202Refuse to participate in or engage in behavior that results in removal from the mandatory Residential Substance Abuse Treatment Program; (4) 203Refuse to participate in or engage in behavior that results in removal from the mandatory education program; (5) 204Refuse to participate in or engage in behavior that results in removal from a mandatory remediation program not cited in the rule violations of this regulation; (6) 205Refuse a required medical examination or test or deoxyribonucleic acid (DNA) sampling collection; or (7) 206Disobey a specifically cited facility Category II rule not listed in this regulation as a rule violation. D. Category III Inmate Rule Violations. An inmate may not: (1) 300Administer or receive a tattoo or possess tattoo paraphernalia; (2) 301Possess or use alcohol without authorization; (3) 302Possess equipment, material, or paraphernalia that may be used for manufacturing alcohol; (4) 303Refuse to submit to alcohol detection testing; (5) 304Possess, use, hoard, or accumulate medication without authorization; (6) 305Violate a law, statute, ordinance, or postal law; (7) 306Gamble or possess gambling paraphernalia; (8) 307Commit an act of extortion, bribery, or coercion; (9) 308Steal State property or possess State property identified as stolen; (10) 309Steal the property of an individual or possess property of an individual identified as stolen; (11) 310Violate a rule of a Department or Division of Correction program or directive that is not listed as a rule violation in this regulation; (12) 311Possess currency in an amount that is greater than $20 but does not exceed $50 in excess of the authorized amount specified by the rules of a facility in which an inmate is permitted to possess currency; (13) 312Interfere with or resist the performance of staff duties to include a search of a person, item, area, or location; or (14) 313Disobey a specifically cited facility Category III rule not listed in this regulation as a rule violation. E. Category IV Inmate Rule Violations. An inmate may not: (1) 400Disobey an order; (2) 401Refuse to work, carry out an assignment, or accept a housing assignment; (3) 402Be in a location without authorization; leave an assigned location without authorization; be absent from or late reporting to an assigned location without authorization; loiter or linger in a location without authorization; or refuse or fail to obey or follow an order or a rule, policy, or procedure for inmate facility movement or inmate travel outside of a facility; (4) 403Provide false information or alter, misrepresent, or forge a document; (5) 404Possess currency in an amount that does not exceed $20 in excess of the authorized amount specified by the rules of a facility in which an inmate is permitted to possess currency; (6) 405Demonstrate disrespect or use vulgar language; (7) 406Possess or pass contraband; (8) 407Perform an unauthorized personal service or conduct an unauthorized business; (9) 408Misuse, alter, tamper with, damage, or destroy State property or property of another; (10) 409Use a telephone without authorization, make a telephone call without authorization, call for a purpose not authorized, or be involved with an unauthorized three way telephone call; (11) 410Disobey a specifically cited facility Category IV rule not listed in this regulation as a rule violation; or (12) 411Possess tobacco in a limited quantity that may suggest personal use and there is no other evidence to suggest an intent to distribute or distribution. F. Category V Inmate Rule Violations. An inmate may not: (1) 500Fail to possess or properly display, as directed by the rules of the facility, a required inmate identification badge; (2) 501Engage in reckless behavior or horseplay; (3) 502Fail to maintain: (a) Personal cleanliness; (b) The cleanliness of the facility and assigned housing area; or
PROPOSED ACTION ON REGULATIONS 1521 (c) The cleanliness of an area outside the facility; or (4) 503Disobey a specifically cited facility Category V rule not listed in this regulation as a rule violation. G. The term disruptive act under B(1) of this regulation shall include: (1) Disorderly conduct; (2) Language use that is disruptive or incendiary; (3) An unauthorized gathering; (4) A demonstration or disturbance; (5) Misuse or damage of property during a disruptive act; (6) Setting a fire; or (7) Possessing or using an explosive or flammable device. H. The term weapon under B(6) of this regulation shall include: (1) An instrument for offensive or defensive combat that may be used in physically threatening, harming, or injuring an individual; and (2) An unauthorized material, substance, article, instrument, or tool that may be manufactured into or used as a weapon regardless of it being used for a purpose other than as a weapon or whether its original character has been altered. I. The term threatening language under B(5) of this regulation shall include: (1) A use of language that implies intimidation, coercion, or a threat of harm toward an individual or property; (2) Regardless of the ability to carry out a threat; and (3) May be conveyed: (a) Verbally; (b) In writing; (c) By gesture; (d) By drawing; or (e) By display or projection of an image. J. The term contraband under E(7) of this regulation shall include property, an article, or a substance (other than a controlled dangerous substance) that an inmate, by law or correctional policy or procedure, is not permitted to possess, pass, or receive and that is: (1) Allowable property that requires registration to be in the possession of an inmate; (2) Otherwise allowable property or an authorized article in an area where an inmate is not permitted to possess or use the authorized article; or (3) Allowable property that is identified as belonging to an individual other than the inmate in possession of the property. K. A charge of battery under B(2), (3) or (4) of this regulation: (1) May not be automatically excused by a claim of selfdefense; and (2) A claim of self-defense may be considered in the disposition of a charge of battery. L. Horseplay. (1) The term horseplay under F(2) of this regulation shall include unauthorized rowdy or rough: (a) Consensual play; (b) Amusement; or (c) Recreation. (2) A claim of the defense of horseplay to a charge that includes intentional physical contact between individuals may not be considered under F(2) of this regulation and shall be considered a battery violation under B(2)(3) or (4) of this regulation. M. A charge of participation in a sex act under B(18) of this regulation may not be excused by a claim of consent. N. A charge of refusal under E(2) of this regulation may not be excused by an unsubstantiated claim of danger or threat of harm. O. The language possess a telecommunication device under B(23) of this regulation shall include an inmate who: (1) Willfully poses for the taking of an unauthorized picture or video recording by an individual using a telecommunication device or camera; and (2) Failed to report the taking of the picture or video recording along with the name of the individual using the telecommunication device or camera to staff. .05 Prehearing Procedures Investigating and Reporting an Inmate Rule Violation. A. Investigation. When an event occurs causing staff to believe that an inmate has committed an inmate rule violation under Regulation .04 of this chapter, staff shall initiate an investigation within one calendar day of the reported event to: (1) Determine the facts and circumstances of the event; (2) Identify the violator; (3) Identify witnesses; and (4) Preserve physical evidence. B. Notice of Inmate Rule Violation and Disciplinary Hearing Form. (1) If there is evidence indicating that an inmates conduct constitutes a rule violation, staff shall utilize the Notice of Inmate Rule Violation and Disciplinary Hearing form to draft a rule violation report and recommend the inmate rule violation to be charged and shall include the: (a) Date and time of the alleged violation; (b) Location of the alleged violation; (c) Identification of an inmate accused of committing a rule violation; (d) Facts of the alleged rule violation; and (e)The inmate rule violation that the shift supervisor should charge. (2) The reporting staff member shall forward the Notice of Inmate Rule Violation and Disciplinary Hearing form to a shift supervisor for review. C. Shift Supervisor Responsibilities. Upon receipt of a Notice of Inmate Rule Violation and Disciplinary Hearing form reporting an inmate rule violation, the shift supervisor shall: (1) Indicate on the Notice of Inmate Rule Violation and Disciplinary Hearing form if there was a use of force involved with the reported event; (2) Indicate on the Notice of Inmate Rule Violation and Disciplinary Hearing form if there was a seizure of contraband involved in the reported event; (3) Review the Notice of Inmate Rule Violation and Disciplinary Hearing form to determine if the case warrants: (a) A hearing; (b) Informal disposition; or (c) Reducing the narrative to an incident report; (4) If the decision is to conduct a hearing, indicate formal hearing in the appropriate place on the Notice of Inmate Rule Violation and Disciplinary Hearing form: (a) The alleged rule violation; and (b) If the alleged violators conduct constitutes a security threat, a recommendation to the shift commander for placement on administrative segregation; (5) Upon completing the Notice of Inmate Rule Violation and Disciplinary Hearing form, forward the completed Notice of Inmate Rule Violation and Disciplinary Hearing form to the shift commander and maintain possession of an attachment and other evidence that staff may have submitted with the Notice of Inmate Rule Violation and Disciplinary Hearing form.
PROPOSED ACTION ON REGULATIONS 1522 D. Shift Commander Responsibilities: Upon receipt of the Notice of Inmate Rule Violation and Disciplinary Hearing form, the shift commander shall: (1) Review the Notice of Inmate Rule Violation and Disciplinary Hearing form to determine if the alleged violator is a threat to security; (2) If the shift commander determines there is a security threat, approve placement of the alleged violator on administrative segregation status; and (3) Complete the appropriate section of the Notice of Inmate Rule Violation and Disciplinary Hearing form regarding the action taken and forward the Notice of Inmate Rule Violation and Disciplinary Hearing form to the shift supervisor. E. Drafting and Serving a Corrected Notice of Inmate Rule Violation and Disciplinary Hearing form. (1) If staff determines that the Notice of Inmate Rule Violation and Disciplinary Hearing form is technically in error or evidentially insufficient after the defendant inmate has been served the Notice of Inmate Rule Violation and Disciplinary Hearing form, staff shall: (a) Draft a new Notice of Inmate Rule Violation and Disciplinary Hearing form that may include the evidentiary information, evidentiary corrections, additional evidentiary information, or technical or formatting corrections; and (b) After completion of the new Notice of Inmate Rule Violation and Disciplinary Hearing form, serve the Notice of Inmate Rule Violation and Disciplinary Hearing form on the defendant inmate. (2) For a minor correction due to an error (for example a name or date or the absence of a signature or date) or new or additional information, staff may rely on a correspondence addressed to the defendant inmate explaining the correction or additional information. (3) If a new Notice of Inmate Rule Violation and Disciplinary Hearing form is drafted, staff shall, if applicable, include in the new draft that it supersedes the previously served Notice of Inmate Rule Violation and Disciplinary Hearing form regarding the reported event and rule violation charged. (4) Staff shall insure that a copy of the new Notice of Inmate Rule Violation and Disciplinary Hearing form or correspondence is present when the defendant inmate appears before the hearing officer. .07 Hearing Procedures General. A. [Due Process.] Waiver. Unless specified otherwise, a defendant inmate who does not exercise, during the inmate disciplinary process, a right provided by due process [is] or fails, at the preliminary review of the inmates Notice of Inmate Rule Violation and Disciplinary Hearing form, to raise a lack of compliance with a time requirement or procedure of a regulation of this chapter or Department or Patuxent Institution directive shall be considered to have waived that right or the claim of a failure to comply with a time requirement or procedure. B. Authority of the Hearing Officer. The hearing officer [shall] may: (1) Weigh the evidence presented and make fact findings for an inmate disciplinary case being heard; (2) Not make a finding of law; [(1)] (3) [Be the final arbiter for hearing proceedings, findings, decisions, and sanctions] Make a determination regarding compliance with a time requirement or procedure under this chapter or a Patuxent Institution directive; and [(2)] (4) [Decide] Determine whether the inmate has committed the rule violation charged and the number [of], [the] period [of], and [the] effective date of [any] sanctions to be imposed. C. The hearing officer shall: (1) Interpret policy and [procedures] procedure; (2) (4) (text unchanged) D. Except where stated otherwise, a hearing officer: (1) (text unchanged) (2) [May not discuss the merits of a pending case with another non-specified individual without all hearing participants present] May discuss a non-evidentiary matter without a hearing participant present that may include: (a) Security or safety; (b) A plea agreement; (c) An informal resolution; (d) A postponement; (e) A time requirement or procedure of a regulation under this chapter or Department or Division of Correction directive; or (f) Representation or witness request; (3) May not discuss without all hearing participants present the evidentiary merits of a pending case, unless otherwise specified in D(1) of this regulation; or (4) May, in the presence of staff necessary for security and safety and without an inmate, question or take testimony from a witness or informant witness whose identity may not be revealed to an inmate or review or examine security sensitive evidence that may include a document, video record, or other record. E. Testimony. (1) (text unchanged) (2) The hearing officer shall use the following oath to swear in [an individual providing testimony] a witness at a disciplinary hearing: Do you solemnly promise and affirm under the penalties of perjury that the testimony you are about to give at this disciplinary hearing shall be the truth, the whole truth, and nothing but the truth? (3) After the administration of the oath, the witness shall provide an affirmative response before being permitted to testify. F. Facility Representative. (1) The warden, or a designee, shall determine [which cases require a] if a pending disciplinary case requires facility [representative] representation. (2) (text unchanged) G. Witnesses. (1) It shall be the responsibility of the defendant inmate or facility representative, and not that of the hearing officer, to call a requested witness as part of the case presentation during a hearing. (2) A witness shall: (a) Not be compelled to appear or give testimony at a hearing; (b) Be permitted to testify if that testimony is not a threat to security or safety; and (c) Provide testimony that is relevant, material, and noncumulative to a hearing. (3) A witness may be questioned by the defendant inmate representative, the defendant inmate in the absence of a representative, or facility representative if the hearing officer determines the question: (a) Not to be disrespectful or offensive; (b) Not to be a threat to security or safety; (c) Not to be repetitive or cumulative; and (d) To be relevant and material. (4) The hearing officer may question a person giving testimony at a hearing. (5) The hearing officer may call a witness to testify or be questioned regarding: (a) An evidentiary matter; (b) A fact in evidence; or (c) A policy, procedure, or practice. H. Facility Hearing Officer. (1) The warden, or a designee, may designate facility staff to act as a hearing officer.
PROPOSED ACTION ON REGULATIONS 1523 (2) A facility hearing officer conducting a hearing shall be empowered with the duties and responsibilities of a hearing officer as enumerated by this chapter. (a) The facility hearing officer may conduct a hearing in the absence of a hearing officer or when a hearing officer is conducting facility hearings. (b) The facility hearing officer shall conduct a hearing in accordance with the procedures of this chapter. I. Preliminary Review. (1) An inmate shall appear before a hearing officer for a preliminary review of the inmates Notice of Inmate Rule Violation and Disciplinary Hearing form. (2) A preliminary review shall be conducted before an evidentiary hearing being held. (3) Matters to be addressed at the preliminary review may include, but are not limited to: (a) A rule violation charged; (b) Representation request; (c) Witness request; (d) Evidence request; (e) Postponement request; (f) A time requirement or procedure in accordance with a regulation of this chapter or Department or Patuxent Institution directive; (g) An attachment to or other evidence submitted with the Notice of Inmate Rule Violation and Disciplinary Hearing form; (h) A plea agreement or informal resolution; and (i) A plea by the defendant inmate to each rule violation charged. (4) At the conclusion of the preliminary review, the hearing officer shall inquire of the hearing participants if the participants are prepared to proceed with a hearing on the rule violation charged. (a) If a hearing participant is not prepared to proceed, the hearing officer shall provide the hearing participants an opportunity to comment on the issue. (b) The hearing officer shall determine the merits of a hearing participants claim of not being prepared to proceed and may postpone the case at the request of a participant. (c) If the hearing officer does not find that a postponement of the proceeding is warranted, the hearing officer shall proceed with a hearing. (d) If a hearing is postponed at the request of a participant, facility staff shall reschedule the hearing for a date when circumstances permit. J. Plea Agreement. (1) The facility representative may negotiate with the defendant inmate a plea agreement for a rule violation charged. (2) The facility representative or defendant inmate is not obligated to offer or accept a plea agreement. (3) The plea agreement shall be presented to the hearing officer during the preliminary phase of a hearing. (4) A hearing officer is not obligated to accept a plea or sanction negotiated through a plea agreement. (5) A plea agreement shall include: (a) The waiver of a hearing and hearing rights by the defendant inmate; (b) A recommendation to the hearing officer regarding the period and sanctions to be imposed; (c) The hearing officer shall, before entering a guilty plea, advise the defendant inmate that: (i) The hearing officer is not obligated to accept the sanction recommended under the plea agreement; (ii) The hearing officer may increase the period of the recommended sanction; or (iii) The hearing officer and warden may impose an additional sanction; and (d) A voluntary plea of guilty is entered into the hearing record by the defendant inmate to a rule violation charged. (6) The hearing officer upon accepting a plea of guilty shall determine a sanction to impose. (7) In the absence of a plea agreement, the hearing officer shall: (a) Continue with the preliminary review; or (b) Proceed to the evidentiary phase of the hearing if the preliminary review has been completed. K. Informal Resolution. (1) A shift supervisor or hearing officer on review of a Notice of Inmate Rule Violation and Disciplinary Hearing form may offer a defendant inmate an informal resolution in lieu of a hearing for a rule violation charged under Regulations .06 and .16 of this chapter. (2)The offer to the defendant inmate of an informal resolution may only be made when the offense charged is a: (a) Category IV rule violation; or (b) Category V rule violation. (3) Upon discovery that an informal resolution action is not in compliance with the procedures of this regulation, Regulation .06 or .16 of this chapter, the warden, or a designee, may remand the matter to a hearing officer for further action. (4) The hearing officer upon receipt of a remanded informal resolution action shall: (a) Determine if there was an error in the informal resolution action; (b) Conduct a preliminary review and hearing of the rule violation charged if finding an error in the informal resolution process did occur; and (c) If finding no error occurred affirm the informal resolution action in a written decision. L. Inmate Handcuffing. (1) For the purposes of maintaining security, control, and safety during a hearing, inmate hearing participants shall be handcuffed. (2) The defendant inmate shall be handcuffed from behind unless prohibited by a documented medical reason. (3) If security staff determines that security, control, and safety permits or due to a documented medical reason, an inmate representative or witness may be handcuffed from the front. M. Forfeiture of Property. (1) Unauthorized property, to include property whose ownership cannot be determined, authorized property used for unauthorized purposes, and unauthorized currency found in the possession of an inmate, may be forfeited to the State. (2) The policy and procedures of a facility, directive, or regulation of the Department or Patuxent Institution shall determine what property is unauthorized for an inmate to possess and may be forfeited to the State. (3) An inmate under the requirements of this chapter may not possess currency in: (a) A facility not permitting an inmate to possess currency; (b) Excess of the amount of currency permitted by the rules of a facility permitting an inmate to possess currency; or (c) Violation of a policy, procedure, or directive or regulation of the Department or Patuxent Institution. (4) Unauthorized property in the possession of an inmate may be referred for forfeiture and disposal by a facility through the inmate disciplinary process as enumerated under this chapter. (5) Forfeiture of property under the procedures of this chapter is an administrative disposition by a hearing officer and may not be imposed as a sanction.
PROPOSED ACTION ON REGULATIONS 1524 (6) A disciplinary hearing conducted under the procedures of this chapter may authorize the forfeiture of property under the following conditions: (a) Facility staff shall provide to a defendant inmate, prior to the inmates disciplinary hearing, required notice in a format approved by the Department or Patuxent Institution advising the defendant inmate that the property is: (i) Confiscated; and (ii) Recommended for forfeiture to the State. (b) A hearing officer shall, during the defendant inmates disciplinary hearing, where forfeiture of property has been requested by a facility, advise the inmate of the forfeiture request and permit the inmate the opportunity to address the matter of forfeiture. (c) After making a decision regarding the defendant inmates rule violations charged, the hearing officer shall advise the inmate of the forfeiture disposition regarding the unauthorized property and: (i) If the hearing officer concludes the defendant inmate possessed unauthorized property of value in violation of a policy or procedure of a facility, directive, or regulation of the Department or Patuxent Institution, the written record of the proceedings shall include documentation of the property to be forfeited to the State for the use of or sale by the State; (ii) If the hearing officer concludes the defendant inmate possessed unauthorized property of little or no value in violation of a policy or procedure of a facility, directive, or regulation of the Department or Patuxent Institution, the written record of the proceedings shall include documentation of the property to be forfeited to the State and referred to the facility for disposal of the property under the facilitys procedures for the disposal of unauthorized property; and (iii) In the event a hearing officer finds a defendant inmate not guilty or dismisses the charge and determines the inmate is not permitted to possess the property or cannot determine ownership of the property, the hearing officer shall forfeit the property to the State as enumerated under M(6)(c)(i) and (ii) of this regulation. (7) Property Ownership. (a) A hearing officer, before the conclusion of a disciplinary hearing, shall make a determination of property ownership before rendering a forfeiture disposition. (b) When determining property ownership and potential forfeiture of that property, a hearing officer shall consider if the defendant inmate found in possession of the property can or cannot prove ownership of the property. (i) If the hearing officer can determine through the evidence presented at the disciplinary hearing that the inmate had authorized ownership of the property, but the property was being used for an unauthorized purpose, the hearing officer shall forfeit the property to the State as established under M(6)(c)(i) and (ii) of this regulation. (ii) If the hearing officer determines through the evidence presented during the disciplinary hearing that the inmate possessed unauthorized property and the rightful ownership of that property cannot be determined, the hearing officer shall forfeit that property to the State as established under M(6)(c)(i) and (ii) of this regulation. (iii) If the hearing officer is able to determine through the evidence presented during the disciplinary hearing that the property in the defendant inmates possession belonged to another person without the authorization of that person, the hearing officer shall make a disposition that the property be returned to the rightful owner. (iv) If the hearing officer is able to determine through the evidence presented during the disciplinary hearing that the property in the defendant inmates possession belonged to another person with the permission of that person, the hearing officer shall refer the property to the facility for investigation and appropriate action taken against the person authorizing the defendant inmate to possess the property and the property shall be forfeited to the State. (c) Currency Ownership. (i) If an inmate is found in possession of unauthorized currency and no other individual can claim rightful ownership, the hearing officer shall forfeit that currency to the State as established under M(6)(c)(i) and (ii) of this regulation. (ii) If an inmate is found in possession of unauthorized currency and the hearing officer determines that the currency was the property of an individual who did not authorize the defendant inmate to possess the currency, the hearing officer shall make a disposition that the currency is to be returned to the rightful owner. (iii) If the hearing officer determines that the rightful owner of the unauthorized currency found in the possession of the defendant inmate knowingly transferred the currency to the defendant inmate, the hearing officer shall refer the currency to the facility for investigation and appropriate action to be taken against the transferring individual and the currency shall be forfeited to the State. (8) A warden, or a designee, may not disturb a hearing officers disposition regarding unauthorized property, but may appeal that disposition to the Director, or a designee, to determine if the disposition is in compliance with this regulation. (9) An appeal under M(7) of this regulation shall suspend the property disposition until a decision is made by the Director, or a designee, as to the propriety of the hearing officers decision concerning forfeiture. N. Security Sensitive Information. (1) When preparing a disciplinary case based on a defendant inmates conduct in an event, facility staff before providing information to a defendant inmate through a Notice of Inmate Rule Violation and Disciplinary Hearing form, record, report, document, or other form of evidence, shall evaluate and determine if that information is security sensitive. (a) To determine if information is security sensitive, facility staff shall consider the potential negative impact divulging the information could have on facility security operations or intelligence gathering, the Department or Patuxent Institution investigation methods and techniques, public safety, or an individual providing the information. When determining if information is security sensitive, facility staff may consider that the information: (i) Was provided by an inmate informant or individual whose identity, if revealed, would be harmful to the safety or security of that inmate or individual; (ii) Reveals the method, technique, or factual detail of a security or intelligence investigation; (iii) Would reveal to the defendant inmate the method, quality, and extent of coverage from facility security monitoring equipment or systems; (iv) Relates to or reveals facility security staffing plans, emergency plans, or security operations; or (v) Was obtained by a law enforcement agency, a State or federal intelligence office or unit, or the Departments Internal Investigation Unit. (b) If facility staff have a reasonable belief that releasing the information arising from an investigation of a defendant inmates conduct in an event would compromise facility security operations or intelligence gathering, the Department or Patuxent Institution investigation methods and techniques, public safety, or an individual providing the information, facility staff shall present the information to a shift supervisor for evaluation as to whether the information is security sensitive.
PROPOSED ACTION ON REGULATIONS 1525 (c) A shift supervisor, notified under N(1)(b) of this regulation, shall: (i) Evaluate the information in terms of being security sensitive as provided under N(1)(a) of this regulation; (ii) If there is a reasonable belief that the information is security sensitive, classify the information as security sensitive; and (iii) Document the rationale for classifying the information as security sensitive. (d) Once a shift supervisor classifies information as being security sensitive, facility staff may not provide a defendant inmate with the information classified as security sensitive. (2) Hearing Officer Review. (a) A hearing officer shall review information classified as security sensitive under N(1) of this regulation. (b) The hearing officer shall determine if the classification of the information as security sensitive is in accordance with the requirements of this regulation. (i) If the hearing officer determines that the information has been properly classified as security sensitive, the hearing officer shall inform the defendant inmate that the information is security sensitive and is not available to the defendant inmate as enumerated under the procedures of Regulation .26 of this chapter. (ii) If raised by the defendant inmate, the hearing officer shall provide the hearing participants the opportunity to address the merits of the classification of the information as security sensitive. (iii) After discussing a security sensitive classification of information under N(2)(b)(ii) of this regulation, the hearing officer shall advise the hearing participants as to a decision regarding the merits of the classification of the information as being security sensitive. (c) A hearing officer may not reveal information deemed classified as security sensitive under the provisions of this regulation. (d) If a hearing officer does not determine that the information is security sensitive, the hearing officer shall: (i) Postpone the defendant inmates disciplinary hearing; (ii) Refer the information classified as security sensitive by the shift supervisor to the Director, or a designee, through the facility representative or hearing coordinator for a review as to whether or not the information is security sensitive; and (iii) Provide the Director, or a designee, a written explanation as to the reasons the hearing officer did not determine the information is security sensitive. (e) A postponement of the defendant inmates disciplinary hearing for the review by the Director, or a designee, is good cause for the delay of the defendant inmates disciplinary hearing. (f) Once a decision by the Director, or designee, regarding the classification of the information as security sensitive has been received by the facility, the defendant inmates disciplinary hearing shall be rescheduled. (g) When the defendant inmates disciplinary hearing resumes, the facility representative or hearing coordinator shall provide a hearing officer the Directors, or a designees, decision as to the classification of the information as security sensitive. (h) If the Director or a designee determines the information not to be security sensitive, the hearing officer shall upon the defendant inmates appearance before the hearing officer present that information to the inmate as enumerated under the procedures of Regulation .24 of this chapter. (3) Presentation of Security Sensitive Information at a Hearing. (a) The hearing officer shall inform a defendant inmate of the presence of security sensitive information at a hearing. The hearing officer may: (i) Not provide detail regarding investigation methods or techniques used to obtain the security sensitive information, the specific content of security sensitive information, or from whom the security sensitive information security sensitive was obtained; and (ii) May summarize the content of the security sensitive information that specifically constitutes the rule violation charged as long as that summary does not compromise security or safety. (b) The specific content and details of information obtained through a facility security monitoring system may not be revealed to a defendant inmate, however, the hearing officer may summarize for the defendant inmate the security sensitive information that specifically constitutes the rule violation charged as long as that summary does not compromise security or safety. (c) The hearing officer may provide a defendant inmate with specific content information from a document the defendant inmate authored. (d) A hearing officer may not provide a defendant inmate with information for review that constitutes security operations: (i) Directive; (ii) Policy; (iii) Procedure; (iv) Photographic record not classified for inmate examination; or (v) Other material, file, record, or document not classified for inmate examination. (e) A hearing officer may summarize for a defendant inmate security operations material, file, record, or document not classified for inmate examination that have been deemed relevant to the outcome of a hearing as long as that summary does not reveal the specific content of the security sensitive information under review. (f) When a hearing officer is presented security sensitive information obtained from a confidential informant, the hearing officer shall ensure compliance with the procedures as enumerated under Regulation .21 of this chapter. (4) When issuing a written decision that includes security sensitive information, a hearing officer shall summarize for the record the security sensitive information relied on in the process of rendering a decision and ensure that the summary does not reveal the content of that security sensitive information. (5) Post Hearing Procedures. (a) A facility representative or hearing coordinator, at the conclusion of a defendant inmates hearing, shall forward, with the records of the defendant inmates hearing, evidence identified as security sensitive to the facility warden for the wardens, or a designees, review of the hearing officers decision. (b) The warden after the review of a defendant inmates disciplinary case shall ensure that security sensitive information presented at the defendant inmates disciplinary hearing is returned to the facility staff responsible for the storage and preservation of the information and not be placed in the defendant inmates case record file. (c) Security sensitive information presented at a defendant inmates hearing shall be preserved by a facility. .08 Prehearing Procedures Facility Representative. A. The facility representative assigned to an inmate rule violation case as a hearing participant shall: [A.] (1) Prepare the facilitys case for presentation at the hearing that may include, but is not limited to: (a) Reviewing a facility disciplinary case for evidentiary sufficiency; (b) Correcting a technical, procedural, evidentiary, or formatting error found in a Notice of Inmate Rule Violation and Disciplinary Hearing form: (i) The facility representative may consult with a shift supervisor as to what action is required to correct the Notice of Inmate Rule Violation and Disciplinary Hearing form or return the
PROPOSED ACTION ON REGULATIONS 1526 Notice of Inmate Rule Violation and Disciplinary Hearing form to a shift supervisor for the purpose of the supervisor taking corrective action; or (ii) The facility representative may, without consultation of a shift supervisor, take that action necessary to correct the Notice of Inmate Rule Violation and Disciplinary Hearing form; (c) Correcting or adding a rule violation charge to the Notice of Inmate Rule Violation and Disciplinary Hearing form; (d) Determining what questions to ask of a scheduled witness who may appear and the arguments to make in support of the facility case; (e) Determining the need for a witness to be called in support of the facilitys case; and (f)Determining the need for evidence to be presented in support of the facilitys case; and (2) Ensure, upon the defendant inmates appearance before the hearing officer, that the inmate has a copy of a Notice of Inmate Rule Violation and Disciplinary Hearing form in which: (a) A corrective action has occurred; or (b) A rule violation charge has been corrected or added. B. [If appropriate,] In addition, a facility representative may: (1) [make] Make an offer to a defendant inmate of an informal [disposition] resolution for the inmates rule violation charged; [and] [C.] (2) [If authorized by the warden, or a designee, offer] Make a plea agreement presentation, negotiated with the defendant inmate, to the hearing officer [, in accord with the defendant inmate, a] for a rule violation charged that includes a recommendation as to the decision [resolution] and [sanctions] sanction for the rule violation charged[.]; (3) Make the case presentation for the facility to the hearing officer in support of the defendant inmates rule violation charged; (4) Question a witness permitted to testify; and (5) Appeal a hearing officers decision or sanction to the warden if it is believed the action was in error. .09 Prehearing Procedures Service of Notice of Inmate Rule Violation and Disciplinary Hearing Form. A. When a shift supervisor refers a defendant inmates Notice of Inmate Rule Violation and Disciplinary Hearing form for a hearing or a defendant inmate has declined an offer of informal resolution in lieu of a hearing, the shift supervisor shall: (1) Direct staff to schedule the inmate for an appearance before a hearing officer; (2) Designate staff to serve the defendant inmate with a copy of the Notice of Inmate Rule Violation and Disciplinary Hearing form; (3) Inform the staff to only serve a copy of the Notice of Inmate Rule Violation and Disciplinary Hearing form on the defendant inmate; and (4) Retain possession of an attachment to or other evidence that may have been submitted by staff with the Notice of Inmate Rule Violation and Disciplinary Hearing form which may include, but is not limited to a: (a) Report; (b) Record; (c) Form; (d) Statement; (e) Document; and (f) Photograph. B. At service of a copy of the Notice of Inmate Rule Violation and Disciplinary Hearing form, staff may not permit the defendant inmate an opportunity to review or receive a copy of an attachment or other evidence that may by mistake have been forwarded with Notice of Inmate Rule Violation and Disciplinary Hearing form. C. Staff shall serve the Notice of Inmate Rule Violation and Disciplinary Hearing form on the defendant inmate within one business day after the date when the following events have concluded in the specified order: (1) The investigation of the reported event has been completed; (2) The Notice of Inmate Rule Violation and Disciplinary Hearing form has been completed; and (3) The review of the Notice of Inmate Rule Violation and Disciplinary Hearing form by a shift supervisor has been completed. D. For the purposes of this chapter, the date of the shift supervisors review when the rule violation to be charged is determined shall be considered the date of the defendant inmates rule violation. E. Delay of Service. (1) Good cause shall justify the delay of service by staff on a defendant inmate. (2) If a defendant inmate has escaped and subsequently returned to custody of the Patuxent Institution, staff shall serve a Notice of Inmate Rule Violation and Disciplinary Hearing form within three business days of the inmates return to the facility. (3) Unless the warden, or a designee, otherwise directs, staff may not serve the Notice of Inmate Rule Violation and Disciplinary Hearing form on a defendant inmate who is housed: (a) As a patient in a community hospital; or (b) In a facility medical infirmary. (4) Staff shall serve a defendant inmate who has been released from either a community hospital or facility medical infirmary with a Notice of Inmate Rule Violation and Disciplinary Hearing form within three business days of the inmates return to the inmate population of the facility. (5) Service shall be delayed on a defendant inmate who is assigned to mental health housing and determined to be incompetent by mental health staff. (6) Service shall be rendered on a defendant inmate assigned to mental health housing only when mental health staff have determined the inmate to be competent. (7) When good cause exists that delays service of the Notice of Inmate Rule Violation and Disciplinary Hearing form within the time requirement of this regulation, staff shall: (a) Serve the Notice of Inmate Rule Violation and Disciplinary Hearing form on the defendant inmate as soon as the cause of delay no longer exists; (b) Make a record of the cause that delayed service; and (c) Inform the hearing officer of the cause if the delay is raised by the defendant inmate at the preliminary review or hearing. (8) The hearing officer shall determine during a preliminary review whether there is good cause to justify a service delay of a Notice of Inmate Rule Violation and Disciplinary Hearing form. F. Staff serving the Notice of Inmate Rule Violation and Disciplinary Hearing form, unless prevented by a security or safety reason or a time constraint, shall: (1) Inform the defendant inmate that staff are present to serve the Notice of Inmate Rule Violation and Disciplinary Hearing form and: (a) Provide the inmate an opportunity to read the Notice of Inmate Rule Violation and Disciplinary Hearing form; (b) Advise the inmate of the opportunity to request representation or a witness on the Notice of Inmate Rule Violation and Disciplinary Hearing form; (c) Advise the inmate of the opportunity to request evidence on the Notice of Inmate Rule Violation and Disciplinary Hearing form; and (d) Provide the inmate an opportunity to sign for receipt of the Notice of Inmate Rule Violation and Disciplinary Hearing form; (2) Make a record of a cause that may prevent service of the Notice of Inmate Rule Violation and Disciplinary Hearing form; and
