COMAR Title 01 — EXECUTIVE DEPARTMENT

01.01 EXECUTIVE ORDERS

01.01.2026 Executive Orders 2026

COMAR 01.01.2026.09 Standards of Conduct for Executive Branch Employees Use of Confidential Information and Prediction Markets

A. The term "State employees" includes all Executive Branch employees, including political appointees, members of boards and commissions, and contractors and subcontractors of the State.

B. State employees shall not engage in financial transactions, including transactions made on prediction markets, using nonpublic government information obtained through their State employment or contractual relationship with the State, to benefit themselves financially or to further any private interest.

C. All departments and agencies shall immediately refer to the Principal Counsel or Assistant Attorney General of the department or agency or to the Deputy Attorney General with supervisory responsibility over the department or agency, any instance of a possible violation of this Executive Order or other unethical behavior, for such action as the Office of the Attorney General deems appropriate. All departments and agencies shall also immediately advise the Chief Legal Counsel to the Governor of any such referrals. D. Consistent with all applicable substantive and procedural laws, violation of this Executive Order is grounds for employee disciplinary action, including and up to termination from State employment and termination of any contractual relationship.

Administrative History

Effective Date: April 24, 2026.

01.01.2025 Executive Orders 2025

COMAR 01.01.2025.29 INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES [Developmentally Disabled Persons] (Amends Executive Order 01.01.1986.12)

1.(a) DISABILITY RIGHTS MARYLAND, INC., DOING BUSINESS AS THE [The] Maryland Disabilities Law Center, Inc., a private, non-profit corporation incorporated under Maryland law, WAS DESIGNATED BY EXECUTIVE ORDERS 01.01.1977.07 AND 01.01.1986.12 AND CONTINUED TO BE [is] designated as the official agency, for purposes of 42 U.S.C. §15041 ET. SEQ . [Public Law 94-103], responsible for the implementation of the State system for the protection and advocacy of the rights of INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES [the developmentally disabled].

(a) DISABILITY RIGHTS MARYLAND, INC., DOING BUSINESS AS THE [The] Maryland Disabilities Law Center, Inc., a private, non-profit corporation incorporated under Maryland law, WAS DESIGNATED BY EXECUTIVE ORDERS 01.01.1977.07 AND 01.01.1986.12 AND CONTINUED TO BE [is] designated as the official agency, for purposes of 42 U.S.C. §15041 ET. SEQ . [Public Law 94-103], responsible for the implementation of the State system for the protection and advocacy of the rights of INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES [the developmentally disabled].

(b) DISABILITY RIGHTS MARYLAND, INC., [The Maryland Disabilities Law Center, Inc.], shall perform the functions, duties, and responsibilities authorized to be performed or specifically delegated to it by the “State of Maryland Plan for a System to Protect the Individual Rights of and to Advocate for Persons with Developmental Disabilities under 42 U.S.C. §15041 ET. SEQ . [Public Law 94-103].”

AFTER DISABILITY RIGHTS MARYLAND'S DESIGNATION AS THE PROTECTION AND ADVOCACY SYSTEM FOR THE STATE OF MARYLAND IN EXECUTIVE ORDERS 01.01.1977.07 AND 01.01.1986.12, CONGRESS ESTABLISHED ADDITIONAL PROGRAMS TO CREATE AND FUND LEGAL ADVOCACY PROGRAMS FOR ADDITIONAL CATEGORIES OF INDIVIDUALS WITH DISABILITIES AND ISSUE AREAS. BASED ON THE DESIGNATION IN PARAGRAPH l(A) OF THIS ORDER, DISABILITY RIGHTS MARYLAND, INC. IS THE ELIGIBLE SYSTEM, AS DEFINED IN 42 U.S.C. §10802(2) AND 29 U.S.C. §794E(M)(I), RESPONSIBLE FOR IMPLEMENTATION OF THE STATE SYSTEM FOR PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS WITH MENTAL ILLNESS (PAIMI) AND PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS (PAIR).
[2.] The designation of DISABILITY RIGHTS MARYLAND, INC., [the Maryland Disabilities Law Center, Inc.,] as the official agency for purposes of 42 U.S.C §15041 ET. SEQ . [Public Law 94-103] shall continue unless amended, altered, or withdrawn by subsequent Executive Order.

Administrative History

Effective Date: December 19, 2025.

COMAR 01.01.2025.28 Establishing All-Payer Total Cost of Care Growth and Primary Care Investment Targets in Maryland

A. Establishing all-payer total cost of care and primary care investment targets.

It is the policy of the State to address the rate of health care spending growth by establishing an all-payer total cost of care growth target annually starting in calendar year 2027 and each calendar year thereafter.
It is the policy of the State to address primary care investment by establishing an all-payer primary care investment target annually starting in calendar year 2027 and each calendar year thereafter, informed by the recommendations in the report required under Chapter 667 of the Acts of 2022 and codified at §19-108.4 of the Health-General Article.
These targets shall apply across all Maryland health care markets and populations.

B. The Multi-Agency Regulatory Working Group, established by the Governor's Directive: Creation of Regulatory Working Group , issued September 23, 2025, shall:

By no later than February 2026, initiate engagement with stakeholders to develop and advise on the development of the statewide all-payer total cost of care growth target;
By no later than February 2026, initiate engagement with the Maryland Health Care Commission's Primary Care Investment Workgroup and other stakeholders to develop and advise on development of a primary care investment target;
Update legislators on the development of the statewide all-payer total cost of care growth target and primary care investment target;
Assess data assets and data authorities, including those held by the State-designated health information exchange, and determine which data can be utilized to assess performance relative to a target;
Engage relevant regulated entities to assess data assets and furnish data required to assess performance relative to a target, within the limits of statutory authority;
Establish and engage in data collection, verification, analysis, and reporting processes;
Document a Statewide all-payer total cost of care growth target and primary care investment target methodology;
Develop, in consultation with stakeholders, policies and strategies to support attainment of the all-payer total cost of care growth targets and primary care investment targets.
Submit draft calendar year 2027—2030 all-payer total cost of care growth methodology and targets and primary care investment methodology and targets to the Governor no later than May 2026;
Submit final calendar year 2027—2030 all-payer total cost of care growth methodology and targets and primary care investment methodology and targets to the Governor no later than September 2026;
Starting in 2030 and applicable for all years thereafter, submit draft all-payer total cost of care growth targets and primary care investment targets to the Governor no later than May of calendar year preceding the target; and
Starting in 2030, submit final all-payer total cost of care growth targets and primary care investment targets to the Governor no later than September of the calendar year preceding the target.

C. General Provisions.

This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.
If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: December 19, 2025.

COMAR 01.01.2025.27 Building an Affordable and Reliable Energy Future

A. Purpose/Scope. This Order directs executive agencies to take immediate actions to stabilize utility bills, improve grid reliability and efficiency, provide recommendations to the Maryland General Assembly, and accelerate cost-effective energy deployment while maintaining affordability and reliability for the people and economy of Maryland.

B. Definitions.

“Agencies” means the Maryland Energy Administration (MEA); Department of Natural Resources (DNR); Department of Commerce (Commerce); Department of the Environment (MDE); Department of Human Services (DHS); Department of Transportation (MDOT); the Department of Planning (MDP), and the Department of Housing and Community Development (DHCD).
“Commission” means the Maryland Public Service Commission (PSC).
“Advanced Transmission Technologies (ATTs)” means Grid-Enhancing Technologies (GETs), and additional technologies subsequently specified or identified by MEA and the Power Plant Research Program (PPRP) for purposes of planning and implementation.
“Budget Billing” means a utility program that divides a customer’s annual energy costs into predictable monthly payments.
“Non-Wire Alternatives (NWAs)” means grid solutions that use distributed energy resources, energy efficiency, or load flexibility to defer or replace the need for traditional transmission and distribution infrastructure upgrades.
“PJM” means the regional transmission organization PJM Interconnection, Inc.

C. Governance Structure.

Energy Subcabinet. There is hereby established an Energy Subcabinet (the “Subcabinet”) to coordinate interagency policy and oversee the implementation of this Order.

a. The Subcabinet shall be chaired by the Director of the MEA. The following shall be members of the Subcabinet:

The Secretaries, or their designees, of the Agencies defined at Section B 1, above;
The Governor’s Deputy Chief of Staff, as designated by the Governor; and
Other Cabinet-level officials as designated by the Governor.

b. The Subcabinet shall meet at least quarterly to align state resources and ensure that energy policy decisions support the state’s energy affordability, reliability, economic competitiveness, and environmental goals.

c. The Chair of the Subcabinet may establish subcommittees or workgroups that may meet between the Subcabinet’s quarterly meetings.

d. The Subcabinet shall review and provide comments on:

Major energy-related legislative or administrative concepts proposed by the Moore-Miller Administration; and
Draft recommendations prepared pursuant to this Order.

e. The MEA shall provide primary staff support for the Subcabinet.

f. All units of the Executive Branch of State Government shall cooperate with the Subcabinet in carrying out its duties.

Maryland Energy Advisory Council. There is hereby established a Maryland Energy Advisory Council (“Council”) to provide external stakeholder input to the Subcabinet.

a. The Council shall be Chaired by the Director of the Maryland Energy Administration.

b. The Chair shall invite representatives from:

The Speaker of the Maryland House of Delegates or their designee,
The President of the Maryland Senate or their designee,
The Maryland Public Service Commission (PSC)

4.The Office of People’s Counsel (OPC)

Maryland Clean Energy Center (MCEC)
Regulated utilities (electric, gas, municipal, cooperative),
PJM Interconnection, Inc,
Clean and renewable energy industries (solar, wind, geothermal, hydro, battery storage, and nuclear),
Energy efficiency and demand response companies,
Large energy producers,
Organized labor,
Consumer advocates,
Environmental organizations,
Large consumers of electricity,
Local governments,
Academic and technical experts,
Business communities, and
The agricultural sector.

c. The Council shall identify barriers to the deployment of generation facilities and affordability, and provide recommendations to inform the MEA’s work under this Order.

d. The MEA shall provide primary staff support for the Council.

e. Within 180 days of the issuance of this Order, the Council shall submit a memorandum to the Subcabinet identifying the most urgent challenges to energy affordability and reliability.

D. State Energy Planning and Legislative Coordination.

By January 16, 2026, the MEA shall submit written recommendations to the Speaker of the Maryland House of Delegates and the President of the Maryland Senate that:

a. Identify strategies to mitigate rate impacts associated with implementation of the State Energy Plan, including options to reduce bill volatility and protect low- and moderate-income customers;

b. Evaluate regulatory, administrative, and planning tools available to align implementation of the State Energy Plan with affordability, reliability, and economic competitiveness objectives; and

c. Outline considerations for any future legislative changes to the State Energy Plan framework needed to maintain affordability, reliability, and progress toward the State’s energy and economic development goals.

The MEA shall transmit copies of these recommendations to the Governor and make a public-facing summary available consistent with applicable law and confidentiality requirements.

E. Consumer Affordability. To protect Maryland ratepayers from ever-increasing utility bills and volatility, the MEA is directed to take the following actions regarding the Public Service Commission:

Budget Billing Program Review. The MEA shall petition the Commission to open a proceeding to examine the design, transparency, and consumer protections of existing utility Budget Billing programs. The petition shall request that the Commission:

a. analyze the efficacy of Budget Billing in reducing month-to-month bill volatility and helping households manage utility costs;

b. assess whether current practices adequately protect customers from large true-up balances and clearly disclose program terms, risks, and benefits;

c. assess cash as working capital of existing programs and the rate of returns of existing investor-owned utility budget billing programs; and

d. solicit stakeholder input and provide recommendations on potential improvements to existing Budget Billing offerings, including any changes needed to ensure that such programs are fair, transparent, and aligned with consumer protection objectives.

Grid Optimization and Cost Control Ratemaking. The MEA shall petition the Commission to adopt a regulatory strategy that prioritizes and incentivizes flexible, optimized lower-cost grid solutions over expensive capital projects. The petition may suggest a cost recovery structure that includes performance incentive mechanisms (PIMs) that directly tie utility cost recovery to specific outcomes, including but not limited to:

a. Interconnection Speed. Metrics to accelerate the deployment of new resources, promote flexible interconnection, and align interconnection practices with a modern grid management system that includes virtual power plants at the distribution and bulk wholesale levels;

b. Customer Affordability. Metrics to support consumer affordability and control overall bill impacts; and

c. Non-Wires Alternatives (NWAs). A unified framework for requiring utilities to evaluate and implement flexible Non-Wires Alternatives in all relevant infrastructure planning cases.

The petition shall recommend a consistent benefit-cost framework to prioritize lower-cost grid solutions over expensive capital projects.
Grid-Enhancing and Advanced Transmission Technologies. The MEA shall petition the Commission to require applicants to specifically evaluate Advanced Transmission Technologies (ATTs), including Grid-Enhancing Technologies (GETs), before approving new transmission lines or major upgrades. The petition shall propose:

a. A requirement that transmission owners:

Demonstrate how ATTs were evaluated in the planning and siting of new or upgraded transmission facilities; and
Provide transparent justification when ATTs are not deployed, including financial, operational, and planning rationales.

b. Using a “shared savings” incentive mechanism where utilities and ratepayers share the financial benefits of the increased capacity and congestion relief provided by ATTs.

c. Recommending that the Commission require transmission utilities to evaluate and report on the potential use of and investment in ATTs over the next five years.

F. Energy Assistance Programs. Within 120 days, the MEA, in consultation with the Department of Human Services and other stakeholders chosen by the Director of the MEA, shall examine existing State energy assistance programs and provide recommendations to the Governor on potential changes to improve affordability, bill stability, and access for low-income and vulnerable households.

The examination shall include, but not be limited to, an assessment of how existing programs interact with rate design, arrearage management, and other affordability tools, and whether additional or modified approaches are warranted to prevent energy insecurity and disconnections.
The examination shall include, but need not be limited to, an assessment of how the Public Service Commission’s (PSC) low-income mechanism operates for Department of Human Services Office of Home Energy Programs customers once this mechanism is implemented, including eligibility pathways, integration across utilities, and alignment with OHEP benefit delivery. This review shall evaluate how the mechanism interacts with utility rate design, arrearage management practices, and existing customer protections to determine its effectiveness in lowering energy burden and stabilizing accounts for OHEP-eligible households. The examination shall assess whether the mechanism is consistently applied, sufficiently coordinated with energy assistance programs, and appropriately structured to prevent energy insecurity and utility disconnections, and whether refinements or enhancements are warranted.
The examination shall include, but need not be limited to, an assessment of the Utility Service Protection Program (USPP) and its effectiveness for OHEP customers, with a focus on service continuity, billing stability, arrearage outcomes, and protection from utility shutoffs in the heating season. This review shall consider enrollment thresholds, number of uninterrupted seasonal protections, payment requirements, participation trends, and reasons for exit to determine whether the program adequately supports households with fluctuating incomes or limited ability to maintain consistent payments. The examination shall also evaluate how USPP interacts with rate design, arrearage management, and other affordability tools, and whether modifications are warranted to reduce energy insecurity and prevent disconnections among low-income households.

G. Transmission Modernization. Within 30 days, the Chair of the Energy Subcabinet shall convene a Workgroup under the Subcabinet to identify opportunities to modernize Maryland’s transmission infrastructure.

The Chair shall appoint the members of the Workgroup. Membership shall include:

a. Staff of the Governor’s Office;

b. Staff of the Public Service Commission;

c. Staff of the Maryland Department of the Environment;

d. Staff of the Maryland Department of Natural Resources;

e. Staff of PJM Interconnection, Inc.;

f. A representative from the Transmission Providers and State-Regulated Electric Utilities;

g. Consumer Advocates; and

h. Other relevant stakeholders.

The Workgroup shall identify priorities and make recommendations regarding:

a. Transmission needs and how ATTs can cost-effectively relieve transmission congestion.

The Workgroup shall consider mechanisms to:

a. encourage transmission developers to evaluate and use ATTs where financially beneficial for ratepayers;

b. create shared savings incentive mechanisms whereby utilities and ratepayers share the financial benefits of the increased capacity provided by ATTs; and

c. for transmission and distribution applicants to:

i. demonstrate how ATTs are evaluated in the planning and siting of new or upgraded transmission or distribution facilities;

ii. provide transparent justification when ATTs are not deployed, including financial, operational, and planning rationales; and

iii. file regular ATT deployment plans and reporting metrics.

The Workgroup shall identify priority transmission corridors and projects where GETs/ATTs can cost-effectively relieve congestion and support Maryland’s reliability and clean energy goals.
The Workgroup shall deliver recommendations to the Governor on GETs/ATTs, a process for selecting candidate projects, expected benefits, and coordination with PJM planning.
The MEA shall request Commission proceedings or approvals necessary to implement deployments and to align PJM regional planning with identified GETs/ATTs benefits.

b. State-Owned Right-of-Way (ROW) suitable for high-voltage transmission and co-located energy infrastructure, including battery energy storage where appropriate and permitted by federal law.

The Maryland Department of Transportation (MDOT)shall conduct a study for establishing siting high-voltage transmission and co-located energy infrastructure along state highways and other agency-owned properties suitable for development.
MDOT, with MEA, DNR, PPRP, and Commerce, shall participate in the study and shall seek market feedback through a request for information to identify properties of interest to the Utility companies.
The study shall evaluate the existing and future planned uses of existing state-owned rights-of-way, including but not limited to Municipal Separate Storm Sewer System (MS4), pollinator program, solar siting, future project purposes, and existing safe work operations, to identify remaining potential excess lands that may be suitable for high-voltage transmission, distribution, and co-located energy infrastructure, including storage where appropriate.
The Workgroup shall compare the potential excess lands with properties of interest with Utility companies to deliver a statewide inventory of state-owned rights-of-way suitable for high-voltage transmission, distribution, and co-located energy infrastructure, including storage where appropriate.
The Workgroup shall consider mechanisms to encourage transmission developers to use suitable State-Owned Right-of-Way from the inventory for PJM Regional Transmission Expansion Plan (“RTEP”) projects.
Applicable Agencies shall, in coordination with PSC Staff, propose fast-track permitting workflows for projects sited on state-owned ROW, maintaining strict environmental protections and community engagement requirements.
Any recommendations from the Workgroup shall be subject to the Secretary of Transportation’s exclusive authority to approve or deny access to State-Owned Rights-of-Way.

c. The Workgroup shall explore partnerships with nonprofit organizations to support its tasks and responsibilities set forth under this section.

d. The Administration shall undertake best efforts to identify funding to support the whole-of-government implementation of initiatives in this section.

H. Maryland Energy Site-Readiness Initiative. To shift the state’s posture from reactive permitting to proactive deployment, the Power Plant Research Program is directed to establish a Site-Readiness Initiative (the “Initiative”) in coordination with the MEA, Commerce, MDE and the Department of Planning.

The Energy Subcabinet shall establish an Energy Site-Readiness Workgroup to implement the Initiative.
Smart Siting Inventory. By November 1, 2027, the Initiative shall publish an inventory of previously disturbed land parcels which are pre-vetted as potentially suitable for rapid energy deployment.

a. Priority shall be given to disturbed lands, including brownfields, closed mines, industrial zones, and parking canopies, to minimize impacts on agricultural or forested lands.

b. For priority sites, the Agencies shall conduct preliminary environmental and interconnection feasibility assessments, subject to the availability of funding.

Development Offer Packages. To attract developers to these pre-vetted sites, Commerce, in consultation with the MEA, shall assemble site-specific offer packages that bundle state resources, including, but not limited to:

a. Targeted grant funding for grid interconnection costs;

b. Concessionary or other appropriate financing options through the Maryland Clean Energy Center (MCEC); and

c. Technical assistance for workforce development and local community benefits agreements.

Regulatory De-Risking. To accelerate the timeline from lease to operation, the Power Plant Research Program shall streamline recommendations for a “Pre-Application Consultation” process for projects located on inventory sites.

a. This process shall provide developers with a list of potential permits required and potential environmental hurdles before a Certificate of Public Convenience and Necessity (CPCN) application is filed.

b. The Power Plant Research Program shall formalize recommendations to allow projects adhering to the “Smart Siting” criteria to be eligible for a “Critical Infrastructure Fast-Track” designation to prioritize executive agency permit review and establish concurrent agency processing.

I. Regional Advocacy and Federal Funding.

PJM and FERC Engagement. The MEA and the Public Service Commission, to the extent permitted by law, shall coordinate to advocate for market reforms at PJM Interconnection and the Federal Energy Regulatory Commission (FERC) that:

a. Evaluate the reliability and clean attributes of Maryland’s state-supported resources;

b. Reduce capacity market and transmission cost volatility for Maryland ratepayers; and

c. Align regional planning and market rules with Maryland’s affordability, reliability, and climate goals.

Federal Funding Optimization. The Energy Subcabinet shall establish a Federal Opportunities Working Group to identify, track, and support competitive grant applications under the Infrastructure Investment and Jobs Act (IIJA), the Inflation Reduction Act (IRA), and other federal programs that align with the objectives of this Order and the State Energy Plan.

J. General Provisions.

Implementation. All agencies shall implement this Order consistent with applicable law and subject to the availability of appropriations.
No Impairment of PSC Independence. Nothing in this Order directs the Public Service Commission’s adjudicatory decisions; requests for proceedings are recommendations to the Commission consistent with its independent authority.
Severability. If any provision of this Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Order shall remain in effect to the extent possible without the invalid provision or application.

Administrative History

Effective Date: December 19, 2025.

COMAR 01.01.2025.26 State Employee Risk Management Administration

(Rescinds Executive Order 01.01.2008.03)

A. Program Established. There is a State Employee Risk Management Administration (hereinafter, “SERMA”) established that addresses workplace safety and workers' compensation risk management and loss control throughout Maryland State government. It shall have the following structure:

(1) SERMA is administered by the Injured Workers' Insurance Fund (hereinafter, “IWIF”), as required by the Memorandum of Understanding between the Board of Commissioners of the Injured Workers' Insurance Fund and the State Treasurer's Office.

(2) Although IWIF's insurance operations were converted into Chesapeake Employers' Insurance Company by Chapter 570, Laws of Maryland (2012), Section 2, it provided that IWIF shall “remain in existence” and “shall continue to be the third-party administrator for the State's Self Insured Workers' Compensation Program for State Employees under a contract with the State.” (See Maryland Annotated Code, Labor and Employment,§ 10-102.)

(3) IWIF shall coordinate the administration of the SERMA program with the oversight of the Office of the Governor, and as needed with the State Treasurer as the Claims Administration Services Agreement administrator.

(4) IWIF shall compile, maintain, and make available as allowed by law all claims information on their Workers' Compensation database to carry out the intent of this Executive Order and provide reporting to support State initiatives.

(5) IWIF shall house a unit of SERMA Risk Management Consultants, dedicated to the State to provide occupational and safety consultative services as described in Section C.

B. Responsibilities. Each State department or designated State agency shall, work with SERMA Risk Management Consultants:

(1) Establish and maintain a proactive employee safety and health risk management program that is effective, efficient, and measurable; that has the support and endorsement of the agency head with a policy statement, and written policy and procedure directives that are communicated to all employees.

(2) Maintain the designation or appointment of a Risk Manager to carry out the intent of this Executive Order; with full-time risk managers having 3 a direct reporting relationship to the office of each department's secretary or agency head.

(3) Establish committees to review agencies' safety and occupational health programs, review injury trends and advise the applicable agency leadership on necessary corrective measures.

(4) Establish annual goals, objectives, and performance measures to address workplace safety and health, reductions in workplace illnesses, accidents, and injuries. Key measurements will be claims frequency, accident frequency, accident leave, cost analysis and timeliness of reporting incidents to IWIF.

(5) Conduct annual health and safety inspections of all facilities documenting the findings and necessary corrective measures. These inspections will evaluate the use of personal protective equipment, preventive maintenance, unsafe workplace behaviors, emergency evacuation procedures, and housekeeping issues.

(6) Conduct safety and health training for all employees. These trainings will focus and be directed towards all known workplace health and safety hazards and establish appropriate preventive procedural guidelines to protect the health and safety of employees.

(7) Promote occupational health and safety within their organization, through_ the distribution of employee safety and health informational resources such as posters, e-mail, flyers and tip sheets, or Intranet informatives.

(8) Develop proactive Return-to-Work programs, where able, involving regular communication with IWIF, as needed, to effectively place employees in transitional duty positions while recovering from work related injuries. State agencies shall utilize programs developed through agency personnel systems, if applicable.

(9) Conduct thorough and complete accident investigations that are timely and contain the highest level of detail possible. All investigations will be fact-driven and contain a root-cause analysis. Maintain all first reports of injuries, investigative reports, and documents in accordance with OSHA, MOSH, and the Maryland Workers' Compensation Act.

(10) Establish and communicate policies and procedures that enable all of its organizational units to be prepared for a variety of predictable and unpredictable emergencies.

C. Responsibilities of the SERMA program and the SERMA Risk Management Consultants, administered by IWIF are to:

(1) Support State efforts in establishing and maintaining a proactive employee risk management program that is effective, efficient, and measurable;

(2) Provide guidelines for implementing risk management programs in all agencies that are based upon best practices in both the public and private sectors;

(3) Provide technical assistance, program consultation, education and training, and statistical analyses that support State agencies in meeting their responsibilities under the provisions of this Executive Order and achieving their risk management performance goals;

(4) Make recommenda6ons to improve agency-specific programs that are not effectively reducing risks and minimizing workers' compensation costs;

(5) Communicate and coordinate as needed with the Maryland State Employee Risk Management Committee; and

(6) Provide an annual report to the office of the Governor and the Secretaries of the State Employee Risk Management Administration Committee agencies following each fiscal year end.

D. Risk Management Committee Established. There is a State Employee Risk Management Administration Committee (Committee).

(1) Membership. The Committee is comprised of the following:

(a) A representative from IWIF, appointed by its President, who shall serve as Committee Chair;

(b) A representative from the Office of the Governor, appointed by the Governor;

(d) The SERMA Risk Management Consultants;

(e) Representatives from IWIF's Claims Administration;

(f) A representative from the State Treasurer's Office;

(g) Department risk managers of the following State Departments as named by the Department Secretaries:

i. Department of Budget and Management;

ii. Department of the Environment;

iii. Department of General Services;

iv. Department of Health;

v. Department of Human Services;

vi. Department of Juvenile Services;

vii. Department of Labor;

viii. Department of Natural Resources;

ix. Department of Public Safety and Correctional Services;

x. Maryland State Police;

xi. Department of Transportation;

xii. Maryland Transit Administration (MTA);

xiii. University of Maryland, College Park;

xiv. University System of Maryland;

xv. Maryland Occupational Safety and Health Administration (MOSH);

xvi. Department of General Services, Real Estate Office; and

xvii. Any other unit designated by the Governor

(2) Staffing. IWIF shall provide staffing for the Committee as necessary.

E. Duties. The Committee shall work in partnership with the SERMA program in IWIF to:

(1) Share with other State departments and agencies best practices in the public and private sectors for risk management and loss control;

(2) Identify available resources that would assist State agencies and their departments to continuously improve their risk management programs;

(3) Identify workers' compensation issues, and offer recommendations to the Governor's Office;

(4) Recommend initiatives to the Governor's Office that will improve workplace safety and reduce the overall costs of workers' compensation;

(5) Ensure that the SERMA program is responsive to the risk management and loss control needs of State departments and agencies as defined in Section C of this Executive Order;

(6) Plan and conduct the annual statewide SERMA Conference; and

(7) Coordinate with and provide support to the Governor's Office and State agencies in addressing workplace safety and loss control issues.

F. Meetings. The Committee shall meet at least quarterly.

G. This Executive Order on managing occupational injuries and illnesses in Maryland State Government shall be interpreted and implemented in a manner consistent with the efforts of established State health and safety regulations. Department and agency heads shall utilize existing management functions and programs to expand and improve management of risks within their respective units.

Administrative History

Effective Date: December 9, 2025.

COMAR 01.01.2025.23 Maryland Horse Industry Strategic Planning Initiative

A. Establishment

There is hereby established a Horse Industry Strategic Plan Initiative ("Initiative") to promote growth, financial sustainability, and a thriving ecosystem within Maryland's horse industry.
The Initiative shall be administered by the Maryland Department of Agriculture, in consultation with:

a. The Secretary of State;

b. The Maryland Racing Commission;

c. The Department of Labor;

d. The Department of Natural Resources; and

e. The Department of Commerce.

If requested, all Executive Department agencies shall cooperate with and assist the Department of Agriculture in carrying out its responsibilities under this Executive Order.
The Department of Agriculture shall staff the Initiative.

B. Strategic Plan.

The Initiative, led by the Department of Agriculture, shall develop a strategic plan to ensure a coordinated and sustainable future for Maryland's horse industry.
The strategic plan shall:

a. Provide a coordinated framework to strengthen, support, and promote the State's horse ecosystem;

b. Advance policies, programs, and partnerships that ensure the long-term viability, growth, and sustainability of equine enterprises across all sections including racing, breeding, sport, recreation, and education; and

c. Develop a recommended strategy to advance the Maryland horse industry and address the following objectives:

i. Strategic Planning and Policy Guidance;

ii. Economic Development;

iii. Advocacy, Public Awareness and Promotion;

iv. Education and Workforce Development;

v. Sustainability and Land Use;

vi. Health and Welfare; and

vii. Collaboration and Communication.

C. Reporting. On or before September 1, 2026, the Department of Agriculture shall submit a report to the Governor and General Assembly outlining its progress, recommendations, and strategic priorities for the Maryland horse industry's ecosystem.

D. General Provisions.

This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.
If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: November 6, 2025.

COMAR 01.01.2025.19 ADDRESSING MARYLAND’S AFFORDABLE HOUSING CRISIS

A. Developing Housing on State-Owned Land and Accelerating Funding for Affordable Housing.

(1) The Department of Housing and Community Development and the Department of Transportation shall develop strategies to implement their October 2024 Interagency Agreement on Transit Oriented Development to increase the production of housing near transit stations.

(a) In accordance with the Interagency Agreement, the Department of Transportation will lead the development of land owned by the Department of Transportation for transit-oriented development and will coordinate with the Department of Housing and Community Development on these sites.

(b) The Department of Transportation shall commit to prioritizing development of affordable housing in the development of transit-oriented development projects on land owned by the Department of Transportation.

(c) The Department of Housing and Community Development shall commit to providing bonus points or special consideration to the extent permitted by law in the Low Income Housing Tax Credit Program and State Revitalization Programs funding rounds for projects tied to the Department of Transportation's transit-oriented development efforts.

(2) The Department of Transportation shall:

(a) Pursue the development of land owned by the Department of Transportation for dense, mixed-use, transit-oriented development, with housing as a priority goal for the development of these sites;

(b) Coordinate funding and investment with the Department of Housing and Community Development, and other State partners, to support the development of housing at these sites as a priority use; and

(c) Work with local jurisdictions through the transit-oriented development designation process to ensure local jurisdiction planning for transit-oriented development supports housing as a priority use.

(3) The Department of Housing and Community Development and the Department of General Services shall, in coordination with other executive departments and agencies, identify State-owned land that is:

(a) Subject to the control of the Department of General Services;

(b) Determined to be surplus; and

(4) The Department of General Services shall:

(a) Maintain a database of parcels of State-owned land identified as appropriate for the development of housing;

(b) For properties that have been identified as suitable for affordable housing by the Department of Housing and Community Development, issue:

(i) Within 30 days after determination of suitability, a notice of intent to release a request for proposals; and

(ii) Within 90 days after the issuance of the notice of intent, a request for proposals;

(c) Pursuant to statutory requirements, dispose of State-owned parcels for the development of housing by entering into land disposition agreements with parties that will develop such parcels into new housing units, selected through a competitive process; and

(d) Maximize the housing use of surplus State-owned parcels, whether the parcel remains under State ownership, is subject to long-term lease, or is disposed of, through:

(i) Reducing the cost of the land or pairing the development of land with funding to create deed-restricted low-income housing, and

(ii) Exercising the governmental immunity from local zoning laws to the extent permitted by law.

B. State Housing Permitting Acceleration/Ombudsman Creation.

(1) Definitions.

(a) “Housing development project” means the new construction or substantial renovation of a residential real estate project.

(b) “Permit related to housing construction” means a permit or approval required by law or regulation to be issued by a principal department of the Executive Branch or a division thereof, to a developer, contractor, or subcontractor in order to commence, continue, or support a housing development project.

(c) “Third-party reviewer” means an independent contractor engaged by the proponent of a housing development project to inspect, review, and provide an independent evaluation, including recommendation for approval or denial, of an application for a State permit related to the housing development project.

(2) Each principal department of the Executive Branch that issues permits related to housing construction shall:

(a) Designate a senior point of contact for coordination and efficient processing of permits related to housing construction;

(b) By January 1, 2026, submit to the Office of the Governor and the Maryland Coordinated Permitting Review Council updated permit application processing procedures with timelines for permits related to housing construction;

(c) By November 21, 2025, draft and submit to the Office of the Governor for review and approval standards and procedures for applicants for State-issued permits related to housing development projects to hire third-party reviewers to help expedite permitting timelines at the applicant’s expense, including:

(i) Registration procedures and required qualifications for third-party reviewers;

(ii) Rules governing conflicts of interest for third-party reviewers;

(iii) Procedures for review and approval or denial of recommendations made by third-party reviewers; and

(iv) Provisions requiring the principal department to follow recommendations made by third-party reviewers except in cases of clear error, serious deficiency, or conflict of interest;

(d) Upon approval by the Office of the Governor, complete implementation of the new third-party permitting standards and procedures for permits related to housing development projects by March 1, 2026;

(e) By November 21, 2025, provide to the Office of the Governor a written enumeration and assessment of additional potential legislative, regulatory, and administrative actions to increase efficiency in permitting processes;

(f) For permit applications that require review by multiple State agencies or by different levels of government, to the extent allowed by law, engage in simultaneous, rather than sequential, review of such permit applications;

(g) By November 21, 2025, provide written recommendations to the Office of the Governor for ways to increase predictability and transparency related to applications for permits related to housing construction;

(h) Fully digitize permit applications and permit fee payments within the extent of budgetary authority no later than March 1, 2026; and

(i) Seek every opportunity to provide transparency in the permit application process and, whenever possible, reduce processing times.

(3) The Department of Housing and Community Development shall:

(a) By November 21, 2025, draft and submit to the Office of the Governor for review a written plan to accelerate processes related to the distribution of funding for affordable multifamily housing projects, including:

(i) Awarding of funds and tax credits;

(ii) Closing of deals, contracts, and loan agreements; and

(iii) Distribution of awarded funds, including release of construction funds.

(b) Upon approval by the Office of the Governor, complete implementation of the plan to accelerate the distribution of funding for affordable multifamily housing projects by March 1, 2026.

(4) The Department of Housing and Community Development shall:

(a) Designate a State Housing Ombudsman to facilitate navigation through local, State, and federal permitting processes and act as a liaison between the Department of Housing and Community Development, other State agencies, local governments and planning and zoning authorities, housing developers and other stakeholders, and local communities.

(b) The State Housing Ombudsman’s duties shall include:

(i) Coordinating and reporting on the activities undertaken by executive departments and State agencies pursuant to section B.2 of this Order;

(ii) Facilitating and participating on the Department of Housing and Community Development’s behalf in discussions between units of State government, local government, and housing developers to assist with navigation through permitting requirements and processes;

(iii) Evaluating if there are opportunities for the state to acquire land to further housing development opportunities;

(iv) Evaluating methods to improve the housing building materials supply chain in the State;

(v) Gathering and compiling information on local permitting and planning and zoning processes throughout the State and identifying “pain points” in those processes; and

(vi) Tracking the progress of housing development projects throughout the State and providing periodic updates to the Department of Housing and Community Development leadership and the Office of the Governor on housing production in Maryland.

C. Establishment of Housing Targets.

(1) The Department of Housing and Community Development shall:

(a) Publish on or before January 1, 2026, and every five years thereafter, housing production targets for the State, each county, and each municipality that exercises zoning or planning authority;

(b) Conduct a public engagement process on draft housing targets; and

(2) The Department of Housing and Community Development shall publish an annual report on January 1, 2027, and each year thereafter that:

(a) assesses the progress of the State and each local jurisdiction with meeting applicable housing production targets; and

(b) provides potential solutions to assist the state or a local jurisdiction with meeting applicable housing production targets.

D. Housing Leadership Award

(1) The Secretary of the Department of Housing and Community Development shall establish an annual Maryland Housing Leadership Award to recognize local jurisdictions that demonstrate outstanding progress in advancing housing opportunities.

(2) The Award may be granted to jurisdictions that:

(a) Are on track to meet or exceed housing production targets; or

(b) Enact policies or legislation that significantly promote the development of housing.

(3) The Department of Housing and Community Development may award bonus points to applications for department funding to local jurisdictions that have received a Maryland Housing Leadership Award.

E. General Provisions.

(1) This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.

(2) If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: September 3, 2025.

COMAR 01.01.2025.18 Governor's Intergovernmental Commission for Agriculture

(Rescinds Executive Order 01.01.2006.06)

A. Establishment. There is a Governor's Intergovernmental Commission for Agriculture (“Commission”).

B. Membership.

(1) Voting Members. The Commission shall consist of up to nineteen (19) voting members, including:

(a) The Secretary of Agriculture or the Secretary’s designee, who shall serve as Chair;

(b) A representative from each of the following organizations who shall be appointed by the Governor in consultation with the Secretary of Agriculture:

(i) The Maryland Agricultural Commission;

(ii) The Maryland Agricultural and Resource Based Industry Development Corporation;

(iii) The Maryland Association of Counties;

(iv) The Maryland Municipal League;

(v) The Maryland Association of County Health Officers;

(vi) The Maryland Association of County Planning Officers;

(vii) The Maryland Farm Bureau; and

(viii) The Rural Maryland Council; and

(c) Up to ten (10) members of the general public with interest or expertise in agriculture who shall be appointed by the Governor in consultation with the Secretary of Agriculture.

(2) Non-Voting Members. The Commission may also include the following members or their designee, who shall serve in an advisory non-voting capacity:

(a) The Secretary of Planning;

(b) The Secretary of Health;

(d) The Secretary of the Environment;

(e) The Secretary of Commerce;

(f) The Secretary of Emergency Management;

(g) The Secretary of Labor;

(h) The Secretary of Human Services;

(i) The Secretary of Aging;

(j) The Secretary of Education;

(k) The Director of the Maryland Energy Administration;

(l) The Dean of the University of Maryland School of Agriculture and Natural Resources;

(m) The Dean of the University of Maryland Eastern Shore School of Agricultural and Natural Sciences; and

(n) The President of the University of Maryland Center for Environmental Science.

C. Duties and Responsibilities. The Commission shall:

(1) Work to increase the economic profitability of agriculture in the State by ensuring that all appropriate agencies work in a cooperative, coordinated manner with local government and industry groups to plan, implement, oversee and evaluate intergovernmental initiatives related to the agricultural affairs of the State;

(2) Promote a clear and consistent “business-friendly” climate for agriculture in the State by serving as a liaison between the Governor and local governments and industry organizations;

(3) Develop annual intergovernmental goals for services and functions dealing with the agricultural affairs of the State;

(4) Develop and implement:

(a) Procedures to identify and assess agricultural developments that could potentially impact the State and local governments;

(b) A consistent, systematic method to coordinate the State’s agricultural economic development activities; and

(5) Make recommendations for programs and policies to ensure that the needs and goals of the State’s agricultural strategy are met and accomplished; and

(6) Perform other duties and responsibilities as assigned by the Governor.

D. Administration.

(1) The Commission shall be staffed by the Maryland Department of Agriculture. The State agencies represented on the Commission shall provide additional assistance as needed.

(2) Members appointed by the Governor shall serve at the pleasure of the Governor.

(3) Members representing an organization must maintain their specified organizational affiliation in order to maintain service on the Commission.

(4) Members of the Commission may not receive any compensation for their services, but may be reimbursed for their reasonable expenses incurred in the performance of duties in accordance with the State Standard Travel Regulations and as provided in the State budget.

E. Procedures.

(1) The Commission Chair shall:

(a) Oversee and lead the implementation of this Executive Order and the work of the Commission;

(b) Determine the Commission's agenda; and

(2) The Commission Chair may adopt bylaws, rules, and other procedures necessary to ensure the orderly transaction of business.

(3) A majority of the voting members present shall constitute a quorum for the transaction of any business of the Commission.

F. Meetings of the Commission.

(1) The Commission shall meet as often as its duties require, but no less than twice annually.

(2) The Chair may convene meetings of the Commission and shall preside over the meetings.

(3) The Chair may establish subcommittees that meet in between the Commission’s official biannual meetings.

G. Reporting. The Commission shall submit an annual report to the Governor by October 1st each year, outlining its recommendations to support a coordinated agricultural strategy within the State.

H. General Provisions.

Administrative History

Effective Date: July 28, 2025.

COMAR 01.01.2025.17 Valuing Opportunity, Inclusion, and Community Equity (VOICE)

A. Definitions

“State Agency” means a department, agency, commission, board, council, or other body of State government subject to the direction and supervision of the Governor.
“Overburdened Community” has the meaning provided in §1-701(a)(7) of the Environment Article of the Annotated Code of Maryland.

B. Unified Approach to Environmental Justice

To ensure consistent, equitable, and fair distribution of State resources, all State Agencies that are Members of the Interagency Environmental Justice and Equity Advisory Council, established by Section C, below, shall use the Environmental Justice Mapping Tool, created by the Department of the Environment, to track and address disparities related to environmental hazards, exposures, risks, health outcomes, investments, and benefits.
State Agencies shall prioritize opportunities for meaningful engagement with impacted communities on policies and priorities related to Environmental Justice and that enable these communities to meaningfully inform State Agency decision-making.
State Agencies shall identify and implement mechanisms to increase resources and opportunities for historically underrepresented farmers, rural and urban, by reducing barriers for entry, such as land access, and financing.

C. Interagency Environmental Justice and Equity Advisory Council (Council)

Establishment There is hereby established the Interagency Environmental Justice and Equity Advisory Council (Council).
Membership. The members of the Council are appointed by the Governor, in collaboration with the Secretary of the Environment, and shall consist of the Chief Sustainability Officer and leader representatives from the following State agencies:

i. Department of Natural Resources;

ii. Department of Transportation;

iii. Maryland Port Authority;

iv. Department of Agriculture;

v. Department of Housing and Community Development;

vi. Department of Health;

vii. Department of Planning;

viii. Maryland Energy Administration;

ix. Department of Commerce;

x. Department of Emergency Management;

xi. Governor’s Office for Children;

xii. Department of Public Safety and Correctional Services;

xiii. Department of Budget and Management; and

xiv. Other officials of State Agencies as the Governor or Secretary of the Environment may from time to time designate.

Chair. The Deputy Secretary of the Environment shall serve as Chair of the Council, and the Assistant Secretary of the Environment shall serve as Vice Chair of the Council:
Duties. The Council shall:

i. Support and facilitate interagency collaboration on programs and activities related to environmental justice, including the development of training plans to build the capacity and understanding of employees to advance environmental justice and to increase the meaningful participation of communities with environmental justice concerns;

ii. Identify and leverage State and federal resources to develop and implement outreach adaptation and mitigation strategies that improve environmental health outcomes, particularly for overburdened coastal, rural, tribal and urban communities;

iii. Develop strategies across State Agencies to stack federal grant opportunities, utilizing and leveraging multiple funding sources in parallel, to maximize investments and benefits for overburdened and rural communities;

iv. Identify strategies to expedite and streamline the delivery of State and federal funding to overburdened and rural communities that lack existing resources to utilize a reimbursable grant funding framework and provide technical assistance;

v. Within each member agency of the Council, designate an Environmental Justice Officer responsible for leading agency planning and implementation of the agency’s Environmental Justice Strategic Plan, in a manner that seeks to reflect the rich diversity of Maryland;

vi. Engage, collaborate, and consult with policy and community experts on Environmental Justice to conduct analyses and develop tools, including by building on and collaborating with existing bodies, as appropriate such as the Commission on Environmental Justice and Sustainable Communities (CEJSC), the Children's Environmental Health and Protection Advisory Council (CEHPAC), the Maryland Commission on Climate Change, the Governor’s Subcabinet on Climate, the Sustainable Growth Subcabinet and the Chesapeake Bay Cabinet;

vii. Engage, collaborate, and consult with impacted communities on programs and activities related to environmental justice; including to receive their input on the development of the Environmental Justice Strategic Plans;

viii. Track the overall spending of State and federal capital that has benefited overburdened and disadvantaged communities;

ix. Assess the efficiency and accessibility of conservation programs and other resources for farmers and watermen in overburdened and underrepresented communities and develop strategies to address barriers;

x. Develop an enhanced public participation plan for communities with Environmental Justice concerns potentially affected by certain resource extraction, waste management, industrial and manufacturing processes and activities;

xi. Assist local governments in ensuring that all residents, regardless of their background, have equitable access to a healthy environment by;

a. Upon request, providing technical assistance to local government entities, including incorporated and unincorporated municipalities, urban, suburban rural counties and coastal areas, which can include guidance on developing and implementing environmental justice programs, conducting impact assessments with an equity lens, identifying funding opportunities, and navigating complex regulatory frameworks; and

b. Encouraging and supporting the formation and implementation of local environmental justice initiatives by developing model plans and policies, hosting workshops and trainings, and facilitating partnerships between community based organizations and academic institutions;

xii. Identify and make recommendations to the Governor to address potential disproportionate environmental and health impacts that State laws, regulations, policies, and activities may have on Maryland residents and ensure the benefits are shared equitably; and;

xiii. Make recommendations to the Governor to ensure consistency with federal Environmental Justice programs.

Meetings.

i. The Council shall meet at least quarterly.

ii. In coordination with the Commission on Environmental Justice and Sustainable Communities (CEJSC), the Council shall hold at least two public meetings per year. Those public meetings shall include representatives from impacted communities.

iii. The Council shall be staffed by the Department of the Environment.

Guidance.

i. Within 6 months of the date of this Order, the Chair shall issue guidance, in consultation with the CEJSC, to inform State Agencies of the implementation of this order.

ii. The Chair may revise or issue additional guidance under this Order, as appropriate, and shall consider any additional recommendations made by the CEJSC in issuing or revising guidance

Reporting. The Council, led by the Department of the Environment, shall submit a report to the Governor’s Chief Sustainability Officer on or before December 1, 2025, and annually by December 1st each year thereafter, detailing the progress of implementing this Order. The Council’s annual reports shall be made available to the public.
Environmental Justice Strategic Plans. No later than 12 months after the date of this order and every 2 years thereafter, each agency member of the Council shall submit to the Chair and make available to the public, online, an Environmental Justice Strategic Plan with metrics to promote Environmental Justice in ways tailored to the specific agency and its authority, mission, and programs. Agencies must seek guidance from impacted stakeholders in the development of the metrics.

D. General Provisions.

This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.
If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: July 17, 2025.

COMAR 01.01.2025.16 State Employees Voluntary Separation Program

A. Except as provided in Paragraph J, this Executive Order applies to all employees in the Executive Branch of the State of Maryland, including employees of agencies with independent salary setting authority or independent personnel systems.

B. The Secretary of Budget and Management (Secretary) shall establish a Voluntary Separation Program (Program) that provides eligible State employees with a monetary payment of $20,000 plus $300 for each year of service as an incentive for employees to voluntarily separate from State service. The Program shall also include other severance benefits established by the Secretary including continuation, for those who are already enrolled, of State subsidized medical, prescription and dental benefits coverage, as well as life insurance coverage, for six months and payment for leave accrual in accordance with applicable law.

C. The Secretary shall establish criteria for employee participation in the Program and shall provide all eligible employees with sufficient information about the program to allow them to make fully informed decisions.

D. The Program shall be completely voluntary, and no employee shall be in any way compelled, coerced, or pressured, directly or indirectly, to participate.

E. Interested employees may apply to participate in the Program by filing an application with the Secretary. The agency employing an applicant shall advise the Secretary if the employee is in a position that should not be abolished. After the recommendations of employing agencies are considered, the applicants shall be notified if their application is approved or denied.

F. The filing of an application shall not create a right to participate in the Program. Only employees whose applications are approved by the Secretary shall be permitted to participate in the Program.

G. Employees accepted into the Program shall agree that they will not seek or accept employment or work in any capacity, including as an employee, contractor, or employee of a contractor, with any Executive Branch agency, public institution of higher education, or any other State agency or unit for a period of 18 months following their voluntary separation. An employee accepted into the Program who violates this reemployment prohibition shall be required to reimburse the State for the full amount of the severance payment and the cost of the subsidized health benefits.

H. The positions of all employees accepted into the Program shall be abolished.

I. The Secretary, the heads of every other personnel system, and the appointing authorities shall take all action as necessary or desirable to implement the Program. The Secretary, the heads of every other personnel system, and the appointing authorities shall implement the Program with the least possible disruption to the provision of State services.

J. This Executive Order does not apply to:

(1) The Legislative Branch;

(2) The Judicial Branch;

(3) Persons holding any civil office of profit or trust under the Maryland Constitution;

(4) Employees of the Attorney Grievance Commission, the Baltimore City Sheriffs Office, Canal Place Preservation and Development Authority, the Chesapeake Bay Commission, Historic St. Mary's City Commission, Maryland 529, all local health departments, the Injured Workers' Insurance Fund, the Maryland African American Museum Corporation, the Maryland Automobile Insurance Fund, the Maryland Environmental Service, the Maryland Food Center Authority, the Maryland Stadium Authority, Maryland School for the Deaf, and the Registers of Wills;

(5) Cabinet officials, agency heads, and members of any board or commission;

(6) Positions, classifications, and agencies or parts of agencies designated as exempt from the Program by the Secretary, which generally, but not exclusively, include police officers, correctional officers, health care providers, emergency responders; and

(7) Employees of the University System of Maryland, Baltimore City Community College, St. Mary's College of Maryland, and Morgan State University; however the University System of Maryland, Baltimore City Community College, St. Mary's College of Maryland, and Morgan State University may implement voluntary separation programs at each university in accordance with its rules and regulations and subject to the approval of its governing board.

Administrative History

Effective Date: July 10, 2025.

COMAR 01.01.2025.11 Advancing In-Custody Restraint-Related Death Investigations in Maryland

A. Definitions. The following words have the meanings indicated:

“Audit” means the independent audit of in-custody restraint-related death investigations that occurred between 2003-2019 at the OCME.
“Audit Report” means “An Independent Audit of Restraint-Related Death Investigations at Maryland’s Office of the Chief Medical Examiner (OCME) from 2003-2019,” published by the Office of the Attorney General’s Audit Design Team.
“In-Custody Restraint-Related Death” means sudden unexpected death during or shortly after physical restraint by law enforcement or other individuals including security guards, civilians, fire/EMS personnel, or corrections officers.

Authorizing the Attorney General to Re-Evaluate & Investigate OCME Audit Cases

B. Re-Evaluation of Audit Cases.

In consultation with the appropriate local State’s Attorney’s Office, the Maryland Attorney General is directed to review each case included within the Audit to determine if the case should be reopened for investigation. On or before December 31st of each calendar year, the Attorney General shall prepare an annual report on the status of the review of Audit cases until each case has been reviewed.
Upon request, the Maryland State Police may assist the Attorney General in conducting any resulting investigations.
Nothing in this Executive Order shall be interpreted to preclude local State’s Attorneys’ Offices from reopening and initiating their own investigations into any case included within the Audit.

Maryland Task Force on In-Custody Restraint-Related Death Investigations

C. Establishment. There is hereby established a Maryland Task Force on In-Custody Restraint-Related Death Investigations (“Task Force”).

D. Membership. The Task Force shall consist of the following members:

The Executive Director of the Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee, who shall serve as Chair;
Two (2) members appointed by the Attorney General;
One (1) member of the House of Delegates, appointed by the Speaker of the House;
One (1) member of the Senate of Maryland, appointed by the President of the Senate;
The Public Defender, or the Public Defender’s designee;
The Secretary of Health, or the Secretary’s designee;
The Chief Medical Examiner, or the Chief’s designee;
The Superintendent of the State Police, or the Superintendent’s designee;
The Secretary of Public Safety and Correctional Services, or the Secretary’s designee;
One (1) member of the Maryland Judiciary, appointed by the Chief Justice of the Supreme Court of Maryland; and
The following members appointed by the Governor:

i. Two (2) members from the Maryland State’s Attorneys’ Association;

ii. One (1) member from the Maryland Chiefs of Police Association or Maryland Sheriffs’ Association;

iii. One (1) member from a local law enforcement agency with expertise in policing standards, restraint, and use of force;

iv. One (1) member with expertise in mental health and crisis intervention;

v. One (1) member from a community organization that works primarily to improve circumstances and outcomes for crime victims and families of decedents;

vi. Two (2) members with expertise in forensic pathology and/or medicolegal death investigations, with at least one member having trained as a medical examiner; and

vii. Two (2) members from the Governor’s Executive Office.

E. Duties. The Task Force, led by the Governor’s Office of Crime Prevention and Policy, shall:

Identify ways to improve in-custody restraint-related death investigations in the State;
Make recommendations on the establishment of a multidisciplinary statewide oversight committee to review future manner-of-death determinations for all in-custody restraint-related deaths within the State;
Based on the re-evaluation of each case included in the Audit, consider ways to reduce the risk of in-custody restraint-related deaths;
In consultation with the Maryland Police Training and Standards Commission, evaluate the current standards for law enforcement agencies to document and investigate in-custody restraint-related deaths, and if necessary, make recommendations to improve Maryland’s training policies and ensure that they meet or exceed national standards;
Explore the intersection of police encounters, mental health and substance abuse, and in-custody restraint-related deaths and identify opportunities to promote greater collaboration between law enforcement and other agencies with specific expertise, such as mental health and substance abuse professionals; and
Evaluate the need and feasibility of conducting a subsequent audit and commencing such an audit, if necessary.

F. Administration.

The Task Force shall be staffed by the Governor’s Office of Crime Prevention and Policy.
Members appointed by the Governor shall serve at the pleasure of the Governor.
Members of the Task Force may not receive any compensation for their services, but may be reimbursed for their reasonable expenses incurred in the performance of duties in accordance with the State Standard Travel Regulations and as provided in the State budget.

G. Procedures.

The Chair shall:

i. Oversee and lead the work of the Task Force;

ii. Determine the Task Force's agenda; and

iii. Identify additional support as needed.

A majority of the members present shall constitute a quorum for the transaction of any business of the Task Force.

H. Meetings of the Task Force.

The Task Force shall meet as often as its duties require, but no less than quarterly.
The Chair may convene meetings of the Task Force and shall preside over the meetings.
The Task Force may establish ad hoc committees or working groups that meet in between the Task Force’s official quarterly meetings.

I. Reporting. The Task Force shall submit a report to the Governor on or before December 31, 2026.

J. Duration. The Task Force shall terminate on December 31, 2027, unless extended by the Governor.

Office of the Chief Medical Examiner

K. The Maryland Department of Health (“Department”) shall review the OCME’s current policies and procedures for conducting in-custody restraint-related death investigations and clearly identify any changes that have taken place since 2019.

L. The Department shall review the practice and policy recommendations provided in the Audit Report and conduct a need-based analysis for implementing the recommendations related to the OCME.

M. The Department shall work with OCME to improve how in-custody restraint-related deaths are investigated including:

Facilitating additional training for medical examiners; and
Ensuring the Office implements and follows the National Association of Medical Examiner’s recommendations for in-custody restraint-related deaths.

N. The Department, in conjunction with OCME, shall submit a report to the Governor by December 31, 2026, detailing its progress in carrying out the duties outlined in Sections K through M of this Executive Order.

O. General Provisions.

This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.
If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: May 15, 2025.

COMAR 01.01.2025.10 ENSURING SUCCESS WITH ADVANCED CLEAN CARS IIAND ADVANCED CLEAN TRUCKS IN MARYLAND

A. Enforcement Discretion. The Maryland Department of the Environment shall work with OEMs to ease the burdens created by the current federal Administration on ACC II and ACT compliance, including by, but not limited to, the following:

(1) Maximizing the Department's use of enforcement discretion as necessary and appropriate to ease compliance with ACC II and ACT standards, including:

(a) For the ACT standards, declining to pursue penalties associated with any ZEV delivery or sales shortfalls for Model Year 2027, and declining to pursue penalties for shortfalls in Model Year 2028 unless the Department publishes the Needs Assessment and Deployment Plan required by the Clean Trucks Act of 2023 by December 1, 2025;

(b) For the ACC II standards, declining to pursue penalties associated with any ZEV delivery shortfalls for Model Year 2027 and Model Year 2028 unless the Department is carrying out voluntary agreements with OEMs collectively representing at least 40% of the State's market share for passenger car and light truck vehicles subject to ACC II; and

(c) Discretion to decline the application of enforcement provisions under ACT and ACC II associated with any ZEV delivery shortfalls for Model Year 2027 and Model year 2028;

(2) Making any regulatory changes permitted by the Clean Air Act to ease any compliance burdens caused by changes in federal policy; and

(3) Continuing to work with CARB and other states that adopted CARB regulations under Section 177 to counter the harmful impacts of the current federal administration's policies.

B. Establishment. There is hereby established a Maryland ACC II and ACT Working Group (“Working Group”).

C. Purpose. The Working Group shall develop recommendations for how the ACC II and ACT programs can be successfully implemented in Maryland.

D. Membership. The Working Group shall consist of no more than 15 members including:

(1) The Secretary of the Environment, or the Secretary's designee;

(2) The Secretary of Transportation, or the Secretary's designee;

(3) The Chief Sustainability Officer;

(4) One member of the Senate of Maryland, appointed by the President of the Senate;

(5) One member of the House of Delegates, appointed by the Speaker of the House;

(6) One representative from OEMs, appointed by the Governor;

(7) One representative from the Maryland Automobile Dealers Association, appointed by the Governor;

(8) One representative from the Maryland Truck Association, appointed by the Governor;

(9) Three representatives from Maryland environmental organizations, appointed by the Governor; and

(10) Additional members appointed at the discretion of the Governor.

E. Chair. The Governor, or the Governor's designee, shall Chair the Working Group.

F. Meetings of the Working Group.

(1) The Working Group shall meet as often as its duties require, but no less than monthly.

(2) The Chair may convene meetings of the Working Group and shall preside over the meetings.

(3) The Working Group may establish ad hoc committees that meet in between the Working Group's official monthly meetings.

G. Reporting. The Working Group shall submit a final report detailing its findings and recommendations to the Governor and General Assembly by December 31, 2025.

H. Administration.

(1) The Department of the Environment shall provide staff for the Working Group.

(2) Members of the Working Group may not receive any compensation for their services, but may be reimbursed for their reasonable expenses incurred in the performance of duties in accordance with the State Standard Travel Regulations and as provided in the State budget.

I. Implementation. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.

Administrative History

Effective Date: April 4, 2025

COMAR 01.01.2025.08 Governor’s Office of Performance Improvement

(Rescinds Executive Order 01.01.2015.26)

A. Governor’s Office of Performance Improvement. The Governor’s Office of Performance Improvement (“GOPI”) shall be responsible for improving the performance of Maryland State agencies through greater accountability, coordination, and capacity building.

(1) GOPI shall be managed by the Chief Performance Officer, who shall direct the operations of GOPI. The Chief Performance Officer shall be appointed by and serve at the pleasure of the Governor.

(2) GOPI shall be comprised of staff appointed by the Governor.

B. Duties. GOPI shall:

(1) Develop the State Comprehensive Plan (“State Plan”), as defined in §3-1001 of the State Finance & Procurement Article of the Annotated Code of Maryland, at the outset of a new gubernatorial administration, which shall:

a) Include a statement of goals which serve as broad directives for improving or making more cost-effective State resources and services; and

b) Align State programs and services with the Governor’s priorities.

(2) Direct State agencies to develop objectives, strategies, key milestones, and/or performance measures to track the State Plan implementation.

(3) Develop and implement common sense government modernization initiatives as well as improve State operations and service delivery in order to:

a) Ensure strategic resource management.

b) Maintain fiscal sustainability.

c) Promote cost optimization strategies to ensure receipt of the highest value for state expenditures; and

d) Elimination duplication and fragmentation.

(4) Hold State agencies accountable for delivering results, and maintain a data-driven approach to performance improvement and decision-making by:

a) Tracking progress on the State Plan and government-modernization initiatives;

b) Holding regular data-driven reviews with the Governor; Lieutenant Governor; and/or agency leaders;

c) Identifying areas for improvement and/or key actions;

d) Building agency capacity to support a data-driven, action-oriented culture within State government; and

e) Leveraging social science and evidence of best practices to ensure results for Marylanders.

(5) Establish a Performance Improvement Council (“PIC”) composed of State agency representatives to provide a forum for the exchange of ideas to enable continuous improvement in the delivery of government services, accountability, and cross-agency collaboration.

C. Procedures

(1) Each State agency and department of the Executive Branch shall appoint a performance lead to drive performance improvement at their agency, and who shall be primarily responsible for:

a) Providing access to the data requested by GOPI to determine progress being made by the agency;

b) Collaborating with GOPI to analyze the collected data; and

c) Following-up on areas of improvement identified by GOPI.

(2) On a regular basis, each Secretary or agency head, or their designee, shall meet with GOPI.

(3) The State agencies and departments of the Executive Branch shall build a data-driven, action-oriented culture that is accountable for delivering results.

D. All State agencies, departments, and boards and commissions within the Executive Branch are authorized and directed to cooperate with GOPI in implementing the provisions of this Executive Order.

E. This Executive Order shall not be construed to alter existing authorities of any Executive agency or department, except that all Executive agencies and departments are directed to assist the GOPI in carrying out the purposes of this Executive Order.

Administrative History

Effective: January 10, 2025

COMAR 01.01.2025.06 Statewide Digital Infrastructure Group

I. Establishment.

A. There is a Digital Infrastructure Group (“DIG”) in the Department of Information Technology (“DoIT” or the “Department”) whose purpose is to coordinate the efficient deployment of wired and wireless communications and digital information technology infrastructure among the various State, County and local partners.

B. The Chair of the DIG shall be designated by the Secretary of DoIT (“Secretary”) and shall serve at the pleasure of the Secretary.

II. Responsibilities.

A. The DIG shall:

Develop, promote, and facilitate a Statewide vision for wired and wireless communications and digital information technology infrastructure;
Promote collaboration among State, County and local agencies for the management and deployment of wired and wireless communications and digital information technology infrastructure;
Communicate current and future wired and wireless communications and broadband infrastructure plans to relevant stakeholders;
Develop recommendations for long-range plans for wired and wireless communications and broadband infrastructure consistent with State goals, objectives, and DoIT’s Statewide Information Technology Master Plan;
Develop recommendations for policy, regulations, or legislation to facilitate strengthening Maryland’s wired and wireless communications, broadband, and information technology infrastructure;
Advise on the planning, funding, and development of Statewide wired and wireless communications, broadband, and information technology infrastructure projects proposed by units of State government;
Identify opportunities for productive partnerships and the use of new technologies, including public-private partnerships, that enable the sharing of resources and further the goal of expanding and strengthening Maryland’s wired and wireless communications, broadband, and information technology infrastructure; and
Ensure best management practices are employed for the use of State resources, assets, licenses, and funding and that these uses are consistent with State goals and objectives as well as DoIT’s Statewide Information Technology Master Plan.

III. Composition.

A. The DIG shall be composed of senior State officials from DoIT, designated by the Secretary, and senior staff members from the following agencies or units of State Government, designated by the respective agency or unit head:

The Maryland State Police (MSP);
The Maryland Department of Transportation and its Transportation Business Units (MDOT & TBU’s);
The Maryland Institute for Emergency Medical Services Systems (MIEMSS);
The Department of Natural Resources (DNR);
The Governor’s Office of Homeland Security;
The Department of Housing and Community Development (DHCD);
The Maryland Public Broadcasting Commission (MPT);
The Department of General Services (DGS);
The Maryland Department of Emergency Management (MDEM);
The Department of Budget and Management (DBM);
The Office of the Statewide Interoperability Coordinator (SWIC); and
The Statewide Interoperability Executive Committee (SIEC).

B. The Secretary may appoint additional members from units of State and local governmental entities as necessary.

C. The Secretary may establish one or more working groups and or subcommittees as necessary in support of the DIG.

IV. Contributions, Goals, and Objectives.

A. In consultation with the DIG, DoIT shall create a “Single View” of State-owned wired and wireless communications, broadband, and information technology infrastructure inventory inclusive of all inground, aerial and vertical assets. The “Single View” will include, at a minimum, each Executive Branch agency's qualifying assets and all approved Resource Sharing Agreement installations. The “Single View” shall be used for long-range planning, joint build projects, promoting Resource Share Agreement (RSA) opportunities and in support of broadband and digital infrastructure expansion.

B. DIG members shall share wired and wireless communications, broadband, and information technology infrastructure data with the Department to be included in the “Single View” that shall facilitate the consideration of how and where future wired and wireless infrastructure is deployed in the State.

C. In consultation with DIG, DoIT shall aggregate the various information technology policy-related advice generated by the various Executive Branch agencies, Statewide Interoperability Executive Committee, Statewide Interoperability Coordinator, and State Radio Control Board in order to provide recommendations and advice to the Secretary.

D. DIG members shall seek opportunities to strategically plan and design a shared infrastructure model that effectively manages public real property information technology corridors and efficiently uses monetary resources to generate cost savings.

E. Ensure DIG priorities are considered when evaluating RSA opportunities.

F. Improve broadband access and digital equity across the State.

G. Address last-mile connectivity, particularly in rural areas.

H. Provide strategies to achieve the availability of increased connectivity speeds to every Community Anchor Institution (CAI).

I. Collaborate on how best to employ available funding, to include State and Federal Grants, to achieve the maximum coverage in the most effective manner.

V. Frequency.

A. The Secretary shall determine how often DIG shall meet and may coordinate additional meetings dependent on workload.

B. The Secretary shall determine how often each working group or subcommittee established under this Executive Order shall meet.

VI. Each Executive Branch agency and unit of State government is hereby required, to the extent not inconsistent with law, to cooperate fully with DIG and to furnish such assistance, including data, reports, or other information as necessary to accomplish the purpose of this Executive Order.

VII. Nothing contained in this Executive Order shall be construed to impair or otherwise affect the authority granted by law to an Executive Branch agency or unit of State government.

VIII. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.

IX. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective: January 7, 2025

COMAR 01.01.2025.04 Governor’s Office of Community Initiatives

(Rescinds Executive Orders 01.01.2004.57, 01.01.2007.18, 01.01.2007.19, 01.01.2007.21, 01.01.2007.22, 01.01.2007.25, 01.01.2009.07, 01.01.2012.11, and 01.01.2012.17)

I. Governor’s Office of Community Initiatives

A. The Governor’s Office of Community Initiatives (“GOCI”) shall include the following units, created by Executive Order: the Governor’s Commission on African Affairs, the Governor’s Commission on Asian and Pacific American Affairs, the Governor’s Commission on Caribbean Affairs, the Governor’s Commission on Hispanic and Latin American Community Affairs, the Governor’s Commission on Middle Eastern American Affairs, and the Governor’s Commission on South Asian American Affairs (together, the “Ethnic Commissions”), and any other commission designated by the Governor as a unit of GOCI.

B. GOCI also houses the legislatively created Commission on Indian Affairs, Commission on LGBTQIA+ Affairs, and Governor’s Office of Immigrant Affairs.

C. Executive Director. GOCI shall be managed by an Executive Director, who serves at the pleasure of the Governor. The Executive Director shall:

Supervise, direct, manage, and coordinate the Ethnic Commissions designated in Section 1.A of this Order;
Provide administrative supervision and support to the legislatively created units designated in Section 1.B of this Order;
Direct community initiatives across State government and coordinate with federal and local governments, private sector entities, academia, and community organizations to strengthen community engagement; and
Represent the Governor on boards, forums, and councils as appropriate.

D. Staffing.

GOCI shall be composed of staff appointed by the Executive Director, with the approval of the Governor.
GOCI staff serve at the pleasure of the Executive Director, subject to the concurrence of the Governor.

E. Duties. GOCI shall be responsible for the following activities:

Conducting a review of State programs in cooperation with appropriate State departments and agencies to identify legislative and regulatory barriers that impede the effectiveness of community organizations to deliver results-based social services;
Advising the Governor on policies and measures to enhance and improve the delivery of services to ethnic, immigrant, and faith-based communities;
Conducting public outreach on behalf of the Governor to encourage greater involvement and participation by community organizations and constituent groups;
Reviewing State and federal legislation to assist in the identification of funding opportunities for community organizations to implement initiatives that benefit the State of Maryland; and
Serving as principal liaison to the faith-based community and associated organizations.

F. All State departments, agencies, commissions, and boards are directed to cooperate with GOCI in implementing the provisions of this Executive Order.

G. Reports. By December 31 of each year, GOCI shall submit an annual report to the Governor on its activities.

II. Ethnic Commissions

A. There are the following Ethnic Commissions within GOCI:

The Governor’s Commission on African Affairs;
The Governor’s Commission on Asian and Pacific American Affairs;
The Governor’s Commission on Caribbean Affairs;
The Governor’s Commission on Hispanic and Latin American Community Affairs;
The Governor’s Commission on Middle Eastern American Affairs; and
The Governor’s Commission on South Asian American Affairs.

B. Membership.

Each Ethnic Commission shall consist of fifteen (15) voting members appointed by the Governor.
The Commission members shall:

a) Reflect the diverse ancestry and national origins of the respective communities of Maryland; and

b) Provide representation from different geographic regions in the State.

Members shall serve at the pleasure of the Governor consecutive four-year terms.
If a member is appointed to a vacant seat with less than two years remaining in a term, such service does not count as a full term. Such a member is eligible to serve two additional four-year terms.
A Commission member holds a seat until a successor is appointed.
The Governor shall designate a Chairperson and Vice Chairperson from among the members of the Commission. The Chairperson and Vice Chairperson shall serve at the pleasure of the Governor.
In the event of a vacancy on a Commission, the Governor shall appoint a successor.
Commission members are subject to the direction of the Executive Director and serve at the pleasure of the Governor.

C. Eligibility and Appointment.

Members of the Ethnic Commissions shall demonstrate an affinity to the diasporic community that the commission represents. A Commission member may demonstrate affinity by being:

a) An immigrant of a diasporic community;

b) A descendant of a diasporic community;

c) A proven advocate for the interests of a diasporic community;

d) A scholar or educator of the history of a diasporic community;

e) An expert on issues important to a diaspora community; or

f) A former resident of a diasporic community.

In making appointments to the Ethnic Commissions, the Governor shall consider the demographic and geographic diversity of the State.

D. Procedures. The following procedures govern the Ethnic Commissions:

The Commissions are public bodies subject to the Open Meetings Act.
The Commissions shall meet at the call of the Chairperson, in coordination with GOCI, at least six times each year. Sufficient notice of meetings shall be published to encourage public attendance.
The Commissions shall hold at least one administrative planning session each year for onboarding and scheduling purposes.
A majority of the Commission members then serving shall constitute a quorum for the transaction of any business.
The Commissions may adopt such other procedures and by-laws as may be necessary to ensure the orderly transaction of business.
The Commissions may create committees or subcommittees subject to the approval of the Executive Director.
By June 30th of each year, the Commissions shall submit an annual report to the Governor detailing the activities in the preceding calendar year, along with any appropriate recommendations.

E. Expenses. Ethnic Commission members may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

F. Operational Support. GOCI shall provide publication, operational, and other support as needed to the Ethnic Commissions.

G. Duties. The Ethnic Commissions shall have the following duties and responsibilities:

Serve as an advisory body to the Governor and agencies within the Executive Department on matters relating to the Commission’s diasporic community within Maryland, including matters relating to economic, workforce, and business development domestically and abroad;
Identify needs or problems affecting the Commission’s diasporic community, and make recommendations to the Governor on appropriate responses and programs;
Conduct outreach to the Commission’s diasporic community groups within the State, and communicate information to them concerning public and private programs that are beneficial to their interests;
Review and provide recommendations to the Governor on any proposed federal, State, or local legislation, regulations, policies, or programs that affect the Commission’s diasporic community of Maryland;
Make recommendations to the Governor on matters affecting the health, safety, and welfare of the Commission’s diasporic community of Maryland; and
Perform any other duties that may be requested by the Governor or the Executive Director.

H. The diasporic communities of the Ethnic Commissions are as follows:

Governor’s Commission on African Affairs: The diasporic countries of the Governor’s Commission on African Affairs include, but are not limited to: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cabo Verde, Central African Republic, Chad, Comoros, Cote d’Ivoire, Democratic Republic of the Congo, Djibouti, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Tanzania, Togo, Tunisia, Uganda, Western Sahara, Zambia, Zimbabwe.
Governor’s Commission on Asian and Pacific American Affairs: The diasporic countries, territories, and states of the Governor’s Commission on Asian and Pacific American Affairs include, but are not limited to: Brunei, Cambodia, China, Cook Islands, East Timor, Federated States of Micronesia, Fiji, Guam, Hawaii, Hong Kong, Indonesia, Japan, Kazakhstan, Kiribati, Kyrgyzstan, Laos, Lord Howe Island, Macau, Malaysia, Melanesia, Micronesia, Mongolia, Myanmar, Norfolk Island, North Korea, Oceanic islands of the Eastern Pacific, Palau, Papua New Guinea, Philippines, Polynesia, Republic of Marshall Islands, Samoa, Singapore, Solomon Islands, South Korea, Taiwan, Tajikistan, Thailand, the Revillagigedo Islands, Tonga, Turkmenistan, Tuvalu, Uzbekistan, Vanuatu, Vietnam.
Governor’s Commission on Caribbean Affairs: The diasporic countries of the Governor’s Commission on Caribbean Affairs include, but are not limited to: Anguilla, Antigua and Barbuda, Aruba, the Bahamas, Barbados, Belize, Bermuda, the British Virgin Islands, Cayman Islands, Cuba, Dominica, Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, Martinique, Montserrat, Netherlands Antilles, Puerto Rico, St. Barths, St. Kitts and Nevis, St. Lucia, St. Martin, St. Vincent, Trinidad and Tobago, Turks and Caicos.
Governor’s Commission on Hispanic and Latin American Community Affairs: The diasporic countries of the Governor’s Commission on Hispanic and Latin American Affairs include, but are not limited to: Argentina, Bolivia, Brazil, Argentina, Bolivia, Chile, Columbia, Costa Rica, Ecuador, El Salvador, Equatorial Guinea, French Guyana, Guatemala, Guyana, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Spain, Uruguay, Venezuela.
Governor’s Commission on Middle Eastern American Affairs: The diasporic countries of the Governor’s Commission on Middle Eastern American Affairs include, but are not limited to: Bahrain, Cyprus, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Oman, Palestine, Qatar, Saudi Arabia, Syria, Turkey, United Arab Emirates, Yemen.
Governor’s Commission on South Asian Affairs: The diasporic countries of the Governor’s Commission on South Asian Affairs include, but are not limited to: Afghanistan, Bangladesh, Bhutan, India, Maldives, Myanmar, Nepal, Pakistan, Sri Lanka.

Administrative History

Effective Date: January 7, 2025.

01.01.2024 Executive Orders 2024

COMAR 01.01.2024.39 Strengthening Maryland’s Business Climate to Bolster Economic Competitiveness

A. Scope.

This Executive Order applies to executive departments and agencies that report to the Governor

B. Governor’s Economic Competitiveness Subcabinet.

Establishment. There is a Governor’s Economic Competitiveness Subcabinet (“Subcabinet”).
Membership. The Subcabinet shall consist of the following members:

a. The Secretary of Commerce, who shall serve as chair of the Subcabinet;

b. The Secretary of Agriculture;

c. The Secretary of Budget and Management;

d. The Secretary of the Environment;

e. The Secretary of Higher Education;

f. The Secretary of Housing and Community Development;

g. The Secretary of General Services;

h. The Secretary of Labor;

i. The Secretary of Planning;

j. The Secretary of Transportation;

k. The Special Secretary of the Governor’s Office of Small, Minority, and Women Business Affairs;

l. The Chancellor of the University System of Maryland;

m. The State Superintendent of Schools;

n. The Executive Director of the Maryland Economic Development Corporation;

o. The Executive Director of the Maryland Clean Energy Center;

p. The Chief Executive Officer of the Maryland Technology Development Corporation; and

q. Such other officials of the executive departments and agencies as the Governor may from time to time designate.

Duties of the Subcabinet. The Subcabinet shall:

a. Advise the Governor on, and identify and recommend policies, regulations, strategies, and actions that strengthen Maryland’s economic competitiveness and growth on an ongoing basis;

b. Review proposed policies and procedures by executive departments and agencies impacting economic development and workforce development;

c. Coordinate the implementation of executive directives and legislation that support business and talent development in the state;

d. Track the progress of the cross-agency implementation of the Economic Strategic Plan approved by the Maryland Economic Development Commission;

e. Track the progress of the cross-agency implementation of the economic goals under the Moore-Miller Administration’s Maryland State Plan; and

f. On a biannual basis, develop and publish a consolidated economic competitiveness plan that incorporates strategies and action plans from every executive department and agency represented on the Subcabinet.

Meetings of the Subcabinet.

a. The Subcabinet shall meet at least once per month.

Administrative Support for the Subcabinet.

a. The Department of Commerce shall provide administrative support to the Subcabinet.

C. Governor’s Office of Business Advancement.

Establishment. No later than December 31, 2024, a Governor’s Office of Business Advancement (“Office”) shall be established within the Department of Commerce.
Purpose. The Office shall:

a. Provide wraparound concierge service and support to businesses and corporations seeking to locate or expand in Maryland;

b. Assist major businesses, employers, and developers navigate State and local permitting and licensing requirements and, when necessary, assist in the resolution of disputes between business customers and State and local agencies;

c. Assist businesses looking to expand or relocate in Maryland navigate and secure financial incentives through available State programs, for which they are eligible;

d. Assist the Secretary of Commerce in attracting, negotiating, and closing deals on major development projects, including but not limited to large-scale commercial, residential, mixed-use, manufacturing, infrastructure, and attraction or entertainment projects;

e. Assist major businesses and employers with talent and workforce needs by connecting them to State programs and non-government resources;

f. Collaborate with the Chief Performance Officer to set performance metrics on the effectiveness of State financial incentive programs and other economic and workforce development programs; and

g. Maintain a centralized database of resources available to businesses seeking to locate, expand, or remain in Maryland.

The Office shall be led by a Director of Business Advancement who shall report to the Secretary of Commerce.
Each executive branch department and agency shall designate a point of contact for the Office to resolve issues and concerns directed to the Office.
The Director of Business Advancement shall produce a quarterly report to the Governor and the Secretary of Commerce beginning April 1, 2025 on activities conducted by the Office, as well as any recommendations to strengthen the work of the Office.

D. Maryland Coordinated Permitting Review Council.

Establishment. No later than July 1, 2025, the Maryland Coordinated Permitting Review Council (“Council”) shall be established. The Council shall be housed under the Maryland Department of Planning.
Purpose. The purpose of the Council is to facilitate interagency coordination and efficient processing of approvals required to advance priority infrastructure and place-based projects within the State to bolster transparency, ensure predictability, and foster interagency coordination to grow Maryland’s economy while safeguarding the health and safety of residents.
Authority. To achieve this purpose, the Council shall:

a. Establish eligibility criteria and application processes for projects that may be designated as covered projects.

b. Coordinate interagency plan review and permitting of covered projects through a working group of permitting leads from each state agency represented on the Council. The activity of the permitting working group shall include:

i. developing a coordinated project plan for each covered project;

ii. developing timetables for completion of required plan reviews and responses, and permit approvals for Projects;

iii. providing accountability and oversight of the execution of each coordinated project plan and timetable; and

iv. when applicable, engaging federal and local government agencies that have jurisdiction over critical areas of review and permit approvals identified in the project plan for covered projects.

c. Develop an online internal intake system and a public facing dashboard for tracking project plan reviews and permitting processes to improve efficiency, transparency, and accountability for the timely response and determination of plans and permits.

d. Ensure that necessary processes are established to facilitate interagency information sharing, communication, and cooperation necessary for the working group to be successful.

Membership. The Permitting Council shall be comprised of the deputy secretary or the equivalent of the following executive departments and state agencies:

a. The Department of Agriculture;

b. The Department of Commerce;

c. The Department of the Environment;

d. The Department of Housing and Community Development;

e. The Department of Information Technology;

f. The Department of Natural Resources;

g. The Department of Planning;

h. The State Highway Administration;

i. The Maryland Economic Development Corporation;

j. The Maryland Department of State Police Office of the State Fire Marshall;

k. Maryland Energy Administration.

l. The following members, appointed by the Governor:

i. one representative of an urban county;

ii. one representative of a rural county;

iii. one representative of an urban municipality; and

iv. one representative of a rural municipality.

m. In addition to those named in this Order, the Council may engage members of the design, construction and development industry to deepen its understanding of the user permitting experience.

The Secretary of Planning shall serve as Chair of the Council.
Administrative Support for the Council.

a. The Department of Planning shall provide administrative support for the Council that will include:

i. coordination and management of Council meetings and communications;

ii. facilitation of the permitting working groups to ensure project plans and timelines are being met, issues are identified and progress reports are made to the Council;

iii. development and maintenance of an internal intake system and a public facing dashboard outlining projects, associated timetable, milestones, and progress; and

iv. preparation of required reports on Council progress and findings to the Governor

Pilot Initiative.

a. The Council shall develop a set of criteria to be used in selection of an initial set of high impact projects to serve as proofs of concept.

b. Selection criteria for initial projects shall include a representation of project scales based on cost and complexity, types, and geographic location and consider the stage of project design and development.

c. The pilot project selection criteria will result in a manageable portfolio of projects that will be subject to the processes set by the Council by Section D.3 of this Executive Order.

Reporting.

a. The Council will provide regular updates of not less than quarterly to the Governor with a comprehensive report on preliminary findings and outcomes by July 1, 2026.

E. Government Loaned Executive Program.

Establishment. There is a Government Loaned Executive Program (“Loaned Executive Program”) within the Department of Commerce. The Program aims to enhance collaborations between government and the private sector through temporary assignments of private sector executives to the Department of Commerce to cultivate a culture of innovation and excellence to more effectively execute the mission and goals of the Department.
Purpose. The Loaned Executive Program shall:

a. Leverage the expertise of private sector executives to support the Maryland Department of Commerce’s initiatives;

b. Facilitate the temporary engagement of private sector executives in the Department to provide technical expertise, leadership, and strategic counsel on best practices and sector engagement; and

c. Enhance the Department of Commerce’s capacity to execute high-impact projects and foster greater public-private collaboration.

F. Devoting State Government Resources to Priority Industries and Sectors.

Executive departments and agencies covered by the scope of this Executive Order shall, to the extent practicable, leverage existing State resources – including prioritization or preference through eligible financial incentive programs – to support the development and growth of the following priority industries and emerging sectors:

a. Industries.

i. Life Sciences;

ii. Information Technology;

iii. Aerospace; and

iv. Defense.

b. Emerging Sectors.

i. Computational biology;

ii. Quantum technology; and

iii. Position, navigation, and timing.

G. Coordinated Economic Development, Marketing, and Branding Efforts with Local Governments.

The Department of Commerce shall develop strategies to establish formal economic development, marketing, and branding campaign plans with local governments to promote industries and sectors located in various geographic regions across the State.

H. Review of Business Tax Credit, Financial Assistance and Incentive Programs.

Each executive department that administers business tax credit programs and other forms of financial assistance to businesses shall develop methodologies and operation plans to conduct return on investment analyses. These plans shall include:

a. Logic models for each qualifying program;

b. Standard methodologies of analysis for qualifying programs of similar purpose and intended outcome;

c. A plan for neutral review of qualifying programs;

d. Qualitative elements, if necessary and applicable, that indicate the value of qualifying programs should some values not be quantifiable;

e. Methodologies to track both the short-term and long-term success of program beneficiaries, including qualifying program beneficiary surveys where necessary;

f. Regional impact assessments when prudent and practicable;

g. An established cadence for programmatic analysis for a period not exceeding 4 years, and, to the extent practicable, completed at least one year prior to the termination date of the program;

h. Recommendations about whether the benefit mechanism is most effective to achieve program goals, particularly in assessing tax credits; and

i. Recommendations about whether qualifying programs require any structural alterations to ensure that proper analysis can be conducted.

By June 30, 2025, the Governor’s Economic Competitiveness Subcabinet shall review and approve executive department plans to conduct these analyses.

I. Site Readiness Program at the Maryland Economic Development Corporation.

Establishment. The Maryland Business Ready Sites Program (“Site Readiness Program”) is established within the Maryland Economic Development Corporation.
Purpose. The Site Readiness Program shall:

a. Identify commercial and industrial sites that offer significant economic development value;

b. Make investments that ready identified sites to accommodate impactful, sustainable, and equitable business expansion, investment, and attraction opportunities; and

c. Market readied sites across the State and the country to establish Maryland as a prime place to invest, locate, and grow business.

J. Evaluation and Review of Certain Business Licensing Programs.

No later than June 30, 2025, the Maryland State Department of Assessments and Taxation (“SDAT”) shall submit a report to the Governor detailing the processes and recommendations for operational efficiency and improvements related to Charter Business Services administered by SDAT.

a. SDAT shall include in its report recommendations on reducing processing wait times, potential opportunities for automation, and a portal providing applicants visibility into the status of their charter business service applications.

b. SDAT shall review other states’ internal processes to identify potential best practices that can be replicated in Maryland.

No later than June 30, 2025, the Maryland Department of Transportation (“MDOT”) – in consultation with the Governor’s Office of Small, Minority, and Women Business Affairs and the Office of State Procurement at the Department of General Services – shall submit a report to the Governor detailing the processes and recommendations for operational efficiency and improvements related to the certification and recertification processes for the Minority Business Enterprise Program.

a. MDOT shall include in its report recommendations on reducing processing wait times, potential opportunities for automation, and a portal providing applicants visibility into the status of their MBE certification and recertification applications.

b. MDOT shall review other states’ internal processes to identify potential best practices for socioeconomic procurement program certifications and recertifications that can be replicated in Maryland.

K. General Provisions.

This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.
If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: December 19, 2024.

COMAR 01.01.2024.38 Delivering a More Efficient, Equitable, and Competitive Procurement System for Maryland

A. Scope.

This Executive Order applies to all units of State government as defined in Section 11-101 of the State Finance and Procurement Article.

B. Definitions. The following words have the meanings indicated:

“Preferred Providers” means a provider of supplies or services given preference in Section 14-103 of the State Finance and Procurement Article.
“Procurement Review Group” means a standing group charged with reviewing solicitations, task orders solicitations, proposed sole-source contracts, and contract renewal options to maximize opportunities for MBE and VSBE participation on State procurement contracts.
“Unit” as defined by Section 11-101(y) of the State Finance and Procurement Article, means an officer or other entity that is in the Executive Branch of the State government and is authorized by law to enter into a procurement contract.

a. Unit does not include:

i. A bistate, multistate, bi-county, or multicounty governmental agency; or

ii. A special tax district, sanitary district, drainage district, soil conservation district, water supply district, or other political subdivision of the State.

C. Authorizing Comprehensive Contract Management Process & Technology Improvements

The Office of State Procurement within the Maryland Department of General Services (“OSP”), in coordination with the Maryland Department of Transportation (“MDOT”), and the Maryland Department of Information Technology (“DoIT”), shall develop and implement a comprehensive Statewide centralized contract management process and platform in compliance with State procurement law that will:

a. Integrate available automation and technology to streamline administrative tasks, enhance contract monitoring mechanisms, and ensure compliance and implementation of contract management software and technology tools;

b. Establish standardized project specification templates and documentation protocols to minimize project delays and modifications, while also facilitating efficient execution of executive directives;

c. Provide a method for reporting on a centralized platform where contract management performance data is collected, reviewed, and displayed;

d. Include a mechanism for vendors and procurement officers to provide feedback, identify bottlenecks, address challenges, and facilitate a continuous cycle of improvement within the procurement process;

e. Offer a contract management training certification program through the Maryland Procurement Academy for State agencies; and

f. Capture and securely store detailed information about prospective bidders and offerors, by commodity codes and socially and economically disadvantaged-owned business status, to facilitate MBE and Disadvantaged-owned Business Enterprise (“DBE”) disparity study analysis and program reporting.

OSP shall review and consider implementing innovative solutions to streamline the procurement process and reduce administrative burdens, while maintaining the core principles of fair competition and diverse supplier engagement, including:

a. For routine procurements, developing a 120-day procurement lead time from the date the procurement package is complete to the date the award is recommended. This process should require fewer approvals and reserve more payment intensive review processes for more complex contracts;

b. Expanding the use of contract vehicles with pre-approved vendors, including CSBs, to accelerate the procurement process for routine purchases while maintaining a robust and diverse supplier base;

c. Creating more efficient processes for emergency procurements to ensure quick response times without impeding necessary oversight or sacrificing socioeconomic procurement goals;

d. Developing a method and a vehicle for proof of concept procurements and pilot projects in emerging technology fields to help identify and recruit new entrants and innovative firms to the State procurement ecosystem;

e. Developing a more efficient process for handling contract modifications, which include utilizing pre-approved modification categories that require less intensive review; and

f. Recommending a process through which a vendor may offer a discount to the State in exchange for accelerated payments.

DoIT, in coordination with OSP and MDOT, shall review existing information technology (“IT”) and eProcurement systems used to collect and aggregate data on contract performance, awards, and CSB, MBE and VSBE certifications, and develop a strategy for modernizing those systems to:

a. Ensure interoperability that will facilitate real-time communication, document sharing, and seamless integration of data and processes; and

b. Leverage innovative technologies, such as artificial intelligence (“AI”), machine learning (“ML”), and other emerging technologies (altogether, “emerging technologies”) to automate and streamline processes.

OSP, in coordination with DoIT, shall identify opportunities and establish guidelines for the utilization of emerging technologies to assist in the end-to-end procurement lifecycle, to speed up the evaluation process, while ensuring fair, equitable, and a competitive marketplace for all bidders and offerors.
OSP, in consultation with the Maryland Department of Budget and Management (“DBM”), shall examine and report the benefits of a centralized procurement function, including shared services functions for smaller agencies and offices, to effectively and efficiently meet the State's procurement needs.
MDOT and the Governor’s Office of Small, Minority and Women Business Affairs (“GOSBA”) shall review existing processes and if possible, develop a strategy for streamlining the certification process for the Small Business Reserve (“SBR”), MBE, and VSBE programs. This strategy shall include a plan to implement a streamlined verification process for socially and economically disadvantaged-owned business certifications to reduce the administrative burden on applicant firms, and expand the vendor pool.
Beginning on April 30, 2025, OSP, in coordination with MDOT, DoIT, and GOSBA, shall report to the Governor quarterly on April 30th, July 31st, October 31st, and January 31st, detailing the progress of the initiatives outlined in Section B of this Executive Order, including the efforts that have been completed and the anticipated implementation timelines for any incomplete objectives.

D. Expanding Participation for Small and Socially and Economically Disadvantaged-owned Business Programs in State Procurement.

Effective immediately, all Procurement Officers are hereby directed to:

a. Designate a procurement as SBR if market research indicates that two or more certified small businesses under the SBR program can perform the work or provide the desired goods or services;

b. Proactively work with prime contractors to achieve or exceed contractual MBE and VSBE subcontracting goals in instances where the procurement officer is acting as the Contract Manager by performing annual reviews to identify compliance with those established contractual MBE and VSBE participation goals and if necessary, require corrective action plans from the prime contractors;

c. Apply reciprocal preferences to applicable procurements for Maryland bidders and offerers in accordance with the Board of Public Works Advisory 1996-5 and Maryland law; and

d. When practicable, require the submission of economic benefit factors to the State when conducting a competitive procurement evaluation.

OSP, in collaboration with MDOT and GOSBA, shall determine the feasibility of requiring diversity hiring plans for all procurements expected to exceed $500,000 prior to award.
GOSBA shall ensure that small and socially and economically disadvantaged-owned businesses are considered and integrated effectively into State procurement processes, with the goal of enhancing oversight of these programs by:

a. Providing a single point of contact and resource within the State of Maryland; and

b. Ensuring that performance data is standardized across State agencies and transparently reported to provide accountability and foster improvements in government procurement operations.

GOSBA, in consultation with DGS, shall determine the feasibility of including the Preferred Providers, defined in Section 14-101(d) of the State Finance and Procurement Article, as part of the centralized small and socially and economically disadvantaged-owned business programs oversight under GOSBA.
GOSBA and MDOT, in consultation with the United States Small Business Administration (“SBA”), shall determine if there is an opportunity to streamline the certification process to accept firms certified as 8(a) Program participants, Veteran-Owned Small Businesses (“VOSB”), and Women-Owned Small Businesses (“WOSB”) by the SBA into the Maryland MBE and VSBE programs.
On or before September 1, 2025, MDOT, in coordination with GOSBA and OSP, shall update regulations to extend all small and socially and economically disadvantaged-owned business certifications from one year to three years.
GOSBA shall implement a vendor training program to ensure the awareness, understanding, and transparency of the obligations, roles, and responsibilities of prime and subcontractors in State contracting, including how to complete MBE and VSBE participation goal forms accurately and completely.
GOSBA shall annually review and update, as needed, the MBE and VSBE participation goal forms, MBE and VSBE vendor report forms, Unit reporting templates, and consolidated reporting schedules to improve transparency, streamline processes, and reduce administrative burden. In addition, GOSBA shall:

a. In coordination with DoIT, develop strategies to leverage available technologies to automate the reporting processes for these requirements; and

b. Leverage more efficient and transparent processes to ensure greater compliance by prime contractors to meet their subcontracting goals.

GOSBA shall perform an analysis and provide recommendations on the impact on the business community of Section 14-302(a)(14)(ii) of the State Finance and Procurement Article – commonly known as the 60% Rule – applied to materials and supplies in a procurement transaction.
GOSBA shall implement training for Procurement Officers and MBE, VSBE, and SBR Liaisons on best practices regarding the establishment and compliance efforts related to MBE and VSBE participation goals and SBR designations on procurements; and evaluation of submitted participation forms for accuracy and completeness and to prioritize and ensure the maximum practicable utilization of small and socially and economically disadvantaged-owned businesses consistent with State and federal constitutional requirements.
GOSBA shall design and administer a Mentor-Protégé program designed to foster the growth and development of small, diverse businesses in Maryland, as authorized by Section 9-305 of the State Government Article.
Beginning April 30, 2025, OSP, in coordination with MDOT, DoIT, and GOSBA, shall publish a quarterly report to the Governor on April 30th, July 31st, October 31st, and January 31st, detailing the progress of the initiatives outlined in this section that includes which efforts have been completed and anticipated implementation timelines for incomplete efforts.

E. Strengthening Compliance with MBE and VSBE Contractual Goals

OSP, GOSBA and MDOT shall, in consultation with the Office of the Attorney General (“OAG”):

a. Determine the feasibility of applying a mechanism to withhold payments to prime contractors to enhance accountability measures for contractual requirements related to MBE and VSBE goals on state procurement contracts; and

b. Require attestations that the bidder and offeror will make good faith efforts to acquire articles, equipment, supplies, services, or materials, or obtain the performance of work from the certified small business(es) that the offeror used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal.

GOSBA, in consultation with OAG, shall develop additional administrative and policy recommendations to strengthen compliance efforts on MBE and VSBE goals on state procurement contracts.
No later than April 30, 2025, GOSBA and OSP, in consultation with OAG and MDOT, shall jointly submit a report to the Governor on the findings of this section.

F. Increasing Accountability for Contractor Compliance with Socioeconomic Procurement Goals

By February 28, 2025, GOSBA and OSP shall promulgate regulations – in consultation with OAG and the Board of Public Works – related to criteria to be used to determine that a prime contractor has persistently failed to meet contract goals in the absence of mitigating factors as required by Section 14-305(c) of the State Finance and Procurement Article.

G. Establishing Agency-Level Socioeconomic Procurement Goals

In an effort to more accurately measure each participating unit’s ability to contribute towards the State’s overall socioeconomic procurement goals related to the MBE, VSBE, and SBR programs, GOSBA shall:

a. Review, on an annual basis, historical and projected contract data with all participating units and, establish unit-level MBE, VSBE, and SBR goals for each participating unit to count towards the State’s overall socioeconomic procurement goals, established pursuant to Sections 14-302(a)(1)(ii), 14-602(a)(2), and 14-502(c) of the State Finance and Procurement Article;

b. Publish necessary guidelines, promulgate requisite regulations, and administer training programs for procurement officers and MBE, VSBE, and SBR liaisons to fulfill the requirements of this section; and

c. GOSBA shall publish an annual report of each participating unit’s goals, cumulative statewide goals, and respective achievements, as applicable, and other requirements as outlined in Section 14-305 of the State Finance and Procurement Article.

H. Governor’s Subcabinet on Socioeconomic Procurement Participation

Establishment. There is hereby a Governor’s Subcabinet on Socioeconomic Procurement Participation (“Subcabinet”).
Membership. The Subcabinet shall consist of the following members:

a. The Special Secretary of the Governor’s Office of Small, Minority, and Women Business Affairs, who shall serve as chair of the Subcabinet;

b. The Secretary of the Department of Budget and Management, or their designee;

c. The Secretary of the Department of Commerce, or their designee;

d. The Secretary of the Department of General Services, or their designee;

e. The Secretary of the Department of Health, or their designee;

f. The Secretary of the Department of Housing and Community Development, or their designee;

g. The Secretary of the Department of Human Services, or their designee;

h. The Secretary of the Department of Information Technology, or their designee;

i. The Secretary of the Department of Public Safety and Correctional Services, or their designee;

j. The Secretary of the Department of Transportation, or their designee;

k. The Secretary of the Department of Veterans & Military Families, or their designee;

l. The Chief Procurement Officer of the State of Maryland, or their designee;

m. The Minority Business Enterprise Ombudsman, or their designee; and

n. Any other head of a department or agency accountable to the Governor as deemed necessary to serve on this Subcabinet by the Governor.

Duties. The Subcabinet shall:

a. Meet as often as the Chair deems appropriate, but no less than quarterly;

b. Study socioeconomic procurement programs in other states to identify successes and best practices;

c. Develop accountability measures for procurement forecasts, strategic plans, Procurement Review Group process, and liaison officer accountability;

d. Analyze annual performance at both the Statewide and procurement unit levels;

e. Work with OSP to implement process improvements that directly impact socioeconomic procurement businesses’ ability to fairly compete for – and navigate – State contract opportunities;

f. Identify and recommend statutory and regulatory reforms to strengthen and improve Maryland’s socioeconomic procurement programs;

g. Recommend actions to achieve necessary improvements impacting the MBE, VSBE, and SBR programs; and

h. Publish a report to the Governor by December 31st of each year on the Subcabinet’s activities, recommendations, and progress.

I. Increasing Competition in the Maryland Procurement Marketplace

To increase Maryland’s competitive marketplace and to ensure fair and reasonable procurement practices that are based on market realities, procurement officers shall conduct market research appropriate to the circumstances of the procurement, including the size and complexity of the procurement, and provide written documentation of the results of such market research. This written documentation should identify the parameters of the procurement and include an analysis of the capability of the market to meet the Unit’s requirements, whether there are enough potential suppliers to set up a competitive procurement process, and whether any aspects of the Unit’s requirements can be altered to facilitate greater competition.
Unit program officials participating in the procurement process shall allow for open communication with the vendor community, in accordance with all applicable laws, rules, and regulations, to ensure that requirements are drafted in a manner that ensures increased competition, emphasizing the importance of small and socially and economically disadvantaged-owned businesses being included in discussions regarding stated procurement needs.
OSP, in consultation with GOSBA and MDOT, is hereby directed to determine the feasibility of increasing the threshold for bond requirements on procurement contracts for construction from $100,000 to $400,000.

a. This increase in the bond threshold is intended to:

i. Make construction contracting with the State of Maryland more accessible and attractive to small businesses.

ii. Reduce barriers to entry for smaller contractors and encourage a more diverse pool of businesses to participate in State procurement opportunities; and

iii. Stimulate economic growth by allowing more businesses to compete for and secure State contracts for construction.

b. If determined feasible, GOSBA shall provide outreach and education to small businesses on how this policy change affects their ability to compete for State contracts and assist small businesses in understanding and meeting any remaining bonding requirements for procurement contracts for construction over $400,000.

c. The bond threshold shall be evaluated by OSP, in consultation with GOSBA and MDOT, every two years to assess its effectiveness in increasing socially and economically disadvantaged-owned businesses program participation in State procurement contracts, unless otherwise required by law or as a condition for funding.

d. Nothing in this section shall be construed to eliminate or reduce other necessary protections for the State in its procurement contracting processes. OSP and other relevant agencies shall ensure that appropriate risk management measures remain in place for all procurement contracts, regardless of value.

e. Beginning April 30, 2025, OSP, in coordination with GOSBA, shall publish a quarterly report to the Governor on April 30^th, July 31^st, October 31^st, and January 31^st, detailing the progress of the initiatives outlined in this section that includes which efforts have been completed and anticipated implementation timelines for incomplete efforts.

J. Strengthening Maryland’s Procurement Workforce

OSP, in consultation with DBM, is hereby directed to examine the volume and complexity of State procurements to determine how many procurement officers are required to adequately handle the volume and complexity of State procurements.
DBM, in consultation with OSP and MDOT, shall conduct a comprehensive review of all classifications that contain procurement duties, including all procurement officer classification series, to ensure that:

a. Career ladders for procurement professionals are clearly defined;

b. Procurement staff salaries and compensation are competitive relative to Maryland cities and counties, surrounding states, and the Federal government; and

c. Classifications are commensurate with duties, roles, and experience.

OSP, in consultation with MDOT, shall further establish a professional procurement officer training series with continuous learning requirements to uplift the knowledge base and support the procurement officer career field.

a. Such training shall include regular updates on policies and laws to produce more equitable outcomes in contracting and diversity in the vendor community.

b. This training shall be in addition to the Certified Maryland Procurement Officer (“CMPO”) training already required for all procurement officers.

Beginning April 30, 2025, OSP, in coordination with DBM and MDOT, shall publish a quarterly report to the Governor on April 30th, July 31st, October 31st, and January 31st, detailing the progress of the initiatives outlined in this section that includes which efforts have been completed and anticipated implementation timelines for incomplete efforts.

K. Utilization of Maryland’s Historically Black Colleges and Universities (HBCUs)

All units of state government are hereby directed to consider the capabilities and services available at Maryland’s four HBCUs – Bowie State University, Coppin State University, Morgan State University, and the University of Maryland Eastern Shore – to meet their unit’s service contract needs through interagency agreements administered by DBM.
DBM, with support from GOSBA, is hereby directed to develop a methodology for achieving or exceeding the 5% goal for utilizing Maryland’s HBCUs for interagency agreements.
DBM shall review and update the guidelines for interagency agreements to assign HBCUs as a resource to fulfill State requirements.
DBM, with support from OSP, shall develop and administer a training program for interagency agreement coordinators and procurement officers to maximize the 5% goal for utilizing HBCUs via interagency agreements and the commitment to maximize the utilization of Maryland’s HBCUs.
Beginning April 30, 2025, DBM, with support from OSP, shall publish a quarterly report to the Governor on April 30th, July 31st, October 31st, and January 31st, detailing the progress of the initiatives outlined in this section that includes which efforts have been completed and anticipated implementation timelines for incomplete efforts.

L. General Provisions

This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.
If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: December 18, 2024.

COMAR 01.01.2024.34 Reinvest Baltimore

A. Establishment.

There is hereby established a Reinvest Baltimore Program (“Reinvest Baltimore”), a collective effort between the State, Baltimore City, and local organizations to eliminate concentrations of vacant properties and blight, revitalize neighborhoods, and maximize the economic potential and quality of life for residents in Baltimore City.
The Maryland Department of Housing and Community Development’s Project C.O.R.E. (Creating Opportunities for Revitalization and Equity) Initiative to develop green space, affordable and mixed use housing, greater opportunities for “small business owners”, generate jobs, and strengthen the partnership between the City of Baltimore and the State of Maryland to create safer, healthier and more attractive spaces for families to live and put down roots in Baltimore, shall now be known as the Baltimore Vacants Reinvestment Initiative.

a. The Secretary of the Department of Housing and Community Development shall rebrand, incorporate and merge the activities of the former Project C.O.R.E. with the new Baltimore Vacants Reinvestment Initiative.

There is hereby established a Baltimore Vacants Reinvestment Council (“Council”) to coordinate State and local efforts to implement Reinvest Baltimore and provide timely and accurate information to the Governor about the programs, activities, and progress of Reinvest Baltimore.
Reinvest Baltimore shall consist of the Baltimore Vacants Reinvestment Initiative and the Baltimore Vacants Reinvestment Council.

B. Membership. The Council shall consist of the following members:

The Secretary of the Department of Housing and Community Development, or the Secretary’s designee, who shall serve as Chair;
The Commissioner of the Baltimore City Department of Housing and Community Development, or the Commissioner’s designee, who shall serve as Vice Chair;
The Secretary of the Maryland Department of Planning, or the Secretary’s designee;
The Secretary of the Maryland Department of Labor, or the Secretary’s designee;
The Executive Director of the Maryland Stadium Authority, or the Director’s designee;
The Attorney General, or the Attorney General’s designee;
The Executive Director of the Maryland Economic Development Corporation, or the Executive Director’s designee;
One (1) member of the Maryland Senate, appointed by the President of the Senate;
One (1) member of the Maryland House of Delegates, appointed by the Speaker of the House of Delegates;
Two (2) members appointed by the Baltimore City Mayor representing:

a. The Office of the Mayor; and

b. The Baltimore City Department of Finance;

One (1) member of the Baltimore City Council, appointed by the Baltimore City Council President;
Five (5) members, appointed by the Governor, with training, knowledge, or experience in real estate, community-engaged design and planning, building equitable neighborhoods, and addressing housing vacancy; and
Such other officials of executive departments and agencies as the Governor may from time to time designate.

C. Duties. The Council, led by the Secretary of the Department of Housing and Community Development, shall:

Develop a plan to obtain private, philanthropic, and federal funding to support Reinvest Baltimore;
Recommend strategies and establish community-based priorities to maximize investments, reduce vacancy and promote neighborhood renewal in Baltimore City;
Identify and address challenges related to the implementation of Reinvest Baltimore;
Gather and share information related to vacancy reduction, eliminating blight, and neighborhood renewal;
Provide recommendations on the establishment of “VacantStat,” a State and Baltimore City comprehensive and public data dashboard to measure and monitor key metrics that will combine existing resources and the information, tools, and supplements to illustrate progress on Reinvest Baltimore;
Identify opportunities for the State and Baltimore City to increase collaboration to advance Reinvest Baltimore; and
Recommend policy changes at the State and local level to promote Reinvest Baltimore.

D. Administration.

The Council shall be staffed by the Maryland Department of Housing and Community Development.
The Council may function through established or ad hoc committees or working groups.
Members appointed by the Governor shall serve at the pleasure of the Governor.
Members of the Council may not receive any compensation for their services, but may be reimbursed for their reasonable expenses incurred in the performance of duties in accordance with the State Standard Travel Regulations and as provided in the State budget.
To the extent permitted by law, all Executive Branch departments and agencies shall cooperate with the Council and provide such assistance, information, and advice to the Council as the Council may request.
The Council shall maintain transparency in its operations and is subject to the provisions of the Public Information Act and the Open Meetings Act.

E. Procedures.

The Council Chair shall:

a. Oversee and lead the implementation of this Executive Order and the work of the Council;

b. Determine the Council's agenda; and

c. Identify additional support as needed.

The Council Chair may adopt bylaws, rules, and other procedures necessary to ensure the orderly transaction of business.
A majority of the members present shall constitute a quorum for the transaction of any business of the Council.
The Council shall submit an annual report to the Governor on or before January 1, 2025, and by September 30th, each year thereafter, outlining the status of Reinvest Baltimore and any progress, challenges, and recommendations.

F. Meetings of the Council.

The Council shall meet as often as its duties require, but no less than quarterly.
The Council Chair may convene meetings of the Council and shall preside over the meetings.
The Council may establish ad hoc committees or working groups that meet in between the Council’s official quarterly meetings.

G. Duration. This Executive Order shall remain in effect until January 15, 2027, unless earlier modified or rescinded.

H. General Provisions.

This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.
If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: October 1, 2024.

COMAR 01.01.2024.33 Governor’s Subcabinet for International Affairs

(Rescinds Executive Order 01.01.2005.24)

A. Establishment. There is a Governor's Subcabinet for International Affairs (“Subcabinet”) established for the purpose of developing, evaluating and coordinating a cohesive international strategy to enhance the State's competitiveness and stature in the global marketplace and international arena.

B. Membership. The Subcabinet shall consist of:

(1) The Secretary of State;

(2) The Secretary of Commerce;

(3) The Secretary of Agriculture;

(4) The Secretary of Transportation;

(5) The Secretary of Higher Education;

(6) The Adjutant General;

(7) The Secretary of the Environment; and

(8) The Lieutenant Governor.

C. Chair. The Secretary of State shall chair the Subcabinet and is responsible for the oversight and direction of the work of the Subcabinet.

D. Administration.

(1) The Subcabinet shall be staffed by the International Affairs Division within the Office of the Secretary of State.

(2) The Governor or the Chair may establish subcommittees to carry out the work of the Subcabinet.

E. Procedures.

(1) The Subcabinet shall meet as often as its duties require, but no less than quarterly.

(2) The Subcabinet shall consult with other State departments and agencies as needed to carry out the provisions of this Executive Order.

F. Duties. The Subcabinet shall:

(1) Advise the Governor on matters of international affairs.

(2) Coordinate the State’s international activity including international cultural and educational, and economic development events, trips, and activities, and cooperate with the federal government, where necessary.

(3) Oversee the protocol functions of the State by developing and implementing a system to ensure that international protocol is adequately conducted on behalf of the State.

(4) Contribute to the economic development of the State by ensuring that all appropriate State agencies work in a cooperative, coordinated manner to plan, implement, oversee and evaluate the foreign affairs of the State.

(5) Examine the current structure and organization of Maryland's system of international affairs to develop:

a. A coordinated State international strategy that includes a procedure for identifying and assessing foreign developments that may impact the State;

b. An annual interagency plan for implementation of the State international strategy, including services and functions dealing with the international affairs of the State;

c. A consistent and clear international identity of the State by serving as the official liaison between the Governor and foreign governments and international organizations; and

d. Recommendations for programs and policies, if appropriate, to ensure that the needs and goals of the State's international strategy are met and accomplished.

(6) Develop a plan to coordinate and respond to international correspondence and requests.

(7) Perform other duties and responsibilities as assigned by the Governor.

G. Reporting. The Subcabinet shall submit a report to the Governor by January 31st each year, detailing its recommendations to support a coordinated State international strategy.

H. General Provisions.

Administrative History

Effective Date: September 30, 2024.

COMAR 01.01.2024.31 Strengthening the State of Maryland’s Resilience Strategy

A. Maryland Chief Resilience Officer and Office of Resilience. The Chief Resilience Officer (“CRO”) and the Office of Resilience (“the Office”) within the Department of Emergency Management (“the Department”) provide strategic direction and coordinate resilience efforts within State government.

(1) Responsibilities. The responsibilities of the Office include:

a. The responsibilities outlined in Maryland Code, Public Safety Article §§ 14-1201 through 1204;

b. Through the Department Secretary, providing advice and recommendations to the Executive branch and State agencies regarding the statewide resilience strategy;

c. Maintaining a list of Agency Resilience Liaisons within State government;

d. Serving as the central coordinating Office for resilience-related funding opportunities, investments, risk analysis, and plans; and

e. Maintaining a list of all resilience, climate change, hazard mitigation, or related commissions, councils, work groups, task forces, study groups, or other advisory bodies, and their missions, responsibilities, and authorities within the Executive Branch.

(2) Executive Branch Support. To be successful, the CRO and Office requires the support and cooperation of each State agency and department.

a. Each principal Executive Branch department, the Maryland Energy Administration, and the Maryland Insurance Administration shall:

i. Designate an Agency Resilience Liaison consistent with section B of this Order and provide the point of contact to the Department of Emergency Management.

ii. Provide support and advice to the Office of Resilience in developing risk-based communication for communities and residents of Maryland.

iii. Provide subject matter expertise and share data on natural hazard and climate change risks and predicted impacts to Maryland.

iv. Provide guidance to assess development patterns in sea level rise hazard zones and other climate–related risk areas.

v. Support the Office in the development and implementation of the Maryland 2-, 5-, and 10-year resilience plans, including but not limited to the following areas:

a) Developing risk-based and evidence-based strategies to mitigate natural hazard risk to housing, the environment, critical infrastructure including transportation, Maryland’s workforce, Maryland’s business owners including small, women- and minority-owned businesses, local governments including school systems, and our communities including those most vulnerable to natural hazards and those that have historically borne the brunt of natural hazards including the impacts of flooding, extreme heat, and winter storm impacts.

b) Reviewing current building code adoption across the state, evaluate the impact that building code adoption has on community resilience, jobs, property values, and tax revenues, and assess what investments may support the increased adoption of updated building codes that are responsive to climate–related risks.

c) Developing plans for resilience investments that reflect environmental justice considerations and mitigate natural hazard impacts to historically underserved communities

d) Advising on updating and implementing building codes to reflect evidence-based mitigation strategies for natural hazard risks

e) Providing subject matter expertise and guidance on resilience policy, best practices, data and evidence-based strategies which will make Maryland a more resilient State

vi. Support the Office in conducting outreach and providing technical assistance to local jurisdictions interested in developing local resilience plans by, including but not limited to:

a) Aiding municipalities in securing design grants to increase neighborhood resilience;

b) Providing guidance to assess development patterns in sea level rise hazard zones and other climate–related risk areas;

c) Developing dynamic scoring models and evaluation tools to assist with planning and capture of future impacts on different community support functions;

d) Developing consumer–focused campaigns to educate the public on the importance of resilience building to homeowners, renters, and businesses and to instruct on what consumers should consider when evaluating properties, insurance, investments, and other related topics.

vii. Provide an annual update listing all resilience, climate change, hazard mitigation, or related commissions, councils, work groups, task forces, study groups, and their missions, responsibilities, and authorities within each agency.

B. Agency Resilience Liaisons

(1) Each principal Executive Branch department, the Maryland Energy Administration, and the Maryland Insurance Administration shall designate an Agency Resilience Liaison that will:

a. Serve as the primary point of contact for resilience-related efforts for the Department or Agency;

b. Receive and promptly address inquiries, requests, or concerns related to resilience;

c. Provide regular updates to the Office regarding activities within the Department or/Agency that address Maryland’s resilience; and

d. Cooperate with and collaborate with the CRO and Office to provide subject matter expertise and Departmental/Agency perspective on resilience-related matters.

(2) The University of Maryland Center for Environmental Science, Harry R. Hughes Center for Agro-Ecology, and the Maryland Environmental Service shall cooperate, consult, and otherwise assist the CRO and ARLs.

(3) The CRO shall ensure collaboration, information sharing, and strategic guidance for the ARL program.

(4) The CRO and ARLs shall meet at least biannually to provide the CRO with advice and recommendations about State resilience policies and practices related to resilience by:

a. Evaluating current resilience strategies and investments across State government;

b. Developing comprehensive statewide, all-hazards resilience goals and implementation strategies

c. Evaluating existing commissions, councils, work groups, task forces, study groups, and their missions, responsibilities, and authorities within each agency, identifying redundancies, and making recommendations to streamline state resilience policy efforts.

d. Recommending a coordinated plan for investment of resilience-related funding which prioritizes investment for underserved and highest-risk communities for all hazards facing the State.

(5) The CRO shall determine the meeting agenda.

C. The Department shall be responsible for the implementation of this executive order.

D. Nothing in this Executive Order shall be construed to impair or otherwise affect the authority granted by law to an Executive Department or Agency.

E. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.

F. If any provision of this Executive Order is held invalid, or its application to a person, event or circumstances is held invalid by any court of competent jurisdiction, all other applications or provisions of the Executive Order shall remain in effect to the greatest extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: September 4, 2024.

COMAR 01.01.2024.30 Juvenile Grant Planning and Review Council

(Amends Executive Order 01.01.2022.06)

A. Established.

(1) There is a Juvenile Grant Planning and Review Council (the “Council”), which will serve as the State Advisory Group for purposes of the federal Juvenile Justice and Delinquency Prevention Act (the “Act”).