PROPOSED ACTION ON REGULATIONS 1527 (3) Sign and date the record of service in the designated section provided on the Notice of Inmate Rule Violation and Disciplinary Hearing form for the name of the serving staff. G. A defendant inmate when served with a Notice of Inmate Rule Violation and Disciplinary Hearing form shall: (1) Notify the serving staff if the defendant inmate is unable to read or understand the document; (2) If requesting representation for the hearing, list the representative by name in the designated section of the Notice of Inmate Rule Violation and Disciplinary Hearing form provided for the name of a representative; (3) If requesting a witness for the hearing, list the witness by name in the designated section of the Notice of Inmate Rule Violation and Disciplinary Hearing form provided for the name of a witness; (4) If requesting evidence for the hearing, list the evidence by name in the designated section of the Notice of Inmate Rule Violation and Disciplinary Hearing form provided for the name of the evidence; (5) Sign and date for receipt of the inmates copy of the Notice of Inmate Rule Violation and Disciplinary Hearing form in the designated section provided for the inmates signature and date of receipt; and (6) Return the facilitys copy of the Notice of Inmate Rule Violation and Disciplinary Hearing form to the serving staff. H. Defendant Inmates Refusal to Sign or Return the Notice of Inmate Rule Violation and Disciplinary Hearing form. (1) A defendant inmates refusal to sign at service for receipt of the inmates copy of the Notice of Inmate Rule Violation and Disciplinary Hearing form shall be considered waiver of the Patuxent Institutions obligation enumerated in this regulation to timely serve the Notice of Inmate Rule Violation and Disciplinary Hearing form. (2) The failure of a defendant inmate to return at service the facilitys copy of the Notice of Inmate Rule Violation and Disciplinary Hearing form to the serving staff shall be considered waiver of the service process enumerated in this regulation. I. With the return of the facilitys copy of the Notice of Inmate Rule Violation and Disciplinary Hearing form by the defendant inmate to the serving staff, the serving staff shall then: (1) Provide the inmate with a copy of the Notice of Inmate Rule Violation and Disciplinary Hearing form; and (2) Return the facilitys copy of the Notice of Inmate Rule Violation and Disciplinary Hearing form to the shift supervisor. J. The shift supervisor shall, upon receipt of the Notice of Inmate Rule Violation and Disciplinary Hearing form, review the Notice of Inmate Rule Violation and Disciplinary Hearing form and: (1) Ensure that the service process of the Notice of Inmate Rule Violation and Disciplinary Hearing form has been completed; (2) Ensure that the content of the Notice of Inmate Rule Violation and Disciplinary Hearing form has not been altered by the defendant inmate; and (3) Forward the Notice of Inmate Rule Violation and Disciplinary Hearing form to designated staff for data entry and scheduling the defendant inmate for an appearance before a hearing officer for a preliminary review of the Notice of Inmate Rule Violation and Disciplinary Hearing form. .12 Prehearing and Hearing Procedures Preliminary and Evidentiary Phase Inmate Appearance or Waiver of Appearance Before a Hearing Officer. A. A defendant inmate [may elect to] referred by the shift supervisor for a formal hearing or who declined an offer of an informal resolution in lieu of a hearing for a rule violation charged shall appear before a hearing officer for a preliminary review of the Notice of Inmate Rule Violation and Disciplinary Hearing form. B. [If a defendant inmate elects to appear before a hearing officer, the warden, or a designee, responsible for scheduling the hearing for the defendant inmate shall schedule the hearing to take place within 7 days of the date the initial investigation of the inmate rule violation and the notice of inmate rule violation and disciplinary hearing report are completed] A defendant inmate shall appear before the hearing officer for a preliminary review of the rule violations charged within 7 business days after the date when the following events have concluded in the specified order: (1) The investigation of the reported event and misconduct is completed; (2) The Notice of Inmate Rule Violation and Disciplinary Hearing form is completed; and (3) The Notice of Inmate Rule Violation and Disciplinary Hearing form is reviewed by a shift supervisor. C. For the purposes of this chapter, the date of the shift supervisors review when the rule violation to be charged is determined shall be considered the date of the defendant inmates rule violation. D. Good cause shall justify the delay of the defendant inmates timely appearance and, in such a case, staff shall: (1) Schedule the inmates appearance as soon as circumstances permit; (2) Make a record of the cause that delayed the appearance; and (3) Provide the reason for the delay if raised at the inmates hearing. E. The hearing officer shall determine whether a cited cause justified a delayed appearance. [C.] F. A defendant inmate [may voluntarily waive the right to appear at a hearing and any rights associated with the conduct of a hearing.] who willfully fails or voluntarily elects not to appear before a hearing officer for a preliminary review or hearing shall be: (1) Deemed to have waived an appearance before the hearing officer and the process provided for the conduct of a preliminary review and hearing; and (2) Heard on the rule violation charged in the inmates absence. [D.] G. For a voluntary waiver under this regulation, the following apply: (1) The defendant inmate shall use the waiver of rights and in in absentia hearing form to communicate to the hearing officer the defendant inmates waiver of appearance at the preliminary review or a hearing [to the hearing officer]; (2) Upon receipt of the waiver of rights and in in absentia hearing form, the hearing officer shall determine if the defendant inmate has properly waived [the right to appear] an appearance at the preliminary review or [a] hearing; (3) (4) (text unchanged) (5) After determining the defendant inmate has [properly] waived [the right to appear] an appearance at the preliminary review or a hearing, the hearing officer shall: (a) [Shall conduct] Conduct a hearing on the rule violation charged [the case in absentia] and consider the evidence presented by the facility representative without the presence of the defendant inmate; (b) [Shall make] Make fact findings and a decision based on the [facts and] evidence presented; and (c) [May impose the appropriate] Impose a sanction or sanctions if finding that a rule violation occurred. H. A defendant inmate properly notified of the hearing who does not submit a waiver of appearance form and does not appear at a scheduled preliminary hearing or a hearing is considered to have waived the right to appear at the preliminary hearing or hearing.
PROPOSED ACTION ON REGULATIONS 1528 [E.] I. [A] The hearing officer may determine that the defendant inmate waived [the right to appear] an appearance at or participation in the preliminary review or hearing [at a hearing and other hearing rights] if the defendant inmate: (1) (text unchanged) (2) Willfully delays or [does not] fails to appear [at the hearing]; (3) (text unchanged) (4) Violates security procedures for escort to the preliminary review or hearing location; (5) [Once in the hearing room, voluntarily leaves the hearing before a decision of the case] Elects to leave the preliminary review or hearing prior to conclusion of the proceedings; (6) Becomes disruptive [in the hearing area]; [(7) Exhibits behavior that is a safety issue for those in the hearing room;] [(8)] (7) [Becomes a security or safety threat at the hearing] Poses a threat to the safety or security of the facility or others; or [(9)] (8) Is involuntarily removed at the direction of the hearing officer or under the authority of [the correctional] staff because of conditions under [F(6)(8)] I(6)(7) of this regulation. [F.] J. If the defendant inmate is [on] assigned to mental health [status] housing and the hearing officer has been advised that the defendant inmate has waived [rights to a hearing] an appearance, the hearing officer shall: (1) (text unchanged) (2) Postpone the preliminary review or hearing if the competence of the inmate to make a waiver is in question and require the facility to conduct and document a mental health prehearing assessment for [consideration by] the consideration of the hearing officer when the [hearing] proceeding is reconvened; and (3) [If, at the time the hearing is reconvened, the record of the mental health prehearing assessment is provided and the defendant inmate refuses to appear, determine the competency of the defendant inmate according to Regulation .18 of this chapter before proceeding with the hearing without the inmate present at the hearing] Determine the competence of the defendant inmate in accordance with Regulation .18 of this chapter and proceed with the preliminary review or hearing without the presence of the inmate if the: (a) Record of the mental health pre-hearing assessment is provided and the inmate is deemed competent; and (b) Defendant inmate still refuses to appear. .13 Prehearing Procedures Preliminary Phase Dismissing a Charge of an Inmate Rule Violation. A. A hearing officer may only dismiss a rule violation charged under the procedures established in this regulation. B. Procedural Error. If the defendant inmate raises a time requirement or procedural violation by staff under this chapter or Department or Patuxent Institution directive and requests the rule violation charged be dismissed, a rule violation may only be dismissed if the hearing officer finds: (1) A time requirement or procedure established in this chapter for the hearing process has been denied the inmate; (2) The denial is not based on good cause; and (3) The defendant inmate has demonstrated that the denial has substantially harmed the inmates ability to make a case presentation as to the rule violation charged. C. Failure to Substantiate a Rule Violation Charge. (1) The hearing officer on review of a Notice of Inmate Rule Violation and Disciplinary Hearing form may only dismiss the rule violation charged if: (a) The facts as stated in the report section of the Notice of Inmate Rule Violation and Disciplinary Hearing form considered in the light most favorable to the facility; and (b) Reasonable inferences resulting from those facts do not support a finding that the defendant inmate has committed the rule violation. (2) The hearing officer shall inform the hearing participants of the dismissal of, or denial of a dismissal for, a rule violation charged. D. Technical Error. (1) A non-evidentiary defect or error in the Notice of Inmate Rule Violation and Disciplinary Hearing form may not support a dismissal of the rule violation charged under this regulation. (2) Examples of a defect or error may include, but are not limited to a: (a) Rule violation number; (b) Date or time reference; (c) Defendant inmates Department or Patuxent Institution identification number or name; or (d) Signature of reporting staff. (3) The defect or error shall be corrected by the hearing officer returning the Notice of Inmate Rule Violation and Disciplinary Hearing form to the facility representative or staff for correction. (4) After correction, facility staff shall serve the corrected Notice of Inmate Rule Violation and Disciplinary Hearing form on the defendant inmate and schedule the inmate for an appearance before the hearing officer. (5) The defect or error in a Notice of Inmate Rule Violation and Disciplinary Hearing form and the required return of the Notice of Inmate Rule Violation and Disciplinary Hearing form for correction shall be considered good cause for delay of the service of the Notice of Inmate Rule Violation and Disciplinary Hearing form and appearance of the defendant inmate before the hearing officer. E. Absence of the Shift Supervisors Review. (1) The absence of a shift supervisors review on the Notice of Inmate Rule Violation and Disciplinary Hearing form may not support a dismissal of the rule violation charged under this regulation. (2) In the absence of a shift supervisors review, the hearing officer shall return the Notice of Inmate Rule Violation and Disciplinary Hearing form to the facility representative or staff in accordance with the procedures of Regulation .17 of this chapter. (3) The return of a Notice of Inmate Rule Violation and Disciplinary Hearing form to facility staff for a review by a shift supervisor shall be considered good cause for delay of the service of the Notice of Inmate Rule Violation and Disciplinary Hearing form and appearance of the defendant inmate before the hearing officer. F. Failure to Serve the Defendant Inmate the Notice of Inmate Rule Violation and Disciplinary Hearing form. (1) If raised by the defendant inmate during a preliminary review, the hearing officer shall determine if the facility staff have complied with service process. (2) The hearing officer may rely on the defendant inmates presentation regarding the claim of not being served, the written record of service if stated on the Notice of Inmate Rule Violation and Disciplinary Hearing form, or a rebuttal presentation by the facility representative in determining whether there was compliance by facility staff with the service process. (3) The failure of the defendant inmate to be served a copy of the Notice of Inmate Rule Violation and Disciplinary Hearing form prior to the inmates appearance before the hearing officer may not support a dismissal under the procedures of this regulation. (a) If the hearing officer determines a Notice of Inmate Rule Violation and Disciplinary Hearing form was not served on the defendant inmate, the hearing officer may refer the matter to facility staff in accordance with the procedures under Regulation .17 of this chapter; or (b) If the defendant inmate waives service in writing, the hearing officer shall proceed with the preliminary review.
PROPOSED ACTION ON REGULATIONS 1529 (4) The failure of staff to serve a copy of the Notice of Inmate Rule Violation and Disciplinary Hearing form on a defendant inmate shall be considered good cause for delay of the service of the Notice of Inmate Rule Violation and Disciplinary Hearing form and appearance of the defendant inmate before the hearing officer. .15 Prehearing and Hearing Procedures Preliminary and Evidentiary Phase Written Record and Audio Recording [Requirement]. A. [Written Record.] The hearing officer shall produce a written record [of] that summarizes a hearing for each case [before] heard by the hearing officer. B. Audio Recording. (1) Except [for the provisions under] as provided in B(3) of this regulation, the hearing officer shall: (a) (text unchanged) (b) Document each case [recorded on the disciplinary proceedings tape log] on the audio recording of a hearing that includes the: (i) Defendant inmates name and commitment number; (ii) Date and time of hearing; (iii) Name of the facility; and (iv) Name of the hearing officer of record. (2) The absence of audio recording equipment [does not] shall preclude conducting a hearing. (3) Under the conditions specified in B(2) of this regulation, the hearing officer shall: (a) (text unchanged) [(b) Offer the defendant inmate the option of: (i) Continuing without the audio recording; (ii) Postponing the proceeding until it can be audio recorded; and (c) If the defendant inmate: (i) Elects to proceed without the audio recording, request that the defendant inmate sign a waiver and include the signed waiver in the written record of the hearing; or (ii) Refuses to waive the audio recording or refuses to sign a waiver, postpone the hearing until it can be audio recorded and document the postponement.] (b) Postpone the case; and (c) Advise the facility staff to reschedule the defendant inmates appearance before a hearing officer when circumstances permit. (4) The postponement of a facility disciplinary case due to an inability to audio record a preliminary review or hearing: (a) May not support the dismissal of the facility disciplinary case; and (b) Shall be considered good cause for the delay of the defendant inmates appearance before the hearing officer or a hearing. .16 Prehearing and Hearing Procedures Preliminary and Evidentiary Phase Informal Disposition or Reduction to Incident Report. A. The hearing officer may only offer the defendant inmate an informal disposition for a Category IV rule violation or Category V rule violation charge in accordance with the procedures under Regulation .06 of this chapter. B. The hearing officer may only offer the defendant inmate a reduction to incident report for a Category IV rule violation or Category V rule violation charge in accordance with the procedures under Regulation .06 of this chapter. .17 Hearing Procedures Preliminary Phase Objection to Notice of Inmate Rule Violation and Disciplinary Hearing [Report] Form. A. [The hearing officer shall review the notice of inmate rule violation and disciplinary hearing report with the hearing participants.] Only during the preliminary review of the Notice of Inmate Rule Violation and Disciplinary Hearing form, may a hearing officer consider an objection by a hearing participant to the Notice of Inmate Rule Violation and Disciplinary Hearing form. B. The hearing officer may only consider an objection that is raised in accordance with the procedures of this regulation. C. The hearing officer may permit a hearing participant an opportunity to comment on the merits of the objection. D. The hearing officer, when weighing the merits of the objection, may: (1) Consider a citation by a participant from a procedure of a regulation under this chapter or Department or Division of Correction directive; and (2) Not consider a reference to a legal authority or other authority when reaching a decision regarding the merits of the objection. E. The hearing officer shall be the arbiter in determining the merits of the objection. [B] F. [Objections] An objection with respect to the [notice of inmate rule violation and disciplinary hearing report are] Notice of Inmate Rule Violation and Disciplinary Hearing form shall be limited to [claims that:] the procedures under Regulation .13 D(1)(4) and F(1)(4) of this chapter. [(1) The notice of inmate rule violation and disciplinary hearing report form was not served; (2) There is an error in the format or completion of the notice of inmate rule violation and disciplinary hearing report form that is not deemed a minor defect under Regulation .13 C(2) of this chapter; or (3) The alleged inmate rule violation charged is incorrect. C. If an issue under B of this regulation is raised and not resolved, the hearing officer shall: (1) Postpone the case; (2) Refer the matter to the appropriate facility or staff member for resolution; and (3) Notify the facility to reschedule the hearing upon resolution of the identified issues.] .18 Prehearing and Hearing Procedures Preliminary and Evidentiary Phase Special Needs Inmate. A. A special needs inmate is an inmate with a condition that may be due to: (1) Mental health; (2) A hearing or speech impairment; (3) English language proficiency; or (4) Illiteracy. B. Mental Health Condition. (1) If the defendant inmates behavior indicates that the inmate may not be competent to participate in a preliminary review or hearing, the defendant inmate shall be referred by the hearing officer or facility representative or staff to mental health staff to assess the inmates mental health status. (2) The mental health staff shall: (a) Conduct an assessment to determine the defendant inmates ability to participate in the proceedings; (b) Document the assessment; and (c) Forward the assessment to the hearing officer.
PROPOSED ACTION ON REGULATIONS 1530 (3) If the mental health prehearing assessment indicates that the defendant inmate is not competent to participate in the proceedings, the hearing officer: (a) Shall postpone the proceedings; (b) May consult with the mental health staff without hearing participants present; and (c) Shall direct the facility representative or staff to reschedule the proceedings after notification that the mental health staff has determined the defendant inmate to be competent to participate. (4) If the mental health prehearing assessment indicates that the defendant inmate is competent to participate in the proceeding, the hearing officer may: (a) Proceed with the preliminary review or hearing; or (b) Postpone the proceedings if: (i) The hearing officer determines that, with due consideration of the assessment, the inmates behavior at the proceedings indicates that the inmate is not competent to participate in the proceedings in which case the hearing officer shall state on the record the specific basis for that determination; or (ii) The defendant inmate requires additional time to prepare for the proceedings. (5) If the defendant inmate is determined to be competent to participate in a preliminary review or hearing, the hearing officer shall proceed with the preliminary review or hearing. (6) If the hearing officer, at a hearing, finds the inmate guilty of the rule violation charged, the hearing officer may consider the inmates competency at the time of the rule violation as a mitigating circumstance when determining the sanction. C. Hearing or Speech Condition. (1) If a defendant inmate, claiming to have or is identified as having a hearing or speech condition affecting the inmates ability to participate in the proceedings, appears before the hearing officer without a sign language interpreter, the hearing officer shall postpone the proceedings. (2) If it cannot be verified at the proceedings that the inmate has a hearing or speech condition affecting the inmates ability to participate in the proceedings, the hearing officer shall direct the facility representative or staff to consult with medical staff to determine if the inmate has such a hearing or speech condition. (3) When the hearing officer determines that the inmate has a hearing and or speech condition described under C(2) of this regulation, the hearing officer shall instruct the facility representative or staff to arrange for a sign language interpreter. (a) If the State has a contract with a vendor to provide sign language interpreter services, only an interpreter provided through that vendor may assist the inmate at the proceedings. (b) In the absence of a contract as specified in C(3)(a) of this regulation or if a sign language interpreter is not available through the vendor, staff authorized by the Commissioner, or a designee, may act as the sign language interpreter. (c) An inmate may not act as the interpreter. (4) After making arrangements for a sign language interpreter, the facility representative or staff shall reschedule the inmates appearance before the hearing officer. D. Language. (1) If a defendant inmate, who requests or is identified by staff as needing a language interpreter, appears before the hearing officer without an interpreter, the hearing officer shall postpone the proceedings. (2) If it cannot be verified at the proceedings that because of an inability or limited ability to communicate in English the inmate needs a language interpreter to participate in the proceedings, the hearing officer shall direct the facility representative or staff to consult with the facility case management program to assist in determining the inmates English language limitations. (3) When the hearing officer determines that a language interpreter is needed, the hearing officer shall instruct the facility representative or staff to arrange for an interpreter and postpone the proceeding. (a) If the facility has staff who are proficient in the language of the defendant inmate, the warden, or a designee, may assign that staff to act in the capacity of the defendant inmates language interpreter at the hearing. (b) In the absence of staff who may act as an interpreter, the facility shall contact the vendor contracted by the State to provide an interpreter. (c) An inmate may not act as the interpreter. (4) After arranging for a language interpreter, facility staff shall reschedule the inmates appearance before the hearing officer. E. Illiteracy. (1) If a defendant inmate, who claims to be or is identified as being illiterate, appears before the hearing officer without representation, the hearing officer shall postpone the proceedings. (2) If the facility representative or staff cannot verify at the proceedings that the inmate is illiterate, the hearing officer shall direct the facility representative or staff to consult with the facilitys education program staff to determine if the inmate has an inability to read or write that would affect the inmates ability to participate in the proceedings. (3) If the hearing officer determines that the inmate has an inability or limited ability to read or write that would affect the inmates ability to participate in the proceedings, the hearing officer shall direct the facility representative or staff to arrange representation for the inmate in accordance with the Regulation .19 of this chapter. (4) After making arrangements for representation, facility staff shall reschedule the inmates appearance before the hearing officer. F. The hearing officer may grant a special needs defendant inmate additional time or greater procedural latitude to: (1) Prepare a case presentation before a hearing; (2) Request representation or a witness; or (3) Address other specific issues affected by the special needs of the inmate. G. The delay or denial of a time requirement or procedure in accordance with this chapter due to the special needs of the defendant inmate shall be deemed good cause for that delay or denial and may not support a dismissal of a rule violation charged. .19 Prehearing and Hearing Procedures Preliminary and Evidentiary Phase Representation Request. A. A defendant inmate may request representation to assist the inmate during the preliminary review and case presentation phase of the inmates hearing. B. A defendant inmates representation request shall be: (1) Made timely by the defendant inmate; and (2) In accordance with the procedures of this chapter. C. A warden, or a designee, may designate a facility staff member under Regulation .08 of this chapter to act as a facility representative at the facilitys defendant inmate preliminary reviews and hearings. D. Inmate Representation Request. (1) When served with the Notice of Inmate Rule Violation and Disciplinary Hearing form and requesting representation for a preliminary review or hearing, the defendant inmate shall list the name of the inmates requested representative in the section designated on the Notice of Inmate Rule Violation and Disciplinary Hearing form for the name of a representative. (2) The defendant inmates failure to list by name a requested representative on the Notice of Inmate Rule Violation and
PROPOSED ACTION ON REGULATIONS 1531 Disciplinary Hearing form under D(1) of this regulation, shall be considered a waiver by the defendant inmate of representation. E. Upon the appearance of the defendant inmate at a preliminary review or hearing proceeding, the hearing officer shall review the defendant inmates Notice of Inmate Rule Violation and Disciplinary Hearing form to determine if the: (1) Inmate has requested representation; and (2) Request is in accordance with the procedures of this chapter. F. Inmate representation is voluntary on the part of the requested individual and a request does not obligate that individual to appear at a proceeding. G. If a requested individual declines to act as a defendant inmates representative, a hearing officer may not compel that individual to appear or act in the capacity as the inmates representative. H. A hearing officer shall only permit an individual to appear as a representative for a defendant inmate who is either: (1) An inmate assigned to the general population of the facility where the proceeding is to be held; or (2) A staff member employed at the facility where the proceeding is to be held. I. A hearing officer may not permit an individual to appear as a representative for a defendant inmate who is: (1) The facility warden, assistant warden, chief of security, or shift commander or supervisor; (2) Banned as a representative by the Director, or a designee, or warden, or a designee; (3) Identified by security staff as a security or safety risk; (4) Serving a sentence of death; (5) Assigned to disciplinary or administrative segregation, cell restriction, protective custody, or mental health housing; or (6) In a location where staff escort or vehicular transportation to the proceeding is required. J. A hearing officer shall, unless prohibited by a reason of security or safety, inform the hearing participants of the reason when denying a requested representative. K. If a defendant inmate has failed to request representation on the Notice of Inmate Rule Violation and Disciplinary Hearing form and subsequently at an appearance before a hearing officer requests representation, the hearing officer may elect to waive D(2) of this regulation and permit the representation request only if: (1) The requested individual qualifies under F and G of this regulation; (2) The requested individual is present at the location of the proceeding; (3) A postponement for case presentation preparation is not required; and (4) The defendant inmate is prepared to participate in the proceeding. L. If a defendant inmate has requested representation in accordance with the procedures of this regulation, but the requested individual declines to accept the request and the inmate then requests the opportunity to obtain other representation, a hearing officer may: (1) Permit the inmate a one calendar day postponement to obtain other representation; (2) Not grant the inmate a subsequent postponement after an initial postponement if representation could not be obtained; or (3) Deny a postponement to obtain other representation and proceed with the proceeding. M. A requested individual who appears as a defendant inmates representative is obligated to remain as a participant in the preliminary review and hearing until the conclusion of the proceeding. N. If the defendant inmates representative, in the course of the proceeding, voluntarily refuses to continue as a representative in or is removed from the proceeding for a reason of conduct, security, or safety, the hearing officer shall: (1) Determine the defendant inmate has waived representation; and (2) Continue the proceeding without postponement to obtain other representation. .20 [Hearing] Prehearing Procedures Preliminary Phase Defendant Inmate Requests for Witnesses. A. C. (text unchanged) .21 [Hearing] Prehearing Procedures Preliminary Phase Confidential Informants. A. B. (text unchanged) .22 [Hearing] Prehearing Procedures Preliminary Phase Motions. A. [Hearing participants may present challenges through a motion alleging violation of the defendant inmates rights or procedural aspects of the hearing process.] A hearing participant may only present a procedural challenge by means of a motion to the hearing officer during a preliminary review of a defendant inmates Notice of Inmate Rule Violation and Disciplinary Hearing form that is in accordance with the procedures established under this regulation. B. A motion may only allege: (1)The violation of a pertinent time requirement or procedure of a regulation of this chapter; (2) The violation of a pertinent time requirement or procedure of a Department or Division of Correction directive; or (3) Insufficient evidence to substantiate a rule violation charged. [B.] C. The hearing officer [shall]: (1) [Consider] Shall consider the [objection] motion; (2) Shall permit the hearing participants an opportunity to comment on the merits of the motion; (3) When considering the merits of the motion, may: (a) Consider a citation of a procedure under this chapter or Department or Division of Correction directive; and (b) Not consider a reference to a legal authority or other authority when reaching a decision regarding the merits of a motion; [(2)] (4) [Determine the relevance of the objection] Shall determine the merits of the motion; and [(3)] (5) (text unchanged) .23 [Hearing] Prehearing ProceduresPreliminary Phase Postponement. A. F. (text unchanged) G. A hearing officer may, with good cause and without the request of a hearing participant, postpone a case. .24 [Hearing] Prehearing ProceduresPreliminary Phase Review of Attachments. [A. When a defendant inmate is served with a notice of inmate rule violation and disciplinary hearing report the inmate is not entitled to review attachments at the time of service.] [B.] A. [At the time] When a defendant inmate appears before a hearing officer for the preliminary review of the inmates Notice of Inmate Rule Violation and Disciplinary Hearing form, [the] a hearing officer, when security and safety permit, may provide [the] a defendant inmate an opportunity to review [attachments] an attachment and other evidence that may be submitted by the facility [to] with the [notice of inmate rule violation and disciplinary hearing report before hearing arguments concerning evidence or testimony on the case] Notice of Inmate Rule Violation and Disciplinary Hearing form.
PROPOSED ACTION ON REGULATIONS 1532 B. An attachment may include, but is not limited to: (1) Report; (2)Document; (3) Record; (4) Form; (5) Statement; and (6) Photograph. C. [After] If the defendant inmate is permitted to review [attachments] an attachment to the [notice of inmate rule violation and disciplinary hearing report] Notice of Inmate Rule Violation and Disciplinary Hearing form: (1) If raised, the hearing officer may permit the hearing participants an opportunity to comment on the merits of the attachment or other evidence submitted by the staff; [(1)] (2) If the defendant inmate is prepared to [begin the hearing] proceed, the hearing officer shall [conduct the disciplinary hearing] continue with the proceedings; or [(2)] (3) If the defendant inmate is not prepared to [begin the hearing] continue with the proceedings because of issues with [the attachments] an attachment or other evidence submitted by the facility staff, the inmate may request [the hearing officer to postpone the hearing] a postponement of the proceedings to permit the defendant inmate [to] an opportunity to further prepare a case presentation for the hearing [based on the review of the attachments]. [D.] (a) If the defendant inmate makes a request under [C(2)] C(3) of this regulation, the hearing officer may postpone the [hearing] proceedings [and the warden, or a designee, of the correctional facility responsible for scheduling disciplinary hearings shall reschedule the case to take place as soon as possible after the original date]. (b) When the proceedings are postponed to permit the defendant inmate additional time to prepare, facility staff shall reschedule the inmates appearance for a hearing date when the circumstances permit. (c) If the defendant inmate does not request a postponement, the hearing officer shall continue with the proceedings unless postponed by the hearing officer under Regulation .23G of this chapter. .25 [Hearing] Prehearing Procedures Preliminary Phase Defendant Inmate Plea. A. D. (text unchanged) .26 Prehearing and Hearing Procedures Preliminary and Evidentiary Phase: Rules of Evidence Presentation. A. A defendant inmate or facility representative may request evidence to present as part of a case presentation at a hearing. B. A hearing officer shall deny a request for evidence or a witness otherwise qualified if security staff have reason to believe the evidence or witness poses a risk to facility security or safety. C. A defendant inmate evidence request shall be: (1) Made in a timely fashion by the defendant inmate; and (2) In accordance with the procedures of this regulation. D. Evidence Request. (1) When served with a Notice of Inmate Rule Violation and Disciplinary Hearing form and if requesting evidence for a pending hearing, a defendant inmate shall list by name the requested evidence on the Notice of Inmate Rule Violation and Disciplinary Hearing form in the section of the Inmate Rule Violation and Disciplinary Hearing form designated for listing the evidence requested. (2) The defendant inmates failure to list the name of the requested evidence on the Notice of Inmate Rule Violation and Disciplinary Hearing form as enumerated in D(1) of this regulation, shall be considered a waiver of that evidence by the defendant inmate. E. Upon the appearance of a defendant inmate at a proceeding, a hearing officer shall review the inmates Notice of Inmate Rule Violation and Disciplinary Hearing form to determine if a request for evidence has been made by the inmate and if that request is in compliance with the procedures of this regulation. F. A hearing officer shall determine the relevancy and material value of the evidence requested and if there is a security or safety risk posed by permitting the evidence requested. G. A hearing officer may allow the introduction of evidence at the hearing by a participant when security and safety permit and the request is in accordance with the procedures of this regulation. (1) A hearing officer may not compel the production of evidence requested by a hearing participant. (2) A hearing officer shall deny an evidentiary request deemed: (a) Irrelevant; (b) Immaterial; (c) Cumulative; or (d) A threat to safety or security. (3) A hearing officer shall for a security and safety reason deny a request for evidence that includes, but is not limited to security: (a) Documents; (b) Records; (c) Post orders; (d) Emergency plans; (e) Photographs; (f) Video monitoring records; (g) Equipment; (h) Directives not authorized for review by an inmate; (i) Testing equipment and supplies; or (j) Confidential statements. (4) A hearing officer shall, for a reason of security and safety, deny an evidence request for contraband that includes, but is not limited to: (a) Tools; (b) Drugs, medication, or alcohol; (c) Weapons; (d) Controlled dangerous substance; (d) Cellular telephones; (e) Tobacco, or currency; or (f) Escape or drug paraphernalia. (5) When a hearing officer determines the examination of security or contraband evidence is necessary, the hearing officer shall, in the presence of staff deemed necessary for security, conduct the examination without the presence of an inmate. (6) When the hearing officer determines that the review of a video record is necessary, the hearing officer shall, in the presence of staff deemed necessary for security and the operation of the video equipment needed for the review, conduct the review without the presence of an inmate. H. Testimony. (1) A hearing participant may present witness testimony as an evidentiary presentation. (2) A hearing participant is responsible, and not a hearing officer, to call a requested witness for the participants case presentation. (3) A hearing officer may call a witness to provide testimony or be questioned concerning: (a) Evidence presented; (b) A fact in evidence; and (c) A policy, procedure, or practice. (4) A witness may not be compelled by a hearing officer to answer a question regarding testimony given. (5) Only a defendant inmate representative, facility representative, or a hearing officer may question a witness giving testimony.