(2) The Council shall be within the Governor’s Office of Crime Prevention and Policy, the State Administering Agency for funds received under the Act and the agency responsible for supervising the preparation and administration of the State’s Juvenile Justice plan, annual updates to the plan, and awarded funds.

B. Procedures.

(1) Membership.

(a) The Council shall consist of not less than 15 members and not more than 33 members appointed by the Governor, consistent with the requirements of the Act.

(b) At least one-fifth of the members must be under the age of 28 at the time of appointment.

(c) At least 3 members must have been or currently be under the jurisdiction of the juvenile justice system or, if not feasible and in appropriate circumstances, the parent or guardian of someone who has been or is currently under the jurisdiction of the Juvenile Justice System, consistent with the requirements of the Act.

(2) The Executive Director of the Governor’s Office of Crime Prevention and Policy shall designate a member of the Council to serve as Chair.

(3) Terms.

(a) The term of a member is three years.

(b) The terms of members are staggered as required by the terms provided for members of the council on July 1, 2024 .

(c) A member who is appointed or reappointed after a term has begun serves only for the remainder of the term and until a successor is appointed.

(d) Terms end on June 30 of each year.

(e) At the end of a term, a member

Is eligible for reappointment, and
Continues to serve until a successor is appointed.

(4) Unless otherwise provided by law, the members of the Council shall serve at the pleasure of the Governor.

(5) A majority of the Council shall constitute a quorum for the transaction of any business.

(6) The Council may adopt such other procedures, including the creation of subcommittees and workgroups, as may be necessary to ensure the orderly transaction of business.

(7) Members appointed pursuant to §B(1)(b) and §B(1)(c) may receive stipends and expenses as deemed necessary by the majority of Council members that constitute a quorum, as provided in the State budget and in the Council’s allocation from the federal Office of Juvenile Justice and Delinquency Prevention.

(8) Members of the Council not appointed pursuant to §B(1)(b) or §B(1)(c) may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of duties, in accordance with the standard State travel regulations, as provided in the State budget, and as provided in the Council's allocation from the federal Office of Juvenile Justice and Delinquency Prevention.

C. Staffing.

(1) The Governor’s Office of Crime Prevention and Policy shall provide such staff and technical assistance to the Council as necessary and appropriate, including staff to serve as the designated Juvenile Justice Specialist required under federal law and regulations.

(2) A Compliance Monitor shall ensure compliance with federal standards regarding detention of juveniles in secure detention facilities, secure correctional facilities, non-secure facilities, secure adult lockup facilities, and court-holding facilities.

(3) A Racial and Ethnic Disparities (“R/ED”) Coordinator shall:

(a) Primarily focus on addressing R/ED within the State’s Juvenile Justice System; and

(b) Provide technical assistance as necessary and appropriate.

D. Duties and Responsibilities.

(1) The Council shall perform the functions, and have the duties and responsibilities, set forth in the Act, as amended from time to time.

(2) The Council shall be afforded the opportunity to review all Title II Formula Grant applications and make recommendations, which the Executive Director will consider when making grant awards under the Act.

(3) The Council shall advise the Governor’s Office of Crime Prevention and Policy on developing, maintaining, and expanding efforts to divert juveniles from the juvenile justice system and provide community-based alternatives to juvenile detention and correctional facilities.

(4) The Council shall advise the Compliance Monitor, R/ED Coordinator, and Juvenile Justice Specialist when necessary.

(5) The Compliance Monitor, R/ED Coordinator, and Juvenile Justice Specialist shall advise the Council of the compliance status of all monitored facilities to ensure compliance with the Act.

(6) The Council shall perform any additional duties as directed by the Executive Director of the Governor’s Office of Crime Prevention and Policy on behalf of the Governor.

E. On or before June 30 of each year, the Governor’s Office of Crime Prevention and Policy shall submit as documentation of the Council’s activities and compliance with the Juvenile Justice and Delinquency Prevention Act, its Juvenile Justice Reform Act federal grant application to the Governor and the Maryland Clearinghouse.

F. Conflicts of Interest.

(1) The Council shall acknowledge and abide by policies and procedures set forth by the Governor’s Office of Crime Prevention and Policy to guard against actual conflicts of interest or the appearance of conflicts of interest for its members when making recommendations for grant awards.

(2) The procedures shall provide that Council members may not participate in any way in consideration of, or decisions about, grants to their own organizations, organizations in which they have a financial interest, or organizations in which their family members are involved.

Administrative History

Effective Date: September 4, 2024.

Cross References

01.01.2022.06

COMAR 01.01.2024.29 Maryland 250 Commission

(Amends Executive Order 01.01.2023.10)

I. There is a Maryland 250 Commission (the “Commission”).

II. Membership.

A. The Commission shall consist of the following members:

The Lieutenant Governor;
The Secretary of Budget and Management, or the Secretary’s designee;
The Secretary of Commerce, or the Secretary’s designee;
The Secretary of General Services, or the Secretary’s designee;
The Secretary of Natural Resources, or the Secretary’s designee;
The Secretary of Planning, or the Secretary’s designee;
The Secretary of Service and Civic Innovation, or the Secretary’s designee;
The Secretary of State, or the Secretary’s designee;
The Secretary of Veterans Affairs, or the Secretary’s designee;
The State Superintendent of Schools, or the Superintendent’s designee;
The State Archivist, or the Archivist’s designee;
The State Historic Preservation Officer, or the Officer’s designee;
The Executive Director of the Governor’s Office of Community Initiatives, or the Executive Director’s designee;
The Executive Director, Maryland State Arts Council, or the Executive Director’s designee;
The Administrative Director of the Maryland Commission on Indian Affairs, or the Administrative Director’s designee;
The Executive Director of the Maryland Commission on African American History and Culture, or the Executive Director’s designee;
The Adjutant General, or the Adjutant General’s designee;
The Director of the Maryland Commission for Women, or the Director’s designee; and
Up to five members of the general public appointed by the Governor.

B. The following are invited to be, and shall be upon acceptance, members of the Commission:

Two members appointed by the President of the Maryland Senate;
Two members appointed by the Speaker of the Maryland House of Delegates;
The Executive Director of the Maryland Association of Counties, or Executive Director’s designee;
The Executive Director of the Maryland Municipal League, or Executive Director’s designee; and
Up to three members from the nonprofit community, selected from the Maryland Center for History and Culture, the Maryland Humanities Council, Preservation Maryland, or other similar organizations.

C. The Governor shall appoint the Chair and the Vice Chair of the Commission.

D. Members serve at the pleasure of the Governor.

III. The Maryland Department of Planning shall provide the Commission with resources and staff as feasible and necessary for administering and facilitating the work of the Commission.

IV. Members of the Commission may not receive any compensation for their services but may be reimbursed for their reasonable expenses incurred in the performance of duties in accordance with the State Standard Travel Regulations and as provided in the State budget.

V. The Commission shall:

A. Adopt administrative and financial procedures for the transaction of business, including, but not limited to, the establishment of advisory groups, committees, or working groups that address the themes of history, service, and civics.

B. Hold at a minimum semi-annual meetings,

At times and places to be determined by the Chair;
That are conducted in accordance with the Open Meetings Act; and
That allow for remote meetings and electronic voting.

C. Coordinate, engage, and liaise with the U.S. Semiquincentennial Commission, and other local, county, and state commissions, and private and public partner organizations.

D. Serve as the State of Maryland’s official representative for the Semiquincentennial, and all related activities, communications, and events.

E. Solicit, accept, use and dispose of donations, funds and gifts in conformance with the Public Ethics Law, to support the goals and purposes of the Commission.

F. Invite broad-based public input on the meaning, significance, and opportunities of this anniversary that will inform development of commemoration activities, programs, and events.

G. Acknowledge that the confiscation of Indigenous land and displacement of Indigenous people is central to the United States’ origin story and recognize the persistence and contributions of these communities today.

H. Honor the legacy of both free and enslaved African Americans in the making of Maryland and the nation, whose untold stories of heroism and perseverance are critical to the understanding of our shared past and present.

I. Support the identification and enhancement of cultural assets that tell the story of who we are as Marylanders and promote place-based visitor experiences for residents and visitors alike.

J. Engage youth, new Americans, and lifelong learners in programs designed to encourage the search for meaning behind America and deepen engagement in civic life.

K. Celebrate service to country and community, and create opportunities that promote social responsibility, compassion and understanding that will unite and strengthen Maryland’s diverse communities for the benefit of all.

VI. The Commission shall further:

A. Submit an Action Plan to the Governor and General Assembly by December 31, 2023, that outlines the Commission’s goals, mission, and recommendations; and

B. Produce by December 31 of each year an annual report to the Governor and General Assembly that includes an update on the Action Plan, implementation benchmarks, related deadlines and schedules, and an accounting and enumeration of all contracts, donations, and gifts.

VII. The Commission shall terminate on December 31, 2027.

Administrative History

Effective Date: September 4, 2024.

Cross References

01.01.2023.10

COMAR 01.01.2024.25 Maryland Plain Language Initiative

A. Definitions.

(1) “Plain Language” means writing that is clear, concise,

well-organized, and follows other best practices appropriate to the subject or field and intended audience.

(2) “State Agency” means a department, agency, commission, board, council, or other body of State government subject to the direction and supervision of the Governor.

(3) “Written Communication” means information on State agency websites and other written documents produced by State agencies intended for the public.

B. Establishment. There is a Maryland Plain Language Initiative, housed in the Maryland Digital Service in the Department of Information Technology.

C. Partners. The Maryland Digital Service will partner with the Department of Disabilities and the Governor’s Office of Community Initiatives to leverage their expertise for content reviews and testing with individuals with disabilities. The Chief Digital Experience Officer will work with other relevant agencies and external stakeholders as necessary to implement the Maryland Plain Language Initiative.

D. Duties. The Maryland Plain Language Initiative shall include:

(1) An assessment of the State’s capacity, needs, and resources to implement best practices in the use of plain language standards.

(2) The creation of the Maryland Plain Language Plan to enhance the accessibility of all written communication produced by State agencies, including through publishing plain language standards.

E. The Maryland Plain Language Plan shall:

(1) Include focused plain language efforts as part of any website design or redesign effort.

(2) Include plain language evaluation during discovery efforts to evaluate or improve any public facing application or system.

(3) Include recommendations to build capacity, develop resources, provide training, and conduct pilot projects.

(4) Identify plain language standards, which include the use of:

a. Everyday words that convey meanings clearly and directly;

b. Present tense and active voice;

c. Short, simple sentences;

d. Definitions of only those words that cannot be properly explained or qualified in the text; and

e. Layout and design that help the reader understand the meaning of the document, including adequate white space, bulleted lists, helpful headings, and other proven techniques.

(5) Consider the following in development:

a. Designating a plain language contact for each State agency;

b. Developing a style guide, templates, and resources for all State agencies;

c. Conducting pilot projects on written documents targeted at the public and collecting feedback to improve plain language efforts;

d. Developing a training plan so each State agency is trained about the use of plain language; and

e. Identifying available resources, including contracted services, to carry out any section of the Plan.

F. The Maryland Digital Service shall report to the Governor annually by December 31 on the State’s progress toward achieving the goals of the Maryland Plain Language Initiative.

G. All State agencies shall, in support of Maryland’s core mission to leave no one behind, implement the recommendations of the Maryland Plain Language Plan, in phases as outlined in the Plan.

H. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.

I. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: July 23, 2024.

COMAR 01.01.2024.20 Maryland Statewide Communications Interoperability

(Rescinds Executive Order 01.01.2008.07)

I. Statewide Interoperability Executive Committee (SIEC).

A. There is hereby reestablished a Statewide Interoperability Executive Committee.

B. Purpose. The purpose of the SIEC is to provide governance and policy-level advice regarding public safety emergency communications interoperability, and to promote the efficient and effective use of resources for matters related to public safety emergency communications and interoperability.

C. Membership. The SIEC consists of up to 21 members that will serve for 2-year terms, which are renewable.

Ten SIEC members will consist of the following state officials, or a senior staff member designated by the official:

a. The Secretary of the Maryland Department of Emergency Management (MDEM);

b. The Statewide Interoperability Coordinator (SWIC);

c. The Executive Director of Maryland Institute of Emergency Medical Services Systems (MIEMSS);

d. The Secretary of the Maryland Department of Information Technology (DoIT);

e. The Secretary of the Maryland Department of State Police (MSP);

f. The Secretary of the Maryland Department of Transportation (MDOT);

g. The Adjutant General of the State of Maryland;

h. The Secretary of the Maryland Department of Public Safety and Correctional Services (DPSCS);

i. The Secretary of the Maryland Department Natural Resources (DNR); and

j. The Secretary of the Maryland Department of Budget Management (DBM).

Nine additional members will be appointed by the Governor and serve at the pleasure of the Governor.

a. Each of the following six (6) entities may nominate a senior elected official or officer of the entity who has knowledge and interest in public safety communications for appointment by the Governor.

The Maryland Chiefs of Police or Sheriff’s Association;
The Maryland Fraternal Order of Police;
The Professional Firefighters of Maryland;
The Maryland State Fireman’s Association;
The Maryland Municipal League (MML); and
The Maryland Association of Counties (MACo).

b. The Governor shall also appoint, as a member of the SIEC, two appointed or elected public officials who have knowledge and interest in public safety communications to serve as:

One representative for Maryland communities with a population of less than 200,000; and
One representative for Maryland communities with a population of more than 200,000.

c. The Governor shall designate a representative of the Office of the Governor to serve as a member of the SIEC.

The President of the Senate shall appoint one member of the Senate to serve as a member of the SIEC. The member shall serve at the pleasure of the President for up to two consecutive 2-year terms.
The Speaker of the House shall appoint one member of the House of Delegates as a member of the SIEC. The member shall serve at the pleasure of the Speaker for up to two consecutive 2-year terms.

D. The Chair and Vice-Chair.

The Chair of the SIEC is the Secretary of MDEM.
The Vice-Chair is the SWIC.

E. Meetings.

The SIEC shall meet at the call of the Chair, at a minimum of twice per year.
The SIEC and its work groups and subcommittees shall endeavor to make decisions by consensus.
A majority of the SIEC, or any work group or subcommittee of the SIEC, as applicable, constitutes a quorum for the transaction of any business.
The SIEC may adopt any procedures and by-laws necessary to ensure the orderly transaction of business.
The State agencies represented on the SIEC shall provide needed administrative and operational support to the SIEC.

F. Function.

Develop, promote and facilitate a statewide vision for interoperable communications;
Recommend and promote standards for public safety communications;
Promote cooperation among State, federal and local public safety agencies in addressing Statewide communications interoperability needs;
Recommend priorities for Statewide interoperability funding;
Assist in the development of projects, plans, policies, standards, priorities, and guidelines for both voice and data interoperability;
Review and identify wireless spectrum needs, with the goal of accommodating all users;
In cooperation with the SWIC, provide advice on the development of a Statewide interoperable radio and data communications system;
Identify and promote the best practices of other states and localities;
Serve as a central coordination point for local, State, regional and national interoperability matters;
Provide recommendations to the Governor and the General Assembly concerning issues related to public safety communications;
Approve, and update (as frequently as needed and at least annually) Maryland’s Statewide Communications Interoperability Plan (SCIP); and
Perform any other duties that may be requested by the Governor.

G. Administration.

The SIEC may designate work groups and subcommittees consistent with the needs of the SIEC.
Members of the SIEC and its subcommittees and work groups shall serve without compensation for their services, but they may receive reimbursement for reasonable expense incurred in the performance of their duties in accordance with the Standard State Travel Regulations and as provided in the State budget.
All State departments, agencies, commissions, and boards are directed to cooperate with the SWIC and the SIEC in implementing the provisions of this Executive Order.
Reasonable accommodations shall be made for qualified SIEC members with a disability unless the accommodation would impose an undue hardship.

II. Statewide Interoperability Coordinator (SWIC).

A. There is hereby established a SWIC in MDEM

B. The SWIC shall report to, and be supervised by, the Secretary of MDEM.

C. The SWIC’s primary function is to:

Plan and assist with implementing the recommendations of the

SEIC.

Develop the SCIP which shall be guided by initiatives outlined in the National Emergency Communications Plan (NECP); and
Coordinate interstate, intrastate, and regional public safety

emergency communications interoperability.

D. Duties. The SWIC shall also:

Direct, manage, and implement all aspects of the SCIP.

a. The SCIP provides essential governance, goals, and initiatives of emergency communications that are essential to improving daily operations and disaster response.

b. The SCIP shall be reviewed annually by the SIEC and updated to ensure efficient emergency communications between State, local and federal communications systems.

Consult with outside experts, including but not limited to, private sector, organized labor, government agencies, non-governmental organizations, and institutions of higher education as education as needed to properly implement the SCIP.
Ensure that all communications-related federal grant requests are reviewed and used to enhance emergency communications interoperability; such grant requests must be approved by the SWIC.

III. Each Executive Department and Agency is hereby required, to the extent not inconsistent with law, to cooperate fully with the SIEC and the SWIC, and to furnish such assistance - including data, reports, or other information and assistance - on as timely a basis as is necessary to accomplish the purpose of the Executive Order.

IV. Nothing in this Executive Order shall be construed to impair or otherwise affect the authority granted by law to an Executive Department or Agency.

V. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.

VI. If any provision of this Executive Order is held invalid, or its application to a person, event or circumstances is held invalid by any court of competent jurisdiction, all other applications or provisions of the Executive Order shall remain in effect to the greatest extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: June 18, 2024.

COMAR 01.01.2024.19 Leadership by State Government: Implementing Maryland’s Climate Pollution Reduction Plan

A. Definitions.

“Climate Implementation Plan” means a document outlining the steps a State agency will take to implement the Climate Solutions Now Act of 2022 and Maryland’s Climate Pollution Reduction Plan, and the time, personnel and funding it will take to implement both.
“Consolidated Transportation Program” means Maryland’s six-year capital budget for transportation projects and programs across the Maryland Department of Transportation.
“Justice40 Initiative” means the federal government’s effort to deliver at least 40% of the overall benefits from certain federal investments to disadvantaged communities.
“National Electric Vehicle Infrastructure (“NEVI”) Formula Program” means the U.S. Department of Transportation’s Federal Highway Administration’s NEVI Formula Program that provides funding to states to strategically deploy electric vehicle charging stations and establish an interconnected network to facilitate data collection, access, and reliability.
“Regional Greenhouse Gas Initiative” means the cooperative, market-based effort among the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont to cap and reduce CO2 emissions from the power sector.
“State Agency” means a department, agency, commission, board, council, or other body of State government subject to the direction and supervision of the Governor.
“Zero-Emission Vehicle Infrastructure Plan” means the plan to address zero-emission vehicles (“ZEV”) infrastructure holistically by building upon NEVI and incorporating other initiatives, such as discretionary grants, other state programs, and private investments to maximize ZEV infrastructure deployment across Maryland.

B. Whole-of-Government Approach to Climate Change.

Every State agency shall:

a. Work to address climate change and ensure a just transition to a clean economy;

b. Advance environmental justice by working to address the disproportionate impacts of climate change for underserved and overburdened communities, including the application of Justice40 goals, initiatives, and funding;

c. Equitably implement all existing laws, regulations, and policies related to climate change, incorporating robust community and stakeholder engagement; and

d. Continue to maximize federal funding opportunities on climate.

By November 1, 2024, every State agency shall consult the Secretary of the Maryland Department of the Environment and submit a Climate Implementation Plan (“CIP”) to the Governor. Each State agency’s CIP, shall include, at a minimum:

a. The steps, time and resources needed to implement all required actions in Maryland’s Climate Pollution Reduction Plan that are within the agency’s purview, including their top priorities for the upcoming year;

b. The current funding, including State, federal, or additional funding, that can be directed or redirected, toward accomplishing the actions in the agency’s CIP, the outcomes that can be achieved with current funding, and the anticipated gap, if any, between the current funding and the total resources required to implement the agency’s CIP;

c. The potential outcomes of the investment over time, including health benefits, job creation, and energy costs; and

d. How the State agency will advance environmental justice by working to address the disproportionate impacts of climate change for underserved and overburdened communities.

C. Immediate Action to Implement the Climate Pollution Reduction Plan.

Every State agency shall take immediate action to implement the near-term measures in the Climate Pollution Reduction Plan.
The Maryland Department of the Environment shall:

a. Propose a zero-emission heating equipment standard regulation that will phase-in zero-emissions standards for heating equipment to reduce carbon pollution and improve air quality inside homes and the ambient air;

b. Propose a clean heat standard regulation to expand Maryland’s Renewable Portfolio Standard to the thermal energy system, mobilizing investment in clean heat solutions for homes and businesses; and

c. Propose a plan to modify the Regional Greenhouse Gas Initiative (“RGGI”) by working with RGGI states to establish a new regional cap for carbon dioxide emissions for power plants that is aligned with Maryland’s and partner states’ 100% clean energy goals.

The Maryland Department of Transportation shall:

a. Revise and upgrade the Zero-Emission Vehicle Infrastructure Plan to include implementation of the National Electric Vehicle Infrastructure Formula Program, pursuant to the Bipartisan Infrastructure Law, and a new multi-agency strategy to build out Maryland’s vehicle charging infrastructure;

b. Develop and implement a process for evaluating and reducing greenhouse gas emissions attributable to transportation projects as part of the Maryland Consolidated Transportation Program;

c. Implement the Consolidated Transportation Program, including investing in new infrastructure programs, where feasible, and projects to reduce vehicle miles traveled and enhance transportation choices in Maryland;

d. Establish specific annual greenhouse gas and vehicle miles traveled reduction targets for the transportation sector; and

e. Implement the Maryland Department of Transportation’s Carbon Reduction Strategy.

The Maryland Energy Administration shall:

a. Establish a framework for a clean energy standard to achieve 100% clean electricity in Maryland by 2035, and determine if all or part of the proposed clean energy standard can be implemented through existing authority.

At the request of the Governor’s Subcabinet on Climate, State agencies shall provide updates on agency efforts to implement the Climate Pollution Reduction Plan and develop State agency CIPs.

D. Governor’s Subcabinet on Climate.

Establishment. There is a Governor's Subcabinet on Climate, a committee of the Governor's Executive Council convening on a regular basis to address climate change and coordinate State agency efforts to reduce greenhouse gas emissions, in accordance with Maryland’s Climate Pollution Reduction Plan.
Membership. The Subcabinet on Climate shall consist of the following members:

a. The Secretary of the Maryland Department of the Environment, who shall serve as Chair of the Subcabinet;

b. The Governor’s Chief Sustainability Officer, who shall serve as vice-chair of the Subcabinet;

c. The Secretary of the Maryland Department of Natural Resources;

d. The Secretary of the Maryland Department of Transportation;

e. The Secretary of the Maryland Department of Agriculture;

f. The Secretary of the Maryland Department of Housing and Community Development;

g. The Secretary of the Maryland Department of Health;

h. The Secretary of the Maryland Department of Emergency Management;

i. The Secretary of the Maryland Department of Planning;

j. The Secretary of the Maryland Department of General Services;

k. The Secretary of the Maryland Department of Budget and Management;

l. The Director of the Maryland Energy Administration;

m. The Governor’s Chief Resilience Officer; and

n. Such other officials of executive departments and agencies as the Governor may from time to time designate.

Reporting. The Subcabinet, led by the Maryland Department of the Environment, shall submit a report to the Governor on or before December 1, 2024, and annually by December 1st each year thereafter, detailing the progress of implementing Maryland’s Climate Pollution Reduction Plan and the State agency CIPs. The Subcabinet’s annual reports shall be made available to the public.
Federal Funding. The Subcabinet, led by the Governor’s Chief Sustainability Officer, shall pursue federal funding opportunities for state climate programs and ensure application of Justice40 through federal funds. An update on federal funding shall be included in the Subcabinet’s annual reports.

E. General Provisions.

This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.
If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: June 4, 2024.

COMAR 01.01.2024.18 Re-establishing the Joint Enforcement Task Force on Workplace Fraud

(Amends Executive Order 01.01.2023.19)

Procurement Guidelines: Authorizing Project Labor Agreements for Large-Scale Public Work Contracts and Promoting Apprenticeship Agreements and Community Hiring)

A. Scope. These guidelines apply to any State department, agency, authority, board, or instrumentality, within the executive branch of the Maryland State Government, that is under the control of the Governor.

B. Definitions. The following words have the meanings indicated:

“Community Benefit Agreement” means a contract signed by one or more recognized community association(s) and a labor organization that requires the labor organization to provide specific amenities, mitigations, economic impacts, local workforce training guarantees and/or other benefits in exchange for community support of a project.
“Construction” means the (1) process of building, altering, improving, or demolishing an improvement to real property and (2) includes any major work necessary to repair, prevent damage to, or sustain existing components of an improvement to real property, as defined in Md. Code Ann., State Fin. & Proc. § 11-101(f)(1)-(2).
“Labor Organization” means a labor organization as defined in Md. Code Ann., State Gov't § 20-601(i)(1)-(2) of which building and construction employees are members.
“Large-scale public work contract” means a contract for construction of a public work, as defined in Md. Code Ann., State Fin. & Proc. § 17-201(k), for which the total monies committed by the State, including direct funding, issuance of bonds, and tax increment financing is $20 million or more. Receipt of federal funding or reimbursement may be included where in the best interests of the State .
“Project Labor Agreement” is a pre-hire collective bargaining agreement between the successful bidder on a large-scale public work contract and one or more labor organizations that establishes terms and conditions of employment for all crafts performing work on a specific construction project.
“Recognized Community Association” means a community group located in an area impacted by the large-scale public work contract that is organized collectively around particular interests for the purpose of addressing issues and interests common to that community.
“Registered Apprenticeship Program” means a program that is registered with, and approved by, the U.S. Department of Labor or the Maryland Department of Labor, evidenced by a certificate of registration or other appropriate document as meeting the apprenticeship standards.
“Socioeconomic Procurement Programs” refer collectively to the State’s Minority Business Enterprise Program; Veteran-owned Small Business Enterprise Program; and Small Business Reserve Program.
“Socioeconomic Procurement Program Goals” refer to the State’s goals of directing 29% of all procurement expenditures towards certified Minority Business Enterprise firms and 1% towards certified Veteran-Owned Small Business Enterprise firms.
“Unit of State government” means an agency or unit of the Executive Branch of State government.

Authorizing Project Labor Agreements for Large-Scale Public Work Contracts

C. A unit of State government shall consider either (1) requiring the use of a project labor agreement or (2) including the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract that meets the criteria established in this Order.

D. The decision to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract shall be made on a project-by-project basis.

E. The decision to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract shall be made only where such an agreement will advance the State’s interest in cost-effectiveness, efficiency, quality, health, safety, timeliness, employing a skilled labor force, and producing labor stability.

F. In making the decision whether to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract, the following factors must be considered:

The potential for labor disruptions, such as strikes, lockouts, or slowdowns, which could affect completion of the project;
The number of trades and crafts anticipated to be used on the project;
The need and urgency of the project and the harm to the public if completion of the project is delayed;
The size and complexity of the project;
The funding sources for the project and whether the project includes federal funds;
The impact on project costs, if any, and the State’s obligation to encourage maximum practicable competition favoring open competitive bidding during the procurement process;
The impact on the State’s socioeconomic policies, including the policy to advance women and minority-owned businesses and their ability to compete.

G. With respect to the decision to require the use of a project labor agreement or to include the use of a project labor agreement as an evaluation factor in connection with a large scale public work contract:

The decision shall be supported by written findings that clearly demonstrate how the use of a project labor agreement will benefit the project and the interests of the public and the State from a cost-effective, efficiency, quality, safety and timeliness standpoint; and notice of the decision shall be provided in the solicitation issued for the project.
In a multi-phase design build or progressive design build public work contract, the written findings supporting the use of a project labor agreement or inclusion of a project labor agreement as an evaluation factor are not required until the build/construction phase of the project; and notification of the fact that a project labor agreement may be used or included as an evaluation factor in the build/construction phase shall be provided in the initial solicitation issued for the project.

Requirements for Project Labor Agreements

H. Any project labor agreement reached pursuant to this Order shall:

Bind all contractors and subcontractors on the construction project through the inclusion of appropriate bid specifications in all relevant solicitation provisions and contract documents;
Allow all union and non-union contractors, subcontractors, and material suppliers who agree to abide by the terms of the project labor agreement to compete for work to be performed and materials to be provided without regard to whether they are otherwise parties to collective bargaining agreements;
Contain guarantees against strikes, lockouts, slowdowns, or other similar disruptions;
Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising before the work is completed;
Guarantee equal opportunities in employment and prohibit discrimination in recruiting, interviewing, hiring, upgrading, setting work conditions, or discharging employees or workers as required by federal and State law;
Demonstrate access to a reliable supply of properly trained labor personnel who possess the requisite skill and safety training to ensure successful project delivery;
Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality or work, safety, and health;
Outline a diversity plan that details efforts and commitments to conduct outreach and recruitment for employment and apprenticeship positions in the large-scale public work contract for minority group members, members of disadvantaged communities, and women; and
Outline a plan that details how expenditures for the large-scale public work contract will support the State’s Socioeconomic Procurement Program Goals.
Fully conform to all State and federal statutes, regulations, and executive orders.

Incorporating Community Benefit Agreements

I. If a unit of State government decides to require the use of a project labor agreement in connection with a large-scale public work contract, the State unit shall consider requiring bidders to incorporate a community benefit agreement for appropriate projects.

Project Labor Agreements Not Required

J. This Order does not require a unit of State government to use or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract.

K. This Order does not promote the selection of any union, trade council, or labor organization.

Apprenticeship Programs for Public Projects and Public-Private Partnerships

L. A unit of State government shall consider whether it is in the best interest of the State to use contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership.

M. The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership shall be made on a project-by-project basis.

N. The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership shall be made only where such an agreement will advance the State’s interest in cost-effectiveness, efficiency, quality, health, safety, timeliness, employing a skilled labor force, and producing labor stability.

O. In making the decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership, the unit of State government shall consider the totality of the circumstances, including the following factors:

The number of trades and crafts anticipated to be used on the project;
The need and urgency of the project and the harm to the public if completion of the project is delayed;
The size and complexity of the project;
The impact on project costs, if any, and the State’s obligation to encourage maximum practicable competition favoring open competitive bidding during the procurement process;
The impact on the State’s socioeconomic procurement program policies, including the policy to advance women and minority-owned businesses and their ability to compete; and
The impact on workforce development and construction and the potential for generating skills training and employment opportunities for state residents.

P. The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership as an evaluation factor in connection with a large-scale public work contract [shall be made prior to selecting the method of contracting for the project or partnership and] shall be supported by written findings that set forth the justification.

Q. For public projects or public-private partnerships where the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing will be required or encouraged, applicable procurement documents shall clearly:

Specify whether such qualifications are mandatory or will be used as an evaluation factor in awarding the contract; and
State any applicable apprenticeship utilization targets or thresholds that will be considered in the determination.

R. The Maryland Department of Labor shall determine whether a proffered apprenticeship program is in compliance with applicable program requirements before the contracting agency makes a decision.

S. A successful bidder shall demonstrate how the bidder will have access to the reliable supply of properly trained labor personnel who possess the requisite skill and safety training to ensure successful delivery through either sponsoring an apprenticeship program that will supply apprentices to the project or reaching an agreement with an entity that operates a registered apprenticeship program that will ensure such supply.

T. The bidder’s fulfillment of the requirements under section (S) of this Order must be approved by the State unit overseeing the project.

Community Hiring in High Unemployment Areas

U. On public projects or public-private partnerships with projected costs exceeding $5 million, a unit of State government shall consider whether all or a substantial part of the project is within an area of higher than average unemployment and, if so, whether it is in the best interest of the State to weigh as a factor in the procurement or public notice of solicitation whether a bidder voluntarily submits a community hiring, training, and/or outreach plan for high unemployment areas.

In a multi-phase design build or progressive design build public work contract, the consideration of community hiring, training, and/or outreach plan for high unemployment areas is not required until the build/construction phase of the project.

V. If a unit of State government determines based on the totality of the circumstances, that it is in the best interests of the State to encourage the voluntary submission of a community hiring, training and/or outreach plan on a public project or public-private partnership, the decision shall be accompanied by the following:

A written finding that sets forth the reasons supporting the decision
A definition of “high unemployment area” and delineation of that area for purposes of the procurement or public notice of solicitation; and
An explanation of how the proffer of a community hiring, training, and/or outreach plan will be evaluated and weighed in the procurement or public notice of solicitation.

General Provisions

W. The guidelines contained in this Executive Order do not constitute or create an express or implied contract. It is not intended to, and does not, create contractual obligations with respect to any matter it covers.

X. Nothing in this Executive Order shall preclude a unit of State government from considering either (1) requiring the use of a project labor agreement or (2) including the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract where the State commitment is below $20 million.

Y. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.

Z. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective date: May 31, 2024

Cross References

01.01.2023.19

COMAR 01.01.2024.15 Maryland Outdoor Learning Partnership

A. Establishment. There is a Maryland environmental literacy and access to nature initiative titled the Maryland Outdoor Learning Partnership (“Partnership”).

B. Mission. The mission of the Partnership is to empower all of Maryland’s youth to grow as environmental stewards that access, conserve, and restore our natural resources to ensure a climate-ready Maryland.

C. Membership. The Partnership shall include representatives from State agencies and other partners providing for a well-rounded stakeholder group.

(1) The following State agencies shall assign a representative to participate in the Partnership to advise and implement actions in their areas of responsibility:

(a) Department of Natural Resources;

(b) State Department of Education;

(d) Maryland Higher Education Commission;

(e) Department of the Environment;

(f) Department of Planning;

(g) Department of Health;

(h) Department of Transportation;

(i) Maryland Energy Administration; and

(j) Department of Service and Civic Innovation.

(2) The following stakeholders are invited to be, and shall be upon their acceptance, members of the Partnership:

(a) Alice Ferguson Foundation;

(b) Chesapeake Audubon Society;

(d) Chesapeake Bay Foundation;

(e) Living Classrooms Foundation;

(f) Maryland Agricultural Education Foundation;

(g) Maryland Association for Environmental and Outdoor Education;

(h) Maryland Recreation and Parks Association;

(i) National Aquarium;

(j) National Oceanic and Atmospheric Administration;

(k) National Wildlife Federation;

(l) Smithsonian Environmental Research Center;

(m) Sultana Education Foundation;

(n) United States Fish and Wildlife Service;

(o) Three representatives of non-profit organizations dedicated to environmental education;

(p) One representative of a Parent Teacher Organization;

(q) Two representatives of local governments that have demonstrated leadership in sustainable development practices;

(r) Two representatives (teacher or principal) serving from an outdoor school, Maryland Green School, Maryland Green Ribbon School, or school with a focus on environmental education;

(s) One district environmental literacy supervisor or coordinator;

(t) One district sustainability supervisor or coordinator;

(u) One school Superintendent;

(v) One environmental education teacher;

(w) Two representatives of youth-based organizations; and

(x) Two representatives of the business community with demonstrated leadership in supporting the green or sustainable workforce.

(3) The Governor, in their discretion, may appoint additional members to the Partnership.

D. Procedures.

(1) Chair. The Partnership shall be co-chaired by the Secretary of Natural Resources, or the Secretary’s designee, and the State Superintendent of Schools, or the Superintendent’s designee.

(2) Staff Coordination. The Department of Natural Resources shall provide staff support for the Partnership in coordination with the State Department of Education, other State agencies, and other partners as directed by the Co-Chairs.

(3) Working Groups. The Partnership shall be supported by working groups, to be established by the Co-Chairs, to lead the major tasks identified under this Executive Order.

(4) Meetings.

(a) The Partnership shall meet monthly to advance the mission of the Partnership.

(b) The Partnership Co-Chairs shall preside over the meetings.

(c) The Partnership Co-Chairs shall convene and preside over an annual meeting, to include at least one student representative from a K-12 institution, to review the status of the work as described in the annual report.

(5) Procedures. The Co-Chairs may adopt procedures and by-laws necessary to ensure the orderly transaction of business.

E. Responsibilities. In order for Maryland’s youth to meaningfully access the environment and to grow as environmentally literate stewards that access nature and are equipped with skills that empower them to take action to conserve and restore Maryland’s natural resources, the Partnership shall:

(1) Conduct a review of current environmental and climate change education efforts in Maryland;

(2) Foster collaboration, coordinate resources, and deliver recommendations to decision makers in order to equitably ensure that:

(a) Every Maryland student has access to environmental and climate education;

(b) Maryland’s students have the knowledge and skills needed for success in college and the growing green workforce;

(d) Maryland’s Local Education Agencies lessen the environmental impact of their school buildings and grounds on their local watersheds; and

(e) Maryland’s teachers have the funds, training, and support necessary to implement curriculum to support student achievement of the Environmental Literacy Standards, the Next Generation Science Standards, the Maryland Health Education Standards, Social Studies Standards, and other State standards of education as they relate to environmental literacy;

(3) Engage with networks to ensure that environmental education is equitably implemented and sustainably funded across Maryland;

(4) Support state leadership in the implementation and tracking of relevant Chesapeake Bay Program priorities; and

(5) Report to and advise the Governor on the status of the Partnership’s work and provide an annual report by January 30th on the prior year’s progress.

Administrative History

Effective Date: April 22, 2024.

COMAR 01.01.2024.08 Maryland Economic Council

(Amends Executive Order 01.01.2023.09)

A. Establishment. There is hereby established a Maryland Economic Council (“Council”).

B. Membership. The Council shall consist of the following members:

(1) The Lieutenant Governor or the Lieutenant Governor’s designee;

(2) The Secretary of Budget & Management or the Secretary’s designee;

(3) The Secretary of Commerce or the Secretary’s designee;

(4) The Chief Data Officer or the Chief Data Officer’s designee;

(5) The Secretary of Labor or the Secretary’s designee;

(6) The Comptroller of Maryland, or the Comptroller’s Designee ;

(7) No fewer than five (5) and no more than fifteen (15) members, appointed by the Governor, with training, knowledge, and experience in analyzing and interpreting economic data, developments and trends, appraising programs and activities of the government, recommending economic policy in light of the international, national and State macroeconomic environment, and proposing strategies to build a more equitable economy; and

(8) Such other officials of executive departments and agencies as the Governor may from time to time designate.

C. Chair. The Governor shall appoint the Chair from among the members. The Chair shall serve at the pleasure of the Governor.

D. Meetings of the Council.

(1) The Council shall meet as often as its duties require, but no less than quarterly.

(2) The Council Chair may convene meetings of the Council and shall preside over the meetings.

E. Functions. The principal functions of the Council are to provide economic policy advice and recommendations to the Governor by:

(1) Identifying and tracking the underlying economic factors impacting the macroeconomic environment (such as interest rates, systematic risks in the banking system, disruptions to the global supply chain, gross domestic product, unemployment rates, and inflation);

(2) Analyzing the projected impacts of State policy issues, such as tax policy and specific investment proposals, on the competitiveness of the State’s economy and strengthening key economic metrics;

(3) Evaluating the State’s current economic development policies and activities to identify additional techniques to foster greater economic and business development and support commerce;

(4) Examining existing economic policy instrumentalities, boards and commissions within the State (including, but not limited to, the Maryland Economic Development Corporation (MEDCO), Maryland Technology Development Corporation (TEDCO), and Maryland Economic Development Commission (MEDC)), develop a plan to coordinate each entity’s distinct mandates, and identify potential areas for collaboration to meet desired goals;

(5) Reviewing current economic policies through an equitable lens to ensure fairness and help eliminate the racial wealth gap; and,

(6) Assessing and highlighting the economic and competitive impact of Maryland’s commitment to policies of inclusivity, openness, and diversity.

F. Administration.

(1) The Council may function through established or ad hoc committees.

(2) The Council shall be staffed by the Maryland Department of Commerce. The Council shall have such staff and other assistance as may be necessary to carry out the provisions of this order.

(3) All executive departments and agencies shall cooperate with the Council and provide such assistance, information, and advice to the Council as the Council may request, to the extent permitted by law.

G. Procedures.

(1) The Council Chair shall:

a. Oversee the implementation of this Executive Order and the work of the Council;

b. Determine the Council’s agenda; and

c. Identify additional support as needed.

(2) The Council Chair may adopt bylaws, rules, and other procedures necessary to ensure the orderly transaction of business.

(3) A majority of the members present shall constitute a quorum for the transaction of any business of the Council.

(4) The Council shall submit an annual report to the Governor on or before January 1, 2024, and by October 1^st each year thereafter, outlining the current economic conditions impacting the macroeconomic environment, evaluating their impact on Maryland’s economy, and recommending courses of action consistent with its’ duties under section E of this order.

H. Duration. This Executive Order shall remain in effect until January 20, 2027, unless earlier modified or rescinded by the Governor.

I. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.

J. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: January 25, 2024.

COMAR 01.01.2024.06 Reorganization of State Government Establishing the Governor’s Office for Children and Governor’s Office of Crime Prevention and Policy

AN EXECUTIVE ORDER PURSUANT TO ARTICLE II, SECTION 24 OF THE CONSTITUTION OF MARYLAND

AN EXECUTIVE ORDER concerning

Reorganization of State Government

Establishing the Governor’s Office for Children and Governor’s Office of Crime Prevention and Policy

FOR the purpose of renaming the Governor’s Office of Crime Prevention, Youth, and Victim Services to be the Governor’s Office of Crime Prevention and Policy; renaming the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth and Victim Services to be the Governor’s Office for Children; providing that the Governor’s Office of Crime Prevention and Policy shall be the successor to the Governor’s Office of Crime Prevention, Youth, and Victim Services; providing that the Governor’s Office for Children shall be the successor to the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services; providing that certain employees transferred as a result of this Act shall be transferred without diminution of certain rights, benefits, or employment or retirement status; providing for the continuity of certain transactions affected by or flowing from this Act; providing for the continuity of certain laws, rules, and regulations, standards and guidelines, policies, orders, and other directives, permits and licenses, applications, forms, plans, memberships, contracts, property, investigations, and administrative and judicial responsibilities; providing for appropriate transitional provisions relating to the continuity of certain boards and other units; providing that certain property, records, fixtures, appropriations, credits, assets, liabilities, obligations, rights, and privileges are transferred to the Governor’s Office of Crime Prevention and Policy and the Governor’s Office for Children; providing for the continuity of certain contracts, agreements, grants, or other obligations; requiring the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, to correct any cross-references or terminology rendered incorrect by this Executive Order and to describe any corrections made in an editor’s note following the section affected; and generally relating to the establishment of the Governor’s Office of Crime Prevention and Policy and the Governor’s Office for Children.

BY repealing and reenacting, with amendments

Article - Business Regulation

Section 15-210(a)(1)

Annotated Code of Maryland

(2015 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, with amendments

Article - Correctional Services

Section 3-518(a)(9), 9-603(a)(2)(i), and (j), and (k), 9-614(b)

Annotated Code of Maryland

(2017 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, with amendments

Article - Courts and Judicial Proceedings

Section 3-1510(a)(5) and (h), 10-924(b)(2) and (c)

Annotated Code of Maryland

(2020 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, with amendments

Article - Criminal Procedure

Section 2-404, 10-208(a)(4), 10-209(b) and (e), 11-801(f), 11-804(a), 11-910(d), 11-911, 11-914(6), 11-919(b) and (c)(1), 11-923(c)(1), (d), (e), and (g), 11-926.1(a)(1) and (3)(ii), (b)(1), and (c), 11-927(d)(2)(ix)2., 11-928(a), (c), (d)(1), (e)(1), and (f), 11-934(b)(1), (c)(1) and (3), (d), (e), and (g), 11-1006(c)(1), (d), (e), and (g), 11-1008(b)(3) and (e), 11-1101(c), 11-1102(a) and (b)(4), 12-403(d)(2), 12-601, 12-602(e)(2), (f), and (g)(1)(i) and (2), 17-105(a)

Annotated Code of Maryland

(2018 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, with amendments

Article - Education

Section 8-417(b)(2) and 9.5-203(a)(6)

Annotated Code of Maryland

(2022 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, with amendments

Article - Family Law

Section 4-501(h), 4-503(a)(1), 4-512(a)(5) and (h), 4-515(a)(1) and (c)(2), 5-704.4(a)(3) and (f), 5-1102(a)(3) and 5-1103(a)(3)

Annotated Code of Maryland

(2019 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, with amendments

Article - Health General

Section 5-703(a)(7), 7.5-303(a)(1)(xi) and (xii), 13-1504(a)(1)(ix), 13-4202(a) and (d)(1), 13-4401(a)(1), 13-4502(b)(7), (8), and (9), 13-4803(a)(13), (16), and (17), 15-139(d)(1), 24-904(b)(3)

Annotated Code of Maryland

(2023 Replacement Volume)

BY repealing and reenacting, with amendments

Article - Health Occupations

Section 20-101(l)(2)(ii)

Annotated Code of Maryland

(2019 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, with amendments

Article - Housing and Community Development

Section 4-2103(a)(13)(i)

Annotated Code of Maryland

(2019 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, with amendments

Article - Human Services

Section 1-210(3), 6-604(a)(6), 7-128(12) and (16), 8-101(b), (g) through (s), 8-306(a)(1), 8-402(a)(1), 8-508, 8-704(c) through (e), 8-705, 8-1301(b)(13) through (15), 8-1304(a)(10) through (12), 8-1307

Annotated Code of Maryland

(2019 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, with amendments

Article - Public Safety

Section 1-401(b)(9), 2-315(c)(7), 2-514(a) and (b), 3-207(a)(18), (h), and (k)(2), 3-501.1(c), 3-507(b) through (e), 3-508(a)(4), 3-514(b)(3), 3-522(b)(1) and (3), (c)(2)(ii), (iv) and (3)(i), 3-525(b), (c), (d)(2)(i), (e), (f)(1) and (3), 3-528(c) through (e), 3-530(a) and (c), 4-101(b), 4-401(d), 4-501(e), 4-601(b), 4-701(c), 4-703(f), 4-901(e), 4-903(a), 4-906(c)(2), 4-907(d), 4-1008(2), 4-1009(a) and (c)(1) and (2), 4-1011(c)(1), 4-1012(a)(2) and (d), 4-1101(c), 4-1201, 14-1301(b), 4-1401(b), 4-1502(a), 4-1503(2), 4-1601(d), 5-502(a), (b)(2)(iv), and (f)

Annotated Code of Maryland

(2022 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, with amendments

Article - State Finance and Procurement

Section 2-209(c)(1)(xiii)

Annotated Code of Maryland

(2021 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, with amendments

Article - State Government

Section 2-1261(d), 6-401(d), 6-404(9), 6-406(a), 9-2701(c)(1)(iv), 9-3201(c), 9-3202, 9-3206, 9-3207(e)(2), 9-3209(b)(4), 9-3211(g), 9-3601, 10-1503(b)(22)

Annotated Code of Maryland

(2021 Replacement Volume and 2023 Supplement)

BY adding

Article - State Government

Section 9-3701

Annotated Code of Maryland

(2021 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, with amendments

Article - State Personnel and Pensions

Section 29-304(16), (20), (21), and (22)

Annotated Code of Maryland

(2015 Replacement Volume and 2023 Supplement)

BY repealing and reenacting, with amendments

Article - Transportation

Section 12-206.1(b)(1)(ii) and (e), and 25-113(a)(5) and (f)(1)(iv)

Annotated Code of Maryland

(2020 Replacement Volume and 2023 Supplement)

SECTION 1. BE IT ORDERED BY THE GOVERNOR OF MARYLAND, pursuant to Article II, Section 24, of the Constitution of Maryland, that the Laws of Maryland read as follows:

Article – Business Regulation

COMAR 01.01.2024 15-210.

(a)(1) The [ Governor’s Office of Crime Prevention, Youth, and Victim Services ] Governor’s Office of Crime Prevention and Policy and the Department shall approve educational training programs for the accurate and prompt identification and reporting of suspected human trafficking.

(1) The [ Governor’s Office of Crime Prevention, Youth, and Victim Services ] Governor’s Office of Crime Prevention and Policy and the Department shall approve educational training programs for the accurate and prompt identification and reporting of suspected human trafficking.

Article – Correctional Services

COMAR 01.01.2024 3-518.

(a) The Management Council consists of the following 15 members:

(9) a representative of the [ Governor’s Office of Crime Prevention, Youth, and Victim Services ] Governor’s Office of Crime Prevention and Policy , appointed by the Governor;

COMAR 01.01.2024 9-603.

(a)(2)(i) The [ Governor’s Office of Crime Prevention, Youth, and Victim Services ] Governor’s Office of Crime Prevention and Policy , the Maryland Department of Health, and the Maryland Correctional Administrators Association shall evaluate the implementation of the requirements of this section and determine a schedule to add additional counties, provided that the provisions of this section shall apply to all local detention centers and the Baltimore Pre-trial Complex by January 2023.

(2)(i) The [ Governor’s Office of Crime Prevention, Youth, and Victim Services ] Governor’s Office of Crime Prevention and Policy , the Maryland Department of Health, and the Maryland Correctional Administrators Association shall evaluate the implementation of the requirements of this section and determine a schedule to add additional counties, provided that the provisions of this section shall apply to all local detention centers and the Baltimore Pre-trial Complex by January 2023.

(i) The [ Governor’s Office of Crime Prevention, Youth, and Victim Services ] Governor’s Office of Crime Prevention and Policy , the Maryland Department of Health, and the Maryland Correctional Administrators Association shall evaluate the implementation of the requirements of this section and determine a schedule to add additional counties, provided that the provisions of this section shall apply to all local detention centers and the Baltimore Pre-trial Complex by January 2023.

(j) On or before November 1, 2020, and annually thereafter, the [ Governor’s Office of Crime Prevention, Youth, and Victim Services ] Governor’s Office of Crime Prevention and Policy shall report data from individual local correctional facilities to the General Assembly, in accordance with § 2-1257 of the State Government Article, on:

(1) the number of incarcerated individuals diagnosed with:

(i) a mental health disorder;

(ii) an opioid use disorder;

(iii) a non-opioid substance use disorder; and

(iv) a dual diagnosis of mental health and substance use disorder;

(2) the number and cost of assessments for incarcerated individuals in local correctional facilities, including the number of unique incarcerated individuals examined;

(3) the number of incarcerated individuals who were receiving medication or medication–assisted treatment for opioid use disorder immediately prior to incarceration;

(4) the type and prevalence of medication or medication–assisted treatments for opioid use disorder provided;

(5) the number of incarcerated individuals diagnosed with opioid use disorder;

(6) the number of incarcerated individuals for whom medication and medication–assisted treatment for opioid use disorder was prescribed;

(7) the number of incarcerated individuals for whom medication and medication–assisted treatment was prescribed and initiated for opioid use disorder;

(8) the number of medications and medication–assisted treatments for opioid use disorder provided according to each type of medication and medication– assisted treatment options;

(9) the number of incarcerated individuals who continued to receive the same medication or medication–assisted treatment for opioid use disorder as the incarcerated individual received prior to incarceration;

(10) the number of incarcerated individuals who received a different medication or medication–assisted treatment for opioid use disorder compared to what the incarcerated individual received prior to incarceration;

(11) the number of incarcerated individuals who initiated treatment with medication or medication–assisted treatment for opioid use disorder who were not being treated for opioid use disorder prior to incarceration;

(12) the number of incarcerated individuals who discontinued medication or medication–assisted treatment for opioid use disorder during incarceration;

(13) a review and summary of the percent of days, including the average percent, median percent, mode percent, and interquartile range of percent, for incarcerated individuals with opioid use disorder receiving medication or medication–assisted treatment for opioid use disorder as calculated overall and stratified by other factors, such as type of treatment received;

(14) the number of incarcerated individuals receiving medication or medication–assisted treatment for opioid use disorder prior to release;

(15) the number of incarcerated individuals receiving medication or medication–assisted treatment prior to release for whom the facility had made a prerelease reentry plan;

(16) a review and summary of practices related to medication and medication–assisted treatment for opioid use disorder for incarcerated individuals with opioid use disorder before October 1, 2019;

(17) a review and summary of prerelease planning practices relative to incarcerated individuals diagnosed with opioid use disorder prior to, and following, October 1, 2019; and

(18) any other information requested by the Maryland Department of Health related to the administration of the provisions under this section.

(k) Any behavioral health assessment, evaluation, treatment recommendation, or course of treatment shall be reported to the [ Governor’s Office of Crime Prevention, Youth, and Victim Services ] Governor’s Office of Crime Prevention and Policy and also include any other data necessary to meet reporting requirements under this section.

COMAR 01.01.2024 9-614.

(b)(1) On or before December 31 each year, each correctional unit shall submit data to the Governor’s Office Of Crime Prevention And Policy showing, by correctional unit:

(1) On or before December 31 each year, each correctional unit shall submit data to the Governor’s Office Of Crime Prevention And Policy showing, by correctional unit:

(i) the total population of the correctional unit;

(ii) the number of incarcerated individuals who have been placed in restrictive housing during the preceding year by age, race, gender, classification of housing, and the basis for the incarcerated individual’s placement in restrictive housing;

(iii) the number of incarcerated individuals with serious mental illness that were placed in restrictive housing during the preceding year;

(iv) the definition of “serious mental illness” used by the correctional unit in making the report;

(v) the number of incarcerated individuals known to be pregnant when placed in restrictive housing during the preceding year;

(vi) the average and median lengths of stay in restrictive housing of the incarcerated individuals placed in restrictive housing during the preceding year;

(vii) the number of incidents of death, self–harm, and attempts at self–harm by incarcerated individuals in restrictive housing during the preceding year;

(viii) the number of incarcerated individuals released from restrictive housing directly into the community during the preceding year;

(ix) any other data the correctional unit considers relevant to the use of restrictive housing by correctional facilities in the State; and

(x) any changes to written policies or procedures at each correctional unit relating to the use and conditions of restrictive housing, including steps to reduce reliance on restrictive housing.

(2) The Governor’s Office of Crime Prevention and Policy shall make the information submitted in accordance with paragraph (1) of this subsection available on its website and, when the information has been received from every correctional unit in accordance with paragraph (1) of this subsection, promptly submit the information in a report to the General Assembly, in accordance with § 2-1257 of the State Government Article.

Article – Courts and Judicial Proceedings

COMAR 01.01.2024 3-1510.

(a)(5) “Victim services provider” means a nonprofit or governmental organization that has been authorized by the Governor’s Office of Crime Prevention and Policy to have online access to records of shielded peace orders in order to assist victims of abuse.

(5) “Victim services provider” means a nonprofit or governmental organization that has been authorized by the Governor’s Office of Crime Prevention and Policy to have online access to records of shielded peace orders in order to assist victims of abuse.

(h) The Governor’s Office of Crime Prevention and Policy, in consultation with the Maryland Judiciary, may adopt regulations governing online access to shielded records by a victim services provider.

COMAR 01.01.2024 10-924.

(b)(2) A State’s Attorney shall report any information recorded under paragraph (1) of this subsection to the Governor’s Office of Crime Prevention and Policy.

(2) A State’s Attorney shall report any information recorded under paragraph (1) of this subsection to the Governor’s Office of Crime Prevention and Policy.

(c)(1) The Governor’s Office of Crime Prevention and Policy shall securely store and maintain the information reported under subsection (b)(2) of this section.

(1) The Governor’s Office of Crime Prevention and Policy shall securely store and maintain the information reported under subsection (b)(2) of this section.

(2) The Governor’s Office of Crime Prevention and Policy may disclose the information stored and maintained under paragraph (1) of this subsection only to:

(i) A State’s Attorney, or a State’s Attorney’s designee;

(ii) The Attorney General, or the Attorney General’s designee; and

(iii) The State Prosecutor, or the State Prosecutor’s designee.

Article – Criminal Procedure

COMAR 01.01.2024 2-404.

On or before December 31, 2009, and annually thereafter, the Governor’s Office of Crime Prevention and Policy shall report to the House Judiciary Committee and the Senate Judicial Proceedings Committee, in accordance with § 2-1257 of the State Government Article on the progress of jurisdictions and the Department of State Police in establishing interrogation rooms capable of creating audiovisual recordings of custodial interrogations.

COMAR 01.01.2024 10-208.

(a)(4) the Executive Director of the Governor’s Office of Crime Prevention and Policy;

(4) the Executive Director of the Governor’s Office of Crime Prevention and Policy;

COMAR 01.01.2024 10-209.

(b) The Executive Director of the Governor’s Office of Crime Prevention and Policy, the Attorney General, and the Director of the Maryland Justice Analysis Center of the Department of Criminology and Criminal Justice of the University of Maryland shall serve on the Advisory Board as ex officio members.

(e) Subject to the approval of the head of the appropriate unit, the Advisory Board may use the staff and facilities of the Department, the Administrative Office of the Courts, and the Governor’s Office of Crime Prevention and Policy in the performance of its functions.

COMAR 01.01.2024 11-801.

(f) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 11-804.

(a) There is a Criminal Injuries Compensation Board in the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 11-910.

(d) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 11-911.

There is a State Board of Victim Services in the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 11-914.

Subject to the authority of the Executive Director, the Board shall:

(6) approve or disapprove each grant application submitted by the Governor’s Office of Crime Prevention and Policy;

COMAR 01.01.2024 11-919.

(b) The Governor’s Office of Crime Prevention and Policy shall:

(1) adopt regulations for the administration and award of grants under Part II of this subtitle; and

(2) submit all approved grant applications to the Board.

(1) approve each grant application received by the Governor’s Office of Crime Prevention and Policy before any money is released from the Fund;

COMAR 01.01.2024 11-923.

(c)(1) The Governor’s Office of Crime Prevention and Policy shall help establish sexual assault crisis programs in the State.

(1) The Governor’s Office of Crime Prevention and Policy shall help establish sexual assault crisis programs in the State.

(d) The Governor’s Office of Crime Prevention and Policy may award grants to public or private nonprofit organizations to operate the sexual assault crisis programs certified by the federally recognized State sexual assault coalition.

(e) The Governor’s Office of Crime Prevention and Policy shall regularly consult, collaborate with, and consider the recommendations of the federally recognized State sexual assault coalition regarding sexual assault crisis programs and policies, practices, and procedures that impact victims of sexual assault.

(g) The Executive Director of the Governor’s Office of Crime Prevention and Policy shall include a report on the sexual assault crisis programs in the annual report submitted by the Governor’s Office of Crime Prevention and Policy to the General Assembly, in accordance with § 2-1257 of the State Government Article.

COMAR 01.01.2024 11-926.1.

(a)(1) The Governor’s Office of Crime Prevention and Policy shall establish and administer a reporting program for tracking the location, status, and chain of custody for sexual assault evidence collection kits.

(1) The Governor’s Office of Crime Prevention and Policy shall establish and administer a reporting program for tracking the location, status, and chain of custody for sexual assault evidence collection kits.

(3)(ii) Governor’s Office of Crime Prevention and Policy may disclose information contained in the reporting system only to:

(ii) Governor’s Office of Crime Prevention and Policy may disclose information contained in the reporting system only to:

the victim about whom the information pertains;
a victim’s representative for the victim about whom the information pertains;
a sexual assault crisis program established under § 11–923 of this subtitle;
a child advocacy center established under § 11–928 of this subtitle
a law enforcement agency;
a State’s Attorney;
a person authorized by the Governor’s Office of Crime Prevention and Policy to receive the information; or
a person entitled to receive the information by federal or State law, subpoena, court rule, or court order.

(b)(1) Subject to paragraph (2) of this subsection, beginning October 1, 2023, a law enforcement agency or any person, including a health care provider, forensic laboratory, or State’s Attorney, that has control or possession of a sexual assault evidence collection kit shall:

(1) Subject to paragraph (2) of this subsection, beginning October 1, 2023, a law enforcement agency or any person, including a health care provider, forensic laboratory, or State’s Attorney, that has control or possession of a sexual assault evidence collection kit shall:

(i) report location, status, and chain of custody information to the reporting program established under this section in a manner required by the Governor’s Office of Crime Prevention and Policy; and

(ii) comply with all regulations developed by the Governor’s Office of Crime Prevention and Policy under this section.

(c)(1) Governor’s Office of Crime Prevention and Policy, in consultation with the Maryland Sexual Assault Evidence Kit Policy and Funding Committee, shall adopt any regulations necessary to carry out this section.

(1) Governor’s Office of Crime Prevention and Policy, in consultation with the Maryland Sexual Assault Evidence Kit Policy and Funding Committee, shall adopt any regulations necessary to carry out this section.

(2) Regulations adopted by the Governor’s Office of Crime Prevention and Policy in accordance with this section shall include:

(i) requirements for reporting the location and chain of custody of a sexual assault evidence collection kit to the program established by the Governor’s Office of Crime Prevention and Policy under this section; and

(ii) procedures for disclosing information about sexual assault evidence collection kits included in the reporting program, including disclosure to parties authorized to receive information contained in the reporting system.

COMAR 01.01.2024 11-927.

(d)(2) The Committee consists of the following members:

(2) The Committee consists of the following members:

(ix) the following members appointed by the Governor:

one representative of the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 11-928.

(a) The Governor’s Office of Crime Prevention and Policy shall establish and sustain child advocacy centers in the State and ensure that every child in the State has access to a child advocacy center.

(c) The Governor’s Office of Crime Prevention and Policy may contract with public or private nonprofit organizations to operate child advocacy centers.

(d)(1) The Governor’s Office of Crime Prevention and Policy shall contract with a nonprofit organization that is qualified under § 501(c)(3) of the Internal Revenue Code and represents urban, rural, and suburban child advocacy centers in the State to establish a Maryland Statewide Organization for Child Advocacy Centers.

(1) The Governor’s Office of Crime Prevention and Policy shall contract with a nonprofit organization that is qualified under § 501(c)(3) of the Internal Revenue Code and represents urban, rural, and suburban child advocacy centers in the State to establish a Maryland Statewide Organization for Child Advocacy Centers.

(e) Money for child advocacy centers:

(1) shall be distributed to child advocacy centers in accordance with a formula agreed on by the Maryland Statewide Organization for Child Advocacy Centers and the Governor’s Office of Crime Prevention and Policy;

(f) On or before June 1 each year, the Governor’s Office of Crime Prevention and Policy shall submit an annual report, in accordance with § 2-1257 of the State Government Article, on child advocacy centers to the General Assembly.

COMAR 01.01.2024 11-934.

(b)(1) The Governor’s Office of Crime Prevention and Policy shall help support programs providing services for victims of crime throughout the State.

(1) The Governor’s Office of Crime Prevention and Policy shall help support programs providing services for victims of crime throughout the State.

(c)(1) The Governor’s Office of Crime Prevention and Policy may award grants to public or private nonprofit organizations to operate the victim services programs.

(1) The Governor’s Office of Crime Prevention and Policy may award grants to public or private nonprofit organizations to operate the victim services programs.

(3) The Governor’s Office of Crime Prevention and Policy:

(i) may not require victim services programs to provide a match for State funds expended; and

(ii) shall ensure that State funds awarded under this section:

are administered in a unified process with federal Victims of Crime Act Funds, with separate financial reporting as necessary to comply with federal and State regulations;
may be used as a match for federal Victims of Crime Act funds; and
may not be used for capital projects or capital programming of any kind.

(d) The Governor’s Office of Crime Prevention and Policy shall regularly consult, collaborate with, and consider the recommendations regarding allocation of funding from:

(1) the federally recognized State sexual assault coalition;

(2) the federally recognized State domestic violence coalition;

(3) the State alliance of child advocacy centers;

(4) State’s Attorneys’ offices;

(5) health care providers assisting victims of crime;

(6) civil legal services organizations assisting victims of crime; and

(7) representatives of organizations providing services to survivors of child abuse, elder abuse, human trafficking, homicide, or other victims of crime.

(e) The Governor’s Office of Crime Prevention and Policy shall prioritize continuity and stability of crime victim services and equitable distribution of funding in every jurisdiction in the State.

(g) On or before December 31 each year, the Executive Director of the Governor’s Office of Crime Prevention and Policy shall submit a report on all victim services programs and grantees and funds awarded under this section to the General Assembly, in accordance with § 2-1257 of the State Government Article.

COMAR 01.01.2024 11-1006.

(c)(1) The Governor’s Office of Crime Prevention and Policy shall help establish and expand programs for survivors of homicide victims in the State.

(1) The Governor’s Office of Crime Prevention and Policy shall help establish and expand programs for survivors of homicide victims in the State.

(d) The Governor’s Office of Crime Prevention and Policy shall award grants to public or private nonprofit organizations to operate the programs for survivors of homicide victims.

(e) The Governor’s Office of Crime Prevention and Policy regularly shall consult, collaborate with, and consider the recommendations of service providers to survivors of homicide victims regarding programs, policies, practices, and procedures that impact survivors of homicide victims.

(g) On or before October 1 each year, the Executive Director of the Governor’s Office of Crime Prevention and Policy shall include a report on the programs for survivors of homicide victims in the annual report submitted by the Governor’s Office of Crime Prevention and Policy to the General Assembly, in accordance with § 2-1257 of the State Government Article.

COMAR 01.01.2024 11-1008.

(b)(3) The Governor’s Office of Crime Prevention and Policy shall administer the program.

(3) The Governor’s Office of Crime Prevention and Policy shall administer the program.

(e) On or before December 1, 2022, and every 2 years thereafter, the Governor’s Office of Crime Prevention and Policy shall report to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly on the operation and results of the program during the immediately preceding 2-year period, including:

(1) the number of patients that qualified to receive postexposure prophylaxis under the program;

(2) the number of patients that chose to receive postexposure prophylaxis;

(3) the total amount reimbursed to providers for the postexposure prophylaxis; and

(4) the cost of the postexposure prophylaxis treatment and follow-up care provided under the program.

COMAR 01.01.2024 11-1101.

COMAR 01.01.2024 11-1102.

(a) There is a Victim Services Unit in the Governor’s Office of Crime Prevention and Policy.

(b) The Unit consists of:

(4) any other program that provides victim services under the Governor’s Office of Crime Prevention and Policy that the Executive Director determines would benefit from inclusion under the Unit.

COMAR 01.01.2024 12-403.

(d) Except as otherwise provided under federal law, a law enforcement unit other than a State law enforcement unit that participated with a State law enforcement unit in seizing property forfeited under this section:

(2) may ask the Governor’s Office of Crime Prevention and Policy to determine its share.

COMAR 01.01.2024 12-601.

In this subtitle, “MSAC” means the Maryland Statistical Analysis Center of the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 12-602.

(e)(2) The Governor’s Office of Crime Prevention and Policy shall submit the aggregate report to the Governor, the General Assembly, as provided in § 2-1257 of the State Government Article, and each seizing authority before September 1 of each year.

(2) The Governor’s Office of Crime Prevention and Policy shall submit the aggregate report to the Governor, the General Assembly, as provided in § 2-1257 of the State Government Article, and each seizing authority before September 1 of each year.

(f)(1) The Governor’s Office of Crime Prevention and Policy shall include in the aggregate report the total amount from forfeitures deposited in the General Fund of the State under § 12-405 of this title that were appropriated to the Maryland Department of Health for the purpose of funding drug treatment and education programs and how the funds were spent.

(1) The Governor’s Office of Crime Prevention and Policy shall include in the aggregate report the total amount from forfeitures deposited in the General Fund of the State under § 12-405 of this title that were appropriated to the Maryland Department of Health for the purpose of funding drug treatment and education programs and how the funds were spent.

(2) The Governor’s Office of Crime Prevention and Policy may include, with the aggregate report of MSAC, recommendations to the legislature to improve forfeiture statutes to better ensure that forfeiture proceedings are reported and handled in a manner that is fair to crime victims, innocent property owners, secured interest holders, citizens, and taxpayers.

(g)(1) If a seizing authority fails to comply with the reporting provisions of this section:

(1) If a seizing authority fails to comply with the reporting provisions of this section:

(i) The Governor’s Office of Crime Prevention and Policy shall report the noncompliance to the Police Training and Standards Commission; and

(2) If the seizing authority fails to comply with the required reporting provisions within 30 days after being contacted by the Police Training and Standards Commission, the Governor’s Office of Crime Prevention and Policy and the Police Training and Standards Commission jointly shall report the noncompliance to the Governor and the Legislative Policy Committee of the General Assembly.

COMAR 01.01.2024 17-105.

(a) On or before June 1 annually, the Governor’s Office of Crime Prevention and Policy shall submit a publicly available report to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly, that shall include, for the preceding calendar year:

(1) the number of requests for FGGS made, broken down by number of requests made by prosecutors, pretrial defendants, and postconviction defendants;

(2) the number of times FGGS was granted and the basis of each grant or denial;

(3) the number of putative perpetrators identified through FGGS;

(4) the number of covert collections of reference samples from putative perpetrators, a description of the methods used during the covert collection, the time period needed to perform the covert collection, any complaints from individuals subject to surveillance during the covert collections, and any complaints or suggestions from judges supervising the covert collections;

(5) an evaluation of the “pursued reasonable investigative leads” requirement in accordance with § 17–102(b)(4) of this title, including scientific, public, and nonforensic;

(6) the costs of the FGGS procedures;

(7) the race and age of those identified as putative perpetrators;

(8) the number of times a third party reference sample was requested and collected, and the race and age of the third parties;

(9) the number of requests made by defendants and postconviction lawyers; and

(10) the outcome of each authorized search, including whether the search resulted in an arrest or a conviction for the target offense.

Article – Education

COMAR 01.01.2024 8-417.

(b)(2) The Department of Human Services, the Department of Juvenile Services, the Department of Budget and Management, the Maryland Department of Health, and the Governor’s Office for Children shall participate with the Department in the development and implementation of rates in programs licensed or approved by those agencies to the extent required by federal and State law.

(2) The Department of Human Services, the Department of Juvenile Services, the Department of Budget and Management, the Maryland Department of Health, and the Governor’s Office for Children shall participate with the Department in the development and implementation of rates in programs licensed or approved by those agencies to the extent required by federal and State law.

COMAR 01.01.2024 9.5-203.

(a) The Council consists of the following members:

(6) The Special Secretary of the Governor’s Office for Children, or the Special Secretary’s designee;

Article – Family Law

COMAR 01.01.2024 4-501.

(h) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 4-503.

(a) A law enforcement officer who responds to a request for help under§ 4-502 of this Part I of this subtitle shall give the victim a written notice that:

(1) includes the telephone number of a local domestic violence program that receives funding from the Governor’s Office of Crime Prevention and Policy; and

COMAR 01.01.2024 4-512.

COMAR 01.01.2024 4-515.

(a)(1) The Executive Director shall establish a program in the Governor’s Office of Crime Prevention and Policy to help victims of domestic violence and their children.

(1) The Executive Director shall establish a program in the Governor’s Office of Crime Prevention and Policy to help victims of domestic violence and their children.

(2) the Governor’s Office of Crime Prevention and Policy shall:

(i) supervise the program;

(ii) set standards of care and admission policies;

(iii) monitor the operation of the program and annually evaluate the effectiveness of the program;

(iv) adopt rules and regulations that set fees for services at and govern the operation of each program; and

COMAR 01.01.2024 5-704.4.

(a)(3) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(3) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(f) Notwithstanding any appropriation made under subsection (h) of this section, not later than October 1, 2019, the Governor’s Office of Crime Prevention and Policy shall provide grant funding for services provided by the Safe Harbor Regional Navigator Grant Program.

COMAR 01.01.2024 5-1102.

(a) All proposals for funding received under this subtitle designed to address the prevention of child physical or sexual abuse shall be reviewed by a selection committee composed of the following members:

(3) The Special Secretary of the Governor’s Office for Children who shall serve as the chair [ man ] of the committee.

COMAR 01.01.2024 5-1103.

(a) All proposals for funding received under this subtitle designed to address the prevention of child alcohol and drug abuse shall be reviewed by a selection committee composed of the following members:

(3) the Special Secretary of the Governor’s Office for Children who shall serve as chair [ man ] of the committee.

Article – Health – General

COMAR 01.01.2024 5-703.

(a) The State Team shall be a multidisciplinary and multiagency review team, composed of at least 25 members, including:

(7) The Special Secretary of the Governor’s Office for Children or the Special Secretary’s designee;

COMAR 01.01.2024 7.5-303.

(a)(1) The Council consists of the following members:

(1) The Council consists of the following members:

(xi) The Special Secretary of the Governor’s Office for Children, or the Special Secretary’s designee;

(xii) The Executive Director of the Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee;

COMAR 01.01.2024 13-1504.

(a)(1) The Advisory Council shall be composed of 19 members as follows:

(1) The Advisory Council shall be composed of 19 members as follows:

(ix) The Special Secretary of the Governor’s Office for Children, or the Special Secretary’s designee;

COMAR 01.01.2024 13-4202.

(a) There is a Maryland Behavioral Health and Public Safety Center of Excellence in the Governor’s Office of Crime Prevention and Policy.

(d)(1) The Governor’s Office of Crime Prevention and Policy shall appoint the following individuals to jointly oversee the Center:

(1) The Governor’s Office of Crime Prevention and Policy shall appoint the following individuals to jointly oversee the Center:

(i) A crisis intervention law enforcement coordinator;

(ii) A mental health coordinator; and

(iii) Any other individuals determined necessary by the Office.

(2) The individuals appointed under paragraph (1) of this subsection may be associated with the Crisis Intervention Team Center of Excellence within the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 13-4401.

(a) The Natalie M. LaPrade Medical Cannabis Commission, in consultation with the Department, the Behavioral Health Administration, the Governor’s Office of Crime Prevention and Policy, the Maryland Poison Center, the State’s designated Health Information Exchange, and the Maryland Hospital Association, shall conduct, or contract with an institution of higher education or a private research entity to conduct, a comprehensive baseline study of cannabis use in the State that includes a survey of:

(1) Patterns of use, including frequency of use and dosing, methods of consumption, and general perceptions of cannabis among:

(i) Individuals under the age of 18 years;

(ii) Individuals at least 18 years old and under the age of 21 years;

(iii) Individuals at least 21 years old and under the age of 55 years;

(iv) Individuals at least 55 years old;

(v) Pregnant women; and

(vi) Breastfeeding women;

COMAR 01.01.2024 13-4502.

(b) The Advisory Council consists of the following members:

(7) The State Superintendent of Schools, or the Superintendent’s designee;

(8) The Executive Director of the Governor’s Office of Crime Prevention and Policy, or the Executive Director’s Designee; and

(9) The following members appointed by the Governor:

(i) One representative from a historically black college or university;

(ii) One health care provider with experience in cannabis;

(iii) One pharmacist licensed in the State;

(iv) One health care provider with expertise in substance use disorder treatment and recovery;

(v) One individual with expertise in cannabis use disorder;

(vi) One academic researcher with expertise in cannabis law and policy;

(vii) One individual with at least 5 years of experience in health or social equity;

(viii) One public health professional with cannabis experience; and

(ix) One representative of a laboratory that tests cannabis.

COMAR 01.01.2024 13-4803.

(a) The Commission consists of the following members:

(13) The Executive Director of the Governor’s Office of Crime Prevention and Policy or the Executive Director’s designee;

(16) The Special Secretary of the Governor’s Office for Children, or the Special Secretary’s designee ;

(17) The Special Secretary of Opioid Response, or the Special Secretary’s designee; and

(18) The following members appointed by the Governor:

(i) One representative of the Mental Health Association of Maryland;

(ii) One representative of the National Alliance on Mental Illness;

(iii) One representative of the Community Behavioral Health Association of Maryland;

(iv) One representative of a provider of residential behavioral health services;

(v) One representative of an acute care hospital;

(vi) One representative of an inpatient psychiatric hospital;

(vii) One individual with experience as a consumer of behavioral health services;

(viii) One family member of an individual with experience as a consumer of behavioral health services;

(ix) One representative of a provider of substance use treatment services;

(x) One representative of a school–based health center;

(xi) One individual with expertise in social determinants of health;

COMAR 01.01.2024 15-139.

(d)(1) The Governor’s Office for Children shall adopt regulations to carry out the provisions of subsection (c)(2) of this section.

(1) The Governor’s Office for Children shall adopt regulations to carry out the provisions of subsection (c)(2) of this section.

COMAR 01.01.2024 24-904.

(b) The Standing Advisory Committee shall consist of:

(3) One representative from law enforcement, nominated by the Executive Director of the Governor’s Office of Crime Prevention and Policy;

Article – Health Occupations

COMAR 01.01.2024 20-101.

(l)(2) “Residential child care program” includes a program:

(2) “Residential child care program” includes a program:

(ii) That is subject to the licensing requirements of the Governor’s Office for Children governing the operations of residential child care programs.

Article – Housing & Community Development

COMAR 01.01.2024 4-2103.

(a) The Council consists of the following members:

(13) the following members, appointed by the Governor:

(i) one representative of the Governor’s Office for Children;

Article – Human Services

COMAR 01.01.2024 1-210.

Notwithstanding any other State law and except as provided in § 1-211 of this subtitle, on written request, a public agency shall disclose information and records on children, youth, and families served by that agency to:

(3) the Governor’s Office for Children.

COMAR 01.01.2024 6-604.

(a) The Commission consists of the following 18 members appointed by the Governor:

(6) the Special Secretary of the Governor’s Office for Children or the Special Secretary’s designee;

COMAR 01.01.2024 7-128.

The Board consists of the following members:

(12) the Special Secretary of the Governor’s Office for Children, or the Special Secretary’s designee;

(16) the Executive Director of the Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee; and

COMAR 01.01.2024 8-101.

(b) “Agencies of the Children’s Cabinet” includes:

(1) the Department of Budget and Management;

(2) the Department of Disabilities;

(3) the Department of Health;

(4) the Department of Housing and Community Development;

(5) the Department of Human Services;

(6) the Department of Juvenile Services; [and]

(7) the Department of Labor;

(8) the Department of Service and Civic Innovation;

(9) the State Department of Education;

(10) the Higher Education Commission; and

(11) the Governor’s Office for Children.

(g) “Evidence-based” means meeting the criteria for an evidence-based early childhood home visiting service delivery model as defined by the federal Department of Health and Human Services.

(h)(1) “Family” means an eligible child's natural, adoptive, or foster parents.

(1) “Family” means an eligible child's natural, adoptive, or foster parents.

(i)(1) “Home visiting program” means a program or initiative that:

(1) “Home visiting program” means a program or initiative that:

(i) contains home visiting as a primary service delivery strategy;

(j) “Hospital” has the meaning stated in § 19-301 of the Health--General Article.

(k) “Local behavioral health authority” has the meaning stated in § 7.5-101 of the Health--General Article.

(l) “Local management board” means an entity established or designated by a county under Subtitle 3 of this title to ensure the implementation of a local, interagency service delivery system for children, youth, and families.

(m) “Office” means the Governor’s Office for Children.

(n) “Promising” means a home visiting program or practice that:

(1) does not yet meet the standard for evidence-based practices; and

(o) “Public agency” means a State or local government unit or a quasi-governmental entity.

(p)(1) “Residential child care program” means an entity that provides 24-hour per day care for children within a structured set of services and activities that are designed to achieve specific objectives relative to the needs of the children served and that include the provision of food, clothing, shelter, education, social services, health, mental health, recreation, or any combination of these services and activities.

(1) “Residential child care program” means an entity that provides 24-hour per day care for children within a structured set of services and activities that are designed to achieve specific objectives relative to the needs of the children served and that include the provision of food, clothing, shelter, education, social services, health, mental health, recreation, or any combination of these services and activities.

(q) “Special Secretary” means the Special Secretary of the Governor’s Office for Children.

COMAR 01.01.2024 8-306.

(a) On or before January 1, 2018, the Prince George’s County Local Management Board shall:

(1) develop and implement a strategic plan to raise revenues to match the total funding provided by the Governor’s Office for Children; and

COMAR 01.01.2024 8-402.

(a) The Council consists of the following members:

(1) the Special Secretary of the Governor’s Office for Children, or the Special Secretary’s designee;

COMAR 01.01.2024 8-508.

The Governor’s Office for Children is the fiscal agent for the Fund.

COMAR 01.01.2024 8-703.

(c) On or before July 1 of each year, the Department of Human Services shall develop the Plan in consultation with the agencies, providers, counties, child advocates, consumers, and other State unit, entity, or person that the Department identifies as having relevant information that is interested in the development of the Plan.

(d) The Plan shall:

(1) provide a framework for the Department and the agencies to procure residential child care program services that meet the needs identified in the Plan;

(2) provide the following information on residential child care programs:

(i) the county where each program is operated;

(ii) the provider for each program;

(iii) the actual capacity and utilization rate for each program;

(iv) the ages of the children in each program;

(v) the county where each child in a program lived at the time the child entered out-of-home placement;

(vi) the services children require and a description of how those services are being provided;

(vii) the agency that placed children in each program; and

(viii) any other information the Department or the agencies, providers, or counties consider relevant;

(e) On or before January 1 of each year, the Department shall report to the Governor and, in accordance with § 2-1257 of the State Government Article, the Senate Finance Committee and the House Health and Government Operations Committee on the Plan's findings and recommendations.

COMAR 01.01.2024 8-705.

The Department of Human Services shall provide a sample contract that includes an example of the provisions required under § 8-704 of this subtitle to each potential provider interested in becoming licensed to operate a residential child care program.

COMAR 01.01.2024 8-1301.

(b) “Agency” includes:

(13) the Department of Transportation; and

(14) the Department of Aging.

COMAR 01.01.2024 8-1304.

(a) The Commission consists of the following members:

(10) the Executive Director of the State Council on Child Abuse and Neglect, or the Executive Director's designee; and

(11) the following members, appointed by the Governor:

(i) two licensed mental health clinicians with expertise in trauma, including demonstrated experience and training in child and adolescent care and family care;

(ii) one licensed geriatric mental health clinician with expertise in trauma;

(iii) two members of the research community with expertise in trauma;

(iv) six representatives from community organizations, nonprofit organizations, or youth organizations with an expertise in trauma;

(v) one representative of the Office of Child Care Advisory Council;

(vi) one representative of the Maryland Network Against Domestic Violence;

(vii) one representative of an urban municipal government with expertise in trauma;

(viii) one representative of a rural municipal government with expertise in trauma; and

(ix) one representative of a suburban municipal government with expertise in trauma.

COMAR 01.01.2024 8-1307.

The Department of Human Services shall provide staff for the Commission.

Article – Public Safety

COMAR 01.01.2024 1-401.

(b) The Board consists of the following members:

(9) the Executive Director of the Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee; and

COMAR 01.01.2024 2-315.

(7) the Executive Director of the Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee;

COMAR 01.01.2024 2-514.

(a) On or before April 1, 2010, and on or before April 1 of every even-numbered year thereafter, each local law enforcement unit shall report to the Governor’s Office of Crime Prevention and Policy on the status of crime scene DNA collection and analysis in its respective jurisdiction for the preceding calendar year, and the Department shall report to the Governor’s Office of Crime Prevention and Policy on the status of crime scene DNA collection statewide for the preceding calendar year, including:

(1) the crimes for which crime scene DNA evidence is routinely collected;

(2) the approximate number of crime scene DNA evidence samples collected during the preceding year for each category of crime;

(3) the average time between crime scene DNA evidence collection and analysis;

(4) the number of crime scene DNA evidence samples collected and not analyzed at the time of the study;

(5) the number of crime scene DNA evidence samples submitted to the statewide DNA database during the preceding year; and (6) the number of crime scene DNA evidence samples, including sexual assault evidence, collected by hospitals in the county during the preceding year.

(b) The Governor’s Office of Crime Prevention and Policy shall compile the information reported by the local law enforcement units and the Department under subsection (a) of this section and submit an annual summary report to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly.

COMAR 01.01.2024 3-207.

(a) The Commission has the following powers and duties:

(18) to develop, with the cooperation of the Office of the Attorney General, the Governor’s Office of Crime Prevention and Policy, and the Federal Trade Commission, a uniform identity fraud reporting form that:

(i) makes transmitted data available on or before October 1, 2011, for use by each law enforcement agency of State and local government; and

(ii) may authorize the data to be transmitted to the Consumer Sentinel program in the Federal Trade Commission;

(h) The Commission shall distribute the victim’s representation notification form developed by the Governor’s Office of Crime Prevention and Policy under § 12-206.1(e) of the Transportation Article to each law enforcement agency in the State.

(k) The Commission shall:

(2) work with the Comptroller and the Governor’s Office of Crime Prevention and Policy to ensure that State grant funding is withheld from a law enforcement agency that violates the Use of Force Statute under § 3-524 of this title.

COMAR 01.01.2024 3-501.1.

(c) If the Baltimore Police Department has not submitted a report required under subsection (a) of this section, the Governor’s Office of Crime Prevention and Policy may not make any grant funds available to the Baltimore Police Department.

COMAR 01.01.2024 3-507.

(b) Every year, on or before March 1, 2016, and March 1 of each subsequent year, each local law enforcement agency shall provide the Governor’s Office of Crime Prevention and Policy with information, for the previous calendar year, about each officer-involved death and death in the line of duty that involved a law enforcement officer employed by the agency, to include at a minimum:

(1) the age, gender, ethnicity, and race of a deceased individual;

(2) the age, gender, ethnicity, and race of the officer involved;

(3) a brief description of the circumstances surrounding the death;

(4) the date, time, and location of the death; and

(5) the law enforcement agency of the officer who:

(c) The Governor’s Office of Crime Prevention and Policy shall adopt procedures for the collection and analysis of the information described in subsection (b) of this section.

(d) The Governor’s Office of Crime Prevention and Policy shall analyze and disseminate the information provided under subsection (b) of this section.

(e) The Governor’s Office of Crime Prevention and Policy shall make an annual report on the incidence of officer-involved deaths and deaths in the line of duty in the State to the General Assembly, in accordance with § 2-1257 of the State Government Article, on or before June 30 of each year.

COMAR 01.01.2024 3-508.

(a)(4) “Office” means the Governor’s Office of Crime Prevention and Policy.

(4) “Office” means the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 3-514.

(b)(3) If a law enforcement agency has not submitted the report required under paragraph (1) of this subsection by July 1 for the previous calendar year, the Governor’s Office of Crime Prevention and Policy may not make any grant funds available to that law enforcement agency.

(3) If a law enforcement agency has not submitted the report required under paragraph (1) of this subsection by July 1 for the previous calendar year, the Governor’s Office of Crime Prevention and Policy may not make any grant funds available to that law enforcement agency.

COMAR 01.01.2024 3-522.

(b)(1) There is a Crisis Intervention Team Center of Excellence in the Governor’s Office of Crime Prevention and Policy.

(1) There is a Crisis Intervention Team Center of Excellence in the Governor’s Office of Crime Prevention and Policy.

(3) The Governor’s Office of Crime Prevention and Policy shall appoint the following individuals to oversee the Center:

(i) a crisis intervention law enforcement coordinator;

(ii) a mental health coordinator;

(iii) an advocacy coordinator; and

(iv) additional coordinators necessary as determined by the Governor’s Office of Crime Prevention and Policy.

(c)(2) The Collaborative Committee shall include the following members:

(2) The Collaborative Committee shall include the following members:

(ii) the Executive Director of the Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee;

(iv) the following individuals, appointed by the Executive Director of the Governor’s Office of Crime Prevention and Policy:

at least one representative of a local behavioral health authority;
at least one representative from family and consumer mental health organizations;
a representative from the Maryland Municipal League;
a representative from the Maryland Chiefs of Police Association;
a representative from the Maryland Association of Counties;
a representative of a local crisis intervention team;
other members determined to be necessary to carry out the work of the Collaborative Committee; and
a representative from the Maryland Sheriffs’ Association.

(3) A member appointed by the Executive Director of the Governor’s Office of Crime Prevention and Policy:

(i) serves for a term of 3 years and until a successor is appointed and qualifies; and

(ii) may be reappointed.

COMAR 01.01.2024 3-525.

(b) A law enforcement agency shall report the following information relating to search warrants executed by the law enforcement agency during the prior calendar year to the Governor’s Office of Crime Prevention and Policy using the format developed under subsection (c) of this section:

(1) the number of times a no-knock search warrant was executed in the previous year;

(2) the name of the county and municipal corporation and the zip code of the location where each no–knock search warrant was executed;

(3) for each search warrant executed, the number of days from the issuance until the execution of the search warrant, disaggregated by whether the search warrant was a no–knock search warrant;

(4) the legal basis for each no–knock search warrant issued;

(5) the number of times a search warrant was executed under circumstances in which a police officer made forcible entry into the building, apartment, premises, place, or thing to be searched specified in the warrant;

(6) the number of times a SWAT team was deployed to execute a search warrant;

(7) the number of arrests made, if any, during the execution of a search warrant;

(8) the number of times property was seized during the execution of a search warrant;

(9) the number of times a weapon was discharged by a police officer during the execution of a search warrant; and

(10) the number of times a person or domestic animal was injured or killed during the execution of a search warrant, disaggregated by whether the person or animal was injured or killed by a police officer.

(c) The Maryland Police Training and Standards Commission, in consultation with the Governor’s Office of Crime Prevention and Policy, shall develop a standardized format for each law enforcement agency to use in reporting data to the Governor’s Office of Crime Prevention and Policy under subsection (b) of this section.

(d) A law enforcement agency shall:

(2) not later than January 15 each year, submit the report to:

(i) the Governor’s Office of Crime Prevention and Policy; and

(e)(1) The Governor’s Office of Crime Prevention and Policy shall analyze and summarize the reports of law enforcement agencies submitted under subsection (d) of this section.

(1) The Governor’s Office of Crime Prevention and Policy shall analyze and summarize the reports of law enforcement agencies submitted under subsection (d) of this section.

(2) Before September 1 each year, the Governor’s Office of Crime Prevention and Policy shall:

(i) submit a report of the analyses and summaries of the reports of law enforcement agencies described in paragraph (1) of this subsection to the Governor, each law enforcement agency, and, in accordance with § 2-1257 of the State Government Article, the General Assembly; and

(ii) publish the report on its website.

(f)(1) If a law enforcement agency fails to comply with the reporting provisions of this section, the Governor’s Office of Crime Prevention and Policy shall report the noncompliance to the Maryland Police Training and Standards Commission.

(1) If a law enforcement agency fails to comply with the reporting provisions of this section, the Governor’s Office of Crime Prevention and Policy shall report the noncompliance to the Maryland Police Training and Standards Commission.

(3) If the law enforcement agency fails to comply with the required reporting provisions of this section within 30 days after being contacted by the Maryland Police Training and Standards Commission with a request to comply, the Governor’s Office of Crime Prevention and Policy and the Maryland Police Training and Standards Commission jointly shall report the noncompliance to the Governor and the Legislative Policy Committee of the General Assembly.

COMAR 01.01.2024 3-528.

(c) The Governor’s Office of Crime Prevention and Policy shall adopt procedures for the collection and analysis of the information required under this section.

(d) On or before June 30 each year, the Governor’s Office of Crime Prevention and Policy shall compile and submit an annual report on the information required under this section to the General Assembly, in accordance with § 2-1257 of the State Government Article.

(e) The Governor’s Office of Crime Prevention and Policy shall post annually the report required under this section on its website.

COMAR 01.01.2024 3-530.

(a) The Governor’s Office of Crime Prevention and Policy shall request and analyze data relating to juveniles who are charged, convicted, and sentenced as adults in the State, including data from:

(1) law enforcement agencies in the State;

(2) the Administrative Office of the Courts;

(3) local correctional facilities in the State; and

(4) the Department of Public Safety and Correctional Services.

(c) On or before December 31, 2023, and on or before December 31 each year thereafter, the Governor’s Office of Crime Prevention and Policy shall report its findings to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly.

COMAR 01.01.2024 4-101.

(b) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 4-401.

(d) The Executive Director of the Governor’s Office of Crime Prevention and Policy shall:

(1) administer the Fund;

(2) the Administrative Office of the Courts;

(3) local correctional facilities in the State; and

(4) the Department of Public Safety and Correctional Services.

COMAR 01.01.2024 4-501.

(e) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 4-601.

(b) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 4-701.

COMAR 01.01.2024 4-703.

(f) The Governor’s Office of Crime Prevention and Policy and the Maryland Police Training and Standards Commission shall provide technical assistance to agencies in applying for:

(1) money from the Fund; or

(2) other federal, State, or private grants for community programs.

COMAR 01.01.2024 4-901.

(e) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 4-903.

(a) There is a Maryland Violence Intervention and Prevention Advisory Council in the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 4-906.

(c) In addition to any other reporting requirements from the Governor’s Office of Crime Prevention and Policy, grantees shall submit a report at the end of each grant cycle that shall:

(2) be posted to the Governor’s Office of Crime Prevention and Policy’s website.

COMAR 01.01.2024 4-907.

(d) The results of an evaluation ordered under subsection (a) of this section shall be posted to the Governor’s Office of Crime Prevention and Policy’s website.

COMAR 01.01.2024 4-1008.

A local government or nonprofit entity that receives funding under this subtitle:

(2) shall comply with any data sharing and reporting requirements established by the Executive Director of the Governor’s Office of Crime Prevention and Policy under § 4-1009 of this subtitle as a condition of receiving funding.

COMAR 01.01.2024 4-1009.

(a) In this section, “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(c)(1) On or before October 1, 2020, and every October 1 thereafter, the Governor’s Office of Crime Prevention and Policy shall place on its website in an easily accessible location a filterable data display showing all data collected under this subtitle pertaining to outcome-based performance measures under this section for the previous fiscal year.

(1) On or before October 1, 2020, and every October 1 thereafter, the Governor’s Office of Crime Prevention and Policy shall place on its website in an easily accessible location a filterable data display showing all data collected under this subtitle pertaining to outcome-based performance measures under this section for the previous fiscal year.

(2) The Governor’s Office of Crime Prevention and Policy shall notify annually in writing the Governor and the Legislative Policy Committee, in accordance with § 2-1257 of the State Government Article, when the filterable data display has been updated under paragraph (1) of this subsection.

COMAR 01.01.2024 4-1011.

(c)(1) The Governor’s Office of Crime Prevention and Policy shall administer the grant funds in accordance with § 4-1008 of this subtitle.

(1) The Governor’s Office of Crime Prevention and Policy shall administer the grant funds in accordance with § 4-1008 of this subtitle.

COMAR 01.01.2024 4-1012.

(a)(2) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(2) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(d) The Governor’s Office of Crime Prevention and Policy shall administer the Fund.

COMAR 01.01.2024 4-1101.

COMAR 01.01.2024 4-1201.

(a) This subtitle applies only to each grant the Executive Director of the Governor’s Office of Crime Prevention and Policy makes to the Baltimore Police Department.

(b) The purpose of this subtitle is to ensure that grants from the Governor’s Office of Crime Prevention and Policy to the Baltimore Police Department for community policing efforts are used for that purpose.

(c)(1) In fiscal year 2019, the Baltimore Police Department shall prepare a half-year report on the expenditure of grants received from the Governor’s Office of Crime Prevention and Policy.

(1) In fiscal year 2019, the Baltimore Police Department shall prepare a half-year report on the expenditure of grants received from the Governor’s Office of Crime Prevention and Policy.

(2) In fiscal year 2020 and in each subsequent fiscal year, the Baltimore Police Department shall prepare an annual report on the expenditure of grants received from the Governor’s Office of Crime Prevention and Policy.

(d) The report required under subsection (c) of this section shall include:

(1) the intended use of each grant from the Governor’s Office of Crime Prevention and Policy to the Baltimore Police Department; and

(2) the specific expenditures made by the Baltimore Police Department with any monetary grants received from the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 4-1301.

(b) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 4-1401.

(b) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 4-1502.

(a) The Governor’s Office of Crime Prevention and Policy shall:

(1) select 10 high-crime micro-zones within the State; and

(2) create, as a civilian position, an “End the Violence” P.R.O.T.E.C.T. Coordinator position for each high–crime micro–zone.

COMAR 01.01.2024 4-1503.

For fiscal year 2022 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation:

(2) of at least $500,000 in addition to the funding required under item (1) of this section to be used by the Governor’s Office of Crime Prevention and Policy to hire and manage “End the Violence” P.R.O.T.E.C.T. Coordinators established under § 4-1502 of this subtitle.

COMAR 01.01.2024 4-1601.

(d) The Executive Director of the Governor’s Office of Crime Prevention and Policy shall:

(1) administer the Fund;

(2) establish and publish procedures for the distribution of grants to nonprofit organizations, including faith–based organizations;

(3) set aside a minimum of $1,000,000 each year for grants to faith– based organizations to increase security measures against faith–based hate crimes, with priority given to applicants that can demonstrate a high prevalence of hate crimes against members of and institutions representing the applicant’s faith; and

(4) submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, a report on the distribution of funding before September 1 each year.

COMAR 01.01.2024 5-502.

(a) There is a Cease Fire Council in the Governor’s Office of Crime Prevention and Policy.

(b)(2) Of the 11 members of the Council:

(2) Of the 11 members of the Council:

(iv) one shall be the Executive Director of the Governor’s Office of Crime Prevention and Policy or a designee;

(f)(1) The Governor’s Office of Crime Prevention and Policy shall provide staff support for the Council.

(1) The Governor’s Office of Crime Prevention and Policy shall provide staff support for the Council.

(2) The Assistant Attorney General assigned to the Governor’s Office of Crime Prevention and Policy is the legal advisor to the Council.

Article – State Finance and Procurement

COMAR 01.01.2024 2-209.

(c)(1) The Council consists of the following members:

(1) The Council consists of the following members:

(xiii) the Executive Director of the Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee;

Article – State Government

COMAR 01.01.2024 2-1261.

(d) On or before October 31 each year, the Governor’s Office of Crime Prevention and Policy shall submit to the Department, in the form of electronic raw data, de-identified and disaggregated by incident, information collected in accordance with:

(1) § 3-528 of the Public Safety Article; and

(2) § 25–113 of the Transportation Article.

COMAR 01.01.2024 6-401.

(d) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 6-404.

The Unit shall:

(9) collaborate with the Department, the Department of Human Services, the Maryland Department of Health, and the Governor’s Office of Crime Prevention and Policy in all matters related to the licensing and monitoring of children’s residential facilities; and

COMAR 01.01.2024 6-406.

(a) The Unit shall report in a timely manner to the Executive Director, the Secretary, and, in accordance with § 2-1257 of this article, the Speaker of the House of Delegates and the President of the Senate:

(1) knowledge of any problem regarding the care, supervision, and treatment of children in facilities;

(2) findings, actions, and recommendations, related to the investigations of disciplinary actions, grievances, incident reports, and alleged cases of child abuse and neglect; and

(3) all other findings and actions related to the monitoring required under this subtitle.

COMAR 01.01.2024 9-2701.

(c)(1) The Council consists of:

(1) The Council consists of:

(iv) the following members appointed by the Governor’s Office for Children:

four youths nominated by the local management boards established under § 8-301 of the Human Services Article;
four youths nominated by the Maryland Association of Student Councils;
two youths nominated by the University System of Maryland Student Council; and
the following youths nominated by the Student Advisory Council to the Maryland Higher Education Commission:

A. one youth who is enrolled in a community college; and

B. one youth who is enrolled in a private college or university.

COMAR 01.01.2024 9-3201.

COMAR 01.01.2024 9-3202.

There is a Justice Reinvestment Oversight Board in the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 9-3206.

The Governor’s Office of Crime Prevention and Policy shall provide staff for the Board.

COMAR 01.01.2024 9-3207.

(e)(2) The Executive Director of the Governor’s Office of Crime Prevention and Policy shall appoint members of the advisory board, subject to the approval of the chair of the Board.

(2) The Executive Director of the Governor’s Office of Crime Prevention and Policy shall appoint members of the advisory board, subject to the approval of the chair of the Board.

COMAR 01.01.2024 9-3209.

(b)(4) The Governor’s Office of Crime Prevention and Policy shall receive from the Fund each fiscal year the amount necessary to offset the costs of administering the Fund, including the costs incurred in an agreement to collect and interpret data as authorized by § 9-3207 of this subtitle.

(4) The Governor’s Office of Crime Prevention and Policy shall receive from the Fund each fiscal year the amount necessary to offset the costs of administering the Fund, including the costs incurred in an agreement to collect and interpret data as authorized by § 9-3207 of this subtitle.

COMAR 01.01.2024 9-3211.

(g) The Governor’s Office of Crime Prevention and Policy shall provide staff for the Commission.

COMAR 01.01.2024 9-3601.

In this subtitle, “Office” means the Governor’s Office of Crime Prevention and Policy.

COMAR 01.01.2024 9-3701.

There Is a Governor’s Office for Children, as Authorized Under Executive Order 01.01.2024.05.

COMAR 01.01.2024 10-1503.

(b) The Council consists of the following 37 members:

(22) the Executive Director of the Governor’s Office of Crime Prevention and Policy;

Article – State Personnel and Pensions

COMAR 01.01.2024 29-304.

An individual shall have immediate vesting rights on taking office in the State system in which the individual is a member if the individual is the:

(16) Executive Director of the Governor’s Office of Crime Prevention and Policy;

(20) Special Secretary of the Governor’s Office for Children ;

(21) State Archivist; or

(22) State Prosecutor of the State Prosecutor's Office.

Article – Transportation

COMAR 01.01.2024 12-206.1.

(b)(1) During the investigation of a moving violation, the investigating agency shall :

(1) During the investigation of a moving violation, the investigating agency shall :

(ii) Provide the victim’s representative with a copy of the victim’s representation notification form developed by the Governor’s Office of Crime Prevention and Policy under subsection (e) of this section.

(e) The Governor’s Office of Crime Prevention and Policy shall develop and, as necessary, update a uniform victim’s representation notification form that may be filed by a victim’s representative under this section.

COMAR 01.01.2024 25-113.

(a)(5) “Maryland Statistical Analysis Center” means the research, development, and evaluation component of the Governor’s Office of Crime Prevention and Policy.

(5) “Maryland Statistical Analysis Center” means the research, development, and evaluation component of the Governor’s Office of Crime Prevention and Policy.

(f)(1)(iv) When the Maryland Statistical Analysis Center updates a filterable data display under this section, the Governor’s Office of Crime Prevention and Policy shall provide electronic and written notice of the update to the General Assembly in accordance with § 2-1257 of the State Government Article.

(1)(iv) When the Maryland Statistical Analysis Center updates a filterable data display under this section, the Governor’s Office of Crime Prevention and Policy shall provide electronic and written notice of the update to the General Assembly in accordance with § 2-1257 of the State Government Article.

(iv) When the Maryland Statistical Analysis Center updates a filterable data display under this section, the Governor’s Office of Crime Prevention and Policy shall provide electronic and written notice of the update to the General Assembly in accordance with § 2-1257 of the State Government Article.

SECTION 2. AND BE IT FURTHER ORDERED, That, as provided in this Executive Order:

(a)(1) Except as provided in paragraph (2) of this subsection, the Governor’s Office of Crime Prevention and Policy is the successor of the Governor’s Office of Crime Prevention, Youth, and Victim Services.

(1) Except as provided in paragraph (2) of this subsection, the Governor’s Office of Crime Prevention and Policy is the successor of the Governor’s Office of Crime Prevention, Youth, and Victim Services.

(2) The Governor’s Office for Children is the successor of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services.

(3) Except as provided in paragraph (4) of this subsection, the Executive Director of the Governor’s Office of Crime Prevention and Policy is the successor of the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services.

(4) The Special Secretary of the Governor’s Office for Children is the successor of the Deputy Director of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services.

(b) In every law, executive order, rule, regulation, policy, or document created by an official, an employee, or a unit of this State, the names and titles of those agencies and officials mean the names and titles of the successor agency or official.

SECTION 3. AND BE IT FURTHER ORDERED, that all persons who, as of the effective date of this Order, are employed in the Governor’s Office of Crime Prevention, Youth, and Victim Services are hereby transferred to the Governor’s Office of Crime Prevention and Policy or the Governor’s Office for Children, as appropriate, without any change or loss of pay, working conditions, benefits, rights, or status, and shall retain their merit system and retirement system status.

SECTION 4. AND BE IT FURTHER ORDERED, that any transaction affected by or arising from any statute here amended, repealed, or transferred, and validly entered into before the effective date of this Order and every right, duty, or interest flowing from it remains valid after the effective date and may be terminated, completed, consummated, or enforced pursuant to law.

SECTION 5. AND BE IT FURTHER ORDERED, that except as otherwise expressly provided in this Order, the continuity of every division, board, commission, authority, council, committee, office, and other unit is retained. All rules and regulations, proposed rules and regulations, standards and guidelines, proposed standards and guidelines, orders and other directives, findings, determinations, forms, plans, memberships, special funds, appropriations, grants, applications for grants, contracts, property, equipment, records, investigations, administrative and judicial proceedings, rights to sue and be sued, and all other duties, and responsibilities associated with those functions of the Governor’s Office of Crime Prevention, Youth, and Victim Services transferred by this Order shall continue in effect under the Governor’s Office of Crime Control and Prevention and the Governor’s Office for Children, respectively until withdrawn, canceled, modified, or otherwise changed in accordance with law.

SECTION 6. AND BE IT FURTHER ORDERED, that any unexpended appropriation for the purpose of financing the Governor’s Office of Crime Prevention, Youth, and Victim Services shall be transferred by approved budget amendment to the Governor’s Office of Crime Prevention and Policy or the Governor’s Office for Children, as appropriate.

SECTION 7. AND BE IT FURTHER ORDERED, that nothing in this Act shall affect the terms of office of a member of any division, board, council, commission, authority, office, unit, or other entity that is transferred by this Act to the Governor’s Office of Crime Prevention and Policy or the Governor’s Office for Children. An individual who is a member of any such entity on the effective date of this Act shall remain a member for the balance of the term to which the member is appointed, unless the member sooner dies, resigns, or is removed under appropriate provisions of law.

SECTION 8. AND BE IT FURTHER ORDERED, that the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, shall correct, with no further action required by the General Assembly, cross-references and terminology rendered incorrect by this Executive Order. The publisher shall adequately describe any correction that is made in an editor’s note following the section affected.

SECTION 9. AND BE IT FURTHER ORDERED, that this Executive Order shall become effective and have the force of law on the 1st day of May, 2024, unless specifically disapproved within 50 days after submission, by a Resolution of Disapproval concurred in by a majority vote of all members of either House of the General Assembly.

Administrative History

Effective Date: January 18, 2024.

COMAR 01.01.2024.05 Establishing the Governor’s Office for Children and the Governor’s Office of Crime Prevention and Policy

(Rescinds Executive Order 01.01.2020.01)

A. In this Executive Order, the following terms have the meanings indicated:

(1) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(2) “Fund” means the Children’s Cabinet Interagency Fund.

(3) “Plan” means the three-year plan prepared and annually updated by the Children’s Cabinet.

(4) “Special Secretary” means the Special Secretary of the Governor’s Office for Children.

B. Governor’s Office for Children

(1) The Governor's Office for Children is hereby established as a separate unit within the Executive Department to provide a coordinated, comprehensive, interagency approach to promoting the well-being of children and families through a network of supports, programs and services that is family and child-oriented and reducing the number of children living in poverty.

(2) Special Secretary of the Governor’s Office for Children.

(a) The Governor’s Office for Children shall be managed by the Special Secretary who:

(i) Is responsible for the daily operation and administration of the Governor’s Office for Children;

(ii) Chairs the Children's Cabinet, leading interagency processes to develop and implement coordinated State policies and programs designed to improve the well-being of children and families; and

(iii) Is appointed by and serves at the pleasure of the Governor.

(b) The Special Secretary shall:

(i) Advise the Governor on policies related to the well-being of children and families, including economic mobility;

(ii) Represent the Governor on boards, commissions, and councils as directed by the Governor or as required by law;

(iii) Promote values, policies and practices that continually advance the well-being of Maryland's children and families; and

(iv) Leverage federal initiatives and programs to support Maryland’s children and families.

(3) Staffing. The Governor's Office for Children shall be composed of professional staff appointed by the Special Secretary and by professional staff liaisons from State agencies.

(4) Duties. The Office shall:

(a) Inform and support the work of the Children’s Cabinet;

(b) Promote values, policies and practices that continually advance the well-being of Maryland’s children and families;

(c) Partner with local management boards to plan, coordinate, and monitor the delivery of integrated services along the full continuum of care and oversee the use of Children’s Cabinet Interagency funds in accordance with policies and procedures established by the Children’s Cabinet; and

(d) Assist the Children’s Cabinet in the allocation of any funds assigned to the Children’s Cabinet for distribution as grants to any State agency, local government or organization, local management board or private organization.

(5) All State departments, agencies, commissions, and boards are authorized and directed to cooperate with the Governor’s Office for Children in implementing the provisions of this Executive Order.

C. There is a Children’s Cabinet administered by the Governor’s Office for Children.

(1) Membership and Procedures.

(a) The Children’s Cabinet shall consist of:

(i) The Secretary of Budget and Management;

(ii) The Secretary of Disabilities;

(iii) The Secretary of Health;

(iv) The Secretary of Human Services;

(v) The Secretary of Juvenile Services;

(vi) The State Superintendent of Schools;

(vii) The Secretary of Higher Education;

(viii) The Secretary of Labor;

(ix) The Secretary of Housing and Community Development;

(x) The Secretary of Service and Civic Innovation; and

(xi) The Special Secretary of the Governor’s Office for Children.

(b) The Special Secretary of the Governor’s Office for Children shall serve as Chairperson and be responsible for the administration and operation of the Children’s Cabinet.

(d) The Governor’s Office for Children shall staff the Children’s Cabinet as necessary.

(2) Duties and Responsibilities. The Children’s Cabinet shall:

(a) Promote the vision of the State for a stable, safe, and healthy environment for children and families, including by:

(i) Coordinating policies and programs targeting child poverty, including place-based strategies designed to provide “cradle to career” access to high quality education and care; connect workers to high quality jobs; enable family-sustaining income and access to affordable high quality housing, child care and health care, including reproductive, maternal, behavioral and mental health care; and increase community health and safety;

(ii) Developing a cross-agency strategy to increase access to and improve the delivery of services through federal and State programs designed to support children and families, including income supports, nutrition, housing, child care and health care programs, including mental, maternal, and infant health, and substance use programs;

(iii) Working with the Maryland State Department of Education and the Maryland Accountability and Implementation Board to ensure successful implementation of the Blueprint for Maryland’s Future;

(iv) Developing a cross-agency strategy for educator preparation programs to recruit, train, and support high quality educators;

(v) Developing a cross-agency strategy to increase access to and improve early care and education;

(vi) Developing a cross-agency strategy to increase access to and completion of high quality education and training programs that lead to good jobs;

(vii) Working with the Departments of Disabilities, Juvenile Services, Human Services, State Department of Education, and the Higher Education Commission to ensure aligned support for students with disabilities, and justice and welfare system-involved youth; and

(viii) Working with the Departments of Health and Human Services to expand access to high quality maternal, infant, and child health care.

(b) Provide a regular forum for State agencies responsible for implementing the vision of the State to meet and develop coordinated policy recommendations for the Governor; and

(i) Establishes priorities and strategies for the coordinated delivery of State interagency services to children and families;

(ii) Includes best practices for implementation of systems of care that are child centered and family focused, based on individual strengths and needs; and

(iii) Is coordinated with any other approved State plans relating to services for children and families.

(3) Reports. The Children’s Cabinet shall submit the three-year Plan to the Governor on or before December 1, 2024.

D. The Children’s Cabinet Interagency Fund

(1) The Children’s Cabinet may accept federal grants or allocations for the benefit of and to be appropriated, transferred, credited, or paid into the Fund.

(2) The Children’s Cabinet shall review and approve applications for grants from the Fund.

(3) Disbursements from the Fund shall:

(a) Be made to local subdivisions that have local management boards;

(b) Be made to organizations that support and enhance the work of the Children’s Cabinet; and

(4) The Children’s Cabinet shall ensure that all programs funded by the Fund are implemented in accordance with the three-year Plan and policies and procedures adopted pursuant to this Executive Order.

E. Governor’s Office of Crime Prevention and Policy

(1) The Governor’s Office of Crime Prevention and Policy is hereby established as a separate unit within the Executive Department.

(2) Executive Director.

(a) The Governor’s Office of Crime Prevention and Policy shall be managed by an Executive Director who:

(i) Is responsible for the daily operation and administration of the Governor's Office of Crime Prevention and Policy; and

(ii) Is appointed by and serves at the pleasure of the Governor.

(b) The Executive Director shall:

(i) Advise the Governor on crime prevention and victim services;

(ii) Represent the Governor on boards, commissions, and councils as directed by the Governor or as required by law;

(iii) To promote public safety, crime prevention, and victim services within Maryland, coordinate interagency activities throughout the State and with:

Local and federal governments;
Local, regional, and federal counterpart organizations;
Private nonprofit organizations; and
The public;

(iv) Ensure that the State is a full and active partner in federal and State crime control and prevention and victim services grants and programs; and

(v) Leverage federal initiatives and innovations to support Maryland’s public safety, crime prevention and victim services policies.

(3) The Governor’s Office of Crime Prevention and Policy shall be composed of professional staff appointed by the Executive Director and as provided for in the State budget.

(4) The Governor’s Office of Crime Prevention and Policy shall:

(a) Direct and coordinate:

(i) Interagency and intergovernmental public safety, crime prevention, and victim services policies and programs within the State, paying special attention to key linkages between federal, State, regional, subdivision, and local activities; and

(ii) The application, allocation, and use of federal and State funds designated for services to law enforcement, victims and witnesses of crimes, and facilitate the delivery of such services;

(b) Advise and provide recommendations to the Governor:

(i) About policies, strategies, legislation, budgets, and measures to improve public safety, crime prevention, and victim services within the State; and

(ii) To streamline existing committees, commissions, agencies, or departments to prevent redundancy or enhance efficiency;

(c) With the cooperation and collaboration of appropriate State units, prepare a three-year Comprehensive State Crime Prevention Plan, which shall be:

(i) Submitted to the Governor by December 1, 2024; and

(ii) Annually updated;

(d) Serve as the State unit:

(i) Designated as the state administering agency for the United States Departments of Justice and Health and Human Services in the application for, and administration of, federal and State funds for public safety, crime prevention, and victim services programs; and

(ii) Administratively responsible for the preparation, management, and reporting functions with respect to the State plan required by the federal Juvenile Justice and Delinquency Prevention Act;

(e) Assign staff to Maryland’s Juvenile Grant Planning and Review Council as the designated juvenile justice specialist required by federal law and regulations to perform functions that ensure compliance with federal standards for detention of juveniles in secure detention facilities or correctional facilities;

(f) Provide technical assistance for the public safety and crime prevention activities and programs of State and local units of government, private nonprofit organizations, and local communities;

(g) Encourage coordinated local crime prevention plans; and

(h) Perform such additional duties as may be assigned by the Governor.

F. Maryland Statistical Analysis Center.

(1) There is a Maryland Statistical Analysis Center within the Governor’s Office of Crime Prevention and Policy.

(2) The Maryland Statistical Analysis Center shall:

(a) In regards to State and local data on public safety, crime control and prevention, and victim services:

(i) Coordinate its collection and analysis with State and local units of government;

(ii) Ensure its timeliness and accuracy;

(iii) Interpret and utilize such data; and

(iv) Provide and coordinate its sharing with the Federal Bureau of Justice Statistics and other units of federal and state governments;

(b) Produce statistical reports on public safety, crime prevention, and victim services;

(i) Research, technical assistance, and statistics about public safety, crime prevention, and victim services; and

(ii) Appropriate access to federal resources with statistical information about public safety, crime control and prevention, and victim services;

(d) Promote the development of systems that track statistics for public safety, crime prevention, and victim services in Maryland;

(e) Serve as an information center and repository for data and documents about public safety, crime prevention, and victim services programs;

(f) Provide support to the Criminal Justice Information Advisory Board; and

(g) Perform such additional duties as may be assigned by the Governor.

G. Except as otherwise provided by law or this Executive Order, all existing policies and procedures, contracts, property, and other duties and responsibilities associated with the Governor’s Office of Crime Prevention, Youth, and Victim Services established under Executive Order 01.01.2020.01, shall continue in effect under the renamed Governor’s Office of Crime Prevention and Policy, the reestablished Governor’s Office for Children, and the Children’s Cabinet, respectively, unless completed, withdrawn, canceled, or modified or otherwise changed pursuant to law.