PROPOSED ACTION ON REGULATIONS 1533 (6) In the absence of a representative, a defendant inmate may question a witness giving testimony. (7) A hearing officer may limit the testimony and questioning of a witness consistent with: (a) The procedures in accordance with Regulation .20 of this chapter; or (b) Security and safety. (8) If a witness, requested by a hearing participant, refuses to appear or testify, a hearing officer may not dismiss a rule violation charged for the failure of the witness to appear or testify. I. When denying an evidentiary request, a hearing officer shall provide to the hearing participants an explanation for the denial, if security and safety permit. J. A hearing officer may consider the defendant inmates disciplinary conviction history or the lack thereof for each rule violation charged. K. A hearing officer may not render a decision as to a rule violation charged based solely on a defendant inmates disciplinary conviction history or the lack thereof for a rule violation charged. L. Except for the Notice of Inmate Rule Violation and Disciplinary Hearing form, facility staff may not be required to provide, prior to a defendant inmates appearance, the inmate with notification of the facility evidence to be presented as part of the facility case presentation at the hearing. .27 Hearing Procedures Evidentiary Phase Case Presentation. A. [The] At the conclusion of the preliminary review, a hearing officer shall determine if a defendant inmate and facility representative are prepared to proceed with a hearing and if prepared, the hearing officer shall [read] ensure that the rule violation report found in the [notice of inmate rule violation and disciplinary hearing report] Notice of Inmate Rule Violation and Disciplinary Hearing form, and attachments along with other related documents or evidence submitted by the facility staff are read into or described for the hearing record. B. A hearing participant may make a case presentation to a hearing officer that may include, but is not limited to: (1) An argument on the merits of the case; (2) Evidence in accordance with the procedures of Regulation .26 of this chapter; and (3) Challenges to and arguments regarding an evidentiary presentation. [B.] C. Facility Representative. (1) A facility representative may present: (a) Additional documents [relevant to the issues before] to the hearing officer that do not present a security risk; (b) (text unchanged) (c) [Testimonial evidence from witnesses approved] Testimony from a witness permitted by the hearing officer. (2) (3) (text unchanged) [C.] D. Defendant Inmate Presentation. (1) (3) (text unchanged) (4) The hearing officer may draw an adverse inference if the defendant inmate: (a) [does] Does not present a defense; or[,] (b) [after testifying, declines] Declines to respond to questioning by the hearing officer or the facility representative after testifying. (5) If the defendant inmate is represented, only the inmates representative may: (a) [present] Present the defendant inmates case[,]; (b) [examine] Examine evidence[,]; or (c) [question] Question a witness. (6) If the defendant inmate is not represented, the defendant inmate may: (a) [present] Present the defendant inmates case[,]; (b) [examine] Examine evidence[, and]; or (c) [question] Question a witness. (7) The defendant [inmates use of a witness is limited to the witnesses] inmate may call a requested witness only if: (a) The [requested] request was made in accordance with the procedures of Regulation .20 of this chapter [on the notice of inmate rule violation and disciplinary hearing report]; and (b) [approved by the] The hearing officer permits the request. (8) The defendant inmate may present evidence requested on the Notice of Inmate Rule Violation and Disciplinary Hearing form and permitted by the hearing officer. [(8)] (9) The presentation by, or on behalf of, the defendant inmate is subject to the provisions established for the facilitys presentation under [B] C of this regulation. E. The hearing officer may use a conference call for the purpose of taking testimony by a witness. (1) When there is a concern for security or safety, testimony shall be taken by conference call. (2) The testimony of a witness requiring vehicular transport or staff escort to the hearing location may be taken by conference call. (3) For reasons of security and safety, a witness not identified as staff or an inmate shall testify by use of a conference call. (4) The hearing officer shall advise an individual giving testimony by conference call that the testimony is being audio recorded. [D.] F. Rebuttal and Closing Arguments. (1) The hearing officer shall provide the facility representative an opportunity to [offer evidence to] rebut the evidence presented by, or on behalf of, the defendant inmate. (2) The hearing officer [shall] may provide the facility representative and the defendant inmates representative or, if not represented, the defendant inmate, an opportunity for a closing presentation. G. The hearing officer shall advise the hearing participants when deciding to close the evidentiary record. H. Before closing the evidentiary record, the hearing officer may inquire if the hearing participants have any other matter to be considered and if raised by a hearing participant provide the hearing participants an opportunity to present an evidentiary matter not previously presented or considered. .30 Post Hearing Procedures Case Record. A. Upon concluding a hearing, the hearing officer shall issue a written decision that includes: (1) A statement of the credible evidence relied on; [(1)] (2) (text unchanged) [(2)] (3) The verdict for each [charge of an inmate] rule violation charged; and [(3)] (4) The [sanctions, if applicable] sanction for each rule violation with a guilty decision. B. [The hearing officer shall ensure that the staff at the defendant inmates facility is notified to serve the defendant inmate with a copy of the hearing officers written decision within 3 workdays of the completion of the hearing] Facility staff shall serve the defendant inmate with a copy of the hearing officers written decision within three business days following the date of a hearing officers decision.
PROPOSED ACTION ON REGULATIONS 1534 C. If [the] a facility representative presents the facilitys case, the facility representative shall follow [procedures] the process established by the warden, or a designee, of the defendant inmates facility for distribution of the hearing disposition that [include] includes: (1) (2) (text unchanged) D. [Written Records] Inmate Case Record. (1) [Except for a case resulting in a not guilty decision, records related to a hearing, dismissal, and informal disposition shall be placed in the defendant inmates base file] An inmates case record shall include the following information, if applicable, for a defendant inmates disciplinary case: (a) A guilty decision; (b) A not guilty decision; (c) A dismissal of the rule violation charged; and (d) An informal resolution. (2) The defendant inmates [base file] case record shall [contain a record of] include the date and disposition of the hearing. (3) [Records] A case record related to inmate discipline may be reviewed by: (a) (text unchanged) (b) [Authorized individuals] An individual authorized by statute; and (c) (text unchanged) E. Audio Recordings. (1) The primary purpose for an audio recording of a hearing is for the use of the Department or Patuxent Institution in the conduct of the Agencys business and may not be considered a right, interest, benefit or entitlement for a defendant inmate. [(1)] (2) The [hearing officer] inmate hearings program shall ensure that: (a) [A] The recording of a hearing is maintained [in a secure location for 5 years from the date of the final decision of the case] according to the records retention schedule; and (b) Access to [the hearing] an audio recording [storage locker] is restricted. [(2)] (3) [Copies] A copy of [a hearing] an audio recording may be requested as provided under COMAR 12.11.02. [(3)] (4) [Copies] A copy of [a hearing] an audio recording may not be denied [and] or a fee [may not be] charged to a representative of: (a) (f) (text unchanged) .31 Post Hearing Procedures Wardens Review. A. Review by the Warden. (1) The warden, or a designee, shall review a guilty, not guilty, and dismissal hearing decision and may review an informal disposition or incident report reduction hearing decision. (2) The warden, or a designee, shall: (a) Document the review; and (b) Sign the document of review as the reviewing authority. (3) Except as provided under A(4) of this regulation, the warden, or a designee: (a) May not review a hearing decision until the lapse of 15 calendar days from the date the inmate received a hearing officers decision; (b) May initiate an immediate review if receiving an appeal by a defendant inmate of a hearing officers decision or sanction impose; or (c) May initiate an immediate review of a sanction imposed, regardless of the time or procedural requirement of this regulation, if the intent is to modify by reduction that sanction. (4) A warden, or a designee, may conduct an immediate review when a hearing disposition results in: (a) Dismissal of the rule violations charged; (b) Reduction to an incident report; (c) An informal disposition; or (d) A not guilty decision. (5) A warden, or a designee, shall complete the review of a disciplinary case by the 30th calendar day following the date the defendant inmate received the hearing officers decision. (6) A warden, or a designee, may remand a hearing officers decision to the hearing officer for clarification by the hearing officer, in writing, regarding: (a) Hearing procedures; (b) Evidence considered; (c) Findings of fact; (d) Hearing decision; and (e) Sanctions imposed or not imposed. (7) The time requirement and procedures for the wardens review enumerated in this regulation shall be suspended pending the review by the hearing officer of a wardens remand of a decision for clarification and not to resume until the warden receives the hearing officers written response. (8) A warden, or a designee, may appeal a hearing officers decision to the Director, or a designee, with a recommendation that the decision be reversed and the disciplinary case remanded for a new hearing. (a) The time period and procedures for the wardens review enumerated in this regulation shall be suspended pending the review of a wardens, or a designees, remand request appeal by the Director, or a designee; and (b) Resume on the date the Directors, or a designees, written decision is received by the warden, or a designee. B. Actions. (1) When reviewing a hearing officers decision, the warden, or a designee: (a) May not weigh the merits of the evidence in the record to reconsider the hearing officers findings of fact; (b) May not substitute judgment for that of the hearing officer as to findings of fact for the case under review; (c) Shall review the evidence in the record and determine whether a reasonable-minded individual could have reached the decision rendered by the hearing officer in the hearing; and (d) Shall consider an alleged procedural violation identified in an appeal by a defendant inmate, facility representative, or staff member and determine whether the hearing was in compliance with the procedural requirements of this chapter. (2) A warden, or a designee, conducting a review under this regulation, and without explanation, may: (a) Reduce a sentencing matrix, alternative, credit revocation, or informal disposition sanction period regardless of a sanction period procedurally imposed in accordance with a regulation of this chapter; (b) Impose an additional informal or alternative sanction regardless of sanctions and periods imposed by the hearing officer; (c) Affirm the hearing officers decision and or sanction imposed; (d) Vacate the decision and sanction imposed and reduce a rule violation charged to an incident report; (e) Affirm a decision, but modify the sanction imposed by: (i) Reducing a sanction period to less than a period specified by a hearing officer or adjustment history sentencing matrix procedure under a regulation of this chapter; (ii) Increasing a sentencing matrix sanction incorrectly imposed or impose an additional alternative sanction; or (iii) Vacating or modifying an informal disposition; or (f) Recommend to the Director, or a designee, the remand of the case if a hearing officers decision: (i) Is arbitrary or capricious;
PROPOSED ACTION ON REGULATIONS 1535 (ii) Is based on clearly erroneous findings of fact; (iii) Is based on an erroneous interpretation of a policy, time requirement, or procedure; (iv) Relies on evidence presented through fraud or misrepresentation; or (v) Was made without evidence that should have been considered at the hearing by the hearing officer, but was not or had not been considered or presented during the course of the hearing. C. Notification of the Defendant Inmate. (1) Staff shall serve the completed wardens or designees review documentation on the defendant inmate by the 30th calendar day following the date on which the hearing officers decision was served on the defendant inmate. (2) If the review form is not received by the defendant inmate on the 30th calendar day, the: (a) Review process is complete; and (b) Hearing officers decision and sanction affirmed. .32 Post Hearing Procedures Rehearing a Case. A. Only the Director, or a designee, may remand a defendant inmate disciplinary case for a new hearing. B. The warden, or a designee, may without regard for a time requirement or procedure of a regulation of this chapter appeal to the Director, or a designee, a hearing officers decision, that may include a decision previously reviewed and affirmed by a warden. C. A warden, or a designee, may refer a hearing officers decision to the Director, or a designee, with a recommendation for a remand if there is cause to question the decision, regardless of a time requirement or procedure of this chapter. (1) The recommendation shall include the cause for the remand that is in accordance with Regulation .31B(2)(f) of this chapter. (2) When forwarded to the Director, or a designee, the appeal shall include copies of the hearing documents and related records for the case under appeal. D. If the Director, or a designee, does not approve the wardens recommendation to remand the case for a new hearing: (1) The Director, or a designee, shall notify the warden that the hearing officers original action is affirmed; and (2) The review by the warden is complete. E. If the Commissioner, or a designee, approves the wardens recommendation to remand the case for a new hearing, the Director, or a designee, shall notify the warden. F. A warden receiving notification under E of this regulation shall ensure that the remanded case: (1) Is heard anew (de novo) under the procedures contained in this chapter; and (2) Is not heard by the original hearing officer. G. Rehearing Procedure. (1) The time requirements and procedures that are in accordance with this chapter for investigation, drafting and service of the Notice of Inmate Rule Violation and Disciplinary Hearing form, and the defendant inmates appearance before the hearing officer are suspended for the process of a remanded hearing. (2) Staff shall serve a defendant inmate with notification advising the inmate of the order that the Commissioner, or a designee, Secretary, or a court has remanded the inmates Notice of Inmate Rule Violation and Disciplinary Hearing form for a new hearing. (3) When serving the notice of a remand order on the defendant inmate, staff shall provide the inmate with a copy of the inmates Notice of Inmate Rule Violation and Disciplinary Hearing form that is the basis for the rehearing order within 7 business days of the date a warden, or a designee, received notification of the order to rehear the case. H. When the defendant inmate is served with the completed notice of a remanded hearing order indicating that the Director, or a designee, the Secretary, or a court has remanded the case for a new hearing, the defendant inmate shall: (1) Indicate on the notice of a remanded hearing order in the designated section a request by name for representation, witnesses, or evidence for the inmates remanded hearing; and (2) Be provided a copy of the original Notice of Inmate Rule Violation Disciplinary Hearing form that is the basis of the remanded hearing order. (3) A failure to list representation, a witness, or evidence by name on the notice of a remanded hearing order shall constitute a waiver of representation, a witness, or evidence by the defendant inmate for the rehearing. (4) After service on a defendant inmate of both a copy of the notice of a remanded hearing order and the inmates Notice of Inmate Rule Violation Disciplinary Hearing form that is the basis of the rehearing, the inmate shall be scheduled to appear before a hearing officer within 7 business days following the date the inmate received the notice of a remanded hearing order. I. Once the remanded hearing is completed and if a warden disagrees with the decision of the hearing officer, the warden may not appeal the decision under the procedures of this regulation. J. The warden may appeal a remanded hearing decision to the Director, or a designee, in accordance with the procedures under Regulation .34 of this chapter. .33 Post Hearing Procedures Appeal. A. Appeal to the WardenDefendant Inmate. (1) A defendant inmate may only appeal a hearing officers guilty decision or [related] imposed sanction [resulting from a hearing]. (2) (5) (text unchanged) B. (text unchanged) C. The inmate appeal process under this chapter shall be considered concluded on the 30th calendar day following the date the inmate was served the hearing officers decision. D. A defendant inmate who elects to appeal a wardens affirmation of a hearing officers decision or sanction in the inmates disciplinary case may file an appeal to the Inmate Grievance Office as provided under COMAR 12.07.01.05 and .06C. .34 Post Hearing Procedures Review by the Director. A. The Director, or a designee, has: (1) Absolute discretion to modify, suspend, or terminate the inmate disciplinary process; and (2) Final authority to interpret the provisions of the inmate disciplinary process. B. The Director, or a designee, without regard for procedures or time limits established under this chapter, may review a disciplinary case or hearing officer decision. C. The Director, or a designee, without regard for a procedure or time requirement established under this chapter, may take an action, that includes, but is not limited to: (1) Remanding a decision for a new hearing or other action; (2) Modifying or vacating a sanction; (3) Reversing a decision; (4) Reducing a decision to an incident report; or (5) Expunging a decision. .35 Adjustment History Sentencing Matrix. A. The adjustment history sentencing matrix shall specify the disciplinary segregation or credit revocation penalties that may be imposed as sanctions on a defendant inmate found guilty of an inmate rule violation.
PROPOSED ACTION ON REGULATIONS 1536 B. When a segregation and or credit revocation sanction is imposed, the imposition shall be according to the procedures for the adjustment history sentencing matrix. C. The process of determining a sanction for imposition on a defendant inmate shall be based on identifying the appropriate sanction cell in the adjustment history sentencing matrix in which the sanction is found. D. A hearing officer shall determine an appropriate sanction cell by using the defendant inmates category of rule violation and adjustment history specified by the adjustment history sentencing matrix. E. Category of Inmate Rule Violation. The categories of inmate rule violations shall be stated in the adjustment history sentencing matrix by the classification of inmate rule violations enumerated in Regulation .04 of this chapter. F. Classification of Sanction. A sanction plotted in a sanction cell of the adjustment history sentencing matrix may be stated as either: (1) Optional and may be imposed; or (2) Mandatory and shall be imposed. G. Severity of Sanction. The severity of a sanction plotted in a sanction cell is determined by: (1) The category of a defendant inmates rule violation; and (2) The adjustment history of the defendant inmate. H. When a defendant inmate is convicted of an inmate rule violation, a hearing officer shall: (1) Review the adjustment history sentencing matrix; (2) Identify the category of the inmates rule violation; (3) Determine the adjustment history of the inmate; (4) Identify the appropriate sanction cell where the category of the rule violation and adjustment history of the inmate intersect in the adjustment history sentencing matrix; and (5) When plotted, determine if the sanction is optional or mandatory for imposition. I. Adjustment History. The adjustment history sentencing matrix shall classify inmate adjustment history as: (1) Poor, if the current inmate rule violation: (a) Occurs 3 months or less since the date of the last guilty decision for the last inmate rule violation on record in the defendant inmates case record file or the Department or Patuxent Institutions data management system; or (b) The current guilty decision involves a finding for an inmate rule violation listed under I(1)(b)(i)(vii) of this regulation and the defendant inmates case record or the Department or Patuxent Institutions data management system includes a previous guilty finding for the current or another inmate rule violation listed under I(1)(b)(i)(vii) of this regulation occurring in the stated time frame: (i) Killing, assaulting, battering, or using threatening language if the previous inmate rule violation guilty decision is within 5 years or less of the current inmate rule violation; (ii) Engaging in a disruptive act if the previous inmate rule violation guilty decision is within 3 years or less of the current inmate rule violation; (iii) Possessing a weapon or an article modified into a weapon, manufacturing a weapon, or possessing an implement, article, or tool that reasonably could be used as a weapon if the previous inmate rule violation guilty decision is within 4 years or less of the current inmate rule violation; (iv) Holding another individual hostage if the previous inmate rule violation guilty decision is within 5 years or less of the current inmate rule violation; (v) Possession of a telecommunication device if the previous inmate rule violation guilty decision is within 4 years or less of the current inmate rule violation; (vi) Unauthorized use, possession, or distribution of a substance that reasonably could be used as an intoxicant, a controlled dangerous substance, or a counterfeit substance, and paraphernalia used to administer an intoxicant, a controlled dangerous substance, or a counterfeit substance if the previous inmate rule violation guilty decision is within 3 years or less of the current inmate rule violation; or (vii) Refusing or failing to submit to an authorized urine, breath, or medical test if the previous inmate rule violation guilty decision is within 3 years or less of the current inmate rule violation; (2) Fair, if the current inmate rule violation occurs more than 3 months but less than 12 months from the last guilty decision for an inmate rule violation; (3) Good, if the current inmate rule violation occurs more than 12 months from the last guilty decision for an inmate rule violation; or (4) Violation free, if the inmate does not have a previous guilty decision for an inmate rule violation. J. Overriding an Adjustment History Matrix Sanction. (1) A hearing officer, if in disagreement with a sanction determined by the adjustment history sentencing matrix, may override the adjustment history of a defendant inmate identified by the procedures of the adjustment history sentencing matrix. (2) An override may be for the purpose of either enhancing or reducing the severity of a sanction due to an aggravating or mitigating factor, as specified in J 34 of this regulation, and shall be made by the hearing officer: (a) Rejecting the adjustment history determined by the adjustment history sentencing matrix; and (b) Selecting an alternative adjustment history from the adjustment history sentencing matrix. (3) The override to enhance the severity of a sanction may be based on one or more of the following aggravating factors: (a) A prior conviction history for the rule violation; (b) An act of violence; (c) Assault or battery; (d) Escape, attempted escape, or escape paraphernalia; (e) Weapon; (f) Drug, controlled dangerous substance, or intoxicant; (g)Telecommunication device; (h) Disruptive act; (i) Threat to security or safety; (j) Coercive, intimidating, or threatening language; (k) Sex act, masturbation, or indecent exposure; (l) The inmate visiting privilege; or (m) The need for progressive discipline. (4) The override to reduce the severity of a sanction may be based on one or more of the following mitigating factors: (a) No prior guilty conviction history of an inmate rule violation; (b) The time period since a previous conviction for the current inmate rule violation; (c) Minor severity of the inmate rule violation; (d) The need for progressive discipline; or (e) Acceptance of responsibility by the defendant inmate for the inmate rule violation found. (5) A hearing officer may not override an adjustment history sentencing matrix sanction by suspending the specified sanction and imposing probation. (6) When employing an override, a hearing officer shall cite in the written and audio inmate hearing records an aggravating or mitigating cause as specified under this regulation. K. A sanction once imposed may not be affected by a later modification of the defendant inmates disciplinary adjustment history record.
PROPOSED ACTION ON REGULATIONS 1537 .36 Interpreting Adjustment History Sentencing Matrix Sanctions. A. Plotted Sanction. (1) Only disciplinary segregation and credit revocation periods are plotted as sanctions in the adjustment history sentencing matrix. (a) Sanctions are plotted in the sanction cells of the adjustment history sentencing matrix. (b) After finding a defendant inmate guilty of an inmate rule violation, a hearing officer shall first determine the appropriate sanction cell identified by the intersection of the category of the inmates rule violation horizontal column and adjustment history vertical column in the adjustment history sentencing matrix to establish the severity of a sanction that may or shall be imposed. (2) A sanction plotted in a sanction cell may be stated as either a specific time period or the range of a sanction with a minimum to a maximum period that may be imposed. (3) Sanctions plotted in the adjustment history sentencing matrix may be either optional or mandatory for imposition. B. Numerical Value Plotted in the Adjustment History Sentencing Matrix. (1) If the numerical value plotted in an adjustment history sentencing matrix sanction is stated as: (a) 0, there is no sanction to impose for the inmate rule violation; (b) 0 or ..., the sanction is optional and within the discretionary judgment of a hearing officer; or (c) Not 0 or 0 or ..., a sanction within the range provided is mandatory and shall be imposed by a hearing officer. (2) A hearing officer may not, in lieu of an imposition, suspend for a period of probation an adjustment history sentencing matrix sanction. (3) A segregation or credit revocation period sanction not plotted in a sanction cell identified by the adjustment history sentencing matrix may not be imposed by a hearing officer. [A.] C. Segregation Sanction. [(1) If the applicable adjustment history sentencing matrix sanction is: (a) 0, there is no sanction to impose for the violation; (b) 0 or ..., the sanction is discretionary; or (c) Not 0 or 0 or ..., a sanction within the range provided is mandatory and shall be imposed.] (1) A segregation sanction may only be imposed when permitted under the procedures of the adjustment history sentencing matrix. (2) A hearing officer, when imposing a segregation sanction, may not impose a period of segregation less than the stated range of the sanction unless employing an adjustment history override as permitted under Regulation .35 of this chapter. (3) When a segregation sanction is plotted in a sanction cell as a range, it is within the discretionary judgment of a hearing officer as to what period of the sanction may be imposed. [(3)] (4) If a defendant inmate [is] was placed on administrative segregation [or cell restriction] for an inmate rule violation charged pending [a] the outcome of the inmates disciplinary hearing, the hearing officer shall credit the defendant inmate for the period of administrative segregation [or cell restriction] from the date of placement on administrative segregation [or cell restriction] when determining the effective date for a sanction imposed on the inmate as either cell restriction or segregation. D. Consecutive Segregation Sanction. (1) A segregation sanction may be imposed consecutively by a hearing officer under the procedures enumerated in D(2)(3) of this regulation. (2) A segregation sanction may be imposed consecutively to a segregation period imposed on a defendant inmate for a previous guilty finding of an inmate rule violation when a hearing officer determines the inmates current guilty finding is separate and distinct (by date, time, or finding of fact) of the reported event that constituted the basis for the previous guilty finding. (3) A segregation sanction may be imposed consecutively to another sanction when a guilty finding for an inmate rule violation charged involves one or more of the following aggravating factors: (a) Violence; (b) Assault or battery; (c) A willful and wrongful act causing injury to another; (d) Disruptive act; (e) Weapon; (f) Threat to security or safety; (g) Drug, controlled dangerous substance, or intoxicant; (h) Coercive, intimidating, or threatening language; (i) Telecommunication device; (j) Escape, attempted escape, or escape paraphernalia; (k) Visiting privilege; (l) Sex act, masturbation, or indecent exposure; (m) Collection or testing of a urine specimen; or (n) Tobacco where there is intent to distribute. (4) When a finding of guilt involves more than one category of inmate rule violation that occurred during a single reported event, a segregation period may not be imposed consecutively for each rule violation unless that finding involves an aggravating factor cited in D(3) of this regulation. (5) If a sanction imposed by a hearing officer is not specifically stated as consecutive, the sanction shall be interpreted to read as concurrent. E. Concurrent Segregation Sanctions. (1)A segregation sanction may be imposed concurrently. (2) When a finding of guilt involves more than one category of inmate rule violation that occurred during a single reported event, the segregation periods imposed for each inmate rule violation shall be concurrent. (a) For purposes of imposing a sanction, when a finding of guilt involves more than one category of inmate rule violation that occurred during a single reported event, the most severe category of inmate rule violation shall determine the maximum period of the sanction to impose. (b) A hearing officer may waive the concurrent period policy stated in this section and impose a consecutive segregation period if the guilty finding for a rule violation involves an aggravating factor cited in D(3) of this regulation. (3) A hearing officer shall indicate an effective date for a segregation sanction or sanctions imposed concurrently to another sanction. (4) When a sanction imposed has not been specifically stated as either concurrent or consecutive, the sanction shall be interpreted to read as concurrent. [B.] F. Credit Revocation [of Good Conduct or Special Projects Credit] Sanction. (1) [The hearing officer may revoke good conduct or special projects credit indicated in the adjustment history sentencing matrix] A credit revocation may only be imposed as a sanction when permitted by the adjustment history sentencing matrix. (2) [If a defendant inmate is guilty of multiple inmate rule violations in a single incident, the hearing officer shall only impose revocation of good conduct or special projects credit determined by the adjustment history sentencing matrix based on the most serious inmate rule violation] The revocation of credits plotted in a sanction cell of the adjustment history sentencing matrix is optional by a hearing officer unless that sanction is specifically cited as a mandatory revocation under the procedures F(4) of this regulation.
PROPOSED ACTION ON REGULATIONS 1538 (3) [If a defendant inmates good conduct credit is less than the amount to be revoked, the deduction shall be applied in whole, or in part, against the defendant inmates special projects credit balance] When a credit revocation sanction is plotted in a sanction cell as a range, it is within the discretion of a hearing officer as to the period of the sanction imposed. (4) Mandatory Credit Revocation. A hearing officer shall impose as a sanction the minimum or greater credit revocation period plotted in the adjustment history sentencing matrix when a guilty finding for an inmate rule violation charged involves one or more of the following aggravating factors: (a) Violence; (b) Assault or battery; (c) Disruptive act; (d) Weapon; (e) Drug, controlled dangerous substance, or intoxicant; (f) A urine specimen; (g) Telecommunication device; (h) Escape, attempted escape, or escape paraphernalia; (i) Coercive, intimidating, or threatening language; (j) Sex act, masturbation, or indecent exposure; (k) Inmate visiting privilege; and (l) Tobacco, where there is an intent to distribute. (5) When a finding guilt involves more than one category of inmate rule violation that occurred during a single reported event, the hearing officer may only impose the period of plotted credits for the most severe category of inmate rule violation as the balance of credits to be revoked for the event. (6) If a defendant inmates good conduct credit balance is found to be insufficient for the period of a credit revocation imposed, a deduction for the negative balance of credits due shall be applied, in whole or in part, by staff against the balance of the inmates earned special project credits. G. A sanction imposed becomes effective on the date determined by a hearing officer.
________________________________ .37 Adjustment History Sentencing Matrix. A. Adult Adjustment History Sentencing Matrix. Category Violation Free I [GCC] Credits SEG 3060 3060 6090 60[90] 120 ALL [GCC/SPC] CREDITS 0 1020 [0 or ] 0 or 30[60 ] 510 [0 or ] 0 or 15[30 ] [0 ] 5
Good 90120
Fair 90[120] 180
Poor 120ALL CREDITS [150] 180365
II
[GCC] Credits SEG [GCC] Credits
ALL [GCC/SPC] CREDITS 0 510 [0 or ] 0 or15[30 ] [0 or ]5 [0 or] [5] 0 [0 ] 5
ALL [GCC/SPC] CREDITS 0 or 15[30] 2030 [6090] 0 or 45 1020 [0 or ] 0 or 30[60 ] [0 ] 10
ALL [GCC/SPC] CREDITS 30[60] 3060 [90150 ] 60 2040 [6090 ] 45 [05] 1530
III SEG [GCC] Credits IV SEG [GCC] Credits
SEG 0 0 [0 or] 15 [15]30 Symbols: [GCC] Credits = Good conduct or special projects credit range [(stated as optional periods)] that may be [revoked] optional or mandatory for revocation. SEG = Disciplinary segregation period range [(stated as optional or mandatory periods)] that may be [imposed] optional or mandatory for imposition. Numerical value in [any cell] a Sanction Cell = [Number of days (stated as optional or mandatory periods) that may be imposed] Number of days or credits (stated as optional or mandatory periods) that may be optional or mandatory for imposition or revocation. 0 or 0 or = No matrix sanctions, or the matrix sanctions are optional. Definitions of Adjustment History: Violation-Free = No prior rule violation history Good = 12 months since the date of the last rule violation Fair = Less than 12 but more than 3 months since the date of the last rule violation Poor = 3 months or less since the date of the last rule violation or the [hearing officers] override of the matrix adjustment history to poor history under the procedures of I(1)(b) of Regulation .35 of this chapter
PROPOSED ACTION ON REGULATIONS 1539 B. Eligible Person and Youth Program Adjustment History Sentencing Matrix. Category Violation Free Good Fair I [GCC] Credits SEG 3060 5[10]20 [GCC/SPC] 6090 [7]10[14]30 ALL CREDITS 0 1020 510 510 010 0 [GCC/SPC] 90120 [10]20[21]30 ALL CREDITS 0 2030 714 1020 512 0 [GCC/SPC] Poor 120ALL CREDITS 14[28]60 ALL CREDITS 0 3060 1021 2040 721 05 [GCC/SPC]
II
[GCC] ALL Credits CREDITS SEG [GCC] Credits III SEG [GCC] Credits IV SEG [GCC] Credits 0 510 37 0 [or]5 07 0
SEG 03 05 3 [or] 10 521 * Nothing in this chart means that any special projects have been adopted within the Patuxent Program. References to SPC are made for Department consistency. Symbols: [GCC]Credits = Good conduct or special projects credit range (stated as optional periods) that may be revoked. SEG = Disciplinary segregation period range (stated as optional or mandatory periods) that may be imposed. Numerical value in any cell = Number of days (stated as optional or mandatory periods) that may be imposed. 0 or 0 or = No matrix sanctions, or the matrix sanctions are optional. Definitions of Adjustment History: Violation-Free = No prior violation history Good = 12 months since last violation Fair = Less than 12 but more than 3 months since last violation Poor = 3 months or less since last violation or the hearing officers override of the matrix adjustment history to poor history ________________________________
.39 Alternative Disciplinary and Informal Sanctions. A. Alternative disciplinary and informal sanctions are separate and distinct from the sanctions plotted in the adjustment history sentencing matrix. B. An alternative disciplinary sanction may be imposed independently of or in conjunction with: (1) Another alternative disciplinary sanction; or (2) An adjustment history sentencing matrix sanction. C. An informal sanction is included in an informal disposition accepted by a defendant inmate in accordance with the procedures of Regulation .06 of this chapter. D. The following [sanctions] may be imposed as sanctions for an informal [dispositions or] disposition, or in conjunction with [other] an adjustment history sentencing matrix [sanctions] sanction: [A.] (1) [C.] (3) (text unchanged) [D.] (4) Suspension of [any of] the following privileges: [(1)] (a) Radio, compact disc (CD) or tape player, television, telephone, or commissary, excluding personal hygiene and legal correspondence items, privileges for a specific period not to exceed [15] 60 calendar days as an informal sanction or 3 months as an alternative sanction; [(2)] (b) (text unchanged) [(3)] (c) [Visiting] Visitation [privileges] privilege, except legal and clergy, for a specific period not less than 15 calendar days
but not more than 2 months as an informal sanction or not less than 2 months but not more than 6 months as an alternative sanction; or [(4)] (d) [Any other] A specified facility privilege not included in this regulation for a specific period not to exceed [45] 90 calendar days as an informal sanction or 3 6 months as an alternative sanction; [E.] (5) Cell restriction for a specific period not to exceed 1 month an informal sanction or 2 months as an alternative sanction[; or]. [F. Forfeiture of property, that is confiscation of an article, item, or property determined to be contraband, including confiscation of unauthorized currency or currency in excess of allowable amounts.] E. The term cell restriction under D(5) of this regulation: (1) Includes the requirement that an inmate be restricted to a designated location and prohibited from participation in inmate privileges and activities to include recreation and commissary; but (2) Does not prohibit the inmate from participation in: (a) Work, program, or school assignments; (b) Meals; (c) Shower periods as permitted by a facilitys rules for an inmate designated cell restriction status; (d) Visitation periods as permitted by a facilitys rules for an inmate designated cell restriction status; (e) Facility passes;
PROPOSED ACTION ON REGULATIONS 1540 (f) A religious service as permitted by a facilitys rules for an inmate designated cell restriction status; and (g) Case management, medical, or psychological appointments. GARY D. MAYNARD Secretary of Public Safety and Correctional Services
13A.16.01 Scope and Definitions

Authority: Family Law Article, 5-560, 5-564, and 5-5705-585; State Government Article, 10-617; Human Services Article, 1-202; Annotated Code of Maryland Agency Note: Federal Statutory ReferenceAmericans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. 6081 et seq.)
Title 13A STATE BOARD OF EDUCATION

Subtitle 16 CHILD CARE CENTERS
[11-324-P]
The Interim State Superintendent of Schools proposes to amend: (1) Regulation .02 under COMAR 13A.16.01 Scope and Definitions; (2) Regulation .01 under COMAR 13A.16.02 License Application and Maintenance; (3) Regulation .06 under COMAR 13A.16.07 Child Protection; and (4) Regulations .01 and .02 under COMAR 13A.16.18 Administrative Hearings. Statement of Purpose The purpose of this action is to make licensed child care center regulations consistent with proposed COMAR 13A.18 Large Family Child Care Homes by modifying the existing definition of family child care and by restricting first-time licensure as a small center to persons who submit a licensing application for that purpose before January 1, 2012. In addition, certain requirements regarding abuse and neglect clearances and the administrative hearing process have been made consistent with corresponding provisions in COMAR 13A.15 Family Child Care and proposed COMAR 13A.18. Comparison to Federal Standards There is no corresponding federal standard to this proposed action. Estimate of Economic Impact The proposed action has no economic impact. Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small businesses. Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities. Opportunity for Public Comment Comments may be sent to Liz Kelley, Director, Office of Child Care, Division of Early Childhood Development, Maryland State Department of Education, 200 West Baltimore Street, Baltimore MD 21201, or call 410-767-7128 (TTY 410-333-6442), or email to liz.kelley@msde.state.md.us, or fax to 410-333-6226. Comments will be accepted through December 19, 2011. A public hearing has not been scheduled.
.02 Definitions. A. (text unchanged) B. Terms Defined. (1)(24) (text unchanged) (25) Family child care [has the same meaning as family day care as defined in Family Law Article, 5-501(e), Annotated Code of Maryland, and] means the care given to a child younger than 13 years old or to a developmentally disabled person younger than 21 years old, in place of parental care for less than 24 hours a day, in a residence other than the childs residence and for which the provider is paid, in accordance with Family Law Article, 5-5505-557.1, Annotated Code of Maryland. (26)(54) (text unchanged) (55) Successfully passed means, when used in connection with: (a) (text unchanged) (b) A review of records of abuse and neglect of children [or adults], that if an individual is: (i)(ii) (text unchanged) (56)(58) (text unchanged)
13A.16.02 License Application and Maintenance