H. In any other Executive Order:

(1) “Governor’s Office of Crime Control and Prevention” means the Governor’s Office of Crime Prevention and Policy;

(2) “Executive Director of the Governor’s Office of Crime Control and Prevention” means the Executive Director of the Governor’s Office of Crime Prevention and Policy;

(3) “Governor’s Office of Crime Prevention, Youth, and Victims Services” means the Governor’s Office of Crime Prevention and Policy;

(4) “Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victims Services” means the Executive Director of the Governor’s Office of Crime Prevention and Policy; and

(5) “Executive Director of the Governor’s Office for Children” means the Special Secretary of the Governor’s Office for Children;

I. All units of the State subject to the control and direction of the Governor are authorized and directed to cooperate with, and provide such data and other information as may be allowed by law, to the Executive Director of the Governor’s Office of Crime Prevention and Policy and the Special Secretary of the Governor’s Office for Children for the purpose of implementing the provisions of this Executive Order.

J. This Executive Order may not be construed to alter the designation of, or grant authority to, any unit of State or local government for the purposes of federal law.

K. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: January 18, 2024.

Cross References

01.01.2024.06(1)

14.31.04.02B(4)

COMAR 01.01.2024.04 Re-establishing the Joint Enforcement Task Force on Workplace Fraud

A. Establishment. There is a Joint Enforcement Task Force on Workplace Fraud (“Task Force”).

B. Definition. For purposes of this Executive Order, “workplace fraud” means an employer's failure to properly classify an individual as an employee in violation of applicable law.

C. Membership. The Task Force shall consist of:

(1) The Secretary of Labor or the Secretary's designee;

(2) The Comptroller or the Comptroller's designee;

(3) The Attorney General or the Attorney General's designee;

(4) The Chair of the Workers' Compensation Commission or the Chair's designee;

(5) The Insurance Commissioner or the Commissioner's designee;

(6) The Director of Department of Assessments and Taxation, or the Director’s designee;

(7) The Commissioner of the Division of Occupational and Professional Licensing, or the Commissioner’s designee;

(8) The Commissioner of Labor and Industry, or the Commissioner’s designee; and

(9) The Assistant Secretary for the Division of Unemployment Insurance or the Assistant Secretary’s designee.

D. Procedures.

(1) The Secretary of Labor, or the Secretary's designee shall serve as the Chair of the Task Force.

(2) Members of the Task Force may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

(3) The Department of Labor shall provide publication, operational, and other support as needed to the Task Force.

(4) The Task Force may identify and add members from governmental units whose participation would further its mission.

(5) Consistent with the law, the Task Force may obtain information and cooperation from other governmental units.

E. Duties. The Task Force shall coordinate the investigation and enforcement of workplace fraud. In fulfilling this mission, the Task Force shall have the following powers and duties:

(1) To facilitate among Task Force members, and obtain from other governmental units, the timely sharing of information related to suspected workplace fraud to the maximum extent permitted by law, including maintaining an inter-agency online platform to share such information;

(2) To pool, focus, and target investigative and enforcement resources;

(3) To assess existing methods and best practices, in both Maryland and other jurisdictions, with respect to workplace fraud prevention and enforcement, and to recommend that participating agencies adopt appropriate measures to improve their prevention and enforcement efforts;

(4) To enter into partnerships and agreements with other jurisdictions to facilitate cross-jurisdictional investigations and enforcement activities;

(5) To work with academics and experts to study the issues of workplace fraud and develop models to quantify the true costs of these practices to workers, to law-abiding employers and businesses and to the State;

(6) To develop strategies for systematic investigations of workplace fraud, including within those industries and worker demographics in which workplace fraud is most common;

(7) To identify and facilitate enforcement actions against potential violators, including but not limited to actions to seek all appropriate remedies under applicable employment, business, tax, licensing and consumer protection laws;

(8) To identify significant cases of workplace fraud that should be investigated and addressed collaboratively, and to form joint enforcement teams to utilize the collective investigative and enforcement capabilities of the Task Force members;

(9) To establish protocols, consistent with applicable law, through which individual Task Force participating agencies investigating workplace fraud matters under their own statutory or administrative schemes will refer appropriate matters to other agencies for assessment of potential liability under all relevant statutory or administrative schemes;

(10) To establish referral procedures and solicit the cooperation and participation of local state’s attorneys and other law enforcement related agencies, where appropriate;

(11) To coordinate efforts with federal agencies and agencies of other states or jurisdictions involved in combating workplace fraud;

(12) To work cooperatively with business, organized labor, and community groups interested in reducing workplace fraud by:

(a) Coordinating effective outreach to businesses, and small businesses in particular, including preparing notices and educational materials relating to the business’s legal obligations under employment, business, tax and consumer protection laws; and

(b) Enhancing mechanisms to identify and report workplace fraud; and

(13) To work cooperatively with federal, State. and local social service agencies to provide assistance to individuals who have been harmed by workplace fraud; and

(14) To consult with representatives of business, organized labor, and other agencies to improve and expand the operation and effectiveness of the Task Force and its members.

F. Reporting. The Task Force shall issue a report to the Governor by December 31 of each year which shall:

(1) Describe the record and accomplishments of the participating agencies of the Task Force, including the amounts of wages, premiums, taxes, and other payments or penalties collected, as well as the number of employers cited for legal violations related to workplace fraud and the approximate number of employees affected;

(2) Identify any administrative or legal barriers impeding the more effective operation of the Task Force, including any barriers to information sharing or joint action;

(3) Propose, after consultation with representatives of business, organized labor, members of the General Assembly, and other affected agencies, appropriate administrative, legislative, or regulatory changes to:

(a) Reduce or eliminate any barriers to the Task Force's operations;

(b) Enhance the investigation, enforcement, and prevention of workplace fraud; and

(4) Identify successful strategies for preventing workplace fraud that reduce the need for greater enforcement.

G. Every agency, department, office, division, or public authority of the State shall cooperate with the Task Force and, to the fullest extent permitted by law, shall furnish such information and assistance as the Task Force determines is reasonably necessary to accomplish its purpose.

I. If a State entity is subject to a federal law or regulation that conflicts with this Executive Order, the federal law or regulation shall take precedence.

Administrative History

Effective: January 9, 2024

COMAR 01.01.2024.02 Catalyzing the Responsible and Productive Use of Artificial Intelligence in Maryland State Government

A. Definitions. In this Executive Order, the following terms have the meaning indicated.

The term “artificial intelligence” or “AI” has the meaning set forth in 15 U.S.C. § 9401(3): a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action.
The term “generative AI” or “GenAI” refers to AI algorithms and models that can create new content, including audio, code, images, text, and video, based on the data they are trained on.

B. Principles. Any use of AI in Maryland state agencies shall be rooted in the following.

Fairness and equity.

The State’s use of AI must take into account the fact that AI systems can perpetuate harmful biases, and take steps to mitigate those risks, in order to avoid discrimination or disparate impact to individuals or communities based on their race, color, ethnicity, sex, religion, age, ancestry or national origin, disability, veteran status, marital status, sexual orientation, gender identity, genetic information, or any other classification protected by law.

Innovation.

When used responsibly and in human-centered and mission-aligned ways, AI has the potential to be a tremendous force for good. The State commits to exploring ways AI can be leveraged to improve State services and resident outcomes.

Privacy.

Individuals’ privacy rights should be preserved by design in the State’s use of AI, while ensuring that data creation, collection, and processing are secure and in line with all applicable laws and regulations.

Safety, security, and resiliency.

AI presents new challenges and opportunities for ensuring the safety and security of Maryland residents, infrastructure, systems, and data. The State commits to adopting best practice guidelines and standards to surface and mitigate safety risks stemming from AI, while ensuring AI tools are resilient to threats.

Validity and reliability.

AI systems can change over time. The State should have mechanisms to ensure that these systems are working as intended, with accurate outputs and robust performance.

Transparency, accountability, and explainability.

The State’s use of AI should be clearly and regularly documented and disclosed, in order to enable accountability. The outputs of AI systems in use by the State should be explainable and interpretable to oversight bodies and residents, with clear human oversight.

C. Establishment of AI Subcabinet. To ensure these principles are at the root of all AI use by Maryland state government agencies, there is hereby established an AI Subcabinet of the Governor’s Executive Council (the “AI Subcabinet”).

Purpose. The purpose of the AI Subcabinet is to:

a. Promote the principles set forth in this executive order among all units of State government;

b. Provide advice and recommendations to the Governor on matters related to AI; and

c. Facilitate statewide coordination on the responsible, ethical, and productive use of AI, including by recommending approaches and State policies, setting objectives and priorities, structuring workstreams, establishing working groups, and building internal and external partnerships as needed.

Membership. The AI Subcabinet shall include the following members.

a. The Secretary of Information Technology;

b. The Secretary of Budget and Management;

c. The Secretary of General Services;

d. The Secretary of Labor;

e. The Secretary of Commerce;

f. The Director of the Governor’s Office of Homeland Security;

g. The Chief Privacy Officer;

h. The Chief Data Officer;

i. The Senior Advisor for Responsible AI; and

j. Any additional member of the Governor’s Executive Council at the discretion of the Chair.

Chair. The Secretary of the Department of Information Technology shall chair the AI Subcabinet.
The AI Subcabinet may designate working groups from the members’ agencies to assist in the performance of its duties.
Each Executive Branch department and agency is hereby required, to the extent not inconsistent with law, to cooperate fully with the AI Subcabinet, and to furnish such assistance - including data, reports, or other information and assistance - on as timely a basis as is necessary to accomplish the purpose of the Executive Order.

D. AI Action Plan. The AI Subcabinet shall develop and implement a comprehensive action plan that takes a phased approach to operationalizing the State’s AI principles. The elements of this plan shall draw upon emerging and established guidance such as NIST’s AI Risk Management Framework, while acknowledging that global best practices and standards in AI governance are still being formulated and evolving. It will include at a minimum:

A path to establishing policies, processes, standards, contracts, and playbooks that ensure any AI tools procured by the State adhere to the AI principles.
Developing an approach and timeline to embedding risk-based assessments for AI tools into state processes.
Developing an approach and timeline to move towards continuous monitoring of AI tools, to ensure they continue to reflect the state’s adopted values.
An approach to conducting legal analyses on an ongoing basis to evaluate evolving AI impacts to existing laws, policies, and regulations, and any necessary changes therein.

E. Promotion of AI Knowledge, Skills, and Talent in State Government. In order to upskill the state workforce and ensure access to needed AI talent, the AI Subcabinet shall:

Find, evaluate, and offer training programs for state workers on the use of AI, and particularly Generative AI.
Explore ways to provide external AI talent, such as in academic institutions or industry, an opportunity to serve Marylanders and State government agencies via targeted, short-term projects.

F. Recommendations for Critical Domains.

Over time, AI may have particular influence and impact on certain sectors of Maryland’s economy, environment, and society. The AI Subcabinet shall oversee and coordinate efforts to study and provide recommendations to the Governor and the legislature for Maryland-specific approaches in the following critical domains: workforce, economic development, and security.

a. Workforce: Potential impacts of AI on the Maryland workforce in the coming decade and responses - including opportunities to upskill the workforce - in collaboration, as appropriate, with external experts, workers, labor unions, business, and civil society.

b. Economic development: Opportunities and approaches for AI to drive job and business creation and growth in Maryland.

c. Security: Mapping emergent cyber and physical security and resiliency risks to Maryland infrastructure and residents stemming from AI, along with prioritized recommendations.

The AI Subcabinet may determine, at its discretion, any additional sectors that will be identified and studied as critical domains.

G. Identify AI Use Cases and Build Foundational Infrastructure.

The Department of Information Technology shall evaluate relevant infrastructure to safely, securely, and efficiently test AI proofs of concept (PoCs) and pilots.
The Department of General Services, in close consultation and partnership with the Department of Information Technology, shall create a repeatable playbook for running and procuring AI PoCs and pilots in compliance with applicable State laws, regulations, and policies.
The Department of Information Technology, in consultation with the AI Subcabinet, will work with interested agencies to provide support in identifying and prioritizing use cases and executing PoCs/pilots for key areas in line with the Governor’s priorities.

H. Nothing in this Executive Order shall be construed to impair or otherwise affect the authority granted by law to an executive department or agency.

J. If any provision of this Executive Order is held invalid, or its application to a person, event or circumstances is held invalid by any court of competent jurisdiction, all other applications or provisions of the Executive Order shall remain in effect to the greatest extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective: January 8, 2024

COMAR 01.01.2024.01 The Longevity-Ready Maryland Initiative: A Multisector Plan for Longevity

A. Establishment.

(1) The Maryland Department of Aging is hereby directed to develop and implement the Longevity-Ready Maryland Initiative, a multisector plan to evaluate existing services, support, and care options for older adults and recommend a plan of action to address demographic trends, such as the falling birth rate and longer life spans of residents in Maryland.

(2) The Longevity-Ready Maryland Initiative will serve as a blueprint for all sectors to positively transform the aging experience for all Marylanders, through collaboration, partnership, strategic investments, and policy changes.

B. Duties.

(1) The Secretary of the Maryland Department of Aging (“Secretary”) shall convene workgroups to advise the Secretary in developing and implementing the Longevity-Ready Maryland Initiative.

(2) The workgroups shall include representatives from:

a. Area agencies on aging;

b. The older adult community;

c. The Aging Network;

d. Organized Labor;

e. Advocacy organizations for older adults;

f. Caregivers and caregiver advocacy organizations;

g. The private sector;

h. Aging experts from the following disciplines: healthcare, technology, academia, innovation, and philanthropy; and

i. Such other agencies and experts recommended to the Governor by the Secretary as necessary to develop and implement the Longevity-Ready Maryland Initiative.

(3) In selecting workgroup members, the Secretary shall consider:

a. The racial, ethnic, gender, and geographic diversity of Maryland; and

b. The lived and professional experiences of potential members.

(4) The Secretary shall engage and coordinate with independent State agencies, federal, State, and local partners, and, if feasible, private entities to gather information that may assist in the development of the Longevity-Ready Maryland Initiative.

C. The Longevity-Ready Maryland Initiative. The Initiative shall:

(1) Evaluate the utility of existing services, support, and care options for older adults, including those with different abilities;

(2) Review current data and establish a comprehensive framework of policies and programs that seek to improve and support the health, well-being, and quality of life for older adults;

(3) Set forth a plan to transform the infrastructure and coordination of services among State agencies for older adults;

(4) Identify goals with measurable outcomes, necessary to implement the Longevity-Ready Maryland Initiative; and

(5) Include recommendations on:

a. Enhancing coordination among public and private partners on aging-related programs and policies;

b. Increasing coordination between federal, State, and local government programs and services to serve the needs of older adults, their families, and caregivers;

c. Changes to laws, regulations, and policies that will promote capacity building in housing, transportation, long-term care, and caregiver support;

d. Mechanisms to strengthen the direct care workforce and support family caregivers;

e. Long-term care and insurance models for older adults and the feasibility of implementing each;

f. Opportunities to better support cognitive and behavioral health for older adults;

g. Opportunities to improve the economic well-being of older adults;

h. Increasing access to justice for older adults, including combating abuse, neglect, fraud, and exploitation;

i. Creating a more age-integrated State that promotes intergenerational relationships and decreases loneliness across generations;

j. Expanding Maryland’s workforce to include older adults;

k. Funding sources to support any recommended programs or policy changes developed under the Longevity-Ready Maryland Initiative; and

l. Any other aging-related matters identified by the Maryland Department of Aging.

D. Reporting.

(1) By July 1, 2025, the Department of Aging shall submit an interim report to the Governor summarizing the findings and recommendations of the Longevity-Ready Maryland Initiative and provide projected timelines to implement the recommendations.

(2) By July 1, 2025, the Department of Aging and the Department of Planning shall establish a public data dashboard to publish the goals, performance indicators, and progress of the Longevity-Ready Maryland Initiative.

(3) The Department of Aging shall submit a report to the Governor on or before January 1, 2026, and annually by January 1st each year thereafter, outlining the activities and recommendations of the Longevity-Ready Maryland Initiative.

E. Duration. This Executive Order shall remain in effect until December 31, 2035, unless earlier modified or rescinded.

F. State Agency Coordination.

(1) To the extent permitted by law, all units of State government that are under the control of the Governor shall cooperate with and assist the Department of Aging by sharing information and expertise, to develop and implement the Longevity-Ready Maryland Initiative.

(2) Constitutional officers and units of State government that are not under the control of the Governor, like the Comptroller and Attorney General, are invited to contribute and assist the Department of Aging in developing and implementing the Longevity-Ready Maryland Initiative.

G. General Provisions.

Administrative History

Effective Date: January 3, 2024.

01.01.2023 Executive Orders 2023

COMAR 01.01.2023.22 Governor's Workforce Development Board

(Rescinds Executive Order 01.01.2015.19)

A. Establishment. There is a Governor's Workforce Development Board (the “Board”).

B. Duties and Responsibilities.

(1) The Board shall serve as the Governor’s chief strategic and policy-making body for workforce development by engaging key business, labor, education, community, and State and local government leaders to collaborate on business-led workforce approaches that advance Maryland’s economic competitiveness and build pathways to work, wages and wealth for all Marylanders.

(2) The priorities of the Board shall include, but are not limited to:

(a) Building talent pipelines to supercharge growth in Maryland’s key industry sectors;

(b) Addressing barriers to employment experienced by underserved populations;

(c) Expanding access to affordable, high-quality, career-connected experiential learning and industry-recognized credentials, including apprenticeship and career and technical education opportunities;

(d) Aligning systems, services and resources to strategically leverage Maryland’s assets; and

(e) Supporting collaboration with local workforce development boards and other local stakeholders to ensure those closest to workforce challenges are central to the solutions.

(3) The Board shall execute the duties and responsibilities enumerated in the 2014 Act, including:

(a) Help to set and communicate the Governor’s workforce development vision, goals, and strategy;

(b) Align activities of key business, labor, education, workforce development, cabinet and local stakeholders to execute that vision;

(d) Direct or recommend funding to support those activities as appropriate;

(e) Offer policy recommendations to the Governor’s office for consideration;

(f) Support the continuous improvement of workforce development system and program performance;

(g) Develop other policies as may promote statewide objectives for and enhance the performance of the workforce development system in the State;

(h) Assist and advise the Governor on the development, implementation, and modification of the State Plan under the 2014 Act;

(i) Develop the statewide workforce and labor market information system described in the Wagner-Peyser Act; and

(j) Prepare the 2014 Act annual reports.

C. Membership. The Board shall include but is not limited to the following members:

(1) The Governor;

(2) One member of the Maryland Senate, appointed by the President of the Senate;

(3) One member of the Maryland House of Delegates, appointed by the Speaker of the House;

(4) The following Maryland Officials:

(a) The Secretary of Labor;

(b) The Secretary of Commerce;

(d) The State Superintendent of Schools;

(e) Two chief elected officials, who collectively represent both cities and counties, and,

(f) Any individual that may be required by Annotated Code of Maryland, Education §21-209(d); and

(5) Members appointed by the Governor, which must include:

(a) A majority of the Board membership representing businesses in the State including:

(i) At least one representative who is selected from nominations by State business organizations and business trade associations;

(ii) Owners of businesses, chief executives or operating officers of business, or other business executives or employers with optimum policymaking or hiring authority, and who, in addition, may be members of a local workforce development board; and

(iii) Representatives of businesses, or organizations representing businesses described in this section, that provide employment opportunities that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the State; and

(iv) At least one member representing small businesses as defined by the U.S. Small Business Administration.

(b) Not less than 20 percent of the Board membership representing workforce within the State appointed by the Governor including:

(i) At least two representatives of labor organizations nominated by state labor federations;

(ii) At least one representative who is a member of a labor organization or a training director from a joint labor-management apprenticeship program;

(iii) One president from a community college;

(iv) The President of the Maryland Workforce Association; and

(v) Other representatives of the workforce or workforce development community that may include community-based organizations with demonstrated experience and expertise in addressing the employment, training or education needs of youth and adults, particularly those with barriers to employment, such as returning citizens, veterans and individuals with disabilities.

(6) The Board shall also include the following ex officio, non-voting members who are asked to serve in an advisory capacity and to partner on relevant initiatives of the Board:

(a) The Secretary of Aging;

(b) The Secretary of Service and Civic Innovation;

(d) The Secretary of Health;

(e) The Secretary of Housing and Community Development;

(f) The Secretary of Human Services;

(g) The Secretary of Juvenile Services;

(h) The Secretary of Public Safety and Correctional Services;

(i) The Secretary of Transportation; and

(j) The Secretary of Veterans Affairs.

(7) The membership and operations of the Board shall conform to the requirements set forth in the federal Workforce Innovation and Opportunity Act of 2014.

(8) To the extent practicable, the membership of the Board shall reflect the race, gender, age, and geographic diversity of the population of the State.

(9) Members appointed by the Governor under C(5)(a), C(5)(b)(i) through (iii), and C(5)(b)(v) shall serve four-year staggered terms. All other members shall serve so long as they hold the office or designation stipulated under C(1) through (4), C(5)(b)(iv), and C(6).

(10) The Governor shall designate a Chairperson who shall serve at the pleasure of the Governor. The Chairperson shall be a business representative serving pursuant to C(5)(a) and may not be an elected official or an employee of the State of Maryland or any local government.

(11) Members of the Board may not receive any compensation for their service, but may receive reimbursement for reasonable expenses incurred in the performance of their duties in accordance with the State Travel Regulations and as provided in the State budget.

(12) Members of the Board are subject to the State Public Ethics Law and are required to file annual financial disclosures unless otherwise exempted by law.

D. Procedures.

(1) The Board shall hold publicly announced meetings at such times and such places as it deems necessary. The meetings shall be open and accessible to the general public in accordance with Maryland’s Open Meetings Act or other applicable law.

(2) A quorum for voting purposes shall be the presence of a majority of the members of the Board. Board members cannot delegate their authority and cannot send a representative in their place for quorum or voting purposes.

(3) The Board is authorized to obtain such professional, technical, and clerical personnel and assistance as may be necessary to carry out its functions, in accordance with the appropriate State budgetary and administrative requirements.

(4) The Board may establish an Executive Committee composed of members appointed by the Chairperson as designated in the bylaws. At least 51 percent of the members of the Executive Committee must be business members appointed under C(5)(a).

(5) The Board may delegate to the Executive Committee any of the powers of the Board except those powers which are required by law to be exercised by the Board. The Chairperson may also appoint ad-hoc committees as appropriate as provided in the bylaws.

(6) Board members who do not attend at least two-thirds of the scheduled Board meetings in a twelve month period are considered to have resigned unless a waiver is granted by the Governor.

(7) The Board members and staff shall collaborate with staff of the State’s workforce development agency on workforce development strategies, policies, and programs as needed to ensure that the Board’s functions regarding statewide strategy, policy, partnerships and workforce system governance are well-coordinated with the operations of key workforce development programs, and to ensure that Maryland’s businesses, residents, local workforce development boards and other workforce development stakeholders experience a coherent and coordinated workforce system that supports economic competitiveness, talent pipelines for businesses, and access to opportunity for all Marylanders.

(8) The Board is authorized to explore public-private partnership opportunities and, as it deems necessary, to establish processes or mechanisms, conforming with State law, by which to accept financial resources from philanthropic organizations to support the Board’s capacity to conduct activities related to the responsibilities above.

E. Reporting: The Board shall submit an annual report to the Governor and the General Assembly as soon as possible after January 1 of each year.

F. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding

Administrative History

Effective Date: December 21, 2023.

COMAR 01.01.2023.21 Maryland’s Office of Overdose Response

(Rescinds Executive Orders 01.01.2022.07, 01.01.2022.05, 01.01.2018.30, 01.01.2017.01, and 01.01.2015.13)

A. Maryland’s Office of Overdose Response

(1) There is a Maryland’s Office of Overdose Response (the “Office”) within the Maryland Department of Health.

(2) The Office shall be managed by a Special Secretary of Overdose Response, who serves at the pleasure of the Governor. The Special Secretary shall:

(a) Direct the daily operation and administration of the Office;

(b) Act as a coordinating liaison to the Maryland Overdose Response Advisory Council;

(d) Coordinate with federal and local governments to strengthen overdose prevention and response programs and initiatives.

(3) Staffing. The Special Secretary shall select, organize, and direct the staff of Maryland’s Office of Overdose Response.

(4) Duties. The Office shall be responsible for the following activities:

(a) Facilitate statewide coordination of overdose prevention and response efforts across Maryland’s 24 local jurisdictions and State agencies;

(b) Coordinate the interagency process to develop the Governor's policy agenda affecting overdose prevention and response programs and initiatives;

(c) Support local jurisdictions through grant funds to their Overdose Prevention Teams, as established by Section C, below;

(d) Conduct and coordinate public outreach on behalf of the Governor to encourage greater involvement and participation by community organizations and constituent groups;

(e) Assist in the identification of funding opportunities for State and local agencies and community organizations to implement initiatives that further the State’s goal of reducing overdose morbidity and mortality;

(f) Coordinate and consult on matters relating to overdose prevention and response initiatives across State government; emphasize communication and cooperation with federal and local governments on all overdose-related concerns; and provide recommendations to enhance intergovernmental prevention and response efforts;

(g) Coordinate and facilitate data sharing among State and local sources while maintaining the privacy and security of sensitive personal information; and

(h) Provide staff to the Maryland Overdose Response Advisory Council.

(5) Maryland’s Office of Overdose Response is the successor agency of the Opioid Operational Command Center.

B. Overdose Prevention Teams

(1) Prior to receiving funds from the Office, each county and the City of Baltimore shall establish an Overdose Prevention Team that meets at least quarterly and reports activities and data to Maryland’s Office of Overdose Response annually.

(2) An Overdose Prevention Team shall include, but is not limited to, individuals with experience in:

(a) Health;

(b) Social services;

(d) Public safety agencies, including law enforcement, fire service, and emergency services;

(e) Harm reduction programs;

(f) Recovery support programs;

(g) Substance use treatment; and

(h) Community and faith-based organizations.

C. Maryland Overdose Response Advisory Council

(1) There is a Maryland Overdose Response Advisory Council (the “Council”).

(2) Membership.

(a) The Council shall include individuals from the following State agencies:

(i) Maryland’s Office of Overdose Response;

(ii) Department of Health;

(iii) Department of Human Services;

(iv) Department of Housing and Community Development;

(v) Department of Labor;

(vi) Department of Commerce;

(vii) Department of Education;

(viii) Department of Public Safety and Correctional Services;

(ix) Department of Juvenile Services;

(x) Department of Emergency Management;

(xi) Department of Veterans Affairs;

(xii) Department of Aging;

(xiii) Department of Disabilities;

(xiv) Governor’s Office of Crime Prevention, Youth and Victim Services;

(xv) Institute for Emergency Medical Services Systems;

(xvi) Office of the Public Defender;

(xvii) Maryland Judiciary; and

(xviii) Maryland State Police.

(b) Staff members from the Offices of the Governor and Lieutenant Governor will also be regular participants.

(3) Duties. The Council shall:

(a) Facilitate data sharing among respective agencies;

(b) Identify emerging challenges related to the provision of substance use disorder services and develop recommendations to address those challenges;

(d) Share data related to equity among all relevant agencies;

(e) Coordinate the implementation of recommendations of Maryland’s Commission for Health Equity related to overdose mortality and the Racial Disparities in Overdose Taskforce; and

(f) Submit a report to the Governor annually by November 1.

(4) Procedures.

(a) The Lieutenant Governor shall chair the Council. The Chair shall:

(i) Oversee the work of the Council;

(ii) Determine the Council’s agenda; and

(iii) Identify additional support as needed.

(b) The Council shall meet on a quarterly basis, at minimum.

(d) The Council may adopt other procedures as necessary to ensure the orderly transaction of business.

(e) Members from the Offices of the Governor and Lieutenant Governor will be regular participants.

(f) Other state agencies as needed.

(5) Maryland’s Office of Overdose Response shall provide staff to the Council.

D. All State departments, agencies, commissions, and boards are directed to cooperate with Maryland’s Office of Overdose Response in implementing the provisions of this Executive Order, including but not limited to, sharing relevant data.

E. Reports. Maryland’s Office of Overdose Response shall submit a report to the Governor and the public in the form of an interagency coordination plan by December 1, 2024, and thereafter annually by December 1.

G. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: December 14, 2023.

COMAR 01.01.2023.20 State of Preparedness

A. Definitions. In this Executive Order, the following terms have the meaning indicated.

(1) “State Agency” means a department, agency, commission, board, council or other body of state government subject to the direction and supervision of the Governor.

(2) “State Coordinating Functions” provide the structure for coordinating State interagency support for State preparedness, response, and recovery efforts. They are comprised of one or more Lead State agencies and one or more Support State agencies as defined in the Maryland Consequence Management Operations Plan.

(3) “Public Emergency” as defined in the Maryland Emergency Management Act, Md. Code, Public Safety Article, § 14-301.

B. Declaring a State of Preparedness. When the Governor determines there is significant risk of a Public Emergency, the Governor by Executive Order may declare a State of Preparedness.

C. Upon declaring a State of Preparedness, the Department of Emergency Management shall, as necessary:

(1) Establish a common operating understanding of the incident or event’s level of risk as supported by information provided by State Coordinating Functions, county emergency management officials, and other credible sources;

(2) Convene State Coordinating Function leads and county emergency management officials;

(3) Convene a Senior Policy Group to streamline critical decisions and advise the Governor related to the risk, potential impacts, and preparedness actions of State Government; and

(4) Coordinate resource management in accordance with established systems to provide quick response in the event an emergency develops.

D. Under a State of Preparedness, State Agencies, through each State Coordinating Function, shall at a minimum:

(1) Provide all known or available information pertinent to the identified risk and associated hazards to the Maryland Department of Emergency Management to support its development of a common operating understanding for the potential emergency incident or event;

(2) Make available their existing subject matter experts related to the risk, potential hazards, and potential emergency responses;

(3) Assign personnel to an Advance Team, State Emergency Operations Center activation, or other coordinating entity identified by the Maryland Department of Emergency Management as requiring support; and

(4) Seek to fulfill resource requests with existing State resources prior to requesting aid from the Maryland Department of Emergency Management without limiting resource fulfillment to only those assets within the direct control of the department or agency assigned the request.

E. Nothing herein shall limit, abrogate, or preempt local authority for responding to an emergency unless:

(1) the emergency involves more than one political subdivision and one or more of the political subdivisions involved makes a request for State-level authority to coordinate or intervene;

(2) the political subdivision or subdivisions in which the emergency occurs issues a request from the senior elected official for the State to assume authority for the emergency;

(3) evidence exists that the political subdivision is overwhelmed by the emergency; or

(4) the Governor or the Governor's designee determines that additional resources are necessary to protect the public interest.

F. Nothing herein shall be construed to limit or abrogate the ongoing existing responsibilities of executive branch state agencies to coordinate, prepare and plan for emergencies and imminent threats and hazards to the state in coordination with the Maryland Department of Emergency Management.

G. At all times, in the absence of a declaration, State of Preparedness, or State of Emergency, executive branch state agencies will coordinate with the Maryland Department of Emergency Management for the public peace, safety and health of the State of Maryland, by engaging in emergency preparedness, disaster risk reduction, and consequence management operations and activities of the state as defined in the Maryland Department of Emergency Management’s Consequence Management Operations Plan and State of Maryland Hazard Mitigation Plan.

H. A State of Preparedness shall terminate:

(1) within thirty days (30);

(2) upon a State or federal declaration of a State of Emergency;

(3) upon a Presidential Disaster Declaration; or

(4) upon the Governor’s rescinding of the State of Preparedness.

Administrative History

Effective Date: November 20, 2023.

COMAR 01.01.2023.19 Procurement Guidelines: Authorizing Project Labor Agreements for Large-Scale Public Work Contracts and Promoting Apprenticeship Agreements and Community Hiring

(Rescinds Executive Order 01.01.2013.05)

(Amended by Executive Order 01.01.2024.18)

B. Definitions. The following words have the meanings indicated:

“Community Benefit Agreement” means a contract signed by one or more recognized community association(s) and a labor organization that requires the labor organization to provide specific amenities, mitigations, economic impacts, local workforce training guarantees and/or other benefits in exchange for community support of a project.
“Construction” means the (1) process of building, altering, improving, or demolishing an improvement to real property and (2) includes any major work necessary to repair, prevent damage to, or sustain existing components of an improvement to real property, as defined in Md. Code Ann., State Fin. & Proc. § 11-101(f)(1)-(2).
“Labor Organization” means a labor organization as defined in Md. Code Ann., State Gov't § 20-601(i)(1)-(2) of which building and construction employees are members.
“Large-scale public work contract” means a contract for construction of a public work, as defined in Md. Code Ann., State Fin. & Proc. § 17-201(k), for which the total monies committed by the State, including direct funding, issuance of bonds, and tax increment financing is $20 million or more.
“Project Labor Agreement” is a pre-hire collective bargaining agreement between the successful bidder on a large-scale public work contract and one or more labor organizations that establishes terms and conditions of employment for all crafts performing work on a specific construction project.
“Recognized Community Association” means a community group located in an area impacted by the large-scale public work contract that is organized collectively around particular interests for the purpose of addressing issues and interests common to that community.
“Registered Apprenticeship Program” means a program that is registered with, and approved by, the U.S. Department of Labor or the Maryland Department of Labor, evidenced by a certificate of registration or other appropriate document as meeting the apprenticeship standards.
“Socioeconomic Procurement Programs” refer collectively to the State’s Minority Business Enterprise Program; Veteran-owned Small Business Enterprise Program; and Small Business Reserve Program.
“Socioeconomic Procurement Program Goals” refer to the State’s goals of directing 29% of all procurement expenditures towards certified Minority Business Enterprise firms and 1% towards certified Veteran-Owned Small Business Enterprise firms.
“Unit of State government” means an agency or unit of the Executive Branch of State government.

Authorizing Project Labor Agreements for Large-Scale Public Work Contracts

The potential for labor disruptions, such as strikes, lockouts, or slowdowns, which could affect completion of the project;
The number of trades and crafts anticipated to be used on the project;
The need and urgency of the project and the harm to the public if completion of the project is delayed;
The size and complexity of the project;
The funding sources for the project and whether the project includes federal funds;
The impact on project costs, if any, and the State’s obligation to encourage maximum practicable competition favoring open competitive bidding during the procurement process;
The impact on the State’s socioeconomic policies, including the policy to advance women and minority-owned businesses and their ability to compete.

G. The decision to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract shall be made prior to selecting the method of contracting for the project and shall be supported by written findings that clearly demonstrate how the use of a project labor agreement will benefit the project and the interests of the public and the State from a cost-effective, efficiency, quality, safety and timeliness standpoint. The fact that a project labor agreement will be used or included as an evaluation factor shall be set forth in the solicitation of bids issued for the project.

Requirements for Project Labor Agreements

H. Any project labor agreement reached pursuant to this Order shall:

Bind all contractors and subcontractors on the construction project through the inclusion of appropriate bid specifications in all relevant solicitation provisions and contract documents;
Allow all union and non-union contractors, subcontractors, and material suppliers who agree to abide by the terms of the project labor agreement to compete for work to be performed and materials to be provided without regard to whether they are otherwise parties to collective bargaining agreements;
Contain guarantees against strikes, lockouts, slowdowns, or other similar disruptions;
Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising before the work is completed;
Guarantee equal opportunities in employment and prohibit discrimination in recruiting, interviewing, hiring, upgrading, setting work conditions, or discharging employees or workers as required by federal and State law;
Demonstrate access to a reliable supply of properly trained labor personnel who possess the requisite skill and safety training to ensure successful project delivery;
Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality or work, safety, and health;
Outline a diversity plan that details efforts and commitments to conduct outreach and recruitment for employment and apprenticeship positions in the large-scale public work contract for minority group members, members of disadvantaged communities, and women; and
Outline a plan that details how expenditures for the large-scale public work contract will support the State’s Socioeconomic Procurement Program Goals.
Fully conform to all State and federal statutes, regulations, and executive orders.

Incorporating Community Benefit Agreements

Project Labor Agreements Not Required

J. This Order does not require a unit of State government to use or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract.

K. This Order does not promote the selection of any union, trade council, or labor organization.

Apprenticeship Programs for Public Projects and Public-Private Partnerships

The number of trades and crafts anticipated to be used on the project;
The need and urgency of the project and the harm to the public if completion of the project is delayed;
The size and complexity of the project;
The impact on project costs, if any, and the State’s obligation to encourage maximum practicable competition favoring open competitive bidding during the procurement process;
The impact on the State’s socioeconomic procurement program policies, including the policy to advance women and minority-owned businesses and their ability to compete; and
The impact on workforce development and construction and the potential for generating skills training and employment opportunities for state residents.

P. The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership shall be made prior to selecting the method of contracting for the project or partnership and shall be supported by written findings that set forth the justification.

Specify whether such qualifications are mandatory or will be used as an evaluation factor in awarding the contract; and
State any applicable apprenticeship utilization targets or thresholds that will be considered in the determination.

R. The Maryland Department of Labor shall determine whether a proffered apprenticeship program is in compliance with applicable program requirements before the contracting agency makes a decision.

T. The bidder’s fulfillment of the requirements under section (S) of this Order must be approved by the State unit overseeing the project.

Community Hiring in High Unemployment Areas

A written finding that sets forth the reasons supporting the decision
A definition of “high unemployment area” and delineation of that area for purposes of the procurement or public notice of solicitation; and
An explanation of how the proffer of a community hiring, training, and/or outreach plan will be evaluated and weighed in the procurement or public notice of solicitation.

General Provisions

Administrative History

Effective Date: November 17, 2023.

Cross References

01.01.2024.18

COMAR 01.01.2023.18 Preventing Suicide Among Military Service Members, Veterans and Their Families

A. The Secretary of Health and the Secretary of Veterans Affairs, or their respective designees (the “Secretaries”), shall jointly lead Maryland’s efforts to prevent suicide among service members, veterans and their families.

B. The Secretaries of Health and Veterans Affairs shall convene an annual meeting at a time and place to be determined, to discuss and assess the State’s efforts to prevent suicide among service members, veterans and their families.

C. Within 30 days of the issuance of this Executive Order, the Secretaries of Health and Veterans Affairs shall conduct a review of the State’s short term suicide prevention strategy to identify any necessary adjustments.

D. Thereafter, in cooperation and in consultation with the appropriate State Agencies, the Secretaries shall launch a statewide “Ask the Question” campaign to provide standardized tools to all State Agencies, local governments, private sector entities, and non-profit organizations to screen constituents and customers for a military service connection in order to provide opportunities for appropriate referrals and assessment for suicide risk.

E. The Secretaries shall, though outreach and other appropriate means, elevate awareness of available funding for Maryland counties to advance goals set forth in the Governor’s Challenge, including developing a coordinated intervention plan to respond to service members, veterans, and their families experiencing mental health crises, and help identify counties ready to implement the Challenge.

F. The Secretaries shall engage with the VA and SAMHSA to facilitate community and State-level efforts to prevent suicide by service members, veterans, and their families, using all available resources.

G. Every agency, department, office, division, or public authority of the State shall cooperate with the Secretaries, and, to the fullest extent permitted by law, shall furnish such information and assistance as the Secretaries determine is reasonably necessary to accomplish the purposes of this Executive Order.

Administrative History

Effective Date: November 9, 2023

COMAR 01.01.2023.17 Commission to Establish a Memorial to Veterans of the Global War on Terrorism

A. Establishment. There is a Commission to Establish a Memorial to Veterans of the Global War on Terrorism.

B. Membership. The Commission consists of the following members:

(1) the Secretary of Veterans Affairs, or the Secretary’s designee, who shall serve as Chair of the Commission;

(2) the Secretary of General Services, or the Secretary’s designee;

(3) two representatives of the Maryland Veterans Commission, designated by the Secretary of Veterans Affairs;

(4) four representatives of veteran services organizations, designated by the Secretary of Veterans Affairs; and

(5) one representative of the Maryland National Guard, designated by the Adjutant General of Maryland.

C. Duties. The Commission shall:

(1) Provide recommendations for the funding, design, construction, and placement of an appropriate memorial dedicated to Marylanders who fought in the Global War on Terrorism and their families;

(2) On or before April 1, 2024, submit a preliminary report on its findings and recommendations to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly; and

(3) On or before December 1, 2024, submit a final report on its findings and recommendations to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly.

D. Operational Support. The Department of Veterans Affairs shall provide staff for the Commission.

E. Expenses. A member of the Commission may not receive compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, as provided in the State budget.

F. Procedures.

(1) The Commission Chair may convene meetings of the Commission and shall preside over the meetings.

(2) The Commission shall conduct its first meeting following the submission of the final report of the Commission to Establish a Maryland Women Veterans Memorial.

(3) The Commission shall meet as often as its duties require.

(4) A majority of the Commission members shall constitute a quorum for the transaction of any business;

(5) The Commission may adopt such other procedures and by-laws as may be necessary to ensure the orderly transaction of business.

G. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.

H. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: November 9, 2023.

COMAR 01.01.2023.16 State of Maryland Workplace Substance Abuse Policy

(Rescinds Executive Order 01.01.1991.16)

A. Scope. This policy applies to all individuals employed by the Executive Branch of the Maryland State Government.

B. Definitions. The following words have the meanings indicated:

“Alcohol” means any form of ethanol, or any beverage or substance containing ethanol.
“Alcohol-Related Offense” means a crime that requires alcohol possession or consumption as an element of the offense.
“Cannabis” means the plant Cannabis Sativa L. and any part of the plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration greater than 0.3% on a dry weight basis. Cannabis includes cannabis products but does not include hemp or hemp products as defined by § 14–101 of the Agriculture Article.
“Cannabis-Related Offense” means any crime that involves the use, sale, possession, distribution, dispensation, manufacture, or transfer of cannabis under Md. Code Ann., Crim. Law §§ 5-101 through 5-1101, excluding civil use offenses set forth in Crim. Law 5-601(c)(2)(ii).
“Controlled Dangerous Substance” means any substance, excluding cannabis, that is controlled under the Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., as amended, and/or the Maryland Controlled Dangerous Substances Act, Md. Code Ann., Crim. Law §§ 5-101 through 5-1101.
“Controlled Dangerous Substance Offense” means:

a. A controlled dangerous substance violation, under Md. Code Ann., Crim. Law §§ 5-101 through 5-1101.

b. An offense of the law of any other jurisdiction if the prohibited conduct would be a controlled dangerous substance violation if committed in this State;

c. Driving or attempting to drive while under the influence of a controlled dangerous substance under Md. Code Ann., Transp. § 21-902; or

d. Operating or attempting to operate a vessel while impaired by a controlled dangerous substance under Md. Code Ann., Nat. Res. § 8-738.

“Conviction” means:

a. A judgment of conviction, whether entered upon a finding of guilt or acceptance of a guilty plea or plea of nolo contendere, and the imposition of sentence; or

b. The staying of the entry of judgment and the placing of the defendant on probation after a finding of guilty or the acceptance of a plea of nolo contendere.

“Drug” means any controlled dangerous substance, non-prescription drug, or prescription drug, taken into the body, which may impair one’s mental faculties and/or change one’s mood and/or physical performance.
“Drug-Related Offenses” means:

a. Crimes listed under the Maryland Controlled Dangerous Substances Act, Md. Code Ann., Crim. Law §§ 5-101 through 5-1101.

b. Driving or attempting to drive while under the influence of drugs or drugs and alcohol under Md. Code Ann., Transp. § 21-902.

c. Operating or attempting to operate a vessel while under the influence of drugs or drugs and alcohol under Md. Code Ann., Nat. Res. § 8-738.

“Employee” means:

a. A merit-protected (classified), at will (unclassified), contractual, key employee, or other employee or official in the Executive Branch;

b. A volunteer who provides a service to or for a unit in the Executive Branch; or

c. A member of a Board or Commission in the Executive Branch.

“Impaired” means reduced cognitive or physical ability that results from use of drugs, alcohol, cannabis, or controlled dangerous substances.
“Intoxicating Cannabinoid” means a product intended for human consumption or inhalation that contains more than 0.5 milligrams of tetrahydrocannabinol per serving.
“Medical Cannabis” means all parts of any plant of the genus cannabis, whether growing or not, including:

a. The seeds of the plant;

b. The resin extracted from any part of the plant; and

c. Any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin including tetrahydrocannabinol and all other naturally produced cannabinoid derivatives, whether produced directly or indirectly by extraction.

d. Medical cannabis does not include:

i. Hemp, as defined in Md. Code Ann., Agric. § 14-101;

ii. Mature stalks of the plant or fiber produced from the mature stalks;

iii. Oil or cake made from the seeds of the plant;

iv. Any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or

v. The sterilized seed of the plant that is incapable of germination.

“Non-Prescription Drug” means any over-the-counter drug that is available without a written prescription by an authorized medical professional.
“Prescription Drug” means a drug that may be dispensed only on the prescription of a health practitioner who is authorized by law to prescribe the drug.
“Safety-Sensitive Employee” means an employee who operates heavy machinery and includes, but are not limited to, an operator of a crane, winch, or top loader and a driver of hustler or forklift.
“Sensitive Employee” means an employee whose classification or position has been designated sensitive by the Secretary of Budget and Management or the Secretary's designated representative, or the employee’s appointing authority.
“Sensitive Classification” means a classification in which the Secretary of Budget and Management or the Secretary's designated representative has determined that any of the following conditions exists:

a. An employee in the classification has a substantially significant degree of responsibility for the safety of others and there is a potential that impaired performance of the employee could result in death of or injury to the employee or others;

b. An employee in the classification is required to carry a firearm;

c. An employee in the classification is directly involved in efforts to interdict the flow of narcotics; or

d. An employee in the classification is directly involved with narcotics law enforcement.

“Sensitive Position” means a position for which an appointing authority has determined that any of the conditions listed in Section B(17) of this executive order exists, but which is not in a sensitive classification.
“Substance” means alcohol, drugs, or cannabis.
“Substance Abuse” means:

a. The use of an illegal drug;

b. The intentional misuse of any legal drug that results in workplace impairment and/or impaired job performance;

c. The intentional use of any prescription drug in a manner inconsistent with its medically prescribed, intended use, or under circumstances where its use is not permitted;

d. The use of alcohol where such use results in workplace impairment and/or impairs job performance;

e. The use of cannabis where such use results in workplace impairment and/or impairs job performance; or

f. The intentional and inappropriate use of any substance, legal or illegal, which impairs job performance.

“Workplace” means any place where an employee is performing work for the State of Maryland.
“Work Time” means time during which an employee:

a. Is on duty, whether at the employee’s principal work site or at a remote location as part of the State's telecommuting program;

b. Participates in training activities as a job assignment;

c. Is on the employer's premises and is on call and waiting for work;

d. Is not on the employer's premises, but is on call and waiting for work, and the employee's personal activities are substantially restricted;

e. Is changing into and removing program-specified clothing and equipment necessary for the performance of the job;

f. Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift;

g. Travels to and from work after being recalled to work by the appointing authority or the appointing authority's designated representative after the employee has completed the standard workday;

h. Travels to and from work after being called to work by the appointing authority or the appointing authority's designated representative on the employee's scheduled day off if the employee works fewer than 8 hours as a result of being called on the employee's scheduled day off;

i. Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations,

j. Work time includes any other time defined as work time under the Fair Labor Standards Act, 29 U.S.C. §201 et seq., if applicable.

C. General Policy. The State of Maryland establishes the following Substance Abuse Policy for the Executive Branch of State Government:

All employees in the workplace must be capable of performing their duties. An employee shall not report to work, or spend any work time, in an unfit condition to perform their duties.
Substance abuse by any employee is prohibited at all times.
Employees experiencing substance use problems are encouraged to seek assistance through:

a. Their employer;

b. Referral to the Employee Assistance Program (“EAP”);

c. Self-referral to the MyMDCares program or similar state-sponsored assistance program; or

d. Self-referral to an alternative certified rehabilitation program.

D. Alcohol & Cannabis Abuse Policy.

Alcohol & Cannabis. An employee shall not report to work, or spend any work time, under the influence of alcohol, cannabis, or intoxicating cannabinoids. Any employee who reports to work, or spends any work time, with their mental or physical abilities impaired by alcohol or cannabis, is in violation of this policy and shall be subject to disciplinary action.
Employees may not consume alcohol or consume, smoke, or otherwise ingest cannabis or intoxicating cannabinoid on State property, at any worksite, or during work hours or while on work time. This conduct is also prohibited for employees on official business, whether on or off State Property.
The unlawful manufacture, distribution, dispensation, possession, or use of cannabis or intoxicating cannabinoids is prohibited on State property, at any worksite, or during work hours or while on work time.
Employees are prohibited from consuming alcohol and/or cannabis and/or being under the influence of alcohol, cannabis, or an intoxicating cannabinoid while operating State equipment, vehicles, or other property.
Employees are prohibited from committing alcohol or cannabis-related offenses or offenses relating to intoxicating cannabinoids.
Employees who plead guilty, accept a plea of nolo contendere, receive a probation before judgment, or are convicted of an alcohol or cannabis-related offense or an offense relating to intoxicating cannabinoids are in violation of this policy and must report the disposition of the case to their supervisor and/or appointing authority no later than five (5) workdays after the disposition.
Medical Cannabis. Employees who are registered and certified medical cannabis patients may not possess, consume, smoke, or otherwise ingest cannabis on State property, at any worksite or during Work Time.
Employees who are registered and certified medical cannabis patients are responsible for consulting the certifying provider to ascertain whether the medical cannabis will interfere with the safe performance of their job duties.
If the use of any medical cannabis could compromise an employee’s performance or the safety of the employee, fellow employees, or the public, it is the employee’s responsibility to notify their supervisor and/or appointing authority and use appropriate leave to avoid unsafe work practices.

E. Drug Abuse Policy.

Prescription & Over-The-Counter Drugs. Prescription and over-the-counter drugs must be taken in standard dosage and/or according to a physician’s prescription.
Employees who take prescribed or over-the-counter medications are responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication will interfere with the safe performance of their job duties.
If the use of any prescription or over-the counter drug could compromise an employee’s performance or the safety of the employee, fellow employees, or the public, it is the employee’s responsibility to notify their supervisor and/or appointing authority and use appropriate leave to avoid unsafe work practices.
An employee shall not report to work, or spend any work time, under the inappropriate influence of prescription or over-the-counter drugs. Any employee who reports to work, or spends any work time, with their mental or physical abilities inappropriately impaired by prescription or over-the-counter drugs is in violation of this policy and shall be subject to disciplinary action.
Controlled Dangerous Substances. Any employee who reports to work, or spends any work time, with their mental or physical abilities impaired by a controlled dangerous substance is in violation of this policy and shall be subject to disciplinary action.
The unlawful manufacture, distribution, dispensation, possession, or use of controlled dangerous substances is prohibited on State property, at any worksite, or during work hours or while on work time.
Employees are prohibited from committing controlled dangerous substance offenses.
Employees who plead guilty, accept a plea of nolo contendere, receive a probation before judgment, or are convicted of a controlled dangerous substance offense, are in violation of this policy and must report the disposition of the case to their supervisor and/or appointing authority no later than five (5) workdays after the disposition.
General Drug Abuse Policies. Employees are prohibited from committing drug-related offenses.
Employees who plead guilty, accept a plea of nolo contendere, receive a probation before judgment, or are convicted of a drug-related offense, are in violation of this policy and must report the disposition of the case to their supervisor and/or appointing authority no later than five (5) workdays after the disposition.

F. General Sanctions. Any employee in violation of this Executive Order shall be subject to appropriate progressive disciplinary action up to and including termination.

G. Specific Sanctions.

A sensitive or safety-sensitive employee shall be suspended for fifteen (15) days and required to successfully participate in an alcohol or cannabis treatment program designated by an EAP the first time the employee is:

a. Convicted of an at-the-workplace alcohol or cannabis-related offense; or

b. Found under the influence of alcohol or cannabis while at-the-workplace.

A sensitive or safety-sensitive employee convicted of an out-of-workplace alcohol or cannabis-related offense, and a non-sensitive or safety-sensitive employee convicted of any alcohol or cannabis-related offense shall:

a. On the first conviction be referred to an EAP and subject to any other appropriate disciplinary actions;

b. On the second conviction, at a minimum, be suspended for at least five (5) days, be referred to an EAP, be required to participate successfully in a treatment program, and be subject to any other appropriate disciplinary actions, up to and including termination;

c. On the third conviction, be terminated.

A sensitive or safety-sensitive employee convicted of any controlled dangerous substance offense shall be terminated.
A sensitive or safety-sensitive employee who tests positive for a controlled dangerous substance as a result of a random drug test shall be suspended for fifteen (15) workdays and be required to successfully participate in a drug treatment program designated by an EAP, as provided for by the appointing authority's drug testing protocol.
A sensitive or safety-sensitive employee who abuses a legally prescribed drug or an over-the-counter drug shall, on the first offense:

a. Be suspended for five (5) workdays; and

b. Be required to participate successfully in a drug treatment program designated by an EAP.

H. Assistance & Treatment.

An employee may request referral to the EAP for access to confidential professional assistance for substance use problems or may self-refer to the MyMDCares program or similar state-sponsored assistance program to receive confidential professional assistance.
Employees will not be terminated solely for requesting referral to the EAP or voluntarily obtaining other assistance and/or treatment for a substance use problem. The State of Maryland encourages any employee who needs such assistance and treatment to seek and obtain it. However, participation in a treatment or recovery program will neither relieve employees from the requirement of satisfactory job performance, nor insulate them from termination or adverse personnel actions for failing to comply with any of the State’s policies and procedures.
Substance abuse-related disciplinary actions, up to and including termination, may be, but do not have to be, held in abeyance pending an employee’s completion of an assistance and treatment program. The option of holding a disciplinary action in abeyance is not an employee entitlement or right but is a privilege to be granted at the discretion of the appointing authority, in consultation with the Department of Budget and Management, or the individual responsible for Human Resources for the respective State agency under appropriate circumstances.

I. Implementation.

The Secretary of Budget & Management and the head of every other personnel system in the Executive Branch shall adopt such policies and regulations as are necessary or desirable for the implementation of this Executive Order.
All appointing authorities and supervisory employees are responsible for implementing, enforcing, and monitoring compliance with the requirements of this Executive Order.
All employees are required to acknowledge receipt of a copy of this Executive Order by returning an acknowledgement of receipt to their supervisor for insertion in their personnel file.

J. Enforcement.

If a supervisor or appointing authority observes any signs of possible substance abuse in any employee during working hours, this shall constitute reasonable grounds for an investigation.
If a non-supervisory employee observes any signs of possible substance abuse in any employee during working hours and reports it to a supervisor or appointing authority, this shall constitute reasonable grounds for an investigation.
A supervisor and/or appointing authority, on observing such signs or receiving a report, in consultation with the Department of Budget and Management, or the individual responsible for Human Resources for the respective State agency, should investigate by appropriate measures.
If the supervisory investigation supports a conclusion of substance abuse by the investigated employee(s), the supervisor and/or appointing authority shall consult the Department of Budget and Management, the individual responsible for Human Resources for the respective State agency, or the State Medical Director to determine the appropriate next steps, which may include testing.
When an appointing authority learns or based on observation or reliable information, suspects that an employee has committed an alcohol-related offense, cannabis-related offense, controlled dangerous substance offense, or other drug-related offense, the appointing authority shall refer the matter to the appropriate law enforcement authority for further investigation and prosecution.
All employees shall cooperate fully with law enforcement authorities in the investigation and prosecution of suspected criminal violations.

K. Employee Education. All appointing authorities shall educate and inform their employees about:

The dangers of drug and alcohol abuse in the workplace;
The State of Maryland's policy of maintaining a drug-free workplace;
Any drug and alcohol abuse counseling, rehabilitation, and EAP that is available; and
The penalties that may be imposed upon employees for violations of this Executive Order.

L. This policy does not constitute or create an express or implied contract. It is not intended to, and does not, create contractual obligations with respect to any matter it covers.

M. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.

N. If a State entity is subject to a federal law or regulation that conflicts with this Executive Order, the federal law or regulation shall take precedence.

O. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective Date: November 8, 2023

COMAR 01.01.2023.12 Maryland’s Oyster Shell and Substrate Taskforce

A. Establishment. There is a Maryland’s Oyster Shell and Substrate Taskforce (“Taskforce”), housed in the Department of Natural Resources.

B. Membership. The Taskforce shall be comprised of members, appointed by the Governor, representing the following sectors:

(1) The Secretary of Natural Resources or their designee;

(2) The Secretary of Commerce or their designee;

(3) A local government official;

(4) The University of Maryland Center for Environmental Science;

(5) A commercial waterman;

(6) A recreational fisherman;

(7) An economist from one of the State’s Historically Black Colleges and Universities;

(8) The Oyster Recovery Partnership;

(9) A seafood company owner;

(10) A private oyster hatchery owner;

(11) The State’s aquaculture industry; and

(12) The State’s conservation community.

C. Chair. The Governor shall appoint a Chair from among the members of the Taskforce. The Chair shall serve at the pleasure of the Governor.

D. Functions. The principal functions of the Taskforce are to:

(1) Identify strategies and solutions to retain shell, increase abundance and create an overall additive situation for oyster substrate across the Chesapeake Bay;

(2) Evaluate strategies based on the ability to meet the demand from the public fishery, aquaculture industry and restoration component in the near term and focusing on meeting needs for the growth of all three components; and

(3) Evaluate the economic impacts substrate has on the State and develop recommendations that take into consideration costs and benefits for the fishery.

E. Procedures.

(1) The Taskforce shall meet monthly.

(2) The Taskforce Chair may convene meetings of the Taskforce and shall preside over the meetings.

(3) A majority of the Taskforce members shall constitute a quorum for the transaction of any business.

(4) The Taskforce may adopt other procedures as necessary to ensure the orderly transaction of business.

(5) The Taskforce shall be staffed by the Department of Natural Resources.

F. Reports.

(1) The Taskforce shall submit a report to the Governor containing recommendations for achieving a positive oyster shell and substrate environment by December 1, 2024.

(2) The Taskforce shall hire a consultant to facilitate the reporting to the Governor, in a manner consistent with applicable law and subject to the availability of appropriations.

Administrative History

Effective Date: July 20, 2023

COMAR 01.01.2023.11 Governor’s Council on the Chesapeake and Coastal Bays Watershed

(Amends Executive Order 01.01.1985.02)

A. Establishment. There is a Governor’s Council on the Chesapeake and Coastal Bays Watershed (“Council”).

B. Membership. The Council shall consist of the following members:

(1) The Secretary of Natural Resources;

(2) The Secretary of the Environment;

(3) The Secretary of Health;

(4) The Secretary of Agriculture;

(5) The Secretary of Planning;

(6) The Director of the Maryland Energy Administration;

(7) The Executive Director of the Maryland Environmental Service;

(8) The State’s Chief Resilience Officer; and

(9) Other officials of the Executive Branch that the Governor may designate.

(10) The President of the University of Maryland Center for Environmental Sciences is invited to be, and shall be upon acceptance, a member of the Commission.

C. Chair. The Governor shall appoint a Chair from among the members of the Council.

D. Meetings of the Council.

(1) The Council shall meet at least quarterly to receive information and discuss issues of Chesapeake and Coastal Bays Watershed management.

(2) The Council Chair may convene meetings of the Council and shall preside over the meetings.

E. Functions. The principal functions of the Council are to:

(1) Advise and provide periodic recommendations to the Governor about matters related to the management of the Chesapeake and Coastal Bays Watershed and surrounding areas, including but not limited to:

a. Progress in meeting the annual Statewide implementation plan;

b. Need for programmatic and budgetary adjustments;

c. The results and conduct of Chesapeake and Coastal Bays Watershed monitoring programs;

d. Establishment of annual Chesapeake and Coastal Bays Watershed research priorities; and

e. Maryland's participation on regional issues of Chesapeake and Coastal Bays Watershed management;

(2) Promote interagency coordination and integration of Chesapeake and Coastal Bays Watershed related programs to:

a. Guide the State’s restoration and water quality improvement programs consistent with the most up-to-date scientific knowledge and technologies;

b. Accelerate the restoration of the Chesapeake and Atlantic Coastal Bays and local watersheds to ensure that all Marylanders have clean drinking water and accessible clean waterways;

c. Promote equity by focusing on the long-term, collective benefits of healthy watersheds and their connection to the health of Maryland’s environment, economy and people;

d. Ensure that investments in watershed restoration provide important climate resiliency benefits; and

e. Develop strategies to address the challenges and opportunities that the State’s population growth presents to Bay restoration and the environment overall;

(3) Develop and oversee the State’s coordinated environmental, cultural and natural resources infrastructure while pursuing innovative partnerships and funding opportunities;

(4) Seek regular input of Maryland citizens and stakeholders, particularly those representing underserved and overburdened communities.

F. Administration.

(1) The Council may establish working groups as necessary.

(2) The Council shall be staffed by Executive Department staff.

(3) The Council shall establish appropriate procedures to seek advice on issues related to research, management, and public participation.

Administrative History

Effective Date: July 20, 2023

COMAR 01.01.2023.10 Maryland 250 Commission

(Rescinds Executive Order 01.01.2021.03)

(Amended by Executive Order 01.01.2024.29)

I. There is a Maryland 250 Commission (the “Commission”).

II. Membership

A. The Commission shall consist of the following members:

The Lieutenant Governor;
The Secretary of Budget and Management, or the Secretary’s designee;
The Secretary of Commerce, or the Secretary’s designee;
The Secretary of General Services, or the Secretary’s designee;
The Secretary of Natural Resources, or the Secretary’s designee;
The Secretary of Planning, or the Secretary’s designee;
The Secretary of Service and Civic Innovation, or the Secretary’s designee;
The Secretary of State, or the Secretary’s designee;
The Secretary of Veterans Affairs, or the Secretary’s designee;
The State Superintendent of Schools, or the Superintendent’s designee;
The State Archivist, or the Archivist’s designee;
The State Historic Preservation Officer, or the Officer’s designee;
The Executive Director of the Governor’s Office of Community Initiatives, or the Executive Director’s designee;
The Executive Director, Maryland State Arts Council, or the Executive Director’s designee;
The Administrative Director of the Maryland Commission on Indian Affairs, or the Administrative Director’s designee;
The Executive Director of the Maryland Commission on African American History and Culture, or the Executive Director’s designee;
The Director of the Maryland Commission for Women, or the Director’s designee; and
Up to five members of the general public appointed by the Governor.

B. The following are invited to be, and shall be upon acceptance, members of the Commission:

Two members appointed by the President of the Maryland Senate;
Two members appointed by the Speaker of the Maryland House of Delegates;
The Executive Director of the Maryland Association of Counties, or Executive Director’s designee;
The Executive Director of the Maryland Municipal League, or Executive Director’s designee; and
Up to three members from the nonprofit community, selected from the Maryland Center for History and Culture, the Maryland Humanities Council, Preservation Maryland, or other similar organizations.

C. The Governor shall appoint the Chair and the Vice Chair of the Commission.

D. Members serve at the pleasure of the Governor.

III. The Maryland Department of Planning shall provide the Commission with resources and staff as feasible and necessary for administering and facilitating the work of the Commission.

V. The Commission shall:

B. Hold at a minimum semi-annual meetings,

At times and places to be determined by the Chair;
That are conducted in accordance with the Open Meetings Act; and
That allow for remote meetings and electronic voting.

C. Coordinate, engage, and liaise with the U.S. Semiquincentennial Commission, and other local, county, and state commissions, and private and public partner organizations.

D. Serve as the State of Maryland’s official representative for the Semiquincentennial, and all related activities, communications, and events.

E. Solicit, accept, use and dispose of donations, funds and gifts in conformance with the Public Ethics Law, to support the goals and purposes of the Commission.

F. Invite broad-based public input on the meaning, significance, and opportunities of this anniversary that will inform development of commemoration activities, programs, and events.

I. Support the identification and enhancement of cultural assets that tell the story of who we are as Marylanders and promote place-based visitor experiences for residents and visitors alike.

J. Engage youth, new Americans, and lifelong learners in programs designed to encourage the search for meaning behind America and deepen engagement in civic life.

VI. The Commission shall further:

A. Submit an Action Plan to the Governor and General Assembly by December 31, 2023, that outlines the Commission’s goals, mission, and recommendations; and

VII. The Commission shall terminate on December 31, 2027.

Administrative History

Effective Date: July 3, 2023

Cross References

01.01.2024.29

COMAR 01.01.2023.09 Maryland Economic Council

A. Establishment. There is hereby established a Maryland Economic Council (“Council”).

B. Membership. The Council shall consist of the following members:

(1) The Lieutenant Governor or the Lieutenant Governor’s designee;

(2) The Secretary of Budget & Management or the Secretary’s designee;

(3) The Secretary of Commerce or the Secretary’s designee;

(4) The Chief Data Officer or the Chief Data Officer’s designee;

(5) The Secretary of Labor or the Secretary’s designee;

(6) No fewer than five (5) and no more than fifteen (15) members, appointed by the Governor, with training, knowledge, and experience in analyzing and interpreting economic data, developments and trends, appraising programs and activities of the government, recommending economic policy in light of the international, national and State macroeconomic environment, and proposing strategies to build a more equitable economy; and

(7) Such other officials of executive departments and agencies as the Governor may from time to time designate.

C. Chair. The Governor shall appoint the Chair from among the members. The Chair shall serve at the pleasure of the Governor.

D. Meetings of the Council.

(1) The Council shall meet as often as its duties require, but no less than quarterly.

(2) The Council Chair may convene meetings of the Council and shall preside over the meetings.

E. Functions. The principal functions of the Council are to provide economic policy advice and recommendations to the Governor by:

(2) Analyzing the projected impacts of State policy issues, such as tax policy and specific investment proposals, on the competitiveness of the State’s economy and strengthening key economic metrics;

(3) Evaluating the State’s current economic development policies and activities to identify additional techniques to foster greater economic and business development and support commerce;

(5) Reviewing current economic policies through an equitable lens to ensure fairness and help eliminate the racial wealth gap; and,

(6) Assessing and highlighting the economic and competitive impact of Maryland’s commitment to policies of inclusivity, openness, and diversity.

F. Administration.

(1) The Council may function through established or ad hoc committees.

(2) The Council shall be staffed by the Maryland Department of Commerce. The Council shall have such staff and other assistance as may be necessary to carry out the provisions of this order.

G. Procedures.

(1) The Council Chair shall:

a. Oversee the implementation of this Executive Order and the work of the Council;

b. Determine the Council’s agenda; and

c. Identify additional support as needed.

(2) The Council Chair may adopt bylaws, rules, and other procedures necessary to ensure the orderly transaction of business.

(3) A majority of the members present shall constitute a quorum for the transaction of any business of the Council.

(4) The Council shall submit an annual report to the Governor on or before January 1, 2024, and by October 1st each year thereafter, outlining the current economic conditions impacting the macroeconomic environment, evaluating their impact on Maryland’s economy, and recommending courses of action consistent with its’ duties under section E of this order.

H. Duration. This Executive Order shall remain in effect until January 20, 2027, unless earlier modified or rescinded by the Governor.

Administrative History

Effective Date: June 8, 2023

Cross References

01.01.2024.08

COMAR 01.01.2023.08 Protecting the Right to Seek Gender-Affirming Treatment in Maryland

A. Definitions.

“Gender-Affirming Treatment” means any medically necessary treatment consistent with current clinical standards of care prescribed by a licensed health care provider for the treatment of a condition related to the individual's gender identity.
“State Agency” means a department, agency, commission, board, council, or other body of state government subject to the direction and supervision of the Governor.

B. All state agencies shall, to the fullest extent within their authority, take whatever action is necessary and coordinate to protect people or entities in Maryland providing, receiving, assisting in providing or receiving, seeking, or traveling to obtain gender-affirming treatment.

C. Except as required by court order issued by a Maryland or federal court, or as required by Maryland or federal law, no state agency shall provide information, including patient medical records, patient-level data, or related billing information, or expend or use time, money, facilities, property, equipment, personnel, or other resources in furtherance of any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity solely for:

The provision of, securing of, receipt of, inquiry into, or responding to any inquiry concerning gender-affirming treatment that is permitted under the laws of this State; or
The provision of any assistance to any individual or entity that relates to the provision of, securing of, receipt of, inquiry into, or responding to any inquiry concerning gender-affirming treatment that is permitted under the laws of this State; or
Traveling to Maryland to obtain, provide, receive, or inquire into gender-affirming treatment that is permitted under the laws of this State.

D. Except as required by a court order issued by a Maryland or federal court, or as required by Maryland or federal law, no state agency shall comply with a subpoena issued by another state, knowing that the subpoena seeks information solely because an individual or entity provided, received, assisted in providing or receiving, sought, inquired or responded to an inquiry about, or traveled to Maryland to obtain gender-affirming treatment that is permitted under the laws of this State for themselves or a child for whom they are the parent or legal guardian.

E. Pursuant to the discretion afforded me under § 9-106(a) of the Criminal Procedure Article of the Maryland Code, I shall refuse to surrender, on demand of the executive authority of any other state, any person who: (i) is found in this State; (ii) was not present in the demanding state at the time of the commission of the alleged offense and has not fled therefrom; and (iii) is charged with a criminal violation of a law of another state where the violation alleged involves the provision of, assistance with, securing of, or receipt of gender- affirming treatment that is permitted under the laws of this State.

F. Except when in conflict with any State or federal laws, a health occupations board shall not refuse to admit a person to an examination and shall not revoke, suspend, discipline, take an adverse action against, or refuse to issue or renew a license, certification, or other authorization to practice for any health care practitioner in whole or in part because of the provision of, authorization of, participation in, referral for, or assistance with gender-affirming treatment for a person who resides in a jurisdiction where the provision, authorization, participation, referral, or assistance is illegal, if the provision, authorization, participation, referral, or assistance would not be a basis for refusing to admit a person to an examination or for revoking, suspending, disciplining, taking an adverse action against, or refusing to issue or renew a license, certification, or other authorization to practice in this State.

G. This Executive Order shall not be construed to preclude a health occupations board from investigating an alleged violation of the applicable practice act by a Maryland-licensed practitioner that occurs in Maryland or from taking appropriate action against that practitioner.

Administrative History

Effective Date: June 5, 2023.

COMAR 01.01.2023.07 Leading by Example in State Government

(Rescinds Executive Order 01.01.2019.08)

(Amends Executive Order 01.01.2023.06)

(Reinstating Executive Order 01.01.2018.08)

A. There is an energy-savings initiative with the goal of, by Fiscal Year 2031, reducing energy consumption in State-owned buildings by 20 percent compared to a Fiscal Year 2018 baseline.

B. The Maryland Green Building Council shall update the High-Performance Green Building Program to ensure that all new buildings and major renovations subject to the Program align with the State’s goal to achieve net zero greenhouse gas emissions by 2045.

C. DGS shall identify potential candidates for energy savings performance contracts at State-owned facilities, and agencies shall provide onsite support to work with DGS at facilities that DGS identifies as suitable candidates.

D. Each year, DGS shall analyze all State-owned buildings to identify the buildings with the highest energy use per square foot and the greatest greenhouse gas emissions.

E. Audit.

(1) Each year, DGS shall conduct an energy and greenhouse gas emissions audit of at least 2 million square feet of State-owned buildings.

(2) The audit shall include best practices and identify low-cost measures for increasing energy efficiency and reducing greenhouse gas emissions.

(3) A copy of the audit shall be provided to the head of each unit of State government that occupies the space audited.

F. Each unit of state government that occupies the space audited shall, to the fullest extent practicable, implement the measures identified in the audit.

G. For one year following such implementation, DGS shall monitor the unit’s energy use and greenhouse gas emissions, track any changes resulting from the measures, and calculate any savings on energy costs and or reductions in emissions.

H. Utility Database.

(1) Reductions in energy consumption and greenhouse gas emissions resulting from the energy-savings initiative shall be recorded in a Comprehensive Utility Records Management Database (the “Utility Database”).

(2) Each unit of State government shall, each month, or upon request, provide DGS with access to available data about its facility and copies of the unit’s utility bills.

(3) DGS shall report to the Governor’s Office annually on each unit of the State government’s data compliance.

(4) DGS shall gather the data and information necessary to fully populate, update, and maintain the Utility Database.

I. All units of State government shall, in support of their core missions, implement projects and initiatives to conserve energy and reduce their greenhouse gas emissions.

J. Provisions promoting the State’s energy efficiency and greenhouse gas emissions reduction goals shall be included in requests for proposals that:

(1) Are made after the date of this Executive Order;

(2) Are for the leasing of space to the State; and

(3) Would obligate the State to pay the utility bills for the leased space.

K. DGS shall report to the Governor each fiscal year on the State’s progress toward achieving the 20 percent reduction goal.

L. Executive Order 01.01.2019.08 is hereby rescinded.

Administrative History

Effective date: May 19, 2023

COMAR 01.01.2023.06 Leading by Example in State Government

(Rescinds Executive Order 01.01.2018.08)

A. There is an energy-savings initiative with the goal of, by Fiscal Year 2031, reducing energy consumption in State-owned buildings by 20 percent compared to a Fiscal Year 2018 baseline.

D. Each year, DGS shall analyze all State-owned buildings to identify the buildings with the highest energy use per square foot and the greatest greenhouse gas emissions.

E. Audit.

(1) Each year, DGS shall conduct an energy and greenhouse gas emissions audit of at least 2 million square feet of State-owned buildings.

(2) The audit shall include best practices and identify low-cost measures for increasing energy efficiency and reducing greenhouse gas emissions.

(3) A copy of the audit shall be provided to the head of each unit of State government that occupies the space audited.

F. Each unit of state government that occupies the space audited shall, to the fullest extent practicable, implement the measures identified in the audit.

H. Utility Database.

(2) Each unit of State government shall, each month, or upon request, provide DGS with access to available data about its facility and copies of the unit’s utility bills.

(3) DGS shall report to the Governor’s Office annually on each unit of the State government’s data compliance.

(4) DGS shall gather the data and information necessary to fully populate, update, and maintain the Utility Database.

I. All units of State government shall, in support of their core missions, implement projects and initiatives to conserve energy and reduce their greenhouse gas emissions.

J. Provisions promoting the State’s energy efficiency and greenhouse gas emissions reduction goals shall be included in requests for proposals that:

(1) Are made after the date of this Executive Order;

(2) Are for the leasing of space to the State; and

(3) Would obligate the State to pay the utility bills for the leased space.

K. DGS shall report to the Governor each fiscal year on the State’s progress toward achieving the 20 percent reduction goal.

L. Executive Order 01.01.2018.08 is hereby rescinded.

Administrative History

Effective date: May 17, 2023

Cross References

01.01.2023.07

COMAR 01.01.2023.05 Maryland Council on Innovation and Impact

A. Establishment. There is hereby established a Maryland Council on Innovation and Impact (“Council”), housed in the Executive Office of the Governor.

B. Function. The principal function of the Council, to the extent permitted by law, is:

(1) To ensure that the resources and expertise of innovative social sector organizations can be leveraged, deployed, and aligned with the efforts of the State to meet challenges;

(2) To infuse all of the State’s innovation and impact work with the best available evidence, and to ensure the State measures results and contributes to the existing evidence base where possible.

(3) To identify and explore ways in which partnerships can be developed and strengthened, ensuring the flow of innovation, talent, and resources across social and government sectors;

(4) To identify and encourage policies that increase and sustain charitable giving, volunteerism, and State service; and

(5) To bring ideas and policy options to the Governor for developing, leveraging, and maintaining partnerships across social and government sectors to deliver community services and accelerate the pace of positive change at the community level in Maryland.

C. Membership.

(1) There shall be a Senior Advisor on Innovation and Impact who shall be appointed by the Governor and shall chair the Council.

(2) The Governor may appoint additional individuals as honorary co-chairs of the Council.

(3) The Council shall consist of the heads of the following principal departments, or their designee, and the heads of any such other principal departments as the Governor may designate:

(a) The Department of Health;

(b) The Department of Human Services;

(d) The Department of Housing and Community Development;

(e) The Department of Service and Civic Innovation.

(4) The head of each principal department in the Executive Branch shall designate a liaison to support the work of the Council.

(5) Other State agencies, units, and offices may be asked to participate at the invitation of the Chair.

(6) The Council shall also consist of no more than twenty-five (25) members, appointed by the Governor, representing Maryland’s broad and diverse range of innovative and impactful organizations from all sectors.

(7) Members appointed by the Governor shall serve at the pleasure of the Governor for up to two consecutive two year terms.

(8) Council members shall serve without compensation.

(9) Staff members from the Office of the Governor and Lieutenant Governor will also be regular participants.

D. Duties.

(1) The Council shall continuously identify and explore the ways in which the relationship between social sector organizations, companies, and State government can be strengthened and improved;

(2) The Council shall foster and maintain relationships with social sector organizations;

(3) The Council shall develop recommendations for leveraging powerful cross-sector partnerships, including policy, regulatory, or legislative recommendations to facilitate such partnerships;

(4) The Council shall update the Governor within six months of this Executive Order, and biannually thereafter, on the Council’s efforts, goals, and impact on the state and residents.

E. Procedures.

(1) The Council Chair shall:

(a) Oversee the implementation of this Executive Order and the work of the Council;

(b) Determine the Council’s agenda; and

(2) The Council Chair may adopt other procedures as necessary to ensure the orderly transaction of business.

(3) The Council may seek advice and recommendations from an Advisory Board. The Council Chair will select members of the Advisory Board that have a deep understanding of issues facing the citizens and State of Maryland and experience in local, national, or international organizations. Advisory Board members shall provide such advice and recommendations voluntarily, free of any compensation.

(4) The Council shall meet on a quarterly basis, or more frequently if the members deem appropriate.

(5) A majority of the Council members present shall constitute a quorum for the transaction of any business.

(6) The Executive Office of the Governor shall provide administrative support for the Council, consistent with applicable law and subject to the availability of appropriations.

(7) The Council shall submit an annual report to the Governor and the public outlining the achievements of each partnership.

Administrative History

Effective date: May 5, 2023

COMAR 01.01.2023.04 Judicial Nominating Commissions

(Rescinds Executive Order 01.01.2019.05)

A. In this Executive Order, the following words have the meanings indicated:

(1) “Appellate Court” means the Appellate Court of Maryland or the Supreme Court of Maryland.

(2) “County” means a county of the State or Baltimore City.

(3) “Immediate family” includes a spouse, child, sibling, parent, grandparent, grandchild, stepparent, stepchild, step-sibling, or any adopted relative.

(4) “Trial Court” means the District Court of Maryland or the Circuit Court for a county.

B. Appellate Courts Judicial Nominating Commission.

(1) Creation and Composition.

a. The Appellate Courts Judicial Nominating Commission is hereby established as part of the Executive Department. It consists of seventeen persons chosen as follows:

i. Twelve persons appointed by the Governor; and

ii. Five members of the Maryland State Bar Association appointed by the Governor from 10 such persons submitted by the Association president by a date established by the Governor’s Office of Legal Counsel.

b. No more than one lawyer from the same firm or legal office may serve on the Appellate Courts Judicial Nominating Commission at the same time.

c. No person may serve on the Appellate Courts Judicial Nominating Commission while simultaneously serving on a Trial Courts Judicial Nominating Commission.

d. No person may serve on the Appellate Courts Judicial Nominating Commission who:

i. Holds an elected office in local, State, or federal government;

ii. Is an employee of the Office of the Governor;

iii. Hears cases as an active or senior member of the State or federal judiciary or of a State or federal commission or agency; or

iv. Holds an office in a political party.

e. In making appointments, the Governor shall consider the racial, ethnic, gender, and geographic diversity of Maryland.

f. In submitting persons for appointment, the president of the Maryland State Bar Association shall consider the racial, ethnic, gender, and geographic diversity of Maryland.

g. If the president of the Maryland State Bar Association submits fewer than 10 persons for appointment the Association’s appointments shall be decreased by the number not submitted and the Governor shall make the appointments.

h. If a vacancy occurs on the Appellate Courts Judicial Nominating Commission by reason of death, resignation, removal, or disqualification, a successor will be appointed by the Governor.

(2) The Chair of the Appellate Courts Judicial Nominating Commission will be designated by the Governor.

(3) Terms.

a. The terms of the members of the Appellate Courts Judicial Nominating Commission shall extend to the date of the qualification of the Governor at the next quadrennial election.

b. At the end of a term, a member continues to serve until a successor is appointed and qualifies.

c. If the Appellate Courts Judicial Nominating Commission meets on two or more occasions during any calendar year, and if, during that year, a member fails to attend at least half of the meetings in which that member is not otherwise disqualified from participating, the member may be removed by the Governor.

(4) An Appellate Courts Judicial Nominating Commission member shall not be appointed to an Appellate Court during the term for which the member was appointed.

C. Trial Courts Judicial Nominating Commissions.

(1) Creation and Composition.

a. A Trial Courts Judicial Nominating Commission is hereby established as part of the Executive Department for each of the Commission Districts set forth below:

i. Commission District 1 – Somerset, Wicomico, and Worcester Counties;

ii. Commission District 2 – Cecil, Kent, and Queen Anne’s Counties;

iii. Commission District 3 – Baltimore County;

iv. Commission District 4 – Harford County;

v. Commission District 5 – Allegany and Garrett Counties;

vi. Commission District 6 – Washington County;

vii. Commission District 7 – Anne Arundel County;

viii. Commission District 8 – Carroll County;

ix. Commission District 9 – Howard County;

x. Commission District 10 – Frederick County;

xi. Commission District 11 – Montgomery County;

xii. Commission District 12 – Calvert and St. Mary’s Counties;

xiii. Commission District 13 – Prince George’s County;

xiv. Commission District 14 – Baltimore City;

xv. Commission District 15 – Charles County; and

xvi. Commission District 16 – Caroline, Dorchester, and Talbot Counties.

b. Each Trial Courts Judicial Nominating Commission shall consist of thirteen persons chosen as follows:

i. Nine persons appointed by the Governor; and

ii. Four members of the Bar Associations for the counties for which the Trial Courts Nominating Commission is responsible, appointed by the Governor from seven such persons submitted collectively by the presidents of those Associations by a date established by the Governor’s Office of Legal Counsel.

c. No more than one lawyer from the same firm or legal office may serve on the same Trial Court Judicial Nominating Commission at the same time. The Governor’s Office of Legal Counsel may, in its sole discretion, waive this restriction.

d. No person may serve on a Trial Courts Judicial Nominating Commission while simultaneously serving on the Appellate Courts Judicial Nominating Commission or another Trial Courts Judicial Nominating Commission.

e. No person may serve on a Trial Courts Judicial Nominating Commission who:

i. Holds an elected office in local, State, or federal government;

ii. Is an employee of the Office of the Governor;

iii. Hears cases as an active or senior member of the State or federal judiciary or of a State or federal commission or agency; or

iv. Holds an office in a political party.

f. In making appointments, the Governor shall consider the racial, ethnic, and gender diversity of the Commission District.

g. In submitting persons for appointment, the presidents of the Bar Associations shall consider the racial, ethnic, and gender diversity of the Commission District.

h. In selecting persons to submit for appointment, the presidents of the Bar Associations shall consult with the presidents of other bar organizations that may operate in the Commission District.

i. If the presidents of the Bar Associations submit fewer than seven persons for appointment to a Trial Courts Judicial Nominating Commission, the Associations’ appointments shall be decreased by the number not submitted and the Governor shall make the appointments.

(2) The Chair of each Trial Courts Judicial Nominating Commission will be designated by the Governor.

(3) Terms.

a. The terms of the members of each Trial Courts Judicial Nominating Commission shall extend to the date of the qualification of the Governor at the next quadrennial election.

b. At the end of a term, a member continues to serve until a successor is appointed and qualifies.

c. If a Trial Courts Judicial Nominating Commission meets on two or more occasions during any calendar year, and if, during that year, a member fails to attend at least half of the meetings in which that member is not otherwise disqualified from participating, the member may be removed by the Governor.

(4) If a vacancy occurs on a Trial Courts Judicial Nominating Commission by reason of the death, resignation, removal, or disqualification, a successor will be appointed by the Governor.

(5) A Trial Courts Judicial Nominating Commission member shall not be appointed to a Trial Court during the term for which the member was appointed.

D. Code of Conduct.

(1) Appellate and Trial Courts Judicial Nominating Commission members shall agree to abide by the Code of Conduct during their term of service.

(2) The Code of Conduct shall be established by the Governor’s Office of Legal Counsel and shall at a minimum include provisions relating to: impartiality, confidentiality, ex parte communications, conflicts of interest, and prohibited discriminatory practices.

E. The chair of each Commission may request the technical assistance of the Administrative Office of the Courts in providing:

(1) Training to Commission members;

(2) Notification of when a vacancy occurs or is about to occur;

(3) Standardized interview practices and questions;

(4) Recommendations as to standardized application requirements and forms; and

(5) Any other assistance the chair deems appropriate, including the provision of reasonable accommodations to Commission members or judicial applicants.

F. For each judicial vacancy, the Governor shall:

(1) Reappoint the incumbent judge;

(2) Appoint an applicant who was recommended for a prior vacancy in the same position, if the appointment for the prior vacancy was made within two years of the occurrence of the current vacancy; or

(3) Accept applications from new candidates for the vacancy.

G. Commission Responsibilities and Procedures.

(1) If applications are accepted from new candidates for the vacancy, a Commission shall:

a. Advertise the vacancy using print and electronic media, in coordination and consultation with the Administrative Office of the Courts.

b. Encourage qualified candidates from diverse backgrounds including, but not limited to, race, ethnicity, gender, religion, sexual orientation, gender identity, gender expression, disability, or economic status to apply for judicial appointments;

c. Encourage qualified candidates from diverse practice areas to apply for judicial appointments;

d. Notify the Maryland State Bar Association and other appropriate county and specialty bar associations of the vacancy and request that they advertise the vacancy to their membership;

e. Seek recommendations from interested citizens and from its own members; and

f. Set a closing date for submission of applications.

(2) If there are fewer than three applicants for a vacancy, the vacancy shall be automatically re-advertised to new candidates. If, after re-advertisement, there remain fewer than three applicants, the Governor shall determine whether to re-advertise or may direct the Commission to proceed with evaluating the applicants.

(3) A Commission shall review all applications submitted and evaluate each applicant. In the course of its evaluation, the Commission may:

a. Seek information beyond that contained in the materials submitted by an applicant;

b. Obtain pertinent information from the Attorney Grievance Commission, judges, courts, personal references given by the applicant, criminal justice agencies, knowledgeable persons known to Commission members, county or specialty bar associations, and other sources; and

c. Request criminal history record information from a criminal justice agency, including the Central Repository, for the purpose of evaluating an applicant.

(4) A Commission shall interview each applicant:

a. In person, or

b. Via video teleconference, if:

i. Extraordinary circumstances prevent the applicant from appearing in person; and

ii. The Governor gives prior approval.

(5) There shall be no monetary cost or Bar membership required for a candidate to be interviewed by a local bar association or specialty bar association.

(6) A Commission shall consider the applicant’s integrity, maturity, temperament, diligence, legal knowledge, intellectual ability, professional experience, community service, and any other qualifications that the Commission deems important for judicial service, as well as the importance of having a diverse and impartial judiciary.

(7) In evaluating applications to fill a vacancy on a Trial Court, the Trial Courts Judicial Nominating Commission shall give the same consideration to eligible applicants regardless of whether an applicant’s legal practice is located outside of the county in which the applicant resides.

(8) A Commission member is disqualified from participating in the consideration, evaluation, or recommending of applicants for a vacancy in which an applicant is:

a. In the member’s immediate family;

b. A current business or law partner;

c. A lawyer in the same firm or legal office as the member, unless the Commission by a majority vote of the remaining Commission members determines that the member is capable of impartially considering the applicant; or

d. Otherwise known to the member and the member believes they are incapable of impartially considering the applicant.

(9) A voting session of a Commission shall be attended by at least three-fifths of the members who are qualified to participate.

(10) No applicant may be recommended to the Governor for appointment unless by vote of a majority of members present and qualified to participate at a voting session of the appropriate Commission, as taken by secret ballot. A Commission may conduct more than one round of balloting during its deliberations.

(11) If a Commission determines that fewer than three applicants are legally and professionally qualified, the Commission shall notify the Governor, who shall direct the Commission:

a. To re-advertise the vacancy to new candidates, or

b. To submit the names of the qualified applicants.

(12) If a Commission determines that at least three applicants are legally and professionally qualified, it shall report in writing to the Governor the names of at least three applicants recommended by the Commission as the most fully professionally qualified to fill the vacancy. The names of these recommended applicants shall be listed in alphabetical order. The Commission shall release this list to the public concurrently with submission of its report to the Governor.

(13) Upon request of the Governor, a Commission shall reconvene for further deliberations, or re-advertise a vacancy to new applicants.

H. Confidentiality.

(1) A Commission shall not disclose to the public the names of candidates who have submitted applications to fill a vacancy until after the closing date for submission of applications.

(2) Materials submitted by an applicant, or obtained from other sources in connection with the evaluation of an applicant, are confidential and may not be released to the public.

(3) Each Commission member shall maintain the confidentiality of the Commission’s evaluation of candidates, including its interviews, deliberations, and voting, and, except as provided in Section G (12), shall not disclose the Commission’s evaluation of candidates to the public.

I. Reasonable accommodations shall be made for qualified Commission members or judicial applicants with a disability unless the accommodation would impose an undue hardship. Examples of a reasonable accommodation include, but are not limited to: providing, adjusting, or modifying written materials, equipment or devices; and making a readily accessible facility available for interviews.

Administrative History

Effective date: March 7, 2023

COMAR 01.01.2023.03 Reporting of Procurement Activity and Minority Business Enterprise Compliance

A. Definitions.

“Participating Agencies” means those procurement units required to report MBE participation and compliance data to the Governor’s Office of Small, Minority, and Woman Business Affairs (GOSBA).
“Jurisdiction” means each of Maryland’s 23 counties and Baltimore City.

B. Within sixty (60) days of the issuance of this Executive Order, all Participating Agencies shall submit a report to the Governor detailing the Participating Agency’s procurement activity since July 1, 2022. The report shall include the following:

The quantity of procurement solicitations issued;
The quantity and the cumulative dollar value of contract awards;
The quantity and the cumulative dollar value of contract modifications;
The quantity and the cumulative dollar value of contract renewal options exercised;
The quantity of procurement solicitations issued with MBE goals;
The quantity of contract awards with MBE goals;
The number of contracts modified that had MBE goals;

a. The number of contracts that met their MBE goals at the time of the modification;

b. The number of contracts that did not met their MBE goals at the time of the modification;

The number of contracts whose renewal options were exercised that had MBE goals;

a. The number of renewed contracts that met their MBE goals at the time of the renewal option being exercised;

b. The number of renewed contracts that did not meet their MBE goals at the time of the renewal option being exercised.

C. Within sixty (60) days of the issuance of this Order, all Participating Agencies shall submit a report to the Governor detailing the outreach and marketing efforts to MBE firms that the Participating Agency conducted related to procurement solicitations from July 1, 2022, to the date of the issuance of this Order.

D. Within sixty (60) days of the issuance of this Executive Order, the Maryland Department of Transportation, in its capacity as the State’s official MBE certification agency, shall submit a report to the Governor with the following information:

By jurisdiction, the total number of businesses certified as an MBE;
By jurisdiction, the total number of Maryland-based businesses certified as an MBE;
By jurisdiction, the number of African American-owned businesses certified as an MBE;
By jurisdiction, the number of Hispanic-owned businesses certified as an MBE;
By jurisdiction, the number of Asian-owned businesses certified as an MBE;
By jurisdiction, the number of Native American-owned businesses certified as an MBE;
By jurisdiction, the number of Woman-owned businesses certified as an MBE; and
By jurisdiction, the number of Disabled-owned businesses certified as an MBE

E. Any Participating Agencies who are required to submit MBE performance and compliance reporting data to GOSBA for Fiscal Year 2022 but have not done so by the date of the issuance of this Executive Order, must submit the mandatory data to GOSBA within 15 days of the issuance of this Executive Order

F. Participating Agencies shall implement this Executive Order in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.

G. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, the provisions or applications of the Executive Order are severable, and all others shall remain in effect to the extent possible without the invalid provision or application.

Administrative History

Effective date: February 16, 2023

COMAR 01.01.2023.02 Reorganization of State Government — The Department of Service and Civic Innovation

SECTION 1. Be it ordered by the Governor of Maryland, pursuant to Article II, Section 24 of the Constitution of Maryland, that the laws of Maryland read as follows:

Article – Education

COMAR 01.01.2023 15–106.9.

(b) For in–State tuition purposes, a public senior higher education institution shall waive the in–State residency requirement for an individual who has completed:

(1) All service hours for an AmeriCorps Program in the State; or

(2) A service program under the Maryland Corps Program under Title 9, Subtitle 28 of the State Government article.

Article – State Government

COMAR 01.01.2023 8–201.

(a) The Executive Branch of the State government shall have not more than 21 principal departments, each of which shall embrace a broad, functional area of that Branch.

(b) The principal departments of the Executive Branch of the State government are:

(1) Aging;

(2) Agriculture;

(3) Budget and Management;

(4) Commerce;

(5) Disabilities;

(6) Emergency Management;

(7) the Environment;

(8) General Services;

(9) Health;

(10) Housing and Community Development;

(11) Human Services;

(12) Information Technology;

(13) Juvenile Services;

(14) Labor;

(15) Natural Resources;

(16) Planning;

(17) Public Safety and Correctional Services;

(18) Service and Civic Innovation;

(19) State Police;

(20) Transportation; and

(21) Veterans Affairs.

Title 9. Miscellaneous Agencies

SUBTITLE 28. DEPARTMENT OF SERVICE AND CIVIC INNOVATION.

PART I. GENERAL PROVISIONS

COMAR 01.01.2023 9-2801.

(A) In this subtitle the following words have the meanings indicated.

(B) “Department” means the Department of Service and Innovation.

COMAR 01.01.2023 9-2802.

(A) There is a Department of Service and Civic Innovation.

(B) The purpose of the Department is to promote service and volunteerism in the State.

COMAR 01.01.2023 9-2803.

(A) The Secretary of Service and Civic Innovation shall be appointed by the Governor with the advice and consent of the Senate.

(B) The Secretary is the head of the Department and a member of the Governor’s Executive Council.

COMAR 01.01.2023 9-2804.

(A) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.

(B) The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters.

(C) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient operation of the Department.

(D) The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.

(E) The Secretary is entitled to the compensation provided in the State Budget.

COMAR 01.01.2023 9-2805.

(A) The Secretary shall:

(1) Promote service and volunteerism in the State by partnering with the federal government, local governments, and nongovernmental entities to fulfill the purposes of this subtitle; and

(2) Identify and expand initiatives to increase service and volunteerism in the State to create opportunities and strengthen communities.

(B) The Secretary may adopt regulations to carry out the provisions of law that are within the jurisdiction of the Secretary.

COMAR 01.01.2023 9-2806.

The Department shall:

(1) Promote the use of volunteers in State and local government, businesses, and nonprofit entities;

(2) Coordinate and oversee the activities of the Maryland Corps Program, Governor’s Commission of Service and Volunteerism and Governor’s Office on Service and Volunteerism;

(3) Develop model programs for Statewide clearinghouse, skill banks, or information centers for volunteers and projects in the State and implement such programs;

(4) Plan and execute volunteer recognition events for State volunteers and provide technical assistance and support for recognition events in the private section in order to increase the visibility and status of volunteers and their accomplishments;

(5) Administer the Maryland Service Corps Program, the Executive Fellows program, and other volunteer programs as may be recommended by or designated by the Governor or otherwise provided by law;

(6) Maintain liaison with national and State volunteerism groups to obtain information on federal, State and private resources that may enhance volunteer projects within the State;

(7) Conduct studies and make recommendations to improve volunteer recruitment and training, volunteer retention, and accountability of volunteer programs; and

(8) Provide staff support to the Governor’s Volunteer Council.

COMAR 01.01.2023 9-2807.

(A) The Attorney General is the legal advisor to the Department.

(B) The Attorney General shall assign to the Department the number of assistant attorneys general that are authorized by law.

COMAR 01.01.2023 9-2808.

On or before December 1 of each year, the Secretary shall report to the Governor, and in accordance with §2-1257 of the State Government Article, the General Assembly on the activities on the Department.

COMAR 01.01.2023 9-2809. Reserved.

COMAR 01.01.2023 9-2810. Reserved.

SECTION 2. And be it further ordered, that Section(s) 24-1101 through 24-1110, respectively, and the subtitle “Subtitle 11. Maryland Corps Program” of Article — Education of the Annotated Code of Maryland be transferred to be Section(s) 9-2811 through 9- 2821, respectively, and the part “Part II. Maryland Corps Program” of Article—State Government of the Annotated Code of Maryland.

SECTION 3. And be it further ordered, that Section(s) 9.5-201 through 9.5-206, respectively, and the subtitle “Subtitle 2. Governor’s Office on Service and Volunteerism” of Article—State Government of the Annotated Code of Maryland be renumbered to be Section (s) 9-2824 through 9-2829, respectively, and the part “Part III. Governor’s Office of Service and Volunteerism”.

SECTION 4. And be it further ordered, that Section(s) 9.5-204(5) through 9.5-204(10 of Article – State Government of the Annotated Code of Maryland be repealed.

SECTION 5. And be it further ordered, that all persons who, as of the effective date of this Order, are employed in the Maryland Corps Program or the Governor’s Office of Service and Volunteerism are hereby transferred to the Department of Service and Civic Innovation without any change or loss of rights or status, and shall retain their merit system and retirement system status.

SECTION 6. And be it further ordered, that any transaction affected by or arising from any statute here amended, repealed, or transferred, and validly entered into before the effective date of this Order and every right, duty, or interest flowing from it remains valid after the effective date and may be terminated, completed, consummated, or enforced pursuant to law.

SECTION 7. And be it further ordered, that all rules and regulations, proposed rules and regulations, standards and guidelines, proposed standards and guidelines, orders and other directives, forms, plans, memberships, special funds, appropriations, grants, applications for grants, contracts, property, investigations, administrative and judicial proceedings, rights to sue and be sued, and all other duties and responsibilities associated with those functions transferred by this Order shall continue in effect under the Maryland Corps Program and the Governor’s Office of Service and Volunteerism upon transfer to the Department of Service and Civic Innovation.

SECTION 8. And be it further ordered, that any unexpended appropriation for the purpose of financing the Maryland Corps Program or the Governor’s Office of Service and Volunteerism shall be transferred by approved budget amendment to the Department of Service and Civic Innovation.

SECTION 9. And be it further ordered, that the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, shall correct, with no further action required by the General Assembly, cross-references and terminology rendered incorrect by this Executive Order. The publisher shall adequately describe any correction that is made in an editor’s note following the section affected.

SECTION 10. And be it further ordered, that the provisions of this Order shall in no way diminish or infringe any rights, responsibilities, power or duties conferred by the Constitution of the State of Maryland and the Annotated Code of Maryland.

SECTION 11. And be it further ordered, that this executive order shall become effective and have the force of law on the 19th day of January, 2023, unless specifically disapproved within 50 days after submission by a resolution of disapproval concurred in by a majority vote of all members of either House of the General Assembly.

Administrative History

Effective date: January 19, 2023

COMAR 01.01.2023.01 (Rescinds Executive Order 01.01.2015.08)

Standards of Conduct for Executive Branch Employees

A. Employees shall exhibit exemplary conduct and use honest efforts in the performance of their duties.

B. An employee shall not, except as permitted by applicable law or regulation, solicit, or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee’s agency, or whose interests may be substantially affected by the performance or nonperformance of the employee’s duties.

C. Employees shall not hold financial interests that conflict with the conscientious performance of duty.

D. Employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the Government.

E. Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest.

F. Employees shall act impartially in all their affairs and shall not give preferential treatment to any private organization or individual.

G. Employees shall protect and conserve State property and shall not use it for other than authorized activities.

H. Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, which conflict with official Government duties and responsibilities.

I. Employees shall disclose waste, fraud, abuse, and corruption to the appropriate authorities.

J. Employees shall satisfy in good faith their obligations as citizens, including all just financial obligations, including federal, State, or local taxes that are imposed by law.

K. Consistent with all applicable laws, all employees shall be treated with dignity and respect and shall not be discriminated against on the basis of race, color, creed, religion, ancestry, national origin, sex, age, marital status, sexual orientation, gender identity or expression, disability, or genetic information.

L. Employees shall endeavor to avoid any actions creating the appearance that they are violating applicable law or the ethical standards in applicable regulations.

M. Employees shall conduct intra-agency and interagency relations with civility, collaboration, and cooperation. These same principals shall apply to interactions with officials and employees of the legislative and judicial branches.

N. Upon leaving State service, executive branch employees shall be bound by the restrictions of the Annotated Code of Maryland, General Provisions §5-504, with respect to lobbying and other forms of representation.

O. All departments and agencies of the State shall immediately refer to the Principal Counsel or the Assistant Attorney General of the department or agency or to the Deputy Attorney General with supervisory responsibility for the Attorney General’s Criminal Investigations Division, any instance of possible criminal or unethical conduct by any employee or contractor of this State, for such action as the Office of the Attorney General deems appropriate. All departments and agencies shall also immediately advise the Chief Legal Counsel to the Governor of any such referrals.

P. All departments and agencies shall require each employee to report to the Secretary or Director of such department or agency as to any arrest of an employee and as to each legal proceeding in which an employee is involved, as a party or otherwise, if the arrest or legal proceeding affects, or reflects on, the employee’s job fitness or performance.

Q. Consistent with all applicable substantive and procedural laws, violations of this Executive Order are grounds for employee disciplinary action, including termination from State employment..

Administrative History

Effective date: January 19, 2023

01.01.2022 Executive Orders 2022

COMAR 01.01.2022.06 Juvenile Grant Planning and Review Council

(Amends Executive Order 01.01.2014.15)

(Amended by Executive Order 01.01.2024.30)

A. Established.

(2) The Council shall be within the Governor's Office of Crime Prevention, Youth and Victim Services, the State Administering Agency for funds received under the Act and the agency responsible for supervising the preparation and administration of the State's Juvenile Justice plan, annual updates to the plan, and awarded funds.

B. Procedures.

(1) Membership.

(a) The Council shall consist of not less than 15 members and not more than 33 members appointed by the Governor, consistent with the requirements of the Act.

(b) At least one-fifth of the members must be under the age of 28 at the time of appointment.

(2) The Executive Director of the Governor's Office of Crime Prevention, Youth, and Victim Services shall designate a member of the Council to serve as Chair.

(3) Terms.

(a) Members may serve up to two consecutive three-year terms, which shall be staggered upon initial appointment.

(b) A member selected to fill a vacancy serves only for the balance of a term remaining at the time of appointment.

(d) At the end of a term, a member continues to serve until a successor is appointed.

(4) Unless otherwise provided by law, the members of the Council shall serve at the pleasure of the Governor.

(5) A majority of the Council shall constitute a quorum for the transaction of any business.

(6) The Council may adopt such other procedures, including the creation of subcommittees and workgroups, as may be necessary to ensure the orderly transaction of business.

(8) Members of the Council not appointed pursuant to §B(1)(b) or §B(1)(c) may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of duties, in accordance with the standard State travel regulations, as provided in the State budget, and as provided in the Council’s allocation from the federal Office of Juvenile Justice and Delinquency Prevention.

C. Staffing.

(1) The Governor's Office of Crime Prevention, Youth, and Victim Services shall provide such staff and technical assistance to the Council as necessary and appropriate, including staff to serve as the designated Juvenile Justice Specialist required under federal law and regulations.

(3) A Racial and Ethnic Disparities (“R/ED”) Coordinator shall:

(a) Primarily focus on addressing R/ED within the State's Juvenile Justice System; and

(b) Provide technical assistance as necessary and appropriate.

D. Duties and Responsibilities.

(1) The Council shall perform the functions, and have the duties and responsibilities, set forth in the Act, as amended from time to time.

(3) The Council shall provide advice to the Governor's Office of Crime Prevention, Youth, and Victim Services in developing, maintaining, and expanding efforts to divert juveniles from the juvenile justice system and to provide community-based alternatives to juvenile detention and correctional facilities.

(4) The Council shall advise the Compliance Monitor, R/ED Coordinator, and Juvenile Justice Specialist when necessary.

(5) The Compliance Monitor, R/ED Coordinator, and Juvenile Justice Specialist shall advise the Council of the compliance status of all monitored facilities to ensure compliance with the Act.

(6) The Council shall perform any additional duties as directed by the Executive Director of the Governor's Office of Crime Prevention, Youth, and Victim Services on behalf of the Governor.

E. On or before June 30 of each year, the Council shall report to the Governor, by way of the Executive Director of the Governor's Office of Crime Prevention, Youth, and Victim Services, on its activities and recommendations.

F. Conflicts of Interest

(1) The Council shall acknowledge and abide by policies and procedures set forth by the Governor's Office of Crime Prevention, Youth, and Victim Services to guard against actual conflicts of interest or the appearance of conflicts of interest for its members when making recommendations for grant awards.

Administrative History

Effective date: June 17, 2022

Cross References

01.01.2024.30

COMAR 01.01.2022.04 Maryland Behavioral Health and Public Safety Center of Excellence Advisory Group

(Amends Executive Order 01.01.2022.02)

A. There is a Maryland Behavioral Health and Public Safety Center of Excellence Advisory Group (the “Group”).

B. Membership

(1) The Group shall consist of the following members:

(a) The Lieutenant Governor, or the Lieutenant Governor’s designee;

(b) The Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services, or the Executive Director’s designee;

(d) The Secretary of Public Safety and Correctional Services, or the Secretary’s designee; and

(e) The Secretary of Disabilities, or the Secretary’s designee.

(2) The following shall, upon acceptance of membership, be additional Group members:

(a) A designee of the President of the Senate;

(b) A designee of the Speaker of the House of Delegates;

(d) A representative of the Maryland Sheriffs’ Association;

(e) A representative of the Mental Health Association of Maryland;

(f) A representative of the National Alliance on Mental Illness of Maryland; and

(g) A representative of the Substance Abuse and Mental Health Services Administration within the U.S. Department of Health and Human Services.

(3) The Governor’s Office of Crime Prevention, Youth, and Victim Services shall provide the Group with staff and consultants as necessary and feasible.

C. Procedures

(1) The Lieutenant Governor or the Lieutenant Governor’s designee shall be Chair of the Group.

(2) The Chair shall:

(a) Oversee the work of the Group;

(b) Determine the Group’s agenda; and

(3) The Group shall convene as frequently as necessary to satisfy its responsibilities, as determined by the Chair, but no less than monthly.

(4) A majority of the Group’s members is a quorum for the transaction of Group business.

(5) The Group may adopt other procedures as necessary to ensure the orderly transaction of business.

D. The Group shall:

(1) Advise on the development and implementation of the Maryland Behavioral Health and Public Safety Center of Excellence (the “Center of Excellence”) action plan that assists in diverting those with mental illness, or intellectual or developmental disabilities, from the criminal justice system and provides them with appropriate treatment;

(2) Support the Center of Excellence’s Sequential Intercept Model as a planning tool to strategically inform legislation, policy, planning, and funding;

(3) Locate potential federal funding streams that the Center of Excellence can apply for to support its mission;

(4) Assist in the creation of repositories of best practices throughout the state; and

(5) Perform other appropriate duties or responsibilities as recommended by the Commission to Study Mental and Behavioral Health in Maryland.

Administrative History

Effective date: May 20, 2022

Cross References

01.01.2022.02

COMAR 01.01.2022.03 Maryland Total Human-services Integrated Network(Amends Executive Order 01.01.2021.11)

A. The following terms have the meanings indicated:

“Operator” means the unit of State government designated by the MD THINK Committee to develop, maintain, and operate:

i. The Platform; and

ii. Business products, applications, data, and services in the Portfolio, as may be agreed to with Participating Units.

“Participating Unit” means a unit of State government approved by the MD THINK Committee that:

i. Operates business products, applications, data, or services on the Platform;

ii. Contributes funding to support the development, operation, and maintenance of the Platform; and

iii. Executes an agreement for access to, or operation or use of, the business products, applications, data, and services hosted and managed on the Platform.

“Platform” means the MD THINK platform composed of the servers, network infrastructure, software, and application components established, developed, maintained, and operated to host and manage the Portfolio.
“Portfolio” means the business products, applications, data, and services hosted and managed on the Platform, as directed by the MD THINK Committee.
“Strategic Initiatives Office” means a management office to support the MD THINK Committee established within the Operator for administrative, staffing, and budgetary purposes.
“MD THINK Enterprise” means the combination authorized resources or provided from the operator and participating units for the purpose of assessing from the, planning, designing, developing, operating, maintaining, and enhancing the portfolio, as directed by the MD THINK Committee.

B. MD THINK Committee

There is a MD THINK Committee of the Governor’s Executive Council.
The members of the MD THINK Committee shall be:

i. The Secretary of Budget and Management;

ii. The Secretary of Human Services;

iii. The Secretary of Information Technology;

iv. The Secretary of Juvenile Services;

v. The Secretary of Health; and

vi. The Secretary of Public Safety and Correctional Services.

The Governor or his designee shall chair the MD THINK Committee.
The MD THINK Committee shall:

i. Promote the appropriate sharing of data among units of State government;

ii. Set policy, objectives, and priorities for, and govern, the portfolio data, Platform technology assets, and MD THINK Enterprise;

iii. Be responsible for the protection, privacy, and appropriate use of shared data and personal information on the Platform;

iv. Designate the Operator;

v. Oversee, coordinate, and authorize the assignment or provision of resources to the MD THINK Enterprise from the operator and participating units for the purpose of assessing, planning, designing, developing, operating, maintaining, and enhancing the portfolio;

vi. Establish working groups;

vii. Support the Two Generation Family Economic Security Commission in transforming the State’s interactions with families, mitigating multigenerational poverty, and promoting family wellbeing;

viii. Make recommendations for State policies and the delivery of services to those who have had adverse childhood experiences so as to reduce their effects; and

ix. Produce a report to the Governor, on or before December 15 of each year, addressing:

Its activities and plans in regard to data sharing in the State;
The impact of its work on Maryland citizens; and
Recommendations for future Executive Branch actions to support increased collaboration in the delivery of health and human services.

C. MD THINK Executive Director.

There is an MD THINK Executive Director.
The MD THINK Executive Director shall be designated by and serve at the pleasure of the Governor.
The MD THINK Executive Director shall be, as directed by the Governor, part of the operator or a Participating Unit for administrative, staffing, and budgetary purposes.
The MD THINK Executive Director shall:

i. Use and manage the MD THINK Enterprise to achieve MD THINK Committee goals and objectives;

ii. Facilitate and coordinate the delivery of portfolio products and services; and

iii. Ensure the faithful execution of all agreements entered into by the operator on behalf of the MD THINK Enterprise.

D. The Platform shall be developed, maintained, and operated to:

Provide support to Participating Units, in accordance with the policies, objectives, and priorities established by the MD THINK Committee;
Conform to modernized and current business and technological standards; and
Host and manage modernized applications and shared data for the Medicaid Modernization Transformation program for the delivery of Medicaid administrative services.

E. The Strategic Initiatives Office shall:

Coordinate and manage the work and activities of the MD THINK Committee;
Assess the Platform and Portfolio’s compliance with the policies, objectives, and priorities of the MD THINK Committee; and
Report to the MD THINK Committee about:

i. Its activities, including any support provided to information privacy or data sharing programs of the State;

ii. Progress on achieving the MD THINK Committee’s objectives and priorities;

iii. The implementation, maintenance, and operation of the Platform;

iv. The products, applications, data, and services in the Portfolio, including their availability to specific Participating Units;

v. Any products, applications, data, or services that are no longer needed once hosted on the Platform, including the anticipated termination dates for each;

vi. All agreements with Participating Units, including the expiration of those agreements;

vii. Proposals for any new or additional Participating Units; and

viii. Recommendations for objectives and priorities.

F. The MD THINK Committee, Executive Director, Operator, and Strategic Initiatives Office shall act in accordance and consistently with the Secretary of Information Technology’s information technology policies, procedures, and standards and the Statewide Information Technology Master Plan.

G. Data on the Platform shall be shared for authorized business and technical purposes to the maximum extent consistent with appropriate security and privacy practices and standards.

Administrative History

Effective date: April 20, 2022

Cross References

01.01.2021.11

COMAR 01.01.2022.02 Maryland Behavioral Health and Public Safety Center of Excellence Advisory Group

(Amended by Executive Order 01.01.2022.04)

A. There is a Maryland Behavioral Health and Public Safety Center of Excellence Advisory Group (the “Group”).

B. Membership

(1) The Group shall consist of the following members:

(a) The Lieutenant Governor, or the Lieutenant Governor’s designee;

(b) The Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services, or the Executive Director’s designee;

(d) The Secretary of Public Safety and Correctional Services, or the Secretary’s designee.

(2) The following shall, upon acceptance of membership, be additional Group members:

(a) A designee of the President of the Senate;

(b) A designee of the Speaker of the House of Delegates;

(d) A representative of the Maryland Sheriffs’ Association;

(e) A representative of the Mental Health Association of Maryland;

(f) A representative of the National Alliance on Mental Illness of Maryland; and

(g) A representative of the Substance Abuse and Mental Health Services Administration within the U.S. Department of Health and Human Services.

(3) The Governor’s Office of Crime Prevention, Youth, and Victim Services shall provide the Group with staff and consultants as necessary and feasible.

C. Procedures

(1) The Lieutenant Governor or the Lieutenant Governor’s designee shall be Chair of the Group.

(2) The Chair shall:

(a) Oversee the work of the Group;

(b) Determine the Group’s agenda; and

(3) The Group shall convene as frequently as necessary to satisfy its responsibilities, as determined by the Chair, but no less than monthly.

(4) A majority of the Group’s members is a quorum for the transaction of Group business.

(5) The Group may adopt other procedures as necessary to ensure the orderly transaction of business.

D. The Group shall:

(2) Support the Center of Excellence’s Sequential Intercept Model as a planning tool to strategically inform legislation, policy, planning, and funding;

(3) Locate potential federal funding streams that the Center of Excellence can apply for to support its mission;

(4) Assist in the creation of repositories of best practices throughout the state; and

(5) Perform other appropriate duties or responsibilities as recommended by the Commission to Study Mental and Behavioral Health in Maryland.

Administrative History

Effective date: March 7, 2022

Cross References

01.01.2022.04

COMAR 01.01.2022.01 Governor's Subcabinet on Infrastructure

A. There is a Governor's Subcabinet on Infrastructure, a committee of the Governor’s Executive Council convening on a regular basis to develop, evaluate, and coordinate a cohesive infrastructure strategy that leverages additional federal funding from the Infrastructure Investment and Jobs Act of 2021.

B. Membership and Procedures.

The Subcabinet shall consist of:

a. The Secretary of the Budget and Management;

b. The Secretary of Transportation;

c. The Secretary of Commerce;

d. The Secretary of Housing and Community Development;

e. The Secretary of the Environment; and

f. The Secretary of Information Technology.

The Director of the Maryland Energy Administration and the Executive Director of Maryland Environmental Service shall cooperate and consult with, and otherwise assist, the Subcabinet.
The Governor shall designate a senior administrator in the Executive Branch to be responsible for implementation of this Executive Order and to chair the Subcabinet.
The Subcabinet shall make recommendations to the Governor on administering funds made available through the Infrastructure Investment and Jobs Act of 2021.
Subcabinet members shall, as needed by the Governor or Chair, provide staff to assist in the Subcabinet’s work as supervised by the Chair.
The Governor or the Chair may establish subcommittees as needed to carry out the work of the Subcabinet.

Administrative History

Effective date: January 26, 2022

01.01.2021 Executive Orders 2021

COMAR 01.01.2021.12 State Coordination of State Small Business Credit Initiative (Amends Executive Order 01.01.2011.01)

A. The State’s Department of Housing and Community Development is designated as the entity responsible for the administration of the State Small Business Credit Initiative (SSBCI) in the State.

B. The Secretary of the Department of Housing and Community Development is designated as the official responsible for signing the application and any agreements required to be signed by the State in connection with the application, approval and administration of the SSBCI, including any requests to modify the application and agreements after execution.

Administrative History

Effective date: December 29, 2021

COMAR 01.01.2021.11 Maryland Total Human-Services Integrated Network

(Amended by Executive Order 01.01.2022.03)

A. The following terms have the meanings indicated:

“Operator” means the unit of State government designated by the MD THINK Committee to develop, maintain, and operate:

i. The Platform; and

ii. Business products, applications, data, and services in the Portfolio, as may be agreed to with Participating Units.

“Participating Unit” means a unit of State government approved by the MD THINK Committee that:

i. Operates business products, applications, data, or services on the Platform;

ii. Contributes funding to support the development, operation, and maintenance of the Platform; and

iii. Executes an agreement for access to, or operation or use of, the business products, applications, data, and services hosted and managed on the Platform.

“Platform” means the MD THINK platform composed of the servers, network infrastructure, software, and application components established, developed, maintained, and operated to host and manage the Portfolio.
“Portfolio” means the business products, applications, data, and services hosted and managed on the Platform, as directed by the MD THINK Committee.
“Strategic Initiatives Office” means a management office to support the MD THINK Committee established within the Operator for administrative, staffing, and budgetary purposes.

B. MD THINK Committee.

There is a MD THINK Committee of the Governor’s Executive Council.
The members of the MD THINK Committee shall be:

i. The Secretary of Budget and Management;

ii. The Secretary of Human Services;

iii. The Secretary of Information Technology;

iv. The Secretary of Juvenile Services; and

v. The Secretary of Health.

The Governor or his designee shall chair the MD THINK Committee.
The MD THINK Committee shall:

i. Promote the appropriate sharing of data among units of State government;

ii. Set policy, objectives, and priorities for, and govern, MD THINK and its data and information, and Platform technology assets;

iii. Be responsible for the protection, privacy, and appropriate use of shared data and personal information on the Platform;

iv. Designate the Operator;

v. Establish working groups;

vi. Support the Two Generation Family Economic Security Commission in transforming the State’s interactions with families, mitigating multigenerational poverty, and promoting family wellbeing;

vii. Make recommendations for State policies and the delivery of services to those who have had adverse childhood experiences so as to reduce their effects; and

viii. Produce a report to the Governor, on or before December 15 of each year, addressing:

Its activities and plans in regards to data sharing in the State;
The impact of its work on Maryland citizens; and
Recommendations for future Executive Branch actions to support increased collaboration in the delivery of health and human services.

C. The Platform shall be developed, maintained, and operated to:

Provide support to Participating Units, in accordance with the policies, objectives, and priorities established by the MD THINK Committee;
Conform to modernized and current business and technological standards; and
Host and manage modernized applications and shared data for the Medicaid Modernization Transformation program for the delivery of Medicaid administrative services.

D. The Strategic Initiatives Office shall:

Coordinate and manage the work and activities of the MD THINK Committee;
Assess the Platform and Portfolio’s compliance with the policies, objectives, and priorities of the MD THINK Committee; and
Report to the MD THINK Committee about:

i. Its activities, including any support provided to information privacy or data sharing programs of the State;

ii. Progress on achieving the MD THINK Committee’s objectives and priorities;

iii. The implementation, maintenance, and operation of the Platform;

iv. The products, applications, data, and services in the Portfolio, including their availability to specific Participating Units;

v. Any products, applications, data, or services that are no longer needed once hosted on the Platform, including the anticipated termination dates for each;

vi. All agreements with Participating Units, including the expiration of those agreements;

vii. Proposals for any new or additional Participating Units; and

viii. Recommendations for objectives and priorities.

E. The MD THINK Committee, Operator, and Strategic Initiatives Office shall act in accordance and consistently with the Secretary of Information Technology’s information technology policies, procedures, and standards and the Statewide Information Technology Master Plan.

F. Data on the Platform shall be shared for authorized business and technical purposes to the maximum extent consistent with appropriate security and privacy practices and standards.

Administrative History

Effective date: July 29, 2021

COMAR 01.01.2021.10 Maryland Data Privacy

A. In this Order, the following words have the meanings indicated:

“Agency privacy officer” means an individual designated by a State unit to manage its implementation of reasonable security practices and procedures, and compliance with this Order.
"Personally identifiable information” means, in digital or physical form:

i. A full name, or first initial and last name, in combination with;

A Social Security number;
A driver’s license number, a State identification number, or any other identification number issued by a State unit;
A passport number;
Characteristics of classifications protected under federal or State law; or
Biometric information including an individual’s physiological or biological characteristics, including an individual’s deoxyribonucleic acid, that can be used, singly or in combination with each other or with other identifying data, to establish individual identity;

ii. But not:

Voter registration information;
Information publicly disclosed by the individual without being under duress or coercion;
Data rendered anonymous through the use of techniques, including obfuscation, deletion, redaction, or encryption, that make the individual no longer identifiable;
Protected health information; or
Information collected, processed, or shared for the purposes of:

a. Public health, including any information shared between the Maryland Department of Health and any unit of state or United States government as required by law;

b. Public safety;

c. State security;

d. The State Personnel Management System;

e. The State Retirement and Pension System; or

f. Investigation and prosecution of criminal offenses.

“Reasonable security procedures and practices” means security protections that are consistent with Department of Information Technology policies and standards.
“SCPO” means the State Chief Privacy Officer.
“State unit” means:

i. The Department of Aging;

ii. The Department of Agriculture;

iii. The Department of Budget and Management;

iv. The Department of Commerce;

v. The Department of Disabilities;

vi. Beginning on October 1, 2021, the Maryland Department of Emergency Management;

vii. The Department of the Environment;

viii. The Department of General Services;

ix. The Maryland Department of Health;

x. The Department of Housing and Community Development;

xi. The Department of Human Services;

xii. The Department of Information Technology;

xiii. The Department of Juvenile Services;

xiv. The Maryland Department of Labor;

xv. The Department of Natural Resources;

xvi. The Department of Planning;

xvii. The Department of Public Safety and Correctional Services;

xviii. The Department of State Police;

xix. The Department of Transportation;

xx. The Department of Veterans Affairs;

xxi. The Department of Secretary of State; and

xxii. Any other agency, department, board, commission, authority, or instrumentality of the State that elects to be subject to this Order.

B. State Chief Privacy Officer.

There is a State Chief Privacy Officer in the Office of the Governor.
The SCPO is appointed by, and serves at the pleasure of, the Governor.
The SCPO shall:

i. Provide the Governor with advice, recommendations, and consultation about data privacy;

ii. Supervise and direct efforts of State units to protect and secure personally identifiable information;

iii. Develop and manage the implementation of State information privacy policies that are:

Comprehensive, coordinated, and continuous; and
Balance the State’s need for information collection and:

a. risks to the public; and

b. the costs of collection;

iv. Establish privacy requirements to be incorporated into agreements to share data.

v. Create and maintain inventories of sources of and systems containing personally identifiable information held by the State;

vi. Oversee the conduct of privacy impact assessments; and

vii. Assist State units with:

Identifying, matching, and merging corresponding personally identifiable information;
Drafting agreements and contracts for sharing, processing, storing, accessing, transmitting, or disposing of personally identifiable information;
Responding to audits of privacy and security of personally identifiable information;
Reducing:

a. duplicative requests for personally identifiable information; and

b. the amount of personally identifiable information collected and retained to only that necessary for the proper performance of the State unit’s authorized functions;

Properly accounting for and budgeting the costs and resources needed to protect and securely dispose of personally identifiable information; and
Providing training to State unit employees about State information privacy policies.

C. Beginning no later than January 1, 2022, each State unit shall:

Employ reasonable security practices and procedures;
. Designate an agency privacy official;
Comply with direction from the SCPO to protect and secure personally identifiable information;
Identify and document the legitimate government purpose of the State unit’s collection of personally identifiable information;
Allow an individual to opt out of the State unit’s sharing of information if the sharing is not required by law;
Provide to individuals:

i. Access to their personally identifiable information that has been processed by the State unit, and methods to correct or amend it, or delete it if allowable by law;

ii. At the time of the collection of personally identifiable information:

Notice of:

a. The collection;

b. The purpose of the collection;

c. Any legal authorities requiring the collection of personally identifiable information; and

d. Whether the provision of the personally identifiable information is voluntary; and

Instructions on how to receive information, which shall be provided upon request of the individual if allowable by law, about the types of:

a. Personally identifiable information collected about the individual; and

b. Sources from which the personally identifiable information was collected;

iii. At or before the time of the State unit’s sharing personally identifiable information, notice of the sharing, including:

The nature and sources of personally identifiable information shared;
The purpose for which the personally identifiable information is shared and how it will be used;
The circumstances in which the personally identifiable information will be shared;
The recipients of the shared personally identifiable information;
The legal authorities for the sharing of the personally identifiable information; and
Any rights the individual may have to:

a. Review the personally identifiable information shared; or

b. Decline the State unit’s sharing of personally identifiable information;

Prominently display on the State unit’s website clear and comprehensive notice informing the public of the State unit’s practices and activities regarding the use of personally identifiable information;
Adopt a privacy governance and risk management program; and
Take reasonable steps to:

i. Ensure that personally identifiable information collected is accurate, relevant, and timely; and

ii. Collect only the personally identifiable information that is relevant and necessary to address the legally authorized purpose of the collection.

D. The agency privacy officers shall meet at least monthly to provide the SCPO with advice and recommendations about State policies needed to protect the privacy of personally identifiable information

E. On or before April 1 of each year, each State unit shall submit a report to the SCPO that includes:

An inventory of all information systems and applications used or maintained by the State unit;
A full data inventory of the State unit;
A list of all cloud services used by the State unit; and
A list of all permanent and transient vendor interconnections that are in place.

Administrative History

Effective date: July 29, 2021

COMAR 01.01.2021.09 State Chief Data Officer

A. State Chief Data Officer.

There is a State Chief Data Officer in the Office of the Governor.
The State Chief Data Officer shall be appointed by and serve at the pleasure of the Governor.
The State Chief Data Officer shall:

i. Supervise and direct the use and management of data by units of State government under the supervision and direction of the Governor (“State units”);

ii. Assess the data needed by State units to inform policy decisions;

iii. Facilitate and coordinate:

The sharing of State data:

a. Among State units, such that State units receiving data comply with all prohibitions and restrictions on disclosure or release of the data applicable to the State unit sharing it; and

b. Between State units and the public; and

Analysis of data by State units;

iv. Receive and compile an inventory of State unit data;

v. Create a strategic plan for State data (the “State Data Strategic Plan”) that:

Is consistent with the Statewide Information Technology Master Plan;
Establishes data use, management, and analysis practices, policies, and standards for the State;
Provides recommendations for actions to standardize and integrate State data systems and management practices; and
Is updated every two years;

vi. Track progress in implementing secure and efficient data use and management by the State;

vii. Measure advancements in the analysis of data by the State; and

viii. Assist:

The Governor’s Office of Crime Prevention, Youth, and Victim Services in evaluating data to make recommendations for State policies and programming that are informed by an understanding of, and mitigate the effects of, adverse childhood experiences; and
The Opioid Operational Command Center in:

a. Integrating and analyzing data sets that it acquires; and

b. Studying, understanding, and reducing opioid use and overdoses.

B. Agency Data Officers.

A data officer (an “agency data officer”) shall be designated by the following State units no later than October 1, 2021:

i. The Department of Aging;

ii. The Department of Agriculture;

iii. The Department of Budget and Management;

iv. The Department of Commerce;

v. The Department of Disabilities;

vi. The Maryland Department of Emergency Management;

vii. The Department of the Environment;

viii. The Department of General Services;

ix. The Maryland Department of Health;

x. The Department of Housing and Community Development;

xi. The Department of Human Services;

xii. The Department of Information Technology;

xiii. The Department of Juvenile Services;

xiv. The Maryland Department of Labor;

xv. The Department of Natural Resources;

xvi. The Department of Planning;

xvii. The Department of Public Safety and Correctional Services;

xviii. The Department of State Police;

xix. The Department of Transportation;

xx. The Department of Veterans Affairs; and

xxi. The Office of the Secretary of State.

Other units of State government may designate agency data officers consistent with this Order.
Each agency data officer shall:

i. Implement measures for the secure, efficient, and effective use of data;

ii. Provide administrative support to the State Chief Data Officer on behalf of the unit;

iii. Receive and promptly address inquiries, requests, or concerns about access to the unit’s data;

iv. Comply with direction from the State Chief Data Officer as to the use and management of the unit’s data;

v. Conduct an inventory, on or before December 31 of each year, of the unit’s data that:

Identifies data meeting criteria established by the Chief Data Officer, including that it is:

a. Necessary for the operation of the unit; or

b. Otherwise required to be collected:

I. As a condition to receive federal funds; or

II. By federal or state law; and

Is in such form as prescribed by the State Chief Data Officer;

vi. Cooperate with the State Chief Data Officer review of advancements in the analysis of data by the State; and

vii. Make available to the State Chief Data Officer any data requested.

The agency data officers shall meet once a month to:

i. Exchange knowledge about data use and management;

ii. Solicit relevant input from data experts and practitioners;

iii. Advise the State Chief Data Officer on best data privacy and security practices;

iv. Issue reports to the State Chief Data Officer about State data use and management; and

v. Assist the State Chief Data Officer in developing the State Data Strategic Plan.

Following the creation of the State Data Strategic Plan, the agency data officers shall:

i. Implement it in each of their units; and

ii. Submit compliance reports for their unit to the State Chief Data Officer.

C. The State Chief Data Officer may obtain support and assistance from the Department of Information Technology, Department of Planning, and Governor’s Office of Performance Improvement as necessary and desirable to improve operational efficiency and efficacy.

D. On or before December 31 of each year, the State Chief Data Officer shall submit a report to Governor addressing State’s progress in:

Implementing secure and efficient data use and management;
Promoting the sharing and analysis of data; and
Complying with the State Data Strategic Plan.

Administrative History

Effective date: July 29, 2021

COMAR 01.01.2021.08 Maryland Disability Culture and Achievements Month

A. All units of State government subject to the direction and control of the Governor shall annually observe July as “Disability Culture and Achievements Month.”

B. The Department of Disabilities shall, during Disability Culture and Achievements Month, collaborate with, and provide information and technical assistance to, other units of State government to develop, coordinate, and promote activities and events throughout Maryland celebrating:

Disability culture, including literature, poetry, dance, film, theater, and music developed by people with disabilities; and
Societal achievements, including in justice, self empowerment, and equality, of people with disabilities.

Administrative History

Effective date: July 26, 2021

COMAR 01.01.2021.06 Adverse Childhood Experiences

I. All State units subject to the control and direction of the Governor shall:

A. Consider how the implementation of State policies and programming could reduce adverse childhood experiences;

B. Cooperate with, and provide such data and other information as may be allowed by law to, the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services to enable study and monitoring of State policies and programming that prevent and mitigate adverse childhood experiences; and

C. If they serve children and families:

i. Incorporate an understanding of adverse childhood experiences into treatment and other similar interactions; and

ii. Implement care models informed by adverse childhood experiences and the impact they have on development.

II. The Governor shall, to coincide with Mental Health Awareness Month, proclaim May 6 of each year to be Adverse Childhood Experiences Awareness Day.

III. This Executive Order shall not be construed as altering the designation of, or granting authority to, any unit of State or local government for the purposes of federal law.

Administrative History

Effective date: May 21, 2021

COMAR 01.01.2021.02 Maryland Citizen Redistricting Commission

A. There is a Maryland Citizen Redistricting Commission (the “Commission”).

B. Membership.

The Commission consists of the following members appointed by the Governor:

a. One registered with the Democratic Party;

b. One registered with the Republican Party;

c. One not registered with either the Democratic Party or the Republican Party; and

d. Six selected from a public application process, apportioned as follows:

i. Two registered with the Democratic Party;

ii. Two registered with the Republican Party;

iii. Two not registered with either the Democratic Party or the Republican Party.

Each member shall be a voter who, for at least three years immediately preceding the date of appointment, has been registered in the State continuously with the same political party or continuously with neither the Democratic Party nor the Republican Party.
No member may be:

a. A representative or candidate for representative in the U.S. Congress;

b. A member or candidate for member of the General Assembly of Maryland;

c. An officer or employee of a political party or political committee;

d. A member of staff of the Governor, Maryland General Assembly, or U.S. Congress; or

e. A current registered lobbyist.

The selection of members shall be intended to produce a Commission that is independent from legislative influence, impartial, and reasonably representative of the State’s diversity and geographical, racial, and gender makeup.
The Governor shall appoint one or more members to chair the Commission.
A vacancy may be filled in the same manner that the initial appointments are made.

C. Duties.

The Commission shall prepare one plan for Maryland’s state legislative districts and one plan for Maryland’s congressional districts, in conformance with the following:

a. The plans shall:

i. Comply with all State and federal constitutional and legal requirements, including the Voting Rights Act;

ii. Comply with all applicable judicial direction, rulings, judgments, or orders;

iii. Respect natural boundaries and the geographic integrity and continuity of any municipal corporation, county, or other political subdivision to the extent practicable; and

iv. Be geographically compact and include nearby areas of population to the extent practicable;

b. The plans shall not account for:

i. How individuals are registered to vote, how individuals voted in the past, or the political party to which individuals belong; or

ii. The domicile or residence of any individual, including an incumbent officeholder or a potential candidate for office;

c. Congressional districts shall:

i. Equal the number of representatives in the U.S. Congress that have been apportioned to the state; and

ii. Be equal in population to the extent practicable; and

d. Legislative districts shall be:

i. As nearly equal in population as is feasible given due regard for natural boundaries and the boundaries of political subdivisions;

ii. To the extent possible and consistent with the Commission’s other duties and responsibilities, subdivided into single-member delegate districts; and

iii. Numbered consecutively commencing at the northwestern boundary of the state and ending at the southeastern boundary of the state.

The Commission shall conduct its business with integrity and fairness.
The Commission shall exercise judgment that is impartial and that reinforces public confidence in the integrity of the redistricting process.

D. Procedures.

A majority of the members of the Commission shall constitute a quorum for the transaction of any business.
The Commission shall:

a. Conduct open and transparent proceedings that:

i. Enable full public consideration of and input as to the establishment of legislative and congressional districts; and

ii. Encourage citizen outreach and broad public participation in the redistricting process;

b. Hold meetings at such times and such places as it deems necessary, provided that the meetings are accessible to the general public in accordance with the Maryland Open Meetings Act or other applicable law;

c. Conduct regional summits to allow citizens to offer comment on the boundaries of the congressional and legislative districts;

d. Provide an electronic portal for citizens to review redistricting data and submit their comments about redistricting; and

e. Undertake any other activities it deems appropriate to further increase opportunities for the public to observe and participate in the redistricting process.

The Commission may adopt such other procedures as may be necessary to ensure the orderly transaction of business, including the creation of committees.
The Commission may designate additional individuals, including interested citizens, educators, or specialists with relevant expertise, but excluding individuals identified in Section B(3), to serve on any committee.
The Commission may consult with units of State government and outside experts to obtain such technical assistance and advice as it deems necessary to complete its duties.
After receiving sufficient comment, input, assistance, and advice from the public, experts, units of State government, committees, and other interested persons, the Commission shall:

a. With at least seven affirmative votes of the members, approve and certify proposed redistricting plans that separately set forth district boundary lines for state congressional and legislative districts;

b. Approve and certify proposed maps that correspond to the redistricting plans;

c. Publicize the proposed plans and maps in a manner reasonably designed to achieve broad public availability and access; and

d. Accept and review comments about the proposed plans and maps.

After publicizing, reviewing, and making any appropriate adjustments to the proposed plans and maps, the Commission shall:

a. With at least seven affirmative votes of the members, approve and certify final redistricting plans for state legislative and congressional districts;

b. Approve and certify final maps that correspond to the redistricting plans;

c. Submit the final plans and maps to the Legislative Office of the Office of the Governor; and

d. Issue a report that explains the basis for the Commission’s decisions and includes definitions of the terms and standards used for each plan.

for introduction in the General Assembly.

F. Membership of the Commission shall not be compensated, but members are entitled to reimbursement for expenses as provided by law.

G. The Office of the Governor shall provide the Commission with staff and consultants as necessary and feasible.

H. The public records of the Commission are subject to inspection pursuant to the Public Information Act.

I. All units of State government subject to the supervision and direction of the Governor shall cooperate with and assist the Commission in carrying out its responsibilities.

Administrative History

Effective date: January 12, 2021

COMAR 01.01.2021.01 Increasing Small-Business Participation in State Procurements

A. Definitions.

a. “Executive agency” means a State unit or instrumentality subject to the control, supervision, or direction of the Governor.

b. “Governor’s Office” means the Governor’s Office of Small, Minority, and Women Business Affairs.

B. Any procurement of an Executive agency, for goods, supplies, services, maintenance, construction, construction-related services, architectural services, and engineering services, and with a total dollar value between $50,000 and $500,000, shall be designated for the small business reserve, except for:

a. Preference procurements made from a preference provider;

b. Procurements involving expenditures of federal dollars, to the extent that inclusion in the small business reserve program conflicts with federal law or grant provisions;

c. Small procurements as classified in COMAR 21.05.07.04;

d. Procurements of human, social, cultural, and educational services; and

e. Certain term and master contracts, as determined by the Governor’s Office and the Office of State Procurement in the Department of General Services.

C. A procurement is exempt from designation for the small business reserve if the Governor’s Office certifies — concurrently with review of any waiver determinations for certified minority business enterprise contract goals — that it is not practicable to do so.

D. The Office of State Procurement in the Department of General Services shall assist the Governor’s Office in establishing procedures and guidelines for the efficient exemption of procurements from the small business reserve and as may otherwise be appropriate for the implementation and administration of this Executive Order.

E. When delegating procurement authority to the procurement agencies, the Department of General Services shall condition the delegation on compliance with this Executive Order.

F. All Executive agencies shall implement this Executive Order in a manner that is consistent with all applicable statutes, including the public policy favoring advancements of women- and minority-owned businesses as set forth in Title 14, Subtitle 3, of the State Finance & Procurement Article of the Code of Maryland and related regulations.

G. Nothing in this Executive Order shall operate to contravene federal law or to affect the State’s receipt of federal funding.

H. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, the provisions or applications of the Executive Order are severable, and all others shall remain in effect to the extent possible without the invalid provision or application.

Administrative History

Effective date: January 6, 2021

01.01.2020 Executive Orders 2020

COMAR 01.01.2020.05 State Transparency and Accountability Reform Commission

A. There is a State Transparency and Accountability Reform Commission (the “Commission”).

B. Membership and Procedures.

(1) The Commission shall consist of the following members:

(a) The Secretary of Budget and Management, or the Secretary’s designee;

(b) The Secretary of Commerce, or the Secretary’s designee;

(d) The Secretary of the Environment, or the Secretary’s designee;

(e) The Secretary of Natural Resources, or the Secretary’s designee;

(f) The Maryland Insurance Commissioner, or the Commissioner’s designee;

(g) Two members of the House of Delegates, one appointed by the Speaker of the House and one by the House Minority Leader;

(h) Two members of the Senate of Maryland, one appointed by the President of the Senate and one by the Senate Minority Leader;

(i) An expert in ethics, appointed by the Governor;

(j) An expert in financial matters, appointed by the Governor; and

(k) Two members of the general public, appointed by the Governor.

(2) The Governor shall select the Chairperson from among the members.

(3) The members appointed by the Governor serve at the pleasure of the Governor.

(4) The Office of the Governor shall provide support staff for the Commission.

(5) A majority of the authorized membership of the Commission shall constitute a quorum for the transaction of any Commission business.

(6) Members of the Commission may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

C. To ensure adherence to the highest ethical standards, and identify commonalities that support unified policies and regulations for standardized oversight and accountability, the Commission shall review and investigate the operations and structures of the following State instrumentalities (“quasi-governmental agencies”):

(1) Maryland Agricultural and Resource-Based Industry Development Corporation;

(2) Bainbridge Development Corporation;

(3) Canal Place Preservation and Development Authority;

(4) Maryland Economic Development Corporation;

(5) Maryland Clean Energy Center;

(6) Maryland Environmental Service;

(7) Maryland Food Center Authority;

(8) Maryland Health and Higher Educational Facilities Authority;

(9) Maryland Automobile Insurance Fund;

(10) Maryland Stadium Authority;

(11) Maryland Technology Development Corporation;

(12) Northeast Maryland Waste Disposal Authority;

(13) Maryland Industrial Development Financing Authority;

(14) Maryland Venture Capital Trust; and

(15) Any others, as deemed appropriate by the Commission, that are:

(a) body politic and corporate, or similarly independent; or

(b) otherwise authorized to:

i. bill their costs and expenses to persons or governments subject to their jurisdiction;

ii. pay commissions or bonuses to employees or agents;

iii. seek private grants, gifts, bequests, endowments, and legacies, or other contributions from the private sector;

iv. enter into private sector cooperative agreements; or

v. acquire, hold, sell, convey, assign, lease, transfer, or dispose of property, or enter into contracts incident thereto, independently of the Board of Public Works or Department of General Services, or are otherwise exempt from the General Procurement Law of the State.

D. For each quasi-governmental agency, the Commission shall study and if appropriate make recommendations about:

(1) Term limits for members or directors;

(2) Employees serving as members or directors;

(3) Requirements for financial and conflict-of-interest disclosures;

(4) Standards:

(a) To maintain and improve the efficiency and effectiveness of governmental operations; and

(b) For ethical responsibilities regarding:

i. out-of-state travel;

ii. bonuses and severance pay;

iii. conflicts of interest; and

iv. reimbursable expenses;

(5) Instruction on ethics;

(6) Independent financial and compliance audits;

(7) Preparation of budgets;

(8) Periodic reports on activities, findings, accomplishments, business transactions, and financial condition;

(9) The balance between independence and accountability necessary for efficient or effective operations; and

(10) Any other matter that the Commission considers appropriate and relevant.

E. All Executive Branch units subject to the supervision and direction of the Governor shall cooperate with and assist the Commission in fulfilling its duties.

F. On or before December 1, 2021, the Commission shall report to the Governor and General Assembly on the Commission’s findings and recommendations.

Administrative History

Effective date: December 16, 2020

COMAR 01.01.2020.02 Reorganization of State Government Governor’s Office of Crime Prevention, Youth, and Victim Services

AN EXECUTIVE ORDER PURSUANT TO ARTICLE II, SECTION 24 OF THE CONSTITUTION OF MARYLAND

FOR the purpose of renaming the Governor’s Office of Crime Control and Prevention to be the Governor’s Office of Crime Prevention, Youth, and Victim Services; renaming the Governor’s Office for Children to be the Division of Children and Youth under the Governor’s Office of Crime Prevention, Youth, and Victim Services; providing that the Governor’s Office of Crime Prevention, Youth, and Victim Services shall be the successor to the Governor’s Office of Crime Control and Prevention; providing that the Division of Children and Youth shall be the successor of the Governor’s Office for Children; establishing the duties of the Governor’s Office of Crime Prevention, Youth, and Victim Services and the Division of Children and Youth; providing that certain employees transferred as a result of this Act shall be transferred without diminution of certain rights, benefits, or employment or retirement status; providing for the continuity of certain transactions affected by or flowing from this Act; providing for the continuity of certain laws, rules and regulations, standards and guidelines, policies, orders, and other directives, permits and licenses, applications, forms, plans, memberships, contracts, property, investigations, and administrative and judicial responsibilities; providing for appropriate transitional provisions relating to the continuity of certain boards and other units; providing that certain property, records, fixtures, appropriations, credits, assets, liabilities, obligations, rights, and privileges are transferred to the Governor’s Office of Crime Prevention, Youth, and Victim Services; providing for the continuity of certain contracts, agreements, grants, or other obligations; requiring the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, to correct any cross-references or terminology rendered incorrect by this Executive Order and to describe any corrections made in an editor’s note following the section affected; and generally relating to the establishment of the Governor’s Office of Crime Prevention, Youth, and Victim Services and the Division of Children and Youth.

SECTION 1. BE IT ORDERED BY THE GOVERNOR OF MARYLAND , pursuant to Article II, Section 24, of the Constitution of Maryland, that the Laws of Maryland read as follows:

Article – Correctional Services

COMAR 01.01.2020 3–518. Maryland Correctional Enterprises Management Council — Membership.

(a) The Management Council consists of the following 15 members:

(9) a representative of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, appointed by the Governor;

COMAR 01.01.2020 9–603. Methadone detoxification program.

(a)(2)(i) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, the Maryland Department of Health, and the Maryland Correctional Administrators Association shall evaluate the implementation of the requirements of this section and determine a schedule to add additional counties, provided that the provisions of this section shall apply to all local detention centers and the Baltimore Pre–trial Complex by January 2023.

(2)(i) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, the Maryland Department of Health, and the Maryland Correctional Administrators Association shall evaluate the implementation of the requirements of this section and determine a schedule to add additional counties, provided that the provisions of this section shall apply to all local detention centers and the Baltimore Pre–trial Complex by January 2023.

(i) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, the Maryland Department of Health, and the Maryland Correctional Administrators Association shall evaluate the implementation of the requirements of this section and determine a schedule to add additional counties, provided that the provisions of this section shall apply to all local detention centers and the Baltimore Pre–trial Complex by January 2023.

(j) On or before November 1, 2020, and annually thereafter, the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall report data from individual local correctional facilities to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

(1) the number of inmates diagnosed with:

(i) a mental health disorder;

(k) Any behavioral health assessment, evaluation, treatment recommendation, or course of treatment shall be reported to the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES and also include any other data necessary to meet reporting requirements under this section.

COMAR 01.01.2020 9–614. Restrictive housing reports.

(b)(1) On or before December 31 each year, each correctional unit shall submit data to the GOVERNOR’S OFFICE OF CRIME PREVENTION , YOUTH, AND VICTIM SERVICES showing, by correctional unit:

(1) On or before December 31 each year, each correctional unit shall submit data to the GOVERNOR’S OFFICE OF CRIME PREVENTION , YOUTH, AND VICTIM SERVICES showing, by correctional unit:

(i) the total population of the correctional unit;

(2) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall make the information submitted in accordance with paragraph(1) of this subsection available on its website and, when the information has been received from every correctional unit in accordance with paragraph(1) of this subsection, promptly submit the information in a report to the General Assembly, in accordance with § 2–1257 of the State Government Article.

Article – Courts and Judicial Proceedings

COMAR 01.01.2020 3–1510. Shielding of records.

(a)(5) “Victim services provider” means a nonprofit or governmental organization that has been authorized by the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to have online access to records of shielded peace orders in order to assist victims of abuse.

(5) “Victim services provider” means a nonprofit or governmental organization that has been authorized by the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to have online access to records of shielded peace orders in order to assist victims of abuse.

(h) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, in consultation with the Maryland Judiciary, may adopt regulations governing online access to shielded records by a victim services provider.

Article – Criminal Law

COMAR 01.01.2020 10–626. Animal Abuse Emergency Compensation Fund.

(d)(1) The Executive Director of THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall administer the Fund.

(1) The Executive Director of THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall administer the Fund.

Article – Criminal Procedure

COMAR 01.01.2020 2–404. Report.

On or before December 31, 2009, and annually thereafter, the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall report to the House Judiciary Committee and the Senate Judicial Proceedings Committee, in accordance with § 2–1257 of the State Government Article on the progress of jurisdictions and the Department of State Police in establishing interrogation rooms capable of creating audiovisual recordings of custodial interrogations.

COMAR 01.01.2020 10–208. Membership.

(a)(4) The Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

(4) The Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

COMAR 01.01.2020 10–209. Quorum; ex officio members; meetings; expenses; staff.

(b) The Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, the Attorney General, and the Director of the Maryland Justice Analysis Center of the Department of Criminology and Criminal Justice of the University of Maryland shall serve on the Advisory Board as ex officio members.

(e) Subject to the approval of the head of the appropriate unit, the Advisory Board may use the staff and facilities of the Department, the Administrative Office of the Courts, and the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES in the performance of its functions.

COMAR 01.01.2020 11–801. Definitions.

(f) “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 11–804. Criminal Injuries Compensation Board.

(a) There is a Criminal Injuries Compensation Board in the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 11–910. Definitions.

(d) “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 11–911. Established.

There is a State Board of Victim Services in the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 11–914. Duties.

Subject to the authority of the Executive Director, the Board shall:

(6) approve or disapprove each grant application submitted by the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

COMAR 01.01.2020 11–919. Grant Program.

(b) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall:

(1) adopt regulations for the administration and award of grants under Part II of this subtitle; and

(c)(1) approve each grant application received by the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES before any money is released from the Fund;

(1) approve each grant application received by the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES before any money is released from the Fund;

COMAR 01.01.2020 11–923. Sexual assault crisis programs.

(c)(1) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall help establish sexual assault crisis programs in the State.

(1) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall help establish sexual assault crisis programs in the State.

(d) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES may award grants to public or private nonprofit organizations to operate the sexual assault crisis programs certified by the federally recognized State sexual assault coalition.

(e) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall regularly consult, collaborate with, and consider the recommendations of the federally recognized State sexual assault coalition regarding sexual assault crisis programs and policies, practices, and procedures that impact victims of sexual assault.

(g) The Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall include a report on the sexual assault crisis programs in the annual report submitted by the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to the General Assembly, in accordance with § 2–1257 of the State Government Article.

COMAR 01.01.2020 11–927. Maryland Sexual Assault Evidence Kit Policy and Funding Committee.

(d)(2) The Committee consists of the following members:

(2) The Committee consists of the following members:

(ix) the following members appointed by the Governor:

one representative of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 11–928. Child advocacy centers.

(a) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall establish and sustain child advocacy centers in the State and ensure that every child in the State has access to a child advocacy center.

(c) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES may contract with public or private nonprofit organizations to operate child advocacy centers.

(d)(1) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall contract with a nonprofit organization that is qualified under § 501(c) (3) of the Internal Revenue Code and represents urban, rural, and suburban child advocacy centers in the State to establish a Maryland Statewide Organization for Child Advocacy Centers.

(1) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall contract with a nonprofit organization that is qualified under § 501(c) (3) of the Internal Revenue Code and represents urban, rural, and suburban child advocacy centers in the State to establish a Maryland Statewide Organization for Child Advocacy Centers.

(e) Money for child advocacy centers:

(1) shall be distributed to child advocacy centers in accordance with a formula agreed on by the Maryland Statewide Organization for Child Advocacy Centers and the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

(f) On or before June 1 each year, the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall submit an annual report, in accordance with § 2–1257 of the State Government Article, on child advocacy centers to the General Assembly.

COMAR 01.01.2020 11–1006. Programs for survivors of homicide victims.

(c)(1) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall help establish and expand programs for survivors of homicide victims in the State.

(1) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall help establish and expand programs for survivors of homicide victims in the State.

(d) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall award grants to public or private nonprofit organizations to operate the programs for survivors of homicide victims.

(e) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES regularly shall consult, collaborate with, and consider the recommendations of service providers to survivors of homicide victims regarding programs, policies, practices, and procedures that impact survivors of homicide victims.

(g) On or before October 1 each year, the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall include a report on the programs for survivors of homicide victims in the annual report submitted by the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to the General Assembly, in accordance with § 2–1257 of the State Government Article.

COMAR 01.01.2020 11–1008. Pilot Program for Preventing HIV Infection for Rape Victims.

(b)(3) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall administer the pilot program.

(3) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall administer the pilot program.

COMAR 01.01.2020 11–1101. Definitions.

(c) “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 11–1102. Victim Services Unit.

(a) There is a Victim Services Unit in the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(b)(4) any other program that provides victim services under the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES that the Executive Director determines would benefit from inclusion under the Unit.

(4) any other program that provides victim services under the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES that the Executive Director determines would benefit from inclusion under the Unit.

COMAR 01.01.2020 12–403. Disposition of forfeited property.

(2) may ask the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to determine its share.

COMAR 01.01.2020 12–601. Definitions.

In this subtitle, “MSAC” means the Maryland Statistical Analysis Center of THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 12–602. Reporting expenditure of forfeited funds.

(e)(2) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall submit the aggregate report to the Governor, the General Assembly, as provided in § 2–1257 of the State Government Article, and each seizing authority before September 1 of each year

(2) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall submit the aggregate report to the Governor, the General Assembly, as provided in § 2–1257 of the State Government Article, and each seizing authority before September 1 of each year

(f)(1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall include in the aggregate report the total amount from forfeitures deposited in the General Fund of the State under § 12–405 of this title that were appropriated to the Maryland Department of Health for the purpose of funding drug treatment and education programs and how the funds were spent.

(1) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall include in the aggregate report the total amount from forfeitures deposited in the General Fund of the State under § 12–405 of this title that were appropriated to the Maryland Department of Health for the purpose of funding drug treatment and education programs and how the funds were spent.

(2) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES may include, with the aggregate report of MSAC, recommendations to the legislature to improve forfeiture statutes to better ensure that forfeiture proceedings are reported and handled in a manner that is fair to crime victims, innocent property owners, secured interest holders, citizens, and taxpayers.

(g)(1)(i) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall report the noncompliance to the Police Training Commission; and

(1)(i) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall report the noncompliance to the Police Training Commission; and

(i) THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall report the noncompliance to the Police Training Commission; and

(2) If the seizing authority fails to comply with the required reporting provisions within 30 days after being contacted by the Police Training and Standards Commission, THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES and the Police Training and Standards Commission jointly shall report the noncompliance to the Governor and the Legislative Policy Committee of the General Assembly.

Article – Education

COMAR 01.01.2020 8–417. Rate setting for residential and nonresidential child care programs and nonpublic general education schools.

(b)(2) The Department of Human Services, the Department of Juvenile Services, the Department of Budget and Management, the Maryland Department of Health, and the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall participate with the Department in the development and implementation of rates in programs licensed or approved by those agencies to the extent required by federal and State law.

(2) The Department of Human Services, the Department of Juvenile Services, the Department of Budget and Management, the Maryland Department of Health, and the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall participate with the Department in the development and implementation of rates in programs licensed or approved by those agencies to the extent required by federal and State law.

COMAR 01.01.2020 9.5–203. Membership.

(a) The Council consists of the following members:

(6) The Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee;

Article – Family Law

COMAR 01.01.2020 4–501. Definitions.

(h) “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 4–503. Notice of victim's rights to victim.

(a) A law enforcement officer who responds to a request for help under § 4–502 of this Part I of this subtitle shall give the victim a written notice that:

(1) includes the telephone number of a local domestic violence program that receives funding from the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES; and

COMAR 01.01.2020 4–512. Shielding of records.

COMAR 01.01.2020 4–515. Domestic violence program.

(a)(1) The Executive Director shall establish a program in the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to help victims of domestic violence and their children.

(1) The Executive Director shall establish a program in the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to help victims of domestic violence and their children.

(2) the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall:

(i) supervise the program;

COMAR 01.01.2020 5–704. 4 Safe Harbor Regional Navigator Grant Program.

(a)(3) “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(3) “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(f) Notwithstanding any appropriation made under subsection (h) of this section, not later than October 1, 2019, the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall provide grant funding for services provided by the Safe Harbor Regional Navigator Grant Program.

COMAR 01.01.2020 5–1102. Grant award procedures — Department of Human Services.

(3) the DEPUTY DIRECTOR of the DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES who shall serve as the chairman of the committee.

COMAR 01.01.2020 5–1103. Grant award procedures — Maryland Department of Health.

(3) the DEPUTY DIRECTOR of the DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES who shall serve as chairman of the committee.

Article – Health–General

COMAR 01.01.2020 5–703. Membership.

(a) The State Team shall be a multidisciplinary and multiagency review team, composed of at least 25 members, including:

(7) The DEPUTY Director of the DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES or the DEPUTY Director’s designee

COMAR 01.01.2020 7.5–303. Membership; chair; term.

(a)(1) The Council consists of the following members:

(1) The Council consists of the following members:

(xi) The DEPUTY DIRECTOR OF THE DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the DEPUTY Director’s designee;

(xii) The Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee;

COMAR 01.01.2020 13–1504. State Children's Environmental Health.

(a)(1) The Advisory Council shall be composed of 19 members as follows:

(1) The Advisory Council shall be composed of 19 members as follows:

(ix) The EXECUTIVE DIRECTOR of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the EXECUTIVE DIRECTOR’S designee;

COMAR 01.01.2020 15–139. Amendment of State Medical Assistance Program to receive federal matching funds.

(d)(1) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall adopt regulations to carry out the provisions of subsection (c)(2) of this section.

(1) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall adopt regulations to carry out the provisions of subsection (c)(2) of this section.

COMAR 01.01.2020 24–904. Standing Advisory Committee on Opioid-Associated Disease Prevention and Outreach Programs.

(b) The Standing Advisory Committee shall consist of:

(3) One representative from law enforcement, nominated by the Executive Director of GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

Article – Health–Occupations

COMAR 01.01.2020 20–101. Definitions.

(l)(2) “Residential child care program” includes a program:

(2) “Residential child care program” includes a program:

(ii) That is subject to the licensing requirements of the DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES governing the operations of residential child care programs.

Article – Housing and Community Development

COMAR 01.01.2020 4–2103. Council — Membership; removal.

(a) The Council consists of the following members:

(13) the following members, appointed by the Governor:

(i) one representative of the DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

Article – Human Services

COMAR 01.01.2020 1–210. Disclosure of information and records — In general.

Notwithstanding any other State law and except as provided in § 1–211 of this subtitle, on written request, a public agency shall disclose information and records on children, youth, and families served by that agency to:

(3) the DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 6–604. Membership.

(a) The Commission consists of the following 18 members appointed by the Governor:

(6) the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES OR EXECUTIVE DIRECTOR’S DESIGNEE;

COMAR 01.01.2020 7–128. Interagency Disabilities Board — Membership.

The Board consists of the following members:

(12) the DEPUTY Director of the DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the DEPUTY Director’s designee;

(16) the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee; and

COMAR 01.01.2020 8–101. Definitions.

(G) “DEPUTY DIRECTOR” MEANS THE DEPUTY DIRECTOR OF THE DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(H) “DIVISION” MEANS THE DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(I) “Evidence–based” means meeting the criteria for an evidence–based early childhood home visiting service delivery model as defined by the federal Department of Health and Human Services.

(J) “Executive Director” means the Executive Director of the THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(K)(1) “Family” means an eligible child’s natural, adoptive, or foster parents.

(1) “Family” means an eligible child’s natural, adoptive, or foster parents.

(L)(1) “Home visiting program” means a program or initiative that:

(1) “Home visiting program” means a program or initiative that:

(i) contains home visiting as a primary service delivery strategy;

(M) “Hospital” has the meaning stated in § 19–301 of the Health–General Article.

(N) “Local behavioral health authority” has the meaning stated in § 7.5–101 of the Health–General Article.

(O) “Local management board” means an entity established or designated by a county under Subtitle 3 of this title to ensure the implementation of a local, interagency service delivery system for children, youth, and families.

(P) “Office” means the THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(Q) “Promising” means a home visiting program or practice that:

(1) does not yet meet the standard for evidence–based practices; and

(R) “Public agency” means a State or local government unit or a quasi–governmental entity.

(S)(1) “Residential child care program” means an entity that provides 24–hour per day care for children within a structured set of services and activities that are designed to achieve specific objectives relative to the needs of the children served and that include the provision of food, clothing, shelter, education, social services, health, mental health, recreation, or any combination of these services and activities.

(1) “Residential child care program” means an entity that provides 24–hour per day care for children within a structured set of services and activities that are designed to achieve specific objectives relative to the needs of the children served and that include the provision of food, clothing, shelter, education, social services, health, mental health, recreation, or any combination of these services and activities.

COMAR 01.01.2020 8–306. Strategic plan to raise revenue.

(a) On or before January 1, 2018, the Prince George’s County Local Management Board shall:

(1) develop and implement a strategic plan to raise revenues to match the total funding provided by the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

COMAR 01.01.2020 8–402. State Coordinating Council — Membership.

(a) The Council consists of the following members:

(1) the DEPUTY Director of the DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee;

COMAR 01.01.2020 8–507. Home visiting programs — Reports.

(a)(1) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES and the agencies of the Children’s Cabinet, with input from local management boards, local home visiting programs, and the Early Childhood Advisory Council, shall require the recipients of State funding for home visiting programs to submit reports to the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES on a regular basis.

(1) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES and the agencies of the Children’s Cabinet, with input from local management boards, local home visiting programs, and the Early Childhood Advisory Council, shall require the recipients of State funding for home visiting programs to submit reports to the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES on a regular basis.

(b) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES and the agencies of the Children’s Cabinet shall develop a standardized reporting mechanism for the purpose of collecting information about and monitoring the effectiveness of State–funded home visiting programs

(c) On or before December 1, 2013, and at least every 2 years thereafter, the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES and the agencies of the Children’s Cabinet shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, the House Ways and Means Committee, and the Joint Committee on Children, Youth, and Families on the implementation and outcomes of State–funded home visiting programs.

Article – Public Safety

COMAR 01.01.2020 1–401. General consideration.

(b) The Board consists of the following members:

(9) the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, or the Executive Director’s designee; and

COMAR 01.01.2020 2–514. Annual report — Status of crime scene DNA collection and analysis.

(a) On or before April 1, 2010, and on or before April 1 of every even– numbered year thereafter, each local law enforcement unit shall report to the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES on the status of crime scene DNA collection and analysis in its respective jurisdiction for the preceding calendar year, and the Department shall report to the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES on the status of crime scene DNA collection statewide for the preceding calendar year, including:

(1) the crimes for which crime scene DNA evidence is routinely collected;

(b) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall compile the information reported by the local law enforcement units and the Department under subsection(a) of this section and submit an annual summary report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

COMAR 01.01.2020 3–207. General power and duties of Commission.

(a) The Commission has the following powers and duties:

(18) to develop, with the cooperation of the Office of the Attorney General, the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, and the Federal Trade Commission, a uniform identity fraud reporting form that:

(i) makes transmitted data available on or before October 1, 2011, for use by each law enforcement agency of State and local government; and

(h) The Commission shall distribute the victim’s representation notification form developed by the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES under § 12–206.1(e) of the Transportation Article to each law enforcement agency in the State.

COMAR 01.01.2020 3–507. Report on death involving law enforcement officer.

(b) Every year, on or before March 1, 2016, and March 1 of each subsequent year, each local law enforcement agency shall provide the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES with information, for the previous calendar year, about each officer–involved death and death in the line of duty that involved a law enforcement officer employed by the agency, to include at a minimum:

(1) the age, gender, ethnicity, and race of a deceased individual;

(c) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall adopt procedures for the collection and analysis of the information described in subsection (b) of this section.

(d) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall analyze and disseminate the information provided under subsection (b) of this section.

(e) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall make an annual report on the incidence of officer–involved deaths and deaths in the line of duty in the State to the General Assembly, in accordance with § 2–1257 of the State Government Article, on or before June 30 of each year.

COMAR 01.01.2020 4–101. Definitions.

(b) “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 4–401. Rape Kit Testing Grant Fund.

(d) The Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall:

COMAR 01.01.2020 4–501. Definitions.

(e) “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 4–601. Definitions.

(b) “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 4–701. Definitions.

(c) “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 4–703. Grants from Fund.

(f) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES and the Maryland Police Training and Standards Commission shall provide technical assistance to agencies in applying for:

(1) money from the Fund; or

COMAR 01.01.2020 4–901. Definitions.

(e) “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 4–903. Maryland Violence Intervention and Prevention Advisory Council.

(a) There is a Maryland Violence Intervention and Prevention Advisory Council in the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(d)(3) The results of the evaluation under paragraph (2) of this subsection shall be posted to the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES’ website.

(3) The results of the evaluation under paragraph (2) of this subsection shall be posted to the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES’ website.

COMAR 01.01.2020 4–906. Cash or in-kind match.

(c) In addition to any other reporting requirements from the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES, grantees shall submit a report at the end of each grant cycle that shall:

(2) be posted to the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES’ website.

COMAR 01.01.2020 4–1008. Requirements related to receipt of funding.

A local government or nonprofit entity that receives funding under this subtitle:

(2) shall comply with any data sharing and reporting requirements established by the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES under § 4–1009 of this subtitle as a condition of receiving funding.

COMAR 01.01.2020 4–1009. Outcome-based performance measures.

(a) In this section, “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(c)(1) On or before October 1, 2020, and every October 1 thereafter, the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall place on its website in an easily accessible location a filterable data display showing all data collected under this subtitle pertaining to outcome–based performance measures under this section for the previous fiscal year.

(1) On or before October 1, 2020, and every October 1 thereafter, the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall place on its website in an easily accessible location a filterable data display showing all data collected under this subtitle pertaining to outcome–based performance measures under this section for the previous fiscal year.

(2) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall notify annually in writing the Governor and the Legislative Policy Committee, in accordance with § 2–1257 of the State Government Article, when the filterable data display has been updated under paragraph(1) of this subsection.

COMAR 01.01.2020 4–1101. Definitions.

(c) “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 4–1201. Reports on funds.

(a) This subtitle applies only to each grant the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES makes to the Baltimore Police Department.

(b) The purpose of this subtitle is to ensure that grants from the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to the Baltimore Police Department for community policing efforts are used for that purpose.

(c)(1) In fiscal year 2019, the Baltimore Police Department shall prepare a half–year report on the expenditure of grants received from the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(1) In fiscal year 2019, the Baltimore Police Department shall prepare a half–year report on the expenditure of grants received from the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(2) In fiscal year 2020 and in each subsequent fiscal year, the Baltimore Police Department shall prepare an annual report on the expenditure of grants received from the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(d) The report required under subsection (c) of this section shall include:

(1) the intended use of each grant from the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES to the Baltimore Police Department; and

(2) the specific expenditures made by the Baltimore Police Department with any monetary grants received from the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 4–1301. Definitions.

(b) “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 4–1401. Definitions.

(b) “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 5–502. Cease Fire Council.

(a) There is a Cease Fire Council in the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(b)(2) Of the 11 members of the Council:

(2) Of the 11 members of the Council:

(iv) one shall be the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES or a designee;

(f)(1) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall provide staff support for the Council.

(1) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall provide staff support for the Council.

(2) The Assistant Attorney General assigned to the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES is the legal advisor to the Council.

COMAR 01.01.2020 12–110. Council for the Procurement of Health, Educational, and Social Services.

(c)(1) The Council consists of the following members:

(1) The Council consists of the following members:

(x) the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

(xi) the DEPUTY Director of the DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

Article – State Government

COMAR 01.01.2020 6–401. Definitions.

(d) “DEPUTY Director” means the DEPUTY Director of the DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 6–404. Duties.

The Unit shall:

(8) collaborate with the Department, the Department of Human Services, the Maryland Department of Health, and the DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES in all matters related to the licensing and monitoring of children’s residential facilities; and

COMAR 01.01.2020 6–406. Reports.

(a) The Unit shall report in a timely manner to the DEPUTY Director, the Secretary, and, in accordance with § 2–1257 of this article, the Speaker of the House of Delegates and the President of the Senate:

(1) knowledge of any problem regarding the care, supervision, and treatment of children in facilities;

COMAR 01.01.2020 9–2701. Maryland Youth Advisory Council.

(c)(1) The Council consists of:

(1) The Council consists of:

(iv) the following members appointed by the DIVISION OF CHILDREN AND YOUTH OF THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES:

four youths nominated by the local management boards established under § 8–301 of the Human Services Article;

COMAR 01.01.2020 9–3201. Definitions.

(c) “Executive Director” means the Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 9–3202. Board established.

There is a Justice Reinvestment Oversight Board in the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

COMAR 01.01.2020 9–3206. Staff.

The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall provide staff for the Board.

COMAR 01.01.2020 9–3207. Powers and duties.

(e)(2) The Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall appoint members of the advisory board, subject to the approval of the chair of the Board.

(2) The Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall appoint members of the advisory board, subject to the approval of the chair of the Board.

COMAR 01.01.2020 9–3209. Performance Incentive Grant Fund.

(b)(4) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall receive from the Fund each fiscal year the amount necessary to offset the costs of administering the Fund, including the costs incurred in an agreement to collect and interpret data as authorized by § 9–3207 of this subtitle.

(4) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall receive from the Fund each fiscal year the amount necessary to offset the costs of administering the Fund, including the costs incurred in an agreement to collect and interpret data as authorized by § 9–3207 of this subtitle.

COMAR 01.01.2020 9–3211. Local Government Justice Reinvestment Commission.

(g) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall provide staff for the Commission.

COMAR 01.01.2020 10–1503. Council on Open Data.

(b) The Council consists of the following 37 members:

(22) The Executive Director of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES;

Article – Transportation

COMAR 01.01.2020 12–206.1. Victim's representation notification form.

(b)(1) During the investigation of a moving violation, the investigating agency shall:

(1) During the investigation of a moving violation, the investigating agency shall:

(ii) Provide the victim’s representative with a copy of the victim’s representation notification form developed by the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES under subsection (e) of this section.

(e) The GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES shall develop and, as necessary, update a uniform victim’s representation notification form that may be filed by a victim’s representative under this section.

COMAR 01.01.2020 25–113. Race-based traffic stops.

(a)(5) “Maryland Statistical Analysis Center” means the research, development, and evaluation component of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

(5) “Maryland Statistical Analysis Center” means the research, development, and evaluation component of the GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM SERVICES.

SECTION 2. AND BE IT FURTHER ORDERED, That, as provided in this Executive Order:

(a)(1) The Governor’s Office of Crime Prevention, Youth, and Victim Services is the successor of the Governor’s Office of Crime Control and Prevention.

(1) The Governor’s Office of Crime Prevention, Youth, and Victim Services is the successor of the Governor’s Office of Crime Control and Prevention.

(2) The Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services is the successor of the Executive Director of the Governor’s Office of Crime Control and Prevention.

(3) The Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services is the successor of the Governor’s Office for Children.

(4) The Deputy Director of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services is the successor of the Executive Director of the Governor’s Office for Children.

SECTION 3. AND BE IT FURTHER ORDERED , that all persons who, as of the effective date of this Order, are employed in the Governor’s Office of Crime Control and Prevention, the Maryland Statistical Analysis Center, and the Governor’s Office for Children are hereby transferred to the Governor’s Office of Crime Prevention, Youth, and Victim Services without any change or loss of rights or status, and shall retain their merit system and retirement system status.

SECTION 4. AND BE IT FURTHER ORDERED , that any transaction affected by or arising from any statute here amended, repealed, or transferred, and validly entered into before the effective date of this Order and every right, duty, or interest flowing from it remains valid after the effective date and may be terminated, completed, consummated, or enforced pursuant to law.

SECTION 5. AND BE IT FURTHER ORDERED , that all rules and regulations, proposed rules and regulations, standards and guidelines, proposed standards and guidelines, orders and other directives, forms, plans, memberships, special funds, appropriations, grants, applications for grants, contracts, property, investigations, administrative and judicial proceedings, rights to sue and be sued, and all other duties and responsibilities associated with those functions of the Governor’s Office of Crime Control and Prevention, the Maryland Statistical Analysis Center, and the Governor’s Office for Children transferred by this Order shall continue in effect under the Governor’s Office of Crime Prevention, Youth, and Victim Services.

SECTION 6. AND BE IT FURTHER ORDERED , that any unexpended appropriation for the purpose of financing the Governor’s Office of Crime Control and Prevention, the Maryland Statistical Analysis Center, and the Governor’s Office for Children shall be transferred by approved budget amendment to the Governor’s Office of Crime Prevention, Youth, and Victim Services.

SECTION 7. AND BE IT FURTHER ORDERED , that nothing in this Act shall affect the terms of office of a member of any division, board, council, commission, authority, office, unit, or other entity that is transferred by this Act to the Governor’s Office of Crime Prevention, Youth, and Victim Services. An individual who is a member of any such entity on the effective date of this Act shall remain a member for the balance of the term to which the member is appointed, unless the member sooner dies, resigns, or is removed under appropriate provisions of law.

SECTION 8. AND BE IT FURTHER ORDERED , that the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, shall correct, with no further action required by the General Assembly, cross-references and terminology rendered incorrect by this Executive Order. The publisher shall adequately describe any correction that is made in an editor’s note following the section affected.

SECTION 9. AND BE IT FURTHER ORDERED , that this Executive Order shall become effective and have the force of law on the 27th day of February, 2020, unless specifically disapproved within 50 days after submission, by a Resolution of Disapproval concurred in by a majority vote of all members of either House of the General Assembly.

Administrative History

Effective date: January 27, 2020

01.01.2019 Executive Orders 2019

COMAR 01.01.2019.07 Maryland Cyber Defense Initiative

A. There is a Maryland Cyber Defense Initiative to strengthen the State’s ability to manage the consequences of a cybersecurity incident.

B. State Chief Information Security Officer.

There is a State Chief Information Security Officer (“SCISO”).
The SCISO shall be appointed by, and serve at the pleasure of, the Governor.
The SCISO shall report to, and be supervised by, the Secretary of Information Technology and serve as the Department of Information Technology (“DoIT”) chief information security officer.
The SCISO shall provide cybersecurity advice, recommendations, and consultation to the Governor when requested.

C. Office of Security Management.

There is an Office of Security Management within DoIT that is managed and supervised by the SCISO.
The Office is responsible for the direction, coordination, and implementation of the overall cybersecurity strategy and policy for the Executive Branch of State government (“State Government”), including, but not limited to:

i. Standards to categorize all information and information systems collected or maintained by or on behalf of each unit of State Government;

ii. Guidelines governing the types of information and information systems to be included in each category;

iii. Security requirements (i.e., management, operational, and technical controls) for information and information systems in each category;

iv. Assessing the categorization of systems and data, and the associated implementation of information security requirements;

v. Determining whether a system should be allowed to continue to operate or be connected to the network created pursuant to §3A-404 of the State Finance and Procurement Article of the Code of Maryland if the SCISO concludes that there are security vulnerabilities or deficiencies in the implementation of information security requirements;

vi. Management of security awareness training for all appropriate employees of State Government;

vii. Assisting in the development of data management, data governance, and data specification standards to promote standardization and reduce risk; and

viii. Assisting in the development of a digital identity standard and specification applicable to all parties communicating, interacting, or conducting business with or on behalf of State Government.

D. Maryland Cybersecurity Coordinating Council.

There is a Maryland Cybersecurity Coordinating Council (“MCCC”).
The MCCC shall provide advice and recommendations to the SCISO about:

i. The strategy and implementation of cybersecurity initiatives and recommendations; and

ii. Building and sustaining the State’s capability to identify, mitigate, and detect cybersecurity risk, and respond to and recover from cybersecurity-related incidents.

Each of the following State officials, or a senior staff member designated by each official, shall be a member of the MCCC:

i. The Director of the Governor’s Office of Homeland Security;

ii. The Secretary of Budget and Management;

iii. The Secretary of General Services;

iv. The Secretary of Human Services;

v. The Secretary of Public Safety and Correctional Services;

vi. The Secretary of Health;

vii. The Adjutant General;

viii. The Director of the Maryland Emergency Management Agency;

ix. The Superintendent of State Police; and

x. The Secretary of Transportation.

The Chair of the MCCC is the SCISO.
The MCCC shall meet at least quarterly upon request of the Chair.
The MCCC may consult with outside experts, including but not limited to experts in the private sector, government agencies, and institutions of higher education.

Administrative History

Effective date: June 18, 2019

COMAR 01.01.2019.06 (Amends Executive Order 01.01.2019.02)

Commission to Study Mental and Behavioral Health in Maryland

A. Establishment. There is a Governor’s Commission to Study Mental and Behavioral Health in Maryland (the “Commission”).

B. Membership.

(1) The Commission shall consist of the following members:

(a) The Lieutenant Governor;

(b) Two appointees of the President of the Maryland Senate;

(d) A representative of the Judicial system of the State, appointed by the Chief Judge of the Court of Appeals;

(e) The Secretary of the Department of Health, or the Secretary’s designee;

(f) The Deputy Secretary for Behavioral Health, or the Secretary’s designee;

(g) The Secretary of the State Police, or the Secretary’s designee;

(h) The Secretary of Public Safety and Correctional Services, or the Secretary’s designee;

(i) The Secretary of Human Services, or the Secretary’s designee;

(j) The Maryland Insurance Commissioner, or the Commissioner’s designee;

(k) The Executive Director of the Opioid Operational Command Center;

(l) The Secretary of Disabilities, or the Secretary’s designee;

(m) The State Superintendent of Schools, or the Superintendent’s designee; and

(n) Six public members, to be appointed by the Governor, representing a range of experience related to mental health, including lived experiences, clinical expertise, work within the criminal justice system, and the provision of social services.

(2) The members serve at the pleasure of the Governor.

(3) Staff members from the Offices of the Governor and Lieutenant Governor, the Governor’s Office of Crime Control and Prevention, and the Maryland Department of Health will also be regular participants.

(4) The Chair may also invite other units of State or U.S. government, including law enforcement agencies, to designate representatives for participation.

C. Duties. The Commission shall:

(1) Advise and assist the Governor in improving access to a continuum of mental-health services across the State;

(2) Consider the findings of the Maryland Behavioral Health Advisory Council 2017 Strategic Plan: 24/7 Crisis Walk-in and Mobile Crisis Team Services;

(3) Conduct regional summits in various parts of the State to study how mental illness may impact parts of the State differently;

(4) Submit an interim report no later than six months from the date of this Executive Order on its findings relating to access to mental-health treatment services in the State; and

(5) Submit an annual report to the Governor on or before December 31, that includes, but is not limited to, recommendations for policy, regulations, or legislation to address the following:

(a) Improving the statewide, comprehensive crisis response system; and

(b) Ensuring parity of resources to meet mental-health needs.

D. Procedures.

(1) The Lieutenant Governor shall be Chair of the Commission. The Chair shall:

(a) Oversee the implementation of this Executive Order and the work of the Commission;

(b) Determine the Commission’s agenda; and

(2) The Commission shall convene within 90 days of this Executive Order and meet as frequently as necessary to satisfy the deadlines established herein.

(3) A majority of the Commission shall constitute a quorum for the transaction of any business.

(4) The Commission may adopt other procedures as necessary to ensure the orderly transaction of business.

Administrative History

Effective date: May 28, 2019

COMAR 01.01.2019.01 Maryland Opportunity Zone Leadership Task Force

A. There is a Maryland Opportunity Zone Leadership Task Force (the “Task Force”).

B. Membership.

The Task Force shall consist of the following voting members:

a) The Lieutenant Governor;

b) The Secretary of the Department of Housing and Community Development, or the Secretary’s designee;

c) The Secretary of the Department of Commerce, or the Secretary’s designee;

d) The Secretary of the Department of Labor, Licensing, and Regulation, or the Secretary’s designee;

e) The Secretary of the Department of Planning, or the Secretary’s designee;

f) The Secretary of the Maryland Department of Transportation, or the Secretary’s designee; and

g) The Secretary of the Maryland Department of Human Resources, or the Secretary’s designee.

The following shall be invited to be, and shall be upon acceptance, voting members of the Task Force:

a) The Superintendent of the Maryland State Department of Education, or the Superintendent’s designee;

b) The Secretary of the Maryland Higher Education Commission, or the Secretary’s designee;

c) The Executive Director of the Maryland Stadium Authority, or the Executive Director’s designee;

d) The Chancellor of the University System of Maryland, or the Chancellor’s designee;

e) An appointee of the Maryland Association of Counties;

f) An appointee of the Maryland Municipal League;

g) An appointee of the Maryland Economic Development Corporation;

h) An appointee of the Maryland Technology Development Corporation; and

i) An appointee of the Maryland Association of Community Colleges.

The Governor shall designate the Chair from among the members.
Members of the Task Force serve at the pleasure of the Governor.
A vacancy shall be filled in the same manner that the initial appointments are made.

C. Procedures.

The majority of voting members of the Task Force shall constitute a quorum for the transaction of any business.
The Task Force shall hold publicly announced meetings at such times and such places as it deems necessary. The meetings shall be accessible to the general public in accordance with the Maryland Open Meetings Act or other applicable law.
The Task Force may adopt such other procedures as may be necessary to ensure the orderly transaction of business, including the creation of committees.
The Chair may, with the consent of the Task Force, designate additional individuals, including interested citizens, elected officials, educators, or specialists with relevant expertise, to serve on any committee.
The Task Force may consult with the principal departments of the Executive Branch of the State government to obtain such technical assistance and advice as it deems necessary to complete its duties.

D. Duties. The Task Force shall:

Advise the Governor on all matters assigned to the Task Force and be responsible for carrying out the Governor’s policies on those matters;
Conduct regional summits in various parts of the State, including the Eastern Shore, Southern Maryland, Western Maryland, and Central Maryland, to enable citizens to share information, market prospectuses, and solicit and offer opportunities and possibilities for Opportunity Zone investment;
Provide an electronic portal for citizens to submit their comments to the Task Force;
Develop a clearinghouse for local government, developers, and other interested parties to learn of and access Opportunity Zone resources;
Develop a community marketing strategy and an economic-development policy brief for Opportunity Zones;
Develop an “Opportunity Plan” that sets broad goals for Opportunity Zones aligned with State economies, priorities, and culture;
Outline development of Opportunity Zones with a multi-year timeline that is subject to measurement and assessment on an annual basis;
Provide recommendations for legislation to enhance Opportunity Zone incentives;
Devise innovative methods for incorporating Opportunity Zones into existing State programs, including, but not limited to, More Jobs for Marylanders and EARN Maryland; and
Coordinate participation with local governments to best align local resources with Opportunity Zone investment.

E. Units of State and local government shall retain all budgeting and funding authority to undertake initiatives in Opportunity Zones.

F. Reports and Recommendations.

The Task Force shall summarize its progress in fulfilling its duties in a report submitted to the Governor, the President of the Maryland Senate, and the Speaker of the Maryland House of Delegates, no later than October 1, 2019.
The Task Force may issue additional reports as directed by the Governor.

Administrative History

Effective date: January 3, 2019

01.01.2018 Executive Orders 2018

COMAR 01.01.2018.26 Governor's Commission on Suicide Prevention

A. The Governor's Commission on Suicide Prevention shall continue and be constituted as follows:

The Commission consists of the following Executive Branch members, with all designees approved by the Secretary of Health:

a. The Deputy Secretary for Behavioral Health or the Deputy Secretary’s designee;

b. The Deputy Secretary for Public Health Services or the Deputy Secretary’s designee;

c. The Secretary of the Department of Juvenile Services or the Secretary’s designee;

d. The Secretary of the Department of Public Safety and Correctional Services or the Secretary’s designee;

e. The Secretary of the Department of Aging or the Secretary’s designee;

f. The Secretary of the Department of Veterans Affairs or the Secretary’s designee;

g. The Executive Director of the Governor’s Office for Children or the Executive Director’s designee; and

h. The Secretary of the Department of Disabilities or the Secretary’s designee.

The State Superintendent of Schools shall be invited to be an ex officio member or submit a designee as an ex officio member.
The President of the Maryland Senate and Speaker of the Maryland House of Delegates shall each be invited to appoint a member of their respective chambers to serve as an ex officio member.
The following organizations shall also be invited to designate a representative as an ex officio member:

a. The Mental Health Association of Maryland;

b. The National Organization for People of Color Against Suicide; and

c. The Maryland Addictions Directors Council.

The Maryland Association of County Health Officials shall be invited to select a local health officer to serve as an ex officio member.
Governor’s Appointments.

a. The following members shall be appointed by the Governor for no more than two consecutive four-year terms:

i. One representative of the faith community;

ii. One representative of the academic community;

iii. One representative of a suicide-prevention group;

iv. One active or former member of the U.S. Armed Forces;

v. One member of either police, local corrections, or fire and rescue services;

vi. One member of the LGBTQ community;

vii. One young adult between the ages of 18 and 25;

viii. One representative of the substance-abuse recovery community;

ix. One survivor of a suicide attempt;

x. One family member of an individual who died by suicide;

xi. One representative of the American Indian community;

xii. One representative of the Asian Pacific American community; and

xiii. One representative of the Hispanic or Latino community.

b. High-School Member.

i. The Governor shall appoint a high-school student in his or her junior or senior year as a member.

ii. The High-School Member is appointed for a term of one academic year.

iii. The High-School Member may be reappointed, while he or she is still in high school, to a second term ending in the July following his or her graduation.

c. The Governor’s Appointments serve at the Governor’s pleasure.

d. In the event of a vacancy among the Governor’s Appointments, the Governor shall appoint a successor to fill the remainder of the term.

Chair and Vice-Chair.

a. The Governor shall designate a Chair from among the members.

b. The Chair serves in that position at the pleasure of the Governor.

c. The Commission may designate a Vice Chair from the remaining membership.

B. The Commission shall be staffed by the Maryland Department of Health as determined by the Secretary of Health.

C. The Commission shall:

Assess suicide’s economic and social costs, and impact on the health and wellbeing of Maryland citizens;
Establish a list of existing support systems for survivors, attempters, and their families;
Develop a comprehensive, coordinated, and strategic plan for suicide prevention, intervention, and post-suicide services across the State;
Identify the resources needed to adequately provide those services; and
Promote the delivery of those services by local and State agencies through collaborative efforts that ensure effective and efficient use of local and State resources.

D. State Plan.

The Commission shall prepare a two-year plan that establishes, for the organization, delivery, and funding of suicide prevention, intervention, and post-suicide services:

a. Emerging needs;

b. Priorities and strategies;

c. Promising practices and programs;

d. Recommendations for coordination and collaboration among State agencies; and

e. Training.

The plan shall be developed in consideration of the priorities and strategies in plans established by local jurisdictions.
The plan shall be submitted to the Governor by December 1, 2018, and biennially thereafter, with interim updates provided as deemed appropriate.

E. Meetings.

The Commission shall meet at least four times a year.
The Chair may schedule additional work sessions as necessary.
A majority of members of the Commission shall constitute a quorum for the transaction of any business.

F. The Commission may adopt such procedures as may be necessary to ensure the orderly transaction of business, including the creation of committees or task forces.

G. Members of the Commission may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations and as provided in the State budget.

H. The Chair may, with the consent of the Commission, designate additional individuals — including interested citizens, educators, or specialists with relevant expertise — to serve on any committee or task force.

I. The Commission may consult with State units to obtain technical assistance and advice as it deems necessary to fulfill its duties.

J. All Executive Branch units subject to the supervision and direction of the Governor shall cooperate with and assist the Commission in fulfilling its duties.

Administrative History

Effective date: October 11, 2018

COMAR 01.01.2018.19 Statewide Human Trafficking Response Director

A. Director.

There is a Statewide Human Trafficking Response Director (the “Director”) at the Governor’s Office of Crime Control and Prevention (the “Office”).
The Director shall:

a. Serve as the Governor’s coordinator for human trafficking issues and provide information and policy guidance to the Governor, the Governor’s Cabinet, and the executive director of the Office;

b. Collaborate with State units, local governments and departments of social services, child advocacy centers and other nonprofit entities, law enforcement agencies, and other appropriate parties identified by the Director to:

Promote statewide coordination of:

a) Supportive services and resources for victims of human trafficking;

b) Law enforcement responses to human trafficking;

Collect, maintain, and disseminate to stakeholders information about human trafficking and related supportive services in Maryland;
Map current local supportive services and resources that provide care to victims of human trafficking; and
Establish statewide best practices for serving victims of human trafficking;

c. Monitor and pursue, on behalf of the State, federal funding for efforts to combat human trafficking;

d. Serve as the Governor’s liaison to the Maryland Human Trafficking Task Force; and

e. Serve as the Governor’s liaison to the Crime Research and Innovation Center at the University of Maryland to assist its efforts to provide research to the State about human trafficking, including best practices in collecting data to identify victims of human trafficking.

B. By December 1 of each year, the Director shall provide to the Governor a report on the status of the Director’s work including:

Progress made in establishing statewide best practices for serving victims of human trafficking;
A summary of State and federal funding available to serve and support victims of human trafficking;
An update on the work of the Crime Research and Innovation Center at the University of Maryland related to human trafficking; and
Recommendations for administrative, regulatory, or statutory changes that would further the State’s efforts to address human trafficking.

C. The Office shall dedicate a portion of its funding to serve victims of human trafficking.

Administrative History

Effective date: August 9, 2018

COMAR 01.01.2018.17 Student Loan Repayment Benefits to Relieve State Workforce Shortages

A. Establishment.

There shall be State employee loan repayment benefits for eligible employees working in critical workforce shortage areas for units in the State Personnel Management System and the Transportation Services Human Resources System.

B. Eligibility.

Applicants for the benefits must:

i. work in a critical workforce shortage area, as designated by the Secretary; and

ii. have remained in the service of the employing unit for a duration established by the Secretary.

A participating employee whose employment is terminated is not eligible to receive further benefits.

C. Administration.

The Secretary of the Department of Budget and Management shall administer the benefits to enhance the recruitment and retention of employees in critical workforce shortage areas.
The benefits shall be administered centrally by the Department of Budget and Management’s Office of Personnel Services and Benefits.
The Secretary may delegate the administration of the benefits for the Transportation Services Human Resources System to the Secretary of the Department of Transportation or the Secretary’s designee.
By January 1, 2019, the Secretary shall establish guidelines for the administration of the benefits.

Administrative History

Effective date: June 16, 2018

COMAR 01.01.2018.08 Active-Assailant Incident Preparedness and Coordination

A. Executive Branch units subject to the supervision and direction of the Governor (“Executive agencies”), and persons who deal with or are under the jurisdiction of those units, shall systematically identify, assess, prepare for, prevent, protect from, respond to, recover from, and mitigate the risk and impacts of active-assailant incidents.

B. Each Executive agency shall participate in a coordinated active-assailant initiative and share threat information between and among all sectors.

C. Each Executive agency shall develop, review, or update internal plans, policies, and procedures related to active-assailant incidents.

D. Each Executive agency, and persons who deal with or are under the jurisdiction of each agency, shall develop, plan, and collaborate for active-assailant training relevant to each agency’s respective area of responsibility, involving public and nongovernmental participants when appropriate and feasible.

E. Using a “whole community” approach, Executive-agency public-safety officials shall conduct annual assessments to determine the need for mitigation, planning, and training appropriate for their agency’s jurisdiction.

F. Maryland’s public educational institutions shall be encouraged to share and coordinate their emergency plans with Executive-agency law enforcement, emergency management officials, and emergency responders.

G. Maryland’s private and nonpublic educational institutions shall be encouraged to share and coordinate their emergency plans with Executive-agency law enforcement, emergency management officials, and emergency responders.

H. The Maryland State Police shall seek to maintain its position as co-chair and member of the Maryland Active Assailant Interdisciplinary Work Group and use that role to promote the purposes and objectives of this Executive Order.

I. The following Executive agencies shall seek to obtain or maintain membership in the Maryland Active Assailant Interdisciplinary Work Group and use that role to promote the purposes and objectives of this Executive Order:

Governor’s Office of Homeland Security;
Maryland Department of Health;
Governor’s Office of Crime Control & Prevention of Maryland;
Maryland Fire-Rescue Education and Training Commission; and
Maryland Emergency Management Agency.

J. The Maryland Active Assailant Interdisciplinary Work Group shall be encouraged to:

Update the State’s existing “Guidance to First Responders for the Active Assailant Incident” (the “Active-Assailant Guidance”), issued October 2, 2014, to incorporate protocols for prevention, protection, information-sharing, community preparedness, outreach, and education;
Continue to monitor best practices and revise the Active-Assailant Guidance as needed to ensure Maryland remains prepared and resilient;
Include in its membership subject matter experts from State and federal departments and agencies including, but not limited to:

i. Maryland Center for School Safety;

ii. Maryland State Department of Education;

iii. Maryland Higher Education Commission;

iv. U.S. Department of Homeland Security;

v. U.S. Secret Service; and

vi. U.S. Department of Defense; and

Meet at least quarterly to identify, update, and share best practices and current activities, and maintain the Active-Assailant Guidance.

K. The Maryland Emergency Management Agency shall provide leadership, policy oversight, support, and assistance to Executive agencies and other applicable persons in their efforts to comply with this Executive Order.

Administrative History

Effective date: February 28, 2018

Cross References

01.01.2023.07

01.01.2023.06

01.01.2023.06(L)

COMAR 01.01.2018.06 Gubernatorial Considerations in Parole of Inmates Serving Terms of Life Imprisonment

A. In deciding whether to approve or disapprove a decision of the Maryland Parole Commission to grant parole to an inmate serving a term of life imprisonment, the Governor shall assess and consider, among other lawful factors deemed relevant by the Governor, the same factors and information assessed by the Maryland Parole Commission as provided by the Maryland Parole Commission’s governing statutes and regulations.

B. If the Governor disapproves parole for an inmate serving a term of life imprisonment, the Governor shall issue a written decision delivered to the Maryland Parole Commission confirming that the Governor has considered, among other relevant and lawful factors and information, the same factors and information assessed by the Maryland Parole Commission as provided by its governing statutes and regulations.

C. Additional factors and information for juvenile offenders. In deciding whether to approve or disapprove a decision of the Maryland Parole Commission to grant parole to an inmate serving a term of life imprisonment with the possibility of parole for a crime committed before he or she reached 18 years of age (a “juvenile offender”), the Governor shall consider, in addition to other lawful factors deemed relevant by the Governor and the factors and information assessed by the Maryland Parole Commission as provided by the Maryland Parole Commission’s governing statutes and regulations:

(1)i. The juvenile offender’s age at the time the crime was committed and the lesser culpability of juvenile offenders as compared to adult offenders;

i. The juvenile offender’s age at the time the crime was committed and the lesser culpability of juvenile offenders as compared to adult offenders;

ii. The degree to which the juvenile offender has demonstrated maturity since the commission of the crime; and

iii. The degree to which the juvenile offender has demonstrated rehabilitation since the commission of the crime.

(2) If the Governor disapproves parole for a juvenile offender, the Governor shall issue a written decision delivered to the Maryland Parole Commission that:

i. confirms that the Governor has considered the applicable statutory and regulatory factors and information and the factors and information set forth in this executive order; and

ii. states reasons supporting the decision to disapprove parole.

D. This executive order may not be construed to have any retroactive effect on any decision or recommendation of the Maryland Parole Commission or any decision of the Governor, made prior to the effective date of this order, to approve, disapprove, grant, deny, or modify the conditions of a parole.

Administrative History

Effective date: February 9, 2018

COMAR 01.01.2018.04 Reorganization of State Government — Office of Small Business Regulatory Assistance

SECTION 1. Be it ordered by the Governor of Maryland, pursuant to Article II, Section 24, of the Constitution of Maryland, that Sections 14-201 through 14-205 of the Economic Development Article and the Subtitle “Office of the Business Ombudsman” be repealed.

SECTION 2. And be it further ordered, that:

COMAR 01.01.2018 2-103.1

(A)(1) In this subtitle the following words have the meanings indicated.

(1) In this subtitle the following words have the meanings indicated.

(2) “Office” means the Office of Small Business Regulatory Assistance.

(3) “Executive Director” means an individual appointed by the Governor who directs the activities of the Office of Small Business Regulatory Assistance and serves as a liaison between businesses, economic development organizations, communities, and federal, State, and local units and agencies.

(B)(1) There is an Office of Small Business Regulatory Assistance in the Department.

(1) There is an Office of Small Business Regulatory Assistance in the Department.

(2) The purpose of the Office is to:

(I) Assist businesses with the implementation of the Maryland Healthy Working Families Act and other labor and licensing laws and regulations;

(II) Resolve problems encountered by businesses interacting with State agencies;

(III) Facilitate responsiveness of State government to business needs;

(IV) Serve as a central clearinghouse of information for business assistance programs and services available in the State;

(V) Assist businesses by referring businesses and individuals to resources that provide the business services or assistance requested;

(VI) Provide comprehensive permit information and assistance;

(VII) Establish and maintain metrics in order to monitor the progress of the Office and report the data to the Governor and the General Assembly; and

(VIII) Report and make recommendations to the Governor and the General Assembly regarding breakdowns in the delivery of economic development resources and programs, including problems encountered by businesses interacting with State agencies.

(1) Assist in the adoption of regulations necessary for the implementation of the Maryland Healthy Working Families Act;

(2) Establish, maintain, and update each year a list of the business assistance programs and services in the State, including the names, locations, web site addresses, and telephone numbers of the entities providing the programs and services;

(3) Implement a business fairness and responsiveness service that:

(I) Resolves problems encountered by businesses with other State agencies and regional and local economic development organizations;

(II) Coordinates programs and services implemented by federal, State, and local agencies;

(III) Facilitates responsiveness of State government to business needs; and

(IV) Reports to the Governor and the General Assembly regarding any breakdowns in the delivery of economic development resources and programs;

(4) Develop and maintain a program to provide comprehensive information to the public regarding permits required for business initiatives, projects, and activities;

(5) Establish and implement procedures to assist permit applicants who have encountered difficulties in obtaining timely and efficient permit review; and

(6) Administer and oversee the State customer service and business development efforts training program under subsection (D) of this section.

(D)(1) There is a State Customer Service and Business Development Efforts Training Program.

(1) There is a State Customer Service and Business Development Efforts Training Program.

(2) The purpose of the Program is to increase the responsiveness of and improve customer service provided by State agencies to businesses and customers in the State.

(3) The Office shall develop State customer service standards that incorporate best practices for providing excellent customer service.

(4) Each agency shall:

(I) Create a customer service improvement plan;

(II) Review and incorporate the Office’s State customer service standards in the agency’s customer service improvement plan;

(III) Develop and conduct customer service training for each employee who interacts with businesses and members of the public on a regular basis;

(IV) Adopt and distribute a standard customer service satisfaction survey for each person the agency serves;

(V) Establish an incentive or recognition program for employees who provide excellent customer service; and

(VI) Report each year on:

The training provided to employees, including:

A. The number of trainings;

B. The frequency of trainings; and

C. The specific subject of each training;

The responses received from customer service satisfaction surveys distributed under Paragraph (IV) of this subsection;
The progress of the agency’s customer service, including the metrics the agency uses to assess the customer service of the agency; and
The agency’s measurable goals for continuing to improve customer service for the upcoming year.

(5) Each year the Office shall evaluate the State Customer Service and Business Development Efforts Training Program and make recommendations regarding the Program.

(E)(1) Each year, the Office shall submit a report to the Governor and, in accordance with §2–1246 of the State Government Article, the standing committees of the General Assembly having jurisdiction over economic development matters.

(1) Each year, the Office shall submit a report to the Governor and, in accordance with §2–1246 of the State Government Article, the standing committees of the General Assembly having jurisdiction over economic development matters.

(2) The report shall contain:

(I) Information regarding the performance of the Office, including data indicating the effectiveness of programs and procedures regarding permitting;

(II) Data specifying the number of businesses and individuals that have contacted the Office or used the services of the Office; and

(III) Recommendations regarding improvements to existing laws relating to economic development.

(3) The report shall include information and recommendations developed for the State Customer Service and Business Development Efforts Training Program under Subsection (D) of this section.

(F) The Governor shall include funds in the State budget to implement this subtitle, including funds to:

(1) Employ a full–time Executive Director; and

(2) Operate and maintain an office.

SECTION 3. And be it further ordered, that all persons who, as of the effective date of this Order, are employed in the Office of Business Ombudsman in the Office of the Governor are hereby transferred to the Office of Small Business Regulatory Assistance in the Department of Labor, Licensing, and Regulation without any change or loss of rights or status, and shall retain their merit system and retirement system status.

SECTION 4. And be it further ordered, that any transaction affected by or arising from any statute here amended, repealed, or transferred, and validly entered into before the effective date of this Order and every right, duty, or interest flowing from it remains valid after the effective date and may be terminated, completed, consummated, or enforced pursuant to law.

SECTION 5. And be it further ordered, that all rules and regulations, proposed rules and regulations, standards and guidelines, proposed standards and guidelines, orders and other directives, forms, plans, memberships, special funds, appropriations, grants, applications for grants, contracts, property, investigations, administrative and judicial proceedings, rights to sue and be sued, and all other duties and responsibilities associated with those functions transferred by this Order shall continue in effect under the Office of Small Business Regulatory Assistance upon transfer to the Department of Labor, Licensing, and Regulation.

SECTION 6. And be it further ordered, that any unexpended appropriation for the purpose of financing the Office of the Business Ombudsman shall be transferred by approved budget amendment to the Department of Labor, Licensing, and Regulation.

SECTION 7. And be it further ordered, that this Executive Order shall become effective and have the force of law on this 15th day of January, 2018, unless specifically disapproved within 50 days after submission, by a Resolution of Disapproval concurred in by a majority vote of all members of either House of the General Assembly.

Administrative History

Effective date: January 15, 2018

COMAR 01.01.2018.02 Access to Services for Human Trafficking Victims and Survivors

A. Each State Government unit and agency shall prominently display information on the homepage of their web sites regarding the National Human Trafficking Hotline and the BeFree Textline.

B. The Maryland Department of Information Technology (DoIT) shall assist State Government units and agencies in this endeavor.

C. Each State Government unit and agency shall complete this task by April 1, 2018.

Administrative History

Effective date: January 5, 2018

01.01.2017 Executive Orders 2017

COMAR 01.01.2017.30 Governor's Council on Gangs and Violent Criminal Networks

A. Governor’s Council on Gangs and Violent Criminal Networks.

(1) There is a Governor’s Council on Gangs and Violent Criminal Networks.

(2) The Council consists of the following members:

(a) six State’s Attorneys, appointed by the Governor;

(b) the Governor or the Governor’s designee;

(d) the Secretary of the Department of Public Safety & Correctional Services;

(e) two police chiefs of a county or Baltimore City, appointed by the Governor;

(f) the police chief of a municipal police department, appointed by the Governor;

(g) two sheriffs, appointed by the Governor; and

(h) the U.S. Attorney for the District of Maryland.

(3) To the extent practicable, in making appointments the Governor shall ensure geographic diversity among the membership of the Council.

(4)(a) The appointed members shall serve terms of two years.

(a) The appointed members shall serve terms of two years.

(b) The terms of the initial appointed members shall expire as follows:

(i) five members on December 31, 2018; and

(ii) six members on December 31, 2019.

(d) At the end of a term, an appointed member continues to serve until the member is reappointed or a successor is appointed.

(e) A member who is appointed or reappointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.

(f) Any member appointed to the Council by the Governor shall serve on the Council at the Governor’s pleasure.

(5) The Governor shall appoint a Chair, who shall serve for one year, or until the Governor appoints a successor, whichever is later.

(6)(a) A quorum of the Council consists of five members.

(a) A quorum of the Council consists of five members.

(b) The Council shall meet at least four times a year.

(i) may not receive compensation for service on the Council; but

(ii) is entitled to reimbursement for expenses under the standard State travel regulations, as provided in the State budget.

(7) The Council shall:

(a) provide leadership, policy oversight and the coordination of operational strategies to collect and share relevant data related to violent crime and victimization; and

(b) provide support and assistance to programs and entities focused on identifying, disrupting and dismantling gangs and violent criminal networks through collaboration and comprehensive data sharing, both locally and statewide, with the ultimate goal of providing the information necessary to prosecutors for the development of gang-related and racketeer influenced and corrupt organizations charges;

(8) On or before November 1, 2018, and annually thereafter, the Council shall report to the Governor.

(9) The Governor’s Office of Crime Control and Prevention shall provide staff for the Council.

B. Data — Investigations and Public Safety.

(1) The investigative components of the Departments of Public Safety and Correctional Services, State Police, Juvenile Services, Transportation, Natural Resources, General Services, Labor, Licensing, and Regulation, and Health shall adopt a data system that will alert agencies of common targets and common investigation locations.

(2) The Governor’s Office of Crime Control and Prevention shall coordinate efforts to establish and make operational the data system described in paragraph(1) of this subsection.

(3) The Maryland State Police or an entity designated by the Maryland State Police shall be responsible for maintaining and operating the data system described in paragraph(1) of this subsection.

(4) The data system shall be available to the units of State government specified in paragraph(1) of this subsection and other such units as approved by the data owning unit(s) of State government.

(5) The centralized data system shall be fully operational within 12 months following the date of this Executive Order.

C. Data — Reports and Studies.

The Governor’s Office of Crime Control and Prevention is authorized to make requests to the Departments of Public Safety and Correctional Services, State Police, Juvenile Services, Transportation, Natural Resources, General Services, and Health for individual record level data and aggregate data, both without personally identifiable information, in order to develop data driven policy recommendations and prepare reports and respond to requests by the Governor and other units of State government. The requested data may include information related to crime and crime reporting, traffic stops, deaths related to law enforcement and public safety activities, adult and juvenile arrests and prosecutions, use of criminal citations, diversion programs, domestic violence, victims, gangs and criminal networks, terrorist groups, interrogation rooms, DNA and other scientific evidence, seizures and forfeitures, warrant intercepts, sentencing, prison population, prison demographics, recidivism, community supervision, programs for inmates and former inmates on community supervision, parole and release information, alternatives to incarceration, substance use disorder and mental health programs related to criminal proceedings, overdose information, and decedent data. All units of State government that receive such requests shall fully cooperate so that data is provided in a timely and efficient manner. Data collected pursuant to this Paragraph shall be kept available for the centralized data system and shall be updated at least quarterly without request.

D. Limitations to Data.

(1) This Executive Order shall only apply to any data that:

(a) pertains to crime, criminal offenders, or criminal activity;

(b) pertains to law enforcement activity related to crime, criminal offenders, or criminal activity;

(d) is used for the case management of criminal offenders.

(2) All data sharing under this Executive Order shall comply with all legal restrictions regarding such sharing.

Administrative History

Effective date: December 5, 2017

COMAR 01.01.2017.25 Prohibiting Discriminatory Boycotts of Israel in State Procurement

A. The following words have the meanings indicated:

“Boycott of Israel” means the termination of or refusal to transact business activities, or other actions intended to limit commercial relations, with a person or entity because of its Israeli national origin, or residence or incorporation in Israel and its territories. “Boycott of Israel” does not include actions taken:

i. that are not commercial in nature;

ii. for business or economic reasons;

iii. because of the specific conduct of the person or entity;

iv. against a public or governmental entity; or

v. that are forbidden by the United States pursuant to 50 U.S.C. § 4607.

“Business entity” means any receiver, trustee, guardian, representative, fiduciary, partnership, firm, association, corporation, sole proprietorship, or company, including any bank, credit union, broker, developer, consultant, contractor, supplier, or vendor, individually or in any combination, that has submitted a bid or proposal for, has been selected to engage in, or is engaged in providing goods or services to the State.
“Commercial relations” means a business entity’s conduct of business, and the terms and conditions by which business is transacted, with a vendor, supplier, subcontractor, or other business entity.
“Contract” means an agreement by or on behalf of the State for a business entity to sell or lease supplies or goods, or to provide services, to the State in return for a fee, or any other form of compensation to be paid or provided by the State.
“Executive agency” means a State department, agency, authority, board, or instrumentality that is controlled by the Governor.
“Services” includes construction, real-estate development, financial management, insurance, and professional support.

B. Executive agencies may not execute a procurement contract with a business entity unless it certifies, in writing when the bid is submitted or the contract is renewed, that:

It is not engaging in a boycott of Israel; and
It will, for the duration of its contractual obligations, refrain from a boycott of Israel.

C. All requests for bids or proposals issued for contracts with Executive agencies shall include the text of the following certification to be completed by the bidder: “The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor, vendor, or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel and its territories. The bidder also has not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. Without limiting any other provision of the solicitation for bids for this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid.”

D. All Executive agencies shall implement this Executive Order in a manner consistent with the important public policy favoring advancement of women- and minority-owned businesses as set forth in Title 14, Subtitle 3, of the State Finance & Procurement Article of the Code of Maryland and related regulations.

E. All Executive agencies shall implement this Executive Order in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding. F. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.

Administrative History

Effective date: October 23, 2017

COMAR 01.01.2017.23 Maryland Disability Employment Awareness Month

(Rescinds Executive Order 01.01.2009.10)

(1) Each State department, board, agency, authority, board, or instrumentality controlled by the Governor (an “Executive unit”) shall annually observe October as Disability Employment Awareness Month to celebrate the many and varied contributions of people with disabilities.

(2) The Department of Disabilities, throughout the year, but with special emphasis during Disability Employment Awareness Month, shall:

a. Reinforce the value and talents people with disabilities add to Maryland’s workplaces and communities;

b. Affirm Maryland’s commitment to an inclusive community;

and

c. Enhance Maryland’s stature as a national leader in disability employment policy and practice.

(3) The Department of Disabilities’ efforts shall include:

a. Increasing public awareness of:

How the many skills and talents of Marylanders with disabilities benefit Maryland businesses;
The barriers Marylanders with disabilities face in obtaining employment;
The untapped potential of job seekers with disabilities; and
The potential for those with disabilities to obtain economic independence by becoming self-employed and to contribute to the State’s economy as business owners and employers;

b. Research and development of best practices, and ongoing collaboration with other State units, to achieve inclusive, competitive, integrated employment for Marylanders with disabilities by connecting them with employers and expanding knowledge and opportunities for self-employment;

c. Coordinating the development and maintenance of a digital resource guide for State units and local jurisdictions that details best practices to increase employment, retention, self-employment, and business ownership of those with disabilities;

d. Support for events, including those sponsored by other State units, local governments, or private or nongovernmental organizations, that highlight how businesses benefit from the skills and talents of individuals with disabilities; and

e. Provision of related information and assistance to other Executive units, the Maryland State Department of Education, the University System of Maryland, Morgan State University, Saint Mary’s College of Maryland, public community colleges, and local governments.

(4) To promote individuals with disabilities’ access to technology, the Department of Disabilities shall:

a. Hold special events, including those advancing assistive technology that expands employment in community integrated settings; and

b. Recommend the designation of a State agency, entity, or staff person to:

Provide accessibility technical assistance during State procurement processes; and
Address any accessibility concerns of State employees.

(5) Executive units shall otherwise encourage the citizens they serve to, throughout the year, participate in and promote events celebrating the rights, skills, and talents of those with disabilities.

Administrative History

Effective date: October 10, 2017

COMAR 01.01.2017.17 Back River Midge Reduction

A. The Department of Agriculture (the “Department”), in consultation with the Department of Natural Resources, may use the services of a third-party vendor to disseminate, place, or spread Bti in areas of the Back River that have been identified as “hot spots” for midges.

B. In accordance with applicable budgetary and procurement laws, the Department may, to eradicate the infestation of midges on the Back River, expend general funds of the State, funds appropriated in the State budget, or funds otherwise available for use in controlling insects that are a menace to the welfare of the people of the State.

C. In accordance with applicable budgetary and procurement laws, the Department may operate, sell, buy, lease, exchange, rent, or repair any vehicle, vessel, boat, net, or other equipment necessary for the retardation, eradication, elimination, or destruction of the infestation of midges on the Back River.

D. Work to eradicate the infestation of midges on the Back River may be executed by the Department by contract or open account, as is deemed in the State’s best interest.

E. To eradicate the infestation of midges on the Back River, the Department may enter any public or private land or property, vehicle, vessel, or aircraft in the State.

F. The Department shall, in conjunction with the Department of Natural Resources, review the effectiveness of the efforts to eradicate the infestation of midges on the Back River.

G. The Department shall cooperate with agencies of the United States, other State agencies, and other persons in carrying out the eradication of the infestation of midges on the Back River.

H. The Department may, in conjunction with the Department of Natural Resources, adopt any regulations desirable to carry out the eradication of the infestation of midges on the Back River.

Administrative History

Effective date: August 10, 2017

COMAR 01.01.2017.14 Office of Rural Broadband

I. Establishment.

A. There is an Office of Rural Broadband (the “Office”) in the Department of Information Technology.

B. The administrator of the Office shall be a Rural Broadband Director (“Director”) designated by the Governor and who shall serve at the pleasure of the Governor.

II. Duties.

A. The Office shall:

Assist and support local Maryland jurisdictions in their improvement of access to high speed internet;
Identify and coordinate the delivery of resources to local Maryland jurisdictions for the improvement of access to high speed internet, including identification of sources of funds, such as federal funding, that can be used to expand access to high speed internet, and assist those jurisdictions in applying to receive those funds;
Work with local jurisdictions and economic-development organizations to identify areas with a demand for better internet service;
Identify opportunities for productive partnerships, including public-private partnerships, that enable sharing of resources and further the goal of expanding access to high speed internet;
Oversee projects that increase the availability of high speed internet service, including a demonstration project in Western Maryland and a demonstration project on the Eastern Shore, both of which will be completed by April 2018;
Investigate and identify new technologies that would increase the availability of high speed internet service in Maryland;
Collect, analyze, and share data relevant to increasing the availability of high speed internet service in Maryland;
Develop recommendations for policy, regulations, or legislation to facilitate increased availability of high speed internet access in Maryland, as well as strategies for implementing those recommendations;
Support and complement the assessments, evaluations, studies, and other work of the Task Force on Rural Internet, Broadband, Wireless, and Cellular Service and act consistently with the goals and purposes of the Connecting Rural Maryland Act of 2017;
In the performance of these duties, coordinate with:

(a) the following executive departments (the “Lead Agencies”):

The Department of Information Technology;
The Maryland Department of Housing and Community Development;
The Maryland Department of Commerce;
The Maryland Department of Transportation; and
The Maryland Department of Planning; and

(b) the following stakeholders:

County and municipal information technology officials;
The Maryland Broadband Cooperative;
The Rural Maryland Council;
Mid-Shore Regional Council;
Tri-County Council for the Lower Eastern Shore of Maryland;
Upper Shore Regional Council;
Tri-County Council for Southern Maryland;
Tri-County Council for Western Maryland;
Appalachian Regional Commission; and
Any other such stakeholders that the Director deems appropriate and invites to participate; and

Submit an annual report to the Governor on the progress of the State’s efforts to increase access to high speed internet and containing any relevant recommendations.

B. Each Lead Agency shall:

Identify and coordinate resources and technology that can be used by local jurisdictions to increase the availability of high speed internet for their residents;
To the maximum extent permitted by law, share with one another, the Office, and local jurisdictions data relevant to increasing the availability of high speed internet for Maryland citizens; and
Update the Director within 45 days of the date of this Executive Order, and biannually thereafter, on its efforts to identify and coordinate resources and technology, and share data.

C. Designated agency liaisons. Each of the Lead Agencies shall designate an official liaison to assist and collaborate with the Director and Office in the fulfillment of the goals of this Executive Order.

Administrative History

Effective date: June 27, 2017

COMAR 01.01.2017.13 Waste Reduction and Resource Recovery Plan for Maryland

(Rescinds Executive Order 01.01.2015.01)

A. Definitions.

(1) “Department” means the Maryland Department of the Environment.

(2) “Source reduction” means the prevention of waste through changes in the way products are designed, manufactured, packaged, purchased, and used.

B. Sustainable Materials Management Policy. It is the policy of the State that solid waste and recycling planning should, to the extent practicable, seek to:

(1) Minimize the environmental impacts of materials management over their entire life cycles, including from product design to production, consumption, and end-of-life management;

(2) Conserve and extend existing in-State disposal capacity through source reduction, reuse, and recycling;

(3) Capture and make optimal use of recovered resources, including raw materials, water, energy, and nutrients; and

(4) Work toward a system of materials management that is both environmentally and economically sustainable in the long term.

C. Goals and Measurement.

(1) Stakeholder Consultation. The Department shall consult with relevant stakeholders to assess and improve the State’s methodology for tracking waste generation, recycling, and source reduction in Maryland.

(2) Following stakeholder consultation, the Department shall:

(a) Recommend to the Governor a method of obtaining business source reduction and recycling data;

(b) Establish an improved method of quantifying and tracking the statewide recycling and source reduction rates; and

D. Building Partnerships for Sustainable Materials Management. In order to work toward the recycling and source reduction goals established herein, the Department shall pursue the following partnerships.

(1) The Department and the Maryland Department of Commerce shall work in cooperation with local economic development agencies to identify local markets for recycled materials and provide siting, permitting, and technical assistance for innovative recycling and resource recovery businesses.

(2) The Department shall work with the Maryland Department of Agriculture to support research and demonstration of innovative technologies for recovering nutrient resources in a manner protective of water quality.

(3) The Department shall work with the Maryland Energy Administration to research and promote methods of recovering energy from waste, including anaerobic digestion.

(4) The Department shall work with the Maryland Department of Transportation Port Administration to develop technical screening criteria and guidance to support innovative reuse and beneficial uses of dredged material removed from the Port of Baltimore’s shipping channels. State agencies shall consider innovative reuse and beneficial uses of dredged material when economically feasible and in conformance with all appropriate environmental standards.

(5) Targeted Outreach Partnerships.

(a) Based on the results of the statewide waste sort study, the Department shall identify key recyclable materials that continue to be disposed in significant quantities in Maryland.

(b) The Department shall seek opportunities to pool resources among producers of products, State and local government agencies, and environmental education organizations to conduct targeted outreach campaigns to reduce disposal for each of the key materials identified.

E. This Executive Order rescinds Executive Order 01.01.2015.01.

Administrative History

Effective date: June 27, 2017

COMAR 01.01.2017.11 Renewal of Executive Order 01.01.2017.02 Regarding the Heroin, Opioid, and Fentanyl Overdose Crisis Declaration of Emergency

In response to this public health emergency, the following measures are enacted:

A. The Governor will assign an individual in the Executive Branch to the Maryland Emergency Management Agency who will be designated to administer the Governor’s authority under the Maryland Emergency Management Agency Act and operationally address the heroin, opioid, and fentanyl overdose crisis (the “Crisis”), including:

(1) Directing the Maryland Emergency Management Agency, the Maryland State Police, the Maryland Department of Health and Mental Hygiene, the Governor’s Office of Crime Control and Prevention, and/or any other appropriate State agency or unit, including the Heroin and Opioid Emergency Task Force, the Interagency Heroin and Opioid Coordination Council, and the Opioid Operational Command Center, to assist, engage, deploy, and coordinate available resources to address the Crisis;

(2) Coordinating the preparation of plans, programs, and infrastructure for emergency management operations of the local political subdivisions of the State, employing their social service, law enforcement, and public health functions;

(3) Instituting public information and awareness programs;

(4) Authorizing the procurement of supplies and equipment necessary to control and eliminate the Crisis; and

(5) Taking other necessary steps to address this emergency.

B. This declaration shall be effective immediately, shall continue for thirty (30) days, and shall expire on March 31, 2017, unless sooner terminated or extended in writing by me.

Administrative History

Effective date: May 30, 2017

COMAR 01.01.2017.09 Sensible Paid Leave in the Executive Branch of State Government

A. The following terms shall have the meanings indicated:

a. “Paid leave” means:

i. personal leave with pay that may be used for any purpose; and

ii. is provided pursuant to this Order.

b. “Temporary employee”:

i. Except for employees of the Maryland Department of Transportation, includes a temporary employee as designated by Section 1-101 of the State Personnel and Pensions Article of the Code of Maryland.

ii. For employees of the Maryland Department of Transportation, includes both:

employees hired for a specific period not to exceed 12 months or the limits established by a special employment program; and
employees whose conditions of employment and compensation are specified in personal services contracts.

B. This Order applies to all temporary employees of the Executive Branch’s principal departments, except those who:

a. Regularly work less than 30 hours a week;

b. Are employed for less than 120 days during a 12-month period; or

c. Are covered by a bona fide collective bargaining agreement.

C. This Order may not be construed to:

a. Require a temporary employee to be compensated for unused paid leave upon or after completing his or her employment;

b. Preempt, limit, or otherwise affect any workers’ compensations benefits that may be available to the temporary employee;

c. Affect the paid leave or benefits provided to State employees, other than temporary employees, pursuant to Title 9 of the State Personnel and Pensions Article of the Code of Maryland, Section 2-103.4 of the Transportation Article of the Maryland Code, or any regulations authorized by those statutes; or

d. Otherwise diminish or infringe upon any rights, responsibilities, powers, or duties conferred by the Constitution of the State of Maryland or the Laws of Maryland.

D. Provision of Paid Leave.

a. Temporary employees shall receive paid leave at the same wage rate as the temporary employee normally earns.

b. After a temporary employee has worked 120 days in a 12 month period, paid leave shall accrue at a rate of one hour for every 30 hours worked, not to exceed 40 hours of paid leave per calendar year.

c. Paid leave shall begin to accrue on and after July 1, 2017, for all temporary employees otherwise qualified to receive it.

d. Formal approval shall not be required before a temporary employee’s use of paid leave.

e. A temporary employee may use only paid leave that has been accrued.

f. If a temporary employee has unused paid leave at the end of a calendar year, the temporary employee may carry, up to a total of 40 hours, the balance of the paid leave into the following year.

E. The Department of Budget and Management and Maryland Department of Transportation shall, for the temporary employees within their respective authorities and management systems, administer this Order, and shall have the power, to the fullest extent permitted by law, to:

a. Make determinations regarding the receipt and use of paid leave;

b. Resolve other issues that may arise pursuant to this Order; and

c. Promulgate such guidelines and establish such procedures as may be necessary for the proper implementation of this Order.

F. Grievance Procedures. The Secretary of Budget and Management and Secretary of Transportation shall, for the temporary employees within their respective authorities and management systems, provide grievance procedures for temporary employees who dispute their receipt or use of paid leave pursuant to this Order.

G. This Order may be revoked or amended by the Governor at any time.

H. In the event that a challenge to any provision of this Order results in a judicial determination that such provision is contrary to law, such provision shall be deemed separable from all other provisions of this Order.

Administrative History

Effective date: May 25, 2017

01.01.2016 Executive Orders 2016

COMAR 01.01.2016.13 Starting the Public School Year after Labor Day

(Amends Executive Order 01.01.2016.09)

A. That all Kindergarten through 12th grade public schools in the State of Maryland (Public Schools), through the local boards of education, shall open for pupil attendance no earlier than the Tuesday immediately following the nationally-observed Labor Day holiday.

B. That classes shall conclude and the school year for every public school in Maryland shall adjourn no later than June 15, with the exception being summer school classes offered by school districts throughout the State.

C. That each local board of education shall retain full responsibility for establishing its annual academic calendar and, therefore, shall have the necessary latitude to determine how best to comply with the provisions of this Executive Order along with State and local laws.

D. That the requirements of this Executive Order do not apply to the operation of year-round schools as allowed under §7-103(e) of the Education Article of the Maryland Code.

E. That the requirements of this Executive Order do not apply to the timing of sports seasons as set forth in COMAR 13A.06.03.03.

F. Students with disabilities, subject to an existing individualized education program that has identified the student's final year of school as the 2017-2018 school year, shall remain eligible for the 2017-2018 school year if their 20th birthday occurred on or after the first day of the academic calendar in their jurisdiction for the 2016-2017 school year.

G. That a local board of education may apply to the State Board of Education annually for a waiver of the requirements of this Executive Order. A waiver shall only be granted after the local board of education satisfies the procedural requirements set forth in Section(1)(b) below and clearly establishes all of the elements of one of the compelling justifications set forth in Section (2) below.

(1) Application for Waiver.

(a) A local board of education may submit a written application for a waiver from the requirement to begin classes no sooner than the Tuesday following the nationally-observed Labor Day holiday or ending classes no later than June 15th based upon a compelling justification as defined herein.

(b) A waiver application shall include:

(i) A detailed petition and supporting documentation clearly establishing that all of the elements of one of the below compelling justifications for starting the school year prior to Labor Day or ending classes after June 15th have been met;

(ii) A certification that the local school board has conducted at least one public meeting at which the waiver application was considered and approved, together with minutes of all such meetings; and

(iii) Any additional information that the State Board of Education requests in order to comply with the requirements of this Executive Order.

(2) For the purpose of this Executive Order, “Compelling Justification” means only:

(a) Adoption of Innovative Schedule. A local board of education proposes an innovative school schedule for certain low-performing or at risk public schools, as encouraged in §7-103.1 of the Education Article of the Maryland Code, which requires an opening date before Labor Day or ending classes after June 15th;

(b) Charter Schools. A local board of education proposes an innovative school schedule for a charter school that requires an opening date before Labor Day or ending classes after June 15th; or

(c) Emergency School Closings. Local school districts have closed 10 days per year during any 2 of the last 5 years because of natural disasters, civil disasters, or severe weather conditions.

(3) Any waiver granted by the State Board of Education pursuant to Sections (2)(a) or (2)(b) shall only apply to those schools where such innovative school schedules are offered.

(4) Any waiver granted by the State Board of Education shall be for only one school year.

H. That this Executive Order applies to future school years, including and after 2017-2018.

Administrative History

Effective Date: October 11, 2016

COMAR 01.01.2016.12 Council on Cancer Control

A. The Council. There is a State Council on Cancer Control.

(1) The Council shall consist of up to 25 voting members including:

(a) Eight Representatives of State agencies and institutions who are:

(i) The Secretary of the Department of Health and Mental Hygiene, or a designee;

(ii) The Secretary of the Department of the Environment, or a designee;

(iii) The President of the University of Maryland, Baltimore, or a designee;

(iv) The Chief Executive Officer of Johns Hopkins Medicine, or a designee;

(v) The Director of the Marlene & Stewart Greenebaum Comprehensive Cancer Center, University of Maryland Medical System, or a designee;

(vi) The Director of the Sidney Kimmel Comprehensive Cancer Center of the Johns Hopkins Health System, or a designee;

(vii) A local health officer designated by the Secretary of the Department of Health and Mental Hygiene;

(viii) A representative of the Maryland Chapter of the American Cancer Society, designated by the Society; and

(b) Up to 15 members appointed by the Governor to represent the general public, the business community and health and scientific disciplines, cancer survivors and others concerned with cancer prevention and control. To the extent possible, members appointed from the general public should reflect the population and geographic diversity of the State.

(i) One member of the Senate of Maryland, appointed by the President of the Senate; and

(ii) One member of the House of Delegates, appointed by the Speaker of the House.

(2) The Council may invite experts to participate in its research and development activities, who shall be non-voting members of the Council.

(3) The Governor shall select the chairperson of the Council.

(4) The Governor may remove any member of the Council for failure to perform his or her duties.

(5) Members appointed by the Governor pursuant to §B)(1)(b) of this Executive Order may serve up to 2 consecutive 3-year terms. In case of a vacancy in a position appointed by the Governor, the Governor shall appoint a successor for the remainder of the unexpired term. All other members of the Council shall serve for so long as they hold the office, designation or appointment stipulated under the provisions of §(B)(1)(a) or §(B)(1)(c) of this Executive Order.

(6) A majority of the Council shall constitute a quorum for the transaction of any business. The Council may adopt any other procedures necessary to ensure the orderly transaction of business.

(7) The members of the Council may not receive any compensation for their services. The public members may be reimbursed for their reasonable expenses incurred in the performance of duties, in accordance with the standard travel regulations, and as provided in the State budget.

(8) The Department of Health and Mental Hygiene shall provide the Council with necessary staff and resources.

C. Scope of the Council.

(1) The Council may:

(a) Educate and advise government officials, public and private organizations and the general public on existing and possible policies, programs and innovations to reduce and control cancer incidence and mortality among Marylanders, as described in the Maryland Comprehensive Cancer Control Plan:

(b) In cooperation with Federal, State, and local governments, private organizations and academia, promote and coordinate unified programs that identify and address the cancer care needs of Marylanders, such as public and private partnerships, to improve access to prevention, screening and treatment services;

(c) Review existing and proposed cancer programs in the public and private sectors to assure proper allocation of State resources;

(d) Promote and offer guidance on the use of the Maryland Cancer Registry as a tool for research, planning, evaluation and targeting of cancer control programs;

(e) Further the development of the Maryland Cancer Registry through the Cancer Registry Advisory Committee; and

(f) Recommend to the Governor a Chairperson for the Cancer Registry Advisory Committee from the Council’s health and scientific discipline representatives.

(2) Reports. The Council shall submit an annual report of its activities to the Governor, which includes recommendations for future efforts based on the Council’s work. The Annual Report shall be submitted by January 31 of each year.

Administrative History

Effective Date: September 15, 2016

COMAR 01.01.2016.07 Governor’s Commission on Maryland Military Monuments

(Amends Executive Order 01.01.2011.06)

A. There is a Governor’s Commission on Maryland Military Monuments (The Commission).

B. Membership and Procedures.

(1) The Governor’s Commission consists of up to 17 members appointed by the Governor.

(2) To the extent practicable, membership shall represent the population and geographic diversity of the State.

(3) Two of the members shall be nominated by the Secretary of Planning, after consultation with the Director of the Maryland Historical Trust, and have knowledge in fields such as History, Conservation, Historic Preservation, or related disciplines.

(4) The term of a member is four years, and the Governor may reappoint a member for a second term at the end of the member's term; terms are to be staggered.

(5) The Chairperson shall be the Maryland Secretary of Planning, or the Secretary's designee.

(6) The Maryland Historical Trust shall staff and support the Commission.

(7) The Secretary of Planning may appoint subcommittees to carry out the work of the Commission.

(8) The Commission shall meet at least twice every calendar year.

(9) The Governor may remove any member of the Commission for any cause adversely affecting the member’s ability or willingness to perform his or her duties, including missing more than one of the Commission's annual meetings.

(10) The Secretary of Planning may remove any member of a subcommittee for any cause adversely affecting the member’s ability or willingness to perform his or her duties.

(11) In the event of a vacancy on the Commission, the Governor shall appoint a successor to fill the remainder of the term.

(12) In the event of a vacancy on a subcommittee, the Secretary of Planning may appoint a successor.

(13) A majority of the Commission shall constitute a quorum for the transaction of any Commission business. In any subcommittee, a majority shall constitute a quorum for the transaction of any subcommittee business. The Commission and the subcommittees may adopt such other procedures and bylaws necessary to ensure the orderly transaction of business.

(14) The members of the Commission and the subcommittees may not receive compensation for their services.

C. Scope.

(1) The Commission shall undertake an inventory of Maryland military monuments, which shall include the following information:

(a) Name, date of construction, location and means of access, and the original sponsorship of each monument;

(b) Current ownership of each monument and of monument land;

(c) Complete description of each monument including construction materials, condition, theme, and inscriptions, if any; and

(d) Responsibility for maintenance of the monuments.

(2) The Commission shall make a determination, based on historical significance, design, financial need, and physical condition, as to which monument shall receive assistance with the cost of restoration.

(3) The Commission shall procure sufficient funds for the restoration of the monuments, including contributions secured from grants and fundraising efforts.

(4) The Commission shall prepare education and tourism materials for public distribution.

D. Grants and Fundraising.

(1) Contributions received by the Commission shall be deposited accordingly:

(a) All future funds and contributions will be deposited with the Maryland Historical Trust to be held in a special fund account for the purpose of administering and paying the expenses of the Commission; and

(b) The Maryland Veterans Trust will transfer funds previously contributed to the Commission totaling $5,937.00 to the Department of Planning on behalf of the Maryland Historical Trust to be held in a special fund account and used for Commission purposes.

Administrative History

Effective Date: June 13, 2016

COMAR 01.01.2016.03 Maryland Early Graduation Scholarship Program

A. Establishment. There is a Maryland Early Graduation Scholarship Program (Program).

B. Administration. The Maryland Higher Education Commission (Commission) shall administer the Program and facilitate the disbursement of scholarship payments.

C. Amount and Purpose of Scholarship. The amount of the Maryland Early Graduation Scholarship is up to Six Thousand Dollars ($6,000.00) and shall be used for tuition, room and board, books, and other purposes, all as approved by the Commission.

D. Eligibility. Applicants for the Program must:

(1) Be a high school student enrolled in any of the twenty-four local public school systems in Maryland;

(2) Participate in the alternative program leading to the grant of a high school diploma by the end of the eleventh grade as established in COMAR 13A.03.02.11;

(3) Secure acceptance to an institution of postsecondary education as defined under Section 10-101(i) of the Education Article of the Annotated Code of Maryland within six months of receipt of the high school diploma; and

(4) Apply to the Program in the manner specified by the Commission.

Administrative History

Effective date: January 27, 2016

01.01.2015 Executive Orders 2015

COMAR 01.01.2015.22 The Department of Commerce

The Department of Business and Economic Development, which is scheduled to become known as the Department of Economic Competitiveness and Commerce effective October 1, 2015, will henceforth and for all time be known as and titled the Department of Commerce.

Administrative History

Effective date: October 1, 2015

COMAR 01.01.2015.02 State Fleet Goals for Zero-Emission Vehicles

A. State Leadership. The purpose of this Executive Order is to ensure that State agencies exercise leadership in the purchase and use of Zero-Emission Vehicles (ZEVs).

B. Zero-Emission Vehicles Defined. For the purpose of this Executive Order, ZEVs shall mean plug-in hybrid electric vehicles, plug-in battery electric vehicles, hydrogen fuel cell vehicles and other low- and zero-emitting vehicles that meet California’s low emissions standards, as may, from time to time, be amended and incorporated by reference into Maryland regulations.