.01 License General Requirements. A.F. (text unchanged) G. Effective January 1, 2012, the office may not: (1) Accept an application for an initial license as a small center; or (2) Issue a license to operate a small center, except that a license may be issued to: (a) An applicant for a license from whom the office received the license application before January 1, 2012; or (b) An operator already licensed to operate a small center before January 1, 2012.
13A.16.07 Child Protection

.06 Child Security. A.B. (text unchanged) C. Unless an employee or staff member has successfully passed federal and State criminal background checks and, if hired on or after October 1, 2005, a review of child [and adult] abuse and neglect records, the individual may not be alone with an unrelated child in care.
PROPOSED ACTION ON REGULATIONS 1541 D. An employee or staff member who has successfully passed federal and State criminal background checks and, if hired on or after October 1, 2005, a review of child [and adult] abuse and neglect records[,] shall: (1) (text unchanged) (2) Unless documentation is on file at the center that an independent contractor performing a service at the center has successfully passed federal and State criminal background checks and a review of child [and adult] abuse and neglect records, remain within sight and sound of the contractor whenever the contractor is in an area where children are present. E. (text unchanged) Statement of Purpose The purpose of this action is to establish a uniform fee or pricing schedule for reimbursing prescription drugs required to treat an injured covered employee irrespective of the identity of the person or entity that dispenses the prescription drug. Specifically, the pharmaceutical fee schedule is designed to eliminate the existing disparity in reimbursement rates between physician-dispensed and pharmacy-dispensed prescriptions by establishing a single reimbursement rate tied to the average wholesale price (AWP). In a recent study, the Workers Compensation Research Institute found that for several common physician-dispensed drugs, workers [in Maryland] received more prescriptions and pills than in other states where physician dispensing was not common. For these medications, physician-dispensers [in Maryland] were paid nearly double or triple the price paid to a pharmacy for the same prescription. Workers Compensation Research Institute, Prescription Benchmarks for Maryland, at 11 (March 2010). Maryland physicians were paid an average of $2.59 per pill when they dispensed, while retail pharmacies were paid $0.67 per pill. Id., at 14. Under the proposed fee schedule, the reimbursement rate a dispenser will be reimbursed for a brand drug is calculated by subtracting 10% of the AWP from the AWP and adding a $3 dispensing fee: BR = AWP (0.10 x AWP) + 3. Similarly, the reimbursement rate a dispenser will be reimbursed for a generic drug is calculated by subtracting 10% of the AWP from the AWP and adding a $5 dispensing fee as follows: GR = AWP (0.10 x AWP) + 5. For repackaged or compounded drugs, the AWP utilized in calculating the reimbursement shall be the AWP and corresponding NDC (National Drug Code) number, or AWP of the primary underlying active drug product used in the repackaging or compounding. This action further directs the Commission to designate a nationally recognized pharmaceutical publication as the source of AWP pricing and recognizes that a pharmacy and payer, or a pharmacy and a pharmacy benefits manager (PBM), may continue to enter into private contracts for pharmaceutical reimbursement. R. KARL AUMANN Chairman Workers Compensation Commission
13A.16.18 Administrative Hearings