C. Zero-Emission Vehicle State Fleet Goal.

(1) 2025 Goal. Consistent with operational requirements, and the provisions and requirements of this Executive Order, State agencies shall increase the number of ZEVs in their fleets through the normal course of fleet replacement so that at least 25 percent of annual fleet purchases of light duty vehicles will be ZEVs by 2025.

(2) Milestones. To the greatest extent practicable, and consistent with operational requirements and the provisions and requirements of this Executive Order, State agencies shall increase the percentage of ZEVs in their fleets through the normal course of fleet replacement by three percent each year from FY 2016 through FY 2020 so that at least 15 percent of annual fleet purchases of light duty vehicles will be ZEVs by FY 2020.

D. Approval of Vehicle Specifications. The Department of Budget and Management shall, in consultation with the Maryland Energy Administration, the Department of the Environment, and the Department of Transportation, approve and annually update for State agencies, vehicle specifications in order to provide reasonable and practical options for the purchase of ZEVs.

E. Vehicle Procurement and Fueling Infrastructure. The Department of General Services and the Department of Transportation shall procure approved ZEVs, electric vehicle charging equipment, and other necessary fueling infrastructure for ZEVs for State agency fleets.

F. Reporting. The Department of Budget and Management and Department of Transportation shall annually submit a report to the Governor, Maryland Energy Administration, and the Department of the Environment summarizing the number and types of ZEVs purchased in the reporting fiscal year, the total number of ZEVs in the State vehicle fleet, the agencies to which the ZEVs have been assigned and the progress toward achieving the milestones and goals set forth in this Executive Order.

G. Implementation of Executive Order. The Department of Budget and Management shall, in consultation with the Maryland Energy Administration, the Department of the Environment, the Department of Transportation, and the Department of General Services, be responsible for coordinating the requirements of this Executive Order and for informing and encouraging the University System of Maryland and county and local governments to join in purchasing ZEVs under the State contract.

Administrative History

Effective date: January 20, 2015

01.01.2014 Executive Orders 2014

COMAR 01.01.2014.14 Strengthening Climate Action in Maryland

(Rescinds Executive Order 01.01.2007.07)

A. Commission Strengthened. To continue to advise the Governor and General Assembly on matters related to climate change, the Maryland Commission on Climate Change (the Commission) is modified and reinforced as indicated below.

B. Membership. The Commission’s membership shall be expanded to extend the Commission’s reach and effectiveness. The Commission’s membership shall consist of no more than 25 members and include:

(1) One member appointed by the Speaker of the House of Delegates;

(2) One member appointed by the President of the Senate;

(3) The Treasurer of the State of Maryland;

(4) The Secretary of the Maryland Department of the Environment;

(5) The Secretary of the Department of Agriculture;

(6) The Secretary of the Department of Natural Resources;

(7) The Secretary of the Department of Planning;

(8) The State Superintendent of Schools;

(9) The Secretary of the Department of Transportation;

(10) The Secretary of the Department of General Services;

(11) The Director of the Maryland Energy Administration;

(12) The President of the University of Maryland’s Center for Environmental Science;

(13) At least two representatives from local governments;

(14) At least two representatives from the business community;

(15) At least two representatives from non-profit organizations; and

(16) No more than seven at large members appointed by the Governor.

C. Terms. Members appointed by the Governor shall serve at the pleasure of the Governor for renewable, two-year terms.

D. Chair. The Secretary of the Maryland Department of the Environment shall serve as Chair of the Commission.

E. Commission Tasks. The Commission shall:

(1) Strengthen and maintain existing State action plans to further mitigate the causes and drivers of climate change, and address (prepare for and adapt to) the consequences of climate change.

(2) Reestablish Scientific and Technical, Greenhouse Gas (GHG) Mitigation, and Adaptation and Response Working Groups, and create other working groups as needed.

(3) Prioritize working group actions, including:

(a) Developing broader public/private and federal/State/local partnerships to better mitigate the causes and address the consequences of climate change, and to better communicate with and educate citizens about the urgency of the challenge and options to address it;

(b) Maintaining an inventory of Maryland’s GHG emission sources and sinks;

(c) Addressing the challenge that low income and otherwise vulnerable communities will likely be disproportionately impacted by climate change;

(d) Assessing the impacts that climate change will likely have on the State's economy, revenues, and investment decisions;

(e) Recommending short and longer-term strategies and initiatives to better mitigate the causes and address the consequences of climate change;

(f) Delivering tools and assistance to local governments to support community-scale climate vulnerability assessments and the development and integration of specific strategies for enhancing resilience to the impacts of climate change into local plans and ordinances;

(g) Establishing comprehensive and accountable, annual working group work plans that set annual goals and performance benchmarks, and prioritize new and existing climate change mitigation and adaptation actions and initiatives;

(h) Maintaining a comprehensive action plan, with five year benchmarks, to achieve science-based reductions in Maryland’s GHG emissions of 80% of 2006 levels by 2050; and

(i) Convening regular working group and full Commission meetings to ensure that sufficient progress is being made across all sectors and communities in Maryland.

(4) Consider other related matters as the Commission deems necessary.

F. Appointments. The Chair of the Commission shall appoint working group and sub-committee members who represent both public and private interests in climate change, including but not limited to: academic institutions, renewable and traditional energy providers, environmental organizations, government representatives, labor organizations, and business interests. Working group and subcommittee members shall serve at the pleasure of the Commission Chair. G. Milestones.

(1) Within 30 days of the effective date of this Executive Order, the Commission shall be convened and working group members shall be appointed.

(2) Within 60 days of the effective date of this Executive Order, working groups shall meet and establish individual work plans.

H. Staff Coordination. The Departments of the Environment (MDE) and Natural Resources (DNR) shall jointly staff the Commission in coordination with other State agencies as directed by the Chair.

I. Enhanced State Action. To address concerns related to climate change:

(1) All State agencies shall review State planning, regulatory and fiscal programs to identify and recommend actions to more fully integrate the consideration of Maryland’s GHG reduction goal and the impacts of climate change; including sea level rise, increased precipitation and temperature, and extreme weather. State agencies shall also identify and recommend specific policy, planning, regulatory and fiscal changes for existing programs that do not currently support the State’s GHG reduction efforts or address climate change impacts.

(2) GHG Reduction Plan agencies shall submit an annual program implementation status report to Maryland’s Commission on Climate Change and to the Governor, through MDE. The annual status report should include: program descriptions and objectives; implementation milestones; enhancement opportunities; funding or other challenges; and any other information that the reporting agency considers relevant. Status reports should include estimated GHG emission reductions, by program, for the prior calendar year.

(3) DNR shall issue Maryland Environmental Policy Act (MEPA) guidelines that require consideration of climate change factors, including both mitigation and adaptation.

(4) The Department of Information Technology (DoIT) shall create an online climate data and information portal to increase public access to the latest climate science, projections and technical resources.

(5) StateStat shall continue to monitor and further drive State agencies’ progress toward climate change mitigation and reduction goals through quarterly ClimateStat sessions.

J. Reporting. Maryland’s Commission on Climate Change shall report to the Governor and General Assembly on or before November 15 of each year, beginning with November 15, 2015, on the status of the State’s efforts to address the causes and consequences of climate change, including future plans and recommendations for legislation, if any, for consideration by the General Assembly.

Administrative History

Effective date: November 19, 2014

COMAR 01.01.2014.13 Commemoration of Cultural, Ethnic, and Religious Celebrations

A. There shall be a proclamation issued annually in commemoration of the following celebrations:

(1) American Indian Heritage Month, as provided in Maryland Code, General Provisions Article, § 7-506;

(2) Baisakhi;

(3) Black History Month, as provided in Maryland Code, General Provisions Article, § 7-501;

(4) Caribbean Heritage Month;

(5) Diwali;

(6) German-American Heritage Month, as provided in Maryland Code, General Provisions Article, § 7-505;

(7) Hanukkah;

(8) Iftar;

(9) Irish-American Heritage Month, as provided in Maryland Code, General Provisions Article, § 7-502;

(10) Hispanic Heritage Month, as provided in Maryland Code, General Provisions Article, § 7-504;

(11) Korean American Day;

(12) Lunar New Year, as provided in Maryland Code, General Provisions Article, § 7-401;

(13) Passover Seder;

(14) Women’s History Month, as provided in Maryland Code, General Provisions Article. § 7-503; and

(15) Any other religious or cultural celebration designated jointly in the future by the Secretary of State and the Governor’s Office of Community Initiatives.

B. The Governor’s Office of Community Initiatives shall coordinate the issuance of proclamations within the scope of this Executive Order.

(1) A citizen or community group seeking the commemoration of an ethnic, cultural, or religious celebration not specified in paragraph A. may submit a request to the Governor’s Office of Community Initiatives for an additional proclamation.

(2) The Governor’s Office of Community Initiatives in conjunction with the Office of the Secretary of State shall determine whether such proclamation will be issued.

(3) After a proclamation has been issued, a copy of the proclamation shall be maintained in the Governor’s Office of Community Initiatives.

C. The proclamation shall be issued during the period or on the date on which the celebration is traditionally observed, either as provided in statute, or as determined by the Governor’s Office of Community Initiatives.

D. The proclamation shall commend the celebration to all Maryland citizens.

Administrative History

Effective date: October 29, 2014

01.01.2013 Executive Orders 2013

COMAR 01.01.2013.04 Governor's Commission for Effective Community Inclusion of Individuals with Intellectual and Developmental Disabilities

A. There is a Maryland Commission for Effective Community Inclusion of Individuals with Intellectual and Developmental Disabilities.

B. Membership. The Commission consists of the following voting members:

(1) One member appointed by the President of the Senate;

(2) One member appointed by the Speaker of the House of Delegates;

(3) The Secretary of the Department of Disabilities, or the Secretary’s designee;

(4) The Superintendent of the Maryland State Police, or the Superintendent’s designee;

(5) The Secretary of the Department of Health and Mental Hygiene, or the Secretary’s designee;

(6) The Executive Director of the Maryland Institute for Emergency Medical Services Systems, or the Executive Director’s designee;

(7) The Secretary of the Department of Juvenile Services, or the Secretary’s designee;

(8) The Secretary of the Department of Public Safety and Correctional Services, or the Secretary’s designee;

(9) The Executive Director of the Governor’s Office of Crime Control and Prevention, or the Executive Director’s designee;

(10) The Executive Director of the Police and Correctional Training Commissions, or the Executive Director’s designee;

(11) One representative from a State’s Attorney’s office;

(12) One representative from a city or county police department;

(13) One representative from a sheriff’s department;

(14) One representative of a Maryland organization that advocates for individuals with intellectual and developmental disabilities;

(15) One representative of a national organization that advocates for individuals with intellectual and developmental disabilities;

(16) One individual, a self-advocate, with an intellectual or developmental disability; and

(17) Up to five members, no more than three of whom shall be full-time State employees, as appointed by the Governor.

C. The members identified in Sections B(11) through (17) shall be appointed by the Governor and shall serve at the pleasure of the Governor.

D. Members appointed by the Governor may serve up to two consecutive, three-year terms.

E. The Governor shall designate the Chair from among the members.

F. In the event of a vacancy on the Commission, the Governor shall appoint a successor to fill the remainder of the term.

G. Procedures.

(1) Members of the Commission may not receive any compensation for their services but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

(2) The majority of voting members of the Commission shall constitute a quorum for the transaction of any business.

(3) The Commission may adopt such other procedures as may be necessary to ensure the orderly transaction of business, including the creation of committees or task forces.

(4) The Chair may, with the consent of the Commission, designate additional individuals, including interested citizens, elected officials, educators, or specialists with relevant expertise, to serve on any committee or task force.

(5) The Commission may consult with State agencies to obtain such technical assistance and advice as it deems necessary to complete its duties. All Executive Department agencies shall cooperate with and assist the Commission in carrying out its responsibilities.

(6) The Commission shall meet at least four times per year.

H. Purposes. The Commission shall have the following objectives:

(1) Develop and issue recommendations about the types of policies, guidelines, or best practices that Maryland should adopt regarding law enforcement officials, paramedics, and other first responders’ responses to situations involving individuals with intellectual and developmental disabilities;

(2) Develop and issue recommendations about the types of statewide training standards that Maryland should adopt to educate individuals in positions of authority, particularly those in public sector positions such as law enforcement officials, paramedics, and other first responders, about the best approaches for safely managing situations involving individuals with intellectual and developmental disabilities. If appropriate, the recommendations should include the method by which the standards would be implemented;

(3) Develop a coordinated, collaborative, and comprehensive strategy for State and local officials, disability advocates, and other interested parties to ensure enhanced responses to situations involving individuals with intellectual and developmental disabilities;

(4) In developing the strategy in paragraph (3), consider all available types of assistance that would be helpful, including the expansion of Crisis Intervention Teams and Mobile Crisis Teams; and

(5) To consider other related matters as the Commission deems necessary.

I. Reports and Recommendations.

(1) The Commission shall issue an initial report addressing the purposes listed in Section H.

(2) The Commission may provide recommendations in the initial report as appropriate.

(3) The initial report on the work of the Commission shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Delegates, on January 9, 2014.

(4) The Commission shall issue an annual report addressing the purposes listed in Section H to the Governor, the President of the Senate, and the Speaker of the House of Delegates, on December 3rd of each year starting in 2014, and it may issue additional reports and recommendations as appropriate.

Administrative History

Effective date: September 17, 2013

COMAR 01.01.2013.03 Public-Private Partnerships — Oversight

A. Maryland Subcabinet for Public-Private Partnerships.

(1) Established. This is a Maryland Subcabinet for Public-Private Partnerships. The Subcabinet shall consist of the following members:

(a) The Executive Director of the Maryland Subcabinet for Public-Private Partnerships, who is appointed by the Governor;

(b) The Lt. Governor, or the Lt. Governor’s designee, who serves as Chair of Subcabinet;

(d) The Secretary of General Services, or the Secretary’s designee;

(e) The Secretary of Transportation, or the Secretary’s designee;

(f) The Special Secretary of the Governor’s Office of Minority Affairs, or the Special Secretary’s designee;

(g) The Executive Secretary of the Maryland Transportation Authority, or the Executive Secretary’s designee; (h) The Chancellor of the University System of Maryland, or the Chancellor’s designee;

(i) The Executive Director of the Maryland Stadium Authority, or the Executive Director’s designee;

(j) The Executive Director of the Maryland Economic Development Corporation, or the Executive Director’s designee; and

(k) The Executive Director of the Interagency Committee on School Construction, or the Executive Director’s designee.

(2) The Maryland Subcabinet for Public-Private Partnerships shall establish a Public-Private Partnership Advisory Board to seek advice on future public-private partnership policy and opportunities. The membership of the Advisory Board is at the sole discretion of the Subcabinet. The Board shall be diverse and representative of the various groups and stakeholders that have experience and interest in public-private partnerships. Its membership may include persons from the private and public sector, the labor community, the environmental community, historically black colleges and universities, minority communities, women, local and county government officials, the Maryland Senate, the Maryland House of Delegates and any other affected groups or businesses.

(3) Responsibilities. The Maryland Subcabinet for Public-Private Partnerships and the Executive Director of the Subcabinet shall:

(a) Coordinate the activities of the Subcabinet, execute the responsibilities enumerated in this Executive Order, and act as the State’s liaison to groups and individuals who are interested in learning about or pursuing public-private partnerships in Maryland;

(b) Meet at least quarterly to review statewide public-private partnership projects, policies, and related issues;

(c) Provide assistance, information, or advice to any reporting agency seeking assistance, information, or advice for potential public-private partnerships;

(d) As necessary, and in coordination with a reporting agency and the Department of Budget and Management, provide the Board of Public Works, the General Assembly, the Department of Legislative Services, the Office of the Comptroller and Office of the Treasurer with updates on any ongoing or future public-private partnerships;

(e) Assist with the continued development and improvement of the State’s public-private partnership framework, including agency regulations and the criteria for project selection, as needed;

(f) Review, as needed, Maryland’s existing public-private partnership legislation or regulations that may constrain reporting agencies or Maryland’s ability to consider or execute public-private partnerships effectively, and recommend potential changes;

(g) Analyze how to maximize the State’s use of public-private partnerships;

(h) Conduct additional research into best practices for public-private partnerships within the United States and internationally;

(i) Invite subject-matter experts, both from within and outside State government, to present to the Subcabinet;

(j) Hold forums and similar educational or information-gathering events;

(k) Ensure that the repository for public-private partnership information established under Section B of this Executive Order is updated on a timely basis, including:

(i) Key aspects and documents related to all State public-private partnerships that have reached final Agreement;

(ii) Details about each reporting agency’s pipeline of future public-private partnerships; and

(iii) Any other pertinent information related to public-private partnerships;

(l) Commission the development of studies and reports including, but not limited to, a report submitted by December 1, 2013 to the Governor, Senate President and House Speaker that includes:

(i) An analysis of the State’s two capital improvement plans—including the Consolidated Transportation Program and Capital Improvement Program—to assist reporting agencies in determining which capital projects should be considered as a public-private partnership and their respective priority. Consideration may also be given to capital projects that have been requested, but are not included in either of the State’s current capital improvement plans;

(ii) The advantages and disadvantages of establishing a formal Office of Public-Private Partnerships and/or Innovative Financing Office to oversee and manage future tax increment financing, public-private partnerships, smart growth investment funds, or other types of innovative financing, as well as the potential composition, location, staffing, and responsibilities of such an office or offices; and

(iii) A description of possible uses of availability payments and their applicability in Maryland.

(4) Staff support. Staff support for the Maryland Subcabinet for Public-Private Partnerships will be provided by the Executive Director with support from:

(a) The Department of Transportation;

(b) The Department of Budget and Management;

(d) The University System of Maryland; and

(e) Contractual assistance or experts in the field of public-private partnerships or other areas as needed.

B. Repository for Public-Private Partnership Information.

(1) The Executive Director in coordination with the subcabinet will create a centralized website to highlight information on the State’s knowledge and experience with public-private partnership policies, processes, projects and other best practices.

(2) The website will be maintained jointly by:

(a) The Maryland Subcabinet for Public-Private Partnerships;

(b) The Department of Transportation; and

(3) The website may include:

(a) Key aspects and documents of all public-private partnerships undertaken by the State or a reporting agency;

(b) The pre-solicitation report of all future public-private partnerships, minus the information deemed confidential, proprietary, or otherwise exempt from disclosure, in accordance with 10A-201(c)(1)(v) of the State Finance and Procurement Article;

(c) Solicitation documents and the final public-private partnership agreement, minus the information deemed confidential, proprietary, or otherwise exempt from disclosure, in accordance with 10A-203(b)(1)(i) of the State Finance and Procurement Article;

(d) The contact information for the main public-private partnership point of contact for each reporting agency;

(e) Report of the Joint Legislative and Executive Commission on Public-Private Partnerships;

(f) Regulations relating to public-private partnerships for each of the reporting agencies;

(g) The process for submitting unsolicited proposals to the reporting agencies;

(h) Information regarding recent public-private partnership activities, forums, meetings, and initiatives throughout the State;

(i) Additional materials developed by the Maryland Subcabinet for Public Private Partnerships; and

(j) Details about each Reporting Agency’s pipeline of potential future public-private partnerships, including:

(i) Potential project delivery methods under consideration; and

(ii) Estimated pre-solicitation and solicitation schedules for each potential public-private partnership.

C. Public Private Processes.

(1) In accordance with the public-private partnership law, each reporting agency shall establish public-private partnership regulations for the development, solicitation, evaluation, award, and delivery of public-private partnerships.

(2) For the development of regulations, reporting agencies may:

(a) Use internal resources;

(b) Use the report of the Joint Legislative and Executive Commission on Public-Private Partnerships;

(d) Seek guidance from experts in the field of public-private partnerships.

Administrative History

Effective date: August 5, 2013

COMAR 01.01.2013.02 Governor's Commission on Service and Volunteerism

(Rescinds Executive Order 01.01.2004.58)

A. Definitions. In this Executive Order, the following terms have the meanings indicated:

(1) “Commission” means the Governor's Commission on Service and Volunteerism.

(2) “Office” means the Governor’s Office of Community Initiatives, as established in Executive Order 01.01.2007.25.

(3) “Act” means the National and Community Service Trust Act of 1993, as amended.

(4) “Executive Director” means the Executive Director of the Governor’s Office of Community Initiatives.

B. Established. There is a Governor's Commission on Service and Volunteerism within the Executive Branch. The Commission shall report to the Executive Director.

C. Membership and Procedures.

(1) Voting Members. The Commission shall be comprised of the following voting members:

(a) The State Superintendent of Schools, or a designee;

(b) 14 to 24 voting members appointed by the Governor to include:

(i) A representative of community-based agencies or organizations within the State;

(ii) A representative of local government;

(iii) A representative of business;

(iv) A representative of labor;

(v) A representative of a national service program;

(vi) An individual between the ages of 16 and 25 who is a participant or supervisor in a volunteer service program;

(vii) An individual with expertise in the educational, training and development needs of youth, particularly disadvantaged youth;

(viii) An individual with experience in promoting the involvement of older adults in service and volunteerism; (ix) A representative of the volunteer sector; and

(x) Members of the general public with interest, knowledge and experience in service and volunteerism.

(2) Nonvoting Members. The Executive Director of the Office shall serve as a nonvoting member of the Commission. The Commission may also include nonvoting representatives of State agencies.

(3) The Corporation for National and Community Service shall designate one of its employees to serve as an ex-officio nonvoting representative on the Commission.

(4) In accordance with the requirements of the Act, no more than 50 percent plus one of the voting members may be from the same political party, and no more than 25 percent of the voting members may be comprised of officers or employees of the State.

(5) In accordance with the requirements of the Act, the Chairperson will be elected annually from among the Commission members and may be re-elected. In the event of a vacancy between elections, the Governor shall designate an interim chairperson who shall serve until a successor has been duly elected.

(6) Members appointed by the Governor shall serve at his pleasure for a term of three years. A member may be reappointed, but may not serve more than two complete consecutive terms. The terms of the members shall be staggered from initial appointment.

(7) A member of the Commission shall serve without compensation, but may be reimbursed for reasonable and necessary travel expenses incurred while performing approved Commission duties, in accordance with the Standard State Travel Regulations and as provided in the State budget.

D. Scope of the Commission. The Commission shall have the following duties and responsibilities:

(1) To direct the State’s participation in the implementation of the National and Community Service Trust Act of 1993, and appropriate successor acts, including approving the State's application for funding of service positions under the Act;

(2) To encourage the recognition of outstanding volunteer service and civic participation by individuals, schools, and organizations, with the goal of promoting greater participation in the community; and

(3) To advise the Governor, Executive Director, and State agencies on issues related to volunteerism and service among the citizens of the State.

E. Staff Support. The Office shall provide support to the Commission in carrying out its duties, including:

(1) Performing grant administration functions, including preparation of an annual comprehensive plan and State application for funding, and monitoring and evaluating funded programs;

(2) Serving as the State’s principal liaison to the Corporation for National and Community Service;

(3) Providing technical assistance, education, information, and other support to organizations and institutions to encourage community service and volunteer participation; and

(4) Working with individuals, communities and organizations to promote innovative programs and initiatives that address Maryland’s educational, public safety, human service, and environmental needs.

F. Reports. By December 31 of each year, the Commission shall make an annual report to the Executive Director concerning its activities, and any recommendations it may have for further promoting community service and volunteerism in the State.

Administrative History

Effective date: July 23, 2013

01.01.2012 Executive Orders 2012

COMAR 01.01.2012.05 Governor's Family Violence Council

(Amends Executive Order 01.01.2008.16)

A. Established. There is a Governor's Family Violence Council within the Governor's Office of Crime Control and Prevention. The Governor’s Family Violence Council’s mission is to provide the Governor with timely and accurate information on family violence with recommendations to reduce and eliminate abusive behaviors.

B. Membership.

(1) The Council shall have no more than 28 members consisting of:

(a) The Lieutenant Governor or a designee;

(b) The Secretary of Health and Mental Hygiene or a designee;

(d) The Secretary of Public Safety and Correctional Services or a designee;

(e) The Secretary of Juvenile Services or a designee;

(f) The State Superintendent of Schools or a designee;

(g) The Secretary of State Police or a designee;

(h) The Executive Director of the Governor's Office of Crime Control and Prevention or a designee;

(i) The Executive Director of the Governor's Office for Children or a designee;

(j) The Attorney General or a designee;

(k) A representative of the Maryland Judiciary, designated by the Chief Judge of the Court of Appeals;

(l) Two members of the Maryland Senate, one appointed by the President of the Senate and one appointed by the Minority Leader of the Senate;

(m) Two members of the Maryland House of Delegates, one appointed by the Speaker of the House and one appointed by the Minority Leader of the House of Delegates;

(n) A representative of the Maryland State’s Attorneys’ Association; and

(o) Up to twelve members with interest and expertise in issues related to domestic violence appointed by the Governor. These members may include representatives of service providers, the legal, advocacy, and faith communities, and victims and survivors of domestic or family violence.

(p) The Governor shall appoint the Chair and any Vice Chairs of the Council from among its members.

(2) Members appointed by the Governor under B(1)(o) serve at the will of the Governor, and shall serve 3-year terms, staggered upon initial appointment. All other members shall serve so long as they hold the office or designation stipulated in B(1)(a) through (n).

(3) To the extent possible, the membership shall include representation from each of the major geographic regions of the State.

(4) Members of the Council may not receive any compensation for their services, but may receive reimbursement for reasonable expenses incurred in the performance of their duties in accordance with the Standard State Travel Regulations and as provided in the State budget.

(5) If a member appointed by the Governor fails to attend more than half of the regularly scheduled meetings in one year, the member may be presumed to have resigned and the Governor may appoint a new member to fill out the remainder of the term.

C. Procedures.

(1) The Council shall meet at least two times per year.

(2) A majority of the Council's membership shall constitute a quorum for the transaction of any business.

(3) The Council may adopt rules consistent with this Executive Order, including the creation of subcommittees to carry out the Council's responsibilities.

(4) The Council may hold public hearings as deemed necessary and appropriate by the Chair.

D. Duties and Responsibilities. The Council shall:

(1) Advise the Governor through the Executive Director of the Governor's Office of Crime Control and Prevention on matters related to family violence.

(2) Identify and analyze State policies and programs relating to family violence, including but not limited to:

(a) Collecting data from State agencies relating to the prevention and reduction of domestic violence and related family violence;

(b) Identifying resources available to reduce and prevent family violence through a statewide coordinated effort; and

(3) Examine, or cause to be examined, the relationship between family violence and other societal problems, including but not limited to juvenile delinquency, alcohol and substance abuse, truancy, and future criminal activity.

(4) Identify best practices, research, and information pertaining to abuser intervention and related programs.

(5) Propose to the Governor, through the Executive Director of the Governor's Office of Crime Control and Prevention, legislative, regulatory, and policy changes to reduce and prevent the incidence of domestic violence and related family violence, to protect victims and to punish perpetrators.

(6) Perform such other duties and functions as may be appropriate and necessary for the Council to address and implement the provisions of this Executive Order.

E. Staffing.

(1) The Governor's Office of Crime Control and Prevention shall provide staff for the Council.

(2) The Council may request and shall receive in a timely manner from any department, division, board, bureau, commission, or agency of the State such information and assistance as necessary to enable it to properly carry out its powers pursuant to this Executive Order, unless otherwise prohibited by law.

(3) The Council shall be funded by operating budgets of the Executive Department, and any federal funds or special State funds available, unless otherwise prohibited by law or regulation.

F. Reporting. The Council shall issue an annual report to the Governor by December 1, which provides the status of family violence in Maryland and recommends improvements to the State's activities to prevent family violence.

Administrative History

Effective date: March 27, 2012

COMAR 01.01.2012.04 One Maryland — One Map: Maryland Integrated Map

(Rescinds Executive Order 01.01.2009.20)

A. Established. There is an Executive Committee to implement the Maryland Integrated Map (MD iMap). The Executive Committee is a subcabinet entity and shall advise the Governor on issues relating to MD iMap and geospatial policy.

B. Composition. The Executive Committee consists of the following members:

(1) The Secretary of the Department of Agriculture or a designee;

(2) The Secretary of the Department of Environment or a designee;

(3) The Secretary of the Department of Natural Resources or a designee;

(4) The Secretary of the Department of Planning or a designee;

(5) The Secretary of the Department of Transportation or a designee;

(6) The Secretary of the Department of Housing and Community Development or a designee;

(7) The Secretary of the Department of Business and Economic Development or a designee;

(8) The Secretary of the Department of General Services or a designee;

(9) The State Superintendent of Education or a designee;

(10) The Secretary of the Department of Health and Mental Hygiene or a designee;

(11) The Secretary of the Department of Information Technology;

(12) The Secretary of the Department of Public Safety and Correctional Services or a designee;

(13) The Superintendent of the Maryland State Police or a designee;

(14) The Director of Assessments and Taxation or a designee;

(15) The Secretary of Budget and Management or a designee;

(16) The Adjutant General of the Military Department or a designee;

(17) The Director of the Maryland Emergency Management Agency or a designee;

(18) The Secretary of the Department of Labor, Licensing and Regulations or a designee;

(19) The Secretary of the Department of Human Resources or a designee;

(20) The Director of the Governor's StateStat Office;

(21) The Governor’s Homeland Security Advisor;

(22) The Executive Director of the Governor’s Office of Crime Control and Prevention or a designee;

(23) The Executive Director of the Maryland Institute for Emergency Medical Services Systems or a designee;

(24) The Governor may appoint as members of the Executive Committee five elected officials or employees from local government and/or public utilities who have knowledge and interest in geospatial data, technology, and policy. Such members shall serve at the pleasure of the Governor for up to two consecutive two-year terms. Some initial appointments will be for three years so that subsequent turnover will be staggered. One appointment will represent each of the following geographic regions:

(a) Western (Allegany, Frederick, Garrett, and Washington counties);

(b) Eastern (Eastern Shore including Cecil County);

(d) Capital Region (Montgomery and Princes George’s counties); and

(e) North/Central (Harford, Baltimore, Baltimore City, Carroll, and Howard counties);

(25) The Governor may appoint up to five members from the private, private utility, academic, and/or nonprofit sectors who have knowledge of and interest in geospatial data, technology, or policy. Such members shall serve at the pleasure of the Governor for up to two consecutive two-year terms. Some initial appointments will be for three years so that subsequent turnover will be staggered; and

(26) The Governor shall request a representative from the Federal Geographic Data Committee.

C. Executive Committee Leadership and Status.

(1) The Governor shall provide strategic direction to the Executive Committee.

(2) The Secretary of the Department of Information Technology shall chair the Executive Committee.

(3) The Director of the Governor's StateStat Office shall serve as vice chair of the Executive Committee.

D. Executive Committee Duties. The Executive Committee shall:

(1) Develop and/or approve MD iMap policies, procedures, and guidance;

(2) Respond to matters referred by the Technical Committee;

(3) Identify funding to support the MD iMap program, develop a budget that describes the collective cost of operating and investing in MD iMap, and provide advice to the Governor on budget matters;

(4) Promote the sharing of geospatial data and services among all participants in the MD iMap program while taking into account privacy and security concerns;

(5) Appoint and assign appropriate staff to oversee the development, maintenance, use, and promotion of the MD iMap program;

(6) Provide guidance to the Technical Committee on MD iMap policies, standards, and other deliverables; and

(7) Promote, advertise, and market the applications, capabilities, benefits, and results of the MD iMap program.

E. State Geographic Information Officer.

(1) There is a State Geographic Information Officer (GlO).

(2) The GlO shall be appointed by and serve at the pleasure of the Secretary of the Department of Information Technology.

(3) The GlO shall:

(a) Ensure that the MD iMap program supports the Governor's Policy Goals;

(b) Facilitate and coordinate the planning, implementation, and maintenance of the MD iMap program (including MD iMap policies and procedures);

(c) Develop, maintain, and operate an enterprise geospatial system, including the central store and catalog of MD iMap data and services available to agencies and the public;

(d) Recruit the Technical Committee membership;

(e) Appoint Technical Committee Chair(s);

(f) Provide oversight for the development of the MD iMap program;

(g) Establish and monitor MD iMap metrics;

(h) Establish and manage a MD iMap communications plan;

(i) Provide MD iMap education;

(j) Maintain a liaison relationship with State, regional, county, and municipal organizations;

(k) Promote, advertise, and market applications, capabilities, benefits, and results of the MD iMap program; and

(l) Assist in the identification and capturing of funding to support the MD iMap program.

F. Technical Committee.

(1) The Technical Committee shall consist of State agency personnel responsible for using and implementing MD iMap, local government, and private and nonprofit representatives in the field of geographical information systems.

(2) The Technical Committee shall:

(a) Facilitate the development of MD iMap contents, policies, and procedures;

(b) Establish and monitor MD iMap metrics;

(d) Provide MD iMap program status reports to the Executive Committee;

(e) Resolve issues identified by any work groups that have been established;

(f) Ensure consistency in any contents, policies and procedures developed by work groups;

(g) Submit MD iMap resources to the Executive Committee;

(h) Submit recommendations to the Executive Committee for changes, additions, or exceptions to MD iMap system infrastructure or data sets;

(i) Identify matters that need to be referred to the Executive Committee for resolution;

(j) Ensure the quality and timeliness of MD iMap resources;

(k) Review and provide advice on GIS-related projects to the Executive Committee or the GIO;

(l) Provide planning and oversight support for MD iMap GIS projects;

(m) Provide advice on GIS-related issues associated with MD iMap projects;

(n) Review MD iMap GIS projects to ensure that they conform to the MD iMap program policies;

(o) Promote, advertise, and market the applications, capabilities, benefits, and results of MD iMap; and

(p) Research new technologies.

G. Cooperation of State Agencies. All State departments, agencies, commissions, and boards are directed to cooperate with the Executive Committee, the GIO, and the Technical Committee in implementing the provisions of this Executive Order.

Administrative History

Effective date: March 13, 2012

COMAR 01.01.2012.03 State Law Enforcement Coordinating Council

A. Established. There is a State Law Enforcement Coordinating Council (Council).

B. Membership.

(1) The Council shall include the following State law enforcement agencies (member agencies):

(a) State Police;

(b) The Maryland Transportation Authority Police;

(d) The Natural Resources Police;

(e) University of Maryland Department of Public Safety, and all police departments of the constituent institutions of the University System of Maryland listed in Section 12-101(b)(5) of the Education Article of the Annotated Code of Maryland;

(f) The Morgan State University Police Force; and

(g) Maryland Capitol Police.

(2) The Secretary of State Police will serve as the Chair of the Council.

(3) The Council Chair shall select two chiefs from the member agencies who shall serve as Deputy Chairs for an appointment period not to exceed one year.

(4) The Executive Committee will be comprised of the Chair and Deputy Chairs of the Council.

(5) The Membership of the Council may be expanded to include other State law enforcement agencies by the unanimous decision of the Executive Committee.

(6) The Advisory Group to the Council shall include, but is not limited to designated representatives from the:

(a) Governor’s Office of Crime Control and Prevention;

(b) Maryland Highway Safety Office;

(d) Maryland Emergency Management Agency; and

(e) Governor’s Office of Homeland Security.

C. Procedures.

(1) Council meetings shall be attended by designated representatives of each member agency and shall be held on a quarterly basis or as necessary.

(2) The Council shall adopt written policies and procedures to implement the provisions of this Executive Order, including policies and procedures to ensure the safe, efficient, and cooperative provision of law enforcement services in instances in which a member agency of the Council is operating with expanded jurisdiction as provided for in subsection E(1) of this Executive Order.

(3) As provided in subsection C(5), the Executive Committee shall approve actions of the Council under circumstances where coordination of State law enforcement agencies will serve to protect the public safety. Council coordinated activity may include, but is not limited to, responding to crime trends of a statewide, regional or local nature by targeted enforcement or investigative activity, investigating specific criminal activity within the State, maintaining homeland security, responding to emergencies either natural or manmade, or undertaking such actions as may help to enhance the safety of the roadways or any mode of travel on public transportation.

(4) The Executive Committee shall also decide which member agencies shall participate in each action, based upon the resources a particular member agency has available to participate, the location of the action and the particular expertise that the member agency has available to contribute to the action.

(5) All planned law enforcement actions of the Council shall be approved by a unanimous decision of the Executive Committee. An Executive Committee member who is not available to participate in any decision of the Committee shall designate a representative from within his or her agency. The scope and aims of each Council action shall be described in writing before it is carried out. The outcome shall be documented within a reasonable time following completion of the action. Any action for which the Executive Committee, because of an emergency or other time-sensitive situation, does not have time to prepare and approve a written document detailing the scope and aims in advance shall be approved upon the verbal authorization of a majority of the Executive Committee. The scope, aims, and outcome of the Council action shall be documented as soon thereafter as reasonably possible.

(6) On September 1 of each year, the Council shall submit a summary report to the Governor concerning all actions taken under this Executive Order for the previous fiscal year ending June 30, including the member agency participants and the location of each action.

D. Duties.

(1) The Council has the authority and responsibility to coordinate among its member agencies to further the safety and security of the people of Maryland and to improve the administration and enforcement of the laws of Maryland by ensuring that police resources are deployed across the State to address state-wide crime trends, regional and local crime, maintain homeland security, respond to any threats to homeland security, and to address emergencies either natural or man-made.

(2) The Council will explore opportunities for its member agencies to work collaboratively with local law enforcement agencies and seek to foster enhanced communications and working relations among all law enforcement agencies in the State to achieve a safer Maryland.

(3) The Council will seek efficiencies in administrative functions among its member agencies, including but not limited to the following:

(a) Training;

(b) Information Technology;

(d) Procurement;

(e) Campus Security;

(f) Homeland Security; and

(g) Development and implementation of emergency planning.

E. Jurisdiction.

(1) Member agencies may exercise all the authority of a police officer of the Department of State Police as provided in Section 2-412 of the Public Safety Article when carrying out any action approved by the Council as provided for in this Executive Order and as authorized by:

(a) Section 7-207(b)(iii) of the Transportation Article for the Maryland Transit Administration Police;

(b) Section 4-208(b)(4)(iii) of the Transportation Article for the Maryland Transportation Authority Police;

(c) Section 13-601(b)(2)(iv) of the Education Article for the University of Maryland Police and the police departments of the constituent institutions of the University System of Maryland listed in Section 12-101(b)(5) of the Education Article; and

(d) Section 14-106(b)(2)(iii) for the Morgan State University Police Force.

(2) A police officer of the Natural Resources Police shall have the full authority of a police officer of the State as provided in Section 1-204(a) of the Natural Resources Article, including the authority to enforce traffic laws when carrying out any action approved by the Council as provided for in this Executive Order.

(3) A police officer of the Maryland Capitol Police as defined by Section 4-605(c) of the State Finance and Procurement Article shall have the full authority of a police officer to enforce the criminal laws of the State as provided by Section 2-102 of the Criminal Procedure Article when carrying out any action approved by the Council as provided for in this Executive Order.

(4) No provision of this Executive Order is intended to compromise or limit any of the powers, protections, or immunities otherwise granted by law to member agencies or other law enforcement agencies within Maryland.

Administrative History

Effective date: February 29, 2012

COMAR 01.01.2012.02 Recognition of the Maryland Indian Status of the Piscataway Indian Nation

A. The State formally recognizes the Piscataway Indian Nation’s Maryland Indian status.

B. The Piscataway Indian Nation and its members shall be accorded all the rights and privileges to which formal State recognition of the Nation's Maryland Indian status entitles them.

C. This Executive Order should not be interpreted as creating any rights to land, entitlements of any kind, or any special privileges related to gaming.

Administrative History

Effective date: January 9, 2012

COMAR 01.01.2012.01 Recognition of the Maryland Indian Status of the Piscataway Conoy Tribe

A. The State formally recognizes the Piscataway Conoy Tribe's Maryland Indian status.

B. The Piscataway Conoy Tribe and its members shall be accorded all the rights and privileges to which formal State recognition of the Tribe's Maryland Indian status entitles them.

C. This Executive Order should not be interpreted as creating any rights to land, entitlements of any kind, or any special privileges related to gaming.

Administrative History

Effective date: January 9, 2012

01.01.2011 Executive Orders 2011

COMAR 01.01.2011.13 Regional Bomb Squad Readiness and Coordination

A. The Office of the State Fire Marshal (OSFM) within the Maryland Department of State Police, the Maryland Emergency Management Agency (MEMA), and the Governor’s Office of Homeland Security (GOHS) shall continue to coordinate with the State’s federally accredited local bomb squads in order to provide safe, immediate, and effective responses to bomb threats throughout all regions of the State.

B. In their coordination with the State’s accredited local bomb squads, the OSFM, MEMA and GOHS shall focus on establishing and promoting:

(1) Mutual aid among Maryland’s accredited bomb squads to ensue effective bomb squad response statewide;

(2) A regional response plan to ensure bomb squad readiness and coordination throughout the State;

(3) Joint training exercises across jurisdictions and disciplines, including law enforcement; and

(4) Mechanisms for sharing and analyzing performance data.

Administrative History

Effective Date: August 9, 2011

COMAR 01.01.2011.12 Governor’s Economic Development and Job Creation Fast Track

A. In this Executive Order the following words have the meanings indicated.

(1) “Coordinating Committee” means the committee designated by the Governor’s Chief of Staff under Section D(2) of this Order to assist in the implementation of this Executive Order.

(2) “Priority Funding Area” has the meaning stated in Title 5, Subtitle 7B of the State Finance and Procurement Article of the Annotated Code of Maryland.

(3) “Priority Funding Area Exception” means an exception provided for State funding under Sections 5-7B-05(a) or 5-7B-06(a) of the State Finance and Procurement Article of the Annotated Code of Maryland.

B. Established.

(1) There is a Governor’s Economic Development and Job Creation Fast Track (Fast Track) to provide more coordinated, efficient, and expedited review of business and economic development projects with significant State, regional or local impact.

(2) Fast Track is a coordinated review process by State agencies including, but not limited to, the Departments of Business and Economic Development, Transportation, the Environment, Planning, Housing and Community Development, and Natural Resources.

C. Oversight. The Lieutenant Governor will Chair Fast Track.

D. Operational Support.

(1) The Governor’s Chief of Staff or the Chief of Staff’s designee shall identify staff to provide operational and other support as needed to implement this Executive Order.

(2) The Governor’s Chief of Staff or the Chief of Staff’s designee shall appoint a project coordinating committee of staff from State agencies or select an existing coordinating committee to assist in the implementation of this Executive Order.

E. The eligibility criteria for Fast Track are as follows:

(1) The project will produce jobs or economic development that significantly impacts the State, region, county, or municipality;

(2) The project requires the issuance of one or more State permits or approvals; and

(3)(a) The project is located in targeted areas typified by commercial main streets, revitalization and redevelopment areas, and commercial job centers within a Priority Funding Area; or

(a) The project is located in targeted areas typified by commercial main streets, revitalization and redevelopment areas, and commercial job centers within a Priority Funding Area; or

(b) The project is not located within a Priority Funding Area, but the project meets the criteria for a Priority Funding Area exception.

F. Application for Expedited Review by Fast Track.

(1) A local government, or project developer may apply to the Fast Track coordinating committee for expedited State review of a project that meets the eligibility criteria by submitting an application form to the committee.

(2) The application form will be located on the Maryland Made Easy website at www.easy.maryland.gov.

(3) In determining whether to recommend an eligible project for review, the Fast Track Coordinating Committee shall consider the following factors:

(a) The significance of the potential economic, job, and business development of the project in relation to the size of the jurisdiction that the project would benefit;

(b) Whether the project is designated as a priority project by a local government;

(d) Whether the project conflicts with an important State policy or goal including whether the project is located in a targeted ecological area or priority agricultural preservation area;

(e) Whether the project furthers an important State policy or goal;

(f) Whether the project is ready to proceed upon issuance of permits and approvals;

(g) Environmental impacts, both positive and negative; and

(h) The capacity of the Fast Track Coordinating Committee to manage projects accepted for review.

(4) After receiving a recommendation on the eligible project from the Fast Track Coordinating Committee, the Chair shall decide whether to accept eligible projects for expedited review.

(5) The Fast Track Coordinating Committee shall notify an applicant if a project is accepted for expedited review.

G. Fast Track Duties and Activities. The Chair of Fast Track shall:

(1) Determine whether to accept eligible projects for expedited review;

(2) Assign a project coordinator to each accepted project;

(3) Oversee the timeliness of the processing of the requests for approvals and permits and act to eliminate, to the extent possible, delay or inefficiencies; and

(4) Report annually to the Governor on the implementation of this Executive Order including:

(a) The number of projects accepted for expedited review;

(b) The timeliness of the processing of approval and permits of accepted projects; and

H. Duties of the Project Coordinator. The Project Coordinator, with the assistance of staff from State agencies, shall:

(1) With a representative of the project, assist in determining the approvals and permits that may be required, the types of information that will be required, and an estimated timeline for applications and processing of accepted projects;

(2) Invite the local jurisdiction or jurisdictions that would be processing approvals and permits at the local level to participate in the review of the project;

(3) Construct a consolidated estimated timeline for discussion with the applicant and the Fast Track coordinating committee; and

(4) Report periodically to the Chair on the progress of application and review of the project.

I. This Executive Order does not:

(1) Supplant or alter any review or permitting process that is required by law;

(2) Lessen any standard or criteria for permitting or approvals; or

(3) Apply to any federal or local permits or approval processes.

Administrative History

Effective Date: June, 30, 2011

COMAR 01.01.2011.09 Maryland Health Quality and Cost Council

(Rescinds Executive Order 01.01.2007.24)

A. There shall be a Maryland Health Quality and Cost Council (Council).

B. The Council shall consist of the following members:

(1) The Secretary of Health and Mental Hygiene (Secretary); and

(2) Fourteen additional members, to be appointed by the Governor, of which at least twelve shall be representative of the following groups:

(a) Health insurance carriers;

(b) Employers;

(d) Health care consumers;

(e) Public health experts on the elimination of racial and ethnic disparities; and

(f) Experts in health care quality and cost containment

C. To the extent practicable, the Council’s composition shall reflect:

(1) The gender, racial, and ethnic diversity of the State; and

(2) The geographic regions of the State.

D. The Governor shall appoint the chair of the Council. If the Secretary is not the chair of the Council, the Governor shall appoint the Secretary as the co-chair or the vice-chair.

E. With the exception of the Secretary (who shall be a permanent member of the Council):

(1) The term of a member of the Council shall be three years;

(2) The terms of members appointed by the Governor are staggered, as provided in subsection L;

(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

F. A Member:

(1) May not serve more than two consecutive full terms; and

(2) Serves at the pleasure of the Governor.

G. The Council shall determine the times, places, and frequency of its meetings but shall meet at least four times each year.

H. A majority of the full authorized membership of the Council is a quorum.

I. The Council may act upon any matter with the authorization of a majority of the quorum present and voting.

J. A member of the Council may not receive compensation, but is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget.

K. The Secretary shall designate the staff necessary to provide support for the Council.

L. The terms of the initial appointed members of the Maryland Health Quality and Cost Council shall expire as follows:

(1) Four members in 2012;

(2) Five members in 2013; and

(3) Five members in 2014.

M. The Council shall:

(1) Coordinate and facilitate collaboration on health care quality improvement and cost containment initiatives among:

(a) Medical groups, hospitals, and other health care providers;

(b) Health insurance carriers and other health care purchasers;

(d) State and local governmental entities;

(e) Health care professional boards;

(f) Health advocacy groups; and

(g) Academic experts in health care.

(2) Develop and implement strategies that will improve the quality and cost-effectiveness of care for individuals with chronic illnesses and at risk of chronic illness, and that are workable and effective for minority communities, recognizing cultural and linguistic differences;

(3) Provide updates on health care quality and cost containment initiatives and priorities to the Governor and General Assembly, the Health Care Reform Coordinating Council, State and local governmental entities, professional boards, industry groups, consumers, and other public and private stakeholders;

(4) Appoint a workgroup to explore and develop health care strategies and initiatives, including financial, performance-based incentives, to reduce and eliminate health disparities, and make recommendations regarding the development and implementation of those strategies. The initiatives should seek to:

(a) Improve quality and reduce costs;

(b) Build on existing efforts to address known disparities; and

(c) Identify best practice disparity programs in Maryland and across the country to determine if and how they should be implemented in Maryland.

(5) Support ongoing efforts to expand the use of health information technology in health care systems;

(6) Seek to leverage opportunities for demonstration and ongoing projects, federal grant funding, and other initiatives to improve quality and contain costs made available by the Affordable Care Act;

(7) Assess options and make recommendations regarding strategies for collecting and disseminating patient-centered outcomes research to develop and promote evidence-based practices among health care providers in the State;

(8) Examine and make recommendations on other issues relating generally to the mission of the Council to improve health care quality and contain health care costs; and

(9) Consider and recommend State public policy strategies for improving health and reducing cost.

N. The Council shall avoid duplication of existing health care quality improvement and cost containment efforts in the State.

O. The Council may:

(1) Adopt bylaws, rules, policies, or procedures to conduct business and carry out the purposes of the Council;

(2) Establish workgroups, committees, or task forces;

(3) Designate additional individuals with relevant expertise to serve on the workgroups, committees, or task forces; and

(4) Consult with other units of State and local government to carry out the duties of the Council.

P. On or before January 1 of each year, the Council shall submit a report to the Governor and the General Assembly, in accordance with Section 2-1246 of the State Government Article, Annotated Code of Maryland, describing:

(1) The activities of the Council during the year, including performance data where applicable; and

(2) Findings and recommendations for improving health care quality, increasing health equity, and reducing health care costs in the State.

Administrative History

Effective Date: May 26, 2011

COMAR 01.01.2011.06 Governor’s Commission on Maryland Military Monuments

(Amends Executive Order 01.01.2008.17)

A. There is a Governor’s Commission on Maryland Military Monuments.

B. Membership and Procedures.

(1) The Governor’s Commission consists of up to 21 members appointed by the Governor.

(2) The Chairperson shall be the Maryland Secretary of Veterans Affairs.

(3) The Secretary of Veterans Affairs may appoint subcommittees to carry out the work of the commission.

(4) The Governor may remove any member of the Commission for any cause adversely affecting the member’s ability or willingness to perform his or her duties.

(5) The Secretary of Veterans Affairs may remove any member of a subcommittee for any cause adversely affecting the member’s ability or willingness to perform his or her duties.

(6) In the event of a vacancy on the Commission, the Governor shall appoint a successor for the remainder of the life of the Commission.

(7) In the event of a vacancy on a subcommittee, the Secretary of Veterans Affairs shall appoint a successor for the remainder of the life of the subcommittee.

(8) A majority of the Commission shall constitute a quorum for the transaction of any Commission business. In any subcommittee, a majority shall constitute a quorum for the transaction of any subcommittee business. The Commission and the subcommittees may adopt such other procedures necessary to ensure the orderly transaction of business.

(9) The members of the Commission and the subcommittees may not receive compensation for their services.

C. Scope.

(1) The Commission shall undertake an inventory of Maryland military monuments, which shall include the following information:

(a) Name, date of construction, location and means of access, and the original sponsorship of each monument;

(b) Current ownership of each monument and of monument land;

(c) Complete description of each monument including construction materials, condition, theme, and inscriptions, if any; and

(d) Responsibility for maintenance of monument.

(2) The Commission shall make a determination as to the cost of restoration of each monument which is in need of repairs.

(3) The Commission shall assign responsibility for ongoing maintenance of each monument.

(4) The Commission shall procure sufficient funds for the restoration of the monuments.

(5) The Commission shall prepare education and tourism materials for public distribution.

D. Fundraising. Contributions received by the Commission shall be deposited with the Maryland Military Monument Commission Fund of the [Baltimore Community Foundation, Inc.] MARYLAND VETERANS TRUST FUND within the Department of Veterans Affairs, and disbursed at the direction of the Commission.

Administrative History

Effective Date: April 26, 2011

Cross References

01.01.2016.07

COMAR 01.01.2011.01 State Coordination of State Small Business Credit Initiative

A. The State’s Department of Business and Economic Development is designated as the entity responsible for the administration of the State Small Business Credit Initiative (SSBCI) in the State.

B. The Secretary of Business and Economic Development is designated as the official responsible for signing the application and any agreements required to be signed by the State in connection with the application, approval and administration of the SSBCI, including any requests to modify the application and agreements after execution.

Administrative History

Effective Date: March 7, 2011

01.01.2010 Executive Orders 2010

COMAR 01.01.2010.10 State Coordinating Committee for Human Services Transportation

A. Established. There is a State Coordinating Committee for Human Services Transportation (Committee).

B. Definitions. As used in this Executive Order, the following terms have the following meanings:

(1) The term “agency” means an executive department, agency or office of the State of Maryland.

(2) The term “transportation-disadvantaged” means a person who qualifies for federally conducted or federally assisted transportation-related programs or services, as implemented and coordinated by a Maryland State agency, due to disability, income, or advanced age. This term is directly connected with the definition provided in the Presidential Executive Order on Human Services Transportation Coordination dated February 24, 2004 and mirrors any subsequent federal interpretation of the definition.

C. Membership and Procedures.

(1) The Committee shall consist of the following members:

(a) The Secretary of Transportation, or a designee, who shall Chair the Committee;

(b) The Secretary of Human Resources, or a designee;

(d) The Secretary of Aging, or a designee;

(e) The Secretary of the Department of Disabilities, or a designee;

(f) The Secretary of Housing and Community Development, or a designee;

(g) The Secretary of Planning, or a designee;

(h) The State Superintendent of Schools, or a designee;

(i) The Secretary of Veterans Affairs, or a designee;

(j) The Director of the Governor's Office for the Deaf and Hard of Hearing, or a designee;

(k) The Secretary of Labor, Licensing and Regulation, or a designee;

(l) The Executive Director of the Maryland Developmental Disabilities Council, or a designee; and

(m) Additional members recommended to the Governor by the Chairperson of the Committee as needed to provide input from local governments, employers, agencies and organizations serving targeted populations, transportation providers, and consumers from targeted populations.

(2) The members of the Committee named in (C )(1)(a) through (l) shall serve so long as they hold the office or designation specified in this Executive Order. All other members shall serve at the pleasure of the Governor.

(3) The members of the Committee may not receive any compensation for their services. The members may be reimbursed for reasonable expenses incurred in the performance of duties, in accordance with the Standard State Travel Regulations and as provided in the State budget.

(4) Staff for the Committee will be provided by the Department of Transportation.

D. Scope of the Committee. The Committee shall:

(1) Examine the transportation needs of citizens who are elderly, who have disabilities, and individuals requiring transportation to access jobs, medical and health appointments, senior citizens programs and other programs requiring the transportation of individuals who qualify as transportation-disadvantaged;

(2) Coordinate Maryland's efforts to provide quality human services transportation services by working with appropriate federal, State and local agencies, transit customers and transportation providers to develop a cooperative, coordinated, and human services transportation system;

(3) Devise a five-year human services transportation plan, which sets goals and objectives to help transportation-disadvantaged citizens access jobs, education and training programs, healthcare services and other activities by providing cost-effective, affordable, high capacity, high quality, easily understood, safe and accessible transportation; and

(4) Serve as the clearinghouse for human services transportation coordination issues throughout the State of Maryland, identify and facilitate a resolution to local and statewide issues regarding human services transportation, participate in the identification of possible allocations of human services transportation resources during emergency evacuations, evaluate cost-saving measures, investigate the need for the establishment of standards for vehicles and drivers within the human services transportation program, and examine other appropriate areas that facilitate the development of a quality human services transportation system in Maryland.

E. Reports to the Governor. The Committee shall provide an annual report to the Governor by September 1st of each year outlining its progress.

Administrative History

Effective date: April 26, 2010

COMAR 01.01.2010.09 The Maryland State Council on Educational Opportunity for Military Children

A. Established. There is the Maryland State Council on Educational Opportunity for Military Children (the Council), as required by Chapters 501 and 502 of the Acts of the General Assembly of 2009 - Interstate Compact on Educational Opportunity for Military Children. The Council enables Maryland State agencies to collaborate and coordinate with other member states of the Interstate Compact on Educational Opportunity for Military Children (the Compact), the Interstate Commission on Educational Opportunity for Military Children (the Interstate Commission), local education agencies, and military installations to ensure a smooth transition of children of military families both in and out of Maryland schools.

B. Membership. The Council includes the following members:

(1) The State Superintendent of Schools;

(2) A Superintendent of a school district with a high concentration of military children;

(3) A representative of a military installation;

(4) A representative of the Executive Branch;

(5) A representative of a military family;

(6) A representative of school based personnel responsible for managing the transition of military children into and out of the school system;

(7) One member of the Maryland Senate, appointed by the President of the Senate;

(8) One member of the Maryland House of Delegates, appointed by the Speaker of the House of Delegates; and

(9) Representatives of other offices and stakeholder groups the Council deems appropriate.

(10) The Compact Commissioner responsible for the administration and management of the State's participation in the Compact, and the Military Family Education Liaison are ex officio, voting members of the Council and serve at the pleasure of their appointing authority.

C. Appointment and Terms. The members identified in B(2) through B(6) of this Executive Order shall be appointed by the Governor, with the advice of a representative of the Governor's Subcabinet on Base Realignment and Closure (BRAC) and the State Superintendent of Schools. Such members shall serve at the pleasure of the Governor for two-year terms. The members identified in B(7) through B(10) of this Executive Order shall serve at the pleasure of their appointing authorities.

D. Meetings. The Council shall meet at the call of the Chair.

E. Procedures. The Chair shall establish the format and procedures for the meetings of the Council.

F. Members of the Council may not receive any compensation for their services but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

G. Consultation. Members of the Council shall consult and coordinate with the Interstate Commission, the Council of State Governments' National Center for Interstate Compacts, the Maryland State Department of Education, other State agencies, the local schools systems, military installations, and other organizations as needed concerning the State's participation in and compliance with the Compact and Interstate Commission activities.

H. Chair. The Chair shall be determined by the Council.

I. Staff Coordination. The Council shall be staffed by the Maryland State Department of Education.

J. Working Groups. Working groups shall be established based on the needs of the Council.

K. Frequency of Meetings. The Council shall meet at least twice a year.

L. Responsibilities. The Council shall promote and support Maryland's participation as a member of the Compact. The Compact enables Maryland to collaborate with other member states, providing much needed consistency to ensure that there are no barriers to educational success imposed on children of military families because of frequent moves and the deployment of their parents. Consistent with the Compact, the Maryland Council will develop a set of recommendations and a plan to address, among other issues, the:

(1) Transfer of records;

(2) Course sequencing;

(3) Graduation requirements;

(4) Extra-curricular activities;

(5) Kindergarten and first grade entrance age;

(6) Immunization; and

(7) Power of custodial parents while parents are deployed.

(8) The recommendations and plan shall be submitted to the Governor by January 12, 2011 and biannually thereafter. Any interim updates to the recommendations and plan also shall be submitted to the Governor.

Administrative History

Effective date: April 26, 2010

01.01.2009 Executive Orders 2009

COMAR 01.01.2009.13 Governor's Commission on Suicide Prevention

A. There is a Maryland Commission on Suicide Prevention.

B.(1) Membership. The Commission consists of the following voting members:

(1) Membership. The Commission consists of the following voting members:

(a) One member of the Maryland Senate, appointed by the President of the Senate;

(b) One member of the Maryland House of Delegates, appointed by the Speaker of the House of Delegates;

(d) The Deputy Secretary of Behavioral Health, Department of Health and Mental Hygiene, or the Deputy Secretary's designee;

(e) The Deputy Secretary of Public Health Services, Department of Health and Mental Hygiene, or the Deputy Secretary's designee;

(f) The Secretary of the State Department of Education, or the Secretary's designee;

(g) The Secretary of the Department of Juvenile Services, or the Secretary's designee;

(h) The Secretary of the Department of Public Safety and Corrections, or the Secretary's designee;

(i) The Secretary of the Department of Aging, or the Secretary's designee;

(j) The Secretary of the Department of Veterans Affairs, or the Secretary's designee;

(k) The Executive Director of the Governor's Office for Children, or the Executive Director's designee;

(l) The Secretary of the Department of Disabilities, or the Secretary's designee;

(m) One representative of the Mental Health Association of Maryland;

(n) One representative of the National Organization for People of Color Against Suicide;

(o) One representative of the Maryland Addictions Directors Council;

(p) One representative of the faith community;

(q) One representative of the academic community;

(r) One representative of a suicide prevention group;

(s) One veteran;

(t) One family member of an individual who completed suicide; and

(u) One local health officer.

(2) The members identified in Sections B(c) through (u) shall be appointed by the Governor, and shall serve at the pleasure of the Governor.

(3) Members appointed by the Governor may serve up to two consecutive, three-year terms.

(4) The Governor shall designate the Chair from among the members.

(5) In the event of a vacancy on the Commission, the Governor shall appoint a successor to fill the remainder of the term.

C. Procedures.

(2) The Commission will be staffed by the Mental Hygiene Administration of the Department of Health and Mental Hygiene.

(3) The majority of voting members of the Commission shall constitute a quorum for the transaction of any business.

(4) The Commission may adopt such other procedures as may be necessary to ensure the orderly transaction of business, including the creation of committees or task forces.

(5) The Chair may, with the consent of the Commission, designate additional individuals, including interested citizens, elected officials, educators, or specialists with relevant expertise, to serve on any committee or task force.

(6) The Commission may consult with State agencies to obtain such technical assistance and advice as it deems necessary to complete its duties. All Executive Department agencies shall cooperate with and assist the Commission in carrying out its responsibilities.

(7) The Commission shall meet at least four times a year.

D. Purpose. The Commission shall have the following objectives:

(1) To develop a comprehensive, coordinated, and strategic plan for suicide prevention, intervention, and post-suicide services across the State for individuals and their families;

(2) To develop a comprehensive baseline listing of existing support systems for survivors, attempters, and their families;

(3) To promote a coordinated, collaborative, and comprehensive effort by local and State agencies to ensure effective and efficient use of State and local resources for the delivery of a continuum of suicide prevention, intervention, and post-suicide services for Maryland citizens;

(4) To recommend adequate resources to address suicide prevention, intervention, and post-suicide service needs of Maryland citizens, including citizens involved in the criminal justice system; and

(5) To identify and review the impact of suicide on the health and well-being of Maryland citizens; the economic and social costs of suicide; and effective and efficient practices in the organization and delivery of State and local suicide prevention, evaluation, and treatment services.

E. State Plan.

(1) The Commission shall prepare a 2-year plan that establishes priorities and strategies for the organization, delivery, and funding of State suicide prevention, intervention and post-suicide services.

(2) The Commission shall develop the plan taking into account, among other factors:

(a) The identified needs of the citizens of the State, including the general public and the criminal justice population; and

(b) The strategies and priorities identified in the plans established by local jurisdictions.

(3) The plan shall include recommendations for coordination and collaboration among State agencies in the organization, delivery, and funding of suicide prevention, intervention, and post-suicide services; promising practices and programs; training; and emerging needs for State suicide prevention, intervention, and post-suicide services.

(4) The plan shall be submitted to the Governor by June 1, 2011 and biannually thereafter. Any interim updates to the plan also shall be submitted to the Governor.

Administrative History

Effective date: October 7, 2009

COMAR 01.01.2009.12 Locating State Facilities To Stimulate Transit- Oriented Development

A. It is a policy of the State of Maryland to locate State office or laboratory space within a half-mile radius of transit stations at a transit-oriented development whenever appropriate and feasible without diminishing the accessibility of services to the citizens of the State.

B. Definitions.

(1) “Fixed guideway transit station” means a passenger boarding and alighting location of a public transportation facility using and occupying a dedicated right-of-way or rail for the use of public transportation and other high occupancy vehicles.

(2) “Transit-accessible site” means property, any part of which is located within one-half mile of a planned or existing fixed guideway transit station.

(3) “Transit-oriented development” has the meaning defined under Section 7-101 of the Transportation Article of the Annotated Code of Maryland.

(4) “Transit evaluation factor” means the evaluation points or weight given in a State lease or property acquisition solicitation to proposed sites located within a transit-accessible site or transit-oriented development.

C. Maryland Office and Laboratory Space Lease and Property Acquisition Proposals.

(1) This paragraph C applies to all new lease procurements and property acquisition proposals for more than 5,000 square feet of office space, laboratory space, or a combination of both, that are submitted to the Board of Public Works (BPW) by the Department of General Services (DGS) or the Maryland Department of Transportation (MDOT), its modal administrations and the Maryland Transportation Authority. It does not apply to proposals to renew or extend existing leases of space.

(2) Except as provided herein, DGS and MDOT shall include a transit evaluation factor in all requests for proposals to lease or purchase office or laboratory space (solicitations) in the manner described below.

(a) When DGS or MDOT uses a point system to evaluate proposals, it shall award at least five percent of the total allocable points to proposals for office or laboratory space located in transit-accessible sites and at least an additional seven percent of the total allocable points to proposals for office or laboratory space located within a transit-oriented development.

(b) When DGS or MDOT does not use a point system to evaluate lease or property acquisition proposals for State office or laboratory space, then the transit evaluation factor shall be included in the solicitation as one of the most heavily weighted evaluation factors within the selection criteria as determined by the agency.

(c) DGS or MDOT may omit the transit evaluation factor from a request for proposal if it determines in its discretion that location of the particular office or laboratory space within a transit-accessible site or transit-oriented development would:

(i) Not be feasible or not be appropriate for the intended use;

(ii) Hamper efficient or effective operations or delivery of State services;

(iii) Result in the State not being able to provide citizens with reasonable, convenient, and efficient access to State services in places where there are no fixed guideway transit stations;

(iv) Be unsafe or otherwise inconsistent with the character of a transit-accessible site or transit-oriented development;

(v) Be contrary to the tenant agency's mission or its clientele's interests;

(vi) Contravene State or federal law, regulation, rule, or policy; or

(vii) Otherwise not be in the public interest.

(d) For all proposals that recommend approval of a site that is not located at a transit-accessible site or a transit-oriented development, including those where a transit evaluation factor was not included in the solicitation, DGS and MDOT must provide a written explanation for not selecting such a site in their submission to the BPW.

Administrative History

Effective date: September 16, 2009

COMAR 01.01.2009.09 The Joint Enforcement Task Force on Workplace Fraud

A. There is a Joint Enforcement Task Force on Workplace Fraud (Task Force).

B. For purposes of this Executive Order, “workplace fraud” means an employer's failure to properly classify an individual as an employee in violation of applicable law.

C. The Task Force shall consist of:

(1) The Secretary of Labor, Licensing and Regulation or the Secretary's designee;

(2) The Attorney General or the Attorney General's designee;

(3) The Comptroller or the Comptroller's designee;

(4) The Chair of the Workers' Compensation Commission or the Chair's designee;

(5) The Insurance Commissioner or the Commissioner's designee;

(6) The Commissioner of Labor and Industry or the Commissioner's designee; and

(7) The Assistant Secretary for the Division of Unemployment Insurance or the Assistant Secretary's designee.

D. The Secretary of Labor, Licensing and Regulation or the Secretary's designee shall serve as the Chair of the Task Force.

E. Members of the Task Force may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

F. The Department of Labor, Licensing and Regulation shall provide publication, operational, and other support as needed to the Task Force.

G. The Task Force may identify and add members from governmental units whose participation would further its mission.

H. The Task Force shall coordinate the investigation and enforcement of workplace fraud. In fulfilling this mission, the Task Force shall have the following powers and duties:

(1) To facilitate among Task Force members the timely sharing of information related to suspected workplace fraud to the maximum extent permitted by law;

(2) To pool, focus, and target investigative and enforcement resources;

(4) To develop strategies for systematic investigations of workplace fraud within those industries in which misclassification is most common;

(5) To identify and facilitate the filing of complaints against potential violators, including soliciting referrals and other relevant information from the public through the development of an education and outreach campaign;

(6) To identify significant cases of workplace fraud which should be investigated and addressed collaboratively, and to form joint enforcement teams to utilize the collective investigative and enforcement capabilities of the Task Force members;

(7) To establish protocols, consistent with applicable law, through which individual Task Force agencies investigating workplace fraud matters under their own statutory or administrative schemes will refer appropriate matters to other agencies for assessment of potential liability under all relevant statutory or administrative schemes;

(8) To establish referral procedures and solicit the cooperation and participation of local state's attorneys and other relevant agencies, where appropriate;

(9) To coordinate efforts with federal agencies;

(10) To work cooperatively with business, labor, and community groups interested in reducing workplace fraud by:

(a) Developing ways to prevent workplace fraud through effective outreach, including notices and educational materials; and

(b) Enhancing mechanisms to identify and report workplace fraud;

(11) To increase public awareness that employee misclassification is illegal and causes harm;

(l2) To work cooperatively with federal, State. and local social service agencies to provide assistance to individuals who have been harmed by workplace fraud; and

(13) To consult with representatives of business, organized labor, and other agencies to improve and expand the operation and effectiveness of the Task Force and its members.

I. The Task Force shall issue a report to the Governor by December 31 of each year which shall:

(2) Identify any administrative or legal barriers impeding the more effective operation of the Task Force, including any barriers to information sharing or joint action;

(a) Reduce or eliminate any barriers to the Task Force's operations;

(b) Enhance the investigation, enforcement, and prevention of workplace fraud; and

(4) Identify successful strategies for preventing workplace fraud that reduce the need for greater enforcement.

J. Every agency, department, office, division, or public authority of the State shall cooperate with the Task Force and, to the fullest extent permitted by law, shall furnish such information and assistance as the Task Force determines is reasonably necessary to accomplish its purpose.

Administrative History

Effective date: July 14, 2009

COMAR 01.01.2009.08 “Be a Driving Force for Safety” Program for State Employees

A. There is a “Be a Driving Force for Safety” Program for State employees.

B. Procedures.

(1) Each Secretary or Head of an Executive Branch agency shall identify and task an appropriate individual to implement the Program within the agency.

(2) Each Executive Branch agency shall:

(a) Encourage all State employees who drive fleet vehicles to take the “Driving Improvement Program,” an e-learning application on safe driving skills;

(b) Encourage all employees to comply with current seatbelt use laws;

(c) Participate in National Drive Safely Work Week activities each October and other educational opportunities throughout the year; and

(d) Support the Program with internal e-mails, poster placement, and other appropriate communication methods.

(3) The Department of Budget and Management shall, subject to applicable legal requirements, issue a hands-free cell use policy for drivers of State vehicles. The policy shall prohibit hand-held cell phone use while driving, except in cases of emergency. The policy shall not apply to law enforcement officers or operators of authorized emergency vehicles.

C. Agency Coordination.

(1) The State Fleet Safety Committee, in conjunction with the State Highway Administration, shall provide guidance to Executive Branch agencies on implementation of the Program.

(2) The State Highway Administration shall identify and provide appropriate relevant information and materials to the Committee for review and distribution to Executive Branch agencies in support of the Program.

(3) Each Executive Branch agency shall designate appropriate personnel: to coordinate with the State Fleet Safety Committee and the State Highway Administration regarding the implementation of the Program; and to support the distribution and communication of the information and materials described in Section C(2).

Administrative History

Effective date: May 21, 2009

01.01.2008 Executive Orders 2008

COMAR 01.01.2008.18 The Maryland Council for New Americans (Rescinds Executive Order 01.01.1996.18)

A. There is a Maryland Council for New Americans (the “Council”). The Council shall be a partnership among the public, private, and civic sectors to promote full immigrant integration into the economic and civic life of Maryland.

B. Duties. The Council shall:

(1) Review and recommend new policies and practices to expedite immigrant integration into the economic and civic life of the State;

(2) Provide a Maryland Council for New Americans report and recommendations no later than nine months after the date of this Executive Order; and

(3) Perform any other duties that may be requested by the Governor.

C. Membership.

(1) The following members or their designees, shall be ex-officio members:

(a) The Secretary of the Department of Labor, Licensing and Regulation;

(b) The Secretary of the Department of Business and Economic Development;

(d) The Secretary of the Department of Human Resources;

(e) The Secretary of the Department of Housing and Community Development;

(f) The Executive Director of the Governor's Workforce Investment Board;

(g) The Executive Director of the Governor's Office of Community Initiatives;

(h) The Special Secretary of the Governor's Office of Minority Affairs;

(i) The Chair of the Maryland Commission on African American History and Culture; and

(j) The Chair of each of the commissions on ethnic affairs that the Governor has established, or establishes in the future, including but not limited to the Governor's Commission on Hispanic Affairs, the Governor's Commission on Asian Pacific American Affairs, the Governor's Commission on Indian Affairs, and the Governor's Commission on Middle Eastern American Affairs.

(2) The following members shall be appointed by the Governor, and shall serve at the pleasure of the Governor for up to two consecutive four year terms:

(a) One Maryland County Executive;

(b) One additional representative from county government;

(d) Three representatives from nonprofit social service organizations that reflect the ethnic diversity of the State;

(e) Three representatives from private sector employers;

(f) Ten representatives from faith-based organizations and the clergy;

(g) One representative from higher education;

(h) One representative with expertise in adult education and language acquisition;

(k) One representative from the banking and financial services sector;

(l) One representative from the healthcare sector;

(m) One representative from organized labor;

(n) One representative from the small business sector;

(o) One representative from a national organization with expertise in demographic trends and public policy; and

(p) One representative from the philanthropic sector.

(3) The Speaker of the Maryland House of Delegates shall appoint two members from among the members of the House.

(4) The President of the Maryland Senate shall appoint two members from among the members of the Senate.

(5) Members of the Council may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

(6) In the event of a vacancy on the Commission, the Governor shall appoint a successor.

(7) State government representatives shall not constitute a majority of members.

D. Procedures.

(1) The Secretary of the Department of Labor, Licensing and Regulation and the County Executive member shall co-chair the Council.

(2) There shall be an Executive Committee of the Council, which shall consist of the Secretary of the Department of Business and Economic Development or the Secretary's designee; the Secretary of the Department of Planning or the Secretary's designee; the Executive Director of the Governor's Office of Community Initiatives or the Director's designee; and the Executive Director of the Governor's Workforce Investment Board or the Director's designee.

(3) The Council shall meet at the call of the Chairs.

(4) A majority of Council members shall constitute a quorum for the transaction of any business.

(5) The Council may adopt such other procedures and by-laws as may be necessary to ensure the orderly transaction of business.

E. Working Groups. In addition to any other groups the Council deems necessary to establish to accomplish its work, it shall establish the following working groups, which may include participants who are not Council members, to make recommendations to the Council to address specific challenges facing immigrants.

(1) Workforce Working Group. The Workforce Working Group will focus on helping to address the State's workforce shortage by examining credential transfer, training, and the attraction of key workers to create the region's most competitive workforce; examining the role of “One Stop” employment centers in streamlining the economic integration of new Americans; and identifying best practices that expedite English as a second language, both for children in the public school system and for working adults.

(2) Citizenship Working Group. The Citizenship Working Group will plan a broad, coordinated citizenship promotion and assistance program to naturalize Maryland's estimated 175,000 legal permanent residents who are eligible for naturalization at a faster pace.

(3) Governmental Access Working Group. The Governmental Access Working Group will focus on how to improve accessibility of State and local government services to new Americans. This will include an assessment of resources necessary for compliance with Limited English Proficiency (LEP) requirements; an assessment of the availability of vital documents in other languages; and identifying best practices at the county, community, and municipal levels. This group is also charged with developing specific government wide StateStat measures to track capacity to serve these communities.

(4) Financial Services Working Group. The Financial Services Working Group will examine strategies for increasing immigrants' access to mainstream financial services, stable homeownership, and family financial planning.

F. Operational Support. The Governor's Office of Community Initiatives and the Department of Labor, Licensing and Regulation shall provide publication, operational, and other support as needed to the Council.

G. The Maryland Office for New Americans within the Department of Human Resources is hereby renamed the Maryland Office for Refugees and Asylees. Its purpose is to administer Maryland's federally-funded refugee programs.

Administrative History

Effective date: December 3, 2008 (35:26 Md. R. 2219)

COMAR 01.01.2008.16 Governor's Family Violence Council (Rescinds Executive Order 01.01.2006.01)

A. Established. There is a Governor's Family Violence Council within the Governor's Office of Crime Control and Prevention. The Governor's Family Violence Council's mission is to provide the Governor with timely and accurate information on family violence with recommendations to reduce and eliminate abusive behaviors.

B. Membership.

(1) The Council shall have no more than 25 members consisting of:

(a) The Lieutenant Governor or a designee;

(b) The Secretary of Health and Mental Hygiene or a designee;

(d) The Secretary of Public Safety and Correctional Services or a designee;

(e) The Secretary of Juvenile Services or a designee;

(f) The State Superintendent of Schools or a designee;

(g) The Secretary of State Police or a designee;

(h) The Executive Director of the Governor's Office of Crime Control and Prevention or a designee;

(i) The Executive Director of the Governor's Office for Children or a designee;

(j) The Attorney General or a designee;

(k) A representative of the Maryland Judiciary, designated by the Chief Judge of the Court of Appeals;

(l) Two members of the Maryland Senate, one appointed by the President of the Senate and one appointed by the Minority Leader of the Senate;

(m) Two members of the Maryland House of Delegates, one appointed by the Speaker of the House and one appointed by the Minority Leader of the House of Delegates;

(n) A representative of the Maryland State's Attorneys' Association; and

(o) Up to nine members with interest and expertise in issues related to domestic violence appointed by the Governor. These members may include representatives of service providers, the legal, advocacy, and faith communities, and victims and survivors of domestic or family violence.

(p) The Governor shall appoint the Chair and any Vice Chairs of the Council from among its members.

(3) To the extent possible, the membership shall include representation from each of the major geographic regions of the State.

C. Procedures.

(1) The Council shall meet at least two times per year.

(2) A majority of the Council's membership shall constitute a quorum for the transaction of any business.

(3) The Council may adopt rules consistent with this Executive Order, including the creation of subcommittees to carry out the Council's responsibilities.

(4) The Council may hold public hearings as deemed necessary and appropriate by the Chair.

D. Duties and Responsibilities. The Council shall:

(1) Advise the Governor through the Executive Director of the Governor's Office of Crime Control and Prevention on matters related to family violence.

(2) Identify and analyze State policies and programs relating to family violence, including but not limited to:

(a) Collecting data from State agencies relating to the prevention and reduction of domestic violence and related family violence;

(b) Identifying resources available to reduce and prevent family violence through a statewide coordinated effort; and

(4) Identify best practices, research, and information pertaining to abuser intervention and related programs.

(6) Perform such other duties and functions as may be appropriate and necessary for the Council to address and implement the provisions of this Executive Order.

E. Staffing.

(1) The Governor's Office of Crime Control and Prevention shall provide staff for the Council.

(3) The Council shall be funded by operating budgets of the Executive Department, and any federal funds or special State funds available, unless otherwise prohibited by law or regulation.

Administrative History

Effective date: October 23, 2008 (35:24 Md. R. 2060)

Cross References

01.01.2012.05

COMAR 01.01.2008.10 Maryland Partnership for Children in Nature (Amends Executive Order 01.01.2008.06)

A. Established. There is a Maryland Partnership for Children in Nature (The Partnership) to promote outdoor experiential activities and environmental education for Maryland's young people and to build a coalition of ongoing support for these endeavors.

B. Membership. The Partnership shall include the following members:

(1) The Secretary of Natural Resources, or the Secretary's designee;

(2) The Superintendent of the State Department of Education, or the Superintendent's designee;

(3) One representative of the Chesapeake Bay Trust;

(4) Two representatives of non-profit organizations dedicated to environmental education;

(5) One representative of the Maryland Association for Environmental and Outdoor Education;

(6) One representative of a Parent Teacher Organization

(7) Two representatives of local governments that have demonstrated leadership in sustainable development practices;

(8) One representative (teacher or principal) from a Maryland Green School that has completed a Schoolyard Habitat project;

(9) One outdoor school principal;

(10) One school superintendent;

(11) One environmental education teacher;

(12) Two representatives of urban youth-based organizations;

(13) One representative of the Maryland Recreation and Parks Association;

(14) One representative of the pediatric medical field;

(15) A former member of the Task Force on Minority Participation in the Environmental Community;

(16) Two representatives of the business community with demonstrated leadership in supporting children in nature; and

(17) One representative of the National Wildlife Federation.

C. Appointment and Terms. The members identified in B(3) through B(17) of this Executive Order shall be appointed by the Governor, with the advice of the Secretary of Natural Resources and the Superintendent of Education. Such members shall serve at the pleasure of the Governor for 2-year terms.

D. Meetings. The Partnership shall meet at the call of the Chairs.

E. Procedures. A majority of the Partnership constitutes a quorum for the transaction of any business. The Partnership may adopt any other procedures and by-laws necessary to ensure the orderly transaction of business.

F. Expenses. Members of the Partnership shall serve without compensation for their services, but they may receive reimbursement for reasonable expenses incurred in the performance of their duties in accordance with the Standard State Travel Regulations and as provided in the State budget.

G. Consultation. The Partnership shall consult with and engage leadership and staff from all other Maryland Executive Departments and independent agencies, federal and local government representatives.

H. Chair. The Partnership shall be co-chaired by the Secretary of Natural Resources, or the Secretary's designee, and the Superintendent of Education, or the Superintendent's designee.

I. Staff Coordination. The Department of Natural Resources shall provide staff support for the Partnership in coordination with the State Department of Education and other State agencies and other partners as directed by the Chairs.

J. Working Groups. The Partnership shall be supported by working groups, to be established by the Chairs, to lead the major tasks identified under this Executive Order.

K. Responsibilities. The Partnership shall promote the well-being of youth by providing opportunities for increased time spent outdoors and environmental literacy through outdoor experiential activities and formal and non-formal environmental education. The Partnership shall:

(1) Develop and implement a plan to provide youth with structured and unstructured opportunities for play, outdoor recreation, learning and scientific study to include:

(a) Strategies that provide increased support for Schoolyard Habitat Programs, which support the conversion of schoolyards to natural habitats for play and outdoor classrooms;

(b) Creation of trails to connect communities, parks and schools via trail systems that encourage walking, biking and increased time outdoors by youth and families;

(c) Greening initiatives that create nature play areas within communities to provide outdoor experiences for children close to home;

(d) A statewide Civic Justice Corps to provide at-risk youth with opportunities to serve in conservation crews in State Parks and other public lands in partnership with the Maryland Department of Juvenile Services and community non-profit organizations;

(e) An outdoor classroom program that provides voluntary curriculum-aligned programming and service learning opportunities on public lands in cooperation with local county school systems, local parks and non-profit organizations;

(f) Increased access to naturalists on State Parks and public lands to provide interpretive activities for children and families to enhance their discovery and enjoyment of Maryland's natural resources; and

(g) Increased opportunities for under-served communities to access Maryland State Parks and public lands through partnerships with organizations that serve minority students;

(2) Develop and implement a State Environmental Literacy Plan to include:

(a) A review of current environmental education efforts in Maryland schools, including the environmental education bylaw, the Chesapeake 2000 commitments, and student environmental literacy levels;

(b) Identification of curriculum necessary to develop environmentally literate students;

(c) Identification of model outdoor field and service learning experiences that can be integrated into the regular school curriculum;

(d) Professional development opportunities for in-service teachers, pre-service teachers, and non-formal environmental educators;

(e) Methods to annually measure and report at the State and local level, progress of public school students toward becoming environmentally literate graduates; and

(f) A process for revising or updating the environmental literacy plan every five years, or as needed;

(3) Devise a method of measuring baseline data and increased time spent in nature by children;

(4) Identify opportunities and barriers to support implementation of programs in local school systems and on public lands; and

(5) Present these plans and a status report on their implementation to the Governor by January 1, 2009.

Administrative History

Effective date: August 18, 2008 (35:19 Md. R. 1688)

COMAR 01.01.2008.03 [Rescinded]State Employee Risk Management Administration (Rescinds Executive Order 01.01.2003.51)

Cross References

01.01.2025.26

COMAR 01.01.2008.02 Designation of Agency Representatives for Mid-Contract Negotiations

A. State law establishes a collective bargaining process which results in a written memorandum of understanding. During the time periods between ratified memoranda of understanding, the State maintains the obligation to negotiate changes that will substantially affect the working conditions of bargaining unit employees. Those issues are resolved through mid-contract negotiations pursuant to provisions in the negotiated memoranda of understanding.

B. Each Secretary or other agency head in the Executive Branch of State Government subject to collective bargaining pursuant to the Annotated Code of Maryland, State Personnel and Pensions Article, Section 3-102, or their respective designees, are hereby authorized in accordance with the Annotated Code of Maryland, State Personnel and Pensions Article, Section 3-501, to participate as parties during mid- contract negotiations regarding agency specific issues with the certified exclusive employee representatives.

C. Issues that may impact more than one agency and are not specific to an individual department or agency must be submitted to the Executive Director of the Office of Personnel Services and Benefits, Department of Budget and Management (Executive Director) for resolution with the certified exclusive employee representatives.

D. Any agreement arising from mid-contract negotiations that may result in a cost to the State or require the appropriation of funds is subject to the approval of the Secretary of Budget and Management.

E. Within 30 days of the effective date of this Order, the Secretaries of the principal departments and the heads of independent agencies in the Executive Branch of State Government shall forward the contact information for their designee, or, if they choose not to delegate this function, their own contact information, to the Executive Director. Within ten days of receiving that information, the Executive Director shall send the designee contact information to the head of any certified exclusive employee organization representing employees of that department or agency.

F. Designees shall serve as the representative of a principal department or agency for mid-contract negotiations at the pleasure of the Secretary or agency head. Should the Secretary or agency head revoke the designation, or if the designee leaves employment with the agency or department, the Secretary or agency head shall serve as the Department or agency representative until a new designee is identified to the Executive Director.

G. This Executive Order is not intended to and will not alter in any way the rights and obligations of the State collective bargaining process as established in State Personnel and Pensions Article, Section 3-501 and Section 3-502.

Administrative History

Effective date: January 14, 2008 (35:3 Md. R. 251)

01.01.2007 Executive Orders 2007

COMAR 01.01.2007.26 Information Technology

A. Chief information officers of all principal departments, agencies, and units shall cooperate with the Chief of Information Technology to look for opportunities to streamline information technology projects across State government, achieve cost-savings through economies of scale, consolidate enterprise-wide services where appropriate, and coordinate on security and disaster recovery planning.

B. The Chief of Information Technology shall participate directly in meetings of the Governor's cabinet and all subcabinet meetings involving technology matters.

C. The Chief of Information Technology shall participate directly in the StateStat process.

Administrative History

Effective date: November 30, 2007 (34:26 Md. R. 2249)

COMAR 01.01.2007.16 Code of Fair Employment Practices (Rescinds Executive Order 01.01.2007.09)

Article I Equal Employment Opportunity Program in State Government

A. All personnel actions concerning any employee or applicant for employment in the Executive Branch will be taken on the basis of merit and fitness, and without regard to:

(1) Age;

(2) Ancestry;

(3) Color;

(4) Creed;

(5) Gender identity and expression;

(6) Genetic information;

(7) Marital status;

(8) Mental or physical disability;

(9) National origin;

(10) Race;

(11) Religious affiliation, belief or opinion;

(12) Sex; or

(13) Sexual orientation.

B. All personnel actions concerning any skilled, professional or management service employee and any special appointee designated by the Secretary of Budget and Management, or any applicant for employment in those services or in comparable positions in an independent personnel system in the Executive Branch, shall be without regard to political affiliation, belief or opinion.

C. Discrimination against or harassment of employees on the basis of any reason prohibited by law is not permitted.

D. Retaliation against any employee who opposes discrimination or participates in an EEO investigation is not permitted.

E. Retaliation against an individual because of their refusal to submit to a genetic test or make available the results of a genetic test is not permitted.

F. The Secretary of Budget and Management shall:

(1) Recommend the appointment of a Statewide Equal Employment Opportunity Coordinator who shall administer the program and coordinate the activities of the agency Fair Practices Officers, EEO Officers, and Americans with Disabilities Act Officers;

(2) Establish an Equal Employment Opportunity Unit which will report directly to the Equal Employment Opportunity Coordinator to oversee the administration of an equal employment practices program consistent with the requirements of applicable federal and State law governing equal employment opportunity, the State Personnel and Pensions Article, and this Executive Order;

(3) Upon an appropriate showing by an agency, and consistent with State and federal law, permit any bona fide occupational qualification; and

(4) Take any action, not inconsistent with federal or State law, to resolve employee complaints of unfair employment practices.

G. The head of each department or other independent unit in the Executive Branch shall, consistent with guidelines and regulations promulgated by the Secretary of Budget and Management:

(1) Appoint a Fair Practices Officer, and any Equal Employment Opportunity Officers, as required, for the appropriate implementation of the Equal Employment Opportunity Program in the department or unit;

(2) Ensure that the personnel practices in the department or unit are not discriminatory;

(3) Review disciplinary actions initiated against employees, employee grievances and complaints of discrimination to ensure the fair and equitable treatment of employees in their department or unit;

(4) Develop and implement policies that promote equal employment opportunity and work force diversification reflective of the availability of women, minorities, and persons with disabilities in the relevant labor market;

(5) Provide leadership and training to managers, supervisors and other employees in fair employment practices;

(6) Ensure that designated Fair Practices and Equal Employment Opportunity Officers are known to all employees in their respective agencies and that these Officers have appropriate decision-making authority consistent with relevant federal and State law, this Executive Order, and personnel regulations;

(7) Consult and cooperate fully with the Secretary of Budget and Management and the Statewide EEO Coordinator or their designees in investigating and resolving expeditiously complaints of discrimination or unfair employment practices;

(8) Provide statistical and other information requested by the Secretary of Budget and Management regarding efforts to implement the department's or unit's Equal Employment Opportunity Program;

(9) Develop and implement programs, activities and events to acknowledge and educate about diversity and cultural differences; and

(10) Implement any decision of the Secretary of Budget and Management not inconsistent with the spirit or requirements of this Executive Order and federal or State law.

H. Cabinet officials and other heads of departments or units are expected to lead by example in promoting fair employment practices and this Administration's policy of zero tolerance for employment discrimination.

Article II Complaints of Discrimination and Unfair Employment Practices

A. It is the policy of this Administration that all complaints of discrimination or other unfair employment practices be thoroughly investigated and promptly resolved, as appropriate.

B. The Statewide EEO Coordinator shall monitor the compliance and effectiveness of each agency's EEO program and make recommendations for improvement.

C. The Secretary of Budget and Management shall develop and promulgate rules, regulations, and guidelines for the investigation and resolution of complaints of discrimination or other unfair employment practices which shall include, at a minimum:

(1) Provisions for resolving complaints informally whenever possible;

(2) Provisions for employees to file complaints with the Fair Practices or Equal Employment Opportunity Officer for the department or unit;

(3) Provisions for the review and resolution of any employment grievance, complaint involving discrimination or other unfair employment practices by the Secretary of Budget and Management prior to any appeal to the Office of Administrative Hearings;

(4) Guidelines for cooperation with the investigation of any complaint of discrimination filed with the Maryland Commission on Human Relations, the United States Equal Employment Opportunity Commission or any other agency authorized by law to conduct such investigations; and

(5) Training programs for managers and supervisors in identifying and resolving complaints of discrimination or other unfair employment practices.

D. No employee shall be harassed or otherwise retaliated against for filing a complaint of discrimination or other unfair employment practice, providing information in support of any such complaint or testifying, assisting or participating in any phase of an investigation of any unfair employment practice, or on the basis of his or her refusal to submit to a genetic test or make available the results of a genetic test.

E. Discrimination or retaliation complaints by Fair Practices Officers, Equal Employment Opportunity Officers, or EEO Office Directors shall be filed with the head of the unit or their designee and may be appealed to the statewide EEO Coordinator's Office.

Article III Cooperation with the Maryland Commission on Human Relations and United States Equal

A. In accordance with the requirements of applicable federal and State law governing equal employment opportunity, the State Personnel and Pensions Article, and this Executive Order, all heads of departments and units in the Executive Branch shall cooperate fully with the Maryland Commission on Human Relations, the United States Equal Employment Opportunity Commission and any other federal or State agency investigating discrimination and duly comply with any validly adopted rules, regulations, and orders for effectuating the State's policies against discrimination and resolving complaints of discrimination.

B. Every attempt shall be made to resolve complaints of discrimination within a department or unit; however, employees who file complaints of discrimination with agency Fair Practices Officers or Equal Employment Opportunity Officers shall be advised of their right to file a complaint with the Maryland Commission on Human Relations and the United States Equal Employment Opportunity Commission.

C. The Secretary of Budget and Management shall establish guidelines which provide for agency participation in mediation or arbitration of employee complaints of discriminatory or unfair employment practices.

D. If an employee of the Maryland Commission on Human Relations files a complaint of discrimination against a State agency, the Governor shall appoint an individual to perform the functions usually performed by the Commission.

Article IV State Action

A. Any employee of the State who violates the laws of this State pertaining to equal employment opportunity, this Executive Order or guidelines, rules and regulations promulgated pursuant thereto, will be subject to disciplinary action, up to and including dismissal from employment with the State.

B. In performing services to the public, employees of this State will not discriminate against the public or individuals for any reason prohibited by law, nor shall they authorize the use of State facilities in the furtherance of any unlawfully discriminatory purpose or by any organization which unlawfully discriminates in its membership or policies.

Article V Accommodations

A. Reasonable accommodation shall be provided for all qualified applicants for employment and State employees with disabilities, consistent with the requirements of federal and State law.

B. Meetings, hearings, and employment tests shall be conducted in an accessible manner and location, as required by federal and State law.

C. No employee shall be retaliated against for seeking a reasonable accommodation for a disability.

D. Managers and Supervisors shall receive training concerning reasonable accommodations for disabilities.

Article VI Annual Reports

A. The head of each principal department or unit in the Executive Branch shall, by October 15 of each year, or as otherwise requested, submit to the Secretary of Budget and Management an annual report of activities taken in the previous fiscal year to effectuate this Code of Fair Employment Practices. The report shall contain the information required by the Secretary of Budget and Management in a form consistent with the guidelines issued by the Secretary of Budget and Management.

B. The Secretary of Budget and Management shall, by January 1 of each year, submit to the Governor an annual report on statewide equal employment opportunity practices. The Secretary of Budget and Management shall provide copies of the report to each department and unit, the General Assembly, and the Maryland Commission on Human Relations.

Article VII Notice to Employees

A. The Secretary of Budget and Management shall publish the policies of this State with regard to its fair employment practices and make copies of the publication available to all agencies.

B. Consistent with the requirements of federal and State law, the Secretary shall authorize an appropriate notice of State fair employment practices and the manner in which the notice is to be posted.

C. The heads of departments and units shall procure the publication and notice required by this Executive Order, furnish copies of the publication to all managers and supervisors and make it available to employees, and post the notice in the locations and manner required by the Secretary of Budget and Management.

Administrative History

Effective date: August 22, 2007 (34:20 Md. R. 1728)

Cross References

14.03.01.18B(7)

COMAR 01.01.2007.13 Governor's Interagency Transition Council for Youth with Disabilities (Rescinds Executive Order 01.01.2000.26)

A. Established. There is an Interagency Transition Council for Youth with Disabilities.

B. Composition. The Council consists of up to 27 members, including:

(1) The Secretary of the Department of Disabilities or designee;

(2) The State Superintendent of Education or designee, and the following additional representatives from the Maryland State Department of Education:

(a) The Assistant State Superintendent of the Division of Rehabilitation Services (DORS);

(b) A Regional Director of the Division of Rehabilitation Services;

(d) A local transition coordinator from the Division of Special Education/Early Intervention Services;

(e) A member of the Family Support Services Office of the Division of Special Education/Early Intervention Services;

(f) The Assistant State Superintendent of the Division of Career Technology and Adult Learning; and

(g) The Assistant State Superintendent of the Division of Student and School Services;

(3) A representative of the Department of Juvenile Services;

(4) A representative of the Department of Human Resources;

(5) Two representatives of the Department of Health and Mental Hygiene, including:

(a) The Director of the Developmental Disabilities Administration or designee; and

(b) The Director of the Mental Hygiene Administration or designee;

(6) Two representatives of the Department of Labor, Licensing, and Regulation, including:

(a) A representative of the Division of Workforce Development of the Department of Labor, Licensing, and Regulation;

(b) A representative of the Governor's Workforce Investment Board Youth Council, or a local Workforce Investment Board youth representative;

(7) The Executive Director of the Governor's Office for Children or designee;

(8) A representative of the Maryland Technology Assistance Program;

(9) Two representatives of the Maryland Higher Education Commission, one of whom shall be selected from the membership of the Maryland Disability Higher Education Network;

(10) A representative of the Maryland Commission on Disabilities;

(11) Up to six members with relevant interest or expertise appointed by the Governor. These individuals shall represent parents, advocacy organizations serving the disability community, service agencies in the public or private sector, and the general public. No more than one member shall represent the same agency. Every effort will be made to provide geographic and cultural diversity of the State. Members appointed under this provision shall serve at the pleasure of the Governor for up to two consecutive three-year terms; and

(12) A student representative who has participated in the Maryland Youth Leadership Forum who is recommended by the Maryland State Department of Education and appointed by the Governor. The representative shall be a student between the ages of 14 and 21 years of age who meets the eligibility criteria of the Individuals with Disabilities Education Improvement Act or Section 504 of the Rehabilitation Act. A student appointed under this provision shall serve a one-year term.

C. Leadership. The Secretary of the Department of Disabilities shall serve as the Chair of the Council. There shall also be a position of Co-Chair, which shall rotate every two years, in the following order:

(1) The Assistant State Superintendent of the Division of Rehabilitation Services;

(2) The representative from the Developmental Disabilities Administration;

(3) The representative of the Mental Hygiene Administration; and

(4) The Assistant State Superintendent of the Division of Special Education/Early Intervention Services.

D. Procedures. The following procedures apply to the Council:

(1) Staffing. Staff support shall be provided by the Division of Rehabilitation Services of the Maryland State Department of Education.

(2) Other Support. The Council may name additional consulting members or establish such committees as may be necessary or helpful in discharging its duties.

(3) Meetings. The Council shall meet at least four times a year.

(4) Compensation. Appointed members of the Council may not receive any compensation for their services, but they may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

E. Duties. The Council shall have the following duties and responsibilities:

(1) Primary Responsibility. The primary responsibility of the Council shall be to annually review, revise, and update the Interagency State Plan for Transitioning Youth with Disabilities to ensure effective interagency planning and delivery of services for secondary students with disabilities. The Interagency State Plan for Transitioning Youth with Disabilities shall serve as the unifying link between child-serving systems and adult systems, and appropriate elements shall be incorporated into both the Department of Disabilities State Plan and the Governor's Office for Children's three-year plan. The Interagency State Plan will address:

(a) The coordination of State and federal workforce reform efforts, and secondary and postsecondary education system reform efforts;

(b) Employment and postsecondary education performance outcomes that measure benefit of services and numbers of students;

(d) Cross-agency training and technical assistance for all stakeholders, including professionals, parents, students, and advocates.

(2) Additional Responsibilities. Additional responsibilities of the Council include:

(a) Identifying and reporting activities of each partner that impact the delivery, quality, and availability of transition services;

(b) Serving in an advisory capacity to all transition-related federal grants; and

(c) Disseminating information concerning the goals and activities of the Interagency State Plan for Transitioning Youth with Disabilities for public comment concurrent with forum events held by DORS.

F. Reports. The Interagency Transition Council shall annually report to the Governor about the goals and progress of the Interagency State Plan for Transitioning Youth with Disabilities on or before September 30 of each year.

Administrative History

Effective date: August 2, 2007 (34:17 Md. R. 1492)

COMAR 01.01.2007.10 Space Utilization Review

A. Each Cabinet-level agency head is directed to review its agency's inventory of state-owned office and storage space, leased office and storage space, and property inventories. Each agency head shall:

(1) Identify opportunities to consolidate various government functions into less square footage;

(2) Identify owned or leased storage units, garages, and warehouses that are not essential to agencies' core missions;

(3) Evaluate inventory levels and purchasing patterns to ensure that they align with the goal of minimizing space requirements;

(4) Eliminate excess property, either through sale or disposal, that occupies valuable owned and leased space; and

(5) Ensure that leased square footage office space is proportionate to each agency's current number of full time employees.

B. As the agency responsible for the majority of the State's real estate portfolio and the disposition of surplus property, the Department of General Services (DGS) shall be the lead agency in this effort. All agency heads, including those whose real estate portfolio is not currently managed by DGS, shall coordinate with DGS on all opportunities for consolidation.

C. The Secretary of DGS shall make recommendations to the Governor on any opportunities for space and property consolidation/reduction based on each agency's internal review.

Administrative History

Effective date: July 18, 2007 (34:16 Md. R. 1415)

01.01.2006 Executive Orders 2006

COMAR 01.01.2006.07 Maryland Dairy Industry Oversight and Advisory Council

A. Established. There is a Maryland Dairy Industry Oversight and Advisory Council.

B. Membership. The membership of the Advisory Council shall be comprised of the following:

(1) Voting Members.

(a) The Council shall consist of up to 15 voting members with interest and expertise in the dairy industry who are appointed by the Governor.

(b) The members of the Council serve at the pleasure of the Governor for up to 2 consecutive 3-year terms.

(2) Non-Voting Members. The following may serve in an advisory, non-voting capacity:

(a) One member of the Senate, appointed by President of the Senate;

(b) One member of the House of Delegates, appointed by the Speaker of the House;

(d) One representative of the Department of Health and Mental Hygiene, appointed by the Secretary;

(e) One local health officer who is a member of the Maryland Association of County Health Officers, appointed by the Secretary of Health and Mental Hygiene; and

(f) One representative of the Maryland Cooperative Extension, appointed by the Dean of the University of Maryland College of Agriculture and Natural Resources.

C. Staffing. The Department of Agriculture and Department of Health and Mental Hygiene shall jointly provide staff support and resources to the Council, with additional assistance from other State agencies as requested.

D. Procedures.

(1) The Council shall meet at least four times annually.

(2) A majority of voting members shall constitute a quorum for the transaction of any business before the Commission.

(3) The Chairperson may establish committees and subcommittees and include representatives of interested public and private organizations on committees and subcommittees.

(4) Members of the Council may not receive any compensation for their services. Voting members of the Council may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

E. Duties and Responsibilities.

(1) General. The Council shall investigate and identify ways to improve the economic viability of the dairy industry in Maryland.

(2) Specific. The Council shall:

(a) Develop strategies for sustaining Maryland's dairy industry;

(b) Evaluate and review the regulatory structure of the dairy industry;

(d) Identify and comment on quality assurance controls in the dairy industry;

(e) Identify barriers to profitability in the dairy industry;

(f) Identify technological changes affecting the dairy industry;

(g) Encourage and facilitate collaboration among the State agencies responsible for regulating the dairy industry; and

(h) Perform other duties and responsibilities as assigned by the Governor.

F. Reporting. The Council shall report to the Governor by October 1 of each year with recommendations to support a coordinated State strategy for the dairy industry.

Administrative History

Effective date: July 10, 2006 (33:16 Md. R. 1347)

COMAR 01.01.2006.02 Maryland Child Care Subsidy Coordinating Council

A. Established. There is a Maryland Child Care Subsidy Coordinating Council convening on a regular basis for the purpose of developing, evaluating, and coordinating the administration of all State child care subsidy or voucher programs, including the Child Care Subsidy Program (commonly known as the Purchase of Care program) which is within the Maryland State Department of Education.

(1) Membership. The Council shall consist of the following members:

(a) The Executive Director of the Governor's Office for Children;

(b) The following representatives from the Maryland State Department of Education:

(i) The State Superintendent of Schools;

(ii) The Director of the Office of Child Care;

(iii) The Assistant Superintendent for Finance; and

(iv) The Chief of the Office of Information Technology.

(i) The Secretary of Human Resources;

(ii) The Executive Director for Family Investment;

(iii) The Chief Financial Officer; and

(iv) The Chief Information Officer.

(2) The Executive Director of the Governor's Office for Children shall chair the Council and shall be responsible for the oversight, direction, and accountability of the work of the Council.

(3) The Maryland State Department of Education and the Maryland Department of Human Resources shall provide the primary staff support necessary for the completion of the Council's duties.

(4) The Council shall consult with other State departments and agencies as needed and as appropriate. All Executive departments and agencies shall cooperate with this Council.

(5) Appropriate funding for the implementation of this Executive Order shall be apportioned among the existing budgets of affected Executive departments and agencies.

(6) The Council shall meet at least once every calendar quarter.

(7) The Chair may establish subcommittees as needed to carry out the work of the Council.

B. Purpose. The Council shall have the following objectives:

(1) To develop a comprehensive, coordinated, and collaborative approach for the use of State and Federal resources to assist low-income families to secure child care through the Child Care Subsidy Program;

(2) To ensure the State meets all standards and requirements associated with Federal Funds expended on, by, or through the Child Care Subsidy Program, including but not limited to universal engagement and work force participation rates of the Temporary Assistance for Needy Families (TANF) program;

(3) To increase access by low-income families receiving child care subsidies to quality early care and education programs, thereby increasing the probability that their children are entering school ready to learn;

(4) To promote the ongoing viability of the Child Care Subsidy Program and thereby maintain access to the program for low-income families; and

(5) To ensure that the Child Care Subsidy Program continues to promote the transition of low-income families from public assistance to economic independence.

C. Duties. The Council shall carry out the following duties and responsibilities in meeting its objectives:

(1) Oversee and govern the development and implementation of policies, procedures, and practices for the operation of the Child Care Subsidy Program pursuant to the stated objectives of the Council;

(2) Oversee and govern the budget and fiscal management for the Child Care Subsidy Program, including establishing budget and funding priorities;

(3) Develop a Child Care Subsidy Program three-year improvement plan, which shall set benchmarks, identify resources and funding, and establish timelines for the improvement of the sustainability, accessibility, quality, and accountability of the Child Care Subsidy Program;

(4) Perform a comprehensive evaluation to determine the enrollment patterns of young children from the Child Care Subsidy Program clients in other State and local programs; and

(5) Perform other duties and responsibilities as assigned by the Governor.

D. Reports. The Council shall report to the Governor by October 1, 2006 and annually thereafter.

Administrative History

Effective date: February 13, 2006 (33:8 Md. R. 710)

01.01.2005 Executive Orders 2005

COMAR 01.01.2005.35 Office of the Independent Juvenile Services Monitor

A. Definitions. The following words have the meanings indicated.

(1) “Children's Cabinet” means the Children's Cabinet established by Executive Order 01.01.2005.34.

(2) “Director” means the Director of the Office of the Independent Juvenile Services Monitor.

(3) “Disciplinary action” means any punitive action against a child that results in more security, additional obligations, or less personal freedom.

(4) “Department” means the Department of Juvenile Services.

(5) “Executive Director” means the Executive Director of the Governor's Office for Children.

(6) “Facility” means:

(a) A residential facility operated by the Department; and

(b) A residential facility owned by the Department but privately operated.

(7) “Grievance” means a complaint made by a child or on behalf of a child due to a circumstance or action considered to be unjust. “Grievance” does not include an employee grievance, disciplinary appeal, or complaint.

(8) “Independent Juvenile Services Monitor” means the Director of the Office of the Independent Juvenile Services Monitor and any individual designated by the Director to determine whether the needs of children under the jurisdiction of the Department are being met in compliance with State law, that their rights are being upheld, and that they are not being abused.

(9) “Office” means the Office of the Independent Juvenile Services Monitor.

(10) “Secretary” means the Secretary of Juvenile Services.

B. Established. There is an Office of the Independent Juvenile Services Monitor as an independent unit in the Governor's Office for Children.

C. Organization.

(1) The Office shall include a full-time Director and staff as provided in the State budget.

(2) All salaries for the Director and independent juvenile justice monitors and expenses for rent, equipment, supplies, and general operating expenses necessary for the work of the Office shall be as provided in the State budget.

(3) In cooperation with the Secretary of Budget and Management, the Director shall set minimum salaries, qualifications, and standards of training and experience for positions with the Office.

D. Duties and Responsibilities.

(1) The Office shall:

(a) Evaluate at each facility:

(i) The child advocacy grievance process;

(ii) The Department's monitoring process;

(iii) The treatment of and services to youth;

(iv) The physical conditions of the facility; and

(v) The adequacy of staffing.

(b) Review all reports of disciplinary actions, grievances, and grievance dispositions received from each facility and alterations in the status or placement of a child that result in more security, additional obligations, or less personal freedom;

(d) Perform unannounced site visits and on-site inspections of facilities;

(e) Receive and review all incident reports submitted to the Department from facilities;

(f) Receive reports of the findings of child protective services investigations of allegations of abuse or neglect of a child in a facility; and

(g) Be available to attend meetings of the advisory boards established under Article 83C, §2-119 of the Code.

(2) The Office may:

(a) Review relevant laws, policies, procedures, and juvenile justice records, including records relating to individual youth;

(b) On request, conduct interviews with staff, youth, and others;

(d) Participate, within the context of the local department of social services' multidisciplinary team process, in a child protective services investigation conducted under Title 5, Subtitle 7 of the Family Law Article concerning any allegation of abuse or neglect within any assigned facility.

F. Reports.

(1) The Office shall report in a timely manner to the Children's Cabinet, the Executive Director, the Secretary, and in accordance with President of the Senate:

(a) Knowledge of any problem regarding the care, supervision, and treatment of children in facilities;

(b) Findings, actions, and recommendations, related to the investigations of disciplinary actions, grievances, incident reports, and alleged cases of child abuse and neglect; and

(2) The Office shall report quarterly to the Executive Director, the Children's Cabinet, and the Secretary.

(3) A copy of the report shall be provided to the State Advisory Board for Juvenile Services and, in accordance with §2-1246 of the State Government Article, the General Assembly.

(4) The report shall include:

(a) All activities of the Office;

(b) Actions taken by the Department resulting from the findings and recommendations of the Independent Juvenile Services Monitor, including the Department's response; and

(c) A summary of any violations of the standards and regulations of the Department that remain unabated for 30 days or more during the reporting period.

(5) On or before November 30 of each year, the Office shall report to the Executive Director.

Administrative History

Effective date: June 9, 2005 (32:13 Md. R. 1098)

COMAR 01.01.2005.24 Governor's Subcabinet for International Affairs (Amends Executive Order 01.01.2001.20)

A. There is a Governor's Subcabinet for International Affairs convening on a regular basis for the purpose of developing, evaluating and coordinating a cohesive international strategy in order to enhance the State's competitiveness and stature in the global market place and international arena.

B. Membership and Procedures.

(1) The Subcabinet shall consist of:

(a) The Secretary of State;

(b) The Secretary of the Department of Business and Economic Development;

(d) The Secretary of the Department of Transportation;

(e) The Secretary of Higher Education;

(f) The Secretary of the Department of the Environment; and

(g) The Lieutenant Governor.

(2) The Subcabinet shall consult with other State departments and agencies as needed and as appropriate.

(3) The Secretary of State shall chair the Subcabinet and shall be responsible for the oversight, direction and accountability of the work of the Subcabinet.

(4) The Governor shall designate a senior administrator in the Executive Branch to be responsible for implementation of this Executive Order and for supervision of assigned staff.

(5) The Office of Intergovernmental and International Relations within the Office of the Secretary of State, the Office of Protocol within the Department of Transportation and the Office of International Business within the Department of Business and Economic Development shall provide the primary staff support necessary for the completion of the Subcabinet duties. The Governor or Chair may call upon any of the Subcabinet members to provide additional staff assistance as needed.

(6) Appropriate funding for the implementation of this Executive Order shall be apportioned among the existing budgets of affected Executive Branch departments and agencies.

(7) The Subcabinet shall meet at least once every quarter of the year. The staff of the Subcabinet shall meet at least monthly.

(8) The Governor or the Chair may establish subcommittees as needed to carry out the work of the Subcabinet.

C. Duties.

(1) The Subcabinet shall have the responsibility to advise the Governor on matters of international affairs, coordinate State international activity and oversee the protocol functions of the State. The Subcabinet shall contribute to the economic development of the State by ensuring that all appropriate State agencies work in a cooperative, coordinated manner in planning, implementing, overseeing and evaluating the foreign affairs of the State.

(2) The Subcabinet shall:

(a) Examine the current structure and organization of Maryland's system pertaining to international affairs to facilitate the development of:

(i) A coordinated State international strategy;

(ii) An annual interagency plan for services and functions dealing with the international affairs of the State;

(iii) A procedure for identifying and assessing foreign developments with a potential for impact on the State;

(iv) Active participation in activities and exchanges on international matters affecting the State in cooperation with the federal government;

(v) A consistent and clear international identity of the State by serving as the official liaison between the Governor and foreign governments and international organizations;

(vi) A “global affairs information center” that serves as the first point of contact regarding international political developments impacting the State;

(vii) A Special Governor's Commission on Foreign Affairs comprised of leaders from the academic, business, diplomatic and civic communities to advise the Subcabinet on international affairs and activities; and

(viii) Recommendations for programs and policies, if appropriate, in order to ensure that the needs and goals of the State's international strategy are met and accomplished.

(b) Develop and implement a system for ensuring the adequate conduct of international protocol on behalf of the State of Maryland.

(d) Develop a consistent, systematic method for the coordination of the State's international cultural, educational and economic development events, trips and activities.

(e) Establish a fund to receive contributions for the benefit of Sister-State relationships. The funds shall ne disbursed at the direction of the Subcabinet upon direction of the Finance Committee of the Board of Directors of the Maryland Sister State Program. The Secretary of State and his staff shall not participate in the administration of the fund.

(f) Perform other duties and responsibilities as assigned by the Governor.

D. The Subcabinet shall report to the Governor by October 1 of each year with recommendations to support a coordinated State international strategy.

Administrative History

Effective date: November 13, 2001 (28:25 Md. R. 2181); amended effective May 11, 2005 (32:11 Md. R. 955)

Cross References

01.01.2024.33

COMAR 01.01.2005.09 State of Maryland Adoption of the National Incident Management System

A. The National Incident Management System, as developed and administered under Homeland Security Presidential Directive-5, shall be the State standard for incident management.

B. All State governmental agencies will adopt this system as a basis for command and control of emergency incidents in cooperation with the local jurisdictional response partners.

C. The Maryland Emergency Management Agency, in concurrence with the Governor's Office for Homeland Security, will coordinate and facilitate an aggressive Incident Command System/National Incident Management System training program utilizing a multi-disciplinary, all-hazards approach.

Administrative History

Effective date: March 4, 2005 (32:6 Md. R. 605)

01.01.2004 Executive Orders 2004

COMAR 01.01.2004.61 Non-Veteran Spousal Admission to Charlotte Hall Veterans Home

A. Definition. “Qualifying spouse” means:

(1) The spouse of a veteran who is eligible for admission to Charlotte Hall Veterans Home; or

(2) The spouse of a deceased veteran who would otherwise be eligible for admission to Charlotte Hall Veterans Home.

B. In order to increase the number of applicants who will apply for currently unfilled beds and to provide care in the most home-like setting possible, the Charlotte Hall Veterans Home, which has heretofore only admitted veterans as residents, may also admit qualifying spouses, up to the limit allowed by the United States Department of Veterans Affairs. Qualifying spouses will be admitted under the following conditions:

(1) A qualifying spouse must meet the qualifying admission criteria and produce proof of marriage to an eligible veteran;

(2) A qualifying spouse may not be admitted once the Charlotte Hall Veterans Home's census reaches 90%, unless otherwise determined by the Maryland Veterans Home Commission and Maryland Department of Veterans Affairs;

(3) A qualifying spouse is not eligible for a federal Veterans' Affairs per diem provided for veteran residents, nor for the additional State subsidy provided veteran residents in Assisted Living;

(4) The admission of a qualifying spouse must be at no cost to the State of Maryland, except under the State's Medicaid program;

(5) A qualifying spouse is to receive the same quality of care, appropriate to his or her needs;

(6) A qualifying spouse may remain a resident of Charlotte Hall Veterans Home if the veteran spouse, who is also a resident, either dies or is discharged; and

(7) A qualifying spouse who is discharged for medical reasons may be eligible for readmission, provided an admission application is filed within 60 days of the preceding discharge. A qualifying spouse who is discharged for non-medical reasons may not be eligible for readmission.

Administrative History

Effective date: November 11, 2004 (31:24 Md. R. 1692)

COMAR 01.01.2004.28 Terrorism Protection—Law Enforcement Services—Expanded Jurisdiction for Maryland Transportation Authority Police

A. The primary responsibility for the provision of law enforcement services by the Maryland Transportation Authority Police shall remain the properties owned, operated by, or under the control of the Maryland Transportation Authority, the Maryland Aviation Administration, and the Maryland Port Administration as provided by Section 4-208(e) of the Transportation Article of the Annotated Code of Maryland.

B. The Maryland Transportation Authority Police, while on duty, under the authority of the Chief of the Transportation Authority Police, shall, pursuant to Section 4-208(b)(4)(iii) of the Transportation Article of the Annotated Code of Maryland, and by this Executive Order, have all the powers granted to a peace officer and a police officer of this State as provided by law, henceforth with expanded jurisdiction and authority to protect its facilities and areas of primary jurisdiction and to enhance the protection and safety of all publicly owned, commercial, and/or common carrier transportation assets throughout the State. The Maryland Transportation Authority shall adopt policies and procedures to implement the provisions of this Executive Order and to ensure the safe, efficient, and cooperative provision of law enforcement services in instances in which the expanded jurisdiction and authority is exercised in this State.

C. No provision of this Executive Order is intended to compromise or limit any of the powers, protections or immunities otherwise granted by law to Maryland Transportation Authority police or other law enforcement agencies of the State.

D. This Executive Order is effective upon signature and shall continue in effect unless and until amended, modified, terminated, or rescinded by the Governor, or by operation of law.

Administrative History

Effective date: May 18, 2004 (31:12 Md. R. 892)

COMAR 01.01.2004.21 Enhanced Forestry Management on the Department of Natural Resources-Owned Forest Lands

A. The Department of Natural Resources shall:

(1) Undertake efforts to develop, upgrade and/or modify forest stewardship plans on all DNR-owned lands consistent with and responsive to scientifically based land use conservation goals attendant to watershed, wildlife, fish, biodiversity, recreation, wood fiber, and wilderness enhancement; and

(2) Confer with the Forest Stewardship Council® and the Sustainable Forestry Initiative® Board in order to determine the parameters of securing forest certification of the State's efforts in managing Maryland's State Forests in an environmentally responsible manner.

B. The Department of Natural Resources shall submit its findings and recommendations and an action plan consistent with this effort to the Governor by June 1 of each year and report progress to the Governor on an ongoing basis as determined appropriate by the Department.

Administrative History

Effective date: March 29, 2004 (31:9 Md. R. 693)

01.01.2003 Executive Orders 2003

COMAR 01.01.2003.49 Pesticide Advisory Committee

[Rescinded COMAR 01.01.1993.21 and 01.01.1997.05]

A. Established. There is a Pesticide Advisory Committee within the Maryland Department of Agriculture.

B. Membership.

(1) The Committee shall consist of up to fifteen members, including:

(a) The Secretary of the Department of Agriculture or a designee;

(b) The Secretary of the Department of Natural Resources or a designee;

(d) The Secretary of the Department of Health and Mental Hygiene or a designee;

(e) One representative of the University System of Maryland with expertise in pesticides, designated by the Chancellor;

(f) One member of the Senate of Maryland, appointed by the President of the Senate;

(g) One member of the House of Delegates, appointed by the Speaker of the House;

(h) One member of the Maryland Agricultural Commission, selected by the Secretary of Agriculture; and

(i) Seven members with subject matter interest or expertise named by the Secretary of the Department of Agriculture in consultation with the Governor's Office.

(2) Members named to the Advisory Committee under Section (B)(1)(h) and(i) shall serve at the pleasure of the Secretary of Agriculture.

(3) The Secretary shall designate a Chair from among the members of the Advisory Committee.

(4) Members of the Committee may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

C. Procedures.

(1) A majority of the Advisory Committee shall constitute a quorum for the transaction of any business. The Committee may adopt such other procedures necessary to ensure the orderly transaction of business.

(2) The Department of Agriculture shall provide principal staff support to the Advisory Committee .

D. Scope. The Advisory Committee shall have the following duties and responsibilities:

(1) Make recommendations to the Secretary for changes in law or regulation to improve pesticide management in the State;

(2) Provide advice to the Secretary on issues concerning the registration, sales, use, storage and disposal of pesticides, the certification and training of pesticide applicators, the licensing of pest control businesses and the protection of farmworkers, endangered species and water resources;

(3) After having consulted with the Secretary, provide advice to other State agencies and local governments concerning their responsibilities in pesticide management and protection human health, natural resources and the environment; and

(4) Generally serve in an advisory capacity to the Secretary, Department Officials, and other State agencies on pesticide related matters.

E. Reports. The Secretary shall report annually to the Governor on the activities of the Committee.

Administrative History

Effective date: November 17, 2003 (30:25 Md. R. 1806)

COMAR 01.01.2003.31 Access to Assistance and Benefits for Maryland Indians

A. To the extent permitted by existing law, the State shall take reasonable steps to assist American Indian groups and members of those groups that identify themselves as American Indian and as citizens of the State in securing benefits and assistance available under State programs that benefit American Indians.

B. The Maryland Commission on Indian Affairs shall assist the State in identifying American Indian groups in the State that may benefit from State and Federal government programs, and shall inform those American Indian groups and their members that assistance or benefits may be available to them under certain government programs.

C. State agencies shall not prohibit American Indian groups and members of those groups who identify themselves as American Indian and as citizens of this State from identifying their heritage as American Indian on any State forms requiring or permitting identification of racial or ethnic identity, including forms for State vital records, State drivers' license and State identification card applications.

D. Nothing in this Executive Order shall be construed as recognition by the State of a group's status as a Maryland Indian tribe, band, clan, or group.

Administrative History

Effective date: September 24, 2003 (30:21 Md. R. 1518)

COMAR 01.01.2003.28 Governor's Commission on Migratory and Seasonal Farm Labor

[Rescinded COMAR 01.01.1981.01, 01.01.1981.07, and 01.01.1984.02]

A. There is a Governor's Commission on Migratory and Seasonal Farm Labor in the Department of Human Resources.

B. Membership.

(1) The Commission shall consist of up to 17 members appointed by the Governor, including:

(a) The Secretary of the Department of Agriculture, or a designee;

(b) The Secretary of the Department of Health and Mental Hygiene, or a designee;

(d) The Secretary of the Department of Labor, Licensing and Regulation, or a designee;

(e) The State Superintendent of the Department of Education, or a designee;

(f) The Director of the University System of Maryland Cooperative Extension Service or a designee; and

(g) Up to 11 members with interest or expertise, who are appointed by the Governor. These members may include representatives of farm workers, growers, service agencies, and other organizations concerned with migratory and seasonal farm labor issues.

(2) Members appointed by the Governor shall serve at the pleasure of the Governor for up to two consecutive four-year terms. The terms of members shall be staggered on initial appointment pursuant to this Executive Order. All other members of the commission shall serve so long as they hold the designation specified in this Executive Order.

(3) The Governor shall designate a Chairperson from among the members of the Commission, with the advice of the Secretary of Human Resources. The Chairperson shall hold office at the pleasure of the Governor.

(4) The Governor may remove any member of the Commission for any cause.

(5) In the event of a vacancy, the Governor shall appoint a successor.

C. Procedures.

(1) The Commission shall meet at least four times a year, at the times and places determined by the Chairperson.

(2) A majority of Commission members shall constitute a quorum for the transaction of any business.

(3) The Commission may adopt such other procedures and by-laws as may be necessary to ensure the orderly transaction of business.

(4) By June 30 of each year, the Commission shall submit an annual report to the Governor and the Secretary of Human Resources detailing its activities in the preceding calendar year, along with any appropriate recommendations.

D. Expenses. Members of the Commission may not receive any compensation for their services. Public members of the Commission may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

E. Staff Support. The Department of Human Resources shall provide staff support for the Commission.

F. Duties. The Commission shall have the following duties and responsibilities:

(1) Serve as the advisory body to the Governor, the General Assembly, and agencies within the Executive Department on matters relating to the migratory and seasonal farm labor population of Maryland;

(2) Serve as a forum for farm laborers, growers, service agencies, and State agencies to share information and concerns, and to cooperate in developing recommendations concerning matters that affect the migratory and seasonal farm population of Maryland;

(3) Work with growers, communities in which the workers live, crewleaders, private groups, churches, and agencies of State and local government for the purpose of advancing the welfare of migratory and seasonal farm laborers;

(4) Promote the coordination of and, to the degree feasible, participate in the evaluation of farm labor programs and services to this population that are provided by the State and federal government and private agencies;

(5) Conduct surveys and interview employers, workers, governmental experts, and members of the community whenever, in its judgment, these activities are necessary to assess conditions affecting migratory and seasonal farm laborers;

(6) Review and make recommendations on existing and proposed federal, State, and local legislation, rules and regulations, policies, and programs that affect or would affect the migratory and seasonal farm labor population in Maryland; and

(7) Perform any other duties that may be requested by the Governor.

Administrative History

Effective date: September 5, 2003 (30:20 Md. R. 1390)

COMAR 01.01.2003.20 Implementation of the Regulatory Review and Evaluation Act

[Rescinded COMAR 01.01.1986.01, 01.01.1991.06, and 01.01.1996.04]

A. Purpose.

(1) This Executive Order implements the Regulatory Review and Evaluation Act (the Act) and is issued pursuant to State Government Article, Section 10-133, Annotated Code of Maryland.

(2) The Act requires each unit in the Executive Branch of State government that is authorized by law to adopt regulations to:(a) propose a schedule for review of existing regulations; (b) unless exempt, review its existing regulations in accordance with criteria set forth in the Act; and (c) submit a report to the Administrative, Executive, and Legislative Review (AELR) Committee of the Maryland General Assembly.

B. Work Plan.

(1) The first step in the review process is the development by each unit of a work plan that will describe the regulatory review process to be followed for each set of regulations to be reviewed. The work plan shall be developed and submitted in accordance with State Government Article, Section 10-134.

(2) The work plan shall be submitted to the AELR Committee and the Governor well in advance of the evaluation report due date, but not later than one year before the evaluation report. The Division of State Documents shall receive and maintain the work plan on behalf of the Governor.

(3) The work plan should be appropriate for the regulations to be reviewed in accordance with the evaluation criteria as discussed in Section E of this Executive Order. Adequate resources should be devoted to the review considering the length, complexity, technical aspects, and importance of the regulations. The contents of the work plan shall be as specified in the State Government Article, Section 10-134(b).

C. Evaluation Schedule.

(1) The evaluation report review schedule adopted under Executive Order 01.01.1996.04 remains in effect for evaluation reports due through July 1, 2003. As of August 2003, evaluations are due as shown in Attachment A of this Executive Order.

(2) The deadline set forth in Attachment A may be altered by applying, in writing, to the Governor before the due date, citing justification for the alteration and suggesting a date by which the unit will submit the evaluation report. If approved, the unit shall publish notice of the new due date in the Maryland Register. A request for a deadline alteration under this section shall be filed with the Division of State Documents, which shall advise the Governor as to whether to approve or deny the deadline alteration request. The Governor shall approve or deny the deadline alteration request.

(3) Regulatory review is an on-going process and shall continue for subsequent eight year periods beginning July 1, 2011. The schedule in Attachment A will apply, commencing July 2012, unless the schedule is revised by subsequent executive order. Adjustments to the schedule granted under Subsection C (2), above, do not change the deadlines for subsequent eight year periods.

D. Certificate of Exemption and Written Justification.

(1) Under State Government Article, Section 10-132.1(b), at the time a unit's regulations are scheduled for review, an adopting authority may certify to the AELR Committee and to the Governor that the review of certain regulations would not be effective or cost- effective because the regulations were adopted to implement a federally mandated or federally approved program, or initially adopted or comprehensively amended during the preceding eight years.

(2) The adopting authority claiming exemption shall provide the Governor and the AELR Committee with written justification for a certificate of exemption.

(3) A certificate of exemption and written justification required to be filed with the Governor shall be filed with the Division of State Documents, which shall receive them and maintain them for the Governor.

E. Evaluation Report.

(1) The evaluation report shall be developed in accordance with State Government Article, Section 10-135(a).

(2) In addition to the criteria for review under State Government Article, Sections 10-132(1)(i) and 10-135(a)(2), a unit should consider whether its regulations are effective in accomplishing the intended purpose of the regulations.

(3) Units are also encouraged to study existing policy statements, guidelines, or standards being applied or enforced by the unit which have not been promulgated as regulations, but which fall under the definition of regulation found in State Government Article, Section 10-101, and which should be promulgated as regulations under the Administrative Procedure Act. Additionally, units should determine whether all regulations required by recently enacted legislation have been promulgated. The results of this study may appear in the unit's evaluation report.

(4) The evaluation report shall contain the items required by State Government Article, Section 10-135(a)(2), and also shall include the dates each chapter of regulations reviewed was originally adopted or last amended.

(5) In accordance with State Government Article, Section 7-212, a unit proposing in its evaluation report to reorganize its regulations shall submit the reorganization scheme to the Division of State Documents for approval before submission of the evaluation report.

(6) In addition to the distribution of the evaluation report required by State Government Article, Section 10-135(b), the unit shall also provide a copy to the Governor and to the Division of State Documents.

(7) The evaluation report shall be in a format specified by the Division of State Documents.

F. Disputes.

(1) When an unresolved disagreement between a unit and the AELR Committee is referred to the Governor under State Government Article, Section 10-136, the unit shall submit to the Governor the documentation required by State Government Article, Section 10-136(a).

(2) If the Governor instructs a unit to modify an evaluation report under State Government Article, Section 10-136(a)(2)(ii), the unit shall prepare a revised evaluation report, in accordance with the Governor's instructions, for submission to both the AELR Committee and the Governor. The unit shall publish notice of the revised report in the Maryland Register.

Administrative History

Effective date: August 18, 2003 (30:19 Md. R. 1295)

COMAR 01.01.2003.18 Establishment of the Governor's Office Of Homeland Security

A. Establishment. The Governor's Office of Homeland Security is hereby established. The Office shall be managed by a Director, who shall be primarily responsible for directing and coordinating homeland security activities throughout the State, and will be the State's principal interface with local, regional, and federal counterpart organizations. The Director will advise the Governor on homeland security issues, and shall represent the Governor on boards, forums, and councils as appropriate. The Director shall serve at the will of the Governor.

B. Authority. The Director of the Governor's Office of Homeland Security will direct homeland security efforts across State Government and coordinate with federal and local government, private sector, academia, and the public to find solutions that ensure public safety while protecting individual freedoms; the Director will ensure that Maryland is a full and active partner in federal homeland security and will work to leverage federal initiatives and innovations to enhance public safety and security within the State and its subdivisions.

C. Staffing. The Governor's Office of Homeland Security shall be comprised of limited professional staff appointed by the Governor and by professional staff on rotational assignment from State agencies. The Maryland Emergency Management Administration (MEMA) shall provide logistical and infrastructure support. Contract employees may also be used to augment the office staff as required.

D. Duties. The Director shall be responsible for the following activities:

(1) Direct and coordinate homeland security activities within the State, paying special attention to key linkages between federal, State, regional, subdivision, metropolitan, and purely local activities;

(2) Advise the Governor on policies, strategies, and measures to enhance and improve the ability to detect, prevent, prepare for, protect against, respond to, and recover from, man-made emergencies or disasters, including terrorist attacks;

(3) Assess the homeland security of the State of Maryland on a continuing basis and ensure the development and updating of plans as appropriate;

(4) Serve as the principal liaison to the White House Office of Homeland Security and the U.S. Department of Homeland Security as well as other federal entities within Maryland responsible for homeland security and emergency preparedness;

(5) Direct and coordinate policy and actions relating to homeland security across State agencies and political subdivisions; emphasize communication and cooperation with subdivision agencies and their first responders on all homeland security concerns; provide executive and legislative recommendations to streamline existing committees, commissions, agencies or departments to prevent redundancy or enhance efficiency; and

(6) Coordinate investment decisions to avoid conflicts, redundancies and misallocation of resources; work to obtain and allocate federal funds for State and subdivision homeland security activities.

E. All departments, commissions, boards, agencies, and officers of the State, or any political subdivision thereof are authorized and directed to cooperate with the Director of the Governor's Office of Homeland Security in implementing the provisions of this Order.

F. This Executive Order shall not be construed to alter the existing authorities of any executive agency or department, except that all executive departments and agencies are directed to assist the Maryland Director of the Governor's Office of Homeland Security in carrying out the purposes of this Order.

G. This Executive Order is effective upon signature and shall continue in effect until amended, modified, terminated, or rescinded by the Governor or terminated by operation of law.

Administrative History

Effective date: July 1, 2003 (30:15 Md. R. 984)

01.01.2002 Executive Orders 2002

COMAR 01.01.2002.19 Interstate Compact for Adult Offender Supervision

A. State Compact Administrator. The Director of the Division of Parole and Probation of the Maryland Department of Public Safety and Correctional Services shall be the Compact Administrator for Maryland.

B. State Council.

(1) Establishment. There is a Maryland State Council for Interstate Adult Offender Supervision.

(2) Membership. The State Council is comprised of the following members to be supplemented by others that are deemed necessary by the Board:

(a) The Compact Administrator;

(b) The Secretary of the Department of Public Safety and Correctional Services or a designee;

(d) A representative of the House of Delegates, appointed by the Speaker of the House;

(e) A representative of the Judiciary, appointed by the Chief Judge of the Maryland Court of Appeals; and

(f) Such other members appointed by the Governor to provide representation from the law enforcement community, prosecutors, the public and private bar, victims' organizations and other interested groups.

(3) Duties. The Maryland State Council for Interstate Adult Offender Supervision shall have the duties prescribed to it under the Maryland Annotated Code, Correctional Services Article, Section 6-205, including:

(a) Appointing the State Compact Administrator as the Commissioner to the National Interstate Commission;

(b) Overseeing and advocating the participation of the State Council in the National Interstate Commission; and

(c) Developing policy concerning operations and procedures of the Interstate Compact for Adult Offender Supervision within the State.

(4) Reports. The State Council shall provide an annual report to the Governor each December 31 concerning its activities.

Administrative History

Effective date: September 5, 2002 (29:20 Md. R. 1570)

01.01.2001 Executive Orders 2001

COMAR 01.01.2001.22 Stormwater Management on State Lands

A. All State agencies shall:

(1) Establish an Institution/Agency Management Plan in accordance with the “Maryland Stormwater Management Guidelines for State and Federal Projects,” issued by the Maryland Department of the Environment, July 1, 2001.

(a) Identify existing developed State owned lands (e.g., all pervious and impervious surfaces) by December 31, 2002.

(b) Identify the stormwater retrofit potential of these lands by December 31, 2003.

(2) Implement the Institution/Agency Management Plan which includes retrofitting existing impervious surfaces with a goal of a 25% reduction in effective imperviousness by 2010.

Administrative History

Effective date: November 28, 2001 (28:26 Md. R. 2264)

COMAR 01.01.2001.18 Maryland State Rehabilitation Council (Amends Executive Order 01.01.1993.25)

A. There is a Maryland State Rehabilitation Council, hereafter referred to as the Council.

B. Membership and Procedures.

(1) The membership of the Council shall be appointed by the Governor after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities, and shall include:

(a) At least one representative of the Statewide Independent Living Council, who may be the chairperson or other designee of the Council;

(b) At least one representative of a parent training and information center;

(c) At least one representative of the client assistance program established under section 112 of the Rehabilitation Act, as amended;

(d) At least one vocational rehabilitation counselor with knowledge of and experience with vocational rehabilitation programs, who shall serve as an ex officio, nonvoting member of the Council if the counselor is an employee of the Division of Rehabilitation Services (DORS);

(e) At least one representative of a community rehabilitation program service provider;

(f) Four representatives of business, industry, and labor;

(g) Representatives of disability advocacy groups representing a cross section of:

(i) Individuals with physical, cognitive, sensory, and mental disabilities; and

(ii) Parents, family members, guardians, advocates, or authorized representatives of individuals with disabilities who have difficulty in representing themselves or are unable due to their disabilities to represent themselves;

(h) Current or former applicants for, or recipients of, vocational rehabilitation services;

(i) The Director of DORS, who shall be an ex officio member of the Council;

(j) At least one representative of the Maryland State Department of Education, Division of Special Education/Early Intervention Services;

(k) At least one representative of the Governor's Work Force Investment Board; and

(l) Any additional representatives required under Title I of the Rehabilitation Act, as amended.

(2) To the extent practicable, the Governor shall also consider the extent to which minority populations are represented on the Council.

(3) A majority of the Council members shall be individuals with disabilities and not employed by DORS.

(4) The Council shall select a chairperson from among the membership of the Council.

C. Appointments to the Council.

(1) The Governor will appoint members to the Council for terms of three years with such terms staggered upon initial appointment so that one-third of the Council will be appointed each year.

(2) No member of the Council, other than a representative of the Client Assistance Program, may serve more than two consecutive full terms except that a member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed for the remainder of such term.

(3) A majority of the Council shall constitute a quorum for the transaction of business. The Council may adopt other rules or procedures necessary to ensure the orderly conduct of business.

(4) Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Council.

D. Functions of the Council. The Council shall, after consulting with the Governor's Work Force Investment Board:

(1) Review, analyze, and advise DORS regarding the performance of the responsibilities of DORS, particularly related to:

(a) Eligibility (including order of selection);

(b) The extent, scope and effectiveness of services provided; and

(c) Functions performed by DORS that affect or that potentially affect the ability of individuals with disabilities in achieving rehabilitation goals and objectives under the Rehabilitation Act, as amended.

(2) In partnership with DORS:

(a) Develop, agree to and review State goals and priorities; and

(b) Evaluate the effectiveness of the Vocational Rehabilitation Program and submit reports of progress to the Commissioner of the Federal Rehabilitation Services Administration.

(3) Advise DORS regarding activities authorized to be carried out under Title I of the Rehabilitation Act, as amended, and assist in the preparation of applications, the State plan and amendments to the plan, reports, needs assessments, and evaluations required by this Title;

(4) To the extent feasible, conduct a review and analysis of the effectiveness of, and consumer satisfaction with:

(a) The functions performed by DORS;

(b) Vocational rehabilitation services provided by State agencies and other public and private entities responsible for providing vocational rehabilitation services to individuals with disabilities under the Rehabilitation Act, as amended; and

(c) Employment outcomes achieved by eligible individuals receiving vocational rehabilitation services, including the availability of health and other employment benefits in connection with such employment outcomes.

(5) Prepare and submit an annual report to the Governor and the Commissioner of the Federal Rehabilitation Services Administration on the status of vocational rehabilitation programs operated within the State, and make the report available to the public;

(6) Coordinate with other councils within the State, including the Statewide Independent Living Council established under section 705 of the Rehabilitation Act of 1973, as amended; the State Special Education Advisory Council established under section 613(a)(12) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(a)(12), the State Developmental Disabilities Council, the State mental health planning council established under section 1916(e) of the Public Health Service Act, and the Governor's Work Force Investment Board;

(7) Advise DORS and provide for coordination and the establishment of working relationships between DORS and the Statewide Independent Living Council and centers for independent living within the State;

(8) Perform such other functions consistent with the purpose of the Council and that are comparable to the other functions performed by the Council;

(9) Perform such other functions as required under Title I of the Rehabilitation Act, as amended; and

(10) Prepare, in conjunction with DORS, a plan for the provision of such resources including such staff and other personnel as may be necessary to carry out the functions of the council as outlined in this Executive Order.

E. Resources.

(1) Supervision and Evaluation. The Council shall, consistent with State personnel laws, supervise and evaluate such staff and other personnel as may be necessary to carry out its functions.

(2) Personnel Conflict of Interest. While assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by DORS or any other agency or office of the state, that would create a conflict of interest.

(3) Resolution of Disagreements. To the extent that there is a disagreement between the Council and DORS in regard to the resources necessary to carry out the functions of the Council, the disagreement shall be resolved by the Governor.

(4) Compensation and Expenses. The Council may use funds to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties (including child care and personal assistance services), and to pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing the duties of the Council.

F. Meetings of the Council. The Council shall convene at least four meetings a year in such places as it determines to be necessary to conduct Council business and conduct such forums or hearings as the Council considers appropriate. The meetings, hearings, and forums shall be publicly announced. The meetings shall be open and accessible to the general public unless there is a valid reason for an executive session.

G. Members serve at the pleasure of the Governor and may be removed for any reason adversely affecting the member's performance or the business of the Council. Members who fail to attend 50 percent of the regular meetings of the Council within a 12-month period shall be considered to have resigned.

H. Conflict of Interest. No member of the Council shall cast a vote on any matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict of interest under State law.

Administrative History

Effective date: October 1, 1993 (20:22 Md. R. 1703)

Amended effective October 3, 2001 (28:22 Md. R. 1925)

COMAR 01.01.2001.06 Water Conservation by State Agencies

A. Water Conservation Goal.

(1) State agencies, through water conservation measures, shall reduce water consumption by at least seven percent (7%) by the year 2003, at least eight percent (8%) by the year 2005, at least nine percent (9%) by the year 2007, and at least ten percent (10%) by the year 2010, relative to baseline water use in the year 2000.

(2) For the purposes of this Executive Order, water conservation measures will apply to facilities owned, leased or managed by any State agency. This Executive Order does not apply to water production and supply functions.

B. Water Use Audit.

(1) A water use audit, which is a measurement and accounting of the amount of water conveyed through the water distribution system to water users, shall be conducted annually at all State owned or leased facilities by the State agency responsible for the lease or maintenance of the facility. Additionally, the audit will inventory all water fixtures and other water use devices to determine which are inefficient and the results shall be reported to the Maryland Department of the Environment (MDE) by July 1, 2001.

(2) During the water use audit, the State agency shall also identify any water conservation measures for immediate implementation.

C. Water Conservation Plan.

(1) Each State agency responsible for the lease or maintenance of a facility shall immediately designate a water conservation coordinator who is responsible for the annual development and implementation of the agency's water use audit and water conservation plan. An agency coordinator may further designate coordinators for each facility, who will ensure that all aspects of the plan are appropriately implemented. Each responsible State agency will complete and submit to MDE a water conservation plan by October 1, 2001. A water conservation plan shall include the following fundamental elements and explain how each element is to be implemented:

(a) An annual water audit: The use of flow meters or other methods to routinely account for water use shall be used to demonstrate that the water use reduction goals are achieved and that inefficient water fixtures and water use devices are being eliminated; and

(b) Identify and select specific water conservation measures that need to be employed to improve water management and water use efficiency to achieve the water conservation goal of this Executive Order.

(2) Additionally, each responsible State agency shall address the following measures in its water conservation plan:

(a) The purchase of water-efficient plumbing fixtures, appliances and other products when new or replacement products are needed;

(b) The timely detection and repair of leaks in distribution lines and plumbing fixtures;

(d) Management of system pressure so as to reduce usage;

(e) Retrofit programs and fixture replacement; and

(f) Installation of efficient landscape design and irrigation techniques.

(3) All leases, beginning in FY02, by any State agency shall include water conservation measures as a term of the lease.

D. Water Conservation Education.

In support of the goal to reduce water consumption, all agencies will conduct an information and education program for both public and staff users designed to promote increased efficiency of water use at State facilities to be completed on or before December 1, 2001. The information and education program shall use visual displays, distribution of written material, dissemination of information through existing employee communications and other appropriate mans to raise employee and citizen user awareness of the importance of water conservation.

E. Water Conservation Reporting.

(1) On December 1, 2001, and every year thereafter, each responsible State agency shall report to the Maryland Green Buildings Council and MDE in a format provided by the Department on measures taken to reduce water use at each of its State-owned and State-leased facilities. The reports should include results from the water use audit and steps outlined in the water conservation plan.

(2) The agency reports shall be reviewed to ensure that the most appropriate water conservation measures are implemented. The Green Buildings Council, in consultation with MDE, shall determine and approve appropriate water conservation measures. The Green Buildings Council, in consultation with MDE, will annually reevaluate the water conservation goal contained in Section A above, and may waive water conservation requirements where an agency is able to demonstrate that water conservation has been optimized and further reductions are not structurally feasible.

(3) Each year the Maryland Green Buildings Council and MDE shall submit a report to the Governor regarding the effectiveness of State agencies' water conservation measures in meeting the overall water use reduction goals.

Administrative History

Effective date: May 17, 2001 (28:12 Md. R. 1099)

COMAR 01.01.2001.02 Sustaining Maryland's Future with Clean Power, Green Buildings and Energy Efficiency

A. Clean Energy Procurement Goal.

(1) For purposes of this Executive Order, “Green Energy” is defined as energy generated from the wind, solar photovoltaic, solar thermal, biomass, landfill gas and the combustion of municipal solid waste.

(2) For the procurement of electricity for use within State owned facilities, the State of Maryland has a goal of 6% to be generated from Green Energy. No more than 50% of the total Green Energy procurement shall be derived from the combustion of municipal solid waste.

(3) In the selection of a power generation contractor chosen through the procurement process, priority consideration should be given to companies that produce green power in Maryland. The chosen contractor shall obtain certification from a State approved accreditation process that the company has met the Green Energy goal.

B. High Efficiency Green Buildings Program.

(1) The State shall develop a High Efficiency Green Buildings Program committed to utilizing energy efficient and environmentally responsible approaches in the design, construction, operations, maintenance and deconstruction of all new and, to the extent possible, existing State owned and leased facilities.

(2) There is a “Maryland Green Buildings Council” (the Council). The Council shall be Chaired by the Secretary of the Department of General Services and include:

(a) The Secretary, or a designee of the following agencies:

i. The Department of Budget and Management;

ii. The Department of the Environment;

iii. The Department of Natural Resources;

iv. The Department of Public Safety and Correctional Services;

v. The Department of Transportation;

vi. The Department of Housing and Community Development;

vii. The Department of Planning;

viii. The Maryland Energy Administration;

ix. The Public School Construction Program; and

x. The University System of Maryland.

(b) Six members appointed by the Governor to represent environmental, business and citizen interests, one of whom has expertise in energy conservation and/or production. Members appointed by the Governor shall serve at his pleasure for renewable and staggered 4-year terms.

(c) Members appointed by the Governor may not receive compensation, but may receive reimbursement for necessary and proper expenses directly related to their duties on the Council, in accordance with the Standard State Travel Regulations as provided in the State budget.

(d) Staff support to the Council shall be provided by the Department of General Services, with assistance as necessary to be furnished by other involved agencies and units of State government.

(3) The Council is charged with creating the High Efficiency Green Buildings Program. Within 180 days of its inception, the Council shall make recommendations to the Governor regarding appropriate criteria, standards and a numeric rating system (modeled after the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) Green Building Rating System and the federal Energy Star Program) for use by the Program.

(4) Upon acceptance of the appropriate criteria, standards, and a numeric rating system, the High Efficiency Green Buildings Program shall be fully adopted in the design, construction, operations, maintenance and deconstruction of new State owned and leased facilities. Reasonable effort should be made to incorporate these standards into the construction of all new facilities designed before the issuance of this executive order.

(5) For all existing State owned, leased and operated buildings, reasonable efforts shall be made to maximize the use of energy efficiency and resource conservation techniques.

(6) The Council shall also have the following additional responsibilities:

(a) The Council shall annually reevaluate the Clean Energy Procurement Goal contained in Section A above;

(b) The Council shall consider additional State energy efficiency, energy production and sustainability issues and policies;

(c) The Council shall develop a comprehensive set of initiatives known as the “Maryland Greenhouse Gas Reduction Action Plan;” and

(d) The Council shall report annually to the Governor and to the General Assembly on the efforts of State agencies in the implementation of High Efficiency Green Buildings Program goals, Clean Energy Procurement Goal, the Greenhouse Gas Reduction Plan, and other energy efficiency, energy production and sustainability issues or policies the Council may have considered.

C. Additional Energy Efficiency Goals.

(1) Energy Efficiency Improvement Goal: The State, through cost-effective energy measures, shall reduce energy consumption per gross square foot of its facilities by 10% by 2005 and 15% by 2010 relative to 2000 baseline.

(2) Renewable Energy Project Goal: The State shall expand the use of renewable energy within its facilities, including supporting the federal Million Solar Roofs program.

(3) Efficient Product Purchase Goal: The State shall purchase Energy Star products when purchasing energy-using products, including computers, printers, copiers and other office equipment, or shall purchase products in the top 25% in energy efficiency for products where labels are not available.

(4) Pollution Prevention Goal: Beginning on January 1, 2003, State agencies shall annually divert or recycle at least 20% of the waste they generate.

(5) Alternative Fuel Vehicles Goal: Consistent with the goals of the Chesapeake 2000 Agreement, the State shall revise fleet policy and purchasing guidelines to offer more flexibility in purchasing, where practical, low emission and alternative fuel vehicles for its fleet. The State shall ensure that for fleet units operating bi-fuel or flex-fuel vehicles (vehicles that operate on either motor gasoline or an alternative fuel, as defined by the Federal Energy Policy Act) an average of 50% of the fuel used by those vehicles shall be alternative fuel. The State shall help develop the refueling and maintenance infrastructure required to make certain types of alternative fuel vehicles practical and may provide technical assistance and other incentives to use clean technology, where practical, in State transit fleets.

Administrative History

Effective date: March 13, 2001 (28:7 Md. R. 675)

01.01.1999 Executive Orders 1999

COMAR 01.01.1999.30 PROTOCOL FOR THE MARYLAND STATE FLAG (Amends COMAR 01.01.1990.05)

Note: The following protocol provides guidelines for the proper display of the Maryland flag. Those provisions followed by a reference to the Annotated Code of Maryland are based on statutes, and violations of them may carry legal penalties.

DESCRIPTION AND CARE:

1.01 The Maryland flag was adopted as the State flag by an Act of the General Assembly in 1904 (Maryland Code, State Government Article, Section 13-201).

1.02 The Maryland flag is divided into four quarters. The first and fourth quarters consist of six vertical bars alternately yellow (representing gold) and black with a diagonal band on which the colors are reversed. The yellow and black quarters represent the family arms of the first proprietor of Maryland, George Calvert, 1st Lord Baltimore. The second and third quarters consist of a quartered field of red and white (representing silver) bearing a Greek cross with arms terminating in trefoils. The colors in the second and third quarters alternate, with red being on the white ground and white on the red. The red and white quarters display the arms of Lord Baltimore's maternal family, the Crosslands (Maryland Code, State Government Article, Section 13-202).

1.03 The diagonal band in each Calvert quadrant of the Maryland flag should be centered at the corners.

1.04 The red and yellow colors in the Maryland flag should conform to the following Pantone Marking System colors:

| red on coated stock | PMS 201 | | --- | --- | | red on uncoated stock | PMS 193 | | yellow on coated stock | PMS 124 | | yellow on uncoated stock | PMS 124 |

1.05 The Maryland flag should be folded and stored in a way to preserve it from damage.

1.06 When the condition of a Maryland flag is such that it is no longer a fitting emblem of display, it should be disposed of in the same manner as the U.S. flag, preferably by burning, and with the same dignity as is accorded the disposal of the U.S. flag.

1.07 The Maryland flag in its present form was not flown until after the Civil War. When a Maryland banner for pageants, reenactments, commemorations, and other historical occasions is desired, it may consist of the yellow and black Calvert colors displayed as in the first quarter of the Maryland flag. Two pennants, one black and the other yellow, flown on separate staffs may also be appropriately used for historical commemorations and events.

PROPER DISPLAY:

2.01 The Maryland flag should always be raised briskly and lowered slowly and ceremoniously.

2.02 The Maryland flag shall be flown with the black stripe on the diagonal band of the first quarter at the top of the flagstaff (Maryland Code, State Government Article, Section 13-204).

2.03 Only a gold cross bottony may be used as an ornament on the top of a flagstaff that carries the Maryland flag (Maryland Code, State Government Article, Section 13-203).

2.04 The Maryland flag should be displayed on State holidays and on historic and special occasions.

2.05 Except as provided in Section 4.02, the Maryland flag should not be displayed outdoors earlier than sunrise or later than sunset. When a patriotic effect is desired, however, the Maryland flag may be displayed 24 hours a day if directly illuminated during the hours of darkness.

2.06 Except as provided in Section 4.02, the Maryland flag should not be displayed on days when the weather is inclement, unless an all-weather flag is displayed. An all-weather flag is made from colorfast material.

2.07 The Maryland flag should be displayed on or near the main administration building of every State facility.

2.08 The Maryland flag should be dipped as a mark of honor to the U.S. flag, or to the national anthem if the U.S. flag is not being displayed. When the Maryland flag is dipped, care must be taken that it does not touch the ground or floor.

2.09 The Maryland flag may be dipped as a matter of courtesy to the flag of another nation, or to its national anthem if the flag is not being displayed.

2.10 The Maryland flag should not be carried flat or horizontally but always aloft and free, as it is carried in a parade.

2.11 When the Maryland flag is displayed on a float in a parade, the flag should always be attached securely to a staff so it can fly freely.

2.12 The Maryland flag should not be draped over the hood, top, sides, or back of any vehicle, or on any railroad train, boat, or airplane.

2.13 The Maryland flag should never be used to cover a platform or speaker's desk, or as a drape for the front of a speaker's platform. Bunting of yellow and black (or red and white) may be used.

2.14 When displayed over the middle of a street, the Maryland flag should be suspended with the first and third quarters at the top, and with the first quarter to the flag's own right (the observer's left). When the Maryland flag and the U.S. flag are displayed together over the middle of a street, both flags should be suspended vertically and at the same level. The Maryland flag should be approximately the same size as, and never larger than, the U.S. flag. The U.S. flag should have the union to the north in an east and west street, or to the east in a north and south street. The Maryland flag should be suspended as described above, with the first quarter to the north in an east and west street, or to the east in a north and south street.

2.15 When the Maryland flag is displayed in any manner other than by being flown from a staff, it should be displayed flat, whether indoors or out. When the Maryland flag is displayed either horizontally or vertically against a wall, the first quarter should be at the top and to the flag's own right (the observer's left). When the U.S. flag and Maryland flag are displayed together against a wall, the U.S. flag should have the position of honor on the flag's own right (the observer's left), with the union uppermost and to the flag's own right (the observer's left). The Maryland flag should be displayed as described above, with the first quarter uppermost and to the flag's own right (the observer's left). When displayed with the U.S. flag against a wall, the Maryland flag should be approximately the same size as, and never larger than, the U.S. flag, and it should be suspended at the same height as, and never higher than, the U.S. flag.

DESECRATION:

3.01 The Maryland flag should be accorded the same respect as the U.S. flag.

3.02 A person may not intentionally mutilate, deface, destroy, burn, trample upon, or otherwise use a flag:

(1) In a manner intended to incite or produce an imminent breach of the peace; and

(2) Under circumstances likely to incite or produce an imminent breach of the peace (Maryland Code, Article 27, Section 83).

3.03 The Maryland flag should not be allowed to touch anything beneath it, such as the ground, the floor, water, or merchandise.

3.04 The Maryland flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.

3.05 No person shall, in any manner, for exhibition or display:

(a) Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag . . . authorized by any law of the United States or of this State; or

(b) Expose to public view any such flag . . . upon which shall have been printed, painted or otherwise produced, or to which shall have been attached, appended, affixed or annexed any such word, figure, mark, picture, design, drawing or advertisement; or

(c) Expose to public view for sale, manufacture, or otherwise, or to sell, give or have in possession for sale, for gift or for use for any purpose, any substance, being an article of merchandise, or receptacle, or thing for holding or carrying merchandise, upon or to which shall have been produced or attached any such flag . . . in order to advertise, call attention to, decorate, mark or distinguish such article or substance (Maryland Code, Article 27, Section 82).

3.06 The prohibition against use of the Maryland flag outlined in 3.05 shall not apply to any act permitted by the statutes of the United States (or of this State) or by the United States Army and Navy regulations, nor shall it apply to any printed or written document or production, stationery, ornament, picture, apparel or jewelry whereon shall be depicted said flag . . . with no design or words thereon and disconnected with any advertisement (Maryland Code, Article 27, Section 84).

3.07 The Maryland flag itself should not be made into or be used as wearing apparel, bedding, or drapery, nor should the Maryland flag be cut, torn, or otherwise disfigured to create wearing apparel, a costume, or athletic uniform.

3.08 A lapel pin bearing a replica of the Maryland flag should be worn only on the left lapel near the heart.

3.09 Under the auspices of a State-sponsored program, design elements from the Maryland flag may be used in graphics, displays, or designs intended to promote Maryland and to encourage an appreciation for the State and its people.

DISPLAY WITH OTHER FLAGS:

4.01 When the Maryland flag is displayed within the State of Maryland, it should occupy the position of honor (to the flag's own right, or the observer's left) after the U.S. flag and the flag of any other nation, and before the flags of other states, Maryland counties and Baltimore City, municipalities, and public or private organizations. The positions of honor in a display of flags are:

U.S. flag in the position of highest honor (the observer's extreme left or the highest point in a grouping of flags).

the flag or flags of other nations ranked in alphabetical order.

the Maryland flag.

the flags of other states, ranked in an order determined by the respective state's date of ratification of the U.S. Constitution or date of admission to the Union. In national events or ceremonies honoring the nation or the U.S. flag, the Maryland flag may occupy the seventh position among the flags of the states in recognition of its order as the seventh state to ratify the U.S. Constitution.

the flags of Maryland counties (with Baltimore City being ranked as a county for the purposes of this protocol), with the host county in the position of honor to the left (the observer's right) of the Maryland flag, followed by the other county flags ranked in an order determined by the respective county's date of creation.

the flags of Maryland municipalities, and the flags or pennants of public and private agencies, institutions, and societies ranked in an order determined at the discretion of the organizers or sponsors of the particular event.

4.02 The U.S. flag and the Maryland flag shall be flown from the State House at Annapolis continuously during sessions of the General Assembly. When the General Assembly is not in session, the U.S. flag and the Maryland flag shall be flown continuously from the State House on each day that the Governor designates as a public occasion, and on any other day, weather permitting, between sunrise and sunset (Maryland Code, State Government Article, Section 13-204).

4.03 When the U.S. flag and Maryland flag are flown from a single flagstaff, the U.S. flag should be displayed from the peak position with the Maryland flag immediately below it. The Maryland flag should be approximately the same size as, and never larger than, the U.S. flag.

4.04 When the Maryland flag and the U.S. flag are displayed on separate flagpoles, the flagpoles should be of equal height and the Maryland flag should be approximately the same size as, and never larger than, the U.S. flag. The U.S. flag should be flown from the position of honor on the flag's own right, or from the flagpole on the left as normally viewed by the observer. The Maryland flag should be flown from the second position of honor, or from the flagpole on the right as normally viewed by the observer.

4.05 At a Maryland facility located in another state, the flag of the host state may be flown on an adjacent staff of equal height. The Maryland flag and the flag of the host state should be of approximately the same size, and the Maryland flag should be flown in the position of honor (to the flag's own right, or to the observer's left) after the U.S. flag. When the Maryland flag is flown with the U.S. flag and the flag of another state at such a facility, the proper order from the observer's left is the U.S. flag, the Maryland flag, and the flag of the host state.

4.06 The U.S. flag displayed from a staff either on a speaker's platform or at floor level in a public auditorium should occupy the position of honor to the speaker's right as the speaker faces the audience. The Maryland flag displayed from a staff either on a speaker's platform or on the main floor of a public auditorium should be placed in the second position of honor to the left (the observer's right) of the U.S. flag. Both the U.S. and the Maryland flags may be to the speaker's right (the observer's left), or the Maryland flag (but not the U.S. flag) may be to the speaker's left (observer's right).

4.07 When the Maryland flag and U.S. flag are displayed from separate staffs grouped around a central point, the U.S. flag should be at the highest point of the group. The Maryland flag takes the next place of honor (on the observer's extreme left).

4.08 When displayed with the Maryland flag from crossed staffs, the U.S. flag should be on the flag's own right (the observer's left) and its staff should be in front of the staff of the Maryland flag.

4.09 When carried in a procession with the Maryland flag and other flags, the U.S. flag should be on the marching right (the observer's left) with the Maryland flag taking the next position of honor (to the observer's right). The U.S. flag can also be carried in front of and at the center of a line of flags in a procession, in which case the Maryland flag should take the next position of honor on the marching right (the observer's left) of the line.

4.10 When the U.S. and Maryland flags are flown from a cross staff, the U.S. flag flies from the peak and the Maryland flag occupies the position on the right end of the cross staff (the observer's left).

4.11 When the U.S. and Maryland flags are flown from a cross staff with a gaff, the U.S. flag flies at the gaff and the Maryland flag occupies the position on the right end of the cross staff (the observer's left). If county, city, or private flags are also flown, the next position of honor is the left end of the cross staff (the observer's right) followed by the peak of the staff.

USE DURING PERIOD OF MOURNING:

5.01 The Maryland flag should be flown at half-staff whenever the U.S. flag is so flown. Half-staff means lowering the flag to one-half the distance between the top and the bottom of the staff. When flown at half-staff, the Maryland flag should be hoisted briskly to the peak for an instant and then lowered slowly to half-staff. Before being lowered for the day, the Maryland flag should again be raised to the peak.

5.02 When the U.S. flag and the Maryland flag are flown together at half-staff, whether from adjacent staffs or from a single staff with two halyards, the U.S. flag is raised first and lowered last. When flown from a single staff with one halyard, the Maryland flag is secured to the halyard immediately below the U.S. flag and accompanies it as the U.S. flag is raised to the peak and lowered to half-staff.

5.03 By order of the Governor or his authorized representative, the Maryland flag shall be flown at half-staff upon the death of present or former government officials or state and national leaders, and on other occasions as the Governor or his authorized representative directs. The Maryland flag shall remain at half-staff for the period prescribed by the Governor or his authorized representative.

5.04 The Maryland flag should be flown at half-staff when ordered by county and municipal government officials on all property under their jurisdiction.

5.05 On Memorial Day, the U.S. flag and Maryland flag are displayed at half-staff until noon only; then they are hoisted to the top of the staff.

5.06 The Maryland flag may be used to cover the coffin of a State police officer killed in the line of duty, or any other State official or public servant who devoted a substantial part of his or her career to public service in the State. When the Maryland flag is used to cover a casket, it should be placed so that the first quarter is at the head and over the left shoulder. The Maryland flag should not be lowered into the grave or allowed to touch the ground.

5.07 During periods of official mourning, the Maryland flag may be draped with crepe when it is not possible to display the flag at half-staff. When so ordered by the Governor or his authorized representative, the staff of the flag shall display black crepe attached to the staff below the cross bottony. The crepe shall be tied into a bow with the ends forming streamers of equal length.

USE OF THE U.S. ENSIGN AND MARYLAND FLAG ON RECREATIONAL BOATS:

Note: This section does not cover the use of yacht club burgees, owners' private signals, U.S. Power Squadron flags, U.S.C.G. Auxiliary flags, foreign flags, or social and courtesy flags. Rules for these are well-established and may be found in existing literature. The U.S. Ensign with a canton of 50 stars (as the U.S. flag is called while in nautical use) and the U.S. Yacht Ensign, with a canton of 13 stars, are interchangeable on all types of recreational vessels while in national waters. Because the preferred location for the U.S. Power Squadron flag is also the starboard spreader, it may be flown beneath the Maryland flag.

6.01 The U.S. Ensign and the Maryland flag are normally flown from sunrise to sunset. However, at most yacht clubs “colors are made” at 0800 hours. This timing is proper when in the company of other boats simultaneously making colors. The U.S. Ensign is flown first and lowered last.

6.02 If the Maryland flag is flown on sailing vessels:

Sloops, cutters, and schooners

While under way—Sailing vessels with one mast should fly the U.S. Ensign at the stern staff, or two-thirds of the way up the leech of the mainsail (or at the top of leech, if gaff-rigged). The Maryland flag should fly at the starboard spreader, or on the forward mast of a schooner. While at anchor—The U.S. Ensign should fly from the stern staff and the Maryland flag from the starboard spreader.

Yawls and ketches

While under way—The U.S. Ensign should fly at the stern staff or at a position two-thirds up the leech of the mizzen sail (or at the peak of the leech of the mizzen sail, if gaff-rigged). The Maryland flag should fly at the starboard spreader (“at the starboard spreader” means the spreader on the most forward mast if more than one and from the most outboard hoist of that spreader). While at anchor—The U.S. Ensign should fly from the stern staff and the Maryland flag from the starboard spreader.

6.03 If the Maryland flag is flown on motorboats:

While under way and at anchor—The U.S. Ensign should fly from the stern staff, and the Maryland flag may be flown from the forestaff in lieu of a yacht club burgee.

Motorboats with auxiliary masts should follow the rules for sailboats.

Administrative History

Effective date: March 26, 1990 (17:8 Md. R. 960)

Amended effective September 13, 1999 (26:22 Md. R. 1659)

01.01.1998 Executive Orders 1998

COMAR 01.01.1998.25 Domestic Violence and the Workplace

A. That each department and agency of the State of Maryland shall within the next year adopt policies and procedures which:

(1) Clearly direct that State agencies will not tolerate domestic violence;

(2) Instruct employees on how to offer assistance to domestic violence victims in an expedient, meaningful and confidential manner;

(3) Provide for the conspicuous posting of information about domestic violence and available resources;

(4) Provide for domestic violence awareness training for employees; and

(5) Prohibit unfair treatment of employees by the employers based solely on their status as victims of domestic violence.

B. The provisions of this Executive Order are not intended to alter any existing collective bargaining agreements or to supersede applicable federal or State law.

Administrative History

Effective date: October 1, 1998 (25:23 Md. R. 1684

COMAR 01.01.1998.07 Debt Issued by State Entities (Rescinded COMAR 01.01.1989.13)

A. Definitions. In this Executive Order the following words have the meanings indicated:

(1) “Board” means the Board of Public Works;

(2) “Department” means the Department of Budget and Management;

(3) “Secretary” means the Secretary of the Department of Budget and Management;

(4) “State entity” means any agency or instrumentality of the State other than the Board of Public Works;

(5) “Debt” means a bond, note, bond anticipation note, capital lease, or any other evidence of indebtedness; and

(6) “Transaction” means the issuance of debt.

B. Duties of the Department of Budget and Management. The Department is assigned the responsibility for monitoring levels of debt of certain State entities. Specifically, the Department shall:

(1) Recommend to the Governor the level of annual debt issuances for certain State entities;

(2) Report annually on the levels of debt issued and outstanding by certain State agencies;

(3) Serve as the coordinating agency for issuances of debt by State agencies and instrumentalities; and

(4) Arrange for centralized procurement, when appropriate.

C. Issuance Amounts.

(1) After consultation with the State entities, each year the Department shall recommend to the Governor for the next fiscal year the amount of debt, net of refunding debt, that may be issued by each of the following entities:

(a) Maryland Environmental Service;

(b) Maryland Food Center Authority;

(d) Maryland Water Quality Financing Administration.

(2) On or before March 15 of each year, the Department shall notify the affected State entities and the Board of the amounts as set by the Governor for the next fiscal year and shall cause the amounts to be published in the Maryland Register.

(3) During the fiscal year, the Governor may increase or decrease the amounts by notice to the Department. The Department shall notify the affected State entity and the Board of any change and shall cause such changes to be published in the Maryland Register.

(4) If a State entity does not issue all of its approved amounts during the fiscal year, such unused portion may not be used in any succeeding fiscal year.

(5) The Secretary may add other State entities that issue non-tax supported debt not otherwise limited by law to those listed in §C(1) of this Executive Order.

D. Reporting Requirements.

(1) No later than October 1 of each year, each State entity that issues debt not otherwise limited in amount by State law shall report to the Department for the previous fiscal year:

(a) For each transaction, the title, amount, and other information required by the Department; and

(b) The amount of debt outstanding at the beginning of the fiscal year, issued during the fiscal year, redeemed, refunded, or otherwise retired during the fiscal year, and outstanding at the end of the fiscal year.

(2) By November 1, the Department shall report to the General Assembly, subject to the provisions of §2-1312 of the State Government Article, and to the Board on the transactions, the level of outstanding debt, and the levels of debt issued and redeemed in the preceding fiscal year.

E. Notification. Any State entity planning a transaction of $25,000,000 or greater principal amount shall provide notice to the Department at least 30 days prior to the transaction. The notice may take the form of a preliminary official statement, if available. If no such statement is available, the notice shall include:

(1) The purpose of the transaction;

(2) The proposed sale date;

(3) The nature of the transaction;

(4) The proposed principal amount of the transaction; and

(5) Any other information which the Department may request.

This notice shall be in addition to any notice required under other provisions of law or regulation.

F. Financial Services and Technical Assistance.

(1) Upon recommendation of the Governor, the Board may delegate to the Treasurer procurement of any financial services and technical assistance required in connection with the issuance of debt, but the fees for such services shall be paid from the proceeds of the transaction or other funds as provided.

(2) At the request of the Governor, the Treasurer may issue debt on behalf of a State entity.

G. Compliance with Executive Order.

(1) The Secretary may waive or extend any deadlines for action under this Executive Order, other than any action to be taken by the Governor. Any waiver or extension shall be in writing.

(2) At the request of any State entity, the Secretary shall:

(a) Certify the amount of debt that may be issued by such State entity as of the date of such certification; or

(b) Certify compliance with §E of this Executive Order.

Administrative History

Effective date: February 10, 1998 (25:6 Md. R. 391)

COMAR 01.01.1998.06 The Governor's Committee on Employment of People With Disabilities (Amended COMAR 01.01.1996.15)

A. There is a Governor's Committee on Employment of People with Disabilities within the Office for Individuals with Disabilities in the Executive Branch of the government.

B. The Governor's Committee on Employment of People with Disabilities is affiliated with the President's Committee on Employment of People with Disabilities located in Washington, D.C.

C. Staff support for the Governor's Committee on Employment of People with Disabilities shall be provided by the Office for Individuals with Disabilities.

D. The membership of the Committee shall consist of a total of 36 members including:

(1) One representative of the Department of Human Resources;

(2) Two representatives of the Department of Budget and Management, including an expert in State personnel issues;

(3) Two representatives of the Maryland State Department of Education, including a representative of the Division of Rehabilitation Services;

(4) One representative of the Executive Department Office for Individuals with Disabilities;

(5) One representative of the Senate of Maryland;

(6) One representative of the Maryland House of Delegates;

(7) One representative of the Maryland Department of Transportation;

(8) One representative of the Department of Labor, Licensing, and Regulation;

(9) One representative of the Department of Health and Mental Hygiene;

(10) One representative of the Department of Housing and Community Development;

(11) One representative of the Maryland Human Relations Commission;

(12) One representative of the Maryland Department of Business and Economic Development;

(13) Members appointed by the Governor to represent business and industry, labor, consumers, consumer advocacy groups, private agencies with disabled client populations, the news media, fraternal and religious groups, the medical community and others within the community interested in the goals and objectives of the Committee; and

(14) At least 14 members of the Committee must be individuals with disabilities.

E. Members appointed by the Governor shall serve 3-year staggered terms. A member may not serve consecutively more than 2 three-year terms. All other members shall serve so long as they continue to hold agency representation as provided under §D(1) through (12) of this Executive Order.

F. The Governor shall designate a Chairperson who shall serve at the pleasure of the Governor.

G. The Chairpersons of the County Committees on Employment of People with Disabilities shall be entitled to ex-officio membership on the Committee.

H. All members are subject to Article 41, §1-203 of the Maryland Annotated Code which contains provisions governing attendance at meetings.

I. The purpose and objectives of this Committee shall be:

(1) To promote meaningful employment opportunities for qualified individuals with mental, physical, and emotional disabilities as defined by the Rehabilitation Act of 1973 as amended;

(2) To promote a climate of public awareness and understanding of both the barriers to employment faced by people with disabilities and the laws ensuring equal opportunity to this employment; and

(3) To promote a better understanding among people with disabilities of opportunities available for habilitation and rehabilitation in order that more and more will have marketable job skills.

J. The functions of the Committee shall be to:

(1) Plan and carry out year-round education programs designed to promote a climate of public awareness and understanding of the attitudinal, architectural, educational, housing, transportation, and other barriers to employment and life quality faced by people with disabilities;

(2) Stimulate state and local community interest by securing the active cooperation and participation of such “public” entities as business and industry, labor, government, educators, public and private agencies serving people with disabilities, consumers, consumer advocates and civic organizations;

(3) Plan and carry out/or participate in special events and programs designed to highlight abilities of qualified people with disabilities and programs to facilitate employment of such persons;

(4) Encourage and facilitate the development and functioning of local committees on employment of people with disabilities;

(5) Coordinate with and participate in activities of other public and private agencies; and

(6) Cooperate with the President's Committee on Employment of People with Disabilities in programs and activities initiated at the national level.

K. The Governor's Committee on Employment of People with Disabilities shall promulgate and adopt a set of By-Laws and operating procedures that are consistent with the intent of this Executive Order and these By-Laws shall be on file in the Governor's Appointment Office.

Administrative History

Effective date: November 20, 1979 (6:25 Md. R. 1967)

Amended effective July 31, 1980 (7:17 Md. R. 1659); December 26, 1983 (11:2 Md. R . 104); October 20, 1989 (13:23 Md. R . 2468); March 11, 1987 (14:8 Md. R. 920); August 9, 1989 (16:18 Md. R. 1990); June 28, 1996 (23:15 Md. R. 1073); February 10, 1998 (25:6 Md. R. 390)

COMAR 01.01.1998.04 Smart Growth and Neighborhood Conservation Policy

A. Purpose. This Executive Order establishes the Smart Growth and Neighborhood Conservation Policy, as defined in this Executive Order and effectuates the State Economic Growth, and Resource Protection and Planning Policy mandated and adopted by the General Assembly in 1992 (Chapter 437 of the Acts of 1992).

B. Smart Growth and Neighborhood Conservation Policy. The Policy provides that:

(1) State agencies give priority to central business districts, downtown cores, empowerment zones and revitalization areas when funding infrastructure projects or locating new facilities;

(2) State agencies review, evaluate and coordinate programs, services and activities in Priority Funding Areas to enhance and support community revitalization;

(3) State agencies work with local jurisdictions to ensure that programs and activities in rural areas will sustain the character of villages in the area;

(4) State agencies encourage locating workshops, conferences and other meetings in Priority Funding Areas and support available businesses in these areas when planning such activities; and

(5) State agencies encourage federal agencies to adopt flexible regulations and standards which are more responsive to State and local policies and can be used to support the Smart Growth policies.

C. Scope and Implementation of the Policy.

(1) All State agencies will implement the Smart Growth and Neighborhood Conservation Policy established in this Executive Order and pursuant to Acts 1 and 2 (Brownfields), Acts 755 and 756 (Job Creation Tax Credit), Acts 757 and 758 (Rural Legacy), and Act 759 (Priority Funding Areas) of the Laws of Maryland 1997.

(2) The Policy will apply to all decisions made by an agency when statute or other law confers decision-making discretion to the agency.

(3) State agencies will continue to implement the State Economic Growth and Resource Protection and Planning Policy.

D. Smart Growth and Neighborhood Conservation Sub-Cabinet.

(1) There is a Smart Growth and Neighborhood Conservation Sub-Cabinet. The Sub-Cabinet will consist of the following members:

(a) Secretary of Agriculture;

(b) Secretary of Budget and Management;

(d) Secretary of the Environment;

(e) Secretary of General Services;

(f) Secretary of Housing and Community Development;

(g) Assistant Secretary of the Office of Neighborhood Revitalization;

(h) Secretary of Natural Resources;

(i) Director of the Office of Planning;

(j) Secretary of Transportation;

(k) Special Assistant to the Governor for Smart Growth; and

(l) One Additional Representative of the Governor's Office.

(2) The Director of the Maryland Office of Planning will serve as Chairman of the Sub-Cabinet and will schedule meetings. Principal staff support for the Sub-Cabinet will be provided by the Office of Planning.

(3) The Sub-Cabinet will:

(a) Assist in the implementation of the Smart Growth Policy and recommend to the Governor changes in State law, regulations and procedures needed to support this Policy;

(b) Provide a forum for discussion of interdepartmental issues relating to activities that affect growth, development, neighborhood conservation and resource management;

(c) Establish a mechanism, using the Maryland Office of Planning Parcel Mapping System, Maryland Property View, for identification and coordination of all State activities and projects within Priority Funding Areas and ensure that all State actions that influence redevelopment and growth are identified and submitted for review during project planning;

(d) Develop procedures to review projects of extraordinary circumstances as defined in §5-7B-05 of the State Finance and Procurement Article prior to submittal before the Board of Public Works;

(e) Work with the Office of Planning and the Department of Transportation to develop a procedure for notification, review and comment in accordance with §5-7B-06 of the State Finance and Procurement Article, which provides for State funding of certain projects not in Priority Funding Areas as exceptions without the approval of the Board of Public Works;

(f) Maintain, and when necessary, review and revise procedures established pursuant to §5-7A-02 of the State Finance and Procurement Article for the review of State projects and agency determinations of project consistency or inconsistency with the 1992 Growth Act; and

(g) Work together using all available resources to promote the understanding of the Smart Growth Initiatives.

E. Procedures for review and coordination of projects and activities in Priority Funding Areas.

(1) The Maryland Office of Planning will:

(a) Provide mapping and other technical assistance, as requested, to counties and municipalities when mapping certified Priority Funding Areas;

(b) Help local governments establish an opportunity for public review of proposed Priority Funding Areas prior to certification;

(c) Provide local governments a standard GIS digital protocol for use when developing the map illustrating the precise location of the certified Priority Funding Area;

(d) Consider the capacity of land areas available for growth, including in-fill development and the analysis of the land area needed to satisfy growth needs for development when commenting on Priority Funding areas certified by local governments;

(e) Provide comments to each State agency on Priority Funding Areas certified by local governments and provide State agencies with maps illustrating areas certified by local governments as Priority Funding Areas; and

(f) Establish a schedule for annual updates of the maps.

(2) All State agencies will:

(a) Refer to the maps provided by the Office of Planning when making decisions to fund projects proposed in a certified Priority Funding Area;

(b) Prior to funding a growth-related project, obtain from the affected local government a written statement that the proposed growth-related project is located within a Certified Priority Funding Area. When applicable this statement should provide documentation to demonstrate that non-State funding of planned water and sewer is committed and moving forward in advance of, or concurrent with, State funding;

(c) Assist the Office of Planning in conducting surveys of Municipal, County and State Governments infrastructure needs as Provided in §5-7b-09(b) of the State Finance and Procurement Article including information relating to the financial capacity of the affected unit of government to undertake such projects.

(3) When making funding decisions, State agencies will consider:

(a) Whether the proposed project is located in a Priority Funding Area;

(b) Whether the project will enhance or support other activities targeted by State agencies to a community within a Priority Funding Area, such as the Brownfields-Voluntary Cleanup and Revitalization Incentive Program and tax credits targeted to revitalization areas;

(c) Whether the project is located in a Designated Neighborhood in accord with the requirements of the Neighborhood Business Development Program of the Department of Housing and Community Development;

(d) Whether the project supports existing neighborhoods and communities;

(e) Whether the project will promote the use of mass transit;

(f) Whether the project is consistent with any adjacent jurisdiction's Smart Growth plans;

(g) Whether the project reduces or promotes sprawl; and

(h) Other guidelines developed by the Smart Growth and Neighborhood Conservation Sub-Cabinet.

(4) Each agency shall, where appropriate, adopt regulations implementing §5-7A-02 and §5-7B of the State Finance and Procurement Article. Each agency shall identify opportunities to modify existing regulations to carry out the purposes of this policy and the 1992 Growth Act.

(5) State agencies and the State Clearinghouse for Intergovernmental Review and Coordination Process will, when possible, coordinate review of federal projects in relation to their location in Priority Funding Areas and to encourage compliance with the Federal Executive Order 12072-Federal Space Management, which directs federal agencies to locate facilities in urban areas.

(6) The Office of Planning and the Department of Transportation will adopt procedures for the review of transportation projects as provided in §5-7B-05 of the State Finance and Procurement Article and jointly determine compliance with that section, prior to the submission of a request for funding to the Board of Public Works.

(7) The Department of Business and Economic Development will consider the jurisdiction's comprehensive plan, the location of the site in relation to available sewer and water and other Priority Funding Areas when reviewing applications for a new Enterprise Zone.

F. Procedures for Annual Reports. The Office of Planning, with the assistance of all affected State agencies, will evaluate and report annually to the Governor, the General Assembly and the State Economic Growth, Resource Protection, and Planning Commission on the implementation of the Smart Growth Policy.

(1) Agencies will provide an annual report to the Office of Planning that should include the following:

(a) A description of projects/programs and costs of activities located in Priority Funding Areas;

(b) A description of projects/programs and costs of activities funded under the exceptions allowed in §5-7B-06 of the State Finance and Procurement Article;

(c) Projects submitted to the Board of Public Works for funding outside Priority Funding Areas under the extraordinary circumstances exception in accordance with §5-7B-05 of the State Finance and Procurement Article and the impact of these projects upon this policy;

(d) A list of programs and policies reviewed and changed to ensure compliance with the Policy; and

(e) A list of projects or programs approved and funded under §2 of Chapter 759 of the Acts of 1997.

G. The Smart Growth and Neighborhood Conservation Coordinating Subcommittee. Each State agency will identify a staff person responsible for the implementation of the Smart Growth Policy. This person will be empowered to make policy recommendations and changes to ensure that the Policy is implemented throughout the agency and reflected in all future actions. This person will also serve as a member of the Smart Growth and Neighborhood Conservation Coordinating Subcommittee.

(1) Members will consist of staff designated to participate in this Subcommittee by the Secretaries and Directors of the following agencies:

(a) Maryland Office of Planning;

(b) Housing and Community Development;

(d) Environment;

(e) General Services;

(f) Aging;

(g) Human Resources;

(h) Crime Control and Prevention;

(i) Office of the Attorney General;

(j) Public School Construction;

(k) Education;

(l) Health and Mental Hygiene;

(m) Natural Resources;

(n) State Police;

(o) Juvenile Justice;

(p) Higher Education;

(q) Insurance;

(r) Budget and Management;

(s) Military Department;

(t) State Police;

(u) Labor, Licensing, and Regulation;

(v) Children, Youth, and Families;

(w) Public Safety and Correctional Services;

(x) Business and Economic Development;

(y) Office for Individuals with Disabilities;

(z) Forum for Rural Maryland;

(aa) Minority Affairs; and

(bb) Agriculture.

(2) The Subcommittee will be chaired by the Office of Planning and will meet at least quarterly. Membership may be revised to include additional units of government or reflect changes in State government.

(3) The Subcommittee will be staffed by the Office of Planning.

(4) The Subcommittee will:

(a) Develop a list of existing programs, projects and activities that will be used in Priority Funding Areas;

(b) Identify, develop and adopt methods and procedures that will coordinate these programs within targeted communities in Priority Funding Areas; and

H. This Executive Order is not intended to and may not be construed to confer any right, privilege or status on any private party cognizable by a court in any proceeding. No bond, note, debt, leasing, financing arrangement, or other debt obligation of any kind of the State, a State agency or a local jurisdiction may be deemed, held or otherwise considered to be unenforceable due to a failure to comply with the terms of this Executive Order.

Administrative History

Effective date: January 23, 1998 (25:4 Md. R. 207)

01.01.1996 Executive Orders 1996

COMAR 01.01.1996.13 Procedures for Labor-Management Relations in the Executive Branch of State Government

A. Except as provided in paragraph B., this Executive Order applies to all employees of:

(1) The principal departments within the Executive Branch;

(2) The Maryland Insurance Administration;

(3) The State Department of Assessments and Taxation; and

(4) The State Lottery Agency.

B. This Executive Order does not apply to employees of the Mass Transit Administration, as that term is defined in §7-601(a)(2) of the Transportation Article.

C. Employees of the Executive Branch shall have the right to:

(1) Organize, form, join or assist any employee organization;

(2) Bargain collectively through representatives of their own choosing;

(3) Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by any other law of the State of Maryland or this Executive Order.

D. The mediation unit of the Department of Labor, Licensing, and Regulation shall be designated by the Governor to administer this Order and shall have the power, to the fullest extent permitted by law, to do the following:

(1) Hold hearings and conduct elections;

(2) Make determinations regarding certification and decertification of exclusive bargaining representatives;

(3) Resolve other issues that may arise under this Order; and

(4) Promulgate such guidelines and establish such procedures as may be necessary for the proper implementation of this Order.

E. The following terms shall have the meanings indicated:

(1) “Collective bargaining,” to “bargain collectively,” or to “negotiate” mean the mutual obligation of the employer and the employee exclusive bargaining organization to negotiate in good faith at reasonable times and places with respect to wages, hours, and other terms and conditions of employment. The parties, upon the completion of negotiations, shall execute a written memorandum of understanding incorporating the terms of any agreement reached, and, to the extent they require legislative approval or the appropriation of funds, such terms shall be recommended to the Legislature for approval or the appropriation of funds, as may be necessary. The duty to bargain shall include the obligation to negotiate in good faith for the purpose of resolving any questions arising under an existing memorandum of understanding. Notwithstanding the foregoing, the employer shall not be required to negotiate with regard to any matter that would be inconsistent with applicable law, and the employer may negotiate and reach agreement with regard to any such matter only if it is understood that the agreement with respect to such matter cannot become effective unless the applicable law is amended to eliminate any such inconsistency.

(2) “Employee” means an individual employed by the Executive Branch, unless the individual is any of the following:

(a) A student employee;

(b) A temporary employee;

(d) A confidential employee;

(e) A managerial employee;

(f) A supervisory employee;

(g) An individual in the custody of the Department of Public Safety and Correctional Services;

(h) The chief administrative or executive officer of an agency.

(3) “Confidential employee” means an employee:

(a) Who has access to confidential or discretionary information regarding the formulation of policy or procedures;

(b) Whose functional responsibilities or knowledge concerning employee relations makes the employee's membership in an employee organization incompatible with the employee's duties; or

(4) “Managerial employee” means an individual who is:

(a) Engaged predominantly in executive and management functions; or

(b) Charged with the responsibility of directing the effectuation of management policies and practices.

(5) “Professional employee” means an employee engaged in work:

(a) Predominantly intellectual and varied in character;

(b) Involving the consistent exercise of discretion and judgement in its performance;

(d) Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction in an institution of higher learning or a hospital.

(6) “Supervisor” means an individual having authority in the interest of the Executive Branch to hire, transfer, suspend, lay off, recall, promote, discharge other employees, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgement.

(7) “Temporary employee” means an individual who is employed in a temporary position for not more than 90 days.

(8) “Employee organization” means an organization in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment of such employees.

(9) “Employee exclusive bargaining representative” and “exclusive bargaining representative” mean an organization certified as the exclusive bargaining representative pursuant to the provisions of this Order.

(10) “Appropriate bargaining unit” means one of the following units:

(a) Labor and trades;

(b) Administrative, technical, and clerical;

(d) Health and human service nonprofessionals;

(e) Health care professionals;

(f) Social and human service professionals;

(g) Engineering, scientific, and administrative professionals;

(h) Public safety and security; and

(i) Sworn police officers.

F. The Secretary of Personnel, or such other official or officials as may be designated by the Governor for this purpose, shall determine the assignment of each employee to an appropriate unit, based on the employee's job classification and position. In determining the appropriateness of the assignment of an employee to an appropriate unit, the following factors shall be considered:

(1) The principles of efficient administration of government, including limiting the fragmentation of government administrative authority;

(2) The existence of a community of interest among the employees assigned to the bargaining unit;

(3) The recommendations of the parties involved.

G. The official or officials designated by the Governor to administer this Order may certify an employee organization as the exclusive bargaining representative of the members in an appropriate bargaining unit when the employee organization has been selected by a majority of those voting in a representation election conducted among the employees in the unit. Such official or officials shall have the authority to resolve any objections to the conduct of any representation election held pursuant to this Order; provided, that in any election involving more than one employee organization, such organizations can agree, subject to the approval of such officials, that disputes regarding specified issues will be resolved by an impartial third party arbitrator selected in accordance with such agreement, and the decision or decisions of such arbitrator shall be final and binding on such organizations; and provided further, that any such agreement shall provide that the costs of the arbitrator shall be shared equally by the employee organizations involved.

H. An employee organization may petition for certification by submitting a petition for representation to the official or officials designated by the Governor to administer this Order. The petition must be accompanied by a showing of interest supported by 30 percent of the employees in the appropriate unit indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining. No petition for certification may be filed prior to August 21, 1996.

I. Within 5 days of determination that valid petition has been submitted, the official or officials designated by the Governor to administer this Order shall notify interested employee organizations on the pending election petition.

J. Any interested employee organization that wishes to intervene must submit a petition of intervention which must be accompanied by a showing of interest supported by 10 percent of the employees in the appropriate bargaining unit indicating their desire to be exclusively represented by the intervenor for the purpose of collective bargaining, which petition must be filed within 15 days of notice of the pending election petition.

K. An election under this Order shall be held in any unit within 90 days after the filing of a valid petition for election in such unit in accordance with guidelines established by the official or officials designated by the Governor to administer this Order. In any initial representation election conducted pursuant to this Order, the choice of “no representative” shall appear on the ballot. In the event that none of the alternatives listed on the ballot receives a majority of the valid ballots cast in any initial representation election held pursuant to this Order, a run-off election shall be held between the two choices that received the highest number of votes cast in the initial election.

L. Certification of an employee exclusive bargaining representative shall continue so long as such organization satisfies the criteria of this Order and subsequent guidelines applicable to certification. A petition to decertify an existing exclusive bargaining representative may be filed in the same manner as a petition for certification, as provided in paragraph H. of this Order, except that no decertification petition may be filed for any bargaining unit if:

(1) An exclusive bargaining representative for that bargaining unit has been certified within the preceding 2 years; or

(2) The bargaining unit has in effect a valid memorandum of understanding that, by its terms, does not exceed 3 years in duration; provided, that the limitation imposed by this paragraph shall not bar the filing of a decertification petition within the 90-day period immediately preceding the expiration of such memorandum of understanding.

M. If a decertification petition is filed, the existing exclusive bargaining representative shall be deemed an intervenor on that petition and will not be required to submit the showing of interest that would otherwise be required by paragraph J. of this Order. Nothing in this paragraph shall require that a representation election be conducted in any unit within 12 months after a valid election with respect to such unit had been held pursuant to the provisions of this Order.

N. Certification of an employee exclusive bargaining representative shall not preclude any employee or group of employees, regardless of employee organization membership, from bringing matters of personal concern to the attention of appropriate officials with a representative of his/her own choosing in a grievance proceeding held pursuant to a memorandum of understanding.

O. An employee organization certified as the exclusive bargaining representative of employees of an appropriate bargaining unit shall be:

(1) Entitled to speak on behalf of all employees in the unit and shall be responsible for representing the interests of all such employees without discrimination and without regard to employee organization membership;

(2) Exclusively permitted to have organizational membership dues collected by payroll deduction upon signed written request of employee conforming to law; except that any other organization that qualifies for payroll deduction of dues pursuant to §6-402 of the State Personnel Article of the Annotated Code of Maryland shall continue to be eligible to receive payroll deduction of dues for as long as it remains so qualified; and

(3) Entitled to meet and negotiate with the Governor or the Governor's designee on wages, hours, and working conditions in an effort to reach an agreement subject to the approval of the Governor.

P. Managerial and supervisory employees are directed to refrain, to the fullest extent permitted by law, from:

(1) Interfering with, restraining, or coercing Executive Branch employees in the exercise of rights granted by this Order;

(2) Interfering with, restraining, or coercing an Executive Branch employee with respect to selecting a representative for purposes of negotiating collectively or the adjustment of grievances;

(3) Refusing to bargain collectively with the employee exclusive bargaining representative as required in this Order; or

(4) Refusing to negotiate in good faith or to execute or implement any memorandum of understanding negotiated pursuant to this Order.

Q. It shall be a violation of this Order for any employee organization which has been certified as the exclusive representative of employees under this Order to engage in a strike or work stoppage against the State of Maryland. An employee organization shall forfeit its status as the exclusive representative of employees under this Order if the organization engages in a strike or work stoppage against the State of Maryland.

R. This Order may be revoked or amended by the Governor at any time.

S. The provisions of this Order shall in no way diminish or infringe any rights, responsibilities, power or duties conferred by the Constitution of the State of Maryland and the Annotated Code of Maryland.

T. In the event that a challenge to any provision of this Order results in a judicial determination that such provision is contrary to law, such provision shall be deemed separable from all other provisions of this Order.

Administrative History

Effective date: May 24, 1996 (23:13 Md. R. 923)

COMAR 01.01.1996.07 Maryland Charity Campaign for State Employees and Retirees (Amended COMAR 01.01.1993.01)

A. Administration.

(1) The Maryland Charity Campaign for State Employees and Retirees (“the Campaign”) shall be administered on an annual basis by the Secretary of State in conformity with the provisions of Executive Order No. 01.01.1983.03 issued on January 24, 1983, as may be amended, which are not inconsistent with this Order.

(2) The Secretary of State shall develop instructions and procedures applicable to voluntary charitable organizations which may desire to participate in the Campaign in accordance with the eligibility criteria set forth herein.

(3) The Secretary of State shall select a qualified operating agency and execute an agreement with such agency for the conduct of the Campaign in accordance with the provisions of this Executive Order.

B. Solicitation Period.

(1) Solicitations of current and retired State employees shall be limited to a 10-week period in the fall of each year.

(2) The heads of all boards, commissions, agencies and departments of State government shall cooperate with the Secretary of State and the operating agency to promote the efficient conduct of the Campaign and to ensure that employee participation in the Campaign is clearly voluntary and free of coercion.

C. Eligibility Criteria. In order to be designated as a participating agency in the Campaign, a charitable organization shall apply to the Secretary of State and shall:

(1) Operate in compliance with all applicable federal, State, and local laws;

(2) Operate under currently valid articles of incorporation or other organizing instrument and by-laws or other governing instrument; a copy of each being submitted with the application, if not already filed with the Secretary of State as part of a prior application or registration;

(3) Hold and maintain a currently valid designation by the Internal Revenue Service (I.R.S.) as a §501(C)(3) organization, and be eligible to receive tax deductible contributions under Section 170 of the Internal Revenue Code; a copy of the I.R.S. designation letter being submitted with the application to the Secretary of State, if not already filed, as part of a prior application for registration;

(4) Submit a duplicate copy of its I.R.S. Form 990 for its most recently completed fiscal year; or if not required by I.R.S. to file a Form 990, a copy of a financial report on a form provided by the Secretary of State, signed and certified by its chief executive officer;

(5) State and certify the percentage of its total revenue from the preceding fiscal year which was spent on management and fund-raising expenses;

(6) If the percent of revenue spent by a charitable organization on management and fund-raising expenses exceeded 25 percent, submit a statement demonstrating that its expenses for these purposes were reasonable under all the circumstances in its case;

(7) Submit a copy of its current operating budget signed and certified by its chief executive officer;

(8) Demonstrate that it has provided a significant level of service to the residents of the State of Maryland or to those in need of such services in other countries for a period of not less than two years immediately preceding the calendar year of the Campaign. Agencies providing services in other countries must provide evidence of financial support from Maryland residents within the past five years;

(9) Certify that it will use funds from the Campaign solely for the provision of services to the residents of the State of Maryland, or to people in other countries, including reasonable administrative costs of these programs;

(10) Beginning with the 1997 Campaign, certify the amount of money received from the most recent Maryland Charity Campaign, and certify how that money was spent to provide services to residents of Maryland or to people in other countries;

(11) Have a majority of its governing body serving without compensation; and

(12) Make available to the public upon request its annual financial report.

D. Technical Assistance and Reconsideration of Application.

(1) The Secretary of State may call upon the operating agency for technical assistance in the administration of the Campaign.

(2) An agency which submits an application for participation in the Campaign which is denied by the Secretary of State may within 10 days of the denial submit a petition for reconsideration. The Secretary of State's disposition of the petition shall be conclusive and final.

E. Operating Agency Criteria. The operating agency shall:

(1) Demonstrate its administrative capability to manage and operate an extensive fund-raising campaign among the State's current and retired employees in an efficient manner;

(2) Demonstrate its financial capability to manage and operate a fund-raising campaign in an efficient manner yielding contributions comparable to those made by State employees and retirees in the past;

(3) Demonstrate its public accountability by certifying that it annually submits to a financial audit by a certified public accountant; make its audited financial statement, or a summary thereof, available to the public upon request; provide evidence that it has engaged in sound management practices that indicate that contributions donated by the public have been utilized with the utmost integrity; and

(4) Demonstrate that it has established a broad base of community support in the State and has established ongoing and cooperative relations with a significant number of the State's charitable organizations.

F. Operating Agency Responsibilities. The operating agency shall:

(1) Promote and publicize the Campaign among the State's current and retired work force;

(2) Publish brochures, informational materials and related matters sufficient for each potential contributor to fairly identify the participating agencies and their principal activity or charitable purpose(s), and the methods to be used for indicating the dollar amount of payroll deduction they wish to contribute;

(3) Cooperate with the Office of the Comptroller, Central Payroll Division and comply with its payroll deduction policies and procedures;

(4) Distribute contributions to participating agencies in accordance with the expressed intention of contributors; and

(5) Agree to the review of its financial activities by authorized representative of the State of Maryland, and, within 180 days of the close of a Campaign, submit to the Secretary of State a complete audited financial statement prepared in accordance with the standards of accounting and financial reporting for voluntary health and welfare organizations.

G. Undesignated Gifts. Where contributors do not specify one or more participating agencies as the beneficiary of their gift, or when a designated participating agency ceases to operate, the operating agency shall distribute such contributions in accordance with policies and programs of the Secretary of State, as described in Campaign literature.

H. Accountings. The Secretary of State or the operating agency may require from participating agencies an accounting of the programmatic and financial utilization of Campaign funds.

I. Disqualification. The Secretary of State may delete from the list of approved participating agencies those charitable organizations which fail to establish and maintain compliance with the provisions of this Executive Order and with the criteria, instructions and procedures of the Secretary of State.

Administrative History

Effective date: April 13, 1984 (11:9 Md. R. 785)

Sections 3 and 4 amended effective March 26, 1985 (12:8 Md. R. 795)

Amended effective February 21, 1992 (19:6 Md. R. 652); January 11, 1993 (20:3 Md. R. 210); February 26, 1996 (23:6 Md. R. 422)

01.01.1995 Executive Orders 1995

COMAR 01.01.1995.25 Consolidation of Chesapeake Bay Communications

A. The Chesapeake Bay Communications Coordinating Office, its positions, appropriations, and assets now located in the Executive Department are hereby transferred to the Department of Natural Resources.

B. The Department of Natural Resources shall:

(1) Coordinate State communication plans as outlined in the Maryland Chesapeake Bay Communication Plan;

(2) Cooperate with the Executive Department and the Departments of Agriculture and Environment to promote public information, education, and participation activities designed to involve citizens in restoring the Chesapeake Bay; and

(3) Develop media campaigns to increase public awareness and participation in the cleanup of the Chesapeake Bay.

Administrative History

Effective date: October 6, 1995 (22:22 Md. R. 1649)

COMAR 01.01.1995.20 Potomac River Fisheries Commission

NOW, THEREFORE, I, PARRIS N. GLENDENING, GOVERNOR OF THE STATE OF MARYLAND, PURSUANT TO THE AUTHORITY VESTED IN ME BY CHAPTER 589 OF THE ACTS OF THE GENERAL ASSEMBLY OF 1994, HEREBY PROCLAIM THAT CHAPTER 589, AS CODIFIED IN SECTION 4-306 OF THE NATURAL RESOURCES ARTICLE, IS VALID AND EFFECTIVE.

Administrative History

Effective date: July 19, 1995 (22:16 Md. R. 1209)

01.01.1994 Executive Orders 1994

COMAR 01.01.1994.25 Grievance Procedure—State Employees

A. The DOP may be made a party in a grievance when the appointing authority, in its decision at the conclusion of the first step of the grievance proceeding, pursuant to State Personnel and Pensions Article, §10-207(c), states that the DOP has taken an action adverse to the employee.

B. In cases where the DOP has been named as a party by the appointing authority under paragraph A, the employee may submit the grievance to the second step of the grievance process, pursuant to State Personnel and Pensions Article, §10-208(a), and name the DOP as a party at that step. When the DOP has been named as a party, the grievant's department or unit head shall hold a conference with the grievant and a representative of the DOP. The decision of the grievant's department or unit head shall identify any areas of disagreement between the grievant, the appointing authority, and the DOP that have not been resolved.

C. If the DOP has been named as a party under the terms of paragraphs A and B of this Order, the DOP may be named a party at step three of the grievance process.

D. Whenever the DOP has been named a party under this Order, the DOP, the appointing authority, and the grievant shall make every effort to resolve the grievance at the lowest level possible of the grievance process.

E. Nothing in this Order shall be construed to expand the scope of issues that are grievable or of the jurisdiction of the Secretary of Personnel (or of the Office of Administrative Hearings under a delegation of authority from the Secretary) to hear and decide grievances.

F. Officers and employees of the State may assist the Secretary of Personnel as deemed necessary by the Secretary to accomplish the purposes of this Order. Nothing in this Order shall be construed as modifying the authority of the Secretary to establish policy in personnel matters or the duty of officers and employees of the State in assisting the Secretary in carrying out State personnel laws and policies.

G. The Secretary of Personnel and the appointing authorities shall take all actions necessary or desirable to implement this Order.

Administrative History

Effective date: September 8, 1994 (21:20 Md. R. 1722)

COMAR 01.01.1994.12 Fetal Alcohol Syndrome

A. The Maryland State Department of Education will work with local health curriculum supervisors to increase the number of school systems that are using educational resources through organizations including, but not limited to, Blue Cross/Blue Shield, the Association of Retarded Citizens and the March of Dimes to address the growing need for staff development inservice training and classroom instruction to prevent FAS-related birth defects.

B. The Governor's Office shall design and distribute a poster that expresses the risk of FAS to pregnant women. The poster shall be distributed to various locations aimed at increasing women's awareness of FAS. The locations shall include restaurants, bars, liquor stores, and schools.

Administrative History

Effective date: May 16, 1994 (21:12 Md. R. 998)

COMAR 01.01.1994.06 State Agencies—Internal Audits

A. The appointing authority of each agency that currently performs internal audits shall:

(1) Designate an individual to act as a chief internal auditor;

(2) Implement an effective program of internal audits that includes, as the agency head determines to be necessary, professional and support staff that have the technical proficiency and educational background appropriate for the performance of audits; and

(3) Seek from the Legislature sufficient funding to cover the related costs incurred by the agency in the performance of these duties.

B. The chief internal auditor of an agency shall:

(1) Report directly to the agency head;

(2) Develop an annual audit plan to carry out internal audits;

(3) Provide written policies and procedures to guide the performance of internal audits;

(4) In conjunction with the Committee on Fraud, Waste, and Abuse's biannual self-assessment evaluation, maintain an ongoing internal quality assurance program to evaluate the operation of internal audits;

(5) Prepare internal audit reports that shall:

(a) Be submitted to the Governor and agency head; and

(b) Be available for review, except for any part of a report that is privileged from disclosure under the Public Information Act;

(6) Conduct follow-up reviews of internal audit findings to ascertain that appropriate action has been taken on findings contained in internal audit reports; and

(7) Make available and coordinate a continuing professional education program to ensure that the agency's internal auditors have access to current information concerning internal audit policies, procedures, and techniques and to provide general technical and audit assistance to the agency's internal auditors.

C. Each agency that performs internal audits shall establish a program that is conducted in accordance with internal auditing standards.

D. The chief internal auditor and the internal audit staff, shall:

(1) Subject to the approval of the appointing authority, have access to all personnel and any data, records, and other information of the State agency that the chief internal auditor deems necessary to carry out the internal audit; and

(2) Maintain the confidentiality of any public records that are made confidential by law and be subject to the same penalties as the custodian of the public records for a violation of a confidentiality law applicable to the records.

Administrative History

Effective date: February 4, 1994 (21:5 Md. R. 313)

01.01.1993 Executive Orders 1993

COMAR 01.01.1993.33 Alcohol and Tobacco Advertising on Property Owned or Leased by the Mass Transit Administration of the Maryland Department of Transportation

A. Advertising Policy. The Mass Transit Administration of the Maryland Department of Transportation may not permit or contract for any advertising or promotions of any kind which encourage the public to use or consume alcoholic beverages or tobacco products or any similar advertisement on any property which the agency owns, leases, or otherwise controls.

B. Existing contracts which are inconsistent with this policy shall not be renewed or extended unless contract terms are revised to reflect this policy.

Administrative History

Effective date: December 20, 1993 (21:1 Md. R. 14)

COMAR 01.01.1993.28 State Employee Payroll Deductions (Amended COMAR 01.01.1986.14)

A. General Limitations on Voluntary Deductions.

(1) Voluntary deductions are provided by the State for the benefit of a reasonable number of employees. Voluntary deductions must be within the capacity of the Central Payroll Bureau's system that serves the employees and must conform to the Central Payroll Bureau's forms and procedures. When the net amount payable to the employee is not sufficient to cover all of the voluntary deductions, deductions will be made in accordance with the sequence of the items listed in Section B.

(2) All permitted voluntary deductions made on behalf of an employee organization or association (including deductions for insurance programs sponsored by the organization or association) will be provided at no charge as long as only one deduction is used. If additional deductions are requested by an organization or association, it will be required to pay a reasonable charge established by the Central Payroll Bureau taking into account personnel, computer and material costs.

(3) No Department, Board, Commission, or Agency (hereafter referred to as Agency), may authorize solicitation of employees for insurance purposes at the place of employment unless the soliciting agents represent an approved employee organization or association. Payroll deductions shall not be authorized for any insurance premiums which are not included in one of the categories within Section B. Twice a year on a day selected by the Agency, representatives of employee organizations or associations and their insurance agents may be permitted to establish information desks centrally located convenient to State employees for soliciting and giving information about insurance programs. The information desks may be made available to State employees before or after working hours and during lunch and break periods.

(4) Employees shall request all voluntary payroll deductions in writing on Central Payroll Bureau approved forms and all subsequent changes or cancellations shall similarly be in writing on an approved form.

(5) The Central Payroll Bureau shall be held harmless if it deducts, amends or cancels payroll deductions, in accordance with the written request of the employee. All disputes regarding payroll deductions, including refunds and missed deductions, are a matter between the employee and the organization or association receiving the deduction.

(6) Contractual employees are only afforded voluntary deductions for deferred compensation, United States Savings Bonds, Maryland Charity Campaign for State Employees and Retirees, and contributions to labor organizations or associations of management officials which meet the criteria of Section B(9) of this Order.

B. Categories of Voluntary Deductions Permitted by the State of Maryland.

(1) Health Insurance Premiums. The State offers a health program for its employees in certain categories. The premiums for this program are subsidized by the State as directed by the Secretary of Personnel. Deductions are initiated by the employee through the employee's Agency personnel office.

(2) Dependency Support. Deductions for alimony and child support have previously been available only pursuant to a Court Order. In order to avoid the cost of Court Orders to the employee and the State, the State will also honor voluntary deductions for dependency support when the employee enters into an agreement with a support enforcement agent of the Department of Human Resources and it is within the capacity of the Central Payroll Bureau to process the deduction.

(3) Deferred Compensation. The Maryland State Employees Deferred Compensation Program is administered by a Board of Trustees and includes a variety of options, including a savings account, fixed annuity, variable annuity, mutual fund and life insurance. Deductions are initiated, changed or cancelled through the Plan Administrator, currently the Public Employees Benefit Services Corporation.

(4) State Employees Credit Union and MTA Employees Credit Union, Inc. The State encourages savings by its employees, making available deduction for the Credit Unions chartered to serve its employees, retirees, and their dependents. Deductions are initiated, changed or canceled as follows:

(a) Except as provided in item (b) of this paragraph, for State employees, through the State Employees Credit Union; and

(b) For Mass Transit Administration employees of the Department of Transportation, through the State Employees Credit Union and the MTA Employees Credit Union, Inc.

(5) The Maryland Charity Campaign for State Employees and Retirees. The State sponsors a single annual Maryland Charity Campaign for State employees and retirees and makes payroll deduction available for this purpose. The deduction for each annual contribution is made available under the following conditions:

(a) The annual contribution is to be deducted over a term of one year beginning with the first pay period which begins in January or the initial date of employment, if later, and ending with the last pay period which begins in December.

(b) An equal amount is to be deducted each pay period.

(d) The employee shall be informed of these restrictions before the deduction is requested.

(e) The employee may voluntarily discontinue the deduction at any time, but a discontinued deduction may not be reinstated.

(6) United States Savings Bonds. The State of Maryland cooperates with the United States Treasury Department in making payroll deductions available for up to three different United States Savings Bonds.

(7) Tax Deferred Annuities and Disability Plans. The State of Maryland offers to employees of the institutions of higher education various tax deferred annuities, life insurance plans and disability plans that have been approved by Morgan State University, St. Mary's College of Maryland, the Maryland Higher Education Commission, or the Board of Regents of the University of Maryland System. In addition, the Maryland State Retirement Systems also offer a tax deferred annuity. No expansion in these deductions is permitted without the concurrence of the appropriate governing body and the support of the Central Payroll Bureau.

(8) Insurance Afforded to Federal Civil Service Employees. The State of Maryland affords an insurance payroll deduction to Federal Civil Service employees who are currently paid by the State since it is a condition of their employment.

(9) Deductions for Employee Organizations and Associations. Subject to the general limitations stated in this Order, any employee labor organization or association of management officials or supervisors is entitled to payroll deduction privileges provided the organization or association meets all of the following criteria:

(a) It is organized for purposes other than obtaining insurance coverage.

(b) It serves the interest of employees and the State as an employer as certified by the Secretary of Personnel.

(d) In order to provide payroll deduction to small organizations or associations, one additional deduction per employee is allowed for an organization or association that meets the criteria of(a) and (b) above if 50% of the eligible members of the organization or association who are members of the same occupational group of employees, as determined by the Secretary of Personnel, agree to a payroll deduction. This additional deduction is subject to the general limitations stated in Section A. The Secretary of Personnel shall act as the Governor's designee for purposes of granting approval under §6-402(B)(2) of the State Personnel and Pensions Article of the Annotated Code of Maryland.

(10) Insurance Programs Sponsored by Employee Organizations or Associations. Insurance programs that require employee organization or association membership as a condition of entitlement will be paid in the same deduction as the employee organization or association unless the employee organization or association pays the charge for an additional deduction as specified in Section A(2).

(11) State University and College Fund Raising Campaigns. One deduction per employee is offered for use by any State institution of higher education for capital or annual fund campaigns that have been approved by the appropriate governing body and which are within the capability of the Central Payroll Bureau.

(12) Existing Deductions that do not Meet These Criteria. Existing organizations and associations which currently have payroll deduction privileges and do not meet the criteria of this Order will be allowed to continue payroll deduction for existing employees but will not be permitted to add new employees or to increase existing deductions.

C. Publication of Executive Order on Payroll Deductions. Copies of this Executive Order, as amended, shall be distributed to all State officials and employees and copies shall be posted in conspicuous locations in all State facilities.

Administrative History

Effective date: January 24, 1983 (10:4 Md. R. 267)

Amended effective April 1, 1985 (12:9 Md. R. 797); October 20, 1986 (13:23 Md. R. 2467); October 18, 1993 (20:23 Md. R. 1782)

COMAR 01.01.1993.24 Maryland Statewide Independent Living Council

A. There is a Maryland Statewide Independent Living Council (hereafter referred to as Council), established in accordance with the requirements of Chapter I of Title VII of the Federal Rehabilitation Act, as amended (hereafter referred to as Act). The Council shall:

(1) Work in conjunction with the Maryland State Division of Rehabilitation Services in submitting, monitoring, and evaluating the implementation of the Independent Living Rehabilitation Services State Plan; and

(2) Carry out other duties as stipulated in Section 705(c) of the Act to support the implementation of the State Plan.

B. Membership and Procedures.

(1) The members of the Council shall be appointed by the Governor, and conform to the requirements of Section 705(b)(2) of the Act concerning representation and consultation with interested groups and individuals.

(2) Members currently serving on the Statewide Independent Living Council, as constituted in 1988 under the Division of Rehabilitation Services, shall serve as the Governor's initial appointees to the Council established under this Executive Order. Thereafter, future appointments shall be made in accordance with the requirements of the Act.

(3) The Council shall annually elect a chairperson from among its members.

(4) Members may serve up to two consecutive three-year terms, which shall be staggered on initial appointment. A member selected to fill a vacancy serves only for the balance of a term remaining at the time of appointment.

(5) A majority of the Council shall constitute a quorum for the transaction of business. The Council may adopt other rules and procedures to ensure the orderly conduct of business.

(6) The Division of Rehabilitation Services shall provide staffing and resources as may be determined necessary to support the operation and duties of the Council.

(7) Members of the Council may be reimbursed for reasonable and necessary expenses associated with attendance at meetings and performance of duties of the Council.

(8) The Council shall continue to operate so long as required by the provisions of the Act.

Administrative History

Effective date: September 24, 1993 (20:21 Md. R. 1633)

COMAR 01.01.1993.22 State Postsecondary Review Entity

A. The Maryland Higher Education Commission is designated as the State Postsecondary Review Entity (SPRE) under Sections 494 through 494C of the Higher Education Act of 1965, as added by the Higher Education Amendments of 1992, Pub. L. No. 102-325, 20 U.S.C. §1099a to 1099a-3, and shall perform all of the functions described therein on behalf of the State of Maryland.

B. The Commission and the Secretary of Higher Education may enter into any contracts, agreements or understandings, may adopt whatever rules, regulations or policies, and may perform all other acts necessary or appropriate to fulfill its functions as the Maryland SPRE.

C. All affected State agencies, departments, units, and employees shall cooperate fully with the Commission and the Secretary in the performance of their functions under the SPRE program.

Administrative History

Effective date: August 23, 1993 (20:19 Md. R. 1467)

COMAR 01.01.1993.20 Alternative Fueled Vehicles

A. Purchase of Alternative Fueled Vehicles.

(1) To the greatest extent practicable, and consistent with operational requirements and the provisions and requirements of this Executive Order, the State shall purchase vehicles that operate on alternative fuels in order to meet the requirements of the National Energy Policy Act of 1992.

(2) In consultation with the Alternative Fuels Work Group, the Department of Budget and Fiscal Planning shall approve for State agencies vehicle specifications in order to provide reasonable and practical options for the purchase of alternative fueled vehicles. The University of Maryland System shall approve similar specifications for the purchase of alternative fueled vehicles within the University System. Specifications are to be balanced appropriately with operating needs and budgets.

(3) The Department of General Services and the University of Maryland System shall procure, for State agencies and the University of Maryland System and its constituent institutions, respectively, approved alternative fueled vehicles and shall ensure that refueling capacity for alternative fuels is available to State agency fleets and the University of Maryland System.

(4) The Department of Budget and Fiscal Planning shall advise agencies and The University of Maryland System concerning specific applications of alternative fuels and assist agencies in specifying alternative fueled vehicles in accordance with approved specifications and guidelines.

(5) The Department of Transportation shall ensure that regulatory prohibitions to alternative fuels are reviewed and addressed.

(6) Cabinet secretaries and the heads of independent agencies shall develop goals for the introduction of dedicated alternative fueled vehicles into their agencies following the approval of vehicle specifications under Section A(1) of this Order. Such goals shall be submitted to the Director of the Maryland Energy Administration beginning with Fiscal Year 1994 and each fiscal year thereafter, and shall take into consideration the number and location of alternative fuel stations.

B. Alternative Fuels Work Group.

(1) There is established an Alternative Fuels Work Group.

(2) The Work Group shall be composed of representatives of the following agencies, to be appointed by the agency head:

(a) The Department of Budget and Fiscal Planning;

(b) The Maryland Energy Administration;

(d) The Department of General Services;

(e) The Department of Transportation;

(f) The Public Service Commission;

(g) The Department of Natural Resources;

(h) The University of Maryland System; and

(i) The Department of Agriculture.

(3) The Director of the Maryland Energy Administration shall be the chairperson of the Work Group.

(4) The Alternative Fuels Work Group shall evaluate and recommend to the Governor and the executive agencies alternative fuels for use in the State fleet, and examine issues related to the use of those fuels in the State fleet.

(5) The Department of the Environment shall provide guidance to the Alternative Fuels Work Group on the air quality benefits of various alternative fuels in various applications and otherwise assist in the achievement of a strong alternative fuels vehicle program.

(6) In implementing this Executive Order, strict compliance with all applicable air quality standards and regulations shall be maintained.

(7) The Work Group shall consult with the Comptroller of the Treasury and other State agencies as appropriate.

C. Implementation of Executive Order. The Maryland Energy Administration shall be responsible for coordinating the requirements of this Executive Order and for informing and encouraging county and local governments to join in purchasing alternative fueled vehicles from the State contract.

Administrative History

Effective date: August 3, 1993 (20:17 Md. R. 1342)

COMAR 01.01.1993.12 Regulatory Reform to Support Manufacturing and Technology-Related Industries

A. The purpose of this Executive Order is:

(1) To establish general policy guidelines for Executive agencies regarding the enforcement and enactment or modification of regulations affecting manufacturing and technology-related industries.

(2) To provide accountability mechanisms that apply to State agencies to ensure that these general policy guidelines are implemented.

B. Policy Guidelines.

(1) State agencies that regulate manufacturing and technology-related industries (regulatory agencies) shall provide opportunities for consultations with affected industries prior to publishing a proposed regulation in the Maryland Register.

(2) Agencies should make technical assistance to help businesses comply with regulatory requirements a priority service.

(3) Regulatory agencies shall, to the extent practicable, provide businesses that are first-time violators of an agency regulation, a reasonable opportunity to take corrective action rather than issue fines (unless required by Federal or State law) and shall provide appropriate guidance to assist a business in correcting the violation and avoiding future violations.

(4) When businesses are required to obtain multiple permits from, or submit to multiple inspections by, State and local agencies, regulatory agencies shall coordinate with other State and local agencies to streamline permitting and inspection processes and eliminate duplicative requirements.

(5) State agencies shall establish and maintain review and decision timetables for permit applications.

C. Accountability Mechanisms.

(1) The Departments of Environment, Licensing and Regulation, Natural Resources, and Economic and Employment Development shall form a working group to coordinate and oversee the implementation of this Executive Order.

(2) Each regulatory agency shall, by December 31, 1993, submit to the working group a technical assistance plan that examines its current capacity to provide technical assistance to affected industries, identifies the degree of unmet technical assistance, and presents a plan to address any unmet needs. This plan shall be updated and submitted to the working group by December 31 of each subsequent year.

(3) In cooperation with local officials, the working group shall identify problems and solutions in the permitting and inspection processes in State and local government agencies.

(4) Each State agency that is a part of the working group shall provide performance data on its success in meeting the review and decision timetables for permit applications that are required by this Executive Order.

(5) The working group shall ensure that the views of the affected industries and local officials are considered in its ongoing activities.

D. This Executive Order is not intended to and may not be construed to confer any right, privilege, or status on any private party cognizable by a court in any proceeding. No action of a State agency may be deemed, held, or otherwise considered to be unenforceable due to a failure to comply with the terms of this Executive Order.

Administrative History

Effective date: March 19, 1993 (20:8 Md. R. 678)

01.01.1992 Executive Orders 1992

COMAR 01.01.1992.20 Executive Agency Policy on Smoking

A. Smoking Policy. To provide a healthful environment in buildings and vehicles occupied by State of Maryland agencies and employees, all employees, clients, and visitors are expected to comply with the following:

(1) Smoking Prohibited. Except as provided in §A(3)(a), smoking or carrying any lighted tobacco product is prohibited in all State buildings and facilities, in all space leased or rented by the State, and in government operated shuttle buses.

(2) State Vehicles. State employees are strongly encouraged to refrain from smoking in State vehicles and may not smoke when other nonsmoking passengers are present in the vehicle.

(3) Facilities Housing Clients, Patients, Inmates, and Wards of the State.

(a) A State official or employee in charge of a State facility may prohibit or limit smoking by residents of the facility if:

(i) The prohibition or restriction promotes fire safety, the protection of the health of employees, or otherwise contributes to the proper management of the facility; and

(ii) The prohibition or restriction is consistent with the safety and welfare of the residents, employees, or visitors.

(b) The State official or employee in charge of a State facility shall make reasonable accommodation for an employee who objects to working in an area where smoking by residents is permitted.

(4) Leased Housing. This order does not apply to any structure located on State property that is leased or rented as a residence to a State employee or other individual who is not the responsibility of the State.

(5) Legislative and Judicial Branches of State Government. This order does not apply to the ground and first floor of the State House and spaces assigned to the legislative and judicial branches of government. However, the legislative and judicial branches are called on to establish smoke free environments in those work spaces.

B. Implementation and Enforcement of Smoking Policy.

(1) Smoking Policy Implementation Committee. The Secretary or Director of each department or agency, including all Boards, Commissions, Departments, and State Colleges and Universities, shall establish a Smoking Policy Implementation Committee.

(2) Implementation of the Smoking Policy. The Smoking Policy Implementation Committee shall develop procedures for making employees and clients aware of the policy and for providing information on smoking cessation programs to smokers who wish to quit.

(3) The Department of Personnel shall coordinate and offer smoking cessation classes throughout the State under the Club Maryland Program.

(4) Enforcement of Smoking Policy.

(a) All employees share in the responsibility for adhering to and enforcing this policy, and have the responsibility for bringing it to the attention of visitors. Each agency or department shall designate an individual in the personnel unit to address any conflicts that may arise.

(b) An employee found to be in noncompliance shall:

(i) For a first offense, be directed to the personnel unit for counseling on the provisions of this Executive Order and referral to the Wellness Program;

(ii) For a second offense, be required to attend a smoking education program offered by Club Maryland;

(iii) For a third offense, receive a written reprimand; and

(iv) For a fourth or subsequent offense, be disciplined in accordance with State progressive discipline procedures.

(c) Employee or client concerns about their treatment under this policy or problems arising from the implementation of this policy shall be resolved by the personnel unit designee with the advice and assistance of the Smoking Policy Implementation Committee. In the development of specific guidelines or the resolution of specific problems relating to the State's nonsmoking policy, the Committee shall give priority to the needs of nonsmokers.

Administrative History

Effective date: October 1, 1992 (19:20 Md. R. 1796)

COMAR 01.01.1992.11 Building Performance Standards for State Buildings

All State agencies shall utilize and apply the building performance standards set forth in the State's Model Performance Code at COMAR 05.02.01 and the State Fire Prevention Code at COMAR 12.03.01 promulgated pursuant to Article 38A, §3, of the Annotated Code of Maryland, as amended, for all construction, alteration, remodeling and renovations of all buildings that are owned, leased, operated or controlled by the State. Each State agency, however, may select the Administrative and Enforcement provisions that will be applied to a design, construction, alteration, remodeling, or renovation project..

Administrative History

Effective date: May 27, 1992 (19:12 Md. R. 1107)

01.01.1991 Executive Orders 1991

COMAR 01.01.1991.20 Conservation of Paper by Units of State Government

A. To the greatest extent practicable, within State agencies, photocopied and printed reproductions of original multi-page documents should be made utilizing both sides of a sheet of paper.

B. The head of each unit of State government shall develop and implement approved plans outlining procedures designed to achieve this goal. These plans shall also include other reasonable procedures to be implemented for the purpose of reducing paper consumption in State government.

C. The head of each unit of State government is responsible for enforcing this Executive Order and shall inform the Governor of the date the approved procedures are fully in effect within their unit.

D. Whenever economically practical, the Secretary of General Services shall insure that procurement officials specify photocopy machines which have the capability to perform two-sided photocopying.

E. The Executive Order shall be effective immediately.

F. All units of the Legislative and the Judicial Branches of Maryland State Government are invited to participate in this conservation measure.

Administrative History

Effective date: June 25, 1991 (18:15 Md. R. 1691)

COMAR 01.01.1991.19 Hour Work Week (Amended COMAR 01.01.1991.01 and 01.01.1991.15)

A. The normal work week for State employees shall be 40 hours effective as follows:

(1) Contract payroll employees, July 3, 1991;

(2) Regular payroll employees, July 10, 1991; and

(3) University payroll employees, July 14, 1991.

B. The Secretary of Personnel and the appointing authorities shall take all actions necessary or desirable to implement this directive.

Administrative History

Effective date: January 8, 1991 (18:2 Md. R. 79)

Amended effective February 27, 1991 (18:6 Md. R. 660); June 24, 1991 (18:15 Md. R. 1691)

COMAR 01.01.1991.18 Office of Administrative Hearings (Amended COMAR 01.01.1989.21)

A. Exemptions Relating to Federal Approval Process.

(1) The following contested cases of the following departments are temporarily exempted from the provisions of Chapter 788 of the Acts of 1989 until 15 days after their receipt of the necessary federal approvals or waivers:

(a) Maryland Occupational Safety and Health hearings within the Department of Licensing and Regulation;

(b) Medicaid hearings within the Department of Health and Mental Hygiene;

(c) Aid to Families with Dependent Children, child welfare, foster care and adoption program hearings (Titles IV-A, IV-B and IV-E of the Social Security Act) within the Department of Human Resources; and

(d) Disability Determination hearings within the State Department of Education.

(2) The State Superintendent of Schools and the Secretaries of Licensing and Regulation, Health and Mental Hygiene and Human Resources shall request the necessary approvals and waivers from the federal government, and shall advocate for an expeditious and affirmative federal response. The Superintendent and Secretaries shall keep the Chief Administrative Law Judge informed of the status of their requests and the Chief Administrative Law Judge shall provide assistance as necessary to ensure a prompt and favorable federal response.

(3) The Superintendent and the Secretaries shall notify the Governor and the Chief Administrative Law Judge immediately upon receipt of any federal response.

(4) All other contested case hearings of the Departments of Licensing and Regulation, Health and Mental Hygiene and Human Resources and the State Department of Education shall be heard pursuant to Chapter 788 of the Acts of 1989.

B. Department of Economic and Employment Development.

(1) Contested case hearings regarding Unemployment Insurance are temporarily exempted through June 30, 1992, from the provisions of Chapter 788 of the Acts of 1989.

(2) The State Advisory Council on Administrative Hearings shall study the advisability of the temporary exemption for Unemployment Insurance hearings and shall submit a report and recommendation to the Governor continuing the temporary exemption through June 30, 1994.

(3) All other contested hearings of the Department of Economic and Employment Development shall be heard pursuant to Chapter 788 of the Acts of 1989.

C. Public Information Act Hearings. All Public Information Act hearings pursuant to §10-622 of the State Government Article of all agencies, except those expressly exempt by Chapter 788 of the Acts of 1989, shall be heard by an administrative law judge unless the hearing is conducted by the agency head, a board or a commission.

D. Agencies Covered by the Act. Except as set forth in paragraphs A and B above, the contested case hearings of the following agencies shall be conducted by administrative law judges unless the hearing is conducted by the agency head, a board or a commission:

(1) Board of Public Works;

(2) Department of Agriculture;

(3) Department of Budget and Fiscal Planning;

(4) Department of Economics and Employment Development;

(5) Department of Environment;

(6) Department of Health and Mental Hygiene;

(7) Department of Housing and Community Development;

(8) Department of Human Resources;

(9) Department of Juvenile Services;

(10) Department of Licensing and Regulation;

(11) Department of Natural Resources;

(12) Department of Personnel;

(13) Department of Public Safety and Correctional Services;

(14) Department of Transportation;

(15) Human Relations Commission;

(16) Maryland Tax Court;

(17) Office of the Attorney General;

(18) Office on Aging;

(19) Securities Division;

(20) State Department of Education;

(21) State Retirement and Pension Systems; and

(22) The State Treasurer.

E. Agencies Currently Unaffected by Chapter 788.

(1) The following agencies currently either(i) do not conduct contested case hearings or (ii) do not use hearing officers, but have the case heard by the agency head, a board or a commission; and, therefore, are not currently affected by Chapter 788 of the Acts of 1989:

(a) Department of Assessments and Taxation;

(b) Board of Public Works (State Wetlands matters);

(d) Department of General Services;

(e) Department of Juvenile Services (intake officer functions only);

(f) Maryland Automobile Insurance Fund;

(g) Maryland State Lottery Commission;

(h) Military Department;

(i) Office of the Attorney General--Consumer Protection Division arbitrations;

(j) Property Tax Assessment Appeals Board;

(k) Secretary of State;

(l) State Accident Fund;

(m) State Administrative Board of Election Laws;

(n) State Archivist/Commissioner of Land Patents;

(o) State Board of Contract Appeals; and

(p) Subsequent Injury Fund.

(2) If the circumstances for any agency listed in paragraph E(1) above change so that the agency conducts contested case hearings, Chapter 788 of the Acts of 1989 shall apply to the agency unless the agency head, a board or a commission conducts the hearing.

F. All Other State Agencies. All other State agencies, if any, that are not mentioned in paragraphs A through E are temporarily exempt.

Administrative History

Effective date: January 1, 1990 (17:2 Md. R. 141)

Amended effective July 1, 1991 (18:15 Md. R. 1690)

01.01.1990 Executive Orders 1990

COMAR 01.01.1990.13 Maryland Main Street Designation Program

A. The “Maryland Main Street Designation” Program is hereby established within the Department of Housing and Community Development and will provide recognition and designation of certain commercial areas within the State as “Maryland Main Street” areas, and the Secretary of Housing and Community Development is hereby directed to consult with the Secretaries of Transportation, Natural Resources and Employment and Economic Development in the development of the program.

B. The Department of Transportation through its State Highway Administration is hereby directed to work in cooperation with the Department of Housing and Community Development to accommodate special design needs in areas designated as “Maryland Main Streets” and in historic districts that have been listed by the Maryland Historical Trust in the Maryland Register of Historic Properties pursuant to Article 83B, §5-615 of the Annotated Code or have been established by a county or municipality pursuant to Article 66B, Title 8, or other applicable provisions of the Annotated Code.

C. The Department of Employment and Economic Development, through its tourism and promotional activities, is hereby directed to provide special marketing and promotional assistance as well as assistance which may be available through relevant programs of its Department to areas and communities containing designated “Maryland Main Streets.”

D. The Department of Natural Resources through its programs related to State open space, open areas, and State waters is hereby directed to work cooperatively with the Department of Housing and Community Development to assist areas designated as “Maryland Main Streets” which border on or otherwise affect State waters, open space, or open areas, as those terms are defined in Title 8, Subtitle 1, and Title 5, Subtitle 12 of the Natural Resources Article.

Administrative History

Effective date: August 16, 1990 (17:18 Md. R. 2166)

01.01.1989 Executive Orders 1989

COMAR 01.01.1989.18 Drug and Alcohol Free Workplace (Non-State Entities)

A. General Policy. The State of Maryland is committed to encouraging all non-State entities that do business with the State or that otherwise receive funds from the State to make a good faith effort to eliminate illegal drug use and alcohol and drug abuse from their workplaces.

B. Definitions. In this Executive Order, the following words have the meanings indicated.

(1) “Abuse” means:

(a) The use of alcohol when it may impair job performance or endanger the safety of others in the workplace;

(b) The use of any illegal drug;

(c) The use of any over-the-counter drug when the user knows or should know that it may impair job performance or endanger the safety of others in the workplace; or

(d) The use of any prescription drug in a manner or under circumstances that the user knows or should know is inconsistent with its medically prescribed, intended use.

(2) “Alcohol” means ethyl alcohol or ethanol.

(3) “Drug” means:

(a) A controlled dangerous substance as defined in Article 27, §277 of the Annotated Code of Maryland; and

(b) Any substance, other than alcohol, caffeine, food or tobacco, that when taken into the body may impair one's mental faculties or change one's mood or physical performance.

(4) “Drug and alcohol free workplace” means a workplace in which every employee is expressly prohibited from:

(a) Abusing alcohol and drugs; and

(b) Manufacturing, distributing, dispensing or possessing illegal drugs.

(5) “Employee” means every employee, agent, servant, etc., of the recipient whose position is funded in whole or in part with State funds or who works on a project funded in whole or in part with State funds. “Employee” includes owners who themselves are performing any activity funded in whole or in part with State funds.

(6) “Recipient” means an individual, a sole proprietorship, a partnership, a corporation, a joint venture or any other entity that has been awarded or is a candidate or applicant for a State contract, grant, loan, or other State funds for use in the workplace. “Recipient” includes not-for-profit entities and governmental entities.