Authority: Family Law Article 5-573 and 5-580; State Government Article, 10-204; Annotated Code of Maryland
.01 Scope. A. This chapter applies to hearings concerning actions taken by the Office of Child Care which adversely impact [on] child care center licenses and letters of compliance. These actions include denials, suspensions, or revocations of licenses or letters of compliance, [as well as] reductions in capacity or limitations on the ages or numbers of children who may be admitted to the child care center, and employment exclusions pursuant to COMAR 13A.16.06.03A or B. B. (text unchanged) .02 Definitions. A. (text unchanged) B. Terms Defined. (1)(6) (text unchanged) (7) Emergency Action. (a) (text unchanged) (b) Emergency action may include an emergency suspension, an immediate reduction in capacity, an immediate limitation on the ages or numbers of children who may be admitted to care, an employment exclusion pursuant to COMAR 13A.16.06.03A or B, [and] or an appeal filed by an individual pursuant to COMAR 13A.14.02.19-1D or 13A.14.05.19-1D. (8)(16) (text unchanged) BERNARD J. SADUSKY, ED.D. Interim State Superintendent of Schools
Subtitle 34 PUBLIC SCHOOL LABOR RELATIONS BOARD

[11-328-P]

Subtitle 09 WORKERS COMPENSATION COMMISSION
14.09.03 Guide of Medical and Surgical Fees
Authority: Labor and Employment Article, 9-309, 9-663, and 9-731, Annotated Code of Maryland
The Maryland Public School Labor Relations Board proposes to adopt: (1) Regulations .01.03 under a new chapter, COMAR 14.34.01 Recognition of Employee Organizations; and (2) Regulations .01.03 under a new chapter, COMAR 14.34.02 General Procedures. These two new chapters are being proposed under a new subtitle, Subtitle 34 Public School Labor Relations Board. This action was considered at a combination of two public meetings, one held on July 15, 2011, and the other held on September 16, 2011. Statement of Purpose The purpose of this action is to clarify the role of the Public School Labor Relations Board in the process of recognizing employee organizations that represent public school employees in the State of Maryland. This action also clarifies the general procedures to be used when bringing claims before the Board.
Notice of Change to Statement of Purpose

[11-305-P]
In Md. R. 38:23 14621465 (November 4, 2011), an incorrect Statement of Purpose was published in the proposal to amend Regulations .01 and .04 and adopt new Regulation .09 under COMAR 14.09.03 Guide of Medical and Surgical Fees. The corrected Statement follows.
PROPOSED ACTION ON REGULATIONS 1542 Comparison to Federal Standards There is no corresponding federal standard to this proposed action. Estimate of Economic Impact The proposed action has no economic impact. Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small businesses. Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities. Opportunity for Public Comment Comments may be sent to Erica Snipes, Executive Director, Public School Labor Relations Board, 839 Bestgate Road, Suite 400, Annapolis, MD 21401, or call 410-260-3216, or email to esnipes@laborboards.maryland.gov, or fax to 410-260-3219. Comments will be accepted through December 19, 2011. A public hearing has not been scheduled. determine the validity of the revocations and their effect upon the petition. (e) A petition under this regulation may not be considered valid if it is filed during the first year of a 2-year, or during the first or second year of a 3-year, written agreement between a public school employer and an incumbent exclusive representative. However, this paragraph may not be used in combination with any other law or regulation to bar an election for more than 3 consecutive calendar years. (f) All forms referenced in this chapter and set forth in it are mandatory. All appropriate blanks contained in the forms shall be completed before filing in order for the form, or signature, as appropriate, to be valid. (2) Not later than May 20 (in Baltimore City, October 20), the public school employer shall give reasonable notice (Form 3) to all public school employees as defined in Education Article, 6-401(c) or 6-501(c), Annotated Code of Maryland, as to the unit or units in which the subsequent election shall be held and the date of the election. A copy of the notice shall be sent to the Public School Labor Relations Board and the State Superintendent of Schools. (3) Not later than May 25 (in Baltimore City, October 25), all organizations, other than the incumbent exclusive representative, wishing to be the exclusive representative of the public school employees in a specified unit shall file with the public school employer a written certification of membership of at least 10 percent of the public school employees in the specified unit as of June 1 (Form 4). The election judge shall examine the records of any organization filing this certification and shall verify that the organization has as members the requisite number of public school employees as specified in this subsection in accordance with that organizations membership requirements. (4) The incumbent exclusive representative shall be automatically placed on the ballot. B. Units Where There Is No Exclusive Representative. (1) Original requests for exclusive recognition shall be filed with the public school employer no later than May 25 (in Baltimore City, October 25), by any employee organization certifying that it has at least 30 percent of the public school employees in a given unit as of June 1 (Form 5). When an organization makes an original request for exclusive recognition and has filed Form 5, all other employee organizations wishing a representation election shall file with the public school employer a written certificate of membership of at least 10 percent of the public school employees in the specified unit as of June 1 (Form 6). This form shall be submitted no later than May 28 (in Baltimore City, October 28). Subject to B(2) of this regulation, if one or more organizations of public school employees certifies a membership of public school employees, pursuant to this section, the public school employer shall, no later than May 31 (in Baltimore City, October 31), give reasonable notice (Form 3) to the Public School Labor Relations Board and all public school employees as to the unit or units in which the subsequent election shall be held and the date of the election. (2) If no organization certifies a 10 percent membership under B(1) of this regulation by May 28 (in Baltimore City, October 28), the organization which has certified 30 percent membership may petition by May 31 (in Baltimore City, October 31) that it has a membership enrollment of the majority of the public school employees in the unit in the county or Baltimore City (Form 7). In this event, an election may not be held and the public school employer shall designate the employee organization as the exclusive representative of all public school employees in the unit in the county or Baltimore City (Form 8). C. Elections may be held on any working day for public school employees no earlier than June 1 (in Baltimore City, November 1),
14.34.01 Recognition of Employee Organizations

Authority: Education Article, 6-405, 6-505, and 6-506 and Title 6, Subtitle 8, Annotated Code of Maryland
.01 Substantial Incorporation of State Board of Education COMAR Provisions. COMAR Title 13A.02.08 has been used as the primary source for this chapter; however, many internal references have changed to reflect the jurisdiction of the Public School Labor Relations Board over matters surrounding Recognition of Employee Organizations. .02 Certification of Eligible Representative or Organizations. A. Units Where There Is an Incumbent Exclusive Representative. (1) Written Petition. (a) All public school employees who desire a representation election shall advise, by written petition to the local superintendent of schools (Form 1) signed by more than 20 percent of the public school employees in the unit, of this desire not later than May 15 (in Baltimore City, October 15). Form 1 may be submitted in single card or multiple signature petition format, or a combination of both. (b) A public school employees signature on the written petition may afterwards be revoked in writing (Form 2). Revocation shall be submitted to the public school employer not later than May 15 (in Baltimore City, October 15). However, after executing a written revocation, the public school employee may not once again sign the written petition. (c) Once filed with the public school employer, the written petition may not be available for inspection or copying. The public school employer shall immediately notify the Public School Labor Relations Board and the State Superintendent of Schools of the filing of the petition. The Public School Labor Relations Board shall promptly appoint an election judge, who will meet with representatives of the public school employer, the incumbent exclusive representative, and any other employee organization which has previously filed Form 4, in order to select an appropriate election date. (d) The public school employer shall compare the signatures and Social Security numbers on the written petition with the employers payroll records and shall, on or before May 25 (in Baltimore City, October 25), verify to the election judge that the written petition contains valid signatures from the requisite number of public school employees specified in A(1)(a) of this regulation. The public school employer shall simultaneously submit to the election judge the original of the petition, as well as the originals of any revocations which have been filed. The election judge shall
PROPOSED ACTION ON REGULATIONS 1543 and no later than June 15 (in Baltimore City, November 15), except for the last working day in any school system. D. Immediately following the tabulation of the election results, the election judge shall certify the results of the election to the Public School Labor Relations Board by certified mail (see Form 9). E. No later than June 15 (in Baltimore City, November 15) the public school employer in accordance with the provisions of Education Article, Title 6, Subtitle 4 or 5, Annotated Code of Maryland, and the regulations of the Public School Labor Relations Board shall designate the exclusive representative of all public school employees in a given unit and so notify the appropriate organizations (Form 8). .03 Conduct of Elections. A. Subsequent to the filing of a 10 percent certification in accordance with Regulation .02A(3) or B(1) of this chapter, the local superintendent of schools shall assign reasonable bulletin board space and other display areas in all school facilities to all qualifying competing organizations of public school employees. Each organization shall be provided with equal space. B. Each competing organization shall be permitted to use whatever distribution systems are normally available through the local board of education in accordance with its existing policies. C. Materials from representatives of the competing organizations shall be appropriately distributed to all affected employees. D. Representatives of competing organizations shall be permitted to meet with employees, individually and in groups, on school premises, but the meetings may not interfere in any way with work schedules, but shall be permitted during non-duty breaks or immediately preceding or following the work day. E. Voting without intimidation, duress, or coercion will take place within every school facility where eligible public school employees normally work. A person may not be in the vicinity of the balloting box when voting is taking place, except those permitted to vote, the clerk, and the designated challengers or the election judge. The polling place location shall be posted on the school bulletin board at the same time as the election notice is posted. The designation of the polling place in each facility shall be the responsibility of the local superintendent of schools. The polling facilities will be designed to assure a secret ballot for each voter. F. Lists of eligible voters for each polling place shall be provided by the local superintendent of schools to all competing organizations and the Public School Labor Relations Board. Only regularly employed school personnel shall be eligible to vote. G. The local board of education shall designate at least one election clerk for each polling place. Except in cases of emergency, as determined by the election judge, or upon mutual agreement of the competing organizations, election clerks shall be persons who are not eligible to vote in any public school employee representative election under the provisions of Education Article, Title 6, Subtitle 4 or 5, Annotated Code of Maryland. This person shall have custody of all ballots and eligibility lists, shall determine the eligibility of each voter, shall issue a ballot (Form 10) to each eligible voter, and shall require the voter to sign the eligibility list. At the close of the polls, the election clerk shall return the ballot box, the unused ballots, and the voters lists to the central tabulating station. H. The Public School Labor Relations Board shall appoint for each election an election judge who shall have the responsibility and authority to resolve any matters in dispute regarding the election. The election judge may not be a member of or an employee of the local board of education or of any organization seeking exclusive representation in that school system. I. A notice of election shall be posted in each school facility before election day. This notice of election shall designate the employee unit, date, time, place of election in each school facility, and instructions to voters (see Form 3). J. The local board of education shall establish an office for the election judge. All competing organizations shall be notified of the location and telephone numbers of the election office. K. The local board of education shall assist the Public School Labor Relations Board in designating a central location for the collection and tabulation of ballots following the election. Competing organizations shall be notified of the location of this tabulation center. L. Election hours shall be during the regular working hours for the employees in the unit for which the election is held. The local superintendent of schools, with the concurrence of representatives of the organizations who will appear on the ballot, or, if the superintendent has failed to act, the election judge shall determine the hours during which the polls will be open at each school. Except as otherwise determined by the election judge, the polls at each school shall be open for an amount of time at least equal to the number of eligible voters multiplied by 5 minutes, but this may not exceed the working day. M. Absentee ballots shall be made available by the election judge only to those otherwise eligible voters who are away from their assigned work locations on the day of the election at the direction of the public school employer. N. Each organization may have an observer at each polling place during the election. At the conclusion of the election, the observers may accompany the election clerk in the return of the ballot box to the central tabulating office. Two observers from each competing organization may be present during the counting and tabulating of ballots. If it is necessary to employ substitutes for employees who are serving as observers, the competing organizations shall pay the necessary compensation. O. A ballot box shall be provided by the local board of education for each polling place. The ballot boxes shall be of such construction as to safeguard the secrecy of the ballots and their security. Slots in the ballot boxes shall be sealed before the opening of the polls. The election clerk shall break the seals and examine the boxes, in the presence of the observers, if any, when the polls are opened. The election clerks shall reseal the slots at the close of the polls in such a manner that the ballots within are absolutely secure. The seal on the ballot box shall be signed by the election clerk and the observers, if any, and examined by the election judge before opening the ballot box for tabulation. P. Ballot boxes shall be distributed to the polling places by a procedure established by the election judge. Q. Printed paper ballots shall be furnished by the local board of education, with a copy of the ballot forwarded to the Public School Labor Relations Board in accordance with the attached recommended form (see Form 10). R. Placement of the exact official names of organizations on the ballots shall be determined by the election judge after discussion with the competing organizations. S. Every eligible voter shall be notified by the local board of education that he or she shall be required to show some form of identification, such as social security card, drivers license, charge plate, credit card, or other document to which his or her signature is affixed in order to obtain an official ballot and vote in the election. Organizational or membership cards may not be accepted as identification, even if the signature appears on it. If the voter does not have proper identification and if the observers from the organizations listed on the ballot agree to the voters eligibility, the voter may vote a regular ballot. Otherwise, a challenge ballot shall be used. T. A challenge ballot shall be a regular ballot which is folded, placed first in an unmarked envelope, which is in turn placed in an envelope clearly marked with the word challenge. The
PROPOSED ACTION ON REGULATIONS 1544 challenge envelope shall be signed by the voter, sealed by the election clerk, with the reason for the challenge noted, and placed in the ballot box. U. Eligible voters not appearing on the voting lists shall vote a challenge ballot. The election judge shall determine the eligibility of the voter casting such a challenged ballot and the election judges determination shall be final. V. Signed ballots and those bearing written comments shall be declared void. The election judge shall determine the validity of all other ballots, and the election judges determination shall be final. W. On election day, campaigning may not be allowed in the building or within 75 feet of the entrance to the building where voting takes place. Membership buttons may be worn.
________________________________
Form 1
Request for Representation Election Must Be Signed by More than 20 Percent of Public School Employees in a Unit (Must be filed prior to the Close of Business on May 15, or October 15 in Baltimore City) (Year) Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, the undersigned employee(s) of the _______1 unit of employees of the Board of Education of _______ hereby request(s) that an election be held in June (or November in Baltimore City) (Year) to designate an exclusive bargaining representative for the aforesaid unit. NOTE: ALL ITEMS MUST BE COMPLETED IN ORDER FOR YOUR SIGNATURE TO BE VALID. Printed Name of Public School Signature of Public School Employee Employee ________________ ________________ ________________ ________________ ________________ ________________ ________________ ________________ 1 (e.g., professional, administrative, or classified unit(s)) Social Security No. of Public School Employee ________________ ________________ ________________ ________________ Date ________________ ________________ ________________ ________________
Form 2
Revocation of Signature on Form 1 I hereby revoke my prior signature on the election petition known as the Request for Representation Election. I understand that by revoking this signature I am waiving my right to once again sign the petition during the present school year. NOTE: ALL ITEMS MUST BE COMPLETED IN ORDER FOR THIS REVOCATION TO BE VALID. ____________________ Printed Name of Public School Employee _____________________ Signature of Public School Employee ___________________ Social Security No. of Public School Employee ________________ Date
Form 3
Notice of Election Date, Time, and Place of Election Date: _____________________ Time: Regular working day for employees Place: Each school or educational facility Secret Ballot Voting will take place within every school or facility where eligible public school employees normally work. The designation of the polling place in each facility shall be determined by the election judge in consultation with the person in charge of each school or facility. The polling place shall permit each individual to vote free from observation by other individuals. Authorized Observers Each organization may have an observer at each polling place during the duration of the election. At the conclusion of the election the observers may accompany the election clerk to the central tabulating office. Tally A ballot box shall be provided by the local board of education for each polling place. The ballot boxes shall be of such construction as to safeguard the secrecy of the ballots and their security. Slots in the ballot boxes shall be sealed before the opening of the polls. The boxes shall be unsealed and examined by the election clerks, in the presence of the observers, if any, when the polls are opened. The slots shall be resealed by the election clerks at the close of the polls in such a manner that the ballots within are absolutely secure. The seal on the ballot box shall be signed by the election clerk and the observers, if any, and examined by the election judge before opening the ballot box for tabulation.
PROPOSED ACTION ON REGULATIONS 1545 Identification Every eligible voter shall be required to show some form of identification, such as drivers license, charge plate, credit card, or other document to which the voters signature is affixed in order to obtain an official ballot and vote in the election. Organizational or membership cards may not be accepted as identification. If the voter does not have proper identification and if the observers from the organizations listed on the ballot agree to the voters eligibility, the voter may vote a regular ballot. Otherwise, a challenge ballot shall be used. Challenge Ballots A challenge ballot shall be a regular ballot cast, which is folded, placed first in an unmarked envelope, which is in turn placed in an envelope clearly marked with the word challenge. The challenge envelope shall be signed by the voter, sealed by the election clerk, with the reason for the challenge noted, and placed in the ballot box. Eligible voters not appearing on the voting lists shall cast a challenge ballot. Validity of Ballots Signed ballots and those bearing written comments shall be declared void. The election judge shall determine the validity of all other ballots. Campaigning On election day, campaigning may not be allowed in the building or within 75 feet of the entrance to the building where voting takes place. Membership buttons may be worn. If a voter presents himself wearing anything which appears to be of a campaigning nature, the election clerk shall request the voter to remove it.
Form 4
Request for Exclusive Representation by an Organization Certifying at Least 10 Percent of the Public School Employees of a Designated Unit (Must be filed prior to the Close of Business on May 25, or October 25 in Baltimore City) (Year) Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, ____________1 hereby certifies to __________________ 2 through its duly authorized agents that it is a public school employee organization which has a member enrollment of at least 10 percent of the total number of public school employees in ____________ 3 as of June 1, (Year) and requests that an election be held, in which the public school employees in this unit shall be offered a choice among all qualifying employee organizations as the exclusive representative of all public school employees in the unit or of no exclusive representation. By this certification and request it is hereby agreed by the above stated public school employee organization that the Public School Labor Relations Board may at any reasonable time and in any reasonable manner verify the facts of membership certified to in this request before the designation of an exclusive representative, if any, as requested. Witness our hands and seals as the duly authorized representatives of the above named public school employee organization this _______ day of May (or October in Baltimore City) (Year). ___________________________________________________________ Name of Organization By:__________________________________ Signature of Authorized Representative ________________________ Official Organization Position _________________________ Date Signed
1 2
By:_________________________________ Signature of Authorized Representative ________________________ Official Organization Position _________________________ Date Signed
Public school employee organization Local school board 3 Designated public school employee unit
Form 5 (Only to be filed where there is no incumbent exclusive representative)

Request for Exclusive Representation by an Organization Certifying at Least 30 Percent of the Public School Employees of a Designated Unit (Must be filed prior to the Close of Business on May 25, or October 25 in Baltimore City) (Year) Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, _________ 1 hereby certifies to __________ 2 through its duly authorized agents that it is a public school employee organization which has a member enrollment of at least 30 percent of the total number of public school employees in _________ 3 as of June 1, (Year) and hereby states that this certification shall constitute a request for recognition as exclusive representative for all public school employees in this unit.
PROPOSED ACTION ON REGULATIONS 1546 By this certification and request it is hereby agreed by the above stated public school employee organization that the Public School Labor Relations Board may at any reasonable time and in any reasonable manner verify the facts of membership certified to in this request before the designation of an exclusive representative, if any, as requested. Witness our hands and seals as the duly authorized representatives of the above named public school employee organization this _______ day of May (or October in Baltimore City) (Year). ___________________________________________________________ Name of Organization By:__________________________________ Signature of Authorized Representative ________________________ Official Organization Position _________________________ Date Signed
1 2
By:__________________________________ Signature of Authorized Representative ________________________ Official Organization Position _________________________ Date Signed
Form 6 (Only to be filed if Form 5 is filed)

Request for Exclusive Representation by an Organization Certifying at Least 10 Percent of the Public School Employees of a Designated Unit (where Form 5 is filed) (Must be filed prior to the Close of Business on May 28 or October 28 in Baltimore City) (Year) Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, ________ 1 hereby certifies to __________ 2 through its duly authorized agents that it is a public school employee organization which has a member enrollment of at least 10 percent of the total number of public school employees in _______ 3 as of June 1, (Year) and requests that an election be held, in which the public school employees in this unit shall be offered a choice among all qualifying employee organizations as the exclusive representative of all public school employees in the unit or of no exclusive representation. By this certification and request it is hereby agreed by the above stated public school employee organization that the Public School Labor Relations Board may at any reasonable time and in any reasonable manner verify the facts of membership certified to in this request before the designation of an exclusive representative, if any, as requested. Witness our hands and seals as the duly authorized representatives of the above named public school employee organization this _____ day of May (or October in Baltimore City) (Year). ___________________________________________________________ Name of Organization By:__________________________________ Signature of Authorized Representative ________________________ Official Organization Position _________________________ Date Signed
1 2
Form 7
Petition by an Organization that It Has a Membership of a Majority of the Public School Employees in a Designated Unit, Where It Has Filed a 30 Percent Membership Certification and No Other Organization Certified a 10 Percent Membership of Unit Members (Must be filed by May 31 or October 31 in Baltimore City) (Year) Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, _________ 1 hereby certifies to ________2 through its duly authorized agents that it has previously filed Form 5, certifying that it has at least 30 percent of the public school employees in _________3 as of June 1, (Year); that no other organization has certified that it has a membership of 10 percent of the members of said unit; and that _________1 hereby certifies that it has a membership enrollment of the majority of the public school employees in said unit.
PROPOSED ACTION ON REGULATIONS 1547 By this certification, it is requested that _________ designate _________ as the exclusive representative of all public school employees in said unit. ___________________________________________________________ Name of Organization By:__________________________________ Signature of Authorized Representative ________________________ Official Organization Position _________________________ Date Signed
1 2 2 1
By:__________________________________ Signature of Authorized Representative ________________________ Official Organization \Position _________________________ Date Signed
Form 8
Designation of Exclusive Public School Employee Organization by Local School Board On the aforegoing certification the ______1 by resolution hereby designates ______2 as the exclusive public school employee organization for the ______3 beginning June (November) _____, (Year) and continuing as provided by law. ___________________________________________________________ Name of Organization By:__________________________________ Signature of Authorized Representative ________________________ Official Organization Position _________________________ Date Signed
1 2
Local school board Employee organization 3 Designated public school employee unit
Form 9
Certification of Election Results in the Matter of the Election __________ 1 Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, ______ 2 conducted a representation election to determine whether eligible public school employees of ______ 1 wished to be represented by ______3 or neither organization. The Public School Labor Relations Board duly designated the undersigned to supervise and preside over the election and to issue a certification of the results thereof. The balloting took place at all school and other educational facilities on June (November) __________, (Year) from ______ to ______. 4 The vote was by paper ballot. The tally took place immediately after the closing of the polls at _____. 5 Challenged ballots neither ruled on nor counted: _______.6 Results are certified to be as follows: Public School Employee Organization3 Public School Employee Organization3 No Exclusive Representation Void Blank Dated7: June (November) __ (Year) _____________________ _____________________ _____________________ _____________________ _____________________ ____________________8 Election Judge (printed) ____________________ Election Judge (signature)
1 2
Designated public school employee unit (include County (City) in designation) Local school board MARYLAND REGISTER, VOLUME 38, ISSUE 24, FRIDAY, NOVEMBER 18, 2011
PROPOSED ACTION ON REGULATIONS 1548

3 4
Competing public school employee organizations Hours for balloting 5 Location of central ballot counting 6 Ballots not counted 7 Date of election tally 8 Printed name and signature of election judge
Form 10
Representation Election Ballot ____________________________ (Unit) ____________________________ (Local Board) ____________________________ (Date of Election) Mark your choice with (X) in one box only. Do not sign ballot or make any other marks [ ] _______________________________________________ (Name of Organization) [ ] _______________________________________________ (Name of Organization) [ ] No Exclusive Representation ________________________________
14.34.02 General Procedures

Authority: Education Article, 2-205(e), 6-403, 6-407, 6-408(a)(1), 6408(c)(5), 6-408(e)(1), 6-409, 6-504(a), 6-509, 6-510(a)(1), 6-510(c)(5), 6510(e)(1), and 6-512 and Title 6, Subtitle 8, Annotated Code of Maryland
NOTE: All forms referenced in the following regulations appear at the end of the Proposed Action on Regulations section of this issue of the Maryland Register.
.01 Charge of violation of Title 6, Subtitle 4 or Subtitle 5, of Education Article. A. A party alleging a violation of Education Article, Title 6, Subtitle 4 or Subtitle 5, Annotated Code of Maryland, may request relief from the Public School Labor Relations Board by completing Form PSLRB-05 and filing it with the Executive Director of the Board. B. In order to be timely, Form PSLRB-05 must be filed with the Executive Director of the PSLRB within 60 days after the charging party knew, or reasonably should have known, of the statutory violation alleged. C. The Board or the Executive Director may extend this time period: (1) Before the initial time period ends, without motion or notice, if good cause for the extension is shown; and (2) After the initial time period ends, upon written motion filed with the Executive Director, if the failure to act was the result of excusable neglect or good cause. .02 Requests to Resolve a Dispute as to Negotiability. A party requesting a resolution of a dispute as to negotiability may request relief from the Public School Labor Relations Board by completing Form PSLRB-04 and filing it with the Executive Director of the Board. .03 Requests for Determination that an Impasse in Negotiations Has Been Reached. A. A party requesting a determination that an impasse in negotiations has been reached may request relief from the Public
School Labor Relations Board by completing Form PSLRB-01 and filing it with the Executive Director of the Board. B. In response to a filing of Form PSLRB-01, the Public School Labor Relations Board may, after internal deliberations and investigation, as appropriate, issue Form PSLRB-02 (Notice of Determination that an Impasse in Negotiations Has Been Reached) or Form PSLRB-03 (Notice of Determination that an Impasse in Negotiations Has Not Been Reached). ERICA SNIPES Executive Director Public School Labor Relations Board
Title 31 MARYLAND INSURANCE ADMINISTRATION

Subtitle 10 HEALTH INSURANCE GENERAL
31.10.01 Health Insurance
Authority: Insurance Article, 2-109, 12-203, [13-110(a), 13-111(b), 14109(3)(iv), 14-405(b)(9), 14-410(c), 15-903, 15-904, 15-90615-908, and 15-911; Health-General Article, 19-713;] 12-205, and 14-126(a)(1), Annotated Code of Maryland

[11-327-P]
The Insurance Commissioner proposes to amend Regulation .01, adopt new Regulation .02, and amend and recodify existing Regulation .02 to be Regulation .03 under COMAR 31.10.01 Health Insurance. Statement of Purpose The purpose of this action is to require notice of a rate increase to a health benefit plan policyholder in the individual market at least 45
PROPOSED ACTION ON REGULATIONS 1549 days before the change in premium rates is proposed to be effective, to make technical corrections, and to add clarifying definitions. The 45-day notice is the same notice that already exists for health benefit plans issued by health maintenance organizations in the individual market and is the same time frame for health benefit plans in the group market. Prior to this amendment the notice period was 40 days before the expiration of the grace period applicable to the first increased premium. The grace period is 31 days for individual health benefit plans, so the health benefit plan policyholder was receiving notice only 9 days prior to the premium increase taking effect. This action provides consistent notice periods for all health benefit plan policyholders. The Commissioner is proposing this change so that the notification period is uniformly 45 days for health benefit plans in the individual and group markets. This change was also a recommendation from Oliver Wyman Actuarial Consulting, Inc., the firm retained by the Commissioner to recommend changes to the rate review process in Maryland. Comparison to Federal Standards There is no corresponding federal standard to this proposed action. Estimate of Economic Impact The proposed action has no economic impact. Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small businesses. Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities. Opportunity for Public Comment Comments may be sent to Katrina Lawhorn, Regulations Coordinator, Maryland Insurance Administration, 200 St. Paul Place, Suite 2700, Baltimore, Maryland 21202, or call 410-468-2450, or email to klawhorn@mdinsurance.state.md.us, or fax to 410-4682020. Comments will be accepted through December 19, 2011. A public hearing has not been scheduled. .01 Applicability. Every health insurance policy issued under Insurance Article, Title 15, Annotated Code of Maryland, as amended to date, shall comply with this chapter (except that Regulation [.02D] .03D and J of this chapter are not applicable to policies issued under Insurance Article, Title 13, Subtitle 3), as well as with any other regulations promulgated under Insurance Article, 12-203, concerning the submission of forms. As used in these regulations, the word [form] forms includes applications, policies, certificates, contracts, riders, and endorsements except when the context indicates otherwise. .02 Definition. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) Carrier means a person that is: (a) An insurer; or (b) A nonprofit health service plan. (2) Health benefit plan has the meaning stated in Insurance Article, 15-1301, Annotated Code of Maryland. (3) Individual health benefit plan means a health benefit plan issued by a carrier to a policyholder to cover: (a) The policyholder; (b) The policyholders dependents; or (c) The policyholder and the policyholders dependents. (4) Policyholder means the person to whom the carriers contract is issued. MARYLAND REGISTER, VOLUME 38, ISSUE 24, FRIDAY, NOVEMBER 18, 2011 [.02] .03 Filing of Health Insurance Forms for Approval. A. (text unchanged) A-1. [An insurer] A carrier submitting forms for approval, or premiums for forms pending approval or previously approved, shall print or type in a conspicuous manner immediately below the name of the [insurer] carrier on the letter of transmittal the [insurers] carriers National Association of Insurance Commissioners (NAIC) company code number. B. Any name or title of a policy should be printed in a size of type smaller than that used for the name of the [insurer] carrier. C.Q. (text unchanged) R. [In] Except in the case of a health benefit plan, in any policy form in which the [insurer] carrier has the right to change premium rates, the policy shall provide that notice of any increase in rates shall be given to the policyholder by mail at least 40 days before the expiration of the grace period applicable to the first increased premium. S. In any individual health benefit plan in which the carrier has the right to change premium rates, the health benefit plan shall provide that notice of any increase in premium rates shall be given to the policyholder by mail at least 45 days before the change in premium rates is proposed to become effective. [S.] T. (text unchanged) THERESE M. GOLDSMITH Insurance Commissioner
1550
Errata
COMAR 09.03.12
At 38:23 Md. R. 1416 (November 4, 2011), column 2, after line 5 from the top, insert: Editors Note: The text of this document will not be printed here because it appeared as a Notice of Proposed Action in 38:21 Md. R. 12891292 (October 7, 2011), referenced as [11-264-P].
COMAR 10.54.03
At 38:23 Md. R. 1416 (November 4, 2011), column 2, before line 2 from the bottom, insert: Editors Note: The text of this document will not be printed here because it appeared as a Notice of Proposed Action in 38:21 Md. R. 12961297 (October 7, 2011), referenced as [11-283-P].
COMAR 11.18.02
At 38:23 Md. R. 1417 (November 4, 2011), column 1, after line 17 from the top, insert: Editors Note: The text of this document will not be printed here because it appeared as a Notice of Proposed Action in 38:22 Md. R. 1374 (October 21, 2011), referenced as [11-299-P].
COMAR 34.04.07
At 38:23 Md. R. 1418 (November 4, 2011), column 2, before line 2 from the bottom, insert: Editors Note: The text of this document will not be printed here because it appeared as a Notice of Proposed Action in 38:20 Md. R. 1252 (September 23, 2011), referenced as [11-265-P].
[11-24-39]
COMAR 10.07.05
At 38:21 Md. R. 1277 (October 7, 2011), column 2, delete lines 1416 from the top.
[11-24-40]
1551
Special Documents
MARYLAND HEALTH CARE COMMISSION
Application for Waiver to Provide Primary Percutaneous Coronary Intervention (pPCI) Services
The Maryland Health Care Commission hereby publishes this schedule for the submission of applications to request a waiver to provide primary percutaneous coronary intervention (pPCI) services in a hospital without on-site cardiac surgery. The Commission will receive applications on the dates listed below. This schedule extends the schedule published in 38:4 Md. R. 301 (February 11, 2011). A hospital that seeks to initiate pPCI services without on-site cardiac surgery must submit an application for a waiver. A hospital with a 2year pPCI waiver must submit an application for the renewal of its waiver. A hospital that has received a 1-year waiver to initiate a pPCI program must provide pPCI services for a 1-year period before receiving a 2-year waiver. An applicant must demonstrate the ability to comply with all requirements for pPCI programs without on-site cardiac surgery as specified in the regulations. The general procedure to obtain a pPCI waiver is set forth at COMAR 10.24.17.05D(1). For further information about this schedule, call Christina Daw, Health Policy Analyst, Specialized Services Policy and Planning, at 410764-8790. Applications from Hospitals Seeking to Initiate pPCI Services Metropolitan Baltimore January 11, 2012 Metropolitan Washington April 12, 2012 Eastern Shore July 12, 2012 Western Maryland October 11, 2012 Metropolitan Baltimore January 10, 2013 Renewal Applications from Hospitals with 2-Year pPCI Waivers Waiver Issued in February 2011 November 14, 2012 Waiver Issued in March 2011 December 12, 2012 Waiver Issued in May 2011 February 13, 2013 Waiver Issued in June 2011 March 13, 2013 Waiver Issued in September 2011 June 12, 2013 Waiver Issued in December 2011 September 11, 2013 Applications for 2-Year Waivers from Hospitals with 1-Year pPCI Waivers A hospital with a 1-year pPCI waiver must file an application seeking a 2-year waiver 90 days before the anniversary date of its initiation of primary PCI services at the hospital.
[11-24-38]
1552
General Notices
Notice of ADA Compliance The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings. Anyone planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay. ATHLETIC COMMISSION Subject: Public Meeting Date and Time: December 2, 2011, 2 4 p.m. Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD Contact: Patrick Pannella (410) 230-6223
[11-24-22]
COMMISSION ON CRIMINAL SENTENCING POLICY Subject: Public Meeting Date and Time: December 13, 2011, 5 5:45 p.m. Place: Judiciary Committee Hearing Rm., House Office Bldg., Annapolis, MD Contact: David Soule (301) 403-4165
[11-24-16]
their comments or other material amplifying their views. Contact: Charlene L. Necessary (410) 7670467
[11-24-05]
ELEVATOR SAFETY REVIEW BOARD Subject: Public Meeting Date and Time: December 1, 2011, 1:30 5 p.m. Place: 500 N. Calvert St., 2nd Fl. Conf. Rm., Baltimore, MD Contact: Raquel M. Meyers (410) 2306379
[11-24-01]
BOARD FOR THE CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM ADMINISTRATORS Subject: Public Meeting Date and Time: December 9, 2011, 9 a.m. Place: 4201 Patterson Ave., Rms. 100/107, Baltimore, MD Contact: Carol Johnson (410) 764-5996
[11-24-07]
COMMISSION ON CRIMINAL SENTENCING POLICY Subject: Public Hearing Date and Time: December 13, 2011, 6:15 8 p.m. Place: Judiciary Committee Hearing Rm., House Office Bldg., Annapolis, MD Contact: David Soule (301) 403-4165
[11-24-17]
STATEWIDE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (SEMSAC) Subject: Public Meeting Date and Time: December 1, 2011, 1 3 p.m. Place: 653 W. Pratt St., Ste. 212, Baltimore, MD Addl. Info: The State Emergency Medical Services Advisory Council (SEMSAC) meets regularly the 1st Thursday of each month. Contact: Leandrea Gilliam (410) 706-4449
[11-24-10]
BOARD OF CHIROPRACTIC AND MASSAGE THERAPY EXAMINERS Subject: Public Meeting Date and Time: December 8, 2011, 10 a.m. 1 p.m. Place: Dept. of Health and Mental Hygiene, 4201 Patterson Ave., Rm. 108/109, Baltimore, MD Contact: Maria Ware (410) 764-5902
[11-24-25]
PROFESSIONAL STANDARDS AND TEACHER EDUCATION BOARD Subject: Public Meeting Date and Time: December 1, 2011, 9 a.m. 12 p.m. Place: 200 W. Baltimore St., Baltimore, MD Contact: Madeline Koum (410) 767-0385
[11-24-06]
CONSUMER COUNCIL OF MARYLAND Subject: Public Meeting Date and Time: December 2, 2011, 9:15 11 a.m. Place: 200 St. Paul Pl., 16th Fl., Baltimore, MD Contact: Stephanie A. Hodge (410) 5766557
[11-24-31]
MARYLAND STATE BOARD OF EDUCATION Subject: Public Meeting Date and Time: December 6, 2011, 9 a.m. 5 p.m.; December 7, 2011 Place: 200 W. Baltimore St., Baltimore, MD Addl. 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 e-mail (cnecessary@msde.state.md.us) the Board office no earlier than 1 week prior to the meeting to register to speak. Registration will be accepted on a first-come, firstserved basis. In order to make the limited time available most effective, speakers are urged to provide multiple written copies of
BOARD FOR PROFESSIONAL ENGINEERS Subject: Public Meeting Date and Time: December 8, 2011, 9 a.m. Place: 500 N. Calvert St, 3rd Floor, Financial Regulation Conf. Rm., Baltimore, MD Contact: Pamela J. Edwards (410) 2306262
[11-24-34]
CRIMINAL JUSTICE INFORMATION ADVISORY BOARD Subject: Public Meeting Date and Time: December 12, 2011, 1 3 p.m. Place: Judicial Training Center, 2009D Commerce Park Dr., Rm. 5-6, Annapolis, MD Contact: Robyn Lyles (410) 585-3185
[11-24-32]
FIRE PREVENTION COMMISSION Subject: Public Meeting Date and Time: December 13, 2011, 10:30 a.m. Place: Waldorf Fire Station, 3245 Old Washington Rd., Waldorf, MD Addl. Info: If public schools in Charles County are closed due to inclement weather, the meeting will be rescheduled. Contact: Heidi Ritchie (877) 890-0199
[11-24-36]
GENERAL NOTICES 1553 DEPARTMENT OF HEALTH AND MENTAL HYGIENE/OFFICE OF HEALTH SERVICES Subject: Draft Special Needs Trust Regulations Addl. Info: Pursuant to the enactment of Estates and Trusts Article, 14-115, Annotated Code of Maryland, the Department of Health and Mental Hygiene (DHMH) has developed a draft series of regulations that reflect Estates and Trusts Article, 14-115, Annotated Code of Maryland, and clean up existing trust regulations at COMAR 10.09.24.08-2C. A copy of the Draft Special Needs Trust Regulations is available on the DHMH home page, located at www.dhmh.state.md.us, on the left side of the page under the Hot Topics area. DHMH seeks public comment from members of the public, interested parties, and persons knowledgeable about special needs trusts. DHMH is seeking these comments prior to commencing the formal regulation promulgation process and DHMH intends to take these comments into account when it subsequently commences the formal regulatory process. Specifically, DHMH is seeking comments by December 16, 2011, on draft regulations the Department has developed and posted. Comments may be submitted by mail to Michele Phinney, Director, Department of Health and Mental Hygiene, 201 W. Preston St., Room 512, Baltimore, MD 21201; by calling 410-7676499 (TTY 800-735-2258); by email to regs@dhmh.state.md.us, or by fax to 410767-6483. Contact: Michele Phinney (410) 767-6499
[11-24-35]
MARYLAND INSURANCE ADMINSTRATION Subject: Public Hearing Date and Time: December 13 and 14, 2011, 10 a.m. Place: Maryland Insurance Administration, 200 St. Paul Pl., 24th Fl., Hearing Rm., Baltimore, MD Addl. Info: The purpose of this hearing is to receive information regarding the current availability and affordability of personal and commercial property and casualty insurance in Marylands coastal areas. Contact: Megan Hayes (410) 468-2018
[11-24-21]
BOARD FOR PROFESSIONAL LAND SURVEYORS Subject: Public Meeting Date and Time: December 7, 2011, 10 a.m. Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD Contact: Pamela J. Edwards (410) 2306262
[11-24-33]
near the intersection with St. Charles Parkway, Waldorf. The MHCC shall review the application under Health-General Article, 19-101 et seq., Annotated Code of Maryland, and COMAR 10.24.01. Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the application. All further notices of proceedings on the application will be sent only to affected persons who have registered as interested parties. Please refer to the Matter No. listed above in any correspondence on the application. A copy of the application is available for review in the office of the MHCC, during regular business hours by appointment. All correspondence should be addressed to Paul Parker, Acting Director, Center for Hospital Services, MHCC, 4160 Patterson Avenue, Baltimore, Maryland 21215 Contact: Ruby Potter (410) 764-3276
[11-24-26]
MARYLAND HEALTH CARE COMMISSION Subject: Formal Start of Review Addl. Info: Genesis Bayview SNF Docket No. 11-24-2323 Construction of a new skilled nursing facility on the campus of Johns Hopkins Bayview Medical Center, where the existing Johns Hopkins Bayview Care center is located. The new facility will include 132 CCF beds purchased from the care center. Cost: $26,150,769 Pursuant to COMAR 10.24.01 et seq. on November 18, 2011, the Maryland Health Care Commission hereby gives notice of docketing of the above-referenced applications. Persons desiring to become interested parties in the Commissions review of the above-referenced application must meet the requirements of COMAR 10.24.01.01B(2) and (20) and must also submit written comments to the Commission no later than close of business on December 19, 2011. These comments must state with particularity the State Health Plan standards or review criteria that you believe have not been met by the applicant as stated in COMAR 10.24.01.08F. Questions may be directed to Paul Parker, Acting Deputy Director, Center for Hospital Services at (410) 764-3261, or send to MHCC, 4160 Patterson Avenue, Baltimore, Maryland 21215. Contact: Ruby Potter (410) 764-3261
[11-24-37]
MARYLAND HEALTH CARE COMMISSION Subject: Public Meeting Date and Time: December 15, 2011, 1 p.m. Place: Maryland Health Care Commission, 4160 Patterson Ave., Conf. Rm. 100, Baltimore, MD Addl. Info: Individuals requiring special accommodations are requested to contact Valerie Wooding at (410) 764-3460, or the Department of Health and Mental Hygiene TTY at (410) 383-7755, not later than 20 days the meeting to make arrangements. Contact: Valerie Wooding (410) 764-3460
[11-24-02]
BOARD OF HEATING, VENTILATION, AIRCONDITIONING, AND REFRIGERATION CONTRACTORS (HVACR) Subject: Public Meeting Date and Time: December 14, 2011, 9:30 a.m. 12 p.m. Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD Contact: Steve Smitson (410) 230-6169
[11-23-12]
MARYLAND HEALTH CARE COMMISSION Subject: Receipt of Application Addl. Info: On October 7, 2011 the Maryland Health Care Commission (MHCC) received an application for Certificate of Need submitted by Waldorf Health & Rehabilitation Center Matter No. 11-08-2324 Application for the relocation of a previously approved Certificate of Need, Docket No. 10-082309 for the construction of a new 67-bed nursing home facility with 80 assisted living beds from 3735 Leonardtown Road in Waldorf to Lot 1, Part of Parcel AA, Fairway Village in St. Charles Communities, located off Demarr Road
HOME IMPROVEMENT COMMISSION Subject: Public Meeting Date and Time: December 1, 2011, 10 a.m. 12:30 p.m. Place: 500 N. Calvert St., 2nd Fl. Conf. Rm., Baltimore, MD Contact: Steven Smitson (410) 230-6169
[11-24-04]
GENERAL NOTICES 1554 MINORITY BUSINESS ENTERPRISE ADVISORY COMMITTEE Subject: Public Meeting Date and Time: December 7, 2011, 8:30 a.m. 5 p.m. Place: Harry R. Hughes Dept. of Transportation Bldg., 7201 Corporate Center Dr., Hanover, MD Contact: Pam Gregory (410) 865-1253
[11-24-11]
BOARD OF EXAMINERS OF PSYCHOLOGISTS Subject: Public Meeting Date and Time: December 9, 2011, 9 a.m. 1 p.m. Place: Loyola University, Columbia Graduate Center, 8890 McGraw Rd., Columbia, MD Addl. Info: Sign language interpreters/other appropriate accommodations for qualified individuals with disabilities will be provided upon request. Contact: Dorothy Kutcherman (410) 7644703
[11-24-19]
BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS Subject: Public Meeting Date and Time: December 14, 2011, 9:30 a.m. Place: 4201 Patterson Ave., Rm. 110, Baltimore, MD Contact: Patricia A. Hannigan (410) 7644750
[11-24-15]
STATE BOARD OF INDIVIDUAL TAX PREPARERS Subject: Public Meeting Date and Time: December 12, 2011, 1:30 5 p.m. Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD Contact: Douglas Blackstone (410) 2306257
[11-24-30]
BOARD OF OCCUPATIONAL THERAPY PRACTICE Subject: Public Meeting Date and Time: December 16, 2011, 8:30 a.m. 2 p.m. Place: Spring Grove Hospital Center, 55 Wade Ave., Catonsville, MD Addl. Info: Health Occupations Article, Title 10, Annotated Code of Maryland, and COMAR 10.46 amendments, additions, and revisions, including fee changes, may be discussed/voted on. Budget information may also be discussed. It may be necessary to go into executive session. Sign language interpreters and/or appropriate accommodations for qualified individuals with disabilities will be provided upon request. Please call 1-800-735-2255. Contact: Marilyn Pinkney (410) 402-8556
[11-24-13]
MARYLAND TRANSPORTATION AUTHORITY Subject: Public Meeting Date and Time: November 30, 2011, 10 a.m. 12 p.m. Place: Maryland Transportation Authority, Point Breeze Complex, 2310 Broening Hwy., Ste. 160, Baltimore, MD Addl. Info: A portion of this meeting may be held in closed session. Contact: Cindy Taylor (410) 537-1002
[11-24-28]
WORKERS COMPENSATION COMMISSION Subject: Public Meeting Date and Time: December 8, 2011, 9 11 a.m. Place: 10 E. Baltimore St., Baltimore, MD Addl. Info: Portions of this meeting may be held in closed session. Contact: Amy Lackington (410) 864-5300
[11-24-08]
BOARD OF PODIATRIC MEDICAL EXAMINERS Subject: Public Meeting Date and Time: December 8, 2011, 1 p.m. Place: 4201 Patterson Ave., Rm. 110, Baltimore, MD Contact: Sheri Henderson (410) 764-4785
[11-24-03]
PROCUREMENT ADVISORY COUNCIL (PAC) Subject: Public Meeting Date and Time: November 29, 2011, 1 3 p.m. Place: Inn and Conference Center, 3501 University Blvd. E., Rm. ICC-3114, Adelphi, MD Contact: Melissa Hodges (410) 260-7335
[11-24-20]
COMAR PDF ORDER FORM

Titles Agency Name Complete set of COMAR PDF format Title 01 Executive Department Title 02 Office of the Attorney General Title 03 Comptroller of the Treasury Title 04 General Services Title 05 Housing and Community Development Title 07 Human Resources Title 08 Natural Resources Title 09 Labor, Licensing and Regulation Title 10 Health & Mental Hygiene (All parts) ** Title 10 Part 1 ** Title 10 Part 2 ** Title 10 Part 3 ** Title 10 Part 4 ** Title 10 Part 5 ** Title 11 Transportation (All parts) ** Title 11 Part 1 (Transportation) ** Title 11 Parts 2 & 3 (MVA)** Title 12 Public Safety and Correctional Services Title 13A Board of Education Title 13B Higher Education Commission Title 14 Independent Agencies Title 15 Agriculture Title 16 Juvenile Service Title 17 Budget and Management Title 18 Assessments and Taxation Title 19A State Ethics Commission Title 20 Public Service Commission Title 21 State Procurement Regulations Title 22 State Retirement and Pension System Title 23 Board of Public Works Title 24 Business and Economic Development Title 25 State Treasurer Title 26 Environment (All parts) ** Title 26 Part 1 ** Title 26 Part 2 ** Title 26 Part 3 ** Title 26 Part 4 ** Title 27 Critical Area Comm. for the Chesapeake and Atlantic Coastal Bays Title 28 Office of Administrative Hearings Title 29 State Police Title 30 MD Institute for Emergency Medical Services Systems Title 31 Maryland Insurance Administration Title 32 Aging Title 33 State Board of Elections Title 34 Planning Title 35 Veterans Affairs Individual Binders (COMAR PDFs binders not included) Quantity Total _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ Total: Prices are for single user license only ~ Multi-user licenses are available. Please call 410-260-3876 for pricing information. 1 Price is per copy of each Title 2 Subscription (optional) - Receive updated information quarterly. ~ If ordered, subscription quantities MUST match Title quantities. ** See the following pages for description of contents Price1 $1,000 $35 $22 $30 $16 $78 $80 $78 $89 $272 $48 $75 $75 $50 $69 $106 $42 $74 $67 $63 $25 $87 $48 $23 $28 $20 $24 $49 $48 $22 $18 $34 $16 $189 $54 $83 $57 $37 $18 $16 $30 $25 $68 $25 $42 $31 $16 $15 Subscription2 $500 $24 $13 $20 $10 $50 $53 $51 $60 $180 $32 $50 $50 $35 $50 $75 $25 $50 $43 $42 $15 $60 $30 $15 $16 $12 $14 $32 $30 $13 $11 $20 $9 $125 $35 $52 $38 $24 $10 $9 $18 $17 $45 $15 $25 $18 $9 S & H $9.00
Updated on 4/27/2011
COMAR PRINT ORDER FORM (8 x 11 format)

Titles Agency Name Complete set of COMAR (includes binders) Title 01 Executive Department Title 02 Office of the Attorney General Title 03 Comptroller of the Treasury Title 04 General Services Title 05 Housing and Community Development Title 07 Human Resources Title 08 Natural Resources Title 09 Labor, Licensing and Regulation Title 10 Health & Mental Hygiene (All Parts)** Title 10 Part 1 ** Title 10 Part 2 ** Title 10 Part 3 ** Title 10 Part 4 ** Title 10 Part 5 ** Title 11 Transportation (All parts) ** Title 11 Part 1 (Transportation)** Title 11 Parts 2 & 3 (MVA) ** Title 12 Public Safety and Correctional Services Title 13A Board of Education Title 13B Higher Education Commission Title 14 Independent Agencies Title 15 Agriculture Title 16 Juvenile Service Title 17 Budget and Management Title 18 Assessments and Taxation Title 19A State Ethics Commission Title 20 Public Service Commission Title 21 State Procurement Regulations Title 22 State Retirement and Pension System Title 23 Board of Public Works Title 24 Business and Economic Development Title 25 State Treasurer Title 26 Environment (All parts) ** Title 26 Part 1 ** Title 26 Part 2 ** Title 26 Part 3 ** Title 26 Part 4 ** Title 27 Critical Area Comm. for the Chesapeake and Atlantic Coastal Bays Title 28 Office of Administrative Hearings Title 29 State Police Title 30 MD Institute for Emergency Medical Services Systems Title 31 Maryland Insurance Administration Title 32 Aging Title 33 State Board of Elections Title 34 Planning Title 35 Veterans Affairs Binders Shipping & Handling Total: _________
1 2
Price1 $1,400 $47 $31 $41 $23 $103 $104 $102 $116 $345 $65 $99 $99 $69 $91 $137 $55 $102 $86 $83 $34 $112 $63 $32 $38 $28 $33 $64 $65 $33 $26 $47 $23 $241 $72 $109 $76 $51 $26 $23 $40 $34 $90 $34 $57 $42 $23 $15
Subscription2 Quantity $700 _____ $30 _____ $20 _____ $25 _____ $12 _____ $70 _____ $70 _____ $70 _____ $75 _____ $230 _____ $40 _____ $70 _____ $70 _____ $42 _____ $62 _____ $85 _____ $35 _____ $70 _____ $55 _____ $60 _____ $20 _____ $75 _____ $40 _____ $20 _____ $25 _____ $18 _____ $20 _____ $42 _____ $42 _____ $18 _____ $15 _____ $25 _____ $12 _____ $160 _____ $42 _____ $72 _____ $50 _____ $30 _____ $15 _____ $12 _____ $22 _____ $20 _____ $62 _____ $18 _____ $35 _____ $25 _____ $12 _____ S & H $9.00 _____ Order Total:
Total _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____
Price is per copy of each Title Binder included with purchase of Title Subscription (optional) - Receive updated information bi-annually ~ If ordered, subscription quantities MUST match Title quantities. ** See the following pages for description of contents Shipping/Handling Shipping Publication Total Note: COMAR prices are subject to change. Check $ 0-50 $15 the date on the lower right hand corner of this form. $ 51-150 $20 If the form is more than two months old, call the $ 151-300 $25 COMAR Subscription Manager (410-974-2486) to $ 301-400 $35 $400 + please call Subscription Department. confirm prices. Fees are not refundable. State agencies using courier, may omit Updated on 4/27/2011
SPECIAL PUBLICATIONS Publication / Handbook

Preventive Maintenance Handbook (PM Handbook) Vehicle Inspection Handbook Forest Conservation Technical Manual 3rd Edition, 1997 Forest Conservation Law Control of Ionizing Radiation (including supplements up to 19)
Print Price
$15 $40 $25 $20 $130
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$5 $9 $9 $9 $12
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Just In 26.12.01.01
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Control of Ionizing Radiation supplements 18 & 19 ONLY $42 $9 _____ If more than one quantity, shipping charges may vary, please call 410-260-3876 for pricing information.
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Updated on 4/27/2011
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 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Part 1 Procedures Division of Reimbursements Health Statistics Fiscal Freestanding Ambulatory Care Facilities Diseases Hospitals Health Facilities Grants Part 2 Medical Care Programs Part 3 Laboratories Maternal and Child Health Adult Health Drugs Cancer Control Food Housing Sanitation Human Immunodeficiency Virus (HIV) Infection and Acquired Immunodeficiency Syndrome (AIDS) Dangerous Devices and Substances Kidney Disease Program Mental Hygiene Regulations Developmental Disabilities Part 4 Advance Directive Registry Maryland Health Care Commission Maryland Health Care Commission Board of Acupuncture Board of Nursing Board of Examiners in Optometry Board of Morticians and Funeral Directors Commission on Kidney Disease Health Occupation Boards Board of Physicians Board of Examiners of Nursing Home Administrators Board of Pharmacy Postmortem Examiners Commission Board of Examiners of Psychologists Part 5 Health Services Cost Review Commission Board of Physical Therapy Examiners Board of Nursing Certified Nursing Assistants Board of Podiatric Medical Examiners Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists Board of Social Work Examiners Board of Chiropractic Examiners Board of Dental Examiners Maryland Community Health Resources Commission Board of Occupational Therapy Practice Alcohol and Drug Abuse Administration Child Abuse and Neglect Medical Reimbursement Program State Anatomy Board Tissue Banks Vacant Preventive Medicine Board of NursingElectrology Practice Committee Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) State Board of Spinal Cord Injury Research Board of Dietetic Practice Board for Certification of Residential Child Care Program Professionals Board of Professional Counselors and Therapists Catastrophic Health Emergencies Title 11 Department of Transportation Volume & Subtitles Volume 1 01 Office of the Secretary 02 Transportation Service Human Resources System 03 Maryland Aviation Administration 04 State Highway Administration 05 Maryland Port Administration 06 Mass Transit Administration 07 Maryland Transportation Authority 08 Vacant 09 Vacant 10 Vacant Volume 2 and Volume 3 11 Motor Vehicle Administration Administrative Procedures 12 MVA Licensing of Businesses and Occupations 13 MVA Vehicle Equipment 14 MVA Vehicle Inspections 15 MVA Vehicle Registration 16 MVA Vehicle Operations 17 MVA Driver Licensing and Identification Documents 18 MVA Financial Responsibility Requirements 19 MVA School Vehicles 20 MVA Motorcycle Safety Program 21 MVA Commercial Motor Vehicles 22 MVA Preventive Maintenance Program 23 MVA Drivers Schools, Instructors, Driver Education Program Title 26 Department of the Environment Part & Subtitles Part 1 01 General Provisions 02 Occupational, Industrial, and Residential Hazards 03 Water Supply, Sewerage, Solid Waste, and Pollution Control Planning and Funding 04 Regulation of Water Supply, Sewage Disposal, and Solid Waste 05 Board of Well Drillers 06 Waterworks and Waste Systems Operators 07 Board of Environmental Sanitarians Part 2 08 Water Pollution 09 Maryland CO 2 Budget Trading Program 10 Oil Pollution and Tank Management 11 Air Quality 12 Radiation Management Part 3 13 Disposal of Controlled Hazardous Substances 14 Hazardous Substance Response Plan 15 Disposal of Controlled Hazardous Substances Radioactive Hazardous Substances 16 Lead 17 Water Management 18 Susquehanna River Basin Commission Part 4 19 Oil and Gas Resources 20 Surface Coal Mining and Reclamation under Federally Approved Program 21 Mining 22 Coastal Facilities Review 23 Nontidal Wetlands 24 Tidal Wetlands 25 Ballast Water Management 26 Community Right-to-Know Fund 27 Hazardous Material Security
Last Updated 4/2010
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Maryland Register
Print and E-Version Order Form
The Maryland Register is a biweekly publication containing proposed, emergency, and final administrative regulations as well as other State government information. The Register serves as the temporary supplement to the Code of Maryland Regulations (COMAR). Any change to the text of regulations published in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register. See separate Order Form for the Maryland Register Archive Issues from 1974 2010. _____ $225 _____ $190 _____ $130 A single year of print 1st Class Mail Delivery. A single-user annual eSubscription, which would provide a searchable pdf text file of each issue, emailed directly to one recipients email address. 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.
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Issue Date: November 18, 2011 Volume 38 Issue 24 Pages 14831554

Information About the Maryland Register and COMAR

Closing Dates for the Maryland Register

COMAR Research Aids

Index of COMAR Titles Affected in This Issue

PERSONS WITH DISABILITIES

Emergency Action on Regulations

Proposed Action on Regulations

Final Action on Regulations

1541 1541 1541

1554 1554 1554 1554 1554 1554 1554 1554

Availability of Monthly List of Maryland Documents

CLOSING DATES AND ISSUE DATES through JULY 27, 2012

Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed

Table of Pending Proposals

COURT OF SPECIAL APPEALS

No. 01315/10 No. 00894/10 No. 01539/10

Emergency Action on Regulations

Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Notice of Emergency Action

Subtitle 34 BOARD OF PHARMACY

Notice of Emergency Action

Subtitle 25 MARYLAND HEALTH CARE COMMISSION

Notice of Emergency Action

EMERGENCY ACTION ON REGULATIONS 1496

Title 12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Notice of Emergency Action

Title 14 INDEPENDENT AGENCIES

Notice of Emergency Action

Final Action on Regulations

Title 03 COMPTROLLER OF THE TREASURY

Notice of Final Action

Title 05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

Subtitle 02 BUILDING AND MATERIAL CODES

Notice of Final Action

Notice of Final Action

FINAL ACTION ON REGULATIONS 1500

Subtitle 02 BUILDING AND MATERIAL CODES

Authority: Public Safety Article 12-50112-508, Annotated Code of Maryland

Notice of Final Action

Notice of Final Action

Title 08 DEPARTMENT OF NATURAL RESOURCES

Notice of Final Action

FINAL ACTION ON REGULATIONS 1501

Notice of Final Action

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Notice of Final Action

Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitle 18 BOATING SPEED LIMITS AND OPERATION OF VESSELS

Notice of Final Action

Notice of Final Action

FINAL ACTION ON REGULATIONS 1502

Subtitle 09 MEDICAL CARE PROGRAMS

Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Final Action

Notice of Final Action

Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Final Action

Subtitle 09 MEDICAL CARE PROGRAMS

Subtitle 19 DANGEROUS DEVICES AND SUBSTANCES

Notice of Final Action

Notice of Final Action

FINAL ACTION ON REGULATIONS 1503

Date: __ Acct.# _