(7) “Workplace” means any place at which work is performed in accordance with the terms of a State contract, grant, loan or other instrument that governs the receipt of State funds.

C. Responsibilities of the Board of Public Works. The Secretary of the Board of Public Works shall cause to be prepared for the Board's consideration, pursuant to its statutory authority to control State procurement and to award or approve the disbursement of certain State contracts, grants, loans, and other funds for the workplace, in accordance with applicable federal and State law, regulations requiring the recipients of those funds to establish a drug and alcohol free workplace program. Those regulations shall include:

(1) Provisions that require each recipient to maintain a workplace free of drug and alcohol abuse during the term of the contract, grant, loan, or other receipt of State funds;

(2) Provisions that prohibit the unlawful manufacture, distribution, dispensation, possession, or use of drugs in the workplace of a recipient;

(3) Provisions that prohibit employees of a recipient from working under the influence of alcohol or drugs;

(4) Provisions that prohibit the recipient from hiring or assigning to work on an activity funded in whole or in part with State funds, anyone whom the recipient or the hiring official of the recipient knows, or in the exercise of due diligence should know, currently abuses alcohol or drugs and is not actively engaged in a bona fide rehabilitation program;

(5) Provisions that require each recipient to promptly inform the appropriate law enforcement agency of every drug related crime that occurs in its workplace if the recipient or an employee of the recipient has observed the violation or otherwise has reliable information that a violation has occurred;

(6) Provisions that require recipients to establish drug free and alcohol abuse awareness programs, to notify employees of the availability of such programs, to impose sanctions on employees who abuse drugs and alcohol in the workplace, and to institute steps to maintain a drug and alcohol free workplace;

(7) Provisions that make the receipt of State contracts, grants, loans, or other funds awarded through or approved by the Board of Public Works conditional upon compliance with the regulations adopted pursuant to this Executive Order;

(8) Provisions for the discretionary termination of a State contract, grant, loan or other award of State funds to a recipient who violated those regulations;

(9) Provisions for the discretionary suspension or debarment of a recipient who violates those regulations; and

(10) Such other drug and alcohol free workplace requirements as the Board of Public Works, in the exercise of its lawful authority, finds necessary or desirable to protect the interests of the State in the award and administration of State contracts, grants, loans or other State funds awarded by or subject to the approval of the Board.

D. Responsibilities of Agency Heads. The head of each Executive Branch agency shall take whatever action is necessary and appropriate to impose, in accordance with applicable federal and State law, on each recipient of a State contract, grant, loan or other State funding instrument that is administered by the agency and not subject to the Board of Public Works' drug and alcohol free workplace regulations requirements that are substantially the same as those adopted by the Board.

Administrative History

Effective date: November 28, 1989 (16:26 Md. R. 2779)

Cross References

05.01.05.05A(1)(f)

05.03.02.20B(7)

05.03.08.13B(5)

05.04.01.04C(11)

05.04.01.19B(7)

05.04.05.04B(10)

05.04.12.09B(7)

05.04.15.13B(6)

05.05.01.31B(5)

05.05.02.14B(7)

05.05.05.24B(7)

05.05.09.16B(7)

05.05.10.12B(7)

05.06.01.07G(6)

05.06.04.08I(6)

05.06.07.05A(2)(d)

05.09.01.15B(7)

05.11.01.10B(5)

05.11.02.09B(4)

05.12.01.21B(7)

05.13.01.12B(5)

05.13.02.11B(6)

05.13.03.10B(6)

05.13.04.25B(6)

05.13.06.15B(5)

05.13.07.11B(5)

05.14.01.11B(5)

05.14.02.09B(5)

05.15.01.12B(6)

05.17.01.10B(6)

05.18.01.10B(5)

05.19.03.10C

05.20.01.08B(6)

05.20.02.08B(6)

05.20.03.08B(6)

05.20.04.08B(6)

05.20.05.07B(6)

05.21.01.11B(6)

11.07.09.11

14.04.08.10

14.26.01.15

24.05.02.09A

24.05.05.16

24.05.10.14

24.05.15.07A

24.05.18.10

24.05.23.08A

34.04.04.09D(7)

COMAR 01.01.1989.15 State Employees Risk Management Administration

A. There is a State Employees Risk Management Administration.

B. The State Employees Risk Management Administration shall be located as a program of the Maryland State Accident Fund, (“The Fund”), an independent agency which will coordinate its efforts with the Office of the Governor.

C. The Fund will be responsible for planning, designing, implementing, controlling, and evaluating the provisions of this Executive Order, including the State Employees Risk Management Administration.

D. The Fund shall maintain all case files and compile an adequate data base to carry out the intent of this Executive Order.

E. The Fund shall establish education and training programs to inform all State Departments and Agencies of their responsibilities under provisions of this Executive Order.

F. There is a Maryland State Employees Risk Management Advisory Council (“Council”) that consists of representatives of the Governor and members and designees of the following State agencies:

(1) Governor;

(2) Department of Personnel;

(3) Department of Budget and Fiscal Planning;

(4) Department of Transportation;

(5) Department of Public Safety and Correctional Services; and

(6) Department of Licensing and Regulation.

G. Each department, independent agency, or other designated unit of State government is required to designate or appoint a coordinator to assist in carrying out the intent of this Executive Order.

H. There is a Statewide Employees Risk Management Committee, comprised of designated coordinators of each department, independent agency, or unit of State government. This Committee shall interact with the Council and the Fund, and shall serve to further ensure compliance with the intent of this Executive Order.

I. All departments, independent agencies, or other designated units of State government shall annually conduct a Risk Assessment Survey (“RAS”), which shall include all facilities and worksites, as well as an identification and assessment of those jobs considered as having a high degree of risk or potential for occupational injury.

J. This Executive Order on managing occupational injuries in Maryland State government shall be interpreted and implemented consistent with the efforts of established State health and safety programs. Agency and department heads shall utilize existing management functions and programs to expand and improve their efficiency in managing risks within their respective units.

K. Each State department, independent agency, or other designated unit of State Government shall develop written guidelines including policy and necessary rules and regulations covering specific program elements that are considered essential to standardize accident prevention and loss control programs.

L. This Order and resultant programs, policies, and procedures require the cooperation of all State employees as the State moves towards a healthy work environment.

Administrative History

Effective Date: August 11, 1989

01.01.1988 Executive Orders 1988

COMAR 01.01.1988.16 Chesapeake Bay Communications Coordinating Office

A. There is a Chesapeake Bay Communications Coordinating Office within the Executive Department.

B. The Office shall be responsible for:

(1) Coordinating State communication plans as outlined in the Maryland Chesapeake Bay Communication Plan;

(2) Promoting public information, education, and participation activities designed to involve citizens in cleaning up the Chesapeake Bay; and

(3) Coordinating media campaigns to increase public awareness and participation in the clean up of the Chesapeake Bay.

C. The Departments of Agriculture, Environment, and Natural Resources shall transfer positions, appropriations, and assets to support the Office.

Administrative History

Effective date: November 14, 1988 (15:26 Md. R. 2973)

COMAR 01.01.1988.15 Maryland's Infants and Toddlers Program

A. The Maryland Infants and Toddlers Program is established within the Executive Department. Its purpose is to plan, develop, and implement a comprehensive and statewide, interagency system of early intervention services in Maryland which will incorporate the policies and procedures for the required components.

B. The Subcabinet for Children and Youth shall monitor the Infants and Toddlers Program and insure interagency coordination and delivery of early intervention services;

C. The Maryland State Department of Education shall be designated the lead agency in accordance with the requirement for a single line of responsibility for the following purposes:

(1) The general administration, supervision, and monitoring of programs and activities receiving assistance;

(2) The identification and coordination of all available resources within the State from federal, state, local and private sources;

(3) The assignment of financial responsibility to the appropriate agency;

(4) The development of procedures to ensure that services are provided to handicapped infants and toddlers and their families in a timely manner pending the resolution of any disputes among public agencies or service providers;

(5) The resolution of intra and interagency disputes; and

(6) The entry into formal interagency agreements that define the financial responsibility of each agency for paying for early intervention services and procedures for resolving disputes and that include all additional components necessary to ensure meaningful cooperation and coordination.

D. The Maryland State Interagency Coordinating Council shall be established to advise and assist the Maryland State Department of Education in the development of the State Plan and in the performance of their lead agency responsibilities, preparation of applications, and shall submit an annual report to the Governor.

E. The Interagency Coordinating Council shall consist of fifteen members, including parents of handicapped infants and toddlers, public and private providers of early intervention services, representatives from the General Assembly, representatives of personnel preparation programs, and the Departments of Health and Mental Hygiene, Human Resources, and Education.

F. State executive branch agencies shall, to the maximum extent possible, assist the Infants and Toddlers Program to implement the minimum components of the State Plan as required in P.L. 990457, Part H.

Administrative History

Effective date: October 25, 1988 (15:24 Md. R. 2745)

Cross References

10.09.40.01B(9)

01.01.1987 Executive Orders 1987

COMAR 01.01.1987.22 Asbestos Oversight Committee

A. Asbestos Oversight Committee.

(1) There is an Asbestos Oversight Committee in the Executive Branch. This Committee is tasked to define the status of the asbestos situation in the State with respect to its employees and facilities and to develop and implement an asbestos management plan and appropriate policies to effectively address and resolve any related asbestos issues.

(2) The Asbestos Oversight Committee consists of Secretaries or designees, from the following Departments:

(a) The Department of the Environment;

(b) The Department of Licensing and Regulation;

(d) The Department of Personnel;

(e) The Department of State Planning;

(f) Two public members appointed by the Governor; and

(g) A designee of the Speaker of the House of Delegates and a designee of the President of the Senate to represent the General Assembly's interests in asbestos-related matters involving Legislative facilities.

The Chair of the Committee shall be the Secretary, Department of the Environment, or designee.

(3) The Committee may invite participation by representatives of other State agencies having an interest in the asbestos management issue.

(4) The Committee shall meet at least quarterly each year, and more often as necessary, and shall:

(a) Develop and annually update an Asbestos Management Plan, which shall consist of:

(i) A safety, health and equipment program;

(ii) A training and medical monitoring program;

(iii) A Statewide operations and maintenance program; and

(iv) An Asbestos Abatement Plan which includes a prioritized schedule of abatement activities; projected costs, based upon criteria established in advance by the full committee; and criteria for managing asbestos projects which may require significant renovations, as well as renovation projects which may require significant asbestos abatement.

(b) Review, evaluate and promulgate asbestos policy, procedures and practices consistent with existing COMAR, EPA, OSHA and MOSH Regulations.

(c) Evaluate asbestos abatement project proposals and establish abatement contract guidelines and criteria for State-owned facilities;

(d) Develop and present to the Governor and the General Assembly by the first day of October each year, a consolidated budget for asbestos management for State facilities that also sets forth the relevant portions of the operating budget of any agency responsible for asbestos management activities, priorities and describes abatement and safety projects, and is consistent with the Asbestos Management Plan.

(5) When the members of the Committee have prepared the Asbestos Management Plan, the Chairperson shall forward the plan to the Governor for approval.

(6) Prior to each legislative session, the Asbestos Oversight Committee shall present a report to the Governor and the General Assembly on the Asbestos Management Plan for State facilities, the activities of the Committee and the current status of the program.

B. Departmental Responsibilities.

(1) It is the responsibility of all department heads to cooperate fully with the Asbestos Oversight Committee in the implementation of this program.

(2) Each agency designated in Section A(2) of this order is responsible for providing competent and knowledgeable representation to the Committee. Other departments and agencies not listed in Section A(2) are also expected to render assistance, expertise and other resources upon the request of the Committee.

(3) Any staff loaned to the Committee shall be paid by the agency that employs them, except for permanent staff authorized pursuant to Sections A(4) and A(5) of this order.

(4) Certain departments shall be assigned specific program responsibilities by way of this Order. Those responsibilities shall be carried out in accordance with directions provided by the Asbestos Oversight Committee.

C. Safety and Health Program.

(1) Safety and Health.

(a) State employees shall be required to work with asbestos only when that work is incidental, but necessary, for the performance of their normal duties and responsibilities and where the amount of asbestos to be removed is less than 160 square feet per building per year, or less than 260 linear feet per building per year if the asbestos is in the form of pipe insulation. Projects exceeding those limitations shall be contracted out to firms licensed to perform asbestos work.

(b) Each agency or facility head shall be responsible to the department or agency head for implementation of the Asbestos Safety and Health Program.

(c) The head of each facility shall appoint a facility Asbestos Safety and Health Specialist who shall be responsible to the facility head for the implementation of the Asbestos Safety and Health Program.

(d) The Safety and Health Committees shall be formed for each department and/or individual facility. Each coordinator and safety specialist shall consult the Department of Licensing and Regulation for assistance and consultation on matters relating to the formation and organization of such committees.

(2) Equipment.

(a) Each department and State agency shall equip its employees with appropriate respiratory protection equipment and protective clothing where there is the possibility of ingesting or inhaling asbestos or of skin or clothing contamination with asbestos.

(b) Type “C” pressure demand supplied air respirators with full facepieces approved by the Mine Safety and Health Administration and the National Institute for Occupational Safety and Health described in the Asbestos Safety and Health Program Policy and Procedures Manual shall be used by employees performing Level II type activities.

(3) The Secretary of Licensing and Regulation is responsible for coordinating the safety and equipment provisions of this section, and exceptions to any provisions of this section can be authorized only by the Secretary of Licensing and Regulation or his designee, or by the full committee.

D. Medical Monitoring and Training Program.

(1) Medical Monitoring Requirements.

(a) The Secretary of the Department of the Environment shall oversee the preplacement, periodic and post-employment examinations in accordance with the Asbestos Safety and Health Program for Level II employees described in Section D(2)(c) of this Executive Order.

(b) Participation in the Medical Monitoring Program.

(i) Employees agreeing to work in positions which involve incidental exposure to asbestos, after successfully completing a formal asbestos training program, must participate in the medical monitoring program.

(ii) An employee who participates in the medical monitoring program, but refuses any or all components of the examination, shall be advised that the refusal may compromise his health status.

(iii) If an employee refuses to work with asbestos, he or she will not be eligible for medical monitoring, except as provided in subsection(1)(e) of this section. The refusal shall be documented.

(c) Discrimination involving Medical Examination. Any employee found to be unable to wear a respirator, or who is otherwise unfit for potential asbestos exposure, may not be permitted to work with asbestos. The employee may not be subjected to adverse personnel action because of his or her inability to be exposed to asbestos.

(d) Partial Disability Involving Asbestos-Related Disease. If an employee's disability is detected during asbestos medical monitoring, reasonable accommodations shall be made for the employee so far as is practicable up to and including job transfers.

(e) Past Exposure to Asbestos. If an employee can document in writing previous Level II exposure as a State employee but no longer works with asbestos, he or she may volunteer for medical monitoring from the State.

(f) Confidentiality of Medical Data.

(i) The confidentiality of all medical records will be assured by maintaining medical records separate from personnel records and limiting access to those records only to medical personnel, the employee and the employee's designated representative.

(ii) Any reports to management concerning medical examinations for the purpose of carrying out the Asbestos Safety and Health Program will contain only aggregate data with all personal identifiers removed. Each individual report of duty status shall state whether the worker is able to wear a respirator. No other medical findings or information will be included in these reports.

(2) Training Requirements.

(a) Level I and Level II employees shall attend asbestos training from, or approved by, the Department of the Environment.

(b) Level I employees are those workers employed in positions with the potential for asbestos exposure because of work-related activities or location, but who are not required to break, cut into, tear out or otherwise disturb asbestos or asbestos-containing materials.

(c) Level II employees are those workers employed in positions whose job activity may cause them to break, cut into, tear out or otherwise disturb asbestos-containing materials, or who must work in areas where this activity takes place.

(d) A Level II employee may not work with asbestos until he or she has attended the appropriate asbestos safety and health training and successfully completed training requirements.

(e) The asbestos safety and health training standards shall be developed by the Secretary of the Department of the Environment in consultation with both the Maryland Occupational Safety and Health Administration and representatives of these State employees who are or may be exposed to asbestos.

(3) The Secretary of the Department of the Environment is responsible for implementation and coordination of the medical monitoring and training provisions of the Asbestos Safety and Health Program.

E. Operations and Maintenance.

(1) There shall be, as part of the Asbestos Management Plan, an operations and maintenance program. The program shall consist of the following elements:

(a) A procedure for identifying and locating asbestos in State-owned buildings, and for assessing the condition and type of asbestos present in those buildings.

(b) A statewide project schedule for asbestos abatement using priority criteria developed by the Committee. The schedule shall also contain estimates of cost for such projects based upon the most current financial, health, physical characteristics and other information available.

(c) A procedure for performing recurrent surveys and inspections of known asbestos contamination for the purpose of discovering deteriorating conditions and to provide data for use in updating item(a) and (b) above.

(d) Guidelines for the preparation of contracts for the abatement of asbestos hazards by outside contractors to ensure that the work is properly prioritized, scheduled and stated in the scope of the work section; that safe and acceptable work practices are to be followed by the contractor; and that contracts are consistent with the Asbestos Management Plan.

(e) Guidelines for the development of site-specific asbestos operations and maintenance plans.

(2) The Operations and Maintenance Program shall be implemented pursuant to this Order and consistent with standards set forth in the State of Maryland Asbestos Safety and Health Program Policy and Procedures Manual and other relevant standards, regulations and statutes.

(3) Responsibility for implementation of the operations and maintenance program shall be shared as follows:

(a) The Secretary/Head of each Department/Agency/Facility shall be responsible for development, implementation and management of an operations and maintenance program specific to the Agency/Facility, including:

(i) The periodic conduct of inspections and surveys of known asbestos contamination;

(ii) Performance of repair and maintenance of asbestos-containing material by Level II employees;

(iii) The application of appropriate abatement practices, including the monitoring of contractors; and

(iv) Notification of Departmental Coordinators and other appropriate parties of changes in the condition of asbestos contamination.

(b) The Asbestos Oversight Committee shall:

(i) Maintain and update the State of Maryland Asbestos Safety and Health Program Policy and Procedures Manual;

(ii) Develop and maintain a priority list of abatement projects to be accomplished each year;

(iii) Annually prepare a budget for asbestos abatement projects; and

(iv) Evaluate and authorize changes to the operations and maintenance program in any current fiscal year.

(i) Assist Departments/Agencies in contracting for asbestos abatement activities in accordance with State finance and procurement laws;

(ii) Manage funds appropriated to the Asbestos Oversight Committee for asbestos abatement projects;

(iii) Maintain records to document asbestos abatement projects accomplished by Department/Agencies; and

(iv) Develop guidelines for the preparations of contracts for asbestos abatement to ensure that the work is properly prioritized and described.

(d) The Department of the Environment shall:

(i) Assist in the inspection and evaluation of asbestos hazards;

(ii) Assist in the review of asbestos abatement contracts;

(iii) Provide advice and consultation concerning potential health hazards associated with asbestos contamination; and

(iv) Provide the Oversight Committee with reports of evaluations and inspections indicating the compliance for inclusion in periodic reports to the Governor and for any other purpose as needed by the Oversight Committee and its chairman.

F. Personnel Practices. The Secretary of Personnel shall oversee the interpretation and application of personnel practices involving salaries and wages, incentive pay, classification and job evaluation, employee relations, recruitment and examination and other personnel activities which are related to asbestos and consistent with Merit System Law and Regulations.

G. Enforcement Authority.

(1) By virtue of this Order, the Asbestos Oversight Committee has full power and authority to implement and enforce all provisions of the Asbestos Management Program.

(2) The Committee is empowered to prepare and administer a program budget; to promulgate policy and regulations; to take testimony; to subpoena witnesses; and to issue findings of fact and recommendations.

Administrative History

Effective date: November 4, 1987 (14:25 Md. R. 2613)

Cross References

26.11.21.01K(1)

26.11.21.01K(3)

COMAR 01.01.1987.19 Maryland State Agency for Surplus Property (Rescinded COMAR 01.01.1977.09)

A. The Maryland State Agency for Surplus Property, including but not limited to its allocated positions, inventory, working capital reserve, real and personal property and surplus property trust fund, is hereby transferred from the University of Maryland to the Department of General Services.

B. The Department of General Services shall have all duties, responsibilities, powers, and authorities to carry out the disposition of Federal surplus personal property in Maryland through the Maryland State Agency for Surplus Property in accordance with Public Law 94-519.

C. The effective date of this Executive Order is July 1, 1987.

Administrative History

Effective date: July 1, 1987 (14:18 Md. R. 1851)

COMAR 01.01.1987.11 Maryland Emergency Response Commission

A. The Maryland Emergency Management Advisory Council, established under Section 5 of Article 16A of the Annotated Code of Maryland, is hereby designated to serve as the Maryland Emergency Response Commission under Title III of the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499).

B. The Maryland Emergency Response Commission shall have all duties and responsibilities, and powers and authorities, as mandated by Title III of the Superfund Amendments and Reauthorization Act of 1986.

Administrative History

Effective date: April 14, 1987 (14:10 Md. R. 1158)

COMAR 01.01.1987.08 Maryland State Planning Council on Developmental Disabilities (Amended COMAR 01.01.1973.08)

A. There is a Maryland State Planning Council on Developmental Disabilities within the Office for Handicapped Individuals in the Executive Branch of the Government

B. Staff support for the Maryland State Planning Council on Developmental Disabilities shall be provided by the Office for Handicapped Individuals. Supervision of staff will be provided by the Council.

C. Membership of the Council shall comply with federal mandates as follows:

(1) At least one-half of the Council membership shall consist of persons with developmental disabilities or their parents or guardians.

(2) At least one-third of this membership must consist of persons with developmental disabilities, or “primary consumers” and another one-third the immediate relatives or guardians of persons with mentally impairing developmental disabilities, or “secondary consumer.” At least one such individual must be the immediate relative or guardian of a developmentally disabled resident of an institution.

(3) The Director of the Division of Vocational Rehabilitation or his designee.

(4) The State Superintendent of Schools or his designee.

(5) The Secretary of the Department of Health and Mental Hygiene or his designee.

(6) The Secretary of the Department of Human Resources or his designee.

(7) A representative from the John F. Kennedy Institute for Handicapped Children, a university affiliated facility.

(8) A representative from the Maryland Disability Law Center, the protection and advocacy system.

(9) Remaining members should represent higher education training facilities, local agencies and nongovernmental agencies concerned with the provision of services to this population.

(10) The Director of the Office for Handicapped Individuals.

D. The Maryland State Planning Council on Developmental Disabilities shall:

(1) Develop jointly with the Developmental Disabilities Administration of the Department of Health and Mental Hygiene the State plan required by the Federal Developmental Disabilities Act:

(2) Monitor, review and evaluate not less often than annually the implementation of such State plan:

(3) To the maximum extent feasible, review and comment on all State plans in the State which relate to programs affecting persons with developmental disabilities: and

(4) Submit to the Secretary of the Federal Department of Health and Human Services, through the Governor, such periodic reports on its activities as the Secretary may reasonably request, and keep such records and afford such access thereto as the Secretary finds necessary to verify such reports.

(5) Advocate, on behalf of developmentally disabled citizens within State Government.

E. The Council shall promulgate and adopt a set of by-laws and operating procedures that are consistent with the intent of this Executive Order and these by-laws shall be on file in the Governor's appointment office.

F. This Executive Order is effective immediately.

Administrative History

Effective date: July 25, 1973

Amended effective March 11, 1987 (14:8 Md. R. 919)

01.01.1986 Executive Orders 1986

COMAR 01.01.1986.12 INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

1.(a) Disability Rights Maryland, Inc., doing business as Maryland Disabilities Law Center, Inc., a private, non-profit corporation incorporated under Maryland law, was designated by Executive Orders 01.01.1977.07 and 01.01.1986.12 and continued to be designated as the official agency, for purposes of 42 U.S.C. §15041 et. seq . , responsible for the implementation of the State system for the protection and advocacy of the rights of individuals with developmental disabilities.

(a) Disability Rights Maryland, Inc., doing business as Maryland Disabilities Law Center, Inc., a private, non-profit corporation incorporated under Maryland law, was designated by Executive Orders 01.01.1977.07 and 01.01.1986.12 and continued to be designated as the official agency, for purposes of 42 U.S.C. §15041 et. seq . , responsible for the implementation of the State system for the protection and advocacy of the rights of individuals with developmental disabilities.

(b) Disability Rights Maryland, Inc., shall perform the functions, duties, and responsibilities authorized to be performed or specifically delegated to it by the “State of Maryland Plan for a System to Protect the Individual Rights of and to Advocate for Persons with Developmental Disabilities under 42 U.S.C. §15041 et. seq.”

After Disability Rights Maryland’s designation as the protection and advocacy system for the State of Maryland in Executive Orders 01.01.1977.07 and 01.01.1986.12, Congress established additional programs to create and fund legal advocacy programs for additional categories of individuals with disabilities and issue areas. Based on the designation in paragraph l(a) of this order, Disability Rights Maryland, Inc. is the eligible system, as defined in 42 U.S.C. §10802(2) and 29 U.S.C. §794e(m)(i), responsible for implementation of the state system for Protection and Advocacy of the Rights of Individuals with Mental Illness (PAIMI) and Protection and Advocacy of Individual Rights (PAIR).
The designation of Disability Rights Maryland, Inc., as the official agency for purposes of 42 U.S.C. §15041 et. seq. shall continue unless amended, altered, or withdrawn by subsequent Executive Order.

Administrative History

Effective Date: December 19, 2025.

Cross References

01.01.2025.29(1)(a)

01.01.1985 Executive Orders 1985

COMAR 01.01.1985.34 Militia—Oaths of Enlistment or Appointment

The Adjutant General may authorize any federally recognized officer of the Armed Forces present at a Military Entrance Processing Station to administer oaths of enlistment or appointment to individuals entering the organized militia of this State.

Administrative History

Effective date: November 16, 1985 (12:25 Md. R. 2451)

COMAR 01.01.1985.04 Martin State Airport

Executive Order 01.01.1975.05 naming the “Glenn L. Martin State Airport” is hereby rescinded.
The State owned airport facility at Middle River, Maryland, is hereby renamed “Martin State Airport.”
The Martin State Airport official designation for aeronautical purposes will be known as “MTN.”

Administrative History

Effective date: February 19, 1985 (12:6 Md. R. 570)

01.01.1984 Executive Orders 1984

COMAR 01.01.1984.10 Housing Policy for the State of Maryland

It is the policy of the State of Maryland to cooperate with the federal government, local governments, non-profit organizations, and the private sector to assure that every citizen of the State enjoys without discrimination the use of safe and decent housing, the cost of which does not place an unreasonable financial burden upon the individual or family.
To the extent not inconsistent with law, all State governmental agencies shall be responsive to the housing policy set forth in this Order.
This Executive Order does not create new substantive rights nor diminish any legal right under federal or State law, and it is not intended to and may not be construed to confer any right, privilege or status on any private party cognizable by a court.

Administrative History

Effective date: November 23, 1984 (11:25 Md. R. 2120)

01.01.1983 Executive Orders 1983

COMAR 01.01.1983.18 Privacy and State Data System Security

Purpose — The purpose of this Executive Order is to direct adherence by State agencies to the following principles of information practice:

(a) There should be no personal record system whose existence is secret;

(b) Personal records should not be collected unless the need for the information has been clearly established;

(d) Personal information should not be obtained by fraudulent and unfair means;

(e) Personal records should be accurate and current, to the greatest extent practicable;

(f) A data subject should generally be able to learn the purpose for which personal information has been recorded and particulars about its use; and

(g) Appropriate administrative, technical and physical safeguards should be established to ensure the security of public records and to protect against reasonably anticipated threats or hazards to their security or integrity.

Definitions — As used in this Executive Order, the following terms have the meanings indicated:

(a) “Data subject” means a natural person about whom personal information is indexed or may be reasonably located in a personal record system by name, personal number, or other identifying particulars;

(b) “Personal information” means any information about data subject or a data subject's immediate family that identifies or describes any characteristic including but not limited to education, financial transactions or worth, medical history, criminal or employment record or things done by or to the data subject or the immediate family;

(c) “Personal record” means any public record pertaining to a data subject whose identity can be ascertained from the record with reasonable certainty either by name, address, number, description, finger or voice print, picture or any other identifying factor or factors;

(d) “Public record” means any correspondence, form, book, photograph, film, microfilm, sound recording, map, drawing, card, tape, computerized record or other documentary material, regardless of physical form or characteristics, that has been made by a State agency;

(e) “Record system” means a collection or group of public records; and

(f) “State agency” means any agency, board, commission, department, bureau, or other entity of the Executive Branch of Maryland State Government.

Collection of Personal Information by State Agencies

(a) Except as otherwise provided by law, any State agency maintaining a personal record system shall:

(1) Collect personal information to the greatest extent practicable from the data subject directly; and

(2) After July 1, 1984, provide the following information to each data subject who is requested to disclose personal information on a standardized form:

(i) The principle purpose for which the information is intended to be used;

(ii) Any specific consequences for the data subject which are likely to result from nondisclosure;

(iii) The data subject's statutory right to inspect, amend, or correct personal records, if any;

(iv) Whether the information is generally available for public inspection; and

(v) Whether the information is routinely shared with State, federal or local government agencies.

(b) The information to be provided under paragraph(a)(2) may appear either on the standardized form or on a separate statement.

Security of Public Records

(a) A state agency maintaining a public record system shall prescribe and implement appropriate safeguards to ensure the security of the system.

(b) Each state agency which maintains a computerized record system shall assign a qualified employee the responsibility to monitor the security of the system.

(c) A State Data Security Committee is created to regularly evaluate the security of state agency systems containing computerized records. The Committee shall consist of nine data professionals within State service. Each of the following agencies has a permanent representative on the Committee: Comptroller of the Treasury, Department of Transportation, Department of Public Safety and Correctional Services, the University of Maryland, the Board of Trustees of the State Universities and Colleges and the Department of Budget and Fiscal Planning, whose representative shall be the Chairman. The other members of the Committee shall be appointed by the Governor upon the recommendation of the Chairman. If any agency security officer is assigned to this Committee, he shall not participate as a member of the Committee in any computer system security analysis of his agency by the Committee. The Committee shall evaluate system risks including the review, formulation, and periodic testing of the appropriate levels of security.

(d) Each state agency shall cooperate with the State Data Security Committee and shall comply with any directive concerning the submission of plans or system security measures to be undertaken.

(e) The State Data Security Committee shall provide semi-annually a report on its activities to the Governor and to the appropriate chairmen of the legislative committees having jurisdiction over issues related to state data system security.

Exceptions — The collection of the following information is exempt from the provisions of Section 3 of this Executive Order:

(a) Any information pertaining to the enforcement of criminal laws or the administration of the penal system, including efforts of the Department of Public Safety and Correctional Services to prevent, investigate, control or reduce crime;

(b) Information contained in investigative materials kept for the purpose of investigating a specific violation of State law and maintained by a State agency whose principal function may be other than the enforcement of criminal law;

(d) Information consisting only of names, addresses, telephone numbers and other limited factual data, which could not, in any reasonable way:

(1) reflect or convey anything detrimental, disparaging, or threatening to an individual's reputation, rights, benefits, privileges, or qualifications; or

(2) be used by an agency to make a determination that would affect an individual's rights, benefits, privileges, or qualifications.

(e) Information contained in public records which are accepted by the State Archivist for deposit in the Maryland Hall of Records;

(f) Information contained in patient medical and psychological records at State medical facilities, hospitals or institutions, except that the extent of any routine sharing of personal information with other governmental agencies shall be disclosed in writing to the data subject;

(g) Information contained in applications for employment in State service, except that the extent of any routine sharing of personal information with other governmental agencies shall be disclosed in writing to the data subject; and

(h) Information gathered as part of formal research projects previously reviewed and approved by federally mandated Institutional Review Boards.

Scope — This Executive Order is not intended to and may not be construed to confer any right, privilege or status on any private party cognizable by a court in any proceeding.

Administrative History

Effective date: October 24, 1983 (10:23 Md. R. 2055)

Cross References

11.15.31.11D(4)(c)(i)

13A.11.06.01A(4)

COMAR 01.01.1983.17 Intergovernmental Review of Federal Programs and Activities

Section 1. Maryland Intergovernmental Review and Coordination Process

(a) In order for Maryland to secure the benefits of intergovernmental cooperation and coordination, and in order to provide a simple, uniform, and consistent mechanism for State, regional, and local public officials to learn about and comment on proposed federal financial assistance and direct federal development, the Maryland Intergovernmental Review and Coordination Process is established. The process shall serve as Maryland's designated process for determining the views of State and local elected officials and regional officials concerning proposed federal financial assistance and direct federal development.

(b) The Maryland Intergovernmental Review and Coordination Process shall facilitate the exchange of information among federal approval authorities, other proponents of federal action, and officials of general purpose governments within the State.

Section 2. Duties of the Department of State Planning

In order to carry out federal law and this Executive Order, the Department of State Planning is designated as the single point of contact for federal agencies seeking the views of State, regional, and local public officials. In this capacity, the Department shall:

(a) In accordance with procedural rules adopted by the Department for the Maryland Intergovernmental Review and Coordination Process, provide opportunities for State, regional, and local public officials to review and comment on proposed federal financial assistance and direct federal development;

(b) In consultation with State, regional, and local public officials, select the federal programs and activities to be subject to the review process;

(c) Transmit all comments resulting from the review process to federal approval authorities, either through applicants for financial assistance or directly;

(d) Facilitate the resolution of disagreements identified during the review process;

(e) Seek to formulate a single recommended course of action based on review comments;

(f) Coordinate responses when federal agencies advise that they cannot accommodate the concerns of State, regional, and local public officials;

(g) Coordinate efforts by State agencies to simplify and consolidate federally-required State plans; and

(h) Periodically prepare any necessary reports on the activities of the review process.

Administrative History

Effective date: September 30, 1983 (10:23 Md. R. 2054)

01.01.1981 Executive Orders 1981

COMAR 01.01.1981.10 Employee Release Under Emergency Conditions

A. Definitions. As used in this Order, the following terms have the meanings indicated:

(1) “Emergency Conditions” means circumstances that would expose State employees to harm or unsafe conditions. Examples of potential emergency conditions may include, but are not limited to:

(a) Extreme weather conditions such as flooding, icing conditions, blizzards, hurricanes, and tornadoes;

(b) Civil disorders, such as riots and war.

(2) “Emergency Release Time” means time with full pay that is granted to employees during an emergency condition.

B. Application to Employees and Agencies; Exceptions.

(1) This Order applies to all agencies in the Executive Branch.

(2) Emergency Release Time may be granted under this Order only to employees in the geographical area or facility affected by the emergency condition, as determined by the appropriate Secretaries or their designees.

C. Authority to Determine and Declare Emergency Conditions.

(1) Secretary of Transportation. Based upon information received under Subsection (5) of this Section, the Secretary of Transportation or his or her designee may declare the existence of emergency conditions arising from extreme weather conditions which, in his or her judgment, result in dangerous traffic or highway conditions; and thereupon, he or she may grant emergency release time to affected employees following consultation with the Secretaries of Personnel and General Services (or their designees).

(2) Secretary of General Services. Based upon information received under Subsection (5) of this Section, the Secretary of General Services or his or her designee may declare the existence of emergency conditions arising from a fire, a physical plant failure, or other unsafe conditions in the Baltimore or Annapolis State Office Building complex; and thereupon, he or she may grant emergency release time to affected employees following consultation with the Secretaries of Personnel and Transportation (or their designees).

(3) Secretary of Personnel. Based upon information received under Subsection (5) of this Section, the Secretary of Personnel or his or her designee may declare the existence of emergency conditions arising from circumstances other than those set forth in Subsections(1) or (2) of this Section; and thereupon may grant emergency release time to affected employees following consultation with the Secretaries of Transportation and General Services (or their designees).

(4) Heads of Facilities Other than Baltimore and Annapolis State Office Building Complexes. Based upon information received under Subsection (5), the head of any facility other than one in the Baltimore or Annapolis State Office Building Complex may recommend that emergency conditions arising from a fire or a physical plant failure or other unsafe conditions exist, and may grant emergency release time to employees of the facility with the approval of the Secretary of the affected department and the Secretary of Personnel.

(5) Determination of Emergency Conditions. The individuals enumerated in Subsections(1)—(4) shall contact the proper local police, fire, highway, weather service, or civil defense personnel, or other appropriate local personnel, to obtain information concerning existing conditions, and shall evaluate the information to determine whether an emergency condition exists.

(6) Limitation on Time Period. The individuals enumerated in Subsections(1)—(4) may not grant emergency release time exceeding one normally scheduled work day per emergency unless authorized by the Governor.

(7) Evacuation in Acute Emergencies. Nothing contained in this Order precludes the necessary, immediate evacuation of a facility by an individual in a supervisory capacity in the interest of personal safety.

D. Administration.

(1) Responsibility of Cabinet Secretaries and other State Agency Heads. The administration of this Order is the responsibility of the several cabinet secretaries and other heads of State agencies, except as set forth in Section C above.

(2) Extreme Weather Conditions. If extreme weather conditions appear to cause dangerous traffic or highway conditions, agency heads shall contact the Secretary of Transportation or his designee for a determination of whether, in his or her judgment, there exists an emergency sufficient to warrant a declaration of an emergency condition and the granting of emergency release time to affected employees.

(3) Fires and Physical Plant Failures. If a fire or a physical plant failure in the Baltimore or Annapolis State Office Building Complex appears to cause an emergency condition, agency heads shall contact the Secretary of General Services or his designee for a determination of whether, in his or her judgment, there exists an emergency sufficient to warrant a declaration of emergency condition and the granting of emergency release time to affected employees. The head of a facility other than the Baltimore or Annapolis State Office Building Complex shall follow the procedure set forth in Subsection C(4) above.

(4) Other Circumstances. If circumstances other than those set forth in Subsections D(2) and (3) above, appear to cause an emergency condition, an agency head shall contact the Secretary of Personnel or his designee for a determination of whether, in his or her judgment, there exists an emergency sufficient to warrant a declaration of an emergency condition and the approval of emergency release time to affected employees of the agency.

(5) Guidelines for Employees Release Time and Approval. When, as a result of emergency conditions, any facility is closed after the start of normal work hours or shifts and the employees assigned to the facility who have reported for work are dismissed, there shall be no loss of pay or charge to leave of any kind. Employees who have not reported to work and are not on prior approved paid leave, are to be given the option of the use of annual, personal, or accrued compensatory leave or approved leave without pay.

When any facility is closed prior to the start of normal work hours or shifts, employees, with the exception of those on prior approved paid leave, are to be considered on release time with no loss of pay or charge to leave of any kind.

Employees who are required to perform duties after an emergency condition is declared shall be compensated by compensatory time or additional pay as declared eligible and specified under Department of Personnel regulation and/or policy concerning work hours and overtime. Such additional compensation shall be equivalent to the release time of those employees who are released from the same facility.

Employees reporting late to work because of extreme weather conditions, dangerous traffic or highway conditions, or civil disorders, not yet declared an emergency condition, may be excused at the discretion of the appointing authority.

Administrative History

Effective date: December 4, 1981 (8:26 Md. R. 2077)

01.01.1980 Executive Orders 1980

COMAR 01.01.1980.06 Commission on State Debt

Revocation of Prior Executive Order

Executive Order 01.01.1969.08, dated October 17, 1969, establishing a Commission on State Debt to replace the former Committee to Study the State Debt is hereby revoked and rescinded.

Creation of Commission; composition; organization

(a) There is a Commission on State Debt. This Commission replaces the former Committee to Study the State Debt.

(b) The membership of the Commission on State Debt shall include all members of the Capital Debt Affordability Committee, as enumerated in Article 31, §26 of the Maryland Annotated Code of 1957 (1976 replacement volume, 1979 supplement); and the Director of the Department of Assessments and Taxation.

Purpose and Duties of the Commission

(a) The Commission on State Debt shall serve as an advisory group whose purpose shall be to annually recommend to the Board of Public Works a State tax rate on real and personal property sufficient to provide funds to meet debt service requirements on outstanding General Obligation bonds during the next ensuing fiscal year.

(b) The Commission shall meet at least annually and shall present its recommended State tax rate to the Board of Public Works in a timely manner to allow such tax rate to be determined by the Board of Public Works on or before May 1 of each year.

Administrative History

Effective date: March 3, 1980 (7:6 Md. R. 593)

(COMAR 01.01.1980.06 rescinded COMAR 01.01.1969.08 on the same topic)

Cross References

25.01.06.01

01.01.1978 Executive Orders 1978

COMAR 01.01.1978.05 Coastal Zone Management

The Maryland Coastal Zone Management Program developed in accordance with plans prepared under Article 88C(2)(b) of the Code, enumerates the objectives and policies of the State with respect to coastal resources.
To the extent consistent with statutorily prescribed responsibilities and authorities, all State governmental agencies shall:

(a) Conduct their activities in a manner consistent with the Program;

(b) Participate in the project evaluation process specified in the Program; and

In accordance with the designation of the Department of Natural Resources as the State agency authorized to receive and administer federal grants under the Coastal Zone Management Act of 1972, the Secretary of Natural Resources shall assure adequate representation of the State's interest in administration of this federal program as it affects coastal resources.

Administrative History

Effective date: March 8, 1978 (5:6 Md. R. 403)

01.01.1973 Executive Orders 1973

COMAR 01.01.1973.04 State Emergency Medical System

A State Emergency Medical System is hereby established, to be implemented in accordance with this Executive Order.
The Division of Emergency Medical Service is created within the State Department of Health and Mental Hygiene. The Division shall be headed by a Director of Emergency Medical Services appointed by the Governor, with the advice of the Secretary of Health and Mental Hygiene, said Director to be responsible for the implementation, administration, and operation of the Emergency Medical System and to report directly to the Secretary of Health and Mental Hygiene. The Division shall receive and disburse all federal and State funds appropriated to and by the State for the Emergency Medical System.
The State shall be divided into not more than five emergency medical service regions, which shall be interconnected by a State-wide emergency medical communications system.
The Director of Emergency Medical Services shall promptly develop a program for:

(a) Establishing and operating the State-wide emergency medical communications system.

(b) Coordinating the activities of the emergency medical service regions, including the purchase and maintenance of equipment, training of emergency medical personnel, transportation of patients, patient care, research and development programs in the field of emergency medical services, and other activities necessary to implement this Executive Order.

(c) Coordinating the State emergency medical system with appropriate authorities and agencies in jurisdictions adjacent to the State of Maryland.

The program developed by the Director shall be in accordance with the recommendations previously submitted by the State Comprehensive Health Planning Agency. It shall be submitted to the Secretary of Health and Mental Hygiene and thence, with the comments and recommendations of the Secretary, to the Governor prior to its implementation.

The Center for the Study of Trauma is hereby abolished, and there is hereby created as an independent unit within the University of Maryland Hospital the Maryland Institute for Emergency Medicine. The Institute shall be headed by a Director appointed by the Chancellor of the University of Maryland, Baltimore City Campus, with the approval of the Governor. The Director shall report and be responsible directly to the Chancellor of the University of Maryland, Baltimore City Campus.
All State departments and agencies shall cooperate in the implementation of the State Emergency Medical System as herein established.

Administrative History

Effective date: February 26, 1973

01.01.1972 Executive Orders 1972

COMAR 01.01.1972.03 Governor's Representative for Highway Safety

The Executive Order, dated August 29, 1969, is hereby rescinded.
Pursuant to §§2-101, 2-102 and 2-103 of Article 66-1/2 of the Annotated Code of Maryland (1970 Replacement Volume), and for purposes of the Federal Highway Safety Acts of 1966 and 1970, the Secretary of Transportation, is hereby designated as the Governor's Representative for Highway Safety.
There is hereby delegated to the Governor's Representative, all the powers and authority vested in the Governor by §§2-101, 2-102 and 2-103 of Article 66-1/2 of the Annotated Code of Maryland (1970 Replacement Volume) and he is directed to exercise the same in pursuance of said sections.
There has been established within the Department of Transportation of the Executive Branch of the State Government a Division of Transportation Safety within which the Office of Highway Safety Coordinator shall be incorporated. The powers and authority hereby delegated to the Secretary of Transportation as the Governor's Representative, may be redelegated by him to the Division of Transportation Safety at his discretion.
All departments and agencies within the Executive Branch of the State Government are to cooperate with the Governor's Representative, in the performance of his highway safety functions provided herein to the full extent permitted by law.

Administrative History

Effective date: March 8, 1972

Annotation: Article 66-1/2, §§2-101, 2-102, and 2-103 have been reenacted as §§2-402, 2-403, and 2-404, respectively, of the Transportation Article (Chapters 13 and 14 of the Acts of the General Assembly of 1977)

01.01.1971 Executive Orders 1971

COMAR 01.01.1971.11 Maryland Environmental Service

The Maryland Environmental Service is hereby directed to assume responsibility for the operation and maintenance of all State-owned sewage treatment and solid waste disposal facilities;
Each agency of the State which presently has responsibility for operating such facilities is hereby directed to consult with the Maryland Environmental Service to develop plans for the transfer of such responsibility as soon as feasible.

Administrative History

Effective date: May 27, 1971

COMAR 01.02.01 Lobbying Expense Report [Repealed]

History

Administrative History: Effective date: February 21, 1975 (2:6 Md. R. 430)
Administrative History: Chapter repealed effective October 3, 1988 (15:20 Md. R. 2332)

COMAR 01.02.02 Disclosure by Persons Doing Public Business [Repealed]

History

Administrative History: Effective date: August 6, 1975 (2:17 Md. R. 1185)
Administrative History: Chapter repealed effective October 3, 1988 (15:20 Md. R. 2332)

01.02.03 Charitable Organizations: Procedural Regulations

COMAR 01.02.03.01 Scope.

These regulations apply to controversies and hearings arising under the Maryland Charitable Solicitations Act, Business Regulation Article, Title 6, Annotated Code of Maryland.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332)
Authority: Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland

COMAR 01.02.03.02 Definitions.

A. “Act” means the Maryland Solicitations Act, Business Regulation Article, Title 6, Annotated Code of Maryland.

B. “Day” means calendar day.

C. “Party” means any person requesting a hearing and any person or agency having an interest in the outcome of a hearing.

D. “Petitioner” means any person requesting a regulation change or a declaratory ruling.

E. “Respondent” means any person requesting a hearing from the Secretary of State pursuant to Business Regulation Article, §6-205(g)(1), Annotated Code of Maryland, and following receipt of a cease and desist order issued by the Secretary of State or Attorney General as authorized by Business Regulation Article, §6-205(b)(2), Annotated Code of Maryland.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332)
Authority: Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland

COMAR 01.02.03.03 Petition for Adoption of Regulations.

A. Who May File. Any interested person may file with the Secretary a petition requesting the promulgation, amendment, or repeal of any regulation.

B. Form. The petition shall be in writing and shall contain the name, address, and telephone number of the petitioner. It shall also contain the proposed regulation change and a brief statement of reasons in support of the change.

C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary for their consideration and disposition. The Secretary shall mail promptly to each person requesting the promulgation, amendment, or repeal of any regulation a notice of filing indicating the date of receipt of the petition. Within 60 days of the receipt, the Secretary shall either deny the petition in writing and state the reasons for their denial, or institute appropriate regulation-promulgation procedures in accordance with the Administrative Procedure Act, and notify the petitioner in writing of this action.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332)
Authority: Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland

COMAR 01.02.03.04 Petition for Declaratory Ruling.

A. Who May File. Any interested person may file with the Secretary a petition for a declaratory ruling with respect to the applicability of the Act or any regulation pertaining to the Act, to any person, property, or state of facts.

B. Form. The petition shall be in writing. It shall contain a detailed statement of the facts underlying the questioned applicability of the regulation or the Act and shall pose the question of whether or in what manner the stated regulation or the Act applies to the facts contained in the petition. The petition shall also contain the name, address, and telephone number of the petitioner and a statement by the petitioner, under oath, that the facts set forth in the petition are true to the best of his knowledge, information, and belief.

C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary for their consideration and disposition. The Secretary shall mail promptly to each person requesting a declaratory ruling a notice of filing indicating the date of receipt of the petition. The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary shall notify the petitioner in writing within 30 days of the date of receipt of the petition of whatever action they decide to take and state the reasons for their decision.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332)
Authority: Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland

COMAR 01.02.03.05 Right to a Hearing.

A. Who May Request a Hearing. Any person adversely affected by any action taken by the Secretary as a result of an investigation pursuant to Business Regulation Article, §6-205, Annotated Code of Maryland, is entitled to a hearing before the Secretary.

B. Notice.

(1) Whenever the Secretary notifies a person that the Secretary has taken action which may adversely affect that person or that person's ability to engage in solicitation, the Secretary shall notify the person affected in writing of the right to request a hearing and of the method of making the request.

(2) This written notice shall:

(a) Advise the person of the right to be represented by counsel during the entire hearing process;

(b) Advise the person of the right to request a reasonable accommodation for a party, witness, or representative who cannot hear, speak, or understand the spoken or written English language;

(d) Include a summary of the regulations relating to hearing procedures.

C. Request for Accommodations.

(1) Upon receipt of a request for accommodation, the Secretary of State’s Office shall provide a qualified interpreter during the proceeding in which the party, witness, or representative is participating.

(2) An interpreter shall take an oath or affirmation that the interpreter will accurately interpret the proceedings.

(3) If a party, witness, or representative requests an accommodation, the Office shall provide a reasonable accommodation as required by the Americans with Disabilities Act.

Cross References

01.02.04.22F

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332)
Authority: Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland

COMAR 01.02.03.06 Requests for Hearings.

Any person entitled to a hearing may file with the Secretary a petition requesting a hearing. The petition shall be filed within 30 days of the date of the Secretary's decision, failure to act, or other action. The Secretary shall mail promptly to each petitioner a notice indicating the date of receipt of the request.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332)
Authority: Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland

COMAR 01.02.03.07 Date of Hearing — Timing.

A. Within 30 days after a request is submitted by a respondent, the Secretary of State shall hold a hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

B. For all other hearing requests, the Secretary shall hold the hearing as promptly as possible and within a reasonable time of the date a request for a hearing is received.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332)
Authority: Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland

COMAR 01.02.03.08 Right to Counsel.

Any party may appear in person or may be represented by counsel.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332)
Authority: Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland

COMAR 01.02.03.09 Consolidation of Requests for Hearings.

The Secretary may consolidate requests for hearings, when the sole issue involved is one of policy, and hold a group hearing. In all group hearings, the procedures contained in these regulations shall be followed.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332)
Authority: Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland

COMAR 01.02.03.10 Prehearing Procedure.

A. Notice of Hearings. The Secretary shall provide reasonable notice to a party of the date, time and place of a hearing. If the petitioner notifies the Secretary that the date designated is not convenient, the Secretary may designate another date which is convenient to the petitioner.

B. Briefs. Each party may submit briefs containing arguments relating to the issues of fact and law involved in the hearing. If briefs are submitted, the party shall file five copies with the Secretary in a timely manner. The Secretary of State may, in certain circumstances, accept post-hearing briefs.

C. Witnesses. At least 10 days before the hearing date, the petitioner shall notify the Secretary in writing of those employees of the Secretary whom the petitioner wishes to call as witnesses at the hearing and the reasons why they are being asked to testify. If the Secretary determines that the action or inaction of those employees is the basis of the hearing, the Secretary shall require their presence at the hearing.

Cross References

01.02.03.11F(4)

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332)
Authority: Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland

COMAR 01.02.03.11 Hearing Procedure.

A. Administrative Procedure Act. All hearings held pursuant to Business Regulation Article, Title 6, Annotated Code of Maryland, or these regulations shall be subject to the provisions of the Administrative Procedure Act.

B. Parties. The Secretary, or the designee of the Secretary, shall permit any party to be present at the hearings.

C. Presiding Officer. The Secretary, or the Secretary's designee, shall be the presiding officer and shall have complete charge of the hearing. The Secretary shall permit the examination of witnesses, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time.

D. Office of the Attorney General. The Secretary, or the Secretary's designee, may request the Attorney General's Office to participate in any hearing as counsel. Upon this request, counsel shall have all of the rights with regard to submission of evidence, examination and cross-examination of witnesses, filing of objections and motions, and presentation of oral argument as counsel for any party.

E. Oath. All testimony taken by the Secretary shall be under oath. The oath shall be in the following form: “Do you solemnly swear or affirm under the penalties of perjury that the testimony you are about to give in the matter now pending before the Secretary shall be the truth, the whole truth, and nothing but the truth?”

F. Rules of Evidence.

(1) The rules of evidence in all hearings held pursuant to the Act or these regulations shall be those set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(2) Any party may submit evidence, examine and cross-examine witnesses, file objections and motions, and present oral argument. When a party is represented by counsel, the submission of evidence, examination and cross-examination of witnesses, filing of objections and motions, and presentation of oral argument shall be done solely by counsel.

(3) The Secretary, or the Secretary's designee, may examine any witness called by any party. The Secretary, or the Secretary's designee, may call as a witness any person in attendance at the hearing.

(4) Subject to the requirements of Regulation .10C of this chapter, the petitioner shall have the right to call as a witness any employee of the Secretary whose action or inaction the petitioner is contesting. If the Secretary or the Secretary's counsel introduces as evidence documents filed by the petitioner or documents resulting from an investigation or other sources, the petitioner shall have the right to examine the documents and the person who prepared them, if that person prepared the documents at the request of the Secretary.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332)
Authority: Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland

COMAR 01.02.03.12 Withdrawn or Abandoned Requests for Hearings.

A. Withdrawn Requests for Hearings. A request for a hearing may be withdrawn in writing by the petitioner or their counsel at any time.

B. Abandoned Requests for Hearings. The Secretary shall consider a request for a hearing abandoned if neither the petitioner nor the petitioner's counsel appears at the hearing.

C. Denied or Dismissed Requests for Hearings. The Secretary shall deny or dismiss a request for a hearing if:

(1) It is withdrawn by the petitioner or the petitioner's counsel in writing;

(2) The petitioner dies, dissolves, or otherwise terminates the petitioner's activities; or

(3) It is abandoned.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332)
Authority: Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland

COMAR 01.02.03.13 Records.

A. Preparation. The Secretary shall prepare an official stenographic record of the proceedings in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The record shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceedings. Any party requesting a typewritten transcript of the hearing, or part of it, is responsible for its cost.

B. Availability. The record shall be available to each party or each party's counsel at any reasonable time for a period not to exceed 2 years or until all litigation involving the decision is ended, whichever date is later.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332)
Authority: Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland

COMAR 01.02.03.14 Decisions.

A. Content and Distribution.

(1) Every final decision rendered by the Secretary shall be in writing and shall be accompanied by findings of fact and conclusions of law.

(2) The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact.

(3) The Secretary shall mail to each party or each party's counsel a copy of the decision and accompanying findings and conclusions within 30 days of the hearing.

B. Right to Judicial Review. The Secretary shall advise the petitioner in writing of the petitioner's right to judicial review.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332)
Authority: Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland

01.02.04 Charitable Organizations: Substantive Regulations

COMAR 01.02.04.01 Definitions.

A. Terms defined in Business Regulation Article, §6-101, Annotated Code of Maryland, shall have the same meaning for the purposes of these regulations as they do in the Act.

B. Terms defined in these regulations shall have the same meaning for the purposes of the Act as they do in these regulations.

C. “Act” means Business Regulation Article, Title 6, Annotated Code of Maryland.

D. Bona Fide Religious Organization.

(1) “Bona fide religious organization” means an organization established for religious purposes or an organization which serves religion by the fostering of religion, including the moral and ethical aspects of a particular faith.

(2) “Bona fide religious organization” includes an organization whose members or congregation are the primary source of revenue and whose purpose is an integral part of the membership's or congregation's mission.

E. “Charitable organization affiliated with a State agency” means a charitable organization which engages in activities for the benefit of the State agency or to further the purposes of the State agency, or both, through the use of contributions solicited from the public.

F. “Charitable purpose” means any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose for religion, health, education, social welfare, arts and humanities, and civic and public interests.

G. “Day” means calendar day.

H. “Exempt filer” means a charitable organization that is required to file an annual fundraising notice and an IRS Form 990 pursuant to §6-407 of the Act, but is otherwise exempt from the registration and disclosure requirements of the Maryland Solicitations Act pursuant to §6-102(c) of the Act because the organization did not raise more than $25,000 in its most recently completed fiscal year or solicited for a named individual and the gross amount was delivered to the individual.

I. “Feasibility study” means a study made by or on behalf of a charitable organization, before the undertaking of a fund-raising activity, for the purpose of determining whether the organization should undertake the activity. It does not include purchasing, preparing, testing, or revising mailing lists of potential contributors, or embarking on a new campaign different from previous campaigns.

J. “Membership” means that for the payment of fees, dues, assessments, and similar obligations, an organization provides services and confers a bona fide right, privilege, professional standing, honor, or other direct benefit, in addition to the right to vote, elect officers, or hold office. It does not include those persons who are granted a membership solely on the basis of making a contribution as a result of solicitation. In the case of an accredited school, college, or university, the students, alumni, their parents, past and present board members, and school personnel shall be considered members of the organization.

K. “Organization” means a charitable organization as defined by §6-101(d)(1)—(3) of the Act.

L. “Religious purpose” means maintaining or propagating religion or supporting public religious services, according to the rites of particular denominations.

M. “Secretary” means the Maryland Secretary of State.

Cross References

01.02.11.02B(3)

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.02 Responsibilities of Persons Regulated.

A. Notice of Tax Deductibility.

(1) An organization shall advise its members of the amount, if any, of the membership fees, dues, fines, or assessments which the Internal Revenue Service does not consider tax deductible as a contribution.

(2) An organization shall advise each purchaser or contributor of the amount, if any, of the contribution which the Internal Revenue Service does not consider tax deductible.

B. Financial Management.

(1) A person shall establish a system of internal accounting controls which will provide reasonable assurance that all transactions have been properly executed and recorded.

(2) If an audit is required, the audit shall be made in accordance with generally accepted auditing standards and in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding period.

(3) The governing board of an organization may not permit the commingling of the organization's assets with those of any other person without establishing and maintaining adequate accounting controls over the ownership and use of the assets.

C. Submission of Fund-Raising Contracts. An organization using the services of a professional solicitor or fund-raising counsel shall submit with its registration and each annual report a copy of each fund-raising agreement.

D. Identification of Alternate Names. A charitable organization which uses more than one name, or a name other than the name or names filed at the time of registration to solicit charitable contributions, shall include in their registration materials the name of the organization and any alternate names it uses or used in the previous year when soliciting contributions. An exempt filer which uses more than one name or a name other than the name or names filed in the most recently submitted annual fundraising notice shall include the name of the organization and any alternate names it uses or used in the previous year while soliciting contributions.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.03 Responsibilities of the Secretary.

A. Notification to Persons Not Registered. The Secretary shall:

(1) Identify to the extent possible persons who have not registered and are subject to the provisions of the Act;

(2) Send to those identified the necessary forms and instructions and with instructions on how to access a copy of the Act and regulations; and

(3) Advise the person not in compliance of the person's unlawful solicitation and note that a failure to register may result in the institution of enforcement proceedings by the Secretary of State or Attorney General as set forth in §6-205 of the Act.

B. Notice of Annual Report Filing. The Secretary shall issue each registered charitable organization a report reminder notice 30 days before the charitable organization's annual report is due. Failure to receive the reminder does not affect the organization's responsibility to timely file the annual fiscal report.

C. Notice of Annual Fundraising Notice. The Secretary shall issue each exempt filer a reminder 30 days before the organization’s annual fundraising notice is due. Failure to receive the reminder does not affect the exempt filer’s responsibility to timely file the annual fundraising notice.

D. Substitution of Required Forms. If information asked for on any form required by the Maryland Solicitations Act or regulations promulgated by the Secretary of State pursuant to §6-204 of the Act is contained in any other written material, the Secretary may accept other material in hard copy or electronic form instead of the completed form.

E. Extension of Time for Filing Annual Fiscal Reports. The Secretary may grant an organization an extension of time to file its annual report. The extension may not exceed the 15th day of the 11th month after the end of the charitable organization’s fiscal year.

F. Incomplete Annual Fiscal Report. An organization’s annual fiscal report required by the Act to be filed with the Secretary under §6-408 of the Act which does not contain the requested information or is not accompanied by the required fee, if any, is incomplete. The Secretary shall notify the person who submitted the incomplete form of the incompleteness and of the items required to comply. The Secretary shall allow that person 60 days in which to comply before late fees shall be assessed pursuant to §6-407(c) of the Act.

G. Incomplete Annual Fundraising Notice. If an exempt filer has failed to submit an annual fundraising notice due under §6-405 of the Act, or has filed an incomplete or incorrect annual fundraising notice, the Secretary may notify the exempt filer and identify each of the items required to comply. If an exempt filer has been so notified, the exempt filer shall submit the required documents within 30 days of the notice. A person so notified may request, in writing, additional time to comply

H. Incomplete Application for Registration. For persons who have filed an incomplete application for registration under §6-404 of the Act, the Secretary may allow an additional 15 days from the date of the notice of an incomplete application in which to comply. A person so notified of an incomplete application for registration may request, in writing, an additional 30 days in which to comply.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.04 Allocation of Expenses.

A. Program Services Expenses.

(1) Program services expenses are activities which the organization was created to conduct and which form the basis for the organization's tax-exempt status. Each major program service shall be distinguishable from all other program services, and shall include activities, the costs of which can be practicably segregated and accounted for in the records of the organization.

(2) Examples of program services expenses include, but are not limited to, the following:

(a) Research;

(b) Public education;

(d) Patient services; and

(e) Community services.

(3) The expenses of public education materials and activities, which include a specific appeal for financial support, may be jointly allocated with other functions according to the Financial Accounting Standard Board's Statement of Position 98-2 and any subsequent accounting guidance.

B. Supporting Services Expenses. Supporting services expenses are the expenses related to the organization's auxiliary services that support program services. The expenses of supporting services shall be allocated between two classifications: management and general expenses, and fund-raising expenses.

C. Management and General Expenses.

(1) Management and general expenses are the expenses which are not directly identifiable with any of the organization's program service activities or fund-raising activities but are indispensable to the conduct of each of them and to an organization's existence. They include expenditures for the overall direction of the organization, general record keeping, business management, general board activities, and related purposes.

(2) Examples of management and general expenses include, but are not limited to, the following:

(a) General board and committee meetings;

(b) Executive direction;

(d) Office management;

(e) Accounting, auditing, and budgeting;

(f) Legal services;

(g) Personnel procurement;

(h) Purchasing and distribution of materials unrelated to fund-raising activities;

(i) Receptionist, switchboard, mail distribution, filing, and other central services;

(j) Administrative reporting;

(k) Legal and accounting services generated by papers required to be filed by the Act;

(l) Fees required by the Act; and

(m) Organization and procedure studies.

(3) If the chief officer or any member of his staff spends a portion of his time directly supervising fund raising or program service activities, his salary and expenses shall be prorated among those activities. If the chief officer or any member of his staff spends all of his time supervising the overall direction of the organization, his salary and expenses shall be management and general expense.

(4) Direct supervision of program services and of fund raising shall be allocated to those activities and not to the management and general activities.

D. Fund-Raising Expenses.

(1) Fund-raising expenses are the expenses of those activities of which the intent and purpose is an appeal for financial support or the solicitation of funds. They include expenditures for activities that constitute an integral and inseparable part of an appeal for financial support.

(2) Examples of fund-raising expenses include, but are not limited to, the following:

(a) Transmitting appeals for contributions to the public;

(b) Salaries of personnel associated with campaigns or other solicitations;

(d) Publicizing fund-raising campaigns and special events (for example, by paid public relations counselors, by printed, radio, and TV material; in meetings with potential contributors; through campaign “kick-off” dinners);

(e) Conducting fund-raising campaigns, including the services of fund-raising consultants and professional solicitors; purchasing, preparing, maintaining, and revising mailing lists; recruiting and training volunteer solicitors and other campaign personnel; soliciting in person or by mail; acquiring and distributing of seals and other enclosures with appeals for contributions, campaign kits, coin containers, and other fund-raising materials; and maintaining fund-raising records;

(f) Participation in local federated and governmental fund-raising campaigns, including attendance at pre-campaign budget reviews;

(g) Participation in fund-raising special events by employees of the organization benefited;

(h) Solicitation of bequests, foundation grants, and other special gifts (for example, from corporations, from affluent individuals);

(i) Clinics, workshops, and other activities for improving fund-raising techniques;

(j) Preparation and distribution of fund-raising manuals and instructions;

(k) Feasibility studies;

(l) Goods, food, entertainment, or drink sold or provided in connection with an appeal for contributions; and

(m) Postage and printing expenses incurred in connection with an appeal for contributions.

(3) An organization shall allocate to fund-raising expenses an appropriate portion of the salaries of regular staff members who devote time to record keeping relating to fund-raising activities whether during a campaign period or other period of solicitation.

E. Additional Financial Information. The Secretary of State may require charitable organizations to provide additional financial information pertaining to the allocation of expenses.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.05 Repealed.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.06 Payments for Property Sold or Services Rendered.

If an organization implies or states that payments for property sold or services rendered by the organization will be used in whole or in part for charitable purposes, the act of selling property or rendering services shall be a solicitation, and all the payments shall be contributions.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.07 Declaratory Rulings as to Status.

An organization uncertain of its status under that Act may request a declaratory ruling from the Secretary in accordance with COMAR 01.02.03.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.08 Repealed.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.09 Determination of Charitable Purpose.

A. Charitable Purpose and Noncharitable Purposes. An organization's governing instrument, actions, deeds, oral statements and written materials shall be used to determine whether the organization has a charitable purpose.

B. Solicitations. If a solicitation reflects both the charitable and noncharitable purposes of the organization, the proceeds of the entire solicitation shall be designated for charitable purposes.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.10 Method of Delivery of Required Forms and Other Written Materials.

A. Mailing Address. The official mailing address of the Secretary for delivery and receipt of any mail, information, filings, registrations, applications, or other material required by the Act or regulations promulgated by the Secretary of State pursuant to §6-204 of the Act is: Office of the Secretary of State, Charitable Organizations Division, 16 Francis Street, Annapolis, MD 21401.

B. Electronic Submission. The Secretary may accept forms or other written materials required by the Act or regulations promulgated by the Secretary of State pursuant to §6-204 of the Act, by electronic transmission. The Secretary may specify or adopt additional forms or electronic filing requirements.

C. The signature of a person signing forms or other materials required by the Act or regulations promulgated by the Secretary of State pursuant to §6-204 of the Act shall be an original or electronic signature acceptable to the Secretary under Commercial Law Article, §21-117, Annotated Code of Maryland.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.11 Consolidated Filings.

An organization which files a consolidated registration statement on behalf of its Maryland chapters, branches, or affiliates, shall state separately the names and addresses of those organizations included in the consolidated filing.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.12 Federated Fund-Raising Organizations.

A federated fund-raising organization shall state the names and addresses of its member agencies in its registration statement.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.13 Employee of a Charitable Organization.

In determining whether an individual is an employee of an organization, a professional solicitor, or a fund-raising counsel, the payment of payroll taxes on behalf of the individual and reporting the payments, salaries, or fees as income for the individual to the Internal Revenue Service is evidence that an employer-employee relationship exists. The Secretary may require proof that these are being reported to the Internal Revenue Service.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.14 Repealed.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.15 Complaints.

A. Complaints alleging a violation of the Act or these regulations may be filed with the Secretary.

B. A complaint shall:

(1) Be in writing;

(2) State the name, address, and telephone number of the complainant;

(3) State to the extent possible the nature of the alleged violation, the date of occurrence, and the name of each person involved;

(4) Include to the extent possible any materials distributed by the alleged violator; and

(5) Include any other information which the complainant believes useful to sustaining the complaint.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.16 Disclosure of Information.

The Secretary may request additional information which relates to a true and full disclosure of facts affecting a person's past or impending solicitation or practices, to aid the Secretary in the administration of the Act.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.17 Repealed.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.18 Repealed.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.19 Prohibited Acts.

A. Closely Related Names. A person may not use a name, symbol, or statement so closely related to that used by a charitable organization or governmental agency that the use would tend to confuse or mislead the public.

B. Restrictions on Use of Name. A person may not use a name implying an activity in any field of law enforcement, public safety, fire fighting, or emergency services unless a majority of the members of the organization are actively engaged in that field.

C. Unordered Goods. A person who sends unordered goods, printed materials, or pamphlets to prospective contributors or purchasers may not request the return of these items or refer to the unordered items in an attempt to induce the prospective contributor or purchaser to make a contribution.

D. Duplicate Tickets. A person selling seats in connection with a charitable solicitation may not sell duplicate tickets for the same seat.

E. A person may not, in connection with the solicitation of contributions, make any false or misleading oral or written statement or other representation which has the capacity, tendency, or effect of deceiving or misleading the person solicited.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.20 Professional Solicitors' and Fund-Raising Counsel's Contracts.

A. The Secretary of State shall make a determination that a contract between a professional solicitor or fund-raising counsel and a charitable organization does or does not comply with Maryland law within 30 days of the filing of the contract with the Secretary of State. Upon notification that a contract does not comply with the Maryland law, a new contract or contract addendum addressing the provisions not in compliance shall be executed and filed with the Secretary of State.

B. An application to register as a professional solicitor or fund-raising counsel shall be accompanied by a sample copy of the contract into which the professional solicitor or fund-raising counsel intends to enter with charitable organizations. The sample copy shall be completed to the extent necessary to disclose compensation and otherwise comply with Maryland law.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.20-1 Charitable Organizations Affiliated with State Agencies.

A. A charitable organization affiliated with a State agency that is required to register with the Secretary of State as a charitable organization shall file with its registration statement and with each annual report an audit prepared in accordance with generally accepted auditing standards if it is required to do so under §6-402(b)(7)(i) of the Act.

B. The auditor's opinion shall state whether the financial statements present fairly the financial position of the charitable organization affiliated with a State agency and the results of its operations and changes in fund balance for the year then ended, in conformity with generally accepted accounting principles.

C. The auditor shall give an agreed-upon procedures report describing the procedures performed and shall make a finding with respect to each of the following items, stating whether anything came to the attention of the auditor which would cause the auditor to have an adverse opinion as to each item:

(1) Whether the unrestricted resources of the organization were used in accordance with its purposes as stated in its charter, its bylaws, and the actions of its governing board;

(2) Whether restricted gifts or grants have been properly segregated and used in accordance with the restrictions or designations imposed by the donor or grantor;

(3) Whether all restricted funds are reported clearly as such;

(4) Whether the organization is in compliance with agreements between the organization and its affiliated State agency, particularly as they relate to money due the State agency from the private foundation;

(5) Whether the organization’s expenditures and activities are in compliance with the Internal Revenue Code, the Maryland Solicitations Act under Business Regulation Article, Title 6, Annotated Code of Maryland, and other federal, State, and local laws governing financial matters;

(6) Whether securities owned by the organization are in existence and adequately accounted for;

(7) Whether purchases and sales of securities were properly authorized;

(8) Whether investment income and gains or losses have been recorded in the appropriate fund;

(9) Whether adequate internal controls are in place to provide reasonable satisfaction that the amounts reported as contributions are not materially misstated;

(10) Whether adequate internal controls are in place to provide reasonable satisfaction that expenditures are properly classified; and

(11) Whether grants by the organization have been authorized by the governing board and procedures have been established to ascertain whether the grants made have been expended for their intended purposes.

D. If the auditor is unable to render an unqualified opinion regarding the financial statements of the organization or for any item in §B of this regulation, the auditor shall inform the organization in writing of recommendations for corrective action.

E. The auditor's written recommendations for corrective action shall be filed by the organization with its affiliated State agency and with the Secretary of State.

F. Review of Auditor's Recommendations.

(1) The Secretary of State shall review the auditor's recommendations and determine whether:

(a) Further auditing or other investigation is necessary; and

(b) Action shall be taken based on the auditor's recommendations and any investigation conducted.

(2) The Secretary of State may take one or more of the following actions based on the auditor's report or recommendations:

(a) Require the organization to take corrective action;

(b) Require the organization to report on corrective action taken within a certain time;

(d) Refer the matter to the Attorney General for civil enforcement; and

(e) Refer the matter to the appropriate State's attorney for prosecution.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.21 Penalties.

A person who violates these regulations is subject to the penalties contained in Business Regulation Article, §6-619, Annotated Code of Maryland.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

COMAR 01.02.04.22 Late Fee Waiver or Suspension.

A. A charitable organization may request the Secretary of State to waive or suspend a late fee.

B. A request to waive or suspend a late fee must:

(1) Be in writing;

(2) Explain the cause or causes of the charitable organization’s late filing; and

(3) To the extent such late filing was reasonably preventable, explain what has been or will be done to prevent future late filings.

C. In addition to the written request submitted in accordance with §B of this regulation, the Secretary of State may consider, among other factors and without limitation, the following when determining whether to grant a request to waive or suspend some or all of a late fee:

(1) Whether the charitable organization has submitted all required outstanding annual reports to the Secretary of State;

(2) Whether the charitable organization’s registration history includes previous late filings;

(3) Whether the charitable organization already paid some of the late fee;

(4) Whether the charitable organization previously asked for and was granted a late fee waiver or suspension; and

(5) Whether the charitable organization has the ability to pay the late fee.

D. If the Secretary of State makes a determination to waive or suspend some of the late fee, the charitable organization must pay any remaining late fee within 30 days of notification of the Secretary’s decision.

E. Failure of a charitable organization to fully comply after being granted partial waiver or suspension of a late fee will result in revocation of the late fee waiver or suspension.

F. A partial or complete denial of a late fee waiver or suspension request is not an adverse action under COMAR 01.02.03.05.

History

Administrative History: Effective date: February 10, 1978 (5:3 Md. R. 134)
Administrative History: Regulations .01—.04, .11, .14, .16, and .17 amended effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .04E amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .05 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .09 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17 repealed effective April 11, 1994 (21:7 Md. R. 529)
Administrative History: Regulation .17A amended effective February 15, 1982 (9:3 Md. R. 220)
Administrative History: Regulation .18 repealed effective September 9, 1985 (12:18 Md. R. 1764)
Administrative History: Regulation .19G adopted effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20 adopted and existing Regulation .20 renumbered as Regulation .21 effective May 5, 1986 (13:9 Md. R. 1023)
Administrative History: Regulation .20 amended effective September 8, 1986 (13:18 Md. R. 2018)
Administrative History: Regulation .20-1 adopted effective March 2, 1992 (19:4 Md. R. 471)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Administrative History: Regulation .01 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .02D adopted effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .03D amended effective June 6, 2016 (43:11 Md. R. 633)
Administrative History: Regulation .10 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .19 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1 amended effective August 8, 2022 (49:16 Md. R. 757)
Administrative History: Regulation .20-1A amended effective September 12, 2016 (43:18 Md. R. 1017)
Administrative History: Regulation .22 adopted effective January 19, 2026 (53:1 Md. R. 20)
Authority: Business Regulation Article, §6-204, Annotated Code of Maryland

01.02.05 Access to Public Records

COMAR 01.02.05.01 General.

These regulations set out the procedures for the filing of requests with the Secretary of State for the inspection and copying of records under State Government Article, §§10-611—10-628, Annotated Code of Maryland. It is the policy of the Secretary to facilitate public access to the records of the office when this access is allowed by law by minimizing costs and time delays to persons requesting information.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

COMAR 01.02.05.02 Definitions.

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

B. Terms Defined.

(1) “Act” means the provisions of State Government Article, §§10-611—10-628, Annotated Code of Maryland.

(2) “Applicant” means a person or governmental unit that asks to inspect a public record.

(3) “Office” means the Office of the Secretary of State.

(4) “Office custodian”, or “custodian”, means the Secretary of State or the Secretary's designee who has physical custody and control of a public record.

(5) “Official custodian” means the Secretary of State.

(6) Public Record.

(a) “Public record” means the original or any copy of any documentary material that:

(i) Is made by a unit or instrumentality of the State government or of a political subdivision or received by the unit or instrumentality in connection with the transaction of public business; and

(ii) Is in any form, including a card, computerized record, correspondence, drawing, film or microfilm, form, map, photograph or photostat, recording, or tape.

(b) “Public record” includes a document that lists the salary of an employee of a unit or instrumentality of the State government or of a political subdivision.

(7) “Secretary” means the Secretary of State of Maryland.

(8) “Working day” means every day except Saturdays, Sundays, and holidays, between the hours of 9 a.m. and 5 p.m.

(9) “Written documents” means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, or other documentary materials, regardless of physical form or characteristics.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

COMAR 01.02.05.03 Who May Request.

A person or governmental unit may request to inspect or copy any public record that is in the custody and control of the Office.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

COMAR 01.02.05.04 Necessity for Written Request.

The custodian shall make public records available for inspection by an applicant without demanding a written request. However, a written request shall be required when the custodian reasonably believes that the Act or any other law may prevent the disclosure of the record to the applicant or when the custodian believes that a written request will materially assist the Office in responding to the request. An applicant furnished a copy of any record may be required to provide the Office with a receipt for materials provided.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

COMAR 01.02.05.05 Contents of Written Request.

A written request shall contain the applicant's name and address, be signed and dated by the applicant, and shall reasonably identify by brief description the record sought.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

COMAR 01.02.05.06 Filing the Request.

A written request for a record in the custody and control of the Office shall be addressed to the custodian of the record. If the custodian of the record is unknown to the applicant, the request may be addressed to the Secretary.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

COMAR 01.02.05.07 Response to Request.

A. Within 10 working days of the receipt of the written request, the Office custodian shall respond to the written request for a record. This time period period may be extended for a period not to exceed an additional 20 working days if the custodian notifies the applicant in writing that the additional time is needed to respond to the request.

B. If the custodian denies the person access to a requested record or any portion of it, the custodian shall provide the applicant, within 10 working days of the denial, with a written statement of the grounds for the denial, which shall cite the statute or regulation under which access is denied, and remedies available for review of the denial under the Act or this chapter.

C. Any reasonably severable portion of a record shall be provided to the applicant after deletion of those portions which may be withheld from disclosure.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

COMAR 01.02.05.08 Notification of Persons Who May Be Affected by Disclosure.

Unless prohibited by law, the Office custodian may notify any person who could be adversely affected by disclosure of a record to the applicant, that a request for inspection or copying of a record has been made. The custodian may consider the views of this person before deciding whether to disclose the record to the applicant.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

COMAR 01.02.05.09 Records Not in the Custody and Control of the Person Receiving the Request.

If a requested public record is not in the custody or control of the person to whom written application is made, the person shall notify the applicant of this fact within 10 working days of the receipt of the request, and if known, the custodian of the record and the location of the record.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

COMAR 01.02.05.10 Records Temporarily Unavailable.

If the public record requested is in the custody and control of the person to whom written application is made, but is not immediately available for inspection or copying, the custodian shall notify the applicant of this fact within 10 working days of the receipt of the request and shall set a date and hour within a reasonable time at which date and time the custodian shall make the record available to the applicant for inspection or copying.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

COMAR 01.02.05.11 Records Destroyed or Lost.

If the requested record has been destroyed or lost, the custodian to whom the application is made shall notify the applicant of this fact within 10 working days of the request and shall explain in the response the reasons or circumstances which led to the custodian's inability to produce the record.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

COMAR 01.02.05.12 Review of the Denial.

If the written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

COMAR 01.02.05.13 Disclosure Against Public Interest.

If, in the opinion of the official custodian, disclosure of any public record which is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the official custodian may temporarily deny the request in writing. In these cases, the official custodian shall apply within 10 working days of the denial to the appropriate circuit court for an order permitting him to continue to deny or restrict the disclosure. Notice of the application filed with the circuit court shall be served upon the applicant by the Office custodian in the same manner provided for service of process by the Maryland Rules of Procedure.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

COMAR 01.02.05.14 Fees.

A. Fee Schedule.

(1) The charge for each copy is 30 cents per page. However, when records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the charge for reproducing the record will be determined on a case-by-case basis at actual cost.

(2) Charges may also be made for all postage and other mailing costs.

B. If the fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by a law other than the Act, the specific fee contained in that law shall determine the amount charged for that record.

C. If the custodian is unable to copy a record within the Office, he shall make arrangements for the prompt reproduction of the record at public or private facilities. The custodian shall collect from the applicant a fee that will be determined on the basis of actual cost.

D. Instead of collecting a fee from the applicant, the Office may allow the applicant to pay it directly to the public or private facility making the copy, printout, or photograph of the file.

E. Before reproducing a record, the custodian shall estimate the cost of reproduction and obtain agreement of the applicant that the cost shall be paid. The custodian may demand prepayment of any estimated fee before reproducing the record.

F. If the applicant requests the custodian to waive or reduce any fee charged pursuant to this chapter (for example, if the applicant asserts an inability to pay), the custodian may waive or reduce the fee after determining that the waiver or reduction is in the public interest.

G. Providing Lists.

(1) The Secretary may provide lists of public information in the records maintained by the Office to those persons who request them but may not provide a notary public list under this section for the purpose of telephone solicitation.

(2) The Secretary shall charge a reasonable fee, not less than the cost of producing the list and not less than 5 cents per entry, for any list furnished under this section.

(3) The Secretary may charge a reduced fee to persons requesting a list for governmental or not-for-profit purposes.

(4) A person furnished any information under this section may not distribute or otherwise use the information for any purpose other than that for which it was furnished.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

COMAR 01.02.05.15 Time of Inspection.

An applicant may inspect any public record during the normal working hours of the Office.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

COMAR 01.02.05.16 Place of Inspection.

The place of inspection shall be the place where the document is located unless the custodian determines that another place of inspection is more suitable and convenient after taking into account the applicant's expressed wish.

History

Administrative History: Effective date: August 31, 1981 (8:17 Md. R. 1419)
Administrative History: Regulation .02A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02B amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03 amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .07B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12 amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .12D amended effective October 3, 1988 (15:20 Md. R. 2332)
Administrative History: Regulation .14A amended effective October 3, 1988 (15:20 Md. R. 2332); December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .14G adopted effective December 11, 2000 (27:24 Md. R. 2198)
Authority: State Government Article, §10-613, Annotated Code of Maryland

01.02.06 Condominiums and Cooperatives: Income Eligibility

COMAR 01.02.06.01 Income Eligibility Figures Applicable to Condominium Conversions in Maryland.

A. Pursuant to the provisions of the Real Property Article, §11-137, Annotated Code of Maryland, and Corporations and Associations Article, §5-6B-07, income eligibility figures have been prepared to assist in the determination of “designated households” within the meaning of these sections.

B. A county or incorporated municipality which is located within a Standard Metropolitan Statistical Area (SMSA) may, by ordinance or resolution, adopt the income eligibility figure applicable to the county or to the SMSA.

History

Administrative History: Effective date: November 22, 1982 (9:23 Md. R. 2255)
Administrative History: Regulation .01A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02 amended as an emergency provision effective November 2, 1985 (12:25 Md. R. 2467); adopted permanently effective February 10, 1986 (13:3 Md. R. 270)
Administrative History: Regulation .02 amended effective January 26, 1987 (14:2 Md. R. 126); May 30, 1988 (15:11 Md. R. 1329); April 17, 1989 (16:7 Md. R. 811); June 25, 1990 (17:12 Md. R. 1493); April 1, 1991 (18:6 Md. R. 684); April 13, 1992 (19:7 Md. R. 743); April 12, 1993 (20:7 Md. R. 639); May 23, 1994 (21:10 Md. R. 840); April 10, 1995 (22:7 Md. R. 534); June 17, 1996 (23:12 Md. R. 868); July 13, 1997 (24:14 Md. R. 1013); May 18, 1998 (25:10 Md. R. 745); July 26, 1999 (26:15 Md. R. 1147); August 7, 2000 (27:15 Md. R. 1399); August 20, 2001 (28:16 Md. R. 1481); December 12, 2002 (29:24 Md. R. 1917); February 14, 2005 (32:3 Md. R. 288)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective June 2, 2008 (35:11 Md. R. 1042)
Administrative History: Regulation .03 adopted effective September 25, 2006 (33:19 Md. R. 1558)
Authority: Real Property Article, §11-137; Corporations and Associations Article, §5-6B-07; Annotated Code of Maryland

COMAR 01.02.06.02 Table of Median Income Figures.

The income eligibility figures which appear below represent 80 percent of the median household income for each county and metropolitan statistical area (MSA) in the State.

Income Eligibility for 2007

| | Median Household Income of the County | Income Eligibility Figure (80% of the County Median Income) | Median Household Income of the Region | Income Eligibility Figure (80% of the Region) | | --- | --- | --- | --- | --- | | | | | | | | BALTIMORE REGION | | | | | | Anne Arundel | $79,950 | $63,960 | $66,050 | $52,840 | | Baltimore City | $37,850 | $30,280 | $66,050 | $52,840 | | Baltimore County | $63,150 | $50,520 | $66,050 | $52,840 | | Carroll County | $75,050 | $60,040 | $66,050 | $52,840 | | Harford County | $74,600 | $59,680 | $66,050 | $52,840 | | Howard County | $93,050 | $74,440 | $66,050 | $52,840 | | WASHINGTON SUBURBAN REGION | | | | | | Frederick County | $80,650 | $64,520 | $82,500 | $66,000 | | Montgomery County | $87,500 | $70,000 | $82,500 | $66,000 | | Prince George's County | $70,250 | $56,200 | $82,500 | $66,000 | | SOUTHERN MARYLAND REGION | | | | | | Calvert County | $87,400 | $69,920 | $77,050 | $61,640 | | Charles County | $78,450 | $62,760 | $77,050 | $61,640 | | St. Mary's County | $63,200 | $50,560 | $77,050 | $61,640 | | WESTERN MARYLAND REGION | | | | | | Allegany County | $38,400 | $30,720 | $48,000 | $38,400 | | Garrett County | $40,850 | $32,680 | $48,000 | $38,400 | | Washington County | $51,650 | $41,320 | $48,000 | $38,400 | | UPPER EASTERN SHORE REGION | | | | | | Caroline County | $47,200 | $37,760 | $61,800 | $49,440 | | Cecil County | $62,100 | $49,680 | $61,800 | $49,440 | | Kent County | $49,750 | $39,800 | $61,800 | $49,440 | | Queen Anne's County | $73,800 | $59,040 | $61,800 | $49,440 | | Talbot County | $54,350 | $43,480 | $61,800 | $49,440 | | LOWER EASTERN SHORE REGION | | | | | | Dorchester County | $42,500 | $34,000 | $48,700 | $38,960 | | Somerset County | $35,250 | $28,200 | $48,700 | $38,960 | | Wicomico County | $47,350 | $37,880 | $48,700 | $38,960 | | Worcester County | $53,100 | $42,480 | $48,700 | $38,960 |

History

Administrative History: Effective date: November 22, 1982 (9:23 Md. R. 2255)
Administrative History: Regulation .01A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02 amended as an emergency provision effective November 2, 1985 (12:25 Md. R. 2467); adopted permanently effective February 10, 1986 (13:3 Md. R. 270)
Administrative History: Regulation .02 amended effective January 26, 1987 (14:2 Md. R. 126); May 30, 1988 (15:11 Md. R. 1329); April 17, 1989 (16:7 Md. R. 811); June 25, 1990 (17:12 Md. R. 1493); April 1, 1991 (18:6 Md. R. 684); April 13, 1992 (19:7 Md. R. 743); April 12, 1993 (20:7 Md. R. 639); May 23, 1994 (21:10 Md. R. 840); April 10, 1995 (22:7 Md. R. 534); June 17, 1996 (23:12 Md. R. 868); July 13, 1997 (24:14 Md. R. 1013); May 18, 1998 (25:10 Md. R. 745); July 26, 1999 (26:15 Md. R. 1147); August 7, 2000 (27:15 Md. R. 1399); August 20, 2001 (28:16 Md. R. 1481); December 12, 2002 (29:24 Md. R. 1917); February 14, 2005 (32:3 Md. R. 288)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective June 2, 2008 (35:11 Md. R. 1042)
Administrative History: Regulation .03 adopted effective September 25, 2006 (33:19 Md. R. 1558)
Authority: Real Property Article, §11-137; Corporations and Associations Article, §5-6B-07; Annotated Code of Maryland

COMAR 01.02.06.03 Table of Uncapped Low Income Limits as Adjusted for Family Size.

The uncapped low income limits as adjusted for family size calculated by the U.S. Department of Housing and Urban Development for assisted housing programs appear below. Since the U.S. Department of Housing and Urban Development only adopts uncapped low income limits as adjusted for family size for the Washington, D.C. area, only the Maryland counties included in the Washington, D.C. area can adopt the figures.

HUD Family size adjustments

| Uncapped FY 2005 Low Income Limits | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | FMR AREA | State | FY 2005 Median Family Income | FY 2005 Four - Person Low - Income | 1- Person | 2- Persons | 3- Persons | 4- Persons | 5- Persons | 6- Persons | 7- Persons | 8- Persons | | Washington | D.C. | $89,300 | $58,000 | $50,000 | $57,200 | $64,300 | $71,400 | $77,200 | $82,900 | $88,600 | $94,300 |

History

Administrative History: Effective date: November 22, 1982 (9:23 Md. R. 2255)
Administrative History: Regulation .01A amended effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .02 amended as an emergency provision effective November 2, 1985 (12:25 Md. R. 2467); adopted permanently effective February 10, 1986 (13:3 Md. R. 270)
Administrative History: Regulation .02 amended effective January 26, 1987 (14:2 Md. R. 126); May 30, 1988 (15:11 Md. R. 1329); April 17, 1989 (16:7 Md. R. 811); June 25, 1990 (17:12 Md. R. 1493); April 1, 1991 (18:6 Md. R. 684); April 13, 1992 (19:7 Md. R. 743); April 12, 1993 (20:7 Md. R. 639); May 23, 1994 (21:10 Md. R. 840); April 10, 1995 (22:7 Md. R. 534); June 17, 1996 (23:12 Md. R. 868); July 13, 1997 (24:14 Md. R. 1013); May 18, 1998 (25:10 Md. R. 745); July 26, 1999 (26:15 Md. R. 1147); August 7, 2000 (27:15 Md. R. 1399); August 20, 2001 (28:16 Md. R. 1481); December 12, 2002 (29:24 Md. R. 1917); February 14, 2005 (32:3 Md. R. 288)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective June 2, 2008 (35:11 Md. R. 1042)
Administrative History: Regulation .03 adopted effective September 25, 2006 (33:19 Md. R. 1558)
Authority: Real Property Article, §11-137; Corporations and Associations Article, §5-6B-07; Annotated Code of Maryland

01.02.07 Raffles of Real Property

COMAR 01.02.07.01 Definitions.

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

(1) “Bona fide charitable organization” or “charitable organization” means a nonprofit organization that:

(a) Is established for benevolent, charitable, educational, eleemosynary, humane, patriotic, philanthropic, or religious purposes; and

(b) To the extent required by Business Regulation Article, Title 6, Annotated Code of Maryland, is currently registered with the Secretary of State or is exempt from registration.

(2) “Bona fide charitable organization” or “charitable organization” does not include a political party, political committee, or political club.

(3) “Person” means any individual or any partnership, firm, association, corporation, or other entity.

(4) “Raffle” means:

(a) A drawing made from a single series of chances that are sold, for money or other valuable consideration, by means of chance books, pursuant to which drawing a winner is selected to receive a prize or award consisting of real property; or

(b) Any undertaking to advertise the holding of a raffle or the sale of raffle chances.

(5) “Real property” means:

(a) Land or any interest in land; and

(b) That which is affixed to the land.

History

Administrative History: Effective date: March 28, 1983 (10:6 Md. R. 551)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .07C amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Authority: Criminal Law Article, §12-106, Annotated Code of Maryland

COMAR 01.02.07.02 General.

A. Only a bona fide charitable organization may conduct a raffle of real property under authority of Criminal Law Article, §12-106, Annotated Code of Maryland.

B. A charitable organization may not sell, advertise for sale, or offer for sale in this State any chance for a raffle of real property except in accordance with this chapter.

History

Administrative History: Effective date: March 28, 1983 (10:6 Md. R. 551)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .07C amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Authority: Criminal Law Article, §12-106, Annotated Code of Maryland

COMAR 01.02.07.03 Required Permits and Filings.

A. Before a charitable organization may advertise or conduct a raffle or real property in this State, the charitable organization shall:

(1) Obtain any applicable license or permit to conduct a raffle from the political subdivision of this State in which the real property to be raffled is located;

(2) At least 10 business days before the charitable organization advertises the raffle or sells any chance, file a disclosure statement with the Secretary of State on the form provided by the Secretary of State for that purpose; and

(3) Before the submission of a disclosure statement for any raffle in a calendar year, satisfy the requirements of this chapter for all prior raffles in the calendar year.

B. The disclosure statement shall include, but not be limited to, the following information:

(1) The name and address of the charitable organization that is conducting the raffle;

(2) The address of the real property to be raffled and a brief description of that property;

(3) The date and time the charitable organization will select the winner of the raffle, and the location of the drawing;

(4) The amount of consideration to be paid for each chance;

(5) A good faith estimate of the current fair market value of the property to be raffled and, if applicable, a photocopy of the appraisal required by Regulation .04B of this chapter;

(6) The amount and nature of all liens or encumbrances on the property, if any, that will remain the responsibility of the winner on transfer of the property to the winner;

(7) A good faith estimate of the amount of the closing costs, if any, that the winner will have to pay to acquire title to the property;

(8) The name, business and home addresses, and business and home telephone numbers of an authorized representative of the charitable organization conducting the raffle;

(9) A photocopy of all agreements between the charitable organization and the party that sold or is selling the real property to the charitable organization, which shall evidence the charitable organization's title to the real property and reflect the purchase price paid or to be paid by the charitable organization for that property;

(10) A photocopy or sample of the chance tickets to be sold; and

(11) The conditions, if any, under which the charitable organization reserves the right to cancel the raffle, together with a description of the method by which the charitable organization will refund the purchase price paid for any chances bought before cancellation.

History

Administrative History: Effective date: March 28, 1983 (10:6 Md. R. 551)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .07C amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Authority: Criminal Law Article, §12-106, Annotated Code of Maryland

COMAR 01.02.07.04 Requisite Title to Property.

A. Before a charitable organization may advertise or conduct a raffle of real property in this State, the charitable organization shall own at least equitable title to the real property to be raffled.

B. If the charitable organization has obtained or will obtain equitable or other title to the real property pursuant to a conditional sales agreement, an option, or any similar arrangement that is in any way dependent or conditioned on the actual holding of or the outcome of the raffle, the purchase price to be paid by the charitable organization for the real property may not exceed the current fair market value of the property, as evidenced by a bona fide independent appraisal of the property made within 90 days preceding the date on which the drawing is to be held.

C. The amount of the purchase price paid or to be paid by the charitable organization for the real property may not be conditioned on the amount of the proceeds received or to be received by the charitable organization from the sale of chances.

Cross References

01.02.07.03B(5)

History

Administrative History: Effective date: March 28, 1983 (10:6 Md. R. 551)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .07C amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Authority: Criminal Law Article, §12-106, Annotated Code of Maryland

COMAR 01.02.07.05 Receipts and Notices.

A. A charitable organization conducting a raffle of real property may not sell any chance unless, at the time of sale, the purchaser is given a written receipt for each chance bought, in the form of a ticket that contains:

(1) The name and Maryland address of the organization that is conducting the raffle;

(2) The address of the real property to be raffled and a brief description of that property;

(3) The date and time the organization will select the winner of the raffle, and the location of the drawing;

(4) The amount of consideration paid for the chance;

(5) A notice to the purchaser that a complete disclosure statement regarding the raffle is available, on request and at no cost, from the charitable organization;

(6) A notice that the winner is responsible for any liens, encumbrances, closing costs, and applicable taxes unless otherwise provided in the disclosure statement; and

(7) If needed, a notice that, if the raffle is cancelled, a percentage of the price of a chance may be retained by the charitable organization for administrative costs.

B. A written notice advertising the raffle shall include the information required in §A of this regulation.

C. The charitable organization shall obtain the name and address of each purchaser of a raffle chance.

D. Disclosure Statement.

(1) The charitable organization shall provide each purchaser of a chance, on request and at no cost to the purchaser, a copy of the disclosure statement filed with the Secretary of State.

(2) Before the transfer of title to the raffle winner, the charitable organization shall provide the winner with a copy of the disclosure statement and obtain a signed acknowledgment of its receipt from the winner.

(3) A copy of the signed acknowledgment shall be filed with the Secretary of State and retained by the charitable organization for a minimum of 3 years after the winner acknowledges receipt of the disclosure statement.

(4) The disclosure statement provided to any purchaser of a chance and to the raffle winner shall include a statement that the disclosure statement has been placed on file with the Secretary of State of Maryland.

Cross References

01.02.07.10B

History

Administrative History: Effective date: March 28, 1983 (10:6 Md. R. 551)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .07C amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Authority: Criminal Law Article, §12-106, Annotated Code of Maryland

COMAR 01.02.07.06 Delivery of Prize.

Within 90 days of the selection of the winner of the raffle, legal title to the real property raffled shall be transferred to the winner, as evidenced by a recording of the transfer in the land records of the political subdivision in which the real property is located.

History

Administrative History: Effective date: March 28, 1983 (10:6 Md. R. 551)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .07C amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Authority: Criminal Law Article, §12-106, Annotated Code of Maryland

COMAR 01.02.07.07 Accounting of Income and Expenditures.

Within 90 days after the selection of the raffle winner, the charitable organization shall file with the Secretary of State an accounting of all income and expenditures associated with the raffle on forms provided by the Secretary of State for that purpose.

History

Administrative History: Effective date: March 28, 1983 (10:6 Md. R. 551)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .07C amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Authority: Criminal Law Article, §12-106, Annotated Code of Maryland

COMAR 01.02.07.08 Contracting for the Conduct of Raffles.

A. If a charitable organization undertaking a raffle of real property agrees to compensate any other person for assistance in conducting the raffle, the charitable organization shall file a copy of that agreement, which shall be in writing, with the Secretary of State within 10 days of its execution.

B. Any party to that agreement, other than the charitable organization, shall register with the Secretary of State as a “professional solicitor”, pursuant to the provisions of Business Regulation Article, Title 6, Annotated Code of Maryland, and conform with all applicable provisions of those sections.

History

Administrative History: Effective date: March 28, 1983 (10:6 Md. R. 551)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .07C amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Authority: Criminal Law Article, §12-106, Annotated Code of Maryland

COMAR 01.02.07.09 Use of Proceeds.

Except as otherwise expressly authorized in these regulations:

A. All proceeds from a raffle of real property shall be received by the charitable organization conducting the raffle and, after payment of the reasonable costs and expenses related to the raffle, may only be used by the charitable organization in furtherance of its charitable purposes; and

B. No other person or group of persons may benefit financially from, receive, or be paid any of the proceeds from the raffle.

History

Administrative History: Effective date: March 28, 1983 (10:6 Md. R. 551)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .07C amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Authority: Criminal Law Article, §12-106, Annotated Code of Maryland

COMAR 01.02.07.10 Canceled Raffles—Refunds.

A. Except as provided in §B of this regulation, the charitable organization shall reimburse each purchaser of a chance with the full purchase price paid by that purchaser if the charitable organization cancels the raffle after chances have been sold and before the winner is selected.

B. If proper notice is given as provided in Regulation .05A of this chapter, the charitable organization may retain up to 1 percent of the price of a chance to cover administrative costs.

History

Administrative History: Effective date: March 28, 1983 (10:6 Md. R. 551)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .07C amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: ——————
Administrative History: Chapter revised effective November 13, 2000 (27:22 Md. R. 2059)
Authority: Criminal Law Article, §12-106, Annotated Code of Maryland

01.02.08 Notary Public: General Regulations

COMAR 01.02.08.01 Definitions.

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

(1) “Acknowledgment” means a declaration by an individual before a notarial officer that:

(a) The individual has signed a record for the purpose stated in the record; and

(b) If the record is signed in a representative capacity, the individual signed the record with proper authority, and signed it as the act of the individual or entity identified in the record.

(2) “Affirmation” means a solemn statement of truth, made under penalty of perjury before a notary public.

(3) “Communication technology” means an electronic device or process that:

(a) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and

(b) When necessary, under and consistent with other applicable law, facilitates communication between a notary public and a remotely located individual who has a vision, hearing, or speech impairment.

(4) Notarial Act.

(a) “Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the laws of the State.

(b) “Notarial act” includes:

(i) Taking an acknowledgment;

(ii) Administering an oath or affirmation;

(iii) Taking a verification on oath or affirmation;

(iv) Witnessing or attesting a signature;

(v) Certifying or attesting a copy; and

(vi) Noting a protest of a negotiable instrument.

(5) “Notarize” means to perform a notarial act with respect to a record.

(6) “Notarization” means the act of notarizing.

(7) “Oath” means a sworn solemn statement of truth made under penalty of perjury by an individual who believes in and appeals to a Divine Being to evidence the seriousness of the individual's actions or words.

(8) “Original notarial act” means the completion of a single notarial act involving one record.

(9) “Remote notarial act” means a notarial act performed by a notary public for a remotely located individual using communication technology.

(10) “Remote online notary vendor” is a company that provides communication technology primarily used to facilitate a notarial act for a remotely located individual and the technology offered by the vendor includes identity proofing and credential analysis that the notary public may use when required by law to identify a remotely located individual.

(11) “Remotely located individual” means an individual who is not in the physical presence of the notary public who performs a notarial act.

(12) “Verification on oath or affirmation” means a declaration made by an individual on oath or affirmation before a notarial officer that a statement in a record is true or that a remotely located individual has the identity claimed.

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.02 Charges and Fees.

A. A notary public may demand and receive a fee of no more than the following for the performance of an original notarial act:

(1) $8 for the performance of a notarial act; or

(2) $30 for the performance of a remote notarial act.

B. When a notary public is requested to notarize more than one copy of the same record, where the copy or copies have been signed at the same time by the same person or persons, the notary may demand and receive $8 for notarizing each signature on the original or first copy of the record, and may demand and receive $4 for each signature on each additional copy of the same record.

C. When a notary public is requested to make reproductions of a notarized record or an entry in the notary’s journal by photocopying or other means, the notary may demand and receive not more than $2 for each copy furnished.

D. A notary public may demand and receive reimbursement at the prevailing rate for mileage established by the Internal Revenue Service for business travel and a fee not to exceed $5 for travel if required for the performance of a notarial act.

E. A notary public may charge $6 for certifying a copy of a record in the notary’s journal.

Cross References

01.02.08.11C(3)

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.03 Processing Fee.

Each application for an original or renewal appointment as a notary public shall be accompanied by a processing fee of $25 payable to the Secretary of State.

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.04 Qualifications of Remote Online Notary Venders.

A. To qualify as an authorized remote online notary vendor by the Secretary of State, the vendor shall meet the following criteria:

(1) The vendor shall be incorporated to do business in the United States of America;

(2) The vendor shall be a company based in the United States of America that has been lawfully operating in the United States of America for at least 3 years;

(3) All encryption and decryption services provided by the remote online notary vendor shall occur in the United States of America; and

(4) The vendor shall utilize commercially reasonable practices, procedures, and technology consistent with or better than the practices, procedures, and technology generally used by other vendors engaged in offering remote notarization services.

B. Technology used by a remote online notary vendor shall allow Maryland notaries public to meet requirements of the notary law, including but not limited to the following:

(1) Allow the notary to securely identify the remotely located individual by personal knowledge or satisfactory evidence as described in State Government Article, §18-214(a)(1)(i)—(iii), Annotated Code of Maryland;

(2) Allow for the retention of audio-visual recordings created under State Government Article, §18-214(a)(3), Annotated Code of Maryland, for at least 10 years; and

(3) Ensure that the notary public has access to the audio-visual recordings of their notarial acts.

Cross References

01.02.08.06

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.05 Responsibilities of a Remote Online Notary Vendor.

A. A remote online notary vendor shall receive written authorization from the Secretary of State before allowing its technology to be used by Maryland notaries public.

B. A remote online notary vendor shall apply to the Secretary of State for authorization using the form prescribed for this purpose by the Secretary of State.

C. Before a remote online notary vendor may provide services to a Maryland notary public, the vendor shall:

(1) Provide training to the Maryland notary public on how to use the remote online notary vendor’s technology; and

(2) Check with the Office of the Secretary of State or the Office’s website to confirm that a notary public is in good standing:

(a) At the time the notary subscribes to its service; and

(b) Annually thereafter, for the duration of the notary’s subscription to its service.

D. A remote online notary vendor shall comply with the information security protections and procedures found in the Maryland Personal Information Protection Act, Commercial Law Article, §14-3501 et seq., Annotated Code of Maryland.

E. In the event of a breach of a security system, a remote online notary vendor shall provide notice of the breach of the security system to the Office of the Secretary of State at the same time as giving the notice required by the Maryland Personal Information Protection Act, Commercial Law Article, §14-3504(b), Annotated Code of Maryland.

Cross References

01.02.08.06

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.06 Revocation of Remote Online Notary Vendor Authorization.

The Secretary of State may revoke authorization of a remote online notary vendor if the Secretary of State determines that the technologies used by the remote online notary vendor do not meet the requirements of applicable law or regulations. Prior to revoking authorization, the Secretary of State or a designee may speak to the vendor informally to determine if the vendor meets the qualifications for authorization set forth in Regulation .04 of this chapter and responsibilities set forth in Regulation .05 of this chapter.

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.07 Obligations of Notaries Public Who Perform Remote Notarial Acts.

A. To perform remote notarial acts, a Maryland notary public shall be a currently commissioned Maryland notary public in good standing and shall:

(1) Notify the Office of the Secretary of State in writing of their intent to perform remote notarial acts using a form prescribed by the Office of the Secretary of State for this purpose before they may perform remote notarial acts;

(2) If the notary public intends to perform remote notarial acts using a remote online notary vendor:

(a) Identify the authorized remote online notary vendor or vendors they intend to use to perform such remote notarial acts;

(b) Notify the Office of the Secretary of State in writing within 10 business days after making a change to a new remote online notary vendor, if the notary public changes vendors; and

(c) If the notary public reasonably believes a remote online notary vendor previously selected does not allow the notary public to meet requirements set forth in State Government Article, Title 18, Subtitle 2, Annotated Code of Maryland, and any applicable regulations, the notary public shall promptly notify the Office of the Secretary of State in writing.

(3) If the notary public intends to perform remote notarial acts without identifying remotely located individuals through identity proofing and credential analysis the notary public shall submit a form used by the Office of the Secretary of State for this purpose and acknowledge that the notary public must have personal knowledge under State Government Article, §18–206(a), Annotated Code of Maryland of the identity of the remotely located individual or have satisfactory evidence of the identity of the remotely located individual by verification on oath or affirmation from a credible witness appearing before and identified by the notary public under State Government Article, §18–206(b), Annotated Code of Maryland or as a remotely located individual under this section.

(4) Use technology that can make an audio-visual record of the entire physical location of the notarial act and all persons physically present for the remote notarial act;

(5) Require all persons physically present with the remotely located individual for the remote notarial act to identify themselves and their role in the transaction;

(6) Charge no more than the allowed fee for a notarial act under State Government Article, §18–214, Annotated Code of Maryland, as set forth in Regulation .02F of this chapter; and

(7) Create and retain an audio-visual recording of each performance of a remote notarial act for a minimum of 10 years .

B. Upon renewal of a notary public’s commission, a notary public will be required to submit a new remote notary notification form with the Office of the Secretary of State.

C. A notary public’s authority to perform remote notarial acts expires with the expiration of their notary public commission.

D. A notary public authorized to perform remote notarial acts may cancel their authorization by submitting a written notice to the Office of the Secretary of State.

E. It is unlawful for any individual to represent themselves to be authorized to perform remote notarial acts if the individual has not provided the required notification to the Office of the Secretary of State.

F. The Secretary of State may not authorize a notary public to perform remote notarial acts if the person submits a notary application containing a substantial and material misstatement or omission of fact.

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.08 Responsibilities of Notaries Public.

A. The notary is responsible for reading and understanding State Government Article, Title 18, Annotated Code of Maryland, as well as regulations, handbooks, and other public guidance issued by the Secretary of State relating to responsibilities of notaries public and performance of notarial acts.

B. Notaries public are public officers and it is their legal responsibility to perform notarial acts in compliance with the notary law and regulations.

C. When a notary public uses an identification credential under State Government Article, §18-206(b) or 18-214(a)(1)(ii)—(iii), Annotated Code of Maryland, to identify a remotely located individual or an individual in the notary public’s physical presence for the performance of a notarial act, the notary public shall document in the notary’s journal the identification number associated with the identification credential as confirmation that the individual signing a record was correctly identified.

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.09 Change in Name, Address, or Email Information.

Notaries public are required to notify the Office of the Secretary of State within 30 days if, at any time during their commission, a notary public changes their:

A. Name;

B. Home address;

C. Home phone number;

D. Cell phone number, if one was provided at the time of application;

E. Personal electronic mail (email) address;

F. Business phone number;

G. Business address, if one was provided at the time of application;

H. Business electronic mail (email) address, if one was provided at the time of application; or

I. County of residence.

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.10 Electronic Mail Communications.

Effective January 1, 2021, and except for correspondence relating to enforcement actions, the Office of the Secretary of State will send all communications to notaries public using electronic mail only. Each notary public is responsible for ensuring the Office of the Secretary of State has a current and active personal email address.

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.11 Enforcement Actions.

A. Due to a lawful delegation of authority from the Governor pursuant to State Government Article, §18-104(b)(1), Annotated Code of Maryland, the Secretary of State, effective January 21, 2015, and the Assistant Secretary of State, effective September 2, 2015, may take an enforcement action under State Government Article, §18-104(a), Annotated Code of Maryland, to deny, refuse to renew, revoke, suspend, or impose conditions on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public.

B. Acts or omissions found in State Government Article, §18-104(a)(1)(i)—(vii), Annotated Code of Maryland, govern when the Secretary of State or Assistant Secretary of State may take an enforcement action against a notary public.

C. Acts or omissions that may constitute a failure to discharge any duty required of a notary public, whether imposed by any federal or State law or regulations adopted by the Secretary of State, include but are not limited to:

(1) Failure to adequately identify a signer under the standards set forth in State Government Article, §18-206(a) or (b), Annotated Code of Maryland;

(2) Failure to properly execute a certificate of a notarial act in accordance with State Government Article, §18-215, Annotated Code of Maryland;

(3) Charging a fee for notarial services higher than allowable by Regulation .02 of this chapter;

(4) Failure to maintain an accurate record of notarial acts in a journal as required by State Government Article, §18-219, Annotated Code of Maryland; and

(5) Performing a remote notarial act before notifying the Secretary of State as required by Regulation .07A(1)—(3) of this chapter and State Government Article, §18-214(e), Annotated Code of Maryland.

D. A notary public convicted of a felony or crime involving fraud, dishonesty, or deceit shall report the conviction to the Office of the Secretary of State within 10 days of the conviction or within 10 days after they are released from incarceration, whichever is later. Failure to properly report under this paragraph may result in an enforcement action against the notary public under this regulation.

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.12 Publication of Commission Status.

The Office of the Secretary of State may choose to publish information relating to the status of the commission of a notary public or former notary public, including the date of commencement and expiration of any suspension, nonrenewal, or revocation of the commission. Disclosure of information under this regulation is deemed compliant with General Provisions Article, §4-332(b)(4), Annotated Code of Maryland.

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.13 Application for Authorization to Provide Notary Public Course of Study and Examination.

Each application shall include the following:

A. Completed application form for Authorization to Provide Notary Public Course of Study and Examination;

B. Course material;

C. Instructions for completing the course of study and examination;

D. Draft examination questions; and

E. Any other documentation requested by the Office of the Secretary of State.

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.14 Qualifications of Notary Public Course of Study and Examination Provider.

To qualify as an authorized notary public course of study and examination provider by the Secretary of State, the provider shall meet the following criteria:

A. Possess at least 3 years demonstrated experience and knowledge in the development and administration of a course of study and examination;

B. Demonstrate experience and knowledge interacting with learners subject to the laws, regulations, rules, or ethics required of a governmental entity; and

C. Demonstrate proficiency with the Maryland Notary Law, regulations, ethics, policies and procedures, as well as the Handbook for Maryland Notaries Public sufficient to respond to questions from participants.

Cross References

01.02.08.17

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.15 Responsibilities of an Authorized Notary Public Course of Study and Examination Provider.

A. The provider shall design and offer a course of study and examination that meets the standards set forth in Regulation .16 of this chapter, and that is accessible by all Maryland notary public applicants and renewal applicants.

B. The provider shall create a bank of test questions within 45 days after being authorized by the Secretary of State to offer the course of study and examination.

C. The provider shall offer a virtual or in-person course of study. For purposes of this subsection, “virtual” includes a synchronous and asynchronous online course of study.

D. For every applicant who completes the course of study, the provider shall give each applicant a Certificate of Completion at the end of the course of study.

E. The provider shall give a Certificate of Passing to each applicant who scored at least 80 percent or better on the examination. For applicants who score below 80 percent, the provider shall provide an opportunity for the qualified applicants to retest. An applicant is considered qualified to retest if they completed the course of study but failed to score at least 80 percent on the examination.

F. Upon request by the Secretary of State’s Office, authorized providers shall deliver the following information needed to verify who has completed a course of study and passed the examination:

(1) A list of Maryland notaries public and applicants who have completed a course of study and examination including the date or dates of the course and examination or examinations, as well as methods used to identify the notary public or applicant;

(2) The provider shall transmit applicant data in a timeframe as established by the Secretary of State’s Office using a secure and mutually agreeable format; and

(3) The provider shall ensure that all course and examination data is accurate and valid prior to its secure, electronic transmission to the Secretary of State’s Office.

G. The provider shall update the course of study and examination to reflect all changes to the notary law, regulations, procedures, and ethics within 60 days of being notified of the changes by the Office of the Secretary of State.

Cross References

01.02.08.16F

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.16 Course of Study and Examination Standards.

A. The course of study shall include the Maryland Notary Public laws, regulations, ethics, procedures, and the Handbook for Maryland Notaries Public. Every topic shall be fully covered so each participant can comply with the aforementioned requirements.

B. The design of the examination shall offer each applicant a mix of questions of comparable difficulty to every other applicant and sourced from each of the sections in the Handbook for Maryland Notaries Public covering the laws, regulations, ethics, and procedures.

C. Instructions for the course and examination shall be comprehensive in scope and explain the requirements of education, how to apply for examinations, when examinations are given, the cost of the course of study and examination, and requirements for passing the examination. Instructions must notify the applicant how to access the current Handbook for Maryland Notaries Public.

D. Each question on the examination must be relevant to the requirements of the Maryland notary public laws, regulations, ethics, procedures, and/or Handbook for Maryland Notaries Public.

E. The provider shall have a robust bank of at least 50 different test questions so that repeat applicants do not receive a statistically sufficient number of previously attempted test questions.

F. The examination shall contain at least 20 questions that are clearly stated in a multiple-choice format, and each applicant must correctly answer at least 80 percent of the questions in order to be issued a Certificate of Passing under Regulation .15E of this chapter.

G. Each question on the examination shall contain 4 multiple-choice answers with only one correct answer.

H. If the provider provides applicants with an electronic examination format, providers shall provide applicants with a secure operating system capable of administering electronic examinations.

I. The testing system shall provide immediate scoring which notifies the applicant of passing or failure at the conclusion of the examination session.

Cross References

01.02.08.15A

01.02.08.17

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.08.17 Revocation of Notary Public Course of Study and Examination Provider Authorization.

The Secretary of State may revoke authorization of a notary public course of study and examination provider if the Secretary of State determines that the provider of the course of study and/or examination failed to comply with the qualifications, responsibilities, and standards set forth in Regulations .14—.16 of this chapter. Prior to revoking authorization, the Secretary of State or a designee may speak to the provider of the course of study and examination informally to determine if the provider meets the qualifications, responsibilities, and standards set forth in Regulations .14—.16 of this chapter.

History

Administrative History: Effective date: October 8, 1984 (11:20 Md. R. 1740)
Administrative History: Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)
Administrative History: Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)
Administrative History: Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)
Administrative History: Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)
Administrative History: ——————
Administrative History: Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)
Administrative History: Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)
Administrative History: Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)
Administrative History: Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)
Administrative History: Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective October 5, 2020 (47:20 Md. R. 874)
Administrative History: Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)
Administrative History: Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)
Administrative History: Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)
Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020

COMAR 01.02.09.01 Time-Share Registration.

After giving the registrant 15 days written notice, and an opportunity to have a hearing before the Secretary of State, the Secretary may:

A. Suspend or terminate approval of a time-share public offering statement; or

B. Suspend or terminate the approval order for a time-share public offering statement.

History

Administrative History: Effective date: June 17, 1985 (12:12 Md. R. 1161)
Administrative History: Regulations .01 and .02 repealed and new Regulations .01 and .02 adopted effective September 25, 2006 (33:19 Md. R. 1558)
Authority: Real Property Article, §§11-127 and 11A-112, Annotated Codeof Maryland

COMAR 01.02.09.02 Condominium Registration.

After giving the registrant 15 days written notice, and an opportunity to have a hearing before the Secretary of State, the Secretary may:

A. Suspend or terminate approval of a condominium public offering statement; or

B. Suspend or terminate the approval order for a condominium public offering statement.

History

Administrative History: Effective date: June 17, 1985 (12:12 Md. R. 1161)
Administrative History: Regulations .01 and .02 repealed and new Regulations .01 and .02 adopted effective September 25, 2006 (33:19 Md. R. 1558)
Authority: Real Property Article, §§11-127 and 11A-112, Annotated Codeof Maryland

COMAR 01.02.10 Digital Signatures [Repealed]

History

Administrative History: Effective date: November 1, 1999 (26:22 Md. R. 1691)
Administrative History: Regulations .01—.06 repealed effective September 25, 2006 (33:19 Md. R. 1558)

01.02.11 Maryland Safe at Home Address Confidentiality Program

COMAR 01.02.11.01 Purpose.

A. The purpose of the Maryland Safe at Home Address Confidentiality Program is to:

(1) Allow a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking to have a State or local government agency and private entities use a substitute address in place of an actual address;

(2) Enable State and local agencies to respond to requests for public records without disclosing the location of a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking;

(3) Enable interagency cooperation in providing address confidentiality for survivors of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking; and

(4) Enable a Program participant to use an address designated by the Secretary as a substitute address.

B. This chapter describes the process to be followed to apply for participation in the Program. While the law permits an individual to apply for participation in the Program on that individual's own behalf, it is anticipated and encouraged that assistance with the application be provided by domestic violence programs or other professionals who may be counseling the survivor. In this regard, the regulations streamline the application process when the required documentation is provided by individuals associated with domestic violence programs or other application assistants registered with the Secretary.

C. This chapter requires the use of a participant’s substitute address designated by the Secretary and prohibits disclosure of a participant’s identity information as defined in Real Property Article, §3-114 (e), Annotated Code of Maryland, by both governmental and nongovernmental entities. The Secretary shall forward all first-class, registered, and certified mail received by the Secretary for a participant.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.02 Definitions.

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

B. Terms Defined.

(1) “Application assistant” means an employee or volunteer:

(a) Of a federal, State, or local agency, or of a nongovernmental program, that provides counseling, referral, shelter, or other services to survivors of domestic violence, sexual assault, stalking, or human trafficking; and

(b) Who has been designated by the respective agency or program, and trained and registered by the Secretary, to assist individuals in completion of the Program application.

(2) “Authorization card” means the card issued by the Secretary to a participant.

(3) “Bona fide religious organization” has the meaning stated in COMAR 01.02.04.01.

(4) “Notice of ACP Participation” means the form prescribed by the Secretary in accordance with State Government Article, §7-311(c)(1), Annotated Code of Maryland, to identify an individual as a participant, request the use of the participant’s substitute address, and prohibit disclosure of a participant’s identity information.

(5) “Participant” means an individual designated by the Secretary to participate in the Program.

(6) “Program” means the Address Confidentiality Program established under Title 7, Subtitle 3, Annotated Code of Maryland.

(7) “Real Property ACP Notice” means the form prescribed by the Secretary in accordance with Real Property Article, §3-115, Annotated Code of Maryland, to request the shielding of real property records.

(8) “Religious, medical, or other professional” means an individual:

(a) Licensed as a physician, nurse, social worker, professional counselor or therapist, or psychologist under the Health Occupations Article, Annotated Code of Maryland; or

(b) Who is a minister, pastoral counselor, or associate of an organization providing services to survivors of domestic violence, sexual assault, stalking, harassment, or human trafficking under the auspices of a bona fide religious organization.

(9) “Secretary” means the Secretary of State of Maryland, or the Secretary's designee.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.03 Who May Apply.

Beginning October 1, 2006, an individual may apply to participate in the Program. To be designated as a participant in the Program, the individual shall:

A. Satisfy the requirements of State Government Article, §7-304, Annotated Code of Maryland;

B. Be a present or future primary resident of Maryland;

C. Complete and sign the following, as provided by the Secretary:

(1) Application form; and

(2) Checklist of understanding.

D. Have recently relocated or intend to relocate within 30 days from the date of application to an address unknown to the abuser and, at the time of application, not readily accessible to the general public, according to the discretion of the Secretary;

E. Submit evidence satisfactory to the Secretary of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking ; and

F. Not have been previously cancelled from the Program for non-compliance with Program obligations as set forth in State Government Article, §7-307(a)(1), (3), and (4), Annotated Code of Maryland and these regulations.

Cross References

01.02.11.08A(2)

01.02.11.11D(3)

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.04 Motor Vehicle Administration.

To request that the Motor Vehicle Administration use the substitute address, a participant shall schedule an appointment with the Motor Vehicle Administration’s Customer Service Ombudsman or other designated contact for participants.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.05 Application Assistants.

A. Before being approved as an application assistant, an individual shall:

(1) Be recommended by a federal, State, or local governmental agency or a domestic violence, sexual assault, stalking, or human trafficking prevention or assistance program, or certify that the individual is a religious, medical, or other professional actively providing services to survivors of domestic violence, sexual assault, stalking, harassment, or human trafficking;

(2) Complete the training provided by the Secretary;

(3) Agree to comply with the statutes and regulations governing the Program; and

(4) Complete and sign the application assistant agreement form.

B. The registration of an applicant assistant is valid indefinitely unless withdrawn, suspended, or terminated.

C. The application assistant shall agree on the application form not to discriminate on the basis of race, creed, color, national origin, gender, sexual orientation, age, or mental or physical disability.

D. An application assistant is not an employee or agent of the Secretary or the State and may not claim or hold out to be so affiliated. The State is not liable for any failure to act or improper action of an application assistant.

E. To withdraw as an application assistant, the individual shall provide written notification to the Program.

F. If an application assistant ceases to be affiliated with the agency or program that initially recommended the assistant, the agency or program shall notify the Secretary and the assistant shall be removed from the roster of application assistants. If that application assistant becomes affiliated with another agency or program, the application assistant may be reinstated.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.06 Documentation.

A. The application of a survivor of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking shall be supported by documentation under State Government Article, §7-304(b)(2), Annotated Code of Maryland, and facilitated by an application assistant registered with the Secretary.

B. If the application is being facilitated by an individual not registered as an application assistant with the Secretary, the Secretary shall contact the individual to register the individual as an application assistant.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.07 Authorization Card.

A. Within 10 working days of receipt of a completed and signed application, the Secretary shall approve or deny the applicant as a participant.

B. If an application is approved, an authorization card shall be issued within 5 working days after the application is approved. The Secretary shall issue an authorization card to each survivor or household member named on the application form. The authorization card shall include:

(1) The participant's name;

(2) The authorization number;

(3) The substitute mailing address;

(4) The participant's signature;

(5) The expiration date;

(6) The phone number of the Program; and

(7) A list of the Program requirements for the purposes of a notification under State Government Article, §7-311(c)(1), Annotated Code of Maryland.

C. If an applicant is denied, the Secretary shall notify the applicant of the denial and the reasons for the denial within 5 working days of the denial.

D. Use of Authorization Card.

(1) A participant may request that a State or local agency or any person use the substitute address designated by the Secretary as the participant’s address.

(2) The participant shall show the participant's authorization card to the agency employee responsible for the record or to any person and request use of the substitute address.

(3) Agency personnel or any person:

(a) May make a photocopy of the authorization card; and

(b) Shall return the card to the participant.

(4) The agency shall accept the substitute address unless there is a waiver granted for a specific participant by the Secretary.

(5) Agency personnel or any person:

(a) May not question the participant regarding the details of the participant's inclusion in the Program;

(b) May not require a participant to submit any address that could be used to physically locate the participant either instead of or in addition to the substitute address, or as a condition of receiving a service or benefit, unless the service or benefit would be impossible to provide without knowledge of the participant’s physical location;

(c) May not require any additional proof of Program participation other than the Notice of ACP Participation in accordance with State Government Article, §7-308(b)(2), Annotated Code of Maryland;

(d) May not charge any fee to comply with this chapter; and

(e) Shall accept the substitute address as the address of the participant.

(6) A current and valid authorization card presented to agency personnel or any person shall be acceptable as a form to put an agency or a person on notice of Program participation in accordance with State Government Article, §7-311, Annotated Code of Maryland.

E. Lost or Stolen Authorization Card. The Secretary shall replace an authorization card after the participant has filed an affidavit with the Secretary certifying that the card has been lost or stolen. The affidavit shall be on a form provided by the Secretary.

Cross References

01.02.11.18A

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.08 Renewal of Application.

A. A participant may renew Program participation by filing with the Secretary the following:

(1) A copy of the participant's current authorization card or a statement that the card was lost or destroyed; and

(2) A completed renewal form provided by the Secretary, which shall require all of the information described in Regulation .03 of this chapter.

B. The Secretary shall send notice that a participant's participation is expiring 30 days before the expiration date.

C. On renewal, the Secretary shall send a new authorization card to the participant. The participant shall destroy and discard the expired card.

D. The Secretary may not renew an applicant if, at the time of renewal, the Secretary determines that the applicant’s actual address is readily accessible to the general public.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.09 Change of Name, Address, or Telephone Number.

A. Notification of a change of name shall:

(1) Be on a form provided by the Secretary;

(2) Include a copy of the participant's authorization card; and

(3) Be accompanied by sufficient evidence of the change.

B. Sufficient evidence of a legal name change under State Government Article, §7-306, Annotated Code of Maryland, includes, but is not limited to, a marriage certificate.

C. A participant may change the participant’s address in accordance with State Government Article, §7-306, Annotated Code of Maryland, by filing a form provided by the Secretary.

D. A participant may change the participant’s telephone number in accordance with State Government Article, §7-306, Annotated Code of Maryland, by notifying the Secretary by telephone or by filing a form provided by the Secretary.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.10 Withdrawal from Program.

A. Withdrawal from the Program is governed by State Government Article, §7-304(c)(2), Annotated Code of Maryland. The participant shall make the request on a form provided by the Secretary.

B. On receipt of a request for withdrawal from the Program, the Secretary may investigate whether the withdrawal is coerced by attempting to contact the participant or the domestic violence program that assisted the participant, or both.

C. A participant shall advise the Secretary and the participant’s application assistant as soon as possible on suspicion or knowledge that the actual address is known to the abuser or readily accessible to the general public.

D. On receipt of information from the participant or any other person that the actual address is known to the abuser or readily accessible to the general public, the Secretary may investigate by contacting the participant or the application assistant that assisted the participant, or both.

E. A participant is encouraged to submit a request for withdrawal from the Program if:

(1) The participant is no longer eligible for Program participation; or

(2) The Secretary determines that a participant’s actual address is readily accessible to the general public and the participant does not intend to relocate within 30 days to an address unknown to the abuser and not readily accessible to the general public.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.11 Cancellation from Program.

A. The provisions of State Government Article, §§7-305 and 7-307, Annotated Code of Maryland, govern when the Secretary may cancel the participation of a participant.

B. The Secretary may cancel the participation of a participant if mail forwarded by the Secretary to the participant’s address is returned as undeliverable by the United States Postal Service.

C. Under State Government Article, §7-307(a)(5), Annotated Code of Maryland, if the Secretary determines that the actual address of a participant is readily accessible to the general public, the Secretary shall notify the participant of the determination and intent to cancel participation. The participant may remain in the Program if they intend to relocate within 30 days, or longer upon written request and determination by the Secretary that additional time is needed to relocate, to an address unknown to the abuser and not readily accessible to the general public.

D. A program participant whose participation is cancelled under State Government Article, §7-307(a)(5), Annotated Code of Maryland may be eligible to reapply for participation if:

(1) Their address became known or publicly available through no fault of their own, and they were otherwise in compliance with Program rules and regulations;

(2) They have relocated to an address that is unknown to the abuser and not readily accessible to the general public; and

(3) They meet all other eligibility requirements under Regulation .03 of this chapter.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.12 Appeal of Cancellation.

If the Secretary cancels participation of a participant under, State Government Article, §7-305 or 7-307, Annotated Code of Maryland, the participant may appeal the decision by completing and filing an appeal form provided by the Secretary. The form shall require that the participant explain the circumstances that caused the violation of State Government Article, §7-305 or 7-307, Annotated Code of Maryland. The Secretary may speak to the participant informally to determine whether the participant understands and will comply with the Program requirements. A participant may request an informal hearing before the Secretary within 30 days of the cancellation.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.13 Waiver.

A. A State or local agency may request a waiver under State Government Article, §7-308(d), Annotated Code of Maryland, from the requirements of the Program for specific individual participants.

B. The waiver request shall be in writing on a form provided by the Secretary and contain:

(1) Identification of the statutory, regulatory, or administrative requirements that demonstrate the agency's bona fide purpose for the use of the actual address of a participant;

(2) Identification of the specific participant for which the waiver is requested;

(3) Identification of the individuals and agencies that will have access to the record;

(4) The name and telephone number of an individual to contact regarding the request; and

(5) An explanation of how the agency's acceptance of a substitute address will prevent the agency from meeting its obligations under the statute or regulation listed in §B(1) of this regulation.

C. During review of the agency's request for a waiver, the agency shall use the participant's substitute address for any record that is the subject of the waiver request.

D. Before granting a waiver, the Secretary shall:

(1) Notify the participant of the waiver request; and

(2) Inform the participant of the agency requesting the waiver and the reasons for the request.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.14 Board of Elections.

Under State Government Article, §7-309, Annotated Code of Maryland, a participant’s residential address must be used for voter registration purposes. The local board may not disclose a participant’s address except as described in State Government Article, §7-309, Annotated Code of Maryland. A participant may request a local board of elections or the State Board of Elections to keep the address confidential under COMAR 33.04.02.02C. To register to vote as a participant, the participant shall contact the State Board directly to identify as a participant. The State Board shall verify Program participation and voting precinct with the Secretary.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.15 Disclosure.

A. The Secretary may not disclose any records regarding a participant without a court order.

B. The Secretary may verify the participation of a participant and may provide the substitute address in accordance with State Government Article, §7-310(b)(2) and (c), Annotated Code of Maryland, or at the request of the participant.

C. The Secretary shall provide immediate notification to the participant of any disclosure of the participant's actual address.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.16 Service of Process.

A. Under State Government Article, §7-312(b), Annotated Code of Maryland, service of process on a participant, by a person or an agency that has received notice that the individual is a participant, shall be made:

(1) In person on the participant; or

(2) By mail on the Secretary.

B. On receipt of service of process by mail, the Secretary shall:

(1) Notify the participant; and

(2) Forward process by mail to the participant.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.17 State Income Tax.

If a participant uses the substitute address when filing a State income tax return, the participant shall disclose the actual Maryland county and actual city, town, or taxing area.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.18 Obligation on Receipt of Notice of Program Participation.

A. An agency or person who receives notification of Program participation in accordance with State Government Article, §7-311(c)(1), Annotated Code of Maryland, shall adhere to the requirements under Regulation .07 of this chapter.

B. Written notification acceptable as a form to put an agency or a person on notice under State Government Article, §7-311(c)(1), Annotated Code of Maryland, includes any one of the following as long as they state the requirements of the Program and that the individual is a participant:

(1) Notice of ACP Participation;

(2) Current and valid authorization card;

(3) A copy of the welcome letter issued to the participant on designation as a participant; or

(4) Written communication from the Secretary identifying an individual as a participant.

C. The Notice of ACP Participation shall be on the form that the Secretary prescribes and shall include the:

(1) Full legal name of the participant;

(2) Participant’s ACP number;

(3) Substitute address designated by the Secretary as the participant’s address;

(4) Program requirements in accordance with State Government Article, §7-311(c)(1), Annotated Code of Maryland;

(5) Telephone number of the Program; and

(6) Signature of the participant.

D. The Notice of ACP Participation satisfies the request that a bank, a credit union, any other depository institution, or any other financial institution within the meaning of Financial Institutions Article, §1-101, Annotated Code of Maryland, may require under State Government Article, §7-308(b)(2), Annotated Code of Maryland.

E. An agency or person who receives notification of Program participation in accordance with State Government Article, §7-311(c)(1), Annotated Code of Maryland, may not knowingly disclose the participant’s name, home address, work address, or school address unless the:

(1) Person to whom the address is disclosed also lives, works, or goes to school at the disclosed address; or

(2) Participant has provided written consent to the disclosure of the participant’s name, home address, work address, or school address for the purpose for which the disclosure will be made.

F. An agency or person on notice and authorized to disclose the name, home address, work address, or school address of a participant by the participant's consent under State Government Article, §7-311(c)(1)(ii), Annotated Code of Maryland, shall limit disclosure to only those disclosures that are necessary for the purpose for which the consent is provided.

G. On disclosure under State Government Article, §7-311(c), Annotated Code of Maryland, an agency or person on notice shall forward the notification of Program participation to the agency or person to whom the disclosure is made in order to put that agency or person on notice.

H. An agency or person on notice is presumed to have specific knowledge that the address and other identity information belongs to a participant.

I. An agency or person on notice shall use the participant’s substitute address for mailed correspondence.

J. Consent of the participant as set forth in State Government Article, §7-311(c), Annotated Code of Maryland, is required before an agency or person on notice may use the participant’s actual address on internal records or electronic databases that may be sold, transferred, or shared with third parties.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.19 Procedure to Request Shielding of Real Property Records.

A. To request the shielding of real property records, a participant shall notify the Secretary of initial consideration to purchase property before applying for financing or initiating the transaction, or, if the property was acquired without financing, immediately after acquiring an ownership interest in the real property.

B. On request for shielding, the Secretary shall provide the following forms to the participant:

(1) Notice of ACP Participation in accordance with State Government Article, §7-311(c)(1), Annotated Code of Maryland; and

(2) Real Property ACP Notice required under Real Property Article, §3-115(b)(2), Annotated Code of Maryland.

C. A participant or any agent of the participant shall submit a copy of the Notice of ACP Participation to any person involved in the real property transaction, including, but not limited to, the following:

(1) Attorney;

(2) Realtor;

(3) Mortgage broker;

(4) Lender;

(5) Title company; and

(6) Home owner’s association.

D. On receipt of a Notice of ACP Participation or Real Property ACP Notice, any person involved in the real property transaction shall adhere to the requirements under Regulations .07 and .18 of this chapter.

E. A participant or any agent of the participant shall submit a copy of the Real Property ACP Notice with the deed or other instrument to be recorded and the intake sheet required under Real Property Article, §3-104, Annotated Code of Maryland, to both the:

(1) Appropriate county finance office; and

(2) Clerk of the circuit court.

F. A participant or any agent of the participant shall submit a copy of any Real Property ACP Notice submitted under Real Property Article, §3-115(b), Annotated Code of Maryland.

G. If a participant intends to request the shielding of real property records, the participant or any agent of the participant may not submit any instrument for recordation electronically.

H. A participant or any agent of the participant shall use a separate Real Property ACP Notice for each property in which the participant acquires an ownership interest.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.20 Obligation on Receipt of Real Property ACP Notice.

A. On receipt of a Real Property ACP Notice:

(1) State and local agencies shall follow the established procedure in accordance with Real Property Article, §§3-115 and 3-117, Annotated Code of Maryland; and

(2) A clerk of the circuit court shall provide a copy of any Real Property ACP Notice received under Real Property Article, §3-115, Annotated Code of Maryland, to both the:

(a) State Department of Assessments and Taxation; and

(b) Maryland State Archives.

B. All State and local agencies shall use the participant’s substitute address for all mailed correspondence.

C. Restriction on Disclosures.

(1) Except as provided in Real Property Article, §3-116(b) and (c), Annotated Code of Maryland, a clerk of the circuit court and any State or local agency that receives a Real Property ACP Notice under Real Property Article, §3-115, Annotated Code of Maryland, may not disclose the participant’s identity information in conjunction with the property identified in the Notice.

(2) A participant’s identity information may be disclosed in conjunction with a property identified in a Real Property ACP Notice if:

(a) The participant consents to the disclosure for a specific purpose identified in a writing acknowledged by the participant;

(b) The information is subject to disclosure in accordance with a court order; or

(c) The Secretary authorizes the disclosure in accordance with Real Property Article, §3-118, Annotated Code of Maryland.

(3) Prohibition on disclosure shall continue until:

(a) The participant consents to the termination of the Real Property ACP Notice in a writing acknowledged by the participant;

(b) The Real Property ACP Notice is terminated in accordance with a court order;

(d) The Secretary gives written notice to the clerk of the circuit court that the individual named in the Real Property ACP Notice is no longer a participant.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.21 Termination of Shielding on Program Cancellation.

If an individual who has requested the shielding of property records in accordance with Real Property Article, §3-115, Annotated Code of Maryland, ceases to be a participant;

A. The Secretary shall give written notice to the clerk of the appropriate circuit court and the Maryland State Archives within 30 days after the individual ceases to participate in the Program; and

B. The clerk of the circuit court and the Maryland State Archives shall cease shielding all real property records relating to the property identified in the Real Property ACP Notice.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

COMAR 01.02.11.22 Authorized Disclosure for Title Examination.

A. On request, the Secretary may authorize the disclosure of real property records that have been shielded under Real Property Article, §3-116, Annotated Code of Maryland, for the purpose of performing a bona fide title examination.

B. A request under Real Property Article, §3-118, Annotated Code of Maryland, shall include:

(1) The name, title, address, and affiliated organization, if applicable, of the individual requesting the disclosure;

(2) The individual’s purpose for requesting the disclosure;

(3) The individual’s relationship, if any, to the participant;

(4) A legal description of the property subject to the title examination;

(5) A statement that any information disclosed to the individual shall be treated as confidential and shall be used and disclosed only for the purpose identified in the request;

(6) The individual’s signature; and

(7) Any other information required by the Secretary to respond to the request.

C. On receipt of a request under Real Property Article, §3-118, Annotated Code of Maryland, the Secretary shall provide a written response approving or denying the request within 2 business days.

D. The Secretary shall approve a properly completed request under Real Property Article, §3-118, Annotated Code of Maryland, if:

(1) The Secretary confirms that the property subject to the title examination is the property identified in the Real Property ACP Notice of a current participant;

(2) The Secretary determines that the request is for the purpose of performing a bona fide title examination; and

(3) The Secretary determines that the request is by a current participant for the participant’s own real property records as identified in the Real Property ACP Notice.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.15 adopted as an emergency provision effective October 1, 2006 (33:23 Md. R. 1793); adopted permanently effective January 29, 2007 (34:2 Md. R. 137)
Administrative History: Regulation .01A, B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .01A, C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .02B amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .03 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .03B, E amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .04 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .05A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .05B amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .06A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .07 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .07B, D amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .08D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .09C amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .09D adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10 amended effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .10A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .11 amended effective November 29, 2021 (48:24 Md. R. 1025); January 6, 2025 (51:26 Md. R. 1186)
Administrative History: Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .13A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .14 amended effective January 14, 2019 (46:1 Md. R. 11); November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .15B amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulations .16—.22 adopted effective January 14, 2019 (46:1 Md. R. 11)
Administrative History: Regulation .16A amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .18 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .19 amended effective November 29, 2021 (48:24 Md. R. 1025)
Administrative History: Regulation .22D amended effective November 29, 2021 (48:24 Md. R. 1025)
Authority: Real Property Article, §§3-114—3-120;State Government Article, §§7-301—7-313; Annotated Code of Maryland

01.03.01 General Regulations

COMAR 01.03.01.01 Definitions.

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

B. Terms Defined.

(1) “Act” means Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09, Annotated Code of Maryland, as amended from time to time.

(2) “Arbitration panel” means the arbitrators selected in accordance with the Act and these regulations to determine a health care malpractice claim.

(3) “Attorney” means a member of the Maryland Bar.

(4) “Award” means a final decision under the Act, whether in favor of the claimant or defendant.

(5) “Certificate of merit” means the formal verification by a qualified expert of a medically meritorious claim or defense to a claim.

(6) “Chairman” means the attorney member of the arbitration panel.

(7) County.

(a) “County” means all counties in the State.

(b) “County” includes Baltimore City.

(8) “Court” means a circuit court for a county.

(9) “Director” means the Director of the Health Care Alternative Dispute Resolution Office.

(10) “Health care provider” has the meaning stated in Courts and Judicial Proceedings Article, §3-2A-01(e), Annotated Code of Maryland.

(11) “Party” includes the counsel of record for a party.

(12) “Prehearing conference” means the conference that the chairman has with all parties at least 60 days before a hearing date.

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.02 Applicability of Maryland Rules.

Except as expressly provided otherwise in the Act and these regulations, the Maryland Rules of Procedure govern all proceedings under the Act.

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.03 Filing of Claims.

A. Format of Claims.

(1) Each claim made under the Act shall be filed with the Director on the claim form that the Director shall provide, including any narrative attachments.

(2) Each claim is to be accompanied by a personal information certification that includes the claimant's:

(a) Name;

(b) Home address;

(d) Date of birth;

(e) Social Security number; and

(f) Driver's license number.

(3) A claim may not be processed further without the personal information certification required under §A(2) of this regulation.

B. All appropriate allegations and exhibit references that indicate the basis of the claim should be attached to the claim form and referenced in the attachments.

C. A claim specifies the counties in which a court will have venue under Courts and Judicial Proceedings Article, Title 6, Subtitle 2, Annotated Code of Maryland, and an election by the claimant as to which of the counties is to have venue over the claim. A dual election is not permissible.

D. A claim may state the one or more particular recognized specialities within which the controversy lies.

E. A claim shall specify that the damages claimed are in excess of the jurisdictional limit of the Maryland District Court. A claim for a lesser amount is not within the jurisdiction of the Act.

F. Certificate of Merit.

(1) A claim or a defense is substantiated by the filing of a certificate of merit within the time provided and as more fully described by Courts and Judicial Proceedings Article, §3-2A-04(b)(1) and (2), Annotated Code of Maryland.

(2) A copy of the certificate of merit shall be served on each opposing party at the same time it is filed with the Director.

G. A claim may be amended to name additional defendants at any time before the completion of a panel selection, or within 10 days after the prehearing conference, whichever is later.

H. Advance Costs.

(1) Each new claim or counter claim shall be accompanied by a filing fee of $40.

(2) Each defendant's answer shall be accompanied by a filing fee of $25.

Cross References

01.03.01.17B(1)

01.03.01.17B(3)

01.03.01.17C(1)

01.03.01.17C(3)

01.03.01.17D(1)

01.03.01.17G

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.04 Claims Control.

A. Initial Filing of a Claim.

(1) A docket number is assigned to each claim when a new claim is filed.

(2) Subject to strike-period restrictions, a claim becomes a public record open during business hours for inspection.

B. Upon receipt of a claim, the chairman of an arbitration panel promptly shall forward to the Director any information and copies of correspondence and pleadings concerning the status of the claim, so that the Director's records are current.

C. All original pleadings are filed with the Director except for orders which are to be signed by the chairman.

D. Any portion of the claim docket that contains one party's strikes in any given category is removed from public availability until the striking process has been completed in each category.

E. Each claim or third-party claim is to be accompanied by a filing fee of $40.

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.05 Service of Pleadings.

A. The Director shall cause service of a copy of all claims and third-party claims to be made on each health care provider named. The sheriff's office shall make service in the jurisdiction where a defendant is located, or service may be made by any other method permitted by the Maryland Rules of Procedure.

B. The sheriff or private process server shall file with the Director an affidavit of service by the appropriate return day and show upon whom service was made and the date and place where service was effected.

C. All other pleadings and papers shall be filed with the Director and copies served on the chairman and the parties according to Rule 1-321 of the Maryland Rules of Procedure. All papers will contain the claim number assigned to the case upon the initial filing of the claim.

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.06 Response.

A. Each health care provider served with a claim shall file with the Director a response to the claim and any third-party claim within the time specified in the Maryland Rules of Procedure, with copies to all interested parties, including the chairman. A filing fee of $25 is to accompany an initial response or other pleading. The entry of subsequent counsel or other pleadings is without charge.

B. A response may state that the controversy falls within one or more particular recognized specialties.

C. A third-party claim shall be filed with the Director within 30 days of the response unless a later filing is agreed to by the parties or is allowed by the chairman or the Director.

D. Unless the defendant does not dispute liability, a certificate of a qualified expert and a report of the attesting expert shall be filed with the Director within 120 days from the date the claimant filed and served each defendant with a copy of claimant's certificate.

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.07 Arbitration Panel Selection.

A. Record of Panel Candidates.

(1) The Director shall compile and keep a current record of arbitration panel candidates. The Director may not submit to the parties any candidate's name whose biographical statement is more than 2 years old.

(2) The Director's records are divided into the following three categories:

(a) Members of the general public who are not attorneys, health care providers, or agents or employees of an insurance company or society;

(b) Attorneys who have been in the practice of law in the State for 3 years or more;

(3) If feasible, each category of the Director's records or lists is to be divided into geographical areas based on the county in which the candidate resides or is willing to serve.

(4) The Director shall compile a separate list of attorneys who are qualified and willing to serve as single arbitrators.

B. Preparation of Candidate Lists.

(1) Within 20 days after the time for filing a response the Director shall prepare an initial list of attorney panel candidates that contains the names of six individuals. These candidates shall be selected randomly from individuals residing, when possible, in counties in which a court would have venue under Courts and Judicial Proceedings Article, Title 6, Subtitle 2, Annotated Code of Maryland. If there are not a sufficient number of names from that county in which venue lies to permit random selection, the names shall be selected from neighboring counties, or from other individuals who are willing to serve where venue lies.

(2) The health care provider and public member lists are selected in similar fashion, except that the list of health care providers, if practicable, includes one or more health care providers from any specialty designated by any party to the action.

(3) The Director shall contact every individual on each initial list to determine the following:

(a) If the individual is available to serve on the panel;

(b) If the individual has any personal or economic relationship with any counsel or party to the claim for which this list is being prepared; and

(4) The name of an individual who is disqualified from serving will be removed from the list and will be replaced with the name of another individual randomly selected from the appropriate category and qualified according to §B(3) of this regulation.

(5) If a panel candidate knowingly fails to disclose a relationship with a party, the Director shall remove the name of the candidate from the records and, in the case of an attorney or health care provider, shall report the circumstances to the disciplinary unit of the appropriate licensing agency whenever the Director considers it appropriate.

C. Delivery of List to Parties.

(1) Within 20 days after the time for filing a response, the Director shall deliver to each party identical lists of chairman candidates from the attorney category, prepared by the Director pursuant to §B of this regulation, including a brief biographical statement on each chairman candidate, and a copy of Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-07, Annotated Code of Maryland.

(2) The Director shall deliver to each party identical lists of panel candidates from the general public and health care provider categories prepared by the Director not later than 20 days pursuant to §B of this regulation including a brief biographical statement on each panel candidate.

D. Party Selection of Candidates.

(1) In this regulation, “party” means, with respect to multiple claimants or multiple health care providers, all claimants, acting jointly, or all defendant health care providers, acting jointly, as the case may be.

(2) Within 15 days after delivery of the list of panel candidates to a party, the party may object in writing, stating the reason for objection to inclusion of a panel candidate. If a prospective health care provider panelist is the same individual as either party intends to use as a witness in the case, that fact shall be disclosed within the 15-day period or the witness may not be used at the hearing. If the panel candidate is removed from the list a replacement may be made with the name of another individual selected according to §B of this regulation. Within 30 days, or in a lesser period of time if so ordered by the chairman in conjunction with the Director upon a motion of a party, after delivery of the initial or replacement list, the parties shall return to the Director a copy of the list from which the names of not more than two panel candidates from each category may have been stricken.

(3) The parties, at any time before the beginning of the hearing, may submit to the Director a written agreement selecting a single arbitrator or an agreed upon arbitrator in any category.

(4) The Director shall make the strikes for a party on failure of the party to return a list, and for multiple claimants or defendant health care providers on notice that parties cannot agree on strikes in a particular category.

E. Notice of Appointment.

(1) Within 10 days after party selections of the panel candidates are received, the Director shall compare the lists, including those returned to the Director and those from which the Director has made strikes, and shall select the first mutually agreeable individual in each category.

(2) The Director shall notify each panel candidate selected by mailing a consent and agreement form to the candidate. Within 5 days after receiving the notice, the panel candidate shall sign and return to the Director the consent and agreement form.

(3) After a panel candidate files a written acceptance to serve, a candidate may not refuse to serve without filing with the Director a written statement of good cause showing that serving as an arbitrator would constitute an unreasonable burden or undue hardship.

(4) The Director may remove a panel member for good cause shown at least 15 days after giving notice of and reason for this intention. The panel member may submit a written statement of why there should not be such a removal and the Director shall consider any statement submitted by the panel member.

F. Vacancies.

(1) If a vacancy occurs in the chairman's position on an arbitration panel that has not begun hearings on the claim, the vacancy will be filled by a substitute panelist. The Director shall select as the substitute the next mutually agreeable individual from the list of attorney candidates. A party may withdraw a previously made strike so as to facilitate the Director's appointment of a substitute. Otherwise, the parties may agree upon any qualified individual, or a new list is made and delivered to all parties.

(2) If a vacancy occurs on an arbitration panel that has begun or completed hearings on the claim, but has not made an award, the claim is heard by a new arbitration panel, unless each party agrees in writing to the remaining panelists making the award or to a substitute panelist being selected by the Director. Otherwise a new list is delivered to all parties for striking of names.

(3) The Director shall keep three categorized lists of alternate arbitrators consisting of individuals who have served on not less than three cases and have rendered at least one award in favor of a claimant and one in favor of a defendant or, in the case of a health care provider, one who has served on at least one case in which there has been an award in favor of a claimant in which the health care provider concurred.

G. Contact with Panel Candidates and Members.

(1) Except as provided in §G(2) of this regulation, a party or counsel may not communicate directly with an arbitration panel candidate or member concerning the claim.

(2) A party or counsel shall communicate with a member of the arbitration panel only by either of the following means:

(a) Written communication submitted to the chairman of the panel and served on the other parties or their counsel and on the Director; or

(b) Oral communication with the panel member in the presence of the other parties or their counsel.

(3) An individual aware of any communication with a panel candidate or member in violation of §G(1) or (2) of this regulation immediately shall notify the Director. If, after investigation, the Director determines that the communication has prejudiced a hearing, the Director shall require selection of a new arbitration panel or a new panel member, if the parties do not agree to continue without the affected panelist.

H. Conflict of Interest. Before the conclusion of all aspects of the controversy, a panel member may not enter into a contract or other agreement that can form the basis for any partiality with any counsel, claimant, or health care provider involved in the claim.

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.08 General Authority of an Arbitration Panel.

A. Issues.

(1) The chairman shall decide all issues of law.

(2) The panel, in its entirety, shall decide all issues of fact.

B. Duties of the Chairman. The chairman shall:

(1) Decide all prehearing procedures including issues relating to discovery;

(2) Contact all parties within 2 months of appointment to determine a schedule for completion of discovery and a tentative hearing date, in accordance with Regulations .09C and .11A(1) of this chapter, and issue a scheduling order to all parties and the Director;

(3) Keep all parties, the panel, the court reporter, and the Director informed of the selected hearing date, postponements, or cancellations, and adjust the schedule as necessary to accommodate the panel; and

(4) Invoke, when necessary, the authority, powers, and directions as would be exercised normally by a circuit court judge in order to preserve the orderly progress of the case, except for contempt citations.

C. Majority of Panel. An arbitration panel shall exercise its authority by a majority.

D. The Director, if admitted to the Maryland Bar, and when a chairman has not been appointed or is temporarily unable to serve, may rule on issues of law that are not dispositive of the case and on the assessment of costs.

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.09 Discovery.

A. Definition. For purposes of this regulation, “party” includes every affiliate of a party.

B. Personnel of an affiliate shall be considered to have the same relationship with the party as the relationship to the affiliate. All records of an affiliate are considered to be in the possession and control of, and capable of production by, the party.

C. Maryland Rules of Procedure govern all discovery in any proceeding under the Act. The chairman of the arbitration panel shall determine all disputes concerning discovery.

D. Time for Discovery. All discovery shall be completed within 270 days from service on the last served defendant, unless extended by the chairman for good cause shown. The arbitration panel also may set a time for completion of all discovery and all procedural matters.

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.10 Prehearing Conference.

A. Time. At least 60 days before the hearings on a claim begin, unless mutually waived, all parties shall meet with the chairman of the arbitration panel in a prehearing conference.

B. Purpose.

(1) At the prehearing conference, the parties shall consider all of the following:

(a) Simplification and identification of the issues;

(b) Exchange of exhibits, other documentary evidence proposed to be offered in evidence, and the identity of all proposed medical witnesses;

(d) Limitation of the number of expert witnesses to be called and scheduling of the witnesses' appearances;

(e) Estimation of the length of the hearing;

(f) The first date for the hearing and successive hearings; and

(g) Any other matters that may aid in expeditious consideration and determination of the claim.

(2) Each party is expected to be prepared fully for a useful discussion of, and authorized fully to make commitments with respect to, all problems likely to arise in the proceedings. Preparation should include advance study of all relevant material and advance information communication between participants, including requests for additional information, to the extent that it appears feasible and desirable.

C. Order. The chairman of the arbitration panel shall prepare an order that specifies the agreements made at the prehearing conference. A copy of the order shall be filed with the Director and served on each party. The order shall control subsequent consideration of the controversy unless, within 7 days after service of the order, a party submits to the chairman written objections to the order specifying an error or unless all parties and the chairman agree on modification of the order.

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.11 Hearings.

A. Time and Place.

(1) The chairman shall set the time and place for all hearings. However, unless all parties agree otherwise, a hearing will be held only in a county in which a court would have venue under Courts and Judicial Proceedings Article, Title 6, Subtitle 2, Annotated Code of Maryland.

(2) The chairman may postpone a hearing on request of a party for good cause shown, or on the panel's own motion.

(3) The chairman may continue or recess a hearing from time to time as necessary.

B. Notice.

(1) The chairman shall give each party at least 15 days notice of a hearing. However, this provision does not apply to resumption of a hearing that has been continued according to §A(3) of this regulation, if reasonable notice of the resumption has been given. Appearance at the hearing by a party waives any objection the party may have to any defect concerning the notice requirement unless the objection is specifically reserved.

(2) The chairman shall also give public notice of the hearing. This requirement is complied with by filing a notice of the hearing at the office of the Director at least 2 days before the hearing.

C. Default. Notwithstanding the failure of a duly notified party to appear, the arbitration panel may hear and, on the evidence produced, determine the controversy.

D. Rules of Evidence.

(1) The arbitration panel is not bound by the technical rules of evidence.

(2) Properly authenticated hospital records and the records of treating health care providers are admissible without the necessity of calling the physician, subject to reasonable notice, and the right of the opposing party to depose.

(3) A party may not produce testimony from more than two experts in a designated specialty unless the chairman, for good cause shown, permits additional experts.

(4) Evidence of any advance payment under Courts and Judicial Proceedings Article, §3-2A-08(a), and Article 48A, §482(c), Annotated Code of Maryland, is not admissible until after the arbitration panel determines the issue of liability.

E. Rights of Parties.

(1) Each party has the right to be represented by counsel at any phase of the proceedings under the Act. If a party appears without counsel, the arbitration panel, if it has not done so previously, will on the record advise the party of the complexity of health care claims and suggest consideration of retaining counsel. A party who elects not to retain counsel may proceed without counsel. An attorney appearing in a representative capacity shall file with the Director a notice of appearance.

(2) On written request of a party for an interpreter, the panel shall first determine the need for an interpreter and, if needed, the panel shall provide the interpreter. The cost of the interpreter is considered a cost of the proceedings. A request for an interpreter shall be made not less than 30 days in advance of the hearing date.

(3) At the hearing, each party has the right to be heard, to present evidence material to the controversy, and to cross-examine witnesses.

F. Authority of Panel—Subpoenas.

(1) The chairman or the panel may issue subpoenas for attendance of witnesses and for production of records and other evidence.

(2) The chairman or the panel or any party may petition the court to enforce a subpoena. All provisions of law that may compel an individual under subpoena to testify apply to proceedings under the Act.

G. Authority of Panel—Witnesses.

(1) On request of a party, or on the panel's own motion, the arbitration panel shall administer the oath to a witness.

(2) Any panel member may question a witness.

(3) Witness fees are as provided for a witness in circuit courts of this State.

H. Authority of Panel—Record.

(1) Hearings before the Arbitration Panel.

(a) All proceedings before the arbitration panel are recorded.

(b) On written request of a party or on the panel's own motion, the proceedings, in whole or part, will be transcribed.

(d) If requested by the panel, the cost will become a part of the other assessable costs of the case, but a party may object to the incurring of this additional cost.

(e) The recorded tapes may not be destroyed for at least 5 years.

(2) Corrections and changes may not be made on the official transcript unless one of the following occurs:

(a) The arbitration panel determines the correction to be necessary to conform the transcript with the evidence as presented; or

(b) All parties agree in writing to the correction and the chairman of the panel concurs with the agreement.

I. Authority of Panel—Close of Hearing.

(1) After presentation of all evidence, an arbitration panel may order the parties to file briefs.

(2) The hearing shall close after presentation of all evidence or, if briefs are ordered, on the final date set for submission of briefs, or counsel's arguments on the briefs.

(3) An arbitration panel may reopen the hearing on written request of a party for good cause shown, or on the panel's own motion, at any time before the arbitration panel files its award.

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.12 Award.

A. Determination of Liability. An arbitration panel first shall determine, with respect to each health care provider named in the claim, whether or not there is liability to a claimant. This panel determination shall be considered an award, as to the issue of liability, for purposes of Courts and Judicial Proceedings Article, §3-2A-08(a), Annotated Code of Maryland. All remuneration vouchers of panel members and court reporting charges shall be submitted to the Director within 7 days after the date of the panel determination.

B. Award for Provider. If the arbitration panel determines that a health care provider is not liable, the panel shall make an award in favor of the provider.

C. Award for Claimant.

(1) If the arbitration panel determines that a health care provider is liable, the panel shall then consider and determine the amount of damages in accordance with §C of this regulation, and, subject to Courts and Judicial Proceedings Article, §§11-108 and 11-109, Annotated Code of Maryland, causes of action arising on or after July 1, 1986. Evidence of advance payments pursuant to Article 48A, §482A(c), Annotated Code of Maryland, is admissible at this stage of the proceeding.

(2) The panel shall determine:

(a) If one provider is determined liable to one claimant, the total amount of damages owed by the provider to the claimant;

(b) If more than one provider is determined liable to one claimant, the total amount of damages owed by each provider to the claimant;

(c) If one provider is determined liable to more than one claimant, the total amount of damages owed by the provider to each claimant; and

(d) If more than one provider is determined liable to more than one claimant, the total amount of damages owed by each provider to each claimant.

(3) If advance payment has been made under Courts and Judicial Proceedings Article, §3-2A-08(a), and Article 48A, §482A(c), Annotated Code of Maryland, the arbitration panel shall subtract the amount of advance payments made to a claimant on behalf of a provider from the total damages calculated to be owed by the provider to the claimant under §C of this regulation.

(4) The award of damages shall be adjusted as follows:

(a) If the amount of total damages exceeds the amount of advance payments, the net amount constitutes the award of damages for purposes of §C(4)(b) of this regulation, and, at the option of the claimant, is payable in a lump sum or periodic payments;

(b) If the amount of advance payments exceeds the amount of total damages, the arbitration panel may not require any repayment by a claimant, but may make any other equitable adjustment of the award of damages, including contribution from other parties determined liable.

D. Arbitration Costs.

(1) An arbitration panel shall determine the responsibility for paying the arbitration costs, and may apportion the costs among any of the parties, in specific fractional or percentage figures.

(2) Arbitration panel members are entitled to the following remuneration for time spent in transaction of arbitration duties:

(a) The chairman is entitled to receive $35 per hour;

(b) A medical doctor or dentist panel member is entitled to receive $25 per hour;

(c) A health care provider, other than a medical doctor or dentist, is entitled to receive remuneration of $15 per hour; and

(d) A public member is entitled to receive remuneration of $10 per hour.

(3) In addition to the remuneration set forth in §D(2) of this regulation, each member of an arbitration panel is entitled to receive reimbursement for expenses incurred in transaction of the panel's business, according to the standard travel regulations adopted by the Board of Public Works.

E. Form of Award.

(1) Not more than 1 year after the last defendant was served, and within 10 days after the close of the hearing, the arbitration panel shall submit to the Director a written award, or the results of an application for modification, that concisely states the following information:

(a) With respect to each health care provider, that there is or there is not liability;

(b) If applicable, the amount of damages calculated under §C of this regulation;

(2) The Director shall cause a copy of the award or the application for modification result and the arbitration costs amount to be mailed to each party not less than 15 days after receipt from the panel.

F. Settlements.

(1) At any time that a claim is open, the parties who agree on a settlement may submit the written settlement agreement to the Director or to the chairman.

(2) An arbitration panel may incorporate a settlement agreement in its award. However, a settlement agreement does not affect a party not participating in the agreement and does not prevent a panel determination of the issues involving those nonparticipating parties.

(3) An arbitration panel shall determine the amount of arbitration costs incurred before settlement, and may apportion the costs among the parties unless the settlement provides for payment of the costs. If there is not a full panel, the chairman shall make this decision.

G. Counsel Fees.

(1) If an arbitration panel finds that a party has acted in bad faith in asserting or defending a claim, it may require that party, or the party's attorney, or both, to pay the adverse party's costs, reasonable expenses, including attorneys' fees, or any portion of them, as a part of the award.

(2) Only if a legal fee is in dispute will it be approved by the arbitration panel, or by the court to which an appeal is taken.

Cross References

01.03.01.13C(1)(d)

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.13 Modification of Award.

A. Application of Modification.

(1) Within 20 days after an award is mailed to a party, the party may apply to the arbitration panel for modification of the award.

(2) Each other party shall be given notice of the application for modification stating that the party may file an objection to the application within 10 days after receiving the notice.

B. Basis for Modification.

(1) An arbitration panel may modify its award for any of the following purposes:

(a) To clarify the award;

(b) To correct the imperfect form of an award, not affecting the merits of the controversy;

(c) To correct an obvious miscalculation of figures or an obvious mistake in the description of an individual, thing, or property referred to in the award;

(d) Without affecting the merits of the determination on issues submitted to an arbitration panel, to correct an award made on a matter not submitted to the panel; or

(e) To correct any obvious error or injustice.

(2) An arbitration panel shall modify its award according to a court order made under Courts and Judicial Proceedings Article, §3-222(d), Annotated Code of Maryland.

(3) A modified award includes, as a separate item, an assessment of the amount of additional arbitration costs incurred in determination of the issue modifying the award.

C. Filing of Modified Award.

(1) Within 20 days after an application for award modification is referred to the arbitration panel, the panel shall submit to the Director the following:

(a) A written statement of the panel's determination on the application;

(b) The modification to the award, if any;

(d) The allocation of those costs among the parties or to any one of the parties in accordance with the provisions of Regulation .12C of this chapter.

(2) The Director shall cause a copy of the arbitration panel's modification determination and the cost amount to be served on each party within 15 days after receipt of it.

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.14 Rejection of Award.

A. Time for Rejection. Within 30 days after an award is mailed to a party, or, if application for modification was made, within 10 days after a determination on the application is mailed to a party, whichever period is greater, a party may reject the award or the assessment of costs under an award, or modification ruling, as provided in this regulation.

B. Notice of Rejection.

(1) Subject to §B(2) of this regulation, a party may reject an award or the assessment of costs under an award by filing with the Director and serving on each other party a notice of rejection.

(2) A rejecting party shall also file with the court an action to nullify the award or the assessment of costs under an award. Failure to file this action, within the time period in §A of this regulation, constitutes a withdrawal of any notice of rejection.

C. The party rejecting an award, or the assessment of costs under an award, shall notify the Director of the appellate court's case identification number as soon as it is known to the party. If an action to nullify is not timely filed, that fact shall be made known to the Director immediately by the rejecting party.

D. Form of Action. The Maryland Rules of Procedure govern the form of all actions to nullify awards.

E. The Director need not be named as a party to an action under this regulation.

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.15 Confirmation of Award.

On the expiration of the times for modification and rejection of an award, the Director, when requested by a party, shall file a copy of the award with the appropriate court, and the court shall confirm the award. The cost of the filing shall be paid in advance by the party requesting the filing.

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.16 Waiver of Arbitration.

A. At any time after a claim and responses to it have been filed with the Health Care Alternative Dispute Resolution Office by all parties named in the claim, but before the hearing begins, a written waiver of arbitration may be filed. If the waiver is signed by all parties, it is mutually binding on all parties and transfers the jurisdiction over the case to the circuit court of the county in which venue lies, but the case is subject to a lien for all costs of arbitration through the date of transfer.

B. Upon the filing of a waiver, the chairman shall sign immediately an order of transfer directing the removal of the case from the Health Care Alternative Dispute Resolution Office to the appropriate circuit court, and directing the payment of arbitration costs to date.

C. The party submitting the waiver to the Health Care Alternative Dispute Resolution Office shall be responsible for notifying the office of the receiving circuit court's case identification number within 10 days after the case has been docketed.

D. If the waived case is not filed in the appropriate circuit court in a timely fashion, and the claim is dismissed, the claimant shall be responsible for all arbitration costs unless a formal order or agreement of the parties directs otherwise.

Cross References

01.03.01.17D(2)

01.03.01.17H

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

COMAR 01.03.01.17 Unilateral Waiver of Arbitration.

A. Arbitration of a claim with the Health Care Alternative Dispute Resolution Office may be waived by the claimant or any health care provider as stated in this regulation.

B. Waiver by Claimant.

(1) Subject to the time limitations in §D of this regulation, a claimant may waive arbitration, at any time after filing the certificate of merit in accordance with Regulation .03F of this chapter, by filing a written election to waive arbitration with the Director.

(2) The claimant shall serve the written election to waive arbitration on all parties in accordance with Maryland Rules of Procedure.

(3) If the claimant waives arbitration under this regulation, all defendants shall comply with Regulation .03F of this chapter by filing their certificate of merit either with the Health Care Alternative Dispute Resolution Office or in the appropriate circuit court or United States District Court.

C. Waiver by Defendant.

(1) Subject to the time limitations in §D of this regulation, a defendant may waive arbitration at any time after the claimant has filed a certificate of merit in accordance with Regulation .03F of this chapter by filing a written election to waive arbitration with the Director.

(2) The defendant shall serve the written election to waive arbitration on all parties in accordance with the Maryland Rules of Procedure.

(3) If the defendant waives arbitration under this regulation, all defendants shall comply with Regulation .03F of this chapter by filing their certificates of merit either with the Health Care Alternative Dispute Resolution Office or in the appropriate circuit court or United States District Court.

D. Unilateral Waiver Limitations.

(1) A written election to waive arbitration under this regulation, filed by a party, may not be filed later than 60 days after all defendants have filed a certificate of merit in accordance with Regulation .03F of this chapter.

(2) A written election to waive arbitration filed after this date shall be in accordance with Regulation .16 of this chapter.

E. After filing the written election to waive arbitration, the Director shall file an order of transfer with the appropriate circuit court which shall be binding upon all parties.

F. Filing Complaint with Circuit Court.

(1) Within 60 days of the filing of a written election to waive arbitration by a party, the claimant shall file a complaint and a copy of the election to waive arbitration in the appropriate circuit court or United States District Court.

(2) After filing the complaint, the claimant shall serve a summons and a copy of the complaint on all parties.

(3) Failure to file a complaint within 60 days of filing the written election to waive arbitration may be grounds for dismissal of the complaint, if:

(a) A motion by an opposing party is filed; and

(b) There is a finding of prejudice to the opposing party because of the delay in filing the complaint.

G. After the filing of a written election to waive arbitration under this regulation, if a party adds an additional defendant as a party in a complaint, the party shall file a certificate of merit in accordance with Regulation .03F of this chapter with respect to the additional defendant.

H. In any case subject to this regulation, the procedures of Regulation .16 of this chapter apply.

History

Administrative History: Effective date: December 22, 1976 (3:26 Md. R. 1536)
Administrative History: Regulation .12D amended as an emergency provision effective August 25,
Administrative History: 1980 (7:18 Md. R. 1732); adopted permanently effective November
Administrative History: 14, 1980 (7:23 Md. R.2163)
Administrative History: Annotations: COMAR 01.03.01 cited in Tabler v. Medical Mutual Liability
Administrative History: Insurance Society, 301 Md. 189 (1984) and Munzer v. Ramsey, et al., 63 Md.
Administrative History: App. 350 (1985)
Administrative History: ——————
Administrative History: Regulations .01—.15 repealed and new Regulations .01—.17 adopted effective June 3, 1996 (23:11 Md. R. 808)
Authority: Courts and Judicial Proceedings Article, §§3-2A-01—3-2A-09 and5-109; Article 48A, §482A; Annotated Code of Maryland

01.04.01 Domestic Violence Program

COMAR 01.04.01.01 Purpose.

The Maryland Domestic Violence Program is a State-wide program to make available a temporary sheltered environment and supportive services to meet the special needs of victims of domestic violence and their children through a network of local domestic violence service programs.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .04A amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .05A, B amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: ——————
Administrative History: Chapter revised effective February 12, 1996 (23:3 Md. R. 166)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.04 to COMAR 07.01.15 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.15 to COMAR 01.04.01 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .04E repealed effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .07C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .11B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Family Law Article, §§4-501 and 4-513—4-516, Annotated Code of Maryland

COMAR 01.04.01.02 Definitions.

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

B. Terms Defined.

(1) “Abuse” means:

(a) An act that causes serious bodily harm;

(b) An act that places an individual in fear of imminent serious bodily harm;

(d) Rape or sexual offense as defined by Criminal Law Article, §§3-303—3-306, Annotated Code of Maryland, or attempted rape or sexual offense; or

(e) False imprisonment.

(2) “Batterer” means an individual who has abused a current or former spouse, or current or former cohabitant.

(3) “Nonshelter services” means those services provided to the victim of domestic violence and any immediate family while not residing at the safe accommodation.

(4) “Office” means the Governor’s Office of Crime Control and Prevention.

(5) “Program” means a local domestic violence service program, in a specific area of the State, designed to meet the needs of a victim of domestic violence and the family.

(6) “Safe accommodation” means that location where the victim of domestic violence and children may take refuge from the batterer.

(7) “Shelter” means a specific facility operated by a domestic violence program designed to be a safe accommodation.

(8) “Shelter services” means those services provided to the victim of domestic violence and any children while they reside at the safe accommodation.

(9) “Victim of domestic violence” means an individual who has received deliberate, severe, and demonstrable physical injury or is in fear of imminent deliberate, severe, and demonstrable physical injury from a current or former spouse, or a current or former cohabitant, as defined in Family Law Article, §4-501, Annotated Code of Maryland.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .04A amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .05A, B amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: ——————
Administrative History: Chapter revised effective February 12, 1996 (23:3 Md. R. 166)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.04 to COMAR 07.01.15 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.15 to COMAR 01.04.01 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .04E repealed effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .07C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .11B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Family Law Article, §§4-501 and 4-513—4-516, Annotated Code of Maryland

COMAR 01.04.01.03 Eligibility.

A. A victim of domestic violence who is a resident of Maryland and any children are eligible for shelter services from a program.

B. A victim of domestic violence and any immediate family are eligible for nonshelter services from a program.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .04A amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .05A, B amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: ——————
Administrative History: Chapter revised effective February 12, 1996 (23:3 Md. R. 166)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.04 to COMAR 07.01.15 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.15 to COMAR 01.04.01 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .04E repealed effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .07C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .11B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Family Law Article, §§4-501 and 4-513—4-516, Annotated Code of Maryland

COMAR 01.04.01.04 Application Procedure.

A. A victim of domestic violence or a batterer may apply directly to a program for service, or be referred from another source.

B. Program staff shall assess the application and determine whether services are available and appropriate for the applicant. When the program is at capacity or when the service is not appropriate to the applicant's needs, the staff shall refer the applicant to other appropriate resources.

C. For the applicant who is accepted for shelter services, staff shall explain the services available and obtain the applicant's written agreement to abide by the shelter rules.

D. Within the first 3 working days from the date of admission to a shelter, staff, with the applicant, shall develop and begin to implement a written comprehensive service plan.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .04A amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .05A, B amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: ——————
Administrative History: Chapter revised effective February 12, 1996 (23:3 Md. R. 166)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.04 to COMAR 07.01.15 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.15 to COMAR 01.04.01 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .04E repealed effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .07C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .11B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Family Law Article, §§4-501 and 4-513—4-516, Annotated Code of Maryland

COMAR 01.04.01.05 Program Services.

A. The program shall include the following services:

(1) Receipt and response to crisis calls on a 24-hour basis;

(2) Safe accommodation and board for the victim of domestic violence and any children;

(3) Counseling services for the victim of domestic violence to alleviate the immediate crisis;

(4) Counseling services for the batterer; and

(5) Information and referral service as needed to other community resources.

B. The program may include the following services:

(1) Continuing counseling after the immediate crisis;

(2) Legal services and counseling as provided by attorneys or paralegal personnel;

(3) Specialized services designed to help children of a victim of domestic violence or a batterer;

(4) Accompaniment for legal and medical services; and

(5) Supportive services to help meet the need for:

(a) Housing,

(b) Employment,

(d) Parenting skills,

(e) Child care,

(f) Health care,

(g) Transportation.

C. The program may offer education and training to the community.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .04A amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .05A, B amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: ——————
Administrative History: Chapter revised effective February 12, 1996 (23:3 Md. R. 166)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.04 to COMAR 07.01.15 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.15 to COMAR 01.04.01 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .04E repealed effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .07C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .11B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Family Law Article, §§4-501 and 4-513—4-516, Annotated Code of Maryland

COMAR 01.04.01.06 Duration of Services.

A. The program shall terminate services when:

(1) The goal set in the service plan is reached;

(2) The recipient requests termination of services;

(3) A shelter services recipient fails to abide by the shelter rules; or

(4) The shelter staff decides with the recipient that the service is no longer appropriate.

B. Residence in the shelter may not continue beyond 2 months unless a reevaluation of the service plan confirms that continuing residency is required and the shelter has available space.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .04A amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .05A, B amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: ——————
Administrative History: Chapter revised effective February 12, 1996 (23:3 Md. R. 166)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.04 to COMAR 07.01.15 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.15 to COMAR 01.04.01 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .04E repealed effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .07C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .11B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Family Law Article, §§4-501 and 4-513—4-516, Annotated Code of Maryland

COMAR 01.04.01.07 Requirements for a Shelter Provided by a Program.

A. The shelter shall have available:

(1) Room and board capacity for the resident victim of domestic violence and any minor children;

(2) Counseling; and

(3) Paid staff or volunteers trained to assess need, establish eligibility, and develop comprehensive service plans.

B. The shelter shall meet the physical requirements of applicable State and local fire codes and applicable State and local health codes.

C. The program shall make available to the Office upon request a copy of the shelter rules, including the grievance procedure.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .04A amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .05A, B amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: ——————
Administrative History: Chapter revised effective February 12, 1996 (23:3 Md. R. 166)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.04 to COMAR 07.01.15 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.15 to COMAR 01.04.01 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .04E repealed effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .07C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .11B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Family Law Article, §§4-501 and 4-513—4-516, Annotated Code of Maryland

COMAR 01.04.01.08 Requirements for the Domestic Violence Program Staff.

A. Professional, paraprofessional staff and volunteers shall be trained to provide crisis intervention and continuing counseling and supportive services.

B. Paraprofessional staff and volunteers shall have experience in interviewing persons under stress and shall be supervised by professional staff.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .04A amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .05A, B amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: ——————
Administrative History: Chapter revised effective February 12, 1996 (23:3 Md. R. 166)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.04 to COMAR 07.01.15 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.15 to COMAR 01.04.01 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .04E repealed effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .07C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .11B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Family Law Article, §§4-501 and 4-513—4-516, Annotated Code of Maryland

COMAR 01.04.01.09 Requirements for Program Documentation and Records.

A. Fiscal Recording. The program shall:

(1) Maintain books, records, documents, and other evidence of all expenditures and income;

(2) Maintain records according to generally acceptable standards of accounting; and

(3) Present upon receipt of reasonable notice all books, records, documents, and other evidence for inspection, review, or audit by State auditors or others authorized to monitor the performance of the program.

B. Case Record. For each:

(1) Applicant for service, the program shall collect and retain basic identifying and demographic data concerning the applicant, and the nature of the request for service;

(2) Recipient of service, the program shall collect and retain data concerning the services rendered, including the service plan, and disposition of the case.

C. The program is responsible for compilation and transmittal of statistical data as required by the Office.

D. The program shall retain all records for a period of 3 years following the completion of services.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .04A amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .05A, B amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: ——————
Administrative History: Chapter revised effective February 12, 1996 (23:3 Md. R. 166)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.04 to COMAR 07.01.15 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.15 to COMAR 01.04.01 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .04E repealed effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .07C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .11B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Family Law Article, §§4-501 and 4-513—4-516, Annotated Code of Maryland

COMAR 01.04.01.10 Confidentiality.

A. The program may not disclose any identifying information regarding an applicant or recipient of service to any agency or individual without written authorization from the applicant or recipient except:

(1) As required by State law regarding the reporting of cases of suspected child abuse or neglect; or

(2) To Governor’s Office of Crime Control and Prevention employees authorized to monitor or audit the program.

B. The program shall maintain all written records regarding applicants and recipients of service in a securely locked location.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .04A amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .05A, B amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: ——————
Administrative History: Chapter revised effective February 12, 1996 (23:3 Md. R. 166)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.04 to COMAR 07.01.15 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.15 to COMAR 01.04.01 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .04E repealed effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .07C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .11B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Family Law Article, §§4-501 and 4-513—4-516, Annotated Code of Maryland

COMAR 01.04.01.11 Grievance Procedure.

A. The program shall make available to any applicant or recipient of service aggrieved by a decision, action, or inaction of the program, a procedure by which the grievance may be heard. The procedure shall include a notice of the grievance rights and the steps to take to initiate the grievance process, an opportunity to be heard, and a written decision by the program director or the director's designee that affirms or reverses the program's action. The written determination shall include the basis for the decision.

B. The program shall make available to the Office upon request a summary of each decision rendered, including findings of fact concerning each grievance heard.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .04A amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: Regulation .05A, B amended effective December 25, 1989 (16:25 Md. R. 2709)
Administrative History: ——————
Administrative History: Chapter revised effective February 12, 1996 (23:3 Md. R. 166)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.04 to COMAR 07.01.15 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.15 to COMAR 01.04.01 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .04E repealed effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .07C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .11B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Family Law Article, §§4-501 and 4-513—4-516, Annotated Code of Maryland

01.04.02 Rape Crisis Program

COMAR 01.04.02.01 Purpose.

The Maryland Rape Crisis Program is a State-wide program to make available counseling and supportive services to meet the special needs of alleged victims of rape and sexual offenses through a network of local rape crisis service programs.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .05 amended effective November 2, 1987 (14:22 Md. R. 2338)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06 02 to COMAR 07.01.14 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.14 to COMAR 01.04.02 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .03 amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Criminal Procedure Article, §11-923, Annotated Code of Maryland

COMAR 01.04.02.02 Definitions.

A. “Office” means the Governor’s Office of Crime Control and Prevention.

B. “Rape crisis service program” means a local program designed to meet the needs of an alleged victim of rape or sexual offense in a specific area of the State.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .05 amended effective November 2, 1987 (14:22 Md. R. 2338)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06 02 to COMAR 07.01.14 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.14 to COMAR 01.04.02 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .03 amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Criminal Procedure Article, §11-923, Annotated Code of Maryland

COMAR 01.04.02.03 Eligibility.

A person who has been an alleged victim of a rape or sexual offense is eligible for services from a rape crisis service program.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .05 amended effective November 2, 1987 (14:22 Md. R. 2338)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06 02 to COMAR 07.01.14 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.14 to COMAR 01.04.02 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .03 amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Criminal Procedure Article, §11-923, Annotated Code of Maryland

COMAR 01.04.02.04 Application Procedure.

A. An alleged victim of a rape or sexual offense may apply directly to a rape crisis service program for service, or be referred from another source.

B. A staff person shall assess the application and determine whether services are available and appropriate for the applicant. When the service is unavailable or not appropriate to the applicant's needs, the staff person shall refer the applicant to other appropriate resources.

C. For the applicant who is accepted for services, the staff person shall explain the services, and develop and begin to implement the service plan.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .05 amended effective November 2, 1987 (14:22 Md. R. 2338)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06 02 to COMAR 07.01.14 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.14 to COMAR 01.04.02 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .03 amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Criminal Procedure Article, §11-923, Annotated Code of Maryland

COMAR 01.04.02.05 Program Services.

A. The local program shall offer the following services to adult and child victims of rape and sexual offenses:

(1) Receipt and response to crisis calls on a 24-hour basis;

(2) Counseling with the alleged victim and his or her friends and relatives to alleviate the immediate crisis;

(3) Accompaniment for medical services;

(4) Assistance and support for the victim using mental health, social, medical, police, and legal services;

(5) Information and education for the general public regarding the prevention and treatment of rape and sexual offenses;

(6) Other specialized services designed to help adult and child victims and their families.

B. The local program may offer the following services:

(1) On-going counseling;

(2) Specialized services designed to help adult victims of incest;

(3) Assistance and support to the victim in legal and judicial proceedings;

(4) Training of professionals in the community who are involved in the investigation or prosecution of sexual offenses or the provision of services to victims.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .05 amended effective November 2, 1987 (14:22 Md. R. 2338)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06 02 to COMAR 07.01.14 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.14 to COMAR 01.04.02 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .03 amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Criminal Procedure Article, §11-923, Annotated Code of Maryland

COMAR 01.04.02.06 Duration of Services.

The local program shall terminate services when the:

A. Goal set in the service plan is reached;

B. Recipient requests termination of services; or

C. Staff decides with the recipient that the service is no longer appropriate.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .05 amended effective November 2, 1987 (14:22 Md. R. 2338)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06 02 to COMAR 07.01.14 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.14 to COMAR 01.04.02 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .03 amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Criminal Procedure Article, §11-923, Annotated Code of Maryland

COMAR 01.04.02.07 Requirements for the Rape Crisis Service Program Staff.

A. Professional, para-professional staff, and volunteers shall be trained to provide crisis intervention counseling and supportive services.

B. Para-professional staff and volunteers shall have experience in interviewing persons under stress and shall be supervised by professional staff.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .05 amended effective November 2, 1987 (14:22 Md. R. 2338)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06 02 to COMAR 07.01.14 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.14 to COMAR 01.04.02 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .03 amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Criminal Procedure Article, §11-923, Annotated Code of Maryland

COMAR 01.04.02.08 Requirements for Local Program Documentation and Records.

A. Fiscal Recording. The local program shall:

(1) Maintain books, records, documents, and other evidence of all expenditures and income;

(2) Maintain records according to generally accepted standards of accounting;

B. Case Record.

(1) For each applicant for service, the local program shall collect and retain basic identifying and demographic data concerning the applicant, and the nature of the request for service.

(2) For each recipient of service, the local program shall collect and retain data concerning the services rendered, including the service plan, and disposition of the case.

C. The local program is responsible for compilation and transmittal of statistical data as required by the Office.

D. All records shall be retained for a period of 3 years following completion of services.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .05 amended effective November 2, 1987 (14:22 Md. R. 2338)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06 02 to COMAR 07.01.14 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.14 to COMAR 01.04.02 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .03 amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Criminal Procedure Article, §11-923, Annotated Code of Maryland

COMAR 01.04.02.09 Confidentiality.

A. The local program may not disclose any identifying information regarding an applicant or recipient of service to any agency or individual without written authorization from the applicant or recipient except:

(1) As required by State law regarding the reporting of cases of suspected child abuse or neglect; or

(2) To Governor’s Office of Crime Control and Prevention employees authorized to monitor or audit the program.

B. The local program shall maintain all written records regarding applicants and recipients of service in a securely locked location.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .05 amended effective November 2, 1987 (14:22 Md. R. 2338)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06 02 to COMAR 07.01.14 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.14 to COMAR 01.04.02 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .03 amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Criminal Procedure Article, §11-923, Annotated Code of Maryland

COMAR 01.04.02.10 Grievance Procedure.

A. The local program shall make available to any applicant or recipient of service aggrieved by a decision, action, or inaction of the local program, a procedure by which the grievance may be heard. The procedure shall include a notice of the grievance rights and the steps to take to initiate the grievance process, an opportunity to be heard, and a written decision by the local program director or his or her designee that affirms or reverses the local program's action. The written determination shall include the basis for the decision.

B. The local program shall forward to the Office a summary of each decision rendered, including findings of fact concerning each grievance heard.

History

Administrative History: Effective date: March 25, 1985 (12:6 Md. R. 594)
Administrative History: Regulation .05 amended effective November 2, 1987 (14:22 Md. R. 2338)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06 02 to COMAR 07.01.14 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.14 to COMAR 01.04.02 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .03 amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Criminal Procedure Article, §11-923, Annotated Code of Maryland

01.04.03 Crime Victims' Services Program

COMAR 01.04.03.01 Purpose.

The Maryland Crime Victims' Services Program, subject to the availability of funds, provides specialized services to meet the needs of victims of crime through a network of local crime victims' assistance programs. Priority in funding shall be given to local crime victims' assistance programs serving victims of sexual assault, domestic violence, and child abuse.

History

Administrative History: Effective date: November 17, 1986 (13:23 Md. R. 2479)
Administrative History: Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .04 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .05A, C amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .07 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .08A amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.07 to COMAR 07.01.16 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.16 to COMAR 01.04.03 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Human Services Article, §4-302, Annotated Code of Maryland;Victims of Crime Act of 1984, Public Law 98-473, §1401 et seq.

COMAR 01.04.03.02 Definitions.

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

B. Terms Defined.

(1) “Crime victims' assistance program” means a local program providing direct services to victims of crime.

(2) “Office” means the Governor’s Office of Crime Control and Prevention.

History

Administrative History: Effective date: November 17, 1986 (13:23 Md. R. 2479)
Administrative History: Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .04 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .05A, C amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .07 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .08A amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.07 to COMAR 07.01.16 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.16 to COMAR 01.04.03 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Human Services Article, §4-302, Annotated Code of Maryland;Victims of Crime Act of 1984, Public Law 98-473, §1401 et seq.

COMAR 01.04.03.03 Eligibility.

An individual who has been an alleged victim of a crime, as well as affected family or friends, or both, of the alleged victim of crime, are eligible for services from a crime victims' assistance program.

History

Administrative History: Effective date: November 17, 1986 (13:23 Md. R. 2479)
Administrative History: Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .04 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .05A, C amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .07 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .08A amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.07 to COMAR 07.01.16 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.16 to COMAR 01.04.03 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Human Services Article, §4-302, Annotated Code of Maryland;Victims of Crime Act of 1984, Public Law 98-473, §1401 et seq.

COMAR 01.04.03.04 Application Procedure.

A. An individual who has been an alleged victim of a crime, as well as that individual's family member or friend, may apply directly to a crime victims' assistance program for services, or be referred from another source.

B. A member of the staff shall assess the application and determine whether services are available and appropriate for the applicant. When the service is unavailable or not appropriate for the applicant's needs, the staff member shall refer the applicant to other appropriate resources.

C. For the applicant who is accepted for services, the staff member shall explain the services and develop and begin to implement the service plan.

History

Administrative History: Effective date: November 17, 1986 (13:23 Md. R. 2479)
Administrative History: Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .04 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .05A, C amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .07 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .08A amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.07 to COMAR 07.01.16 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.16 to COMAR 01.04.03 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Human Services Article, §4-302, Annotated Code of Maryland;Victims of Crime Act of 1984, Public Law 98-473, §1401 et seq.

COMAR 01.04.03.05 Program Services.

A. The local program shall offer services that directly benefit the crime victim. These services may include, but are not limited to, the following:

(1) Crisis intervention services that meet urgent emotional or physical needs of crime victims. Crisis intervention services may include the operation of a 24-hour hotline that provides counseling or referral for crime victims.

(2) Emergency services that:

(a) Provide temporary shelter for crime victims who cannot safely remain in their current lodgings;

(b) Offer measures such as repair of locks or boarding up of windows to prevent the immediate reburglarization of a home or an apartment; or

(c) Provide crime victims petty cash for meeting immediate needs related to transportation, food, shelter, and other necessities.

(3) Support services that include:

(a) Follow-up counseling for other than crisis reactions, reassurance and empathetic listening, and guidance for resolving practical problems created by the experience of victimization;

(b) Acting on the crime victim's behalf vis-a-vis other social services and criminal justice agencies;

(d) Intervention, as appropriate, with landlords or employers; and

(e) Referral to other sources of assistance, as needed.

(4) Court-related services that assist crime victims in participating in criminal justice proceedings including transportation to court, child care, and accompaniment services.

(5) Payment of all reasonable costs for a forensic examination of a victim of sexual assault/abuse, to the extent that these costs are not otherwise reimbursed or paid by third parties. Funds may only be used to pay for those forensic examinations that conform to standards adopted by the State or meet the evidentiary requirements of the local prosecutor.

(6) Training for those individuals, salaried or volunteer staff, who provide direct services to crime victims, which may include personnel employed by criminal justice, social services, mental health, or related agencies.

(7) Printing and distribution of brochures and similar announcements describing the direct services available and how to obtain a program's assistance, and similar public notification efforts intended to recruit volunteers.

B. The local program shall assist victims in seeking available crime victims' compensation benefits. This assistance may be achieved by identifying and notifying potential recipients of the compensation program and assisting them with the application forms and procedures.

C. The local program shall promote coordinated public and private efforts to aid crime victims within the community served.

History

Administrative History: Effective date: November 17, 1986 (13:23 Md. R. 2479)
Administrative History: Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .04 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .05A, C amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .07 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .08A amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.07 to COMAR 07.01.16 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.16 to COMAR 01.04.03 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Human Services Article, §4-302, Annotated Code of Maryland;Victims of Crime Act of 1984, Public Law 98-473, §1401 et seq.

COMAR 01.04.03.06 Termination of Services.

The local program shall terminate services when the:

A. Goal set in the service plan is reached;

B. Recipient requests termination of services; or

C. Staff decides with the recipient that the service is no longer appropriate.

History

Administrative History: Effective date: November 17, 1986 (13:23 Md. R. 2479)
Administrative History: Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .04 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .05A, C amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .07 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .08A amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.07 to COMAR 07.01.16 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.16 to COMAR 01.04.03 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Human Services Article, §4-302, Annotated Code of Maryland;Victims of Crime Act of 1984, Public Law 98-473, §1401 et seq.

COMAR 01.04.03.07 Requirements for Crime Victims' Assistance Program Staff.

A. The local program shall use volunteers unless and to the extent the Governor or the Governor's designee determines that compelling reasons exist to waive this requirement.

B. Professional and para-professional staff and volunteers shall have training or experience in interviewing individuals in crisis and providing supportive services.

History

Administrative History: Effective date: November 17, 1986 (13:23 Md. R. 2479)
Administrative History: Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .04 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .05A, C amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .07 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .08A amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.07 to COMAR 07.01.16 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.16 to COMAR 01.04.03 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Human Services Article, §4-302, Annotated Code of Maryland;Victims of Crime Act of 1984, Public Law 98-473, §1401 et seq.

COMAR 01.04.03.08 Requirements for Local Program Documentation and Records.

A. Fiscal Recording. The local program shall:

(1) Maintain books, records, documents, and other evidence of all expenditures and income;

(2) Maintain records according to generally acceptable standards of accounting;

(3) Present all books, records, documents, and other evidence for inspection, review, or audit by State auditors or others authorized to monitor the performance of the local program, upon reasonable notice.

B. Case Record. For each:

(1) Applicant for service, the local program shall collect and retain basic identifying and demographic data concerning the applicant, and the nature of the request for service;

(2) Recipient of service, the local program shall collect and retain data concerning the services rendered, including the service plan and disposition of the case.

C. The local program is responsible for compilation and transmittal of statistical data as required by the Office.

D. Records shall be retained for a period of 3 years following completion of services.

History

Administrative History: Effective date: November 17, 1986 (13:23 Md. R. 2479)
Administrative History: Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .04 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .05A, C amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .07 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .08A amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.07 to COMAR 07.01.16 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.16 to COMAR 01.04.03 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Human Services Article, §4-302, Annotated Code of Maryland;Victims of Crime Act of 1984, Public Law 98-473, §1401 et seq.

COMAR 01.04.03.09 Confidentiality.

(1) As required by State law regarding the reporting of cases of suspected child abuse or neglect; or

(2) To Governor’s Office of Crime Control and Prevention employees authorized to monitor or audit the program.

B. The local program shall maintain all written records regarding applicants and recipients of service in a securely locked location.

History

Administrative History: Effective date: November 17, 1986 (13:23 Md. R. 2479)
Administrative History: Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .04 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .05A, C amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .07 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .08A amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.07 to COMAR 07.01.16 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.16 to COMAR 01.04.03 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Human Services Article, §4-302, Annotated Code of Maryland;Victims of Crime Act of 1984, Public Law 98-473, §1401 et seq.

COMAR 01.04.03.10 Grievance Procedure.

A. The local program shall make available to any applicant or recipient of service aggrieved by a decision, action, or inaction of the local program, a procedure by which the grievance may be heard. The procedure shall include a written notice of the action taken and the basis for the action, together with a copy of the grievance rights and the steps to take to initiate the grievance process, an opportunity to be heard, and a written decision by the local program director or his or her designee that affirms or reverses the local program's action. The written determination shall include the basis for the decision.

B. The local program shall forward to the Office a summary of each decision rendered, including finding of facts concerning each grievance heard.

History

Administrative History: Effective date: November 17, 1986 (13:23 Md. R. 2479)
Administrative History: Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .04 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .05A, C amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .07 amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: Regulation .08A amended effective October 1, 2001 (28:19 Md. R. 1683)
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.06.07 to COMAR 07.01.16 effective June, 2009
Administrative History: ——————
Administrative History: Chapter recodified from COMAR 07.01.16 to COMAR 01.04.03 effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .08C amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .09A amended effective December 24, 2012 (39:25 Md. R. 1610)
Administrative History: Regulation .10B amended effective December 24, 2012 (39:25 Md. R. 1610)
Authority: Human Services Article, §4-302, Annotated Code of Maryland;Victims of Crime Act of 1984, Public Law 98-473, §1401 et seq.

01.04.04 Online Access to Records of Shielded Peace and Protective Orders

COMAR 01.04.04.01 Purpose.

The purpose of the regulations set forth in this chapter is to set forth guidelines for the process by which a nonprofit or governmental organization shall be eligible and authorized to have online access to records of otherwise shielded peace orders and protective orders.

History

Administrative History: Effective date: January 19, 2015 (42:1 Md. R. 17)
Authority: Courts and Judicial Proceedings Article, §3-1510; Family Law Article, §4-512; Annotated Code of Maryland

COMAR 01.04.04.02 Definitions.

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

B. Terms Defined.

(1) “Central Repository” means the Domestic Violence Central Repository, an electronic database maintained by the Judicial Information System of the Administrative Office of the Courts.

(2) “Office” means the Governor’s Office of Crime Control and Prevention.

(3) “Organization” means a nonprofit or governmental entity or agency that may be authorized under this chapter to have online access to records of otherwise shielded peace orders or protective orders.

(4) “Peace order” means either an interim peace order issued by a district court commissioner or a temporary or final peace order issued by a court under Courts and Judicial Proceedings Article, Title 3, Subtitle 15, Annotated Code of Maryland.

(5) “Protective order” means either an interim protective order issued by a district court commissioner or a temporary or a final protective order issued by a court under Subtitle 5 of Title 4 of the Family Law Article, Annotated Code of Maryland.

(6) “Victim services provider” means an organization that has been authorized by the Office to have online access to records of otherwise shielded peace orders or protective orders.

History

Administrative History: Effective date: January 19, 2015 (42:1 Md. R. 17)
Authority: Courts and Judicial Proceedings Article, §3-1510; Family Law Article, §4-512; Annotated Code of Maryland

COMAR 01.04.04.03 Eligibility.

A. Organizations eligible to be victim services providers include:

(1) State-designated domestic violence shelters;

(2) Full service rape crisis centers; and

(3) Maryland Legal Services Corporation grantees identified by the Maryland Network Against Domestic Violence or the Maryland Coalition Against Sexual Assault as entities that provide services to victims.

B. An organization not otherwise eligible to be a victim services provider under §A of this regulation may be deemed by the Office, in the exercise of its discretion, to be eligible.

C. In determining eligibility under §B of this regulation, the Office shall consider any information it believes relevant, including the organization’s:

(1) History of providing assistance to victims of domestic violence or sexual assault;

(2) Experiences and current practices relating to the handling of confidential information;

(3) Proffered reasons for online access; and

(4) Recommendations for online access from victim services providers or State agencies.

Cross References

01.04.04.04B

History

Administrative History: Effective date: January 19, 2015 (42:1 Md. R. 17)
Authority: Courts and Judicial Proceedings Article, §3-1510; Family Law Article, §4-512; Annotated Code of Maryland

COMAR 01.04.04.04 Authorization.

A. An eligible organization seeking initial or continued online access to Central Repository records of peace orders and protective orders shall submit an application to the Office. The Office shall develop a form appropriate for this purpose, which at a minimum shall require the applicant to:

(1) Disclose fully its internal policies, procedures, and training practices relating to its employees’ and representatives’ handling of confidential information;

(2) Agree to advise the Office immediately whenever it becomes aware of any facts evidencing a misuse of online access by its employees or representatives; and

(3) Agree to cooperate fully with the Office and the Administrative Office of the Courts whenever either agency seeks information relating to an alleged misuse of online access by the applicant’s employees or representatives.

B. The Office shall review each application and determine whether it shall authorize the requested access. In making its authorization determination, the Office shall consider the materials submitted in support of the application, as well as any other relevant information, including that referenced in Regulation .03 of this chapter.

C. If the Office determines that an applicant-organization shall be authorized to have online access to Central Repository records of peace orders and protective orders, the Office shall certify that organization as a victim services provider. The Office shall promptly notify the applicant-organization and the Administrative Office of the Courts of the certification.

(1) Certification shall be effective upon the issuance of the notification to the applicant-organization and the Administrative Office of the Courts and, unless rescinded and revoked, shall remain in effect for 3 years from that date.

(2) A certification is non-transferable to any other organization.

D. If the Office determines that an applicant-organization shall not be authorized to have online access to records of peace orders and protective orders, the Office shall not certify that organization as a victim services provider.

(1) The Office shall promptly notify such an applicant-organization and the Administrative Office of the Courts of its determination, and it shall include in its notification the basis for its decision.

(2) An organization may seek administrative review of the determination under Regulation .06B of this chapter.

History

Administrative History: Effective date: January 19, 2015 (42:1 Md. R. 17)
Authority: Courts and Judicial Proceedings Article, §3-1510; Family Law Article, §4-512; Annotated Code of Maryland

COMAR 01.04.04.05 Online Access.

A. Upon receipt of notification from the Office that an organization is a victim services provider, the Administrative Office of the Courts shall provide that organization with online access to otherwise shielded peace orders and protective orders.

B. The Administrative Office of the Courts shall administer the access so conferred in whatever manner it deems reasonably necessary and appropriate.

History

Administrative History: Effective date: January 19, 2015 (42:1 Md. R. 17)
Authority: Courts and Judicial Proceedings Article, §3-1510; Family Law Article, §4-512; Annotated Code of Maryland

COMAR 01.04.04.06 Suspension or Revocation of Authorization.

A. Should the Office become aware of any facts or circumstances evidencing either a victim services provider’s misuse of its online access or a victim services provider’s failure to cooperate with the Office or the Administrative Office of the Courts, the Office may take whatever action it deems necessary and appropriate, including suspending or revoking that organization’s authorization and certification. The Office shall immediately notify the Administrative Office of the Courts of any change to an organization’s status as a victim services provider.

B. An organization that is denied authorization or whose authorization is suspended or revoked may seek reconsideration of that action by filing a request with the Office within 30 days of the Office’s action. No later than 45 days after its receipt of a request, the Office will advise the organization of its final determination.

C. An organization whose authorization is revoked by the Office may reapply for authorization no earlier than 1 year from the date of revocation, unless the Office determines that a longer or shorter duration is appropriate, in which circumstance the different length of time set by the Office controls.

Cross References

01.04.04.04D(2)

History

Administrative History: Effective date: January 19, 2015 (42:1 Md. R. 17)
Authority: Courts and Judicial Proceedings Article, §3-1510; Family Law Article, §4-512; Annotated Code of Maryland

01.05.01 Maryland Drug and Alcohol Grants Program Fund

COMAR 01.05.01.01 Definitions.

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Commission” means the Governor's Drug and Alcohol Abuse Commission.

(2) “Fund” means the Maryland Drug and Alcohol Grants Program Fund.

(3) “Private sources” means:

(a) A charitable organization which provides funds to further the purposes of the Commission through the use of contributions solicited from the public;

(b) A foundation or association which provides funds to further the purposes of the Commission;

(d) An individual who provides funds to further the purposes of the Commission.

(4) “Public sources” means any administration, agency, association, authority, board, bureau, college, commission, committee, council, foundation, fund, department, institute, institution, public corporation, service, trust, university, or other unit of the Executive Branch of State government and includes any subunit within any of these units.

History

Administrative History: Effective date: November 22, 1993 (20:23 Md. R. 1801)
Authority: Criminal Law Article, §5-1001(b), Annotated Code of Maryland

COMAR 01.05.01.02 Purpose, Priority, and Source of the Fund.

A. Purpose. These regulations establish procedures for awarding grants in the following areas:

(1) Community and neighborhood mobilization programs which assist citizens in preventing and controlling crime and violence in their communities;

(2) Community-based drug and alcohol abuse education programs or prevention programs, or both;

(3) Community-based drug and alcohol abuse treatment programs which identify and meet the treatment needs of adult and juvenile drug-dependent and alcohol-dependent offenders;

(4) Innovative programs that demonstrate new and different approaches to preventing and controlling crime and violence which are community-based and in partnership with law enforcement, prosecution, or the judiciary.

B. Priority. The Commission shall give priority to funding community-based crime prevention programs. There are no existing federal or State funding sources for community crime prevention activities while other community-based drug and alcohol abuse education, prevention, treatment, and enforcement activities are eligible for federal or State general fund assistance. The Commission shall review annually the need for this priority.

C. Source of Fund. The Fund consists of money donated by public or private sources and as provided for in the State budget for the Commission.

Cross References

01.05.01.03E(3)

History

Administrative History: Effective date: November 22, 1993 (20:23 Md. R. 1801)
Authority: Criminal Law Article, §5-1001(b), Annotated Code of Maryland

COMAR 01.05.01.03 Grant Application Procedures.

A. Grant Eligibility. The following are eligible for grants from the Fund:

(1) State agencies;

(2) Counties;

(3) Municipalities; and

(4) Nonprofit or community-based nonprofit organizations providing:

(a) Drug and alcohol abuse education, prevention, or treatment programs, or

(b) Crime or violence prevention services such as a community patrol.

B. Consistent with COMAR 01.01.1988.05, Article IXB, the Commission may not award grants to any public or private organization engaged in discriminatory practices.

C. Grant Applications. Grant applications are available upon request from the Governor's Drug and Alcohol Abuse Commission, 300 East Joppa Road, Suite 1105, Towson, Maryland 21286-3016, telephone (410) 321-3521.

D. Completed grant applications submitted for funding consideration shall be signed by the chief administrative officer of the State agency, local jurisdiction, or nonprofit organization requesting funds. This means, for:

(1) State agencies, the agency head;

(2) Local jurisdictions, the chief executive officer of the county or municipality; and

(3) Nonprofit organizations, the president or managing official of the organization.

E. Use and Availability of Grant Funds.

(1) Grants awarded under this program shall be used to increase the amounts of those funds that would, in the absence of the Grant funds, be made available for neighborhood crime prevention programs and drug and alcohol abuse education, prevention, treatment, adjudication, and law enforcement.

(2) Grants can fund expenses for the benefit of the grant program. These expenses include all of the following:

(a) Salaries for positions, including fringe benefits;

(b) Overtime;

(d) Equipment purchases;

(e) Supplies; and

(f) Contractual services.

(3) Grants may also provide the required matching funds in order to be awarded federal funds in support of a program which is consistent with the purpose areas under Regulation .02A of this chapter.

(4) Grants may not:

(a) Fund indirect costs;

(b) Supplant State or local funds;

History

Administrative History: Effective date: November 22, 1993 (20:23 Md. R. 1801)
Authority: Criminal Law Article, §5-1001(b), Annotated Code of Maryland

COMAR 01.05.01.04 Processing and Approval of Grant Applications.

A. The Commission's Executive Director shall convene a Grant Review Committee composed of representatives from law enforcement, the judiciary, and treatment, prevention, and education communities, in order to make a recommendation for approval of grant applications.

B. Commission staff shall review grant applications and provide recommendations on budgetary and programmatic sufficiency to the Executive Director and the Grant Review Committee.

C. Grant Award.

(1) Notice of a grant award shall be forwarded to the responsible individual authorizing the grant application.

(2) Grants shall be awarded on a fiscal year basis with funding available July 1 of each fiscal year covering a 12-month period.

D. Grant Renewal. Grants shall be renewed upon approval of a grant application submitted to the Commission for renewal of funding, and shall be funded for a maximum of 3 years, including the initial year of funding.

E. Upon implementation of the grant program, grantees shall be required to receive prior approval from the Commission for modifications of approved grant budgets or expenditures which exceed 10 percent of the originally approved budget, and to submit quarterly financial reports accompanied by a request for funds. The quarterly financial report is required for each active quarter on a calendar-quarter basis, and reflects financial data relating to grant obligations and outlays. The request for funds provides the means for the grantee to receive reimbursement of expenditures payment. These forms shall be provided by the Commission upon award of a grant.

History

Administrative History: Effective date: November 22, 1993 (20:23 Md. R. 1801)
Authority: Criminal Law Article, §5-1001(b), Annotated Code of Maryland

01.06.01 Recognition of Maryland Indian Status

COMAR 01.06.01.01 General.

A. Scope. State Government Article, §9.5-309, Annotated Code of Maryland, permits the Commission on Indian Affairs to establish a process by which a Native American tribe, band, group, or clan indigenous to Maryland can apply to the Commission for formal recognition of Maryland Indian status. State Government Article, §9.5-311, Annotated Code of Maryland, requires the Commission to adopt regulations and procedures necessary to carry out the provisions of State Government Article, §9.5-309, Annotated Code of Maryland. These regulations set forth procedures to carry out those provisions.

B. Objectives. For the benefit of Native American tribes, bands, groups, and clans indigenous to Maryland, the objectives of these regulations are to:

(1) Clarify their legal status;

(2) Acknowledge the contributions made by them to Maryland;

(3) Recognize and assist them in their efforts to maintain their cultural identity and traditions; and

(4) Provide access for them to federal and State programs available to State-recognized Indian tribes, bands, groups, and clans.

History

Administrative History: Effective date: May 11, 1992 (19:9 Md. R. 878)
Administrative History: Regulation .13A amended effective July 1, 1996 (23:13 Md. R. 940)
Administrative History: ——————
Administrative History: Transferred from COMAR 05.08.06 to COMAR 07.08.01 effective April 7, 2007
Administrative History: ——————
Administrative History: Chapter revised and transferred from COMAR 07.08.01 to COMAR 01.06.01 effective November 15, 2010 (37:23 Md. R. 1609)
Authority: State Government Article, §§9.5-309—9.5-312; Article 41, §6-911; Annotated Code of Maryland;Executive Order 01.01.07.2007.25

COMAR 01.06.01.02 Definitions.

A. In this chapter, the following terms have the meanings indicated:

B. Terms Defined.

(1) “Access to Public Records Act” means State Government Article, §§10-611—10-630, Annotated Code of Maryland.

(2) “Ancestor” means an individual from whom a person is descended.

(3) “Ancestry” means having an ancestor.

(4) “Band” means a sociopolitical division of a tribe, separated from the tribe by historical events or geographical, political, or similar causes.

(5) “Clan” means a group of Native Americans related by blood line descent.

(6) “Commission” means the Commission on Indian Affairs in the Governor’s Office of Community Initiatives.

(7) “Community” means a group of persons with common cultural ties and interests which differentiate members from nonmembers.

(8) “County” means the City of Baltimore or any of the 23 counties in the State.

(9) “Derived from a tribe” means a group having members who are descended from a tribe, band, or clan.

(10) “Descendant from a tribe” or “descendants from a tribe” means descended by blood line from a member or members of a tribe, band, or clan who:

(a) Are identified as Native American in historical records;

(b) Have family names identified by anthropologists or ethnohistorians as Native American in historical records; or

(c) Are identified by anthropologists or ethnohistorians in historical records through one or more terms recognized as synonymous with “Indian”.

(11) “Historical” or “historically” means before 1790.

(12) “Indigenous to Maryland” means having inhabited one or more specific areas within the State before 1790.

(13) “Inhabit” means to dwell in a location.

(14) “Members” means those individuals who have been determined by a tribe, band, group, or clan to be its members, according to criteria established by the tribe, band, group, or clan.

(15) “Native American”, “North American Indian”, “American Indian”, “Indian”, or “aboriginal” means an individual or tribe, band, group, community, or clan that is, or whose members are, descended from a tribe that inhabited North America before European contact.

(16) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.

(17) “Recognition” or “formal recognition” means the process by which the Maryland Indian status of a Native American tribe, band, group, or clan is acknowledged under the Act and these regulations.

(18) “Secretary of the Interior” means the United States Secretary of the Interior.

(19) “State” or “Maryland” means the State of Maryland as described by the present physical boundaries of the State.

(20) “Tribe” means a separate and distinct community of Native Americans generally related by blood, marriage, or adoption.

History

Administrative History: Effective date: May 11, 1992 (19:9 Md. R. 878)
Administrative History: Regulation .13A amended effective July 1, 1996 (23:13 Md. R. 940)
Administrative History: ——————
Administrative History: Transferred from COMAR 05.08.06 to COMAR 07.08.01 effective April 7, 2007
Administrative History: ——————
Administrative History: Chapter revised and transferred from COMAR 07.08.01 to COMAR 01.06.01 effective November 15, 2010 (37:23 Md. R. 1609)
Authority: State Government Article, §§9.5-309—9.5-312; Article 41, §6-911; Annotated Code of Maryland;Executive Order 01.01.07.2007.25

COMAR 01.06.01.03 Eligible Petitioning Groups.

A group may apply to the Commission for formal recognition of its Maryland Indian status if the group is:

A. A Native American tribe, band, group, or clan; and

B. Indigenous to Maryland.

History

Administrative History: Effective date: May 11, 1992 (19:9 Md. R. 878)
Administrative History: Regulation .13A amended effective July 1, 1996 (23:13 Md. R. 940)
Administrative History: ——————
Administrative History: Transferred from COMAR 05.08.06 to COMAR 07.08.01 effective April 7, 2007
Administrative History: ——————
Administrative History: Chapter revised and transferred from COMAR 07.08.01 to COMAR 01.06.01 effective November 15, 2010 (37:23 Md. R. 1609)
Authority: State Government Article, §§9.5-309—9.5-312; Article 41, §6-911; Annotated Code of Maryland;Executive Order 01.01.07.2007.25

COMAR 01.06.01.04 Recognition Criteria.

The Commission may recommend that an eligible petitioning group be formally recognized under Regulation .08 of this chapter as a Maryland Indian tribe, band, group, or clan if the petitioning group establishes, taking into account the special circumstances of Native Americans indigenous to Maryland, that:

A. The group has been:

(1) Identified as Native American from before 1790 until the present, and

(2) Part of a continuous Native American community from before 1790 until the present;

B. The members of the group are descendants from a tribe that:

(1) Existed before 1790,

(2) Is indigenous to Maryland, and

(3) Inhabited a specific area in Maryland before 1790; and

C. The membership of the group is composed principally of persons who are not members of any other acknowledged or recognized Native American tribe, band, group, or clan.

Cross References

01.06.01.05B

01.06.01.08E

01.06.01.08H

01.06.01.08I

01.06.01.08K(1)

01.06.01.08L

01.06.01.08M

History

Administrative History: Effective date: May 11, 1992 (19:9 Md. R. 878)
Administrative History: Regulation .13A amended effective July 1, 1996 (23:13 Md. R. 940)
Administrative History: ——————
Administrative History: Transferred from COMAR 05.08.06 to COMAR 07.08.01 effective April 7, 2007
Administrative History: ——————
Administrative History: Chapter revised and transferred from COMAR 07.08.01 to COMAR 01.06.01 effective November 15, 2010 (37:23 Md. R. 1609)
Authority: State Government Article, §§9.5-309—9.5-312; Article 41, §6-911; Annotated Code of Maryland;Executive Order 01.01.07.2007.25

COMAR 01.06.01.05 Petition Requirements.

A. A petition for formal recognition shall include:

(1) The name and mailing address of the petitioning group and of the individual authorized to act as the petitioning group's agent for petition purposes;

(2) A statement that the petitioning group is a Native American tribe, band, group, or clan indigenous to Maryland;

(3) A statement that the petitioning group has verified with its members that the majority of them are not members of any other tribe, band, group, or clan acknowledged or recognized as American Indian by the Secretary of the Interior or any state;

(4) A copy of the petitioning group's rules governing the conduct of the petitioning group's affairs; and

(5) All documentation required under §B of this regulation.

B. To document that the petitioning group meets the criteria set forth in Regulation .04 of this chapter, the petitioning group:

(1) Shall submit:

(a) Documents showing, from before 1790 until the present:

(i) Longstanding relationships of the group with the government of Maryland or the United States, based on identification of the group or the group's members as Native American indigenous to Maryland;

(ii) Repeated dealings of the group with a county or other local government in a relationship, based on identification of the group or the group's members as Native American indigenous to Maryland;

(iii) Repeated dealings of the group with other tribes, bands, groups, or clans, or national Native American organizations, based on identification of the group as Native American indigenous to Maryland;

(iv) Identification of the group as Native American indigenous to Maryland by anthropologists, historians, genealogists, or other scholars; or

(v) Repeated identification of the group or the group's members as Native American indigenous to Maryland in official government records, church or school records, medical records, bibles and other family records, newspapers, books, photographs, or oral histories;

(b) Documents identifying the name of the group, or other term recognizing the group as Native American indigenous to Maryland, with an approximate location in Maryland from before 1790 until the present;

(d) A statement of the procedures adopted by the group for applying the group's membership criteria; and

(e) A list of all individuals included on the group's current and previous membership rolls or known by the group to be eligible for membership, and the county in which each resides; and

(2) May submit any other evidence, which may include affidavits from tribal elders, tribal leaders, or tribal officials recognizing individuals as members of the group.

History

Administrative History: Effective date: May 11, 1992 (19:9 Md. R. 878)
Administrative History: Regulation .13A amended effective July 1, 1996 (23:13 Md. R. 940)
Administrative History: ——————
Administrative History: Transferred from COMAR 05.08.06 to COMAR 07.08.01 effective April 7, 2007
Administrative History: ——————
Administrative History: Chapter revised and transferred from COMAR 07.08.01 to COMAR 01.06.01 effective November 15, 2010 (37:23 Md. R. 1609)
Authority: State Government Article, §§9.5-309—9.5-312; Article 41, §6-911; Annotated Code of Maryland;Executive Order 01.01.07.2007.25

COMAR 01.06.01.06 Inspection of Documentation.

A. Documentation submitted in support of or in opposition to a petition may be inspected or copied by a person as provided by the Access to Public Records Act.

B. The Commission shall deny inspection or copying of any part of the documentation that contains sociological information relating to an individual, as provided in the Access to Public Records Act. For purposes of these regulations, sociological information includes:

(1) Social security number;

(2) Personal address;

(3) Personal telephone number;

(4) Medical or psychiatric history;

(5) Educational history;

(6) Work history;

(7) Military service;

(8) Financial information;

(9) Religious preference, membership, and attendance;

(10) Personal relationships, beliefs, and values;

(11) Genealogical charts; and

(12) Family history other than evidence necessary to determine descendancy from a Native American tribe, band, group, or clan indigenous to Maryland.

C. During review of a petition, the Commission shall retain the documentation at the Maryland State Archives or similar secure facility.

D. After final action on a petition, the Commission shall promptly return any original documents and personal memorabilia to the person who submitted the original documents and personal memorabilia. Copies of all documents and an inventory of all personal memorabilia submitted shall be retained by the Commission, except that:

(1) Copies may not be retained of those portions of the documents containing the information listed under §B of this regulation, and shall be returned to the person who submitted them; and

(2) Documents not subject to disclosure under the Access to Public Records Act shall be retained at the Maryland State Archives until disposition under State Government Article, §§10-637—10-642, Annotated Code of Maryland.

Cross References

01.06.01.07C(3)

History

Administrative History: Effective date: May 11, 1992 (19:9 Md. R. 878)
Administrative History: Regulation .13A amended effective July 1, 1996 (23:13 Md. R. 940)
Administrative History: ——————
Administrative History: Transferred from COMAR 05.08.06 to COMAR 07.08.01 effective April 7, 2007
Administrative History: ——————
Administrative History: Chapter revised and transferred from COMAR 07.08.01 to COMAR 01.06.01 effective November 15, 2010 (37:23 Md. R. 1609)
Authority: State Government Article, §§9.5-309—9.5-312; Article 41, §6-911; Annotated Code of Maryland;Executive Order 01.01.07.2007.25

COMAR 01.06.01.07 Petition Filing; Notices of Receipt; Final Submissions.

A. Petitions shall be made on standard forms required by the Commission, verified as accurate by the petitioning group's agent, and accompanied by any required petition fee.

B. Within 10 days after receiving a petition, the Commission shall send written acknowledgement of receipt to the petitioning group.

C. Within 45 days after receiving a petition determined to be complete under Regulation .08 of this chapter, the Commission shall publish a notice of receipt in the Maryland Register and in a newspaper of general circulation in each Maryland county in which the petitioning group states in the petitioning group's petition that the petitioning group's members reside, including:

(1) The name and address of the petitioning group;

(2) The date of receipt of the petition;

(3) The time and place that a copy of the petition, and any supporting documentation not prohibited from disclosure under Regulation .06 of this chapter, may be inspected; and

(4) The mailing address and deadline 60 days or more in the future for submitting factual or legal arguments in support of or in opposition to the petition.

D. The Commission shall mail a copy of the notice of receipt required under §C of this regulation to a person requesting a copy in writing.

E. After the deadline for receipt of submissions in support of or in opposition to a petition, the Commission shall provide a copy of all submissions to the petitioning group. The petitioning group shall submit any response within the following 30 days.

History

Administrative History: Effective date: May 11, 1992 (19:9 Md. R. 878)
Administrative History: Regulation .13A amended effective July 1, 1996 (23:13 Md. R. 940)
Administrative History: ——————
Administrative History: Transferred from COMAR 05.08.06 to COMAR 07.08.01 effective April 7, 2007
Administrative History: ——————
Administrative History: Chapter revised and transferred from COMAR 07.08.01 to COMAR 01.06.01 effective November 15, 2010 (37:23 Md. R. 1609)
Authority: State Government Article, §§9.5-309—9.5-312; Article 41, §6-911; Annotated Code of Maryland;Executive Order 01.01.07.2007.25

COMAR 01.06.01.08 Processing Petitions.

A. The Commission shall accept for review all complete petitions. A petition may not be considered complete until the Commission has received all information requested in the petition form or required by these regulations.

B. Within 30 days after a petition is received, the Commission shall notify the petitioning group in writing that the petition is:

(1) Complete; or

(2) Incomplete and specific additional information is required to complete the petition.

C. If the petitioning group fails to complete the petition within 1 year after notice is mailed to the petitioning group that the petition is not complete, the petition shall be deemed withdrawn, and the Commission shall notify the petitioning group. If the petitioning group during the 1-year period requests additional time to complete the petition and provides reasonable justification, the Commission may grant one additional period of up to 1 year for the petitioning group to complete the petition.

D. Within 15 days after the Commission determines the petition is complete under §B of this regulation, the Commission shall refer the petition to the Recognition Advisory Committee established under Regulation .11 of this chapter.

E. Subject to availability of funds necessary to compensate Recognition Advisory Committee members, within 25 days after referral under §D of this regulation, the Recognition Advisory Committee shall review the documentation submitted for the petition and may, through the Commission, request the petitioning group to submit any specific additional documentation necessary to determine whether a petitioning group meets the criteria set forth in Regulation .04 of this chapter.

F. Within 30 days after a request for additional documentation under §E of this regulation is mailed or delivered to the petitioning group, the petitioning group shall submit to the Commission all additional documentation requested.

G. If the documentation requested under §F of this regulation is not submitted, the Commission shall promptly return the petition to the petitioning group with notice that the petition has been considered withdrawn. If the Commission determines that all documentation requested has been submitted, the Commission staff shall promptly notify the petitioning group.

H. Within 180 days after the Commission notifies the petitioning group that all documentation requested has been received, the Recognition Advisory Committee shall complete review of the petition and advise the Commission whether the petitioning group meets the recognition criteria set forth in Regulation .04 of this chapter.

I. In advising the Commission whether a petition meets the recognition criteria set forth in Regulation .04 of this chapter, the Recognition Advisory Committee shall:

(1) Consider the petition, all submissions in support of or in opposition to the petition, and the petitioning group's written response, if any; and

(2) Use to the maximum extent practicable the information and sources available to it, including individuals not on the Recognition Advisory Committee who have knowledge or experience with federal or other State Indian tribe recognition procedures or an understanding of the history of Native Americans indigenous to Maryland.

J. A Recognition Advisory Committee member or a Commissioner may not participate in any way in deliberations with respect to a petition made by a petitioning group of which a Recognition Advisory Committee member or Commissioner is a member.

K. Within 30 days after receiving the Recognition Advisory Committee's advice, the Commission shall:

(1) Review the Recognition Advisory Committee's advice and, subject to Sec. L of this regulation, determine whether the petition meets the criteria set forth in Regulation .04 of this chapter; and

(2) Notify the petitioning group and all other persons requesting notice of the Commission's determination by first class mail.

L. If the Commission determines that the information or documentation submitted in support of the petition is not adequate to establish that the petitioning group meets the criteria set forth in Regulation .04 of this chapter, then:

(1) Within 30 days of the determination, the Commission may request the petitioning group to submit specific additional information or documentation within 60 days;

(2) Within 30 days after receipt of the additional information or documentation, the Commission shall follow the procedures under Sec. K of this regulation.

M. Subject to Regulation .09 of this chapter, if the Commission determines that the petitioning group meets the criteria set forth in Regulation .04 of this chapter, the Commission shall submit to the Governor a recommendation, together with its determinations, that the petitioning group be formally recognized as a Maryland Indian tribe, band, group, or clan.

Cross References

01.06.01.04

01.06.01.07C

01.06.01.09A

01.06.01.11C

History

Administrative History: Effective date: May 11, 1992 (19:9 Md. R. 878)
Administrative History: Regulation .13A amended effective July 1, 1996 (23:13 Md. R. 940)
Administrative History: ——————
Administrative History: Transferred from COMAR 05.08.06 to COMAR 07.08.01 effective April 7, 2007
Administrative History: ——————
Administrative History: Chapter revised and transferred from COMAR 07.08.01 to COMAR 01.06.01 effective November 15, 2010 (37:23 Md. R. 1609)
Authority: State Government Article, §§9.5-309—9.5-312; Article 41, §6-911; Annotated Code of Maryland;Executive Order 01.01.07.2007.25

COMAR 01.06.01.09 Reconsideration of Recognition Recommendations.

A. Within 30 days after the notice of Commission determinations is mailed under Regulation .08K(2) of this chapter, the petitioning group or any person or group that previously submitted arguments in support of or in opposition to the petition may, in writing, request that the Commission review the determinations.

B. Within 30 days after receiving a request for review, the Commission shall appoint a three-member panel to review the Commission's determinations and all evidence submitted in support of or in opposition to the petition. The panel shall include at least one member of the Commission and one member of the Recognition Advisory Committee, who together shall nominate the third member for the Commission’s appointment.

C. The panel shall report its findings and recommendations to the Commission within 60 days after appointment. If the Commission concludes that the Commission adequately considered the evidence submitted, the Commission shall transmit any panel findings and recommendations and any Commission recommendation for formal recognition to the Governor together with the Commission's determinations, and the Commission promptly shall notify the petitioning group and all persons requesting notice.

D. If the panel concludes that the Commission failed to adequately consider any evidence submitted and that the evidence if adequately considered is likely to reverse the Commission's determinations, the Commission shall adequately consider the evidence and reconsider the Commission's determinations.

E. After Commission reconsideration, the Commission shall transmit any Commission recommendation for formal recognition to the Governor. The transmittal shall include the Commission's final determinations. The Commission shall promptly notify the petitioning group, and all persons requesting notice, of the Commission's recommendation and final determinations.

Cross References

01.06.01.08M

History

Administrative History: Effective date: May 11, 1992 (19:9 Md. R. 878)
Administrative History: Regulation .13A amended effective July 1, 1996 (23:13 Md. R. 940)
Administrative History: ——————
Administrative History: Transferred from COMAR 05.08.06 to COMAR 07.08.01 effective April 7, 2007
Administrative History: ——————
Administrative History: Chapter revised and transferred from COMAR 07.08.01 to COMAR 01.06.01 effective November 15, 2010 (37:23 Md. R. 1609)
Authority: State Government Article, §§9.5-309—9.5-312; Article 41, §6-911; Annotated Code of Maryland;Executive Order 01.01.07.2007.25

COMAR 01.06.01.10 Governor's Action on Recognition Recommendations.

A. If the Governor concurs with a recommendation for formal recognition by the Commission, the Governor shall propose an executive order to recognize formally the Maryland Indian status of the petitioning group.

B. If the Governor does not concur with a recommendation of the Commission, the Governor shall notify the Commission of the reasons and the Commission shall promptly notify the petitioning group and all persons requesting notice.

C. The Governor shall present the proposed executive order to the Joint Committee on Administrative, Executive, and Legislative Review for the proposed executive order's review. The proposed executive order shall take effect 30 days after submission to the Committee, unless the Governor earlier withdraws the proposed order.

D. The Commission shall promptly notify appropriate governmental agencies and national and state Native American organizations of the executive order.

History

Administrative History: Effective date: May 11, 1992 (19:9 Md. R. 878)
Administrative History: Regulation .13A amended effective July 1, 1996 (23:13 Md. R. 940)
Administrative History: ——————
Administrative History: Transferred from COMAR 05.08.06 to COMAR 07.08.01 effective April 7, 2007
Administrative History: ——————
Administrative History: Chapter revised and transferred from COMAR 07.08.01 to COMAR 01.06.01 effective November 15, 2010 (37:23 Md. R. 1609)
Authority: State Government Article, §§9.5-309—9.5-312; Article 41, §6-911; Annotated Code of Maryland;Executive Order 01.01.07.2007.25

COMAR 01.06.01.11 Recognition Advisory Committees.

A. A Recognition Advisory Committee shall be appointed by the Commission to review each petition for formal recognition of Maryland Indian status under these regulations.

B. Each Recognition Advisory Committee shall consist of five members who shall:

(1) To the maximum extent possible, be Native Americans; and

(2) Include:

(a) Two Native Americans nominated by the Commission from different tribes, bands, groups, or clans, other than the petitioning group, at least one of whom shall be descended from a tribe, band, group, or clan indigenous to Maryland, if available;

(b) One person with demonstrated expertise in genealogy, and in American Indian genealogy if available; and

C. Each Recognition Advisory Committee shall review the petition for recognition and make recommendations to the Commission as required under Regulation .08 of this chapter.

Cross References

01.06.01.08D

History

Administrative History: Effective date: May 11, 1992 (19:9 Md. R. 878)
Administrative History: Regulation .13A amended effective July 1, 1996 (23:13 Md. R. 940)
Administrative History: ——————
Administrative History: Transferred from COMAR 05.08.06 to COMAR 07.08.01 effective April 7, 2007
Administrative History: ——————
Administrative History: Chapter revised and transferred from COMAR 07.08.01 to COMAR 01.06.01 effective November 15, 2010 (37:23 Md. R. 1609)
Authority: State Government Article, §§9.5-309—9.5-312; Article 41, §6-911; Annotated Code of Maryland;Executive Order 01.01.07.2007.25

COMAR 01.06.01.12 Effect of Recognition.

An executive order issued under these regulations may not:

A. Create any rights of ownership or other rights to land;

B. Create any benefits or entitlements of any kind;

C. Impair valid existing rights, benefits, or entitlements of Native Americans residing in the State; or

D. Impair existing judicial rulings of the State regarding Native Americans indigenous to the State.

History

Administrative History: Effective date: May 11, 1992 (19:9 Md. R. 878)
Administrative History: Regulation .13A amended effective July 1, 1996 (23:13 Md. R. 940)
Administrative History: ——————
Administrative History: Transferred from COMAR 05.08.06 to COMAR 07.08.01 effective April 7, 2007
Administrative History: ——————
Administrative History: Chapter revised and transferred from COMAR 07.08.01 to COMAR 01.06.01 effective November 15, 2010 (37:23 Md. R. 1609)
Authority: State Government Article, §§9.5-309—9.5-312; Article 41, §6-911; Annotated Code of Maryland;Executive Order 01.01.07.2007.25

COMAR 01.06.01.13 General Provisions.

A. Administration.

(1) Upon request of the petitioning group, the Commission may extend any time period established by these regulations for processing of the petitioning group's petition.

(2) The Commission from time to time may establish operational handbooks or manuals governing matters relating to the administration of these regulations, including descriptive statements of procedures which do not directly affect the rights of the public or procedures available to the public.

B. Written Requirements. All requests, notices, notifications, consents, and approvals required under these regulations shall be made in writing.

C. Waiver. The Commission may waive or vary any provisions of these regulations if:

(1) The waiver or variance is not inconsistent with the authorizing provisions of State Government Article, Title 9.5, Subtitle 3, Annotated Code of Maryland;

(2) In the written determination of the Commission, the application of the regulations in a specific case or in an emergency situation is inequitable or contrary to the purposes of State Government Article, Title 9.5, Subtitle 3, Annotated Code of Maryland; and

(3) The Office of the Attorney General approves any waiver or variance for form and legal sufficiency.

D. No Private Cause of Action. Action or failure to take action by the Commission or the Governor under State Government Article, Title 9.5, Subtitle 3, Annotated Code of Maryland, or these regulations may not create a private cause of action under the laws of the State.

E. False Statements.

(1) In any matter relating to a petition under State Government Article, Title 9.5, Subtitle 3, Annotated Code of Maryland, or these regulations, a person is guilty of a misdemeanor if that person:

(a) Knowingly and willfully falsifies or conceals a material fact, by any trick, scheme, or device;

(b) Makes any false, fictitious, or fraudulent statement or representation; or

(c) Makes or uses any false writing or document knowing the writing or document contains a false, fictitious, or fraudulent statement or entry.

(2) Except as otherwise provided by law, a person who violates §E(1) of this regulation is subject to a fine of not more than $1,000 or imprisonment for not more than 6 months, or both.

History

Administrative History: Effective date: May 11, 1992 (19:9 Md. R. 878)
Administrative History: Regulation .13A amended effective July 1, 1996 (23:13 Md. R. 940)
Administrative History: ——————
Administrative History: Transferred from COMAR 05.08.06 to COMAR 07.08.01 effective April 7, 2007
Administrative History: ——————
Administrative History: Chapter revised and transferred from COMAR 07.08.01 to COMAR 01.06.01 effective November 15, 2010 (37:23 Md. R. 1609)
Authority: State Government Article, §§9.5-309—9.5-312; Article 41, §6-911; Annotated Code of Maryland;Executive Order 01.01.07.2007.